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CORNELL UNIVERSITY LIBRARY 
 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924084263734 
 
FOEMS AND- PRECEDENTS 
 
 OF 
 
 PLEADINGS AND PROCEEDINGS 
 
 IN 
 
 C|e €mxt 0f C|aiiar5 for Ontario* 
 
 BY 
 
 WILLIAM LEGGO, 
 
 OF OSGOODE HALL, BARRISTKR-AT-LAW, LATB MASTER AT HAMILTON. 
 
 SECOND EDITION. 
 
 TOEONTO: 
 E. CAESWELL, 26 & 28 ADELAIDE STEEET EAST 
 
 ]876. 
 
(o^S7l 
 
 PRINTED BY 
 
 HBMTER, ROSE AND CO., 
 
 WELLINGTON STREET, 
 
 TORONTO. 
 
PREFACE 
 
 TO THE SECOND EDITION. 
 
 This work may be considered as the third volume of Leggo's 
 Chancery Practice now in the hands of the profession ; though 
 it is framed for use either as a companion volume to the Practice, 
 or as an independent work. 
 
 It will be observed that the arrangement of the forms differs 
 from that of the first edition, and follows more nearly the 
 ordinary course of procedui-e in suits, which it is hoped will 
 be found an improvement, and facilitate reference to the work. 
 
 All the forms have been framed to meet the practice in this 
 Province, and all matter based on that of England only has 
 been carefully eliminated. 
 
 Many forms, not appearing in the first edition, have been 
 added, and much care has been taken to make the list of bills 
 as complete as possible. 
 
 This edition has been thoroughly revised by George S. Holme - 
 sted, Esq., the Registrar of the Court of Chancery, whose 
 position and experience have peculiarly qualified him for the 
 task. 
 
 Hamilton, July, 1876. 
 
TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 PLEADINGS. 
 [N.B. — The. numbers refer to the numbe>-s of the forms, and not to the pages.] 
 
 Seotion I. — Style of cause — Modes of describing informants and 
 
 plaintiffs — Certificates on informations, &o 1-28 
 
 Forms of Bills, &o 29-103 
 
 Section II. — Forms of Demurrers 104-112 
 
 Section III.— Forms of Disclaimers 113,114 
 
 Section IV. — Forms of Answers — Dispute notes — Replication 115-167 
 
 CHAPTER II. 
 
 ENDORSEMENTS ON PLEADINGS, WRITS, &C. 
 
 Section I. — Endorsement of name and address on pleadings, writs, 
 
 &c 168-173 
 
 Notice of change of address 174 
 
 Notices to be endorsed onO.C. Bills 176-179 
 
 Section II. — Notices of filing pleadings, affidavits, &c 181-5 
 
 CHAPTER III. 
 
 SERVICE OF BILLS. 
 
 Affidavits of service 186-190,192-4 
 
 Acceptance of service by solicitor 191 
 
 CHAPTER IV. 
 
 Briefs 195-200 
 
 CHAPTER V. 
 
 HEARINGS. 
 
 Hearings 201-18 
 
 Appeals and rehearings , 219-227 
 
vi TABLE OF CONTENTS. 
 
 CHAPTER VI. 
 
 EVIDENCE. 
 
 Section I.— Admissions 228,229 
 
 " IT.— Documentary evidence which proves itself 230-9 
 
 «« III.— '•■ " which does not prove itself 240-7 
 
 " IV.— Proving exhibits at hearing— Procuring attendance of wit- 
 nesses 248-50 
 
 " V Oaths and affirmations before the Court 252-6 
 
 " " before Examiner 257-61 
 
 " VI.— Notice of reading aflldavits- Enlarging time for taking 
 
 evidence, &c 262-3 
 
 " VII. — Hx parte examinations 264-7 
 
 "VIII. — Viva voce evidence 268-91 
 
 ' ' IX. — Examination of witnesses de bene esse 292-7 
 
 " X. — Demurrers by witnesses 298-9 
 
 " XI. — Affidavits, oaths, jurats, affirmations, &c 300-333 
 
 CHAPTER VII. 
 
 DECREES AND ORDERS. 
 
 Section I. — Formal parts of Decrees and Orders, and precedents of 
 
 praecipe Decrees, &c. — Minutes of Decrees 334-346 
 
 " II. — Drawing up, passing and entering. Decrees and Orders.. 347-353 
 
 " III. — Enrolment of Decrees, &c 354^5 
 
 " IV. — Rectifying Decrees 356 
 
 " v.— Enforcing Decrees and Orders 357-372 
 
 " VI. — Decrees Nisi — Making absolute and motions to set aside.. 373-4 
 
 CHAPTER VIII. 
 
 TRIALS OF QUESTIONS OF FACT, AND ASSESSMENT OF DAMAGES. 
 
 Section I. — Trials and assessments before the Court, with or without 
 
 a jury 375-80 
 
 " II.— New trials 381 
 
 CHAPTER IX. 
 
 INTERLOCUTORY PROCEEDINGS IN SUITS AND INCIDENTAL THERETO. 
 
 Section I. — Formal parts of notices of motion 382-6 
 
 Formal partg of petitions.., 387-9 
 
TABLE 01' CONTENTS. vii 
 
 Section II. — Interlocuto-i-y Mofioiu aiid proceedings in Suits, d-c. 
 
 Motions for security for costs — Bonds for security, &c... 390-407 
 
 Motions to sue in fwmd pauperis, &o 408-14 
 
 Motions to appoint and remove next friends and guardians 
 ad litem to infants and other persons under disabi- 
 lity 415-442 
 
 Motions for allowance of service of biUs 443-5 
 
 Motions for service of bUls by publication, and for taking 
 
 bills so served pro confesso 446-51 
 
 Motions to amend bUls, to take amendments oflf the files, 
 
 and for costs in consequence of amendments, &c. ...462-69 
 
 Motions to file amended, or supplemental answers 470-2 
 
 Petitions to amend Decrees, <&c 473-6 
 
 Motions to take proceedings taken without authority off 
 files, or to strike out name of party, &c. , or stay pro- 
 ceedings taken in name of infants, or married wo- 
 men, &o 477-90 
 
 Motions to dismiss bUls, or stay proceedings in suits . ...491-513 
 
 Motions to compel election 514-8 
 
 Motions to set aside proceedings for irregularity 519 
 
 Motions for leave to rehear, or to appeal from report, and 
 
 to stay proceedings pending rehearing 520-5 
 
 Motions to take proceedings off files, for scandal 526 
 
 Motions for time to answer, and to set aside Decrees or 
 
 notes pro confesso 527-9 
 
 Motions for orders pro confesso 530-2 
 
 Motions relating to discovery and production of docu- 
 ments 533-54 
 
 Motions to change venue 555-7 
 
 Motion for interim alimony 562-3 
 
 Motions for writs of arrest 564r-5 
 
 Abatement and Eevivor. — Proceedings on, and motions 
 
 relating to 566-70 
 
 Supplemental statements 571-6 
 
 Motions for, and to dissolve and to enforce injunctions, 
 
 &c 576-606 
 
 Motions for, and to discharge, stop orders, &c 607-616 
 
 Motions for receivers — Appointment of, and proceedings 
 
 relating to, receivers 616-645 
 
 Payment of money into Court 646-9 
 
 Payment of money out of Court 650-667 
 
 Motions to commit for contempt in Master's office 668-673 
 
 Motions for production of pleadings, &c., at Assizes 674 
 
viii TABLE OF CONTENTS. 
 
 Motions to enlarge time for redemption 675-6 
 
 Motions for appointment of new day 677-80 
 
 Motions for final orders 681-688 
 
 Motions to open foreclosure 689-90 
 
 Motions as to title, and for payment of purchase money 
 
 in specific performance cases 691-3 
 
 Motions to rescind contracts in specific performance cases 694^6 
 Motions to invest funds in Court or in hands of trustees. 697-699 
 
 Changing solicitor, &c 700-2 
 
 Sales. — Motions for leave to bid 703 
 
 Motions to enforce contract 704^5 
 
 Motions to discharge or substitute purchasers 706-11 
 
 Motions for compensation 712 
 
 Motions for delivery of possession on sales 713-7 
 
 Motions for delivery of possession in mortgage cases 718-20 
 
 Motions for vesting orders 721-2 
 
 Motions to dispense with payment of purchase money 
 
 into Court 723-6 
 
 Motions on behalf of trustees as to management of estate. 727-36 
 
 Motions for appointment of new trustees 737-9 
 
 Motions for interpleader orders 741-8 
 
 Motions to garnishee debts, &c 749-52 
 
 Motions to examine and commit debtors 753-6 
 
 CHAPTER X. 
 
 PROCEEDINGS ORIGINATING BEFORE THE JUDGE OR REFEREE IN 
 CHAMBERS. 
 
 Section I. — Administration of estates on motion 757-63 
 
 Section II. — Sales of infants' estates 764-71 
 
 Section III. — Appointment and removal of guardians 772-81 
 
 Section IV. — Maintenance and advancement and management of 
 
 property of wards of Court 782-8 
 
 Section V. — Marriage and settlement of property of wards of 
 
 Court 789-796 
 
 Section VI.— Petitions by trustees to pay trust fund into Court. ... 797-9 
 
 Section VII. — Petitions by trustees for advice 800 
 
 Section VIII. — Proceedings relating to lunatics 801-12 
 
 CHAPTER XI. 
 
 Special cases gi o or 
 
TABLE OF CONTENTS. IX 
 
 CHAPTER XII. 
 
 AKBITRATION. 
 
 Proceedings in arbitrations 827-840 
 
 CHAPTER XIII. 
 
 PROCEEDINGS UNDER 6 ANNE, C. 18, AND " TRUSTEE ACT, 1850." 
 
 Section I. — Proceedings for production of ceshd que vie under 6 Anne, 
 
 C.18 841-t 
 
 Section II.— Proceedings under ' ' Trustee Act, 1850." 845-847 
 
 CHAPTER XIV. 
 
 APPEALS TO THE COURT OF APPEAL, PRIVY COUNCIL AND SUPREME 
 
 COURT. 
 
 Section I. — Forms of Bonds, ifcc, on appeal to Court of Appeal... 848-850 
 
 Section II. — Appeals to Privy Council 851-3 
 
 Section III. — Appeals to Supreme Court 854-866 
 
 CHAPTER XV. 
 
 PROCEEDINGS IN JLiSTKR'S OFFICE. 
 
 Section I. — Administration Suits. — Advertisements for creditors — 
 Proceedings by creditors — Affidavits proving claims, 
 
 &c 867-889 
 
 Warrants and underwriting 890-1 
 
 Production, direction for 892 
 
 Advertisements for claimants — Affidavits as to heirs, 
 next of kin, &c. — Legacies and incumbrances there- 
 on, &c 893-8 
 
 Executors', Administrators' and Trustees' accounts, 
 
 and affidavits verifying 899-909 
 
 Surcharge 910-11 
 
 INIaster'a order for serving parties with decree, and 
 endorsements on office copy of decree — Service of, 
 
 and proof of same 912-111 
 
 Request to taxing officer to moderate bill 920 
 
 Section II. — Foreclosure and Redemption Suits. — Notices T 921-2 
 
 Affida-iats of mortgagee and others, proving claims 923-8 
 
 Section III. — Partwrship Suits. — Affidavit of accountant as to re- 
 sult of investigation of accounts 929 
 
 Master's Report in 930 
 
X TABLE OF CONTENTS. 
 
 Section IV. — Appointment of New Trustees. — Affidavit of fitness — 
 
 Consent and affidavit verifying OSl-S" 
 
 Section V. — Proceedings relating to Sales. — Notice to defendant to 
 conduct sale — Advertisement of sale — Affidavits as 
 to description of property — mode of lotting — fitness 
 of auctioneer — place of sale, &c., and for fixing 
 reserved bids — Conditions of sale — Directions to 
 auctioneer — Affidavits of result of sale and prov- 
 ing publication of advertisements — and Report on 
 
 sale 934^950 
 
 Demand of abstract — Abstract — Objections to ab- 
 stract — Supplemental abstract — Answers to objec- 
 tions — Requisition on title and answers thereto, 
 &c 950-63 
 
 Section VI. — Master's certificates 964-6- 
 
 Section VII. — Master's reports 967-79' 
 
 CHAPTER XVI. 
 
 SOLICITOES. 
 
 Section I. — Authority to prosecute or defend — Consent to act 
 
 as relator, next friend, or guardian 980-991 
 
 Section II.— Change of solicitor or agent 992-1000 
 
 Section III. — Striking oflf roll 1001-1003 
 
 Section IV.— Delivery and taxation of biUs of costs 1004-1018 
 
 CHAPTER XVII. 
 
 COSTS. 
 
 Section I.— Tariff of fees and disbursements, Lower Scale 1019-20 
 
 Section II.— Tariff of disbursements, Higher Scale 1021-3 
 
 Tariff of Counsel and Solicitors' fees. Higher Scale 1024 
 
 Section III.— Tariff of fees and disbursements in Supreme Court 1025 
 
 CHAPTER XVIII. 
 
 QUIETING OP TITLES. 
 
 Petitions, Affidavits, Certificates, Advertisements, TSo- 
 tices, &c 1026-1047 
 
FORMS AND PRECEDENTS 
 
 OF 
 
 PROCEEDINGS IN CHANCERY. 
 
 CHAPTER 1.— Pleadings. 
 
 Section I. — Forms of Bills (a). 
 
 1. Style of Cause. 
 
 The style of the cause is a collection of the names of the 1. 
 
 plaintiffs, and of the defendants : e.g. ®*5"^ °' •^*"^^- 
 
 Between John Jones and William Brown, 
 
 And Plaintiffs, 
 
 James Smith, and Her Majesty's Attorney- 
 General for Ontario, Defendants. 
 Where the plaintiff sues on behalf of himself and others, 
 or is under disability, it is usual to state that fact in the 
 title of the bill, and of the future proceedings in the 
 cause ; as thus : — 
 
 Between John Lee, on behalf of himself and all other 
 the creditors of A.B., deceased - - plaintiff. 
 
 Or, 
 John Lee, an infant, by CD., his next friend, 
 
 plaintiff. 
 
 Or, 
 John Lee, a person of unsound mind, by CD., 
 the committee of his estate, and the said CD., 
 
 plaintiffs. 
 
 Or, 
 John Lee, a person of unsound mind, not ^o 
 found, by CD., his next friend - plaintiff. 
 
 Or, 
 Jane Lee, wife of the defendant John Lee, by 
 CD., her next friend ... plaintiff. 
 
 (a) Pleadings and all other proceedings in a cause maybe written or printed, or partly 
 written and partly printed, and where wholly printed, dates and eums occurring there- 
 in are to be expressed by iigurew instead of words. Ord. 66. All pleadings and other 
 proceedings, are to be written or printed, neatly and legibly, on good paper of the, 
 ordinary foolscap size, and if printed, pica type leaded is to be used. The costs of pro- 
 ceedings not cfmformingto this nde are dLsallowcd, and the Clerk of Records and ^'rits 
 or Deputy Registrar is to refuse to file such proceeding. Ord 67. 
 
2 FORMS AND PRECEDENTS OF 
 
 Or, 
 Her Majesty's Attorney-General for (the Pro- 
 vince of Ontario or Dominion of Canada) 
 Informant, and CD., plaintiff. 
 
 It is not usual to state in the title of the bill that a de- 
 fendant is under disability ; but after a guardian ad htem 
 of such defendant has been appointed, it is usual to state 
 that fact in the title of all future proceedings ; as thus :— 
 
 James Styles, an infant, by Edward Styles, his 
 
 OTardian. 
 
 ^ Or, 
 
 James Styles, a person of unsound mind, not so 
 
 found, by Edward Styles, his guardian. 
 Or, 
 
 James Styles, and Amy the wife of the said 
 
 James Styles, by Edward Styles, her guardian. 
 
 2. Add/ress. 
 
 2- To the Honourable the Judges of the Court of Chancery. 
 
 Address. ° 
 
 FOKMS OF BILLS. 
 
 3. Modes of describing Informants and Plaintiffs in an 
 Information or Bill (h). 
 
 3- Informing, sheweth unto your Lordships the Honour- 
 witSaKia- able O.M., Her Majesty's Attorney-General for the Pro- 
 *'"'*°'' vince of Ontario on behalf of Her Majesty, as follows : 
 
 4. Informing, (<fcc., as above, to Majesty), at and by the re- 
 rSor'"*'' * lation of CD., of {residence and addition), as follows : 
 
 5. Informing (c&c, as i/n No. 4, to addition), and humbly 
 bui°S'*?ei™or complaining, sheweth the said CD., the above-named 
 and plaintiff, plaintiff, as foUows : 
 
 (6) li, at the time of amending the bill, the description of the plaintiff, or of his next 
 friend, is not the same as when the original bill was filed, the new description should 
 appear in the amended bill. 
 
 On amending an information, the proper name of the informant by whom the 
 information was filed is retained, notwithstanding he may not be in office at the time 
 when the information is amended. In the information, the Attorney-General, whether 
 informant or defendant, is described in the style of the cause aa " Her Majesty's At- 
 torney-General for the Province of Ontario," without his proper name. 
 
 (c) An information must be signed by the Attorney-General bj whom it purports to 
 be filed, otherwise it will be irregular. Atty. Ge-nl. v. Street Railway 2 Ch. R. 165. 
 
 The Provincial Attorney-General, and not the Attorney-General of the Dominion, is 
 the proper party to file an information where the matter complained of is an invasion 
 of the rights of the public of Ontario. Secus : Where the complaint is in respect of an 
 injury to property vested in the Crown as representing the Government of the Domin- 
 ion. Atty. Gerd. v. Niagara Falls International Bridge Co. 20 Gt. 34. 
 
PROCEEDINGS IN CHANCERY — BILLS. 
 
 Informing (&c., as in No. 3, to Majesty), and humbly 6. 
 
 complaining, CD., of (residence and addition), the above- pMnta'and* 
 named plaintiff, sheweth as follows : reS.' * 
 
 Informing (<&c., as in No. 3, to Ontario), on behalf of C. 7. 
 
 D., of {residence), a lunatic, at and by the relation of E.F., ouiunatic.^*' 
 of {residence and addition), as follows : 
 
 The Bin of Complaint of the United States of America, „ ^' . 
 
 c^t ,t r -^t Government of 
 
 bheweth as lOiloWS : Foreign State. 
 
 The Bill of Complaint of the Mayor and Aldermen of corporation 
 the City of Hamilton (or as may be), Sheweth as follows : aggregate. 
 
 The BUI of Complaint of the B. of L., a company incor- i„corponuted 
 porated by Act of Parliament, and carrying on business Banking com- 
 in the City of London, Sheweth as follows : ^^"^'' 
 
 The Bin of Complaint of F.H., of, (fee, on behalf of him- q^ ^^^^^ ^j 
 self and all other the shareholders (except the defendants siiarehoiders. 
 hereto) in a certain company called " The Canada Screw 
 Company," Sheweth as follows : ' 
 
 The Bin of Complaint of A.B., of (residence and ad- 12. 
 dition), on behalf of himself and all other the creditors of creditors. ° 
 CD., late of (residence and addition), deceased [Or, and 
 all other the creditors of CD., of <S;c., for whose benefit the 
 
 indentxire of the day of , 18 — , hereinafter stated, 
 
 was made], Sheweth as follows : 
 
 The Bill of Complaiat of A.B., of (residence and ^.^g^fk 2> 
 addition), the official [Or, creditors'] assignee of the estate bankrupt. 
 and effects of CD., an iasolvent, Sheweth as follows : 
 
 The Bill of Complaint of A.B., of (residence and addi- ^duitind* 
 tion), and CD., an infant, by the said A.B. [Or, by E.F., mfant. 
 of (residence and addition], his next friend, Sheweth as 
 foUows : 
 
 The Bill of Complaint of A.B., an infant, by CD., oi j^^„^^^'„^^^ 
 (residence and addition), his next friend, Sheweth asf™nd. 
 follows : 
 
 The BiU of Complaint of A.B., a person of unsound ^^.^^ ^^•,„„,ti, 
 mind, by CD., of, &c., the committee of his estate, and the by committee. 
 said CD., Sheweth as foUows : 
 
4 FORMS AND PEECEDENTS OF 
 
 „ ^1- The Bill of Complaint of A.B., a person of unsound 
 
 Person of un- . , , „ , r\-^ r i • jn i_ n Ti 
 
 sound or weak mmd, uot SO found [Or, a person oi weak mmdj, by O.U., 
 mind^notao ^^ (residence and addition), his next friend, Sheweth as 
 follows : 
 
 H >, ■*■?• ^ The Bill of Complaint of A.B., of (residence and addi- 
 
 Husbandand ... i ,^ i ■ -j. oi j.i i? 11 
 
 wile, jointly. twn), and C, nis Wife, oheweth as loiiows : 
 
 Husbai?"aJone '^^^ ^^^ ^^ Complaint of A.B., of, cfcc, and C, the wife 
 and^xrije by°"^' of the Said A.B., by E.F., of, tfcc, her next friend, Sheweth 
 
 next friend. aS foUowS : 
 
 Wife b^next '^^^ ^^^^ ^^ Complaint of C.B., the \vife of the defendant 
 
 friend: hu.sband A.B., bv E.F., of, Sc, her next friend, sheweth as follows : 
 
 a defendant. ((J) > J ' > > ' 
 
 21. The Bill of complaint of C.B., of {residence), the wife of 
 
 nviiiter mor- A.B., late of (residence), who hath abjured the realm [Or, 
 ""*• who is an alien enemy — or as Tfiay be], Sheweth as 
 
 follows : 
 
 ^^v , The Bill of Complaint of C.B., of (residence), the wife 
 
 Same; husband ^at* i- • t \^ c* i • • -%• < 
 
 residing abroad. 01 A.±J., who IS now residing at \j., out of the jurisdiction 
 of this Honorable Court, by E.F., of &c., her next friend, 
 Sheweth as follows : 
 
 23. The Bill of Complaint of C.B., of (residence), the wife 
 
 wifeasa/e™ ^f j^j^ ^f^ ^^^ suing as a /eme sole [Or, but who has 
 obtained a statutory order for protection from her hus- 
 band], Sheweth as follows : 
 
 4. Certificates to obtain Attorney-General's sanction to 
 information. 
 
 counse?fcertifi. ^ hereby certify that this information is proper for the 
 «onbei?gp™p"r sanction of Her Majesty's Attorney-General. Dated this 
 
 fortheinfor- day of 18 . 
 
 mant's sanction. 
 
 (OounseVs signature). 
 
 25. 
 
 The like of I hereby certify that this information, as amended, is 
 mTon! "■" proper for the sanction of Her Majesty's Attorney-Gen- 
 eral; and that the amendments therein are not made for 
 the purpose of delay. Dated this day of , 18—. 
 
 (Counsel's signature). 
 
 (d.) See now 36 Vic. k. 17, 8 9, Ont. 
 
PROCEEDINGS IN CHANCERY— BILLS. 5 
 
 I hereby certify that A.B., the proposed relator in this . , 26. 
 information, is a proper person to be such relator ; and flcate at awuty 
 that he is competent to answer the costs thereof c'stl.'pverft^ 
 
 I also certifjT that this is a true copy of the draft infor- ™sprii>t- 
 mation, as settled and signed by Mr. C.D., as counsel for 
 
 the informant. Dated this day of , 18 — . 
 
 E.F., of d;c., 
 
 Solicitor for relator. 
 
 I hereby certify that this is a true copy of the draft ..■a^'^" 
 amended information, as settled and signed by Mr. CD., fying reprint. 
 as counsel for the informant. Dated (<fcc., as in last 
 Form). 
 
 E.F., of, <&c., 
 Solicitor for relator. 
 
 {Style of cause). 
 
 I hereby consent that my name be used as relator in 28. 
 the information in this cause. Sntt" his°name 
 
 (Relator's signature), being used. 
 
 Forms of Bills. 
 
 The following forms of bills, No. 29 to 38, are those re- 
 ferred to in Schedule B to Gen. Ord. 75. 
 
 29. For foreclosure of sale by a legal or equitable mort- ^^ fopjfj-j, 
 gagee or person entitled to a lien (e). closure or »aie. 
 
 In Chancery. 
 
 Between — A.B Plaintiff. 
 
 and 
 
 CD Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A.B., of the City of Toronto, 
 in the County of York, Merchant ; 
 Sheweth as follows : 
 
 1. Under and by virtue of an Indenture {or other docu- 
 ment), dated, &c., and made, &c., {and a transfer thereof, 
 made by indenture, dated, &c., and tnade, &c) the plain- 
 tiff is a mortgagee (or, an equitable Tnorigaqee) of {or, is 
 
 (e) " Every material allegation in a bill must be positive. In an answer it is neces- 
 sarily otherwise because an answer is sworn to." Per Mowat V.C. Yarrington v. 
 Lyon, 12 Gt. 310; and see Garraw v. McDonald, 20 Gt. 122. Atty.-Oenl. v. Boulton, 
 20 Gt.' 402. 
 
FORMS AND PEECEDENTS OF 
 
 entitled to hold a lien upon) certain freehold property (or 
 leasehold, or other property, as the case may be) therein 
 comprised, being {insert a general description of the pro- 
 perty), for securing the sum of $ and interest. 
 
 2. The time for payment has elapsed, and no sum has 
 
 been paid on account of principal or interest, {or, % 
 
 has been paid on account of principal, and $ on 
 
 account of interest). 
 
 3. There is now due under and by virtue of the said 
 Indenture of mortgage, for principal money the sum of 
 $ , and for interest the sum of $- . 
 
 4. The plaintiff has not been in occupation of the said 
 mortgaged premises, or of any part thereof, {or, the plaintiff 
 has been in ike occupation of the premises, or of some 
 
 part thereof, from, the day of in the year 
 
 to the day of in the year ). 
 
 5. The defendant CD. is entitled to the equity of re- 
 demption in the said lands {or, the premises subject to such 
 lien). 
 
 The plaintiff therefore prays : 
 
 1. That he maybe paid the saidsum 
 
 of $ , and interest thereon, and 
 
 the costs of this suit (/) ; and in de- 
 fault thereof; that the equity of 
 redemption in the said lands may be 
 foreclosed. 
 
 (Or, that in default thereof the said 
 Tnortgaged premises may be sold and 
 the produce thereof applied in or 
 towards payment oj the said debt 
 and costs.) 
 
 (That the defendant CD. may be 
 ordered to pay the balance of the said 
 nfio) tgaged debt and costs after de- 
 ducting the amount realized by such 
 sale). 
 
 2. That for the purposes aforesaid 
 all proper directions may be given 
 and accounts taken. 
 
 3. That the plaintiff may have 
 such further or other relief as the 
 nature of the case may require. 
 
 And the plaintiff will ever pray(/). 
 
 70 
 
 (/) Where it is sought to restraiu mortgagor from committing waste.— See form No. 
 
PROCEEDINGS IN CHANCERY — BILLS. 7 
 
 30. For redemption of any legal or equitable mortgage, 30. 
 or lien. tion. "^ " '""'' 
 
 In Chancery. 
 
 Between— A.B , PlaintiflF. 
 
 and 
 
 CD Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A.B., &c. 
 Sheweth as follows : 
 
 1. Under and and by virtue of an Indenture {or other 
 document) bearing date, &c., and made between {parties) 
 the plaintiff is entitled to the equity of redemption in 
 certain freehold property therein comprised, being (insert 
 description of property) which was originally mortgaged 
 for securing the sum of and interest thereon. 
 
 2. The defendant CD., is now, by virtue of the said In- 
 denture, dated the day of fee, the mortgagee of the 
 
 said lands, and entitled to receive the principal money and 
 interest remaining due upon the said mortgage. 
 
 3. The amount of principal money and interest now due 
 upon the said mortgage is the sum of or there- 
 abouts. 
 
 4. The plaintiff has made, or caused to be made, an ap- 
 plication to the said CD., to receive the sum of , 
 
 and any costs justly payable to him and re-convey the said 
 mortgaged property to the plaintiff upon payment thereof, 
 and of any costs due to him in respect of the said security, 
 but the said CD. has not so done. 
 
 The plaintiff therefore prays : 
 
 1. That he may be let in to redeem 
 the said mortgaged property, and 
 that the same may be re-conveyed to 
 him upon payment of the principal 
 money and interest and costs due 
 and owing upon the said mortgage. 
 
 2. That for the purposes aforesaid 
 all proper directions may be given 
 and accounts taken. 
 
 3. That the plaintiff may have 
 such further or other reUef as the 
 nature of the case may require. 
 
 And the plaintiff will ever pray. 
 
8 
 
 FOKMS AND PRECEDENTS OF 
 
 „„.^^- . 31. For an account of the dealings of a partnership:) 
 
 Bill to wmd up,,,, ., cy./i J. 
 
 partnership (ff). dissolved or expired. 
 
 In Chancery. 
 
 Between — A.B Plaintiff. 
 
 and 
 
 CD Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancer}'. 
 The Bin of Complaint of A.B., &e. 
 Sheweth as follows : 
 
 1. From the day of down to the 
 
 day of the plaintiff and the defendant CD., car- 
 ried on the business of — 
 
 32. 
 
 Bill to dissolve 
 partnership (A). 
 
 • in partnership under certain 
 articles of co-partnership dated, &c., and made between 
 
 [parties^, [or under a verbal agreement made 
 
 between the plaintiff and G.D., or through their respective 
 agents E.F. and G.H.] 
 
 2. The said co-partnership was dissolved (or expired) 
 on the day of . 
 
 The plaintiff therefore prays : 
 
 1. That an account of the partner- 
 ship dealings and transactions, be- 
 tween the plaintiff and the said 
 CD., may be taken, and the affairs 
 and business of the said partnership 
 wound up and settled under the di- 
 rection of this Honorable Court. 
 
 2. That for the purposes aforesaid 
 all proper directions may be given 
 and accounts taken. 
 
 3. That the plaintiff may have 
 such further or other relief as the 
 nature of the case may require. 
 
 And the plaintiff will ever pray. 
 
 33. 
 
 For dissolution of co-partnership. 
 
 In Chancery. 
 
 Between— A. B... Plaintiff, 
 
 and 
 
 C. D...., , Defendant. 
 
 City of Toronto. 
 To the Honorable the Judges of the Court of Chancery. 
 The BiU of Complaint of A. B., &c. 
 Sheweth as foUows : 
 
 (ff) For another form see No. 83. 
 (ft) For another form see "— ' ''^ "" 
 
PROCEEDINGS IN CHANCERY — BILLS. 
 
 1. The plaintiff and the defendant C. D,, are and have 
 
 been since the day of co-partners in the 
 
 trade or business of under articles of co- 
 
 pai'tnership dated, &c., and made between, &c. {or, under 
 a verbal agreement made, d-o.) which partnership was to 
 continue for j-eare (or for an indefinite time). 
 
 '2. The said business was carried on under the said agree- 
 ment until without any difficulty warranting dis- 
 
 tsolution. 
 
 3. From the last mentioned day until the present time 
 the said C. D. has greatly misconducted himself in the 
 said business, bj" removing the books of the co-partnership 
 from the shop or counting-house of the firm, and denying 
 the plaintiff or debamng him from access thereto, by dis- 
 charging the clerks or servants of the said fitrm, and en- 
 gaging others in his own interest in their room ; by mak- 
 ing false entries in the said books, or improperly keeping 
 the same. 
 
 i. The said defendant has also used the name of the 
 firm for his own private purposes, and has applied the 
 moneys of the partnership to his own individual use. 
 
 5. There is nothing in the said articles or agreement of 
 co-partnership to justify such conduct on the part of the 
 defendant. 
 
 G. The plaintiff has made frequent applications to the 
 said defendant to desist from such conduct and to act in 
 accordance with the said agreement and with his duty as 
 a partner, but without effect. 
 
 7. The plaintiff, on the day of gave no- 
 tice to the said defendant that the said partnership would 
 be dissolved from the day of . 
 
 The plaintiff therefore prays : 
 
 1. That the said partnership may 
 be dissolved, and that the accounts of 
 the said business may be taken from 
 the commencement thereof, and the 
 affairs thereof wound up and ad- 
 justed. 
 
 2. That the plaintiff may have 
 such further or other relief as the 
 nature of the case may require. 
 
 And the plaintiff will ever pray. 
 
10 FORMS AND PEECEDENTS OF 
 
 33. 33. For specific performance of written agreement for 
 
 Rill ffir sDGcific n _f. 
 
 pertormanSe of t}ve saU or purckase of any property. 
 
 agreement for 
 sale or purchase 
 
 of property. j^ Chancery. . 
 
 Between A. B Plaintitt, 
 
 and 
 
 C D .Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A. B., &c. 
 Sheweth as follows : 
 
 1. By an agreement dated the day of 
 
 and signed by the defendant C. D., the said defendant con- 
 tracted to buy of the plaintiff (or to sell him) certain free- 
 bold (or leasehold) property therein described or referred 
 to, for the sum of . 
 
 2. The plaintiff has made, or caused to be made, to the 
 said C. D, application specially to perform the said agree- 
 ment on his part, but he has not done so. 
 
 The plaintiff therefore prays : 
 
 1. That the said agreement may 
 be specially performed, and for that 
 purpose that all proper directions 
 may be given, the plaintiff hereby 
 offering to perform the said agree- 
 ment on his part. 
 
 2. That the plaintiff may have 
 such further or other relief as the na- 
 ture of the case may require and, 
 &c. (i) 
 
 34. 34. For specific performance of a parol agreement 
 
 perfomSof P'^'>'tly performsd. 
 
 parol a^eement 
 partlYflerform- ,. -^, 
 
 ed(j). In Chancery. 
 
 Between — A. B Plaintiff, 
 
 and 
 
 C. D Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 TheBillofC.B, &c. 
 Sheweth as follows : 
 
 1. The defendant C. D. being or pretending to be seized 
 
 t%) For other forms, see Nos. 59, (58 and 91. 
 0') For another form see No. 90. 
 
PROCEEDINGS IN CHANCERY — BILLS. 11 
 
 in fee simple in possession of lot No — , in, &c., the plain- 
 tiflF and the said C. D. on or about the day of- 
 
 entered into a verbal agreement for the purchase by the 
 plaintiff of the said lot of land at or for the price or sum 
 
 of payable &c., with interest, and upon payment 
 
 thereof a proper conveyance was to be executed of the 
 said premises free from incumbrances. 
 
 2. The plaintiff was accordingly admitted and entered 
 into possession of the said lot, and has continued in pos- 
 session thereof ever since and is still in possession thereof 
 
 3. The plaintiff has made divers and considerable 
 
 improvements thereon and has paid the sum of part 
 
 of the said purchase money. 
 
 •1. The plaintiff submits that under the circumstances 
 aforesaid ihe said agreement has been partly performed 
 so as to entitle the plaintiff to a specific execution thereof 
 
 5. The plaintiff made and caused to be made frequent 
 applications to the said C. D. for the purpose of obtaining 
 a specific execution of the said agreement but without 
 effect. 
 
 The plaintiff therefore prays : 
 
 1. That the said contract may 
 be specifically performed by the 
 said CD., the plaintiff being ready 
 and willing and hereby offering to 
 perform the same in all respects 
 upon his part. 
 
 2. That the plaintiff may have 
 such further or other relief as the 
 nature of the case may requii-e. 
 
 And, &c. 
 
 35. To stay waste. 35. 
 
 Bill to stay- 
 in Chancery. 
 
 Between — A. B Plaintiff, 
 
 and 
 
 C. D Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A. B., &c. 
 Sheweth as follows : 
 
 1. The plaintiff is and has been from before the acts here- 
 inafter complained of until the present time seized in fee 
 simple (or, as the case may be) under and by virtue of an. 
 
,12 FORMS AND PKECEDENTS OF 
 
 Indenture, &c., bearing date, &c., and made between, &c., 
 of lot No—, &c. 
 
 2. The defendant CD. is in possession of the said lot as 
 
 tenant for a term of years {or, as the case may be) 
 
 of the plaintiff under and by virtue of an Indenture ot 
 demise &c., bearing date, &c., and made between, &c. 
 
 3. The said defendant has since the day of 
 
 committed waste upon the said lot by cutting down and 
 removing from off the said lot and applying to his own 
 use a large number of the timber and other trees standing, 
 gTowing, and being thereon, and also by quarrying a large 
 quantity of stone being on and part of the said lot, 
 and by pulling down, &c., houses, &c. 
 
 4. The defendant continues and threatens and intends 
 to continue to commit such waste as aforesaid, and other 
 waste and destruction of the said lot, although frequently 
 requested by the plaintiff to desist therefrom. 
 
 The plaintiff therefore prays : 
 
 1. That the said C. D. may be 
 restrained by the order and injunc- 
 tion of this Honorable Court from 
 committing such waste as afore- 
 said, or any other waste, spoil, or 
 destruction on the said premises, 
 and may account for the waste 
 already committed. 
 
 2. That the plaintiff may have 
 such further or other relief as the 
 nature of the case may require. 
 
 And, &c. (k) 
 
 36. 
 
 ^MsTn^the"^^^' ^^- ^° ®**2/ trespass in the nature of waste. 
 
 nature of waste. 
 
 In Chancery. 
 
 Between — A.B Plaintiff, 
 
 and 
 
 CD Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A. B., &c. 
 Sheweth as foUows : 
 
 1. The plaintiff was at the time of the acts hereinafter 
 complained of and has been since up to the present time 
 
 (ft.) For another form, see No. 58. 
 
PROCEEDINGS IN CHANCERY — BILLS. 1^ 
 
 the owner in fee simple {or as the case may be) in posses- 
 sion of lot No. &c., xmder and by virtue of an Indenture, 
 Sic, and made, &c. 
 
 2. The defendant 0. D. has from the day of 
 
 imtil the present time continually trespassed upon the said 
 lot by cutting down and remoN-ing from off the said lot and 
 applying to his own use divers valuable timber and other 
 trees which were growing, standing, and being on the said 
 lot. 
 
 3. The defendant continues and threatens and intends to 
 continue to ti-espass on the said lot in like manner, al- 
 though frequently requested by the plaintiff to desist 
 therefrom. 
 
 The plaintiff therefore pj-ays : 
 
 1. That the said defendant maj' be 
 restrained by the order and injunc- 
 tion of this Honorable Court from 
 committing the acts aforesaid, and 
 other acts of a like natm-e, and may 
 account for the value of the timber 
 and other trees cut down, removed 
 and applied to his own use as afoi'e- 
 said. 
 
 2. That the plaintiff may have 
 such fm-ther or other relief as the 
 nature of the case may require. 
 
 And, &e. (I.) 
 
 37. Bill by a person entitled to an equitable estate or 37. 
 interest and claiming to use the name of his trustee m ^E '" "*^"™^ 
 
 . J- .c I • T T J-, 0' trustee in 
 
 prosecuting an action jor his sole oenefit. prosecutmgan 
 
 action. 
 
 In Chancer}'. 
 
 Between— A. B Plaintiff, 
 
 and 
 
 C. D Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery 
 The BiU of Complaint of A.B., &c. 
 Sheweth as follows : 
 
 1. Under an Indenture dated, &c., and made between, 
 &c., plaintiff is entitled to an equitable estate or interest 
 in certain property therein described or referred to, and 
 the defendant C. D. is a trustee for the plaintiff of the said 
 property. 
 
 I.) For another form, see No. 58 
 
14 FORMS AND PRECEDENTS OF 
 
 2. The plaintifiF being desirous to prosecute an action at 
 
 law against in respect of such property, has made, 
 
 or caused to be made, am application to the said defendant 
 to allow the plaintiff to bring such action in his name, and 
 has offered to indemnify the defendant against the costs 
 of such action. 
 
 3. The said defendant refuses to allow his name to be 
 used by the plaintiff for the purposes of the said action. 
 
 The plaintiff therefore prays : 
 
 1. That he may be allowed to pro- 
 secute the said action in the name of 
 the said defendant C. D., the plaintiff 
 hereby offering to indemnify him 
 against the costs of such action. 
 
 1. That the plaintiff may have 
 such further or other relief as the 
 nature of the case may require. 
 And, &c. 
 
 Biutof^oint ^* '^^ appoint a new trustee in a case where there 
 new trustee is no power in the vnstrument creating the trust to ap- 
 point new trustees, or where the power cannot he 
 exercised. 
 
 In Chancery. 
 
 Between — A. B Plaintiff, 
 
 and 
 
 C. D Defendant. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The BiU of Complaint of A. B., &c. 
 Sheweth as follows : 
 
 1. Under an Indenture dated, &c., and made between, 
 &c. {or the will of), the plaintiff is interested in certain 
 trust property therein mentioned or referi'ed to. 
 
 2. The defendant C. D. is the present trustee (or the 
 real or personal representative of the last surviving trustee) 
 of such property. 
 
 3. There is no power in the said Indenture {or will, &c.) 
 to appoint new trustees {or the power in said will, &c., to 
 •appoint new trustees cannot be exercised). 
 
 The plaintiff therefore prays : 
 
 1. That new trustees may be ap- 
 pointed of the said trust property, in 
 
PROCEEDINGS IK CHANCERY — BILLS. 15 
 
 the place of {or to act in conjunction 
 ■with) the said CD. 
 
 2. That the plaintiff may have 
 such farther or other relief as the 
 nature of the case may require. 
 
 And, &c. 
 
 39. Bill by infant heir against widow and adminis- 39. 
 tratrixfor administration and for maintenance of plain- hei at Sw"* 
 
 ,tiff, next of kin, 
 
 •^ ' agamst the 
 
 widow and ad- 
 
 Title— and address of bill : see ante, No. 29. "enei4?atoinls': 
 
 The Bill of Complaint of J. S., of (fee, an infant by J. I., S'aad'p*" 
 of cfcc, his next friend, the above-named plaintiff, ^onai estate, and 
 
 cniij^ii to make plain- 
 
 bheweth as toiioWS : tits a ward oJ 
 
 1. The plaintiff's father J. S., late of (fee, yeoman, died °™"- '"* 
 on, <&c., intestate : leaving the plaintiff (who was born on, 
 
 dr.), his only child, his heir at law, and his sole next of 
 kin ; and leaving the plaintiff's mother, the above-named 
 defendant M. S., his widow. 
 
 2. Letters of administration of his personal estate and 
 effects have been granted to the defendant by the Surro- 
 gate Court of the County of, c&c. 
 
 3. The said J. S. died seized of and entitled to real 
 estate of great value : which has descended on the plain- 
 tiff' ; and possessed of and entitled to personal estate : to 
 which, or to a share of which, the plaintiff is entitled. 
 
 i. The said J. S. died indebted to various persons, and 
 his debts have not been paid (and the personal estate is 
 insuffioient for the payment of the same). 
 
 ■5. The defendant claims to be entitled to a distributive 
 share of the personal estate, and to dower out of the real 
 estate, of the intestate. 
 
 The plaintiff prays as follows : 
 
 That the real and personal estate of the intestate 
 J. S. may be administered, and proper provi- 
 sion made for the plaintiff's maintenance and 
 education, by and under the direction of this 
 Honorable Court: and that the plaintiff may 
 have such further protection and relief as his 
 case requires, (n). 
 
 (m) The following forms froni No. 39 to No. 45 inclusive, are, with slight variations, 
 taken from Daniell's Foims. 
 
 (n) The practitioner will find it needful to exereisf caution in advising a bill to be filed 
 for administration. UTienever the object of the proceedings can be attained by means 
 of an application under the 12 Vic. by petition for sale of infant's estate, that course 
 should be adopted : See Fenwick v. Fetiwick, 20 Gt- 381. Good/elloio v. Rennie, ib. 
 425. So also, unless there be something special about the case, an administration order 
 should he obtained in Chambers. If a bill be unnecessarily filed the plaintiff may be 
 visited with the extra costs occasioned thereby. 
 
16 FORMS AND PRECEDENTS OF 
 
 40. 40, Bill by married woman for administration, and 
 
 Tied woman, for for execution of trusts of will. 
 
 administration 
 of real and per- 
 sonal estate of a j^^fig — (ji^n^ address of hill: see ante, No. 29. 
 
 testator. *' 
 
 The Bill of Complaint of E. M. C. of, Sc, the wife of 
 the defendant J. C, by H. J. A., of, <&c., her next friend, 
 the above-named plaintiff, 
 Sheweth as follows : 
 
 1. E. A., late of, <&c., esquire, deceased, was at the time 
 of his death seized of, or entitled to, certain freehold and 
 copyhold messuages, lands and hereditaments ; and was 
 also possessed of personal estate to a considerable amount. 
 
 2. The said E. A. duly made and executed his last will 
 and testament, dated, <fcc., and thereby, [<fec. ; Statement 
 showing general devise and bequest of real and personal 
 estate to A. B., and defendants W. F. and C. W., upon 
 trust to convert, pay debts, legacies, funeral and testa- 
 mentary expenses and invest ; and then in trust for the 
 plaintiff for life, for her separate use, with remainder to 
 her children ; and, in default of children, for the defend- 
 ant Z. F.; and showing appointment of A. B., and de- 
 fendants W. F. and G. W., exeeutors]. 
 
 3. The said testator died on, <&c., without having re- 
 voked or altered his said will ; and the same was duly 
 proved by the said A. B., and the defendants W. F. and 
 C. W. in Her Majesty's SurrogateCourt of the County 
 of, (fee, <fec. 
 
 4. The plaintiff has never had a child. 
 
 5. The said A. B. died on, <fcc. ; having duly accounted 
 with the defendants W. F. and C. W. for aU the receipts 
 of the said A. B. up to the date of his death, in respect of 
 the real and personal estate of the said testator ; and 
 there is nothing due from or to the estate of the said ' 
 A. B. to or from the estate of the said testator. 
 
 6. The defendant J. C. is now residing at , out of 
 
 the jurisdiction of this Honorable Court. 
 
 7. Various claims have been made against the estate of 
 the said testator, and difficulties have arisen in the ad- 
 ministration thereof; and the defendants W. F. aad C.W. 
 allege that they cannot safely administer the said estate 
 except under the direction of this Honorable Court. 
 
 The plaintiff prays as follows : 
 
 1. That the trusts of the will of the said E. A. 
 may be carried into execution, and his real and 
 personal estate administered, under the direction 
 
PROCEEDINGS IN CHANCERY — BILLS. 17 
 
 of this honorable Court ; and that for that 
 purpose all proper directions may be given, in- 
 quiries made, and accounts taken. 
 2 General Relief: see ante. No. 29. 
 
 -tl. Bill hy eqtiitable mortgagee, for foreclosure or sale. 41. 
 
 able mortgagee. 
 
 Title, — and address of bill : see ante. No 29. ^y deposit, for 
 
 foreclosure or 
 sale. 
 
 The Bill of Complaint of D. J., of, ffcc, the above-named 
 plaintiff, 
 Sheweth as foUows : 
 
 1. On or about the 12th of May, 1851, the defendant 
 M.. R., then of, <&c., applied to the plaintiff for the loan of 
 SI 50 : which the plaintiff agreed to advance, as to $100 
 forthwith, and as to the remaining $50 when the defen- 
 dant should apply for the same ; and it was agreed that 
 the defendant should give his promissory note for the 
 said sum and interest, as hereinafter mentioned; and 
 should deposit the title deeds hereinafter mentioned as a 
 further security for such loan. 
 
 2. The plaintiff accordingly lent and advanced to the 
 defendant the sum of SI 00 on the said 12th of May, 1851 ; 
 and the defendant signed and delivered to the plaintiff his 
 promissory note in the words and figures following : 
 [ProTnissory note set out.] 
 
 3. At the same time the defendant deposited with the 
 plaintiff the title deeds relating to (describing land) 
 which had been conveyed to the defendant in fee simple, 
 biit no memorandum of such deposit was then, or has 
 since been, given to the plaintiff. 
 
 4. On or about the 4th of June, 1851, the defendant 
 applied to the plaintiff to advance him the further sum of 
 $50, in accordance with the agreement hereinbefore 
 stated ; and accordingly the plaintiff advanced the defen- 
 dant the said sum of $50 on the said 4th of June, 1851 ; 
 and the defendant signed and delivered to the plaintiff a 
 promissory note in the words and figures following : 
 [Promissory note set out] 
 
 5. In or about the month of June, 1852, the defendant 
 applied to the plaintiff to advance him the further sum of 
 $60 for a week, under special circumstances, in order to 
 save him the expense of a journey to London ; and the 
 defendant agreed to repay the plaintiff the sum of $60 in 
 a week's time, and also $10 for the accommodation. The 
 plaintiff accordingly advanced and paid the said sum of 
 860 to the defendant ; who at the same time gave him a 
 
 2 
 
18 FOEMS AND PRECEDENTS OF 
 
 memorandum in the words and tigures following : [Memo- 
 randum set out. J 
 
 6. The defendant made default in payment of the said 
 sum of SCO and interest ; and in the month of July or 
 August, 1852, the plaintiff had an interview with the de- 
 fendant, arfd then proposed that the defendant should 
 execute to him a legal mortgage of the said freehold 
 premises, of which the title deeds had been so deposited 
 as aforesaid, together with certain leasehold property at 
 C, which the defendant then stated he had recently 
 agreed to purchase ; to secure the said several loans and 
 interest thereon, at the rate of $5 per cent, per annum : 
 to which proposal the defendant' agreed ; but such mort- 
 gage was never com])leted. 
 
 7. The whole of the three several sums of $100, $50, 
 and $60, amounting together to the sum of $210, together 
 with interest thereon, stiU remains due from the defen- 
 dant to the plaintiff. 
 
 8. The defendant subsequently became involved in 
 pecuniary difficulties ; and on or about the 18th of Octo- 
 ber, 1852, he left his home, and has not since been seen 
 nor heard of, although repeated and dihgent inquiries 
 have been made for him. 
 
 The }ilaintiff prays as follows ; — 
 
 1. That an account may be taken of what is due 
 to the plaintiff' on security of the said deposit of 
 deeds ; and that the defendant may be decreed 
 to pay to the plaintiff what shall, on taking the 
 said account, be found due to him: together 
 with the costs of this suit : by a short day to be 
 appointed for that purpose ; and, in default of 
 such payment, that the defendant may be for 
 ever barred and foreclosed of aU right and equity 
 of redemption in the said hereditaments at E. 
 aforesaid ; and that the said hereditaments and 
 the legal estate therein may be conveyed to the 
 plaintiff: or otherwise that the same may be 
 sold ; and that the produce of such sale may be 
 apphed to the satisfaction of what shall be found 
 due to the plaintiff; and for the above purposes 
 that all necessary directions may be given. 
 
 2. That some proper person may be appointed 
 by the order of this honorable Court to receive 
 the rents and profits of the said hereditaments. 
 
 3. General relief : see ante, No. 29. 
 
PROCEEDINGS IN CHANCERY — BILLS. 19 
 
 43. Bill by executors of mortgagee by deposit, for specific 42. 
 performance of agreement by third party to take a trans- o^mortg^eefto 
 fer of security, or for foreclosure or sale. specmo petfo™- 
 
 "J^ J •J ance of agree- 
 
 ment to take a 
 
 Title and address of bill : see ante, No. 29. SoJi-e o'"'' 
 
 sale. 
 
 The BUI of Complaint of T. M., of, d&c, W. S„ df, <fcc., 
 and J. C, of, &c., the above-named plaintiffs, 
 Sheweth as follows ; 
 
 1. On the 7th dajr of May, 1852, G. C, late of R., de- 
 ceased, lent and advanced to the defendant E. V. the sum 
 of S3,000 on the security hereinafter stated. 
 
 2. For securing the said sum of $3,000 and interest the 
 defendant E. V. signed and delivered to the said G. C. 
 the following agreement : [Articles of agreement set out, 
 rerbatim: by which, after reciting the deposit of a lease, 
 a policy of assurance, and gas shares,- with G. C, E. V. 
 declared that they luere deposited as a security for |3,000, 
 and interest at 5 per cent. ; and E. V. charged the lease- 
 hold property, the policy, and gas shares, and also a cer- 
 tain rent charge to which he was entitled in reversion, 
 u'ith the payment of the money and interest ; and E. V 
 agreed, when required, to execute a mortgage and troMS- 
 fer of the saidpn'emises, shares, policy of assurance and 
 rent charge : with power of sale, and such other clauses 
 (IS G. C. should require.] The defendant E. V. at the 
 same time deposited with the said G. C. the several docu- 
 ments mentioned in the said agreement. 
 
 3. The said G. C. died in the month of April, 1853 : 
 having first duly made and published his last will and 
 testament in writing, and thereby appointed the plaintiffs 
 executors, who, after his decease, proved the same in the 
 Surrogate Court of the County of- . 
 
 4. The said sum of $3,000 is still due and owing on the 
 said security with interest thereon. 
 
 5. The defendant T. E., by letters signed by him, agreed 
 with the plaintiffs, that if they would postpone giving 
 notice of the said agreement to the tenants of the said 
 property, and to the said gas and insurance offices, he 
 would take a transfer of the said security. The plaintiffs 
 accordingly, relying on such agreement, forbore to give 
 such notice ; but the defendant T. E. now refuses to per- 
 foi-m his said agreement. The defendant T. E. acted in 
 the said matter in concert with the defendant E. V., for 
 the purpose of delaying the plaintiffs' proceedings against 
 him, and enabling him to dispose of portions of his pro- 
 perty ; and the defendant E. V. has accordingly realized 
 
20 FORMS AND PB.ECBDENTS OF 
 
 portions of his property, and placed the same out of the 
 hands of his creditors. 
 
 The plaintiiFs pray as follows : 
 
 1. That an account may be taken of the amount 
 due and owing on the said security. 
 
 2. That the said agreement with the defendant 
 T. E. may be specifically performed ; and that 
 the defendant T. E. may be decreed to pay to 
 the plaintiffs the amount due on their said secu- 
 rity with the costs of this suit: the plaintiffs 
 being willing, and hereby offering on such pay- 
 ment, to transfer to him the said security ; or 
 otherwise that the amount so due : together with 
 the costs of this suit : may be paid to the plain- 
 tiffs by the defendant E. V., by a short day to 
 be appointed for that purpose ; and that in de- 
 fault of such payment the defendant E. V., and 
 all persons claiming under him, may be debarred 
 and foreclosed of and from all right and equity 
 of redemption in the said mortgaged premises ; 
 and may be decreed to convey and transfer the 
 same to the plaintiffs; or otherwise that the 
 said mortgaged premises may be sold, and the 
 proceeds thereof applied in payment of the 
 amounts due on the sai'd security, and the plain- 
 tiffs' costs of this suit. 
 
 3. That some proper person may be appointed, 
 under the order and direction of this honorable 
 Court, to collect, receive, and get in the rents 
 and profits of the said leasehold premises and 
 the dividends of the said shares, and the said 
 rent charge ; when the same shall become pay- 
 able. 
 
 4. General relief, see ante, No. 29. 
 
 43. 43. Bill to restrain infringement of Patent and for 
 
 Bm to res- account. 
 
 train infringe- 
 ment of 
 
 rrtcc'oun?, Title— and address of hill : see ante, No. 29. 
 
 and damages. 
 
 The Bill of Complaint of J. T., A. T., W. T., and H, T., 
 all of, (fee, the above-named plaintiffs, 
 Sheweth, as follows : 
 
 1. Before and at the time of the making of the 
 letters patent next hereinafter mentioned the plaintifts 
 had discovered and were the sole, true, and first inventors 
 
PROCEEDINGS IN CHANCERY — BILLS. 21 
 
 of the improvements in machinery for the manufacture of 
 looped or knitted fabrics in such letters patent mentioned ; 
 and no other person before or at such time made, used, 
 exercised or vended the said improvements or invention. 
 •2. On the lOth of October, 1855, Her present Majesty, 
 by letters patent of that day, under the Great Seal of 
 Great Britain, did for herself, her heirs and successors, 
 give and grant unto the plaintiffs her special license, that 
 they, their executors, administrators and assigns, or such 
 others as the plaintiffs, their executors, administrators 
 and assigns, should at anj^ time agree with, and no others, 
 from time to time, and at all times thereafter, during the 
 term of fourteen years from the date of the said letters 
 patent should and lawfully might make, use, exercise, and 
 vend, within the United Kingdom of Great Britain and 
 Ireland, the Channel Islands, and Isle of Man, an inven- 
 tion for " Irapi'ovements in Machinery for the Manufac- 
 ture of Looped or Knitted Fabrics " : upon the condition 
 that the plaintiffs, their executors, or administrators, by 
 an instrument in writing under their hands and seals or 
 under the hands and seals of one of them, should particu- 
 larly describe and ascertain the nature of the said inven- 
 tion, and in what manner the same was to be performed, 
 and cause the same to be filed in the Great Seal Patent 
 Office, within six calendar months next and immediately 
 after the date of the said letters patent : as by the said 
 letters patent, when produced, will appear. 
 
 3. In pursuance of the said condition the plaintiffs, by 
 an instrument in writing under their hands and seals, 
 dated the 7th of April, 1856, and enrolled in the Great 
 Seal Patent Office on the 9th of the same month of April, 
 1856, particularly described the nature of their said in- 
 vention, and in what manner the same was to be per- 
 formed: as by the said instrument in writing, when 
 produced, will appear. 
 
 4. Concise statement, from the specification, of the 
 nature of the invention. 
 
 5. The said letters patent have never been impeached ; 
 and the same have, from the day of the date thereof, re- 
 mained and now are, in full force, and of valid and effec- 
 tual authority ; and the said improvement and invention 
 was and is novel, useful and valuable ; and from the day 
 of the date of the said letters patent the plaintiffs have 
 applied the said invention with great success ; and have 
 manufactured large quantities of looped fabrics, by means 
 of machinery constructed according to the said invention ; 
 and have derived great profit from the manufacture of 
 such looped fabrics. 
 
22 FORMS AND PRECEDENTS OF 
 
 6. The plaintiffs have never permitted any machines 
 to be constructed according to the said invention for any 
 person, except for themselves; and they have never 
 granted any license to use the said invention to any per- 
 son whomsoever. 
 
 7. In the month of , the plaintiffs discovered, 
 
 for the first time, as the fact is, that the defendant has 
 caused to be constructed for himself, and erected ait L., 
 several machines constructed according to the plaintiffs 
 said invention, or upon the principle of, or only colourably 
 differing from the plaintiffs' said invention, and that by 
 means of such machines the defendant is manufacturing 
 large quantities of looped fabrics. 
 
 8. The defendant has made and is now making such 
 goods as last aforesaid, and is selling the same : to the 
 great prejudice and damage of the plaintiffs ; and he has 
 derived, and is now deriving large gains and profits there- 
 from. 
 
 9. The defendant has sold the looped fabrics so manu- 
 factured by him by means of such machines as aforesaid, 
 at a great reduction on the price at which they had been 
 sold previously by the plaintiffs ; and the plaintiffs have 
 been thereby compelled to reduce their charges for manu- 
 facturing such looped fabrics ; to the great loss and dam- 
 age of the plaintiffs. 
 
 10. The plaintiffs have frequently applied to the defend- 
 ant, and requested him to discontinue the use of their 
 said invention, and the infringement of their said patent, 
 and to come to an account with the plaintiffs for the profits 
 made by the defendant by such use and infringement ; 
 but the defendant has refused to comply with such re- 
 quests. 
 
 The plaintiffs pray as follows : — 
 
 1. That an account may be taken of the profits 
 made by the defendant from the sale of looped 
 fabrics manufactured by him by means of ma- 
 chines constructed according to the plaintiffs' 
 said invention, or constructed upon the principle 
 of, or only colourably differing from, the said in- 
 vention ; and that the defendant may be decreed 
 to pay to the jilaintiffs what, upon taking such 
 accounts, shall be found due from him. 
 
 2. That the amount of the damages sustained by 
 the plaintiffs, by reason of the defendant infring- 
 ing their said letters patent, beyond the amount 
 which, upon taking the account aforesaid, shall 
 
PROCEEDINGS IN CHANCERY — BILLS. 23 
 
 appear to be the profits made b}' the defendant 
 as aforesaid, may be ascertained by and under 
 the direction of tliis Honorable Court ; and that 
 tlae defendant may be decreed to pay such amount 
 to the plaintiffs. 
 
 3. That the defendant, his servants, agents, and 
 workmen may be restrained, by the order and 
 injunction of this Honorable Court, from mak- 
 ing, using, or selling machines for the manufac- 
 ture of looped fabrics constructed according to, 
 or upon the pi'inciple of, or upon any principle 
 onh" colourably differing from, the plaintiffs' said 
 invention ; and from selling looped fabrics manu- 
 factared by means of any such machine: except 
 such fabrics shall have been manufactured by the 
 plaintiffs, or some person duly licensed by them. 
 
 4. That the defendant may pay the cost of this 
 suit. 
 
 5. General relief, see ante. No. 29 (o). 
 
 44:. BUI for appointment of Receiver at the instance oj 44. 
 alleged heir, pending litigation. pomtment of 
 
 a receiver of 
 real and per- 
 
 Title — and address of bill : see ante. No. 29. sonai estate, 
 
 at the instance 
 of alleged heir 
 
 The Bill of Complaint of S. W., of, l-e., the above- ^I'Mns'p^nS 
 named plaintiff, KJ^^^*" " 
 
 Sheweth, as follows : 
 
 1. M. E., late of, &c., widow, was for many years prior 
 and down to, and at the time of her death hereinafter 
 mentioned, seized or otherwise well entitled in fee simple 
 of or to real estate of large value : consisting of houses 
 and hereditaments situate in the counties of M. and E., 
 and elsewhere. 
 
 2. The said 11. E. was also, at the time of her death, 
 possessed of or entitled to a large leasehold estate : con- 
 sisting of houses and hereditaments situate in the coun- 
 ties of M. and E., and elsewhere ; and also of or to a large 
 personal estate: consisting of money, securities for 
 money, and other particulars of very large value. 
 
 3. The said M. E. died intestate on or about, (fc, a 
 widow, and without issue. 
 
 4. At the time of the death of the said M. E. the plain- 
 tiff was, and he is, her heir-at-law : being the eldest son 
 of S. W. the younger, late of, d-c, deceased, who was the 
 
 (o) For another form, see post No. 49. 
 
24 FORMS AND PRECEDENTS OF 
 
 only liother of the said M. E., and who died in her life- 
 time. The said S. W. the younger, and the said M. E., 
 were the son and daughter of S. W. the elder of, &c., and 
 M. his wife, who died many years ago. 
 
 5. The plaintiff was also at the time of the death of the 
 said M. E., and he is now, one of her next of kin accord- 
 ing to the statutes for the distribution of the estates and 
 effects of intestates. The only other next of kin of the 
 said M. E. were and are E., now the wife of J. G., A. W., 
 and J. W. : the only other children of the said S. W. the 
 younger who were living at the time of the decease of the 
 said M. E. 
 
 6. Shortly after the death of the said M. E., untrue 
 information was given to Her Majesty's Attorney-General 
 for the Province of Ontario, that the plaintiff and his said 
 brother and sister were illegitimate, and that the said 
 M. E. had died without leaving any lawful heir or next 
 
 of kin ; and thereupon, and on the day of , 
 
 186 — , a caveat was entered in the office of the Surro- 
 gate Clerk in Chancery by Her Majesty's Attorney- 
 General for Ontario, on behalf of Her Majesty, against 
 the grant of letters of administration of the effects of the 
 said intestate to any except such person as should be 
 nominated by or on behalf of her Majesty. 
 
 7. The plaintiff, as such heir at law of the said M. E., 
 has commenced divers actions of ejectment against the 
 tenants in possession of divers parts of the said M. E.'s 
 real estate, to recover possession thereof; and Her Ma- 
 jesty's said Attorney-General has undertaken to defend 
 such actions on behalf of the tenants in possession ; but 
 some considerable time must elapse before such actions 
 can be tried, or the title of the plaintiff as such heir at 
 law can be determined. 
 
 8. In the meantime the rents of the said M. E.'s resal 
 estate : which consists in great part of divers small houses 
 and tenements, let to divers persons as weekly tenants : 
 have run into arrear ; and the tenants in possession refuse 
 to pay any rent to the plaintiff; and very large sums are 
 due in respect of the same rents ; which are in danger of 
 being lost, and in fact very large sums have already been 
 lost in respect thereof 
 
 9. The plaintiff has applied to her Majesty's Surrogate 
 Court of the County of Y. for the grant of letters of adminis- 
 tration of the estate and effects of the said M. E. to him, as 
 the lawful nephew, and one of the nearest of kin of the 
 said M. E. ; but by reason of the grant of such letters be- 
 ing opposed by Her Majesty's said Attorney-General, un- 
 
PROCEEDINGS IN CHANCERY — BILLS. 
 
 der the circumstances aforesaid, the right to such letters of 
 administration is now under litigation ; and some time 
 miTst necessarily' elapse before the right of the plaintiff 
 thereto can be determined. 
 
 10. Under the cii'cumstances aforesaid there is no per- 
 sonal representative of the said M. E. 
 
 11. For the reasons aforesaid, the rents of the leasehold 
 estate of said M. E. : which consists of divers small houses 
 let out to weekly tenants : are likewise in arrear, and iu 
 danger of being lost ; and a large portion thereof has al- 
 ready been lost. 
 
 12. Moreover, the houses and buildings on the said 
 estate are falling into bad repair, and they require consid- 
 erable outlay to keep them in proper condition ;. and the 
 covenants to repair and insure contained in several of the 
 lease* under which the said M. E.'s leasehold estate is held 
 have been broken ; and the said leases are liable to for- 
 feiture ; and, indeed, the landlords ot some parts of the 
 said leasehold estate have akeady entered upon the same 
 for breaches of covenant : whereby the same have become 
 lost to the said intestate's estate. 
 
 13. The moneys and other personal estate of the said 
 M. E. are likewise in danger of being lost for want of some 
 person to collect and get in the same. 
 
 l-i. The plaintiff submits that some proper person or 
 persons ought to be appointed to receive the rents and 
 profits of the said M. E.'s freehold and leasehold estates, 
 and to collect and get in her personal estate, as hereinafter 
 prayed. 
 
 1.5, At the time of the death of the said M. E., there 
 were in her house divers deeds, books, and documents be- 
 longing to her, and relating to her real and personal estate, 
 and such deeds, books, and documents were taken posses- 
 sion of on the part of her Majesty ; and the same are now 
 under the control of Her Majesty's said Attorney-General ; 
 and the plaintifi" submits that the same ought to be pro- 
 duced and handed over to such person or persons as may 
 be appointed to be such receiver or receivers as aforesaid, 
 for the purpose of facilitating the receipt of the rents and 
 profits of the said real and leasehold estate, and the re- 
 ceipt and getting in of the said intestate's other personal 
 estate. 
 
 The plaintiff prays as follows : 
 
 1. That some proper person may be appointed 
 to receive the rents and profits of the real estate 
 of the said M. E., and to let and manage the 
 
26 FORMS AND PRECEDENTS OF 
 
 same : until such time as the plaintiff's title shall 
 be determined in the said action at law. 
 
 2. That some proper person may also be ap- 
 pointed to receive the rents and profits of the 
 leasehold estates of the said M. E., and to let and 
 manage the same, and to receive, coUect and 
 get in her personal estate : pending, the aforesaid 
 litigation in Her Majesty's Surrogate Court of 
 the County of Y . 
 
 3. That all deeds, books, and documents now 
 under the control of Her Majesty's said Attor- 
 ney-General, belonging or relating to the real 
 and personal estate of the. said M. E., may 
 be delivered over to the person or persons 
 so to be appointed, or that the same may be de- 
 posited in this Court : for the purpose of enab- 
 ling such person or persons to refer to and use 
 the same, as may be necessary. 
 
 i. That for the purposes aforesaid all usual and 
 
 necessary directions may be given, and inquiries 
 
 directed. 
 
 5. General relief: see ante, No. 29. 
 
 45. 45. Bill for limitation of liability of Ship-owner under 
 «J!i'oniSy ' Merchant Shipping Act. 
 
 of ship-owner, 
 
 ™ant Shipping Title — and address of bill : see ante, No. 29. 
 
 Acts. 
 
 The Bill of Complaint of T. G. {and five others), all of 
 S., in the county of D., and severally ship-owners, 
 the above-named plaintiffs, 
 Sheweth, as follows : 
 
 1. The plaintiffs are the owners of the British brig 
 Edith Mary, of 248 tons burthen, as per register. 
 
 2. The said brig Edith Mary was, on Saturday, the 13th 
 of February, 18C4, on a voyage, bound northward, in bal- 
 last ; and during a severe gale of wind on that day, when 
 off Filey, in Yorkshire, the said brig came into collision 
 with a vessel called the Thomas Barker ; and by such col- 
 lision the said Thomas Barker was sunk and totally lost, 
 and all the crew but two were drowned. 
 
 3. The said Thomas Barker was the property of the 
 defendant T. B, ; and the vessel was laden with coal, the 
 property of the defendants the C. G. C, L. There was 
 not any passenger onboard the said Thomas Barker. 
 
 4. The defendants E. 1)., E. T. S., J. B., M. B., A. C. E., 
 M. B., and M. P. are respectively the legal personal repre- 
 
PROCEEDINGS IN CHANCERY — BILLS. 
 
 sentatives of T. D., T. R. S., J. B., J. B., R. E., W. B., and 
 R. P., who formed seven of the crew of the said Thomas 
 Baxker, and who were respectively drowned. J. D., 
 another of the crew of the said Thomas Barker, was 
 drowned, but he has not an 3- legal personal representative. 
 The defendants, W. C. W.'and J. M. D., the only other 
 members of the crew, survived the said collision, and are 
 now living. All the crew of the said Thomas Barker had 
 on board the said vessel, at the time of the said collision, 
 clothes, sea chests, bedding, and other chattels. 
 
 5. No passengers or cargo were on board the Edith 
 Mary at the time of the collision aforesaid. 
 
 6. The defendant T. B. has threatened to take proceed- 
 ings against the plaintiffs, as owners of the Edith Mary, 
 to recover from them a very large sum for the loss incurred 
 by him through the said colHsion. The defendants, E. D., 
 E. T. S., J. B., M. B., A. C. E., M. B., and M. P., have 
 severally commenced actions in Her Majestj''s Court of 
 Q. B., at Toronto, against the plaintiffs, to recover from 
 them very large sums of monej' bj^ reason of the loss of 
 the lives of the seamen aforesaid, and the loss of their 
 clothes and property ; and such proceedings are still pend- 
 ing. The defendants W. C. W. and J. M. D. also threaten 
 proceedings against the plaintiffs for the loss of their 
 clothes and baggage ; and the defendants, the C. G. C, L., 
 claim a large sum of money from the plaintiffs for the loss 
 of the cargo of the Thomas Barker, by the collision afore- 
 said. 
 
 7. The total amount of the several claims exceed by a 
 large amount the sum of $1984 ; which is the value of the 
 Edith Mary, reckoned at £8 sterling per registered ton. 
 
 8. The plaintiffs admit that they are answerable in 
 damages, in respect of the matters aforesaid, in manner 
 mentioned in Part 9 of the Merchant Shipping Act Amend- 
 ment Act, 1862, to the extent of £8 sterling per registered 
 ton of the Edith Mary ; which the plaintiffs submit is, 
 according to the said Act, the limit of their liability 
 where there has been no loss of life of, or personal in- 
 jury to, any passenger ; and they are desirous of having 
 such limit of liability declared, and the amount thereof 
 distributed, under the direction of this Honorable Court. 
 
 The plaintiffs pray as follows : 
 
 1. That the amount of the plaintiffs' liability in 
 respect of the matters aforesaid, according to 
 the said Act, may be declared and distributed 
 between the defendants, and all other persons 
 
:28 FORMS AND PRECEDENTS OF 
 
 who shall establish claims against the plaintiffs 
 in respect of the matters aforesaid, by and under 
 the direction of this Honorable Court. 
 
 2. That in the meantime the defendants, and 
 each of them, may be restrained, by the order 
 and injunction of this Honorable Court, from 
 prosecuting the said actions so already com- 
 menced as aforesaid, and each of them, and 
 from commencing and prosecuting any other 
 action or actions against the plaintiffs, or any of 
 them, touching the matters aforesaid, or any of 
 them. 
 
 3. General relief, see ante, No. 29. 
 
 46. 46. Bill to set aside fraudulent conveyance. 
 
 BlU by judg- 
 
 toTetSde'" Between W. E. S. a.nd A. McI Plaintiffs 
 
 deed from his 
 debtor to a third 
 
 and 
 
 fflMvou^"«) R- G., M. A. E. G. and R. L., Defendants. 
 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The BiU of Complaint of W. E. S. and A. McI., of the 
 City of Hamilton, Merchants, 
 Sheweth : 
 
 1. The plaintiffs above named recovered a judgment in 
 the County Court of the County of Wentworth, on the 
 12th day of September, A. D. 1862, against R G., a defen- 
 dant hereto for $347.99 damages and $42.45 costs, and 
 
 " on the same day caused a writ of fieri facias de bona 
 to be issued thereon, and placed in the hands of the Sher- 
 iff of Oxford, being the proper Sheriff in that behalf, in- 
 dorsed to levy the above sums and two dollars and fifty 
 cents for that writ and Sheriffs' fees, poundages and inci- 
 dental expenses out of the goods of the said R. G. 
 
 2. The said writ against the goods and chattels of the 
 said R. G. was afterwards duly returned, nulla bona 
 by the said Sheriff. 
 
 3. On the 29th day of May, A. D. 1866, the plaintiffs 
 caused a writ of fieri facias de terris to be issued and 
 placed ija the hands of the Sheriff of the United Counties 
 of Huron and Brace, indorsed to levy the above sums for 
 damages and costs, and $5.00 for writs and Sheriff's fees, 
 poundages and incidental expenses out of the land and 
 
 (p.) The forms Nos. 46 to 61, and 71 to 91 inclusive, are taken from pleadings actually 
 used in our own Courts, with verj^ slight variations. 
 
PROCEEDINGS IN CHANCERY — BILLS. 29*' 
 
 tenements of the said R. G,, and the said writ now remains 
 in the hands of the said Sherilf of the United Counties of 
 Huron and Bruce. 
 
 4. The said judgment remains wholly due and unsatis- 
 fied. 
 
 5. On or about the 5th day of September, A. D. 1864, 
 the said R. G., with the intent and design of defeating,^ 
 delaying, and hindering the plain tiifs and his other credi- 
 tors in the recovery of their debts, purchased the follow- 
 ing property, viz : Lot No. in Sparling's Survey, Sea- 
 forth. Township of McKillop, with his own money, from 
 one G. R, and took the conveyance thereof with the in- 
 tent aforesaid, in the name of M. A. E. G, his wife, who 
 became a party thereto for the purpose of assisting her 
 said husband in his said intent and design, and without 
 any consideration moving from her for the same. 
 
 6. By an indenture of Bargain and Sale by way of 
 Mortgage purporting to have been made on the 26th day 
 of January, 1866, between the said R. G. and the said 
 M. A. E. G. of the first part, and R. L. another defendant 
 hereto of the second part, the said R. G. and M. A. E. G. 
 purported to convey the said Lot No. to the said R. L. 
 in fee subject to a proviso to become void on paj^ment 
 of the sum of S2.5(), as therein mentioned. 
 
 7. The said Indenture of Mortgage was registered on 
 the 80th day of the said month of January. 
 
 8. The plaintiffs charge that the said Indenture of 
 Mortgage was made and executed by the said R. G. and 
 M. A. E. G. with the intention and design of defeating, 
 delaying or hindering the plaintiffs and the other credi- 
 tors of the said R. G. in the recovery of their said debt : 
 That the said R. L. advanced no money nor was there 
 any consideration for the said mortgage : that the said R. 
 L. became a party thereto with the design and intention 
 of aiding and assisting the said R. G. to defeat, delay or 
 hinder the plaintifis, and his other creditors in recover- 
 ing their debts. 
 
 The plaintiffs therefore pray : 
 
 1. That they may be paid the amount of the 
 said judgment together with interest thereon 
 and the costs of this suit : and i]j default thereof 
 that the said land and premises may be sold for 
 the satisfaction thereof and the proceeds of such 
 sale applied accordingly. 
 
 2. That the said Conveyance to the said M.A. 
 E.G. and the said Indenture of Mortgage may 
 
30 
 
 FORMS AND PRECEDENTS OF 
 
 47. 
 
 Bill by judg- 
 ment creditor 
 to obtain equi- 
 table execu- 
 tion against 
 his debtor. 
 
 . be declared fraudulent and void as against the 
 plaintiffs, and may be set aside or postponed to 
 them. 
 
 3. And for that purpose that all proper direc- • 
 tions may be given and accounts taken. 
 
 4. And that the plaintiffs may have such further 
 and other relief as the circumstances of the case 
 may require. 
 
 And the plaintiffs will ever pray, &c. (q). 
 
 41. Bill hy Judgment, Creditor for Uquitable Execution. 
 
 In Chancery. 
 
 H. McM Plaintiff, 
 
 and 
 W. G Defendant. 
 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The BiU of Complaint of H. McM. of the City of Ha- 
 milton, carpenter, 
 Sheweth as follows : 
 
 1. That the plaintiff, on the 10th day of April, A.D. 
 1872, in the Court of Queen's Bench for the Province of 
 Ontario, at Toronto, by the Judgment of the said Court, 
 recovered against the Defendant $362 for damages, to- 
 gether with $84.90 for his costs of suit, which said Judg- 
 ment is still in force and unsatisfied. 
 
 2. On the said 10th day of April, the plaintiff sued out 
 of the said Court of Queen's Bench, on the said Judgment 
 a writ oi fieri facias against the goods and chattels of the 
 said defendant, and the same was duly indorsed with a 
 direction to the Sheriff of the County of Wentworth to 
 levy the said sum of $362 damages, and the said sum of 
 $84.90, taxed costs, and also $12 for that writ, and one 
 against lands, with interest from the said 10th day of 
 April, together with his own fees, poundage and incident- 
 al expenses : and the said writ so indorsed was duly de- 
 livered to the said Sheriff on the said 10th day of April, 
 to be executed. 
 
 3. On the said 10th day of April, the plaintiff sued out 
 of the said Court of Queen's Bench, on the said Judgment^ 
 a writ of fieri facias against the lands and tenements of 
 the said defendant, and the same was duly indorsed with 
 a direction to the Sheriff of the said County of Went- 
 
 (}) For other forms, see Nos. 64, 67. 
 
PROCEEDINGS IN CHANCERY — BILLS. 31 
 
 ■worth, to levy the said sum of $362 damages, and the 
 said sum of $y4.90, taxed costs, and also $1- for that writ, 
 and one against goods and chattels, with interest from the 
 said 10th day of April, together with his own fees, pound- 
 age, and incidental expenses ; and the said writ, so in- 
 dorsed, was delivered, to the said Sheriff, on the said 10th 
 da J- of April, to be executed. 
 
 4. That both of the said writs are now in the hands of 
 the said Sheriff for execution, and the said Judgment has 
 not been satisfied either in whole or in part. 
 
 o. That the said Sheriff was and is unable to execute 
 either of the said writs, the defendant not having any 
 goods or chattels, or any lands which can be seized or at- 
 tached by him under either of the said writs, or by any 
 process at law. 
 
 6. The defendant has contracted to purchase from Her 
 Majesty a certain parcel of land known as {describing 
 land) and has paid part of the purchase money therefor, 
 and upon payment of the balance of the said purchase 
 money, which amounts to $120 or thereabouts, he is en- 
 titled to obtain a Grant from Her Majesty of the said lot. 
 b. The said defendant now is entitled, to a valuable 
 equitable interest in the said lands as purchaser thereof, as 
 aforesaid, which interest ought to be made available for 
 the payment of the said Judgment of the said plaintiff, 
 and is far more than sufficient to satisfy the same, but the 
 same cannot by means of the said common law writs, or 
 by any other process or proceedings capable of being had 
 or taken at law be levied upon by the said Sheriff, or 
 otherwise made available for the satisfaction of the said 
 Judgment or of any part thereof. 
 
 1. The plaintiff therefore prays that the defen- 
 dant may be ordered to pay to the plaintiff the 
 amount due to him as aforesaid with the costs 
 of this suit. 
 
 2. And in default thereof the execution of 
 his said Judgment may be aided by this Honor- 
 able Court, and the said equitable interest may 
 be seized, and sold in such manner as to this 
 Honorable Court may seem meet; and the 
 proceeds applied in satisfaction of the said 
 Judgment, and of the subsequent costs attend- 
 ant thereon including the costs of this suit. 
 
 3. That in the event of a sale of the said lands 
 the plaintiff may be allowed to pay up the ar- 
 rears due to Her Majesty in respect of the said 
 
32 
 
 FORMS AND PRECEDENTS OF 
 
 48. 
 
 Bill to declare 
 defendants, 
 assignees in 
 jisolvency, 
 trustees for 
 plaintiff, as to 
 part of -a judg- 
 ment obtained 
 by the naol- 
 vent a^inst a 
 debtor of both. 
 (r.) 
 
 lands, and to add the amount which he may so 
 pay to his said debt, and that the same may be 
 ordered to be repaid to the plaintiff, out of the 
 proceeds of such sale. 
 
 4. That the defendant may be ordered to pay 
 the costs of this suit. 
 
 5. And that the plaintiff may have such further 
 and other relief as may, to your Lordships, seem 
 meet. 
 
 And the plaintiff will ever pray, &c. 
 
 48. Bill to declare assignees of an insolvent, trustees for 
 the plaintiff in respect o] part of a judgement recovered 
 hy the insolvent. 
 
 In Chancery. 
 
 Between I. McM Plaintiff, 
 
 and 
 F. M. W. and A. McK. and R. J. H 
 
 Defendants. 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Complaint of I. McM., of the City of Ham- 
 ilton, in the County of Wentworth, 
 Sheweth as follows : 
 
 1. One J. C. T., formerly of the City of Hamilton, 
 Hotel-keeper, was indebted to the plaintiff in the sum of 
 $1000, for money lent and advanced by him to the said 
 T., and as evidence thereof, yoilr complainant took from 
 said T. his two promissory notes for $500 each, one of 
 them dated the 30th January, 1862, and the other dated 
 the 12th November, 1862, both bearing interest at six per 
 centum per annum from their respective dates, and both 
 made by J.GT. 
 
 2. J.C.T. was also largely indebted to one R.J.H., adefen- 
 dant hereto upon promissory notes, and having made 
 default as well in paying the amount due on the notes 
 to the plaintiff, as in paying those to H. the said H. was 
 about to give instructions to his attorneys to bring an 
 action for the recovery of those due to him and proposed 
 to the plaintiff that the plaintiff's notes should be in- 
 cluded in the same action, to which the plaintiff assented 
 and delivered them to H. without any consideration and 
 for that purpose only. 
 
 3. Shortly afterwards, and on the 9th of August in the 
 
 (r.) Qiuxre whether this Bill would lie row. See Insolvent Act, 1875, s. 125, Crombie 
 V Jackson, U U. C. Q. B., 683 
 
PROCEEDINGS IK CHANCERY — BILLS. 33 
 
 year 1864, H. instructed his attorneys to bring an action 
 against T. for eleven promissory notes including the two 
 belonging to the plaintiff: an action was accordingly 
 brought in the Court of Queen's Bench, in the name of 
 H. against T., and such proceedings were thereupon had 
 that judgment was obtained thereon on the 28th day of 
 August, in the year 1864, for the sum of $13,369.26 
 damages, and $18.48 costs, and on the 3lst day of August, 
 in the same year, a writ of fieri facias de bonis issued 
 upon that judgment, was placed in the hands of the 
 Sheriff of the County of Wentworth, indorsed to levy 
 these sums, fees for writ, and sheriffs' fees of the goods and 
 chattels of T. 
 
 4. Of the amount for which judgment was so obtained, 
 and which was required to be levied, $1000 of principal 
 money and interest upon $500, from 30th of January, 
 1862, and upon $500 from 12th of November, 1862, till 
 the date of the judgment, amounting in all to $1131.25, 
 were the property of the plaintiff. 
 
 5. On the 4th of November, 1864, H. signed an instru- 
 ment, to which the plaintiff craves leave to refer, declar- 
 ing that he was a trustee of the said judgment for the 
 plaintiff to the extent mentioned in the last preceding 
 paragraph. 
 
 6. H. became insolvent, and on the 10th of November, 
 1864, the defendants W. and McK. were duly appointed 
 assignees of his estate under the Insolvent Act of 1864. 
 
 7. While H.'s writ against the goods of T. was in the 
 Sheriff's hands there were other writs also in his hands 
 against the goods of T. and against the goods of H., the 
 priorities of which were in dispute, as also the property 
 affected thereby, and it was agreed by T.'s creditors that 
 the chattels seized under the writs against his goods should 
 be sold by the Sheriff and the proceeds placed in the 
 hands of a trustee, to be paid to such one or more of the 
 creditors as should be eventually found and declared en- 
 titled thereto. 
 
 8. The sale accordingly was made by the Sheriff and a 
 large sum realized thereby and deposited in the hands of 
 a trustee. The respective rights of the execution credi- 
 tors were the subject of litigation in this Court be- 
 tween the defendants as assignees of H. and other parties, 
 but to which the plaintiff was no party and it was ulti- 
 mately and recently determined that the defendants W. 
 and McK. as such assignees were entitled to the proceeds 
 of the sale, and the trustees in pursuance of a decree of 
 
34 FOEMS AND PRECEDENTS OF 
 
 this Court to that effect, delivered over the proceeds of 
 the sale in his hands to the defendants. 
 
 9. The plaintiff submits that under the Insolvent Acts, 
 only the beneficial interest of the insolvent H. passed to 
 the assignees, the defendants W. and McK., and that of 
 the proceeds of the sale which have reached their hands 
 in the manner detailed above, they are trustees for the 
 plaintiff to the extent specified in the fourth paragraph. 
 
 10. The plaintiff has submitted to the defendants W. 
 and McK., affidavits and aU necessary and reasonable 
 proofs of the correctness of his claims estabhshing his title 
 to the portion of the proceeds of the sale claimed by him, 
 but they have refused to pay over the same to him or any 
 part thereof 
 
 1. The plaintiff prays that it may be declared 
 that the defendants were and are trustees of the 
 said judgment and the money realized by the 
 said sale to the extent mentioned in the fourth 
 paragraph of this Bill 
 
 2. And that the defendants W. and McK. may 
 be ordered to pay the same to him with the 
 interest accrued thereon or so much as has been 
 realized thereon from the date of the judgment. 
 
 3. And that the plaintiff may be declared en- 
 titled to his costs from the defendants, W. and 
 McK. or out of the insolvent's estate. 
 
 4 And for that purpose that all proper directions 
 may be given and accounts taken. 
 5. And that the plaintiff may have such further 
 and other relief as the circumstances of the case 
 may require, and the plaintiff will ever pray, &c. 
 
 49. 49. Bill to Restrain Infringement of Patent and for 
 
 Bill to restrain A^^,. ^4 
 
 infringement of "'''' ■O.OOOMTIS. 
 
 patent, and' for 
 an account. ^ 
 
 in Chancery. 
 
 Between S.N ;... .Plaintiff. 
 
 and 
 
 J. W Defendant. 
 
 Town of Woodstock. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of S. N. of the City of Hamilton, 
 Manufacturer, 
 Showeth as follows : 
 
 1. By Letters Patent under the Great Seal of the Pro- 
 vince of Canada, bearing date the tenth day of April 
 
PROCEEDINGS IN CHANCERY — BILLS. 35 
 
 A.D. 1863 : Reciting amongst other recitals that M. N. 
 then of the Town of Brantford, in the County of Brant, 
 Builder, had then lately made apphcation by petition to 
 the Governor of said Province, in the manner provided by 
 l&w, setting forth amongst other things that he claimed to 
 be the original inventor or discoverer of " M. N.'s Econo- 
 mical Drum-heater," which said invention or discovery 
 might be shortly described, reference being first had to 
 the specification and drawing annexed to and forming 
 part of such Letters Patent in the words in such Letters 
 Patent in that behalf used, Her Majesty, by and through 
 Her Governor of Her said Province of Canada, did for 
 herself, her heirs and successors give and grant unto the 
 said M.N., his heirs, lawful representatives and assigns the 
 full and exclusive right and liberty of making, construct- 
 ing and vending to others to be used, the said invention 
 or discovery within the said Province of Canada, in such 
 manner as to said M.N., his heirs, lawful representatives 
 and assigns or any of them should seem meet for and dur- 
 ing and unto the full end and term of fourteen years from 
 the date of such Patent, and to the end that the said M.N., 
 his heirs, lawful representatives and assigns, and every of 
 them might the more eflectually have and enjoy the full 
 benefit and sole use, exercise and enjoyment of the afore- 
 said invention and discovery in pursuance of the statute 
 in such case made and provided. Her said Majesty did by 
 the said patent for herself and her heirs and successors 
 require and strictly command all and every person or per- 
 sons, bodies politic and corporate, and all her subjects 
 whomsoever of what state, quality, name or condition, so 
 ever they might be within her said Province of Canada, 
 that neither they nor any of them at any time during the 
 continuance of the said term of fourteen years thereby 
 granted either directly or indirectly, should make, use or 
 put in practice the said invention or discovery or any part 
 of the same so attained unto and invented by said M.N. 
 as aforesaid, nor in any wise counterfeit, imitate, or res- 
 emble the same, nor make nor cause to be made any addi- 
 tion thereto or subtraction therefrom whereby to pretend 
 himself, herself, or themselves the inventor or inventors, 
 deviser or devisers thereof, without the license, consent or 
 agreement of the said M.N., his heirs, lawful representa- 
 tives or assigns, in writing under his or their hands first 
 had and obtained on that behalf upon certain conditions 
 in said Patent set forth, and amongst others that the 
 said Letters Patent should be void if the said short 
 description and specification and drawing did not con- 
 
36 FORMS AKD PRECEDENTS OF 
 
 tain the whole truth relative to said invention or 
 discovery. 
 
 2. Said M.N. so applied for such Letters Patent and 
 the same were so granted under and by virtue of the 
 Thirty-fourth Chapter of the Consolidated Statutes of 
 Canada, -entitled an Act respecting Patents for invention, 
 and the said M.N. at the time of his said discovery and 
 invention and when he so applied for and when he so ob- 
 tained such Letters Patent was a subject of Her Majesty 
 and a resident in the then Province of Canada. 
 
 3. The said specification was also in writing, and in 
 duplicate and signed by said M.N., and attested by two 
 witnesses, and such drawing was also in duplicate and 
 such specification and drawing, together with such Letters 
 Patent were duly recorded and enrolled in the office of 
 the then Minister of Agriculture of such Province of 
 Canada, whereby and by such statute such drawing shall 
 be considered and is a part of the said specification and 
 the said short description of such invention and discovery 
 so contained in such Letters Patent as aforesaid shall be 
 considered and is a mere reference to the fuller description 
 and more ample details contained in such specification so 
 including such drawing. 
 
 4. Such specification so including such drawing cannot 
 be conveniently fully set forth in this Bill, and therefore 
 the plaintiff refers your Lordships thereto and to said 
 Letters Patent for the fuU description and details of the 
 said invention and discovery for which such Letters Patent 
 were so granted as aforesaid. 
 
 5. The said patent invention in so far as the purposes of 
 this suit are concerned, consists and in the specification so 
 including such drawing is described as consisting of a 
 drum-heater inside a drum of cylindrical shape, closed at 
 the sides and the ends thereof except as hereinafter men- 
 tioned, and an air pipe extending from the fioor to the bot- 
 tom of such drums, and passing upwards through the 
 centre and top of such drum and drum-heater, which air 
 pipe is open at the top and bottom thereof and has open- 
 ings in the sides thereof where it rests upon the floor, but 
 otherwise is closed at the sides ; and which drum-heater 
 consists of a spiral flue extending from the bottom to the 
 top of such drum and passing several times around inside 
 such drum and outside such air pipe, into and through 
 which spiral flue the fire heat of a stove passes by means 
 of an opening at the bottom of such drum upwards, and 
 escapes through an opening in the top of such drum into 
 the stove pipe, heating in such its passage the air of the 
 
PROCEEDINGS IN CHANCERY — BILLS. 37 
 
 room in the house or public building where such drum- 
 heater and air pipe may be placed, and also the air inside 
 such air pipe therebj' causing such air inside such air pipe 
 to ascend and be discharged through the opening at the 
 top of such air pipe and the cold air at the Hoor to be 
 thereby drawn in at the bottom of such air pipe, passed 
 up such air pipe, heated in its passage and so discharged 
 through such opening at the top of such air pipe. 
 And the said specification including the said drawing, 
 besides describing in detail the various parts of the said 
 machinery and its mechanism, construction, operation, 
 concludes with a claim which in part is as follows, viz : 
 The said M.N. thereby claimed as his invention such 
 spiral flue in connection with such air pipe and also that 
 such his invention is peculiarly adapted for heating rooms 
 in houses and public buildings, and that by its use not 
 only is a great saving of fuel effected but the air in rooms 
 is rendered of a more uniform and equal temperature at 
 top and bottom. 
 
 6. The said patent invention was at the time of the 
 discovery thereof and at the time of the said application 
 for the said Letters Patent therefor, and at the time of the 
 said granting of such Letters Patent therefor, new, and 
 useful, and unknown, and unused in said Province of 
 Canada, and the conditions on which the said Letters 
 Patent were granted have been complied with, the said 
 Letters Patent are now in full force and unrevoked, and 
 in no wise void or voidable. 
 
 7. Upon obtaining such Letters Patent the said M. N. 
 and the plaintifi" entered into co-partnership in the manu- 
 facture and sale of such drums and drum-heaters accord- 
 ing to the said patent invention, and continued in such 
 trade and business during the lifetime of said M. N. 
 
 8. Said M. N. on the 27th day of December, A.D. 1S.56, 
 made his wiU of that date, and on the 10th day of Decem- 
 ber, A.D. 1864, made a codicil thereto, to each of which 
 documents the plaintiff" refers your Lordships, and the 
 said M. N. thereby willed the plaintiff" should thence- 
 forth carry on such business, give one-half of the profits 
 thereof to E. N., said M. N.'s wife, and retain the residue 
 for the plaintiff"s own use. And the said M. N. thereby 
 willed and devised all other his estate and effects, real, 
 personal and otherwise, which should belong or appertain 
 to him at his decease to his said wife, and thereby made 
 her sole executrix of his said will. 
 
 9. The said M. N. afterwards on the 10th day of De- 
 cember, A. D. 1864, died, leaving the plaintiff" and his said 
 
38 FORMS AND PRECEDENTS OF 
 
 wife, him surviving, and without revoking the said will or 
 codicil thereto, and they are both still in fuU force. 
 
 10. The said E. N. thereupon accepted such executor- 
 ship and devises to her and duly proved such -will in the 
 Surrogate Court of the County of Brant, which was the 
 proper Surrogate Court in that behalf, and she was and 
 is his sole legal personal representative. 
 
 11. Such executrix of said M. N., by indenture dated 
 the 22nd day of May, A.D. 1866, made between her of 
 the first part and the plaintiff of the second part, for and 
 in consideration of S300 therein mentioned, sold and as- 
 signed to the plaintiff all her interest then to come in 
 such Letters Patent, and in the said business. 
 
 12. Such will and codicil were each witnessed by two 
 credible subscribing witnesses, and published and declared 
 by the said M. N. in the manner by the statutes and laws 
 of the said Province of Canada, required for the passing of 
 real and personal estate therein. 
 
 13. The said indenture of assignment was duly recorded 
 on the 3rd day of July, A.D. 1866, in the Bureau of 
 Agriculture and Statistics of said then Province of 
 Canada. 
 
 14. The plaintiff has ever since the death of the said 
 M. N., under and by virtue of the premises, carried on 
 and is still carrying on the said business in his own name, 
 and excepting, as hereinafter mentioned, all of such 
 drums and drum-heaters manufactured and sold in such 
 business, have always been and still are of the outward 
 form of that shewn and designated by the letter Lr. A. 
 upon the said drawing, but some thereof vary there- 
 from in some immaterial particulars, scarcely capable 
 of detection, and all of them were and aie constructed 
 according to the said patent invention, and those con- 
 structed by the plaintiff and M. N. in his lifetime, and 
 by the plaintiff since his death, have been and are offered 
 for sale, and sold, some thereof by the trade name of ^' M. 
 N. Economical drum-heater," others thereof by the trade 
 name of " N's patent heater," and the residue thereof by 
 the trade name of " N's patent drum-heater," and each 
 and every thereof had and has thereupon a raised bronze 
 label, on which was inscribed "M. N's. patent, patented 
 April 10th, 1866." 
 
 15. These drums and drum-heaters have, during all 
 that time, been favourably known to the trade and to the 
 public by such outward form thereof, and by each of 
 those trade names, by s-uch bronze-coloured label thereof, 
 and have been and are, with continually increasing favour. 
 
PROCEEDINGS IN CHANCERY — BILLS. 39 
 
 known and inquired for and purchased by each of such 
 trade names, as well ;is by such bronze labels, to the great 
 gain and profit of the plaintiff in his said trade and 
 business. 
 
 16. The defendant was never licensed or empowered by 
 the plaintiff, nor by the said M. N., his heirs, lawful re- 
 presentatives or assigns, to make or sell machines 
 wholly or in part thereof in accordance with the said 
 patent invention or any part thereof, or in any wise to 
 make, use or put in practice said patent invention, or any 
 part thereof, or in any wise to counterfeit, imitate or re- 
 semble the same, or make or cause to be made any addi- 
 tion thereto, or subtraction therefrom, whereby to pre- 
 tend himself the inventor or deviser thereof 
 
 17. Yet the defendant, on the 29th day of February, 
 A.D. 1868, or thereabouts, contrary to the provisions of 
 the said Letters Patent, and of the statutes in that behalf, 
 and within the now Province of Ontario, counterfeited, 
 and imitated the said patent invention by simply chang- 
 ing the form and proportion of, and making additions 
 to, and subtractions from said " M. N.'s economical drum- 
 heater," so patented as aforesaid, for the purpose of pre- 
 tending himself the inventor of such counterfeit imita- 
 tion and resemblance thereof, and the defendant then 
 named his said pretended invention and discovery, " J.W.'s 
 economising heater for wood and coal." 
 
 18. The said pretended invention so named and desig- 
 nated "J. W.'s economizing heater for wood and coal," 
 was and is according to, although it in fact, only imper- 
 fectly, and in an unnecessarily complex manner carries out 
 the principle of the said patent invention, so as aforesaid 
 named and designated '■ M. N.'s economical drum-heater," 
 and, in fact, only varies therefrom by and through the 
 substitution, in the said pretended invention, of old and 
 well-known, and less simple and less effective mere 
 mechanical equivalents for the said spiral flue and the 
 portion within the drum of the said air-pipe of the said 
 patent invention, without anj- novelty or invention in 
 such substitution, and without any useful purpose being 
 thereby attained by means whereof all drum-heaters made 
 according to such pretended invention became much 
 sooner filled and encumbered with soot, and are much 
 more difficult to cleanse the soot from, and give out far 
 less heat, and in a far less degree equalize the temperature 
 at the top and bottom of the rooms in which they are 
 used, than those constructed according to the said patent 
 invention. 
 
40 FORMS AND PRECEDENTS OF 
 
 19. Nevertheless, the defendant applied to the Governor 
 of the Province of Ontario for Letters Patent in that be- 
 half, and upon such his application pretended and misre- 
 presented to the Governor of such Province that his said 
 pretended invention was a new and useful invention and 
 discovery, and by means of such pretence and misrep- 
 resentation obtained Letters Patent under the Great 
 Seal of the said Province of Ontario, dated the 10th 
 day of March, A.D. 1868, and similar in form to the 
 Letters Patent so issued to the said M. N. as aforesaid, to 
 be issued to him, the defendant in that behalf, which Let- 
 ters Patent so issued to the defendant were and are upon 
 and subject to the following amongst other conditions 
 contained therein : that is to say, that if the defendant 
 was not the first discoverer and inventor of the alleged 
 invention therein mentioned, or if the same was known 
 or in use in such Province before the same was invented 
 by the defendant, and before his application for those 
 Letters Patent, then and in every such case such Letters 
 Patent should cease and determine, and become null and 
 void. 
 
 20. The plaintiff charges that the defendant was not 
 the first discoverer or inventor of the alleged invention in 
 such patent, and that such alleged invention was known 
 and in use in said Province before the same was invented 
 by the defendant, and before his application for such Let- 
 ters Patent, and submits that by reason thereof such Let- 
 ters Patent always were and are null and void. 
 
 21. The defendant now pretends the said pretended 
 patent invention is an improvement upon the said patent 
 invention of the said M. N., and is as such new and 
 useful and patentable, while the plaintiff charges the con- 
 trary, and that the said pretended patent so issued to the 
 defendant as aforesaid was not granted in respect of any 
 alleged improvement, and that the defendant does not in 
 his specification in that behalf so claim. 
 
 22. The defendant has continually since the said issue 
 to him of the said Letters Patent for his said pretended 
 invention, and under colour and pretence thereof, and 
 within the Province of Ontario, and in fraud and wrong 
 of the plaintiff, and to his great injury, manufactured, 
 used and sold by a very great number of persons, and 
 amongst others, by one W. B., one M. H., and one J. C, 
 for profit and gain to the defendant in that behalf, gi-eat 
 numbers of drums and drum-heaters of such close outward 
 resemblance to those drums and drum heaters so manufac- 
 tured and sold hj the plaintiff as aforesaid as not to be 
 
PROCEEDINGS IN CHANCERY — BILLS. 41 
 
 distinguishable therefrom, unless by very minute inspec- 
 tion and examination, and constructed according to said 
 patent invention of the plaintiff, but not thoroughly and 
 properly carrying out the principles thereof, and being by 
 reason thereof inferior articles, and of less value than 
 those of the plaintiff above mentioned. 
 
 23. The defendant also in fraudulent and wrongful imi- 
 tation of the said trade names and bronze-coloured label 
 of the plaintiff, all of which were, in fact, well-known to 
 the defendant, labelled and designated each of such drums 
 or drum-heaters so by him, the defendant, manufactured 
 and sold and licensed, caused and procured to be manu- 
 factured and sold as aforesaid, with a label in shape, size, 
 colour and general appearance closely resembling the said 
 label of the plaintiff, but having thereon the words " W.'s 
 Economizing Heater," patented March 10th, 1868, and 
 also advertised and offered for sale such drums and drum- 
 heaters of defendant by trade names closely resembling 
 those of the plaintiff above mentioned, and also caused to 
 be published in the public newspapers of Ontario, articles 
 in the form of editorials, falsely, wi'ongfully and mali- 
 ciously slandering and depreciating the said patent inven- 
 tion, drums and drum-heaters of the plaintiff, and com- 
 paring them falsely and disparagingly to and with the 
 S'aid pretended patent invention of the defendant and his 
 said drums and drum-heaters, and in particular the de- 
 fendant caused one of such false, wrongful, malicious, de- 
 famatory editorial articles to be published in the issue of 
 the 30th December, A.D. 1868, of the Hamilton Evening 
 Times newspaper, of the City of Hamilton, in the Province 
 of Ontario, and in the issue of the 31st December, A.D. 
 1808, of the Hamilton Evening Times, of same place, to 
 which the plaintiff refers your Lordships for particulars 
 thereof, and the defendant threatens and intends to, and 
 unless restrained as hereinafter prayed will, continue such 
 grievances. 
 
 24. By means of such wrongful and fraudulent devices 
 the defendant has greatly interrupted and injured the 
 plaintiff's said trade and business, and has so sold and so 
 caused and procured to be sold, in divers places in the 
 Province of Ontario, to divers of the public there (who 
 otherwise would have purchased the drums and drum- 
 heaters made by the plaintiff) the said drums and drum- 
 heaters so fraudulently made, and caused to resemble the 
 plaintiff's as aforesaid, and in particular, the defendant so 
 sold and licensed, and caused and procured to be sold two 
 of such drums and drum-heaters so resembling those of the 
 
42 FORMS AND PRECEDENTS OF 
 
 plaintiff as aforesaid to one D. T., of the Village of Paris, 
 in the County of Brant, in said Province; two more thereof 
 to one G. H., of the same place ; two more thereof to one 
 J. B., of the same place ; two more thereof to one R. O. C, 
 of the City of Hamilton, in the said Province ; two more 
 thereof to E. and G. M., of the same place ; two more 
 thereof to W. B., of Hamilton aforesaid ; two more thereof 
 to J. M., of Hamilton aforesaid ; two more thereof to A. W., 
 of Hamilton aforesaid ; four more thereof to the Trustees 
 of the Pearl Street school-house, of St. Mary's Ward, in 
 Hamilton aforesaid ; two more thereof to J. W., of Ham- 
 ilton aforesaid ; two more thereof to M. H., of Hamilton 
 aforesaid : two more thereof to G. S., of Hamilton afore- 
 said ; two more thereof to the G. W. R. Coy., at Hamil- 
 ton aforesaid. 
 
 25. The said inferiority of those drums and drum-heater& 
 so sold and licensed, and caused and procured to be sold 
 by the defendant in the manner aforesaid, together with 
 their said similarity in appearance, and in the alleged 
 trade names thereof, and the label prices and labels there- 
 upon to those of the plaintiff, also is calculated to injure, 
 and in fact does wrongfully injure the plaintiff in his said 
 trade and business, by damaging the public reputation of 
 the said drums and drum-heaters of the plaintiff, for 
 which they are designed and likely to be and are often 
 mistaken. 
 
 The plaintiff therefore prays as follows : 
 
 1. That the said Letters Patent so issued to 
 the defendant as aforesaid may be declared to 
 be and to have always been null and void by 
 reason of the aforesaid misrepresentation and 
 misconduct of the defendant in obtaining the 
 same, and by reason of the said want of novelty, 
 in the said pretended invention of the defendant 
 and by reason of its said want of usefulness and 
 by reason of those Letters Patent including the 
 same invention and discovery, or a material part 
 of the same invention and discovery, as the prior 
 Letters Patent so granted to said M. N. as afore- 
 said. 
 
 2. That the defendant, his agents, servants 
 and workmen may be restrained by the Order 
 and Injunction of this Honorable Court until 
 the hearing of this cause and thenceforth per- 
 [jetually by the decree of this Court, from man- 
 ufacturing, using, selling, offering for sale or 
 
PROCEEDINGS IN CHANCERY — BILLS. 43- 
 
 licensing or causing any other or others to 
 manufacture, use, sell, offer for sale drums and 
 drura-heaters or other machines constructed ac- 
 cording to his said pretended patent invention, 
 and from selling or offering or exposing for sale 
 or disposing of or parting with the custody of 
 any of the said drums or drum-heaters so by 
 the defendant manufactured and offered for sale 
 as aforesaid, or any other similar drums and 
 drum-heaters bearing and having the above 
 mentioned, or any other fraudulent and colour- 
 able imitation of the said trade, name and stjde 
 of the plaintiff thereon without the license and 
 authority of the plaintiff in that behalf. 
 
 3. And from manufacturing, using, selling or 
 disposing of or parting with the custody of, 
 unless with the leave, and license of the Plaintiff, 
 any drum-heaters or other machines or any 
 mechanism or apparatus calculated or intended 
 to be used in or as parts thereof made in accord- 
 ance with the said patent invention of the said 
 M. IN. or with colourable deviation therefrom 
 or with the substitution of mere mechanical 
 equivalents for the same or some parts or other- 
 wise in accordance with said patent invention 
 of said M. N., or by simply changing the form 
 or the proportion of the drum-heater or ma- 
 chine ; whether the same be or be not also con- 
 structed according to the said protended patent 
 invention of the defendant. 
 
 4. That an account may be taken of the gains 
 and profits which the defendant has made as 
 aforesaid and that he may be decreed to pay the 
 same to the plaintiff. 
 
 5. That defendant may be decreed to compen- 
 sate the plaintiff for the damage by him sus- 
 tained by the wrongful acts of the defendant in 
 the premises, and that all proper directions may 
 be given and accounts taken in that behalf. 
 
 6. That the defendant may be decreed to de- 
 liver up to the plaintiff, all drum-heaters and 
 other machines, mechanism and apparatus in 
 the possession or power of the defendant which 
 have not been made by the plaintiff, or the 
 plaintiff and the said M. N or the said M. N., 
 or his heirs, lawful representatives or assigns or 
 by their or some of their license or authority 
 
44 FORMS AND PRECEDENTS OF 
 
 and which have been made according to the said 
 patent invention or with such deviations or sub- 
 stitutions as aforesaid or which are calculated 
 and intended to be used as aforesaid or which 
 have the above mentioned or any other wrong- 
 ful and fraudulent imitations of the said trade, 
 name and style of the plaintiff thereon. 
 
 7. That defendant may pay all the costs of 
 this suit. 
 
 8. And that plaintiff may ha T^e such further 
 and other relief as may seem meet, (s.) 
 
 „•„ . ^°- . SO- Bill to prevent use of Trade Mark. 
 
 iBill to prevent ^ -^ 
 
 use of a trade- 
 
 ■"**• In Chancery. 
 
 Between—E. D.,and S. D. D Plaintiffs, 
 
 and 
 
 J. K Defendant. 
 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Complaint of E. D., of fee, and S. D. D., of 
 &c. ; 
 Sheweth as follows : 
 
 1. In the winter of the years 1839 and 1840, P. D., the 
 father of the plaintiffs, who then resided at Taunton, in 
 the State of Massachusetts, invented and compounded a 
 certain medicine of great value, useful in curing many ail- 
 ments and diseases, and in the early part of the year 1841, 
 commenced to manufacture the same at Fall Rivers, in 
 said State of Massachusetts, in quantities, and applied 
 thereto the trade-mark and name of " Pain-Killer," and by 
 that name and trade-mark sold the same in bottles, on 
 which, and on the wrappers of which, the word " Pain- 
 Killer," was conspicuously printed or impressed, and the 
 said medicine was then called " Pain-Killer," and has ever 
 since been and is now known by that name. 
 
 2. The said P. D. was the original and first inventor of 
 the said medicine, and of the said name of " Pain-Killer," 
 therefor, and was the first person who used the name 
 of " Pain-Killer " as a trade-mark as applied to said medi- 
 cine, by which the said medicine should thereafter be 
 known and sold, and no person but said P. D. ever before 
 had used the said name of " Pain-Killer," or applied the 
 same as a name or trade-mark for any medicine or article 
 of commerce. 
 
 (8) For another form see No. 43. 
 
PROCEEDINGS IN CHANCERY — BILLS. 45 
 
 3. In the year 1843, the said P. D. removed to Provi- 
 dence aforesaid, where he continued the manufacture of 
 the said medicine and the use of the said trade-mark of 
 "Pain -Killer," as applied thereto in manner aforesaid, and 
 the said medicine acquired great reputation, and large 
 quantities thereof were thereafter continually manufac- 
 tured and sold by the said P. D. in Canada West, and in the 
 United States of America, Great Britain and many other 
 parts of the world. The said P. D. spent large sums of 
 money in advertising his said medicine and the said trade- 
 mark of " Pain-Killer," as applied thereto, and by these 
 means the same was known to the trade and the general 
 public of Canada West, and elsewhere, by the name of 
 " Pain-Killer," and whenever " Pain-Killer," was asked for 
 in shops and elsewhere, the said medicine so invented as 
 aforesaid by the said P. D. was intended, and was sup- 
 plied by that name, and that state of facts has continued 
 from the year 1841 down to and at the present time. 
 
 4. In the year 1850 the said P.D. sold and transferred 
 to the plaintiff, E. D., one half share or interest in the said 
 medicine, and in the said trade-mark of " Pain-Killer," and 
 the said P. T>. and E. D. adopted the name, style and firm 
 " P. D. and Son," and by that name advertised the said 
 medicine and trade-mark in manner aforesaid, and con- 
 tinued in manner aforesaid, at Providence aforesaid, to 
 manufacture the said medicine, and to sell the same in 
 Canada West and elsewhere, and to apply thereto the 
 said trade-mark of " Pain-Killer," and to sell the same by 
 said name in the same way and manner in Canada West 
 and elsewhere, as it is hereinbefore stated, that the said 
 P. D. had done prior to the said sale and transfer to the 
 said E. D. 
 
 5. On the 2nd day of May, 1862, the said P. D. died 
 intestate, at Providence aforesaid, having at the time of 
 his decease his fixed place of abode and domicile at Provi- 
 dence aforesaid, leaving him surviving his widow E. D., 
 the said E. D., his only son, and the said plaintiff, S. D. D., 
 his only daughter, and no other child or children, or the 
 descendants of any child, and by the laws of the said 
 State of Rhode Island, in that case and under the said 
 state of facts, the property in the said trade-mark and 
 business thereby, under the circumstances stated in this 
 paragraph, became absolutely vested in the said plaintiff, 
 E. D., as surviving partner of the said P. D., and (on the 
 appointment of said E. D. as administrator of said P. D., as 
 hereinafter mentioned) as the legal personal representative 
 of the said P. D., and the said plaintiffs and R. D. were 
 
46 FOKMS AND PRECEDENTS OF 
 
 the sole next of kin of said P. D., and as such entitled to 
 the whole of the property and effects of the said P. D., 
 and being so entitled the plaintiffs purchased from the 
 said R. D. all her share and interest in the said estate, 
 business and trade-mark of the said P. D., and the said R. 
 D., by deed poU, dated 1st day of January, 1863, duly con- 
 veyed and assigned to the plaintiffs all her said share and 
 interest in the said estate of the said P. D., and in the said 
 trade-mark, and the said plaintiffs then agreed to, and did 
 become jointly the owners of the said trade-mark, and of 
 the whole of the estate and effects of the said P. D., and 
 the plaintiffs continued the said business of the said firm 
 of P. D. and Son, under the same name, and also con- 
 tinued the manufacture and sale of said medicines and 
 the use of said trade-mark, by the same means and in the 
 same way and manner in every respect as the said P. D. 
 and E. D. had done, and they still continue the same. 
 
 6. On the 10th day of June, 1862, the said E. D. was 
 duly appointed administrator of the personal estate and 
 effects of the said P. D. by the Municipal Court of the 
 City of Providence aforesaid, within the jurisdiction of 
 the said Court. 
 
 7. The plaintiffs are now the sole and absolute owners 
 of the said business of manufacturers of the said medicine 
 called " Pain- Killer," and sole and absolute owners of the 
 said trade-mark called " Pain-Killer," applied thereto in 
 manner aforesaid, and carry on the said manufacture and 
 use of said trade-mark in manner aforesaid, at the said 
 factory, in Providence, where the said P. D. carried on the 
 same, and the said medicine of the plaintiffs is stiQ called 
 and known, and by them sold throughout the whole of 
 Canada and elsewhere as aforesaid as " Pain-Killer," and 
 the said trade-mark or name of "Pain-Killer," is still 
 applied thereto as a trade-mark in the way and manner 
 aforesaid, and the same is sold by the said plaintifis and 
 dealers in said article by the said trade-mark "Pain- 
 Killer," and save in the illegal and fraudulent way and 
 manner in the ninth paragraph of this Bill set forth, there 
 is no other medicine to which the trade-mark of " Pain- 
 Killer " is applied, and whenever medicine called " Pain- 
 KiUer " is asked for, the said medicine of the plaintiffs is 
 the article thereby intended, and the said medicine and 
 trade-mark stiU preserve their said high reputation and 
 value. 
 
 8. On the 22nd day of March, 1866, the plaintiffs caused 
 their said trade-mark of " Pain-Killer," as applied to their 
 said medicine, and the bottles, wrappers and packages con- 
 
PROCEEDINGS IN CHANCERY — BILLS. 47 
 
 taining the same, and used by them in manner aforesaid, 
 to be registered as a trade-mark by the Secretary of the 
 Board of Registration and Statistics, at the said Bureau, 
 in strict accordance and compliance with the Statute of 
 Canada, called "An Act to amend the Act respecting 
 trade-marks, and to provide for the registration of de- 
 signs," passed in the twenty-fourth year of the reign of 
 Her Majesty Queen Victoria, chapter 21, and have pro- 
 cured the certificate of such registration, in accordance 
 with the terms of said Act, and for gxeater certainty as to 
 the contents thereof, crave leave to refer thereto when 
 produced by the plaintiffs, and such registration remains 
 in full force and effect. 
 
 9. The defendant was and is well aware of the facts 
 and circumstances hereinbefore stated, but knowing the 
 value of the said medicine, and the value and reputation 
 of the said trade-mark, applied thereto in manner afore- 
 said, but intending to defraud the plaintiffs, and to violate 
 the provisions of the said Statute, and to enrich himself 
 at the plaintiffs' expense and deceive the public, has fraud- 
 ulently manufactured, used and put up, and sold in the 
 City of Hamilton, in Canada West, a certain compound or 
 medicine in colourable imitation of the plaintiffs', and 
 bottled the same, and stamped, affixed, printed and ap- 
 plied to the said bottles and wrappers thereof, the plain- 
 tiffs' said trade-mark " Pain-Killer," in imitation of the 
 said trade-mark of the plaintiffs, called " Pain-Killer," in 
 such a way and manner that the public are, by the said 
 fraudulent use of the plaintiffs' trade-mark, " Pain-KiUer," 
 deceived and led to purchase the articles so made by the 
 defendant instead of those so made by the plaintiffs, and 
 at lower prices than that of the plaintiffs', whereby the 
 plaintiffs are greatly injured in their trade, and the public 
 defrauded, and by reason of the premises the value of the 
 said trade-mark is greatly injured, and the defendant is 
 actively engaged in carrying on the said fraudulent use of 
 the plaintiffs' said trade-mark in the way and manner in 
 this paragraph set forth. 
 
 10. The plaintifi's are unable to discover when the 
 said defendant first commenced to use their said trade- 
 mark in the manner set forth in the next preceding 
 paragraph, but on learning the said facts in the autumn 
 of the year 1866, the plaintiffs sent their agent, W. L., to 
 warn the de^ dant to desist from his said conduct, and to 
 cease using the plaintiffs' said trade-mark. The said L. 
 then saw the said defendant at his place of business, in 
 Hamilton aforesaid, and gave him express notice of the 
 
48 FORMS AND PRECEDENTS OF 
 
 registration of the said trade-mark, as set forth in the 
 eighth paragraph of this Bill, and of all the other facts 
 hereinbefore setf orth, and requested him to desist from the 
 further use of the plaintiffs' said trade-mark, but, never- 
 theless, the said defendant fraudulently continues at his. 
 said place of business, in Hamilton aforesaid, and else- 
 where in Canada West, to use and apply the plaintiffs' 
 said trade-mark to his own medicines in the way and 
 manner hereinbefore mentioned, and thereby to deceive 
 the public, and does in manner aforesaid deceive the pub- 
 lic, and defraud the plaintiffs in manner aforesaid, and the 
 defendant by so doing obtains benefits and advantages 
 for himself in fraud of the plaintiffs, and the defendant is 
 now daily selling his said medicine by means of his said 
 fraudulent use of the said trade-mark applied thereto, and 
 the defendant threatens and intends to continue so doing, 
 and will do so unless restrained by the order and injunction 
 of this Honorable Court. 
 
 11. The defendant has a large quantity of his said 
 medicines put up and labelled, and marked in manner 
 aforesaid, with the said trade-mark of the plaintiffs, and 
 has offered the same for sale, and by means of the said 
 fraudulent use of the plaintiffs' said trade-mark, is daily 
 selling the same in fraud of the said rights of the plaintifts, 
 and to their injury. 
 
 The plaih tiffs pray as follows : — 
 
 1. That the defendant, his servants, agents and work- 
 
 men may be restrained by the order and injunc- 
 tion of this Honorable Court from the further 
 use of the plaintiffs' said trade-mark, "Paia- 
 Killer," and from printing, impressing or apply- 
 ing the same to any bottle or package of any 
 kind, containing medicine manufactured, sold or 
 put up by him, his servants, workmen or agents, 
 or applying the same to any wrapper, package, 
 parcel or other thing, or in any- other way using 
 or applying the said trade-mark or name of 
 " Pain-Killer," and that the medicine so put up 
 by the defendant, and fraudulently marked with 
 the trade-mark of the plaintiffs, as set forth in 
 the eleventh paragraph of the plaintiffs' Bill may 
 be destroyed. 
 
 2. That the defendant may bo ordered to pay the costs 
 
 of this suit. 
 
 3. That an account be taken of the profits in any- 
 
 wise directly or indirectly made by the de- 
 
PROCEEDINGS IN CHANCERY— BILLS. 49 
 
 fenclatit by the use of the said trade-mark of the 
 plaintiffs. 
 
 4. That such other accounts may be taken and orders 
 made, and relief granted, as the nature and cir- 
 cumstances and the Court shall require. 
 
 And the plaintiffs will ever prajr, &c. 
 
 E. M. 
 
 Plaintiffs Solicitor. 
 
 31. Bill to correct error in a deed and mortgage. 51. 
 
 Bill to correct 
 T ^, error in dea- 
 
 in Chancery. oription of 
 
 Between the Merchants' Bank of Canada, '""'^J ™ P^^^ 
 
 Plaintiffs, ''°'**'"'^'^''^" 
 and 
 
 E. G., J. B. M., C. G., G. W. B., C. A. 
 S., J. F., C. F., R. J. C, J. A. M., 
 and T. C S., Executrix and Execu- 
 tor of 0. T. M., H. McK., and A 
 K., Defendants 
 
 City of Hamilton 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of the Merchants' Bank of Ca- 
 nada. 
 Sheweth as follows : 
 
 1. In and prior to the year 1853, the defendant, H. 
 McK., was the owner in fee simple of a certain parcel of 
 land situate in the City of Hamilton, in the County of 
 Wentworth, described as follows, that is to say : {copy 
 description of land.) This property the said H. McK., 
 on the 1st June, 1853, sold to the defendants, G. W. B. 
 and C. A. S., for the sum of $1,375 ; no part of the said 
 money was to be paid down, the agreement being that 
 said H. McK. should convey the said lands to the defend- 
 ants, G. W. B. and C. A. S., who were upon such convey- 
 ance to mortgage the said lands in fee to the said H. McK., 
 to secure payment of the said sum of $l,37o, and interest 
 at the rate of six per cent., at the end of ten years from 
 the said 1st June, 1853, with interest payable yearly in 
 the interim. At the time of said sale the said parcel of 
 land was fenced in, a Tavern was built on part thereof, 
 and the whole of said land was used in connection with 
 the said Tavern and then in the occupation of a tenant, 
 and the said Lot surveyed and laid out into Town Lots, 
 and said H. McK. owned no other portion of said Lot 
 number . 
 
30 FORMS AND PRECEDENTS OF 
 
 2. In execution of the said agreement the said H. McK., 
 by Indenture dated 1st June, 1853, conveyed the said 
 lands, in fee simple, to said defendants, G. W. B., and C. 
 A. S., who immediately mortgaged the said lands Mi fee 
 to the said H. McK., to secure the payment of the sum of 
 $1,375, and interest at the times and in the manner here- 
 inbefore mentioned, the said mortgage bearing date on 1st 
 June, 1853, and being made by the said G. W. B. and C. 
 A. S., of the first part, E. the wife of said G. W. B., who 
 merely joined therein to bar her inchoate right to dower, 
 of the second part, and the said H. McK. of the third 
 part, and the said tenant of the said H. McK., by the 
 directions of the said H. McK., attorned to and became 
 the tenant of the said lands to the said G. W. B., and C. 
 A. S., in pursuance of the terms of the said sale. The 
 said deed of conveyance and mortgage of said lands were 
 prepared by the defendants, G W. B. and C. A. S., and said 
 lands were and are by mere error and inadvertence erron- 
 eously described in the said deed and mortgage, the des- 
 cription therein given being incorrect only so far as the 
 metes and bounds of the said parcel are concerned, the 
 said parcel being properly described as to the extent there- 
 of, and as to being a part of said original Township Lot 
 
 now a part of the City of Hamilton as aforesaid, but 
 
 the point of commencement of the metes and bounds of 
 said parcel and the courses of the boundaries thereof are 
 therein stated in these words, {copy description^ the 
 error in said description being that the position of the 
 post therein referred to is stated to be on the limits be- 
 tween lots 13 and 14, instead of on the limits between 
 lots 12 and 13, as the position of said post in fact is, and 
 said post in fact was at the time of making the said deed 
 and mortgage, and now is the north-west angle of King 
 and Wellington Streets aforesaid. The other courses of 
 the boundaries given in the description contained in the 
 said deed are wholly inapplicable to a parcel of land to 
 be contained within said boundaries as the parcel so de- 
 scribed would not from the relative positions of said orig- 
 inal Township lots 13 and 14, include any portion of 
 said original Township lot 13, beyond the imaginary line 
 forming the extreme west boundary of said lot 13. The 
 said G. W. B., C. A. S., and H. McK., at the time of the 
 execution of said deed and mortgage, believed that the 
 post referred to as on the limit between lots 13 and 14, 
 and being point of commencement was, in fact, the north- 
 west angle of King and Wellington Streets aforesaid, and 
 intended that|such angle should be the point of commence- 
 ment. 
 
PROCEEDINGS IN CHANCERY— BILLS. 51 
 
 3. The said H. McK., by an Indenture dated 2nd Jan- 
 uary, 1863, and made for valuable consideration between 
 the said H. McK., of the first part, and the Commercial 
 Bank of Canada of the second part, bargained, sold, as- 
 signed, transferred and set over to the said Commercial 
 Bank of Canada, their successors and assigns, the said In- 
 denture of Mortgage referred to in the second paragraph 
 hereof, together with the said sum of $1,375 and interest 
 thereon from 1st December, 1859, (all prior interest hav- 
 ing been paid,) and the said lands described in the iirst 
 paragraph hereof, but by error and inadvertence the said 
 lands were and are described in said Indenture of Assign- 
 ment in the same words as the same are described in the 
 said deed and mortgage, the error therein being of pre- 
 cisely the same nature as that set forth in the second para- 
 graph hereof, the description of the lands given in said 
 assignment being copied from that given in said mortgage, 
 without any knowledge of the error aforesaid. The es- 
 tate, rights and interest of the said Commercial Bank of 
 Canada in the said lands, mortgage, mortgage money, in- 
 terest and assignment, became, and were and are vested in 
 the plaintiffs, under and by virtue of an Indenture of 
 union, dated 27th February, 1868, made between the said 
 Commercial Bank of Canada and the Merchants' Bank, 
 whereby the property and effects of the said Banks be- 
 came amalgamated and vested in the plaintiffs, by their 
 said corporate name, under the provisions of the " Com- 
 mercial Bank Act, 1867." The said Indenture of union 
 has been duly published in the Official Gazettes, as re- 
 quired by the said Statute. 
 
 4. The defendants G. W. B. and C. A. S. sold a portion 
 of the said lands to R. R. W. and D. B. G., under whom 
 the defendants E. G., J. B. M., C, G.. G. W. B., as Executors 
 of A. C, R. J. C, J. A. M., and T. C. S., Executrix and 
 Executor of O. T. M. and A. K., respectively, claim Title. 
 The deeds of conveyance of the said portion sold to said 
 R. R. W. and D. B. G., describe the same correctly as be- 
 ing situated on the north-west corner of King and Wel- 
 lington Streets, and on such sales the said G. W. B. and 
 C. A. S. delivered possession of the portions so sold to 
 the said R. R. W. and D. B. G. 
 
 5. All the interest which accrued due upon the said 
 mortgage made by the said defendants B. and S., to the 
 defendant McK., up to and inclusive of the instalment of 
 interest which fell due on 1st December, 1859, has been 
 fuUy paid and satisfied, but no further sum has been paid 
 on account of interest, except by receipt of rents and 
 
52 FORMS AND PRECEDENTS OF 
 
 profits as hereinafter mentioned, and the whole amount of 
 principal thereby secured is now past due and wholly un- 
 paid and unsatisfied. 
 
 6. The said Commercial Bank of Canada took posses- 
 sion of a portion of the said lands as Mortgagees as afore- 
 said, on or about the 19th day of August, A. D. 1863, and 
 of the residue of said lands about the 16th day of Sep- 
 tember, 1864, and continued in possession thereof till the 
 time of the amalgamation of the said Bank with the 
 plaintiff's Bank hereinbefore mentioned, and the plaintiffs 
 are now in possession of said mortgaged lands. 
 
 7. The defendants, other than the defendant McK., are 
 entitled to the equity oi redemption of the said mortgaged 
 premises. The defendant G. W. B., as well in his own 
 individual interest as executor of the last will and testa- 
 ment of A. G, deceased, the said R. R. W. and D. B. G., 
 and all the said defendants had actual notice and know- 
 ledge of all the facts and circumstances hereinbefore set 
 forth before and at the time they severally acquired their 
 respective estates and interest in the said mortgaged 
 premises. 
 
 8. The plaintiffs have offered to the defendants, to join 
 in and execute a proper deed or proper deeds to correct 
 the said errors and requested the said defendants to join in 
 and execute the same or that said defendants, except said 
 H. McK., should pay off" the said mortgage, but the said 
 defendants neglect and refuse to comply with said request. 
 
 The plaintiffs pray as follows : 
 
 1. That the said deeds of conveyance and mort- 
 gage and assignment thereof, in the first and 
 second paragraphs of the Bill mentioned, may be 
 rectified by correcting the description of the lands 
 therein referred to so as to describe the said lands 
 as the same are described in the first paragraph 
 of said Bill ; and that the plaintiffs may be de- 
 clared mortgagees thereof, and entitled to have 
 a lien thereon for the said $1,375, and interest. 
 
 2. That the plaintiff's may be paid the said sum 
 of $1,37-5 and interest, and costs of this suit ; 
 and in default thereof, that the equity of redemp- 
 tion of the said mortgaged premises may be 
 foreclosed. 
 
 3. That for the purposes aforesaid, all other ne- 
 cessary directions ;may be given and accounts 
 taken ; and that the plaintiffs may have such fur- 
 ther and other relief as the nature of the case 
 
tives of the 
 lessor. 
 
 PROCEEDINGS I>f CHANCERY — BILLS. 53 
 
 requires, and to the Com-t shall seem meet. And 
 the plaintiffs will ever pray, fcc. 
 
 E. M., 
 Plaintiffs' Solicitor. 
 
 53. Bill to enforce covenants in building lease against 52. 
 
 representatives of lessor. cTvenantfo™ 
 
 buUdiug lease, 
 -I- ,^1 a^inst the per- 
 
 in L nancery, soaalrepresenta- 
 
 Between S.M Plaintiff," "' " 
 
 and 
 
 W. H., W. M. S. and C. S., his Wife, G. R. and M. 
 R, his Wife, J. B. and E, B. bis Wife, R. McE, 
 and C. McE., his Wife, J. T. and C. T. his Wife, 
 S. McD., G. B., J. B. and C. W Defendants. 
 
 City of Hamilton, 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of S. M. of the City of Hamilton, 
 Esquire. 
 Shewetb as follows : 
 
 1. P. H. in hi.s lifetime, of the City of Hamilton, Gen- 
 tleman, but now deceased, was the owner in fee simple, of 
 lot number one at the Northern corner of York and Hess 
 Streets, on the North side of York Street in the said City, 
 and while so seized by Indenture, dated the 20th day of 
 April, 1854, and made between the said P. H. and one J, 
 McC, the said P. H. demised and leased the said lot to 
 the said J. McC, his executors, administrators and assigns, 
 for the term of eight years from the date of said Inden 
 ture, at the yearly rent of $15, payable on the 20th day 
 April of each year during said term ; and it was further 
 declared and agreed by the said lease, that the said P. H., 
 his heirs, executors, administrators or assigns, at the expira- 
 tion of said term should pay or cause to be paid to the said 
 J. McC, his heirs, executors, administrators or assigns, the 
 value of any house or houses, and all other buildings and 
 improvements that the said J. McC, his heirs, executors, 
 administrators or assigns might, during the said term, 
 erect and put up on said premises after a valuation thereof 
 should have been made. 
 
 2. The said J. McC. took possession of the said lot under 
 the said lease, dui-ing the said term, and erected valuable 
 houses and buildings, and made valuable improvements 
 thereon, and afterwards and during said term, by inden- 
 ture dated the 4th day of June, 1857, made between said 
 J. McC. and one C. T., the said J. McC assigned the said 
 
54 FORMS AND PRECEDENTS OF 
 
 lease, covenants and agreements and said term, and his 
 right to the said buildings and improvements to the said 
 C. T., who also during said term erected valuable build- 
 ings and made valuable improvements thereon, and the 
 said C. T., by deed dated the 22nd day of December, 1862, 
 assigned to the plaintiff the said lease and the covenants 
 and provisoes therein contained, and his right to all the 
 said buildings and improvements, and to compensation 
 therefor. 
 
 3. The said P. H. died in August, 1855, having first duly 
 made and published his last Will and Testament, dated 
 the 17th day of July, 1855, and a Codicil thereto dated 
 the 30th day of July, 1855, both duly executed so as to 
 pass real estate in Upper Canada, whereby the said P. H. 
 did, amongst other things, devise and bequeath the said , 
 lot one to H. S., E. J. and J. K., who were the executors 
 named in his will in trust for the only benefit of R. B. (a 
 grandson of said P. H.), until he should attain the age of 
 thirty years, and then the residue to the said R. B. in fee 
 simple ; but if he should not attain the age of thirty years, 
 then in trust for the heirs of the body of the said R. B. in 
 fee simple, and in default of such issue, then in trust for 
 the right heirs of said P. H. By the said Will and Codi- 
 cil, the said P. H. gave a legacy of $100 to the defendant 
 G. B., a legacy of $ 100 to said J. B., also a legacy of $1,500 
 to the defendant S. McD., also a legacy of $200 to the 
 defendant C. W., the said P. H. also devised a certain lot 
 of land to his widow, R. H. in trust for the defendant C. 
 W., subject to certain conditions which have happened ; 
 the said P. H. also by his said Will made a certain provi- 
 sion for R. n. his "vvidow, and thereby directed that such 
 provision should be in lieu of the dower of said R. H. as 
 the widow of said P. H., and the said R. H. has accepted 
 such provision in lieu of said dower, and after devising 
 certain portions of his real estate respectively to his 
 daughters, the defendants C. S., M. R., E. B., S. McD., and 
 to his grandson the defendant W. H.,and his granddaugh- 
 ter the defendant C. T., and to the said H. S., E. J., and 
 J. K. in trust for said R. B. as aforesaid, and another por- 
 tion of said real estate to the Wesleyan Methodists ; the 
 ■ said P. fl. bequeathed and devised the whole of his per- 
 sonal estate, which exceeded $«0,000 in value, and the 
 residue of his real estate, and of all his property and effects 
 (after paying his debts and funeral expenses) to the said 
 H. S., E. J., and J. K. in trust to sell and convert into 
 money, and divide the whole thereof between and among 
 the said C. S., M. R., E. B., S. McD, W. H., C. T. and R. 
 
PROCEEDINGS IN CHANCERY — BILLS. 5& 
 
 B., for their own use in certain shares and portions therein 
 set forth, it being provided by the said Will, that on the 
 death of the said S. McD. her share should fall into said 
 residue and be equallj^ divided amongst the Testator's 
 surviving grand-children and children, as provided in re- 
 ference to the residue, and for greater certainty as to the 
 contents of the said Will, the plaintiff prays to refer thereto 
 when produced. 
 
 4. The said H. S., E. J. and J. K., duly proved the said 
 Will, and probate thereof was granted them by the proper 
 Court in that behalf whereby they became the legal per- 
 sonal repi'esentatives of said P. H. ; and afterwards, a suit 
 for the administration of the estate of said P. H. was duly 
 instituted in this Court in which the said C. S. by her next 
 friend, and the said W. H. were plaintiffs, and the said 
 executors (as such executors) and others were defendants, 
 and in which cause the whole of the estate of the said P. 
 H. was distributed under the order and direction of this 
 Court, and no part thereof now remains in the hands or 
 custody of the said H. S,, E. J. and J. K., or either of them 
 as such executors as aforesaid. The said devise to the 
 Wesleyan Methodists was declared void by the decree in 
 said suit, and the said P. H. died intestate as to the said 
 parcel of land devised to the said Wesleyan Methodists. 
 
 5. Neither the plaintiff, the said J. McC, nor C. T. 
 were parties to the said suit or the proceedings therein, or 
 had any notice or knowledge thereof, nor was the claim 
 for the said buildings or improvements, proved or pi'ove- 
 able in the said cause, or in any way adjudicated upon 
 therein. 
 
 6. The said R. B. died in the month of August, 18(57, a 
 bachelor under the age of 30 years, and intestate and in- 
 solvent, and no person has been appointed or is likely to 
 be appointed as his personal representative. 
 
 7. The said V. H. left him surviving, and his heir and 
 and heiresses-at-law, his grandson the said R. B. and his 
 granddaxighter the said C. T., and his daughter S. McD.,. 
 the wife of the defendant S. McD., and the defendants, C. 
 S., wife of the defendant W. M., S. M. R, wife of the de- 
 fendant G. R., E. B., wife of the defendant J. B., C. McE., 
 wife of the defendant R. McE., and no other child or child- 
 ren, or the issue or descendants of any deceased child or 
 children. The said S. McD survived the said P. H. a short 
 time, and then died intestate without issue, and she left 
 no personal estate or debts, and no person has been ap- 
 pointed, or is likely to be appointed as her personal repre- 
 sentative. The defendants G. B., J. B., and C. W., have 
 
56 FORMS AND PRECEDENTS OF 
 
 each received the said legacies to which they were respec- 
 tively entitled, and the said lot of land bequeathed to said 
 B. H. intrust for said C. W., has been conveyed to said C. 
 W., in accordance with the ternis of said devise, and the 
 said C. W. has since sold and disposed thereof, and neither 
 said G. B., J. B., or C. W., are entitled to, or have received 
 any other benefit under said will or codicil. The defend- 
 ants, G. -R, J. B., J. T., and W. M. S., have respectively 
 received, with the consent of their said wives, portions of 
 the real and personal estate of the said P. H. to which their 
 said wives were entitled respectively and the defendants 
 hereto, have under the terms of said will and codicil, re- 
 ceived all that they were entitled to respectively there- 
 under, and have now in their possession a large amount of 
 personal property, being a part of the residuary estate of 
 the said P. H., and a large amount of money, being also a 
 portion of the proceeds of the residuary personal estate of 
 the said P. H., and to an amount more than sufBcient to 
 satisfy the claim of the plaintiff for the said buildings and 
 improvements made under said lease, and the defendants 
 the said heiresses-at-law of P. H. and W. H., have also re- 
 ceived large sums of money, the proceeds of the said real 
 estate of the said P. H., and became entitled as heiresses 
 and devisees as aforesaid of said P. H., to other portions of 
 his said real estate of which they are still respectively the 
 owners, and which in value far exceeds the said claim of 
 the plaintiff, and the said lot so leased as aforesaid, is now 
 vested in the said heiresses-at-law of the said P. H., and 
 has not been in any way disposed of. 
 
 8. Neither the said plaintiff, nor the said J. McC, nor 
 the said C. T., have been paid for the said buildings and 
 improvements, or any part thereof, and the plaintiff 
 charges that he is entitled to be paid the value thereof, 
 with interest, under the said covenant of the said P. H., 
 contained in the said lease and that the real and per- 
 sonal estate of the said P. H. was liable to pay and 
 make good the same to the plaintiff, and that the defen- 
 dants are under the facts in the bill set forth now in re- 
 spect of their proportionate shares of the personal estate 
 of said P. H. received by them, liable to pay and make 
 good the same to the plaintiff, and for that purpose, to 
 refund proportionately a sufficient amount of the person- 
 al estate of the said P. H. ; and the plaintiff, before the 
 commencement of this suit, gave all the defendants hereto 
 notice in writing of the nature and effect of said lease and 
 the said facts relating thereto, requested the said defen. 
 dants to have said houses, buildings and improvements 
 
PEOCKEDINGS IV CHANCERY BILLS. 57 
 
 valued under the term of said lease, and asked the defen- 
 dants to appoint a valuator thereof on their behalf, offer- 
 ing to do the same on his behalf, and also to do and per- 
 form all other acts and things (if any) necessary to have 
 a valuation of said houses, buildings and improvements 
 made under the provisions of the said lease, and requested 
 the defendants, in manner aforesaid, to pay the plaintiff 
 the value of said buildings and improvements, and the 
 plaintiff thereby warned the defendants, that unless the 
 plaintift's claim for said houses, buildings and improve- 
 ments under said lease, was fairly adjusted and paid 
 within a reasonable period (which had long elapsed before 
 the commencement of this suit), the plaintiff would insti- 
 tute this suit for the purposes set forth in the prayer 
 hereinafter contained ; but the said defendants have paid 
 no attention whatever to the said demand, but on the con- 
 trary deny that the plaintiff has any claim whatever under 
 the said lease, and the defendant R. McE. insists that the 
 said lease is a forgery. 
 
 9. All the covenants and agreements contained in the 
 said lease, to be performed by the said J. McC, his heirs, 
 executors, administrators or assigns, have been fully kept 
 and performed so as to entitle the plaintiff to be paid for 
 the said buildings and improvements under the terms of 
 said lease, and the term created by the said lease, has 
 expired since the death of said P. H., and save the said 
 claim of the plaintiff, there is no debt or claim against the 
 said estate of said P. H., now unsettled or outstanding. 
 
 10. The defendants, G. B., J. B. and C. W., have re- 
 moved to some portion of the United States of America, 
 unknown to the plaintiff, and said defendants are now 
 permanently residing in the said United States, and they 
 have no means or property within the jurisdiction of this 
 Honorable Court. 
 
 The plaintiff prays as follows : 
 
 1. That an account may be ordered to be taken 
 of the amount to which the plaintiff is entitled 
 for the value of the houses, buildings, and all 
 other the improvements erected on the said lot, 
 by the said J. McC. and C. T. under the terms 
 of said lease, and that for that purpose a valua- 
 tion thereof may be made ; the plaintiff hereby 
 offering to do and perform all (if any) acts, 
 matters or things that may be necessary on his 
 part for that purpose ; and that the plaintiff may 
 be paid the amount so ascertained by the defen- 
 
58 FORMS AND PRECEDENTS OF 
 
 dants, and for that purpose that the said defen- 
 dants may be decreed to pay and refund to the 
 plaintiff a sufficient sum to make good the same 
 ratably and proportionally to their shares of 
 the personal estate of the said P. H. received 
 by them as aforesaid respectively. 
 
 2. That it may be declared that the real and 
 personal estate of the said P. H., was and is 
 liable to pay and make good to the plaintiff, the 
 amount to which he may be found entitled as 
 and for the value of said houses, buildings and 
 improvements aforesaid, under the account to 
 be taken as prayed for above, and that the said 
 amount may be paid out of the said personal 
 assets of the said P. H., but if the same shall be 
 insufficient for that purpose, then that the same 
 may be raised and paid out of the said real as- 
 sets and estate of the said P. H., and that the 
 said real estate so specifically devised and de- 
 scended, may be declared to remain assets of 
 the said P, H., in the hands of said devisees 
 and heirs respectively applicable" to pay the 
 said claim of the plaintiff as aforesaid, and 
 if the said defendants last named shall have 
 disposed of any part of the said real assets so 
 devised or descended as aforesaid, and there 
 shall not remain enough of said real estate 
 not disposed of to satisfy the said claim of the 
 plaintiff, then that the said defendants last 
 named, or such of them as shall have disposed 
 of the said real estate so devised or descended, 
 may be decreed to pay and refund to the plain- 
 tiff ratably and proportionally to their said 
 shares of the said real estate, a sufficient sum to 
 pay and discharge the said claim of the plaintiff. 
 
 3. That for the purposes aforesaid, and in 
 order to enable the plaintiff to be paid the 
 amount of his said claim, that all further direc- 
 tions and enquiries may be given, orders made 
 and" accounts taken that may be required. 
 
 4. That the plaintiff may be paid his costs of 
 this suit. 
 
 5. That the plaintiff may have such further 
 and other relief in the premises as the nature of 
 the case may require. 
 
 E. M. 
 Plaintiffs Solicitor. 
 
tained adminis- 
 tration of an 
 estate. 
 
 PROCEEDINGS IN CHANCERY — BILLS. 59 
 
 53. Bill for account against a defendant who has 53. 
 fraudulently obtained letters of administration, ^'^ntl^in^st 
 
 a defendant 
 T ^-^ who has frau- 
 
 In Chancery. duientiy ob- 
 
 Between— J. G. S Plaintiff, *"""" "■""' 
 
 and 
 C. P., M. C, his wife, A. G. and M. 
 B Defendants. 
 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery : 
 The BiLL of Complaint of J. G. S., of Temmelsdorf, m 
 
 the Grand Duchy of Saxony, Gentleman, 
 
 Sheweth as follows : 
 
 1. J. G. S. the son of the plaintiff, for some years pre- 
 vious to the year 1863, resided in the City of Hamilton 
 in Canada West, where he carried on the business of a 
 saloon keeper, and was in that year the owner in fee sim- 
 ple of a valuable brewery and several city lots in the 
 said City of Hamilton, and possessed of cash, moneys and 
 personal property to a large amount. 
 
 2. The defendant, M. C, lived with the said J. G. S. 
 .for several years, prior to and in the year 1863, and was 
 ^ n fact his mistress : the said J. G. S. being desirous to 
 Put an end to the said connection which had subsisted 
 between him and the defendant M. G, with that view 
 Prepared a document for the signature of the said defen- 
 dant M. G, acknowledging that she was his mistress, and 
 that such connection had been dissolved, and in order to 
 make a suitable' provision for the said M. G, and to pro- 
 cure her to execute said document, he then paid her the 
 sum of .51,500 in cash, and thereupon on the 13th day 
 of Jidy, 1863, such document was duly signed by both, 
 the said M. C, and the said J. G. S., and for greater 
 certainty as to the contents thereof, the plaintiff craves 
 leave to refer thereto when produced. 
 
 3. Immediately after the execution of the said docu- 
 ment, and payment of the said sum of $1,500 to the said 
 defendant, M. C. — that is to saj^ some time in the month 
 of July, 1863, the said J. G. S., left Hamilton to pay a 
 visit to the plaintiff, who then and still lived at Temmels- 
 dorf aforesaid, intending to stay there for some months, 
 and then return to his home, in Hamilton aforesaid. 
 
 4. The said J. G. S., agreed to allow the said defendant, 
 M. C, during his absence, to retain possession of his saloon 
 and furniture, and to carry on the business for her own 
 benefit, and the same are now in the possession of the- 
 said defendants, M. C. and C. P. 
 
60 FURMS AND PRECEDENTS OF 
 
 5. On the 13th day of July, 1863, immediately before 
 leaving Hamilton for his said intended journey, the said 
 J. C, S., deposited in the Bank of British North Amer- 
 ica, in Hamilton, the sum of $4,000 at interest, and re- 
 ceived from the Bank six deposit receipts therefor, each 
 of said receipts bearing date the 13th day of July, 1863, 
 two thereof being for the sum of $1,000 each, and the 
 other four for $500 each, bearing four per cent., interest 
 if allowed to remain for three months or beyond that 
 date : these receipts the said J. G. S., kept in his own 
 possession and took with him to Temmelsdorf aforesaid. 
 The said J. G. S., is described in the said receipts as " J. 
 G. S," by which name and also by the name of " J. S.," 
 the said J. G. S. was known in Hamilton. 
 
 6. The said J. G. S., while on his said visit at Temmels- 
 dorf aforesaid, died there on the llth day of March, 1864, 
 intestate, and a bachelor, leaving the plaintiff, his father, 
 him surviving, whereby the plaintiff became, and was, 
 and is enitled to, and the absolute owner of the whole 
 of the said real and personal estate of the said J. G. S., 
 and the said J. G. S., was not indebted in any sum what- 
 ever at the time of his decease. 
 
 7. The said defendant M. C, on hearing of the death of 
 the said J. G. S., fraudulently represented and pretended 
 that she was his lawful widow, and immediately applied 
 for administration to the estate of the said J. G. S., to the 
 Surrogate Court of the County of Wentworth, in Upper 
 Canada, in which County the said J. G. S. had his fixed 
 place of abode, and had left goods at the time of his death, 
 and thereupon such proceedings were had within the juris- 
 diction of the said Surrogate Court, that the Defendant, 
 M. G, was, on the 25th day of August, 1864, appointed 
 sole administratrix of the personal estate and effects of the 
 said J. G. S., and such grant has not been revoked. 
 
 8. In making application to the said Surrogate Court 
 for administration to the estate of the said J. G. S., the 
 defendant, M. G, falsely and fraudulently represented, 
 and swore that his personal estate was under the value of 
 $150, and procured two persons of little or no mea^s to 
 become surety to the extent of $300 for the due admistra- 
 tion of the said estate, and the said defendants, C. P. and 
 M. C. P. are in indigent circumstances. 
 
 9. It is the well known and established custom of the 
 said Bank in respect of Deposit Receipts, like that granted 
 to the said J. G. S., to pay the moneys therein mentioned, 
 only upon the production of said receipts, and on the per- 
 son applying for such payment being identified if not 
 
PROCEEDING.S IN CHANCliRY — BILLS. 61. 
 
 known to the said Bank, or their Managers for the time 
 being, and such rule is adopted for the protection of the 
 persons to whom such receipts are granted, and the said 
 deposits were made by said J. G. S., with the knowledge 
 of and in reliance upon such custom, and he, in order to 
 obtain and retain the benefit thereof, carefully retained 
 such receipts in his own possession, and had the same 
 with him in Temmelsdorf, aforesaid when he died, and 
 the same are now in possession of the plaintiff. 
 
 10. Upon the defendant, M. C, demanding from the 
 said Bank the said moneys, deposited therein by the said 
 J. G. S., the said Bank having regard to their said custom 
 and duty refused to pay the same to her until the said 
 receipts should be produced, whereupon the said defen- 
 dant, M. C, applied foj' advice to the defendants A. G. 
 and M. B , who are both men of some small means, and 
 said A. G., is brother of the defendant M. G, and the de- 
 fendant M. B., is a connection of the said defendant, M. 
 C., and the said defendant, M C, stated to them all the 
 facts and circumstances hereinbefore set forth, and asked 
 them to aid and assist her in so fraudulently obtaining 
 the said moneys, and offered them a share thereof for the 
 trouble and risk they would incur, the said defendants A. 
 G., and M. B., fraudulently agreed to assist the said de- 
 fendant, M. C, in her said fraudulent design, and accepted 
 the terms oiiered by said defendant, M. C., to share in 
 the way and manner hereinafter mentioned, the said 
 moneys so obtained from the said Bank : and in order to 
 induce the said Bank to pay said moneys to the defendant 
 M. C.,the said defendants, A. G.,M. B. and M. C., falsely 
 and fraudulently represented to the said Bank that the 
 said receipts were lost, and then offered to enter into a 
 Vjond to the said Bank, to secure the said Bank against 
 loss or damages by reason of their paying said moneys to 
 the said M. C., the said Bank agreed to accept such in- 
 demnity and pay over said money, and a Bond to secure 
 the said Bank from loss or damage by reason of the pay- 
 ment of said moneys to said M. C., was prepared and exe- 
 cuted by the said defendants M. C., A. G. and M. B., and 
 thereupon in the month of September, 1864, the said 
 moneys were paid over to the said defendant, M. C., by 
 the said Bank, and the said M. C, in pursuance of her 
 said agreement immediately handed over the same to the 
 defendants, M. B. and A. G., upon the trusts and for the- 
 purposes hereinafter mentioned. 
 
 11. Before anil at the time of the execution of the said 
 Bond, and of the payment of the said moneys by the said 
 
fi2 FORMS AND PRECEDENTS OF 
 
 Bank to the said defendant, M. C, and of the receipt of 
 said moneys by said defendants, A. G. and M. B. from said 
 M. C, the said defendants, A. G. and M. B. had actual 
 knowledge and notice that M. G. was not the wife or 
 widow of the said J. G. S., and that the said moneys were 
 the sole property of the plaintiff as such next-of-kin of the 
 said J. G. S., as hereinbefore mentioned, and of all the 
 other facts and circumstances hereinbefore set forth. 
 
 12. In pursuance of the said fraudulent arrangement, 
 the said defendants, A. G. and M. B., received the said 
 moneys from the defendant, M. C, upon the trust and un- 
 derstanding that they should retain the same in their own 
 hands, deal with, use and appropriate the same in some 
 way or manner for the benefit and advantage of the said 
 defendants, M. G, A. G- and M. B„ and fraudulently to 
 hinder and prevent the plaintiff from recovering or re- 
 ceiving the same. 
 
 13. The said moneys so received from the said Bank, are 
 invested in mortgages, promissory notes, and other instru- 
 ments and securities for moneys and lands, all whereof are 
 in the possession and under the control of the defendants, 
 but of the nature and particulars whereof the plaintiff is 
 wholly ignorant, and the said defendants threaten and in- 
 tend forthwith to dispose thereof, and convert the money 
 received therefrom to their own use, and for that purpose 
 have offered for sale several of the said securities, and have 
 pressed for payment of others thereof, and the said securi- 
 ties are taken, and stand in the names of the said defend- 
 ants or some of them, and are not stated ,to be held or 
 taken on account of said estate of the said J. G. S., de- 
 ceased, but appear on the face thereof to be the absolute 
 property of the defendants holding the same, or to whom 
 the same are made payable or transferred, and this plan 
 has been adopted by said defendants, with the fraudulent 
 purpose, intent, and design, of more easily disposing there- 
 of to their own use, and frustrating the plaintiff in any 
 endeavours to recover the same, and said defendants will 
 dispose thereof for their own use, unless prevented by the 
 order and injunction of this Honorable Court, and in 
 order that the said securities and personal estate of said 
 J. G. S., decesused, may be properly secured, collected and 
 got in, it will be necessary that some proper party be ap- 
 pointed as a receiver thereof 
 
 14. The said M. G, some time in the year 1865, inter- 
 married with the detendant, C. P., and the said C. P. has 
 acquiesced in, approved of and ratified the said dealings of 
 the said defendants, M. C, A. G. and M. B., with the said 
 
PROCEEDINGS IN CHANCERY — BILLS. 63 
 
 estate of the said J. G. S., and is aiding and assisting 
 them in their carrying out the design and purposes set 
 forth in the preceding paragraphs of this Bill. 
 
 The plaintiff therefore prays as follows : 
 
 1. That the personal estate of the said J. G. S- 
 maj' be wound up, and administered under the 
 order and direction of this Honorable Court. 
 
 2. That the said defendants may be directed to 
 bring in and deposit under oath in this Honora- 
 ble Court, all and singular, the said mortgages, 
 promissory notes and securities, in which the 
 said monej'S belonging to the said estate of the 
 said J. G. S., may now be invested, or which 
 have been purchased with the said moneys, and 
 if the said moneys be invested in lands that such 
 lands may be conveyed and dealt with in such 
 way and manner as this Honorable Court shall 
 direct in order to secure the |same, or if any of 
 said moneys be in the hands of said defendants, 
 that the same may be forthwith paid into 
 Court. 
 
 3. That the said defendants, and each of them, 
 may be restrained by the order and injunction 
 of this Honorable Court from further dealing or 
 intermeddhnginany way with the personal estate 
 of the said J. G. S. 
 
 4. That the defendants may be directed to paj- 
 the plaintiff's costs of this suit, and make good 
 to the said estate whatever moneys and effects 
 they have received on account thereof. 
 
 5. That a receiver of the said personal estate 
 may be appointed. 
 
 6. And that for the purposes aforesaid, all pro- 
 per accounts may betaken, and directions given. 
 
 7. And for such further and other relief as the 
 nature of the case shall require, and shall .•ieem 
 just. 
 
 8. And the plaintiff will ever pray, fee. 
 
 E. M., 
 Plaintiffs Solicitor. 
 
64 
 
 rOUMS AND PRECEDENTS OF 
 
 54. 
 
 Bill by judg- 
 ment creditor 
 to set aside 
 conveyance by 
 his debtor as 
 fraudulent, 
 under 13 and 
 27 Eliz., and 
 of Con. Stat. 
 of Canada, c. 
 
 54. Bill to set aside fraudulent conveyance by debtor. 
 
 In Chancery. 
 
 Between- 
 
 -M. B Plaintifl, 
 
 and 
 
 J. McC. and L. MoC Defendants. 
 
 Town of St. Catharines. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of M. B., of the Township of 
 Caistor, in the County of Lincoln, Spinster, 
 Sheweth : 
 
 1. That on the 2nd day of September, in the year 
 186H, your complainant commenced an action in Her 
 Majesty's Court of Common Pleas for Ontario, against the 
 above-named defendant, J. MeC, and on the 5th day of 
 November, in the year 1868, a verdict was rendered in 
 the said action in favour of the plaintiff for $325.00, and 
 on the 2nd day of January, in the year 1869, your com- 
 plainant recovered a judgment in the said action at law, 
 for the sum of $398.10. 
 
 1. That on the 2nd day of Januaiy aforesaid, your 
 complainant caused a writ of fieri facias against the 
 goods and chattels of the said defendant, J. McC., and also 
 a writ of fieri facias against the lands and tenements 
 of the said defendant, J. McC, to be issued upon the said 
 judgment, which writs of fieri facias were placed in the 
 hands of the Sherifi of the County of Lincoln, the County 
 wherein the said last named defendant resided, and the said 
 writ of fieri facias against the goods of the said last- 
 named defendant, has been returned by the said Sheriff 
 nulla bona, meaning that the said defendant, J. McC, had 
 not any goods or chattels in his bailiwick whereof he 
 could cause to be made the said judgment, or any part 
 thereof, and the said writ against the lands of the said 
 last-named defendant now remains in the hands of the 
 said Sheriff to be executed. 
 
 3. That the said judgment remains wholly due and un- 
 satisfied, and the defendants refuse to pay the same. 
 
 4. That at the time your complainant commenced her 
 said action at law, the said defendants were joint tenants 
 in and entitled to the equity of redemption in the foEow- 
 ing lands : {Describe the lands.). 
 
 5. That shortly before your complainant recovered 
 a* verdict in the said action at law, and on the 3rd 
 day of November, in the year 1868, the defendant, J. 
 McC, conveyed, or purported to convey, to the defen- 
 
PROCEEDINGS IN CHANCERY — BILLS. 65 
 
 daiit, L. McC, who is his brother, all the undivided in- 
 terest of him, the said defendant, J. McC, of, in, or to the 
 said land and premises, and the consideration expressed 
 in the said deed was the sum of ijooO.OO, which deed has 
 been registered in the Registr3' Office of the County of 
 Lincoln, and the same now appears in the books of regis- 
 try ill the said Registry Office. 
 
 6. Your complainant charges that although the convey- 
 ance in the lifth paragraph hereof purports to have been 
 made for the valuable consideration of S550.00, no con- 
 sideration in fact passed from the said defendant, L. McC, 
 to the defendant, J. McC, but the conveyance was simply 
 voluntary and void as against your complainant. 
 
 7. Your complainant further charges that the said deed 
 was and is fraudulent and void, as against your com- 
 plainant, the same having been made as aforesaid, for the 
 purpose of defeating and delaying your complainant, or of 
 preferring the said defendant, L. McC, and being in con- 
 travention of the provisions of Statutes passed in the 
 13th and 27th years of the reign of Her late Majesty 
 Queen Elizabeth, and of the Consolidated Statutes of 
 Upper Canada, chapter 26. 
 
 8. That since the making of the said deed, mentioned 
 in the fifth paragragh hereof, and up to the present time, 
 the said defendant, J. McC, has remained in the posses- 
 sion, use, and occupation of the said premises with his 
 brother, the said defendant, L. McC, the same as he did 
 prior to the said conveyance to his said brother, the de- 
 fendant, L. McC 
 
 9. The said Sheriff has been, and still is, prevented and 
 hindered by the said deed or conveyance from executing 
 the said writ against the lands of the said defendant, J. 
 McC, and unless the said deed is set aside your com- 
 plainant wUl be unable to obtain the fruits of her said 
 execution against the lands of the said last-named de- 
 fendant. 
 
 10. That for the reasons aforesaid, your complainant 
 submits that the said deed is fraudulent and void as 
 against your complainant, and ought to be set aside and 
 cancelled. 
 
 Your complainant therefore prays : 
 
 1. That the said deed made to the said defendant, L. 
 McC, by the defendant, J. McC, may be declared 
 to be fraudulent and void as against your com- 
 plainant, and may be set aside and ordered to be 
 delivered up to be cancelled, and that the regis- 
 5 
 
66 
 
 FORMS AifD PRECEDENTS OF 
 
 tration and registered duplicate thereof may in 
 like manner be ordered to be cancelled. 
 
 2. That the defendants may be ordered to pay your 
 
 complainant her costs of this suit. 
 
 3. That for the purposes aforesaid all proper direc- 
 
 tions may be given and accounts taken. 
 
 4. That your complainant may have such further 
 
 and other relief as to your Lordships may seem 
 meet. 
 And your complainant will ever pray {t). 
 
 55. 
 
 Bill to declare 
 a deed exe- 
 cuted by 
 plaintiff, while 
 an infant, 
 void, and for a 
 re-conyeyance. 
 
 55. Bill to avoid conveyance made by plaintiff while 
 au infa/nt. 
 
 In Chancery. 
 
 Between 
 
 .Plaintiff, 
 
 M.F.T.B 
 
 and 
 
 J.B., Defendant. 
 
 City of Kingston. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Complaint of M. F. T. B., of the City of 
 Kingston, spinster, 
 Sheweth as follows : — 
 
 1. One N.B., in his lifetime of the Town of OakvOle, 
 
 mariner, the plaintiff's father, died on or about the 
 
 day of July, A,D. 1852, the owner in fee simple to his 
 own use and in possession of that certain parcel of land 
 situate in the {describe land". 
 
 2. By his last will and testament duly executed as by 
 law is required for the effectual devise of real estate in 
 Ontario bearing date on or about the 21st day of June, 
 A.D., 1852, the said N.B. devised the said parcel of land 
 to his wife M. A. B. imtU the plaintiff should attain the 
 age of twenty-one years, or until his said wife should 
 marry again, in trust for the support and maintenance of 
 his said wife, and of the plaintiff until his said wife should 
 marry again or the plaintiff should attain the age of eigh- 
 teen years. 
 
 3. In and by his said will the said N.B. further direct- 
 ed that, in the event of his said wife marrying again, the 
 said parcel of land should be rented and managed by the 
 executors in the said will named for the plaintiff's benefit 
 and support in such manner as such executors should 
 think proper, and he thereby declared that the said parcel 
 
 (t) For other forms, see Nos. 46, 67. 
 
PROCEEDINGS IN CHANCERY — BILLS. 67 
 
 should become the sole property of the plaintiff in fee 
 simple when the plaintiflF should attain the age of eighteen 
 years. 
 
 4. The said N.B., shortly afterwards, made a codicil to 
 his said will, but he did not thereby or otherwise alter or 
 revoke the disposition hereinbefore stated of the said land 
 before his death. 
 
 5. The said M. A. B. married one P. H, in or about 
 the year 1853, and the plaintiff, who was then an infant 
 of the age of four years, lived with her mother and the 
 said P.H. thenceforth until the making of the conveyance 
 hereinafter mentioned, and afterwards. 
 
 6. The plaintiff attained the age of eighteen years on or 
 about the 3rd day of December, 1867, and in the month 
 of January following the said P.H. informed the plaintiff 
 that he had sold the said parcel of land to the defendant 
 and required the plaintiff and her mother to go to Hamil- 
 ton to meet the defendant to carry out the sale. 
 
 7. Thereupon and on or about the 6th day of January, 
 1868, the said P. H. brought the plaintiff and her mother 
 to Hamilton where the said P. H. and the defendant in- 
 duced the plaintiff and her mother to execute a convey- 
 ance of the said parcel of land to the defendant, and such 
 conveyance was accordingly in fact executed to the de- 
 fendant by the plaintiff and her said mother, and the same 
 was accordingly afterwards registered in the Registry 
 Office for the County of Wentworth by the defendant. 
 
 8. The plaintiff executed the said deed under the coer- 
 cion and at the request of the said P. H. and the defend- 
 ant, and she was then an infant under the age of twenty- 
 one years, and had no advice or assistance, and was igno- 
 ant of her rights in the premises. 
 
 9. The plaintiff received no benefit from the said sale 
 or from the purchase money, but the said P. H. received 
 the benefit thereof as was intended when the bar- 
 gain was made between the said P. H. and the defendant. 
 
 10. The defendant immediately after the execution of 
 the said conveyance entered into possession of the 
 said premises and has continued in possession thereof 
 and in the receipt of the rents and profits thereof ever 
 since. 
 
 11. The plaintiffs mother died in April, 1870, and the 
 plaintiff attained her age of twenty one years in the month 
 of December in the same year, and as soon after as she 
 was properly advised of her rights she repudiated the said 
 conveyance and notified the defendant that she did so, 
 
FORMS AND PRECEDENTS OF 
 
 and she refused to be bound thereby, or to ratify or con- 
 firm the same. 
 
 12. The registration of the said deed forms a cloud on 
 the plaintiffs title to the said parcel of land, and the 
 plaintiff applied to the defendant before suit to execute, 
 and tendered to him for that purpose a proper instrument 
 to remove such cloud ; but the defendant refused and still 
 refuses to execute any such instrument or to deliver up 
 possession to the plaintiff. 
 
 13. The defendant was weU aware, when he took the 
 said conveyance and entered into possession as aforesaid, 
 of the plaintift's infancy, and the plaintiff submits that 
 the defendant is accountable to her as a bailiff for the 
 rents and profits of the said parcel of land since he took 
 such possession. 
 
 14. The defendant threatens and intends to, and will, 
 unless restrained by the order and injunction of this 
 Honorable Court, alienate or encumber the said land and 
 commit^ waste thereon. 
 
 The plaintiff therefore prays as foUows : — 
 
 1. That the defendant may be ordered to execute 
 
 such instrument as may be necessary to remove 
 the cloud on the plaintiff's title caused by the 
 registration of the said conveyance, and to de- 
 liver the said conveyance to the plaintiff to be 
 cancelled. 
 
 2. That the defendant may also be ordered to account 
 
 for and to pay to the plaintiff the rents and pro- 
 fits of the same parcel of land since he entered 
 into possession or occupation thereof, and the 
 costs of this suit. 
 
 3. That in the meantime the defendant may be re- 
 
 strained from alienating or encumbering the 
 same, and from committing any waste or de- 
 struction thereon. 
 
 4. That for the purposes aforesaid all proper direc- 
 
 tions may be given and accounts taken, and 
 that the plaintiff may ha.ve such further and 
 other relief as to this Honorable Court shall 
 seem meet. 
 
 And the plaintiff will ever pray, &c. 
 
PROCEEDINGS IN CHANCERY — BILLS. 69 
 
 56. Bill to set aside conveyanee as fraudulent under 56. 
 
 insolvent Act. aside convayanoe 
 
 as fraudulent 
 Y r^^ and an evasion 
 
 In L hancery. of tlie insolvency 
 
 Between F. M. W. and A. McK Plaintiffs, 
 
 and 
 J. S., J. W. M and J. L Defendants. 
 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery : 
 The BiU of Complaint of F. M. W. and A. McK., both 
 of the City of Hamilton, in the County of Wentworth, 
 accountants. 
 Sheweth as follows : 
 
 1. R. J. H. and one M. D. for many years previous to 
 and in the year 1864, carried on business in Hamilton in 
 Canada West, as bankers and brokers under the style and 
 firm of " H. D. & Co." 
 
 2. Prior to and in the month of September, 1864, the 
 said firm had become and it then was insolvent, and has 
 since continued insolvent, and the joint estate was in- 
 adequate to the payment of the joint debts, and the 
 separate property and estate of the said R. J. H. was and 
 is inadequate to the payment of his separate debts, and 
 though the separate estate of the said M. D. was more 
 than adequate to the payment of his separate debts, yet 
 the surplus of the separate estate of said M. D. was inade- 
 quate to the payment of the deficiency between the 
 amount of the assets of the joint estate and the amount of 
 the joint debts. 
 
 3. In the month of August, 1864, one 0. recovered a 
 Judgment for a large sum against the said R. J. H. and 
 placed an execution in the hands of the Sheriff" of the 
 County of Wentworth thereon against the goods and chat- 
 tels of the said R. J. H., but the same was still in the hands 
 of the said Sheriff, wholly unsatisfied, on the 13th day of 
 September, 1864, and on and prior to the 13th day of Sep- 
 tember, 1864, there were a great number of actions pend- 
 ing against the said R. J. H., representing in the aggregate 
 over ten thousand dollars, to which actions the said R. J. 
 H. had no just defence and the said R J. H. was well 
 aware that Judgments could be obtained against him in 
 such actions upon or within a few days, after the 13th 
 day of September, 1864, and the said firm of H. D. & Co. 
 had stopped payment and suspended business and their 
 insolvency was public, and the defendant S. was prior to 
 
70 FORMS AND PRECEDENTS OF 
 
 and on the said 13th day of September, 1864, well aware 
 and had actual notice and knowledge of the said insol- 
 vency of the said R. J. IT. and of the said firm of H. D. & 
 Co., and of the recovery of said O.'s said Judgment, of the 
 pending of said actions against the said R. J. H. and that 
 said R. J. H. had no defence thereto and of the period 
 when Judgment could be entered, therein against him and 
 execution issued upon such Judgments, and both the said 
 R. J. H. and the defendant S. then were well aware that 
 proceedings had been taken and were then pending, under 
 the Insolvent Act of 1864, to place the estate of R. J. H. 
 and M. D. as partners as aforesaid and as individuals in 
 compulsory liquidation under the said Act. 
 
 5. Under these circumstances, the said R. J. H. fraudu- 
 lently desiring to evade the provisions of the said Insol- 
 vent Act, and to secure the administration of his estate 
 by a trustee of his own choosing and to fraudulently hin- 
 der, impede, obstruct and delay his creditors in their reme- 
 dies against him under the said Insolvent Act formed the 
 fraudulent design to accomplish his said objects by means of 
 an indenture by way of assignment of his estate and efiects 
 to be made otherwise than in the manner prescribed by 
 said Act to the defendant S., and to be expressed to be in 
 trust for the benefit of the creditors of the said R. J. H 
 
 6. In pursuance of the said fraudulent design and with 
 the intent, object and purpose aforesaid, on the 13th day 
 of September, 1864, an Indenture of Assignment for the 
 pretended benefit of creditors was made and executed by 
 the said R. J. H. to the said J. S., and by him accepted 
 and executed otherwise than in the manner prescribed by 
 said Act, dated the 13th day of September, 1864, com- 
 prising the whole of the estate and effects of the said R. 
 J. H., which said indenture is in the words and figures 
 following : "Know all men by these presents that I, R. 
 J. H., of the City of Hamilton, Esquire, do grant and as- 
 sign into J. S., of the same place, accountant, his heirs, 
 executors, administrators and assigns that certain Judg- 
 ment recovered by me against J. C. T. on the 25th day of 
 August last, for the sum of $13,387- 74, in Her Majesty's 
 Court of Queen's Bench for Upper Canada, and all mo- 
 neys hereby due thereunder made payable and all benefits 
 and advantages which I now have and may hereafter have, 
 and all other debts owing or accruing due to me. 
 
 " To have and to hold the same, unto the said J. S., his 
 executors, administrators and assigns. In trust for the 
 general benefit of the creditors of me, the said R. J. H. 
 
PROCEF,DINGS IN CHANCERY — BILLS. 71 
 
 pari passu and without any preference and priority ac- 
 cording to the provisions of Insolvent Act of 1864. 
 
 " Witness my hand and seal the 13 September, 1864. 
 
 " Signed, sealed and delivered I " T S 
 
 in presence of R A. L. j «rri' tV .> 
 
 7. The Judgment of H. versus T. in said Indenture of 
 Assignment referred to was and is in point of fact the 
 only asset of any nature or kind whatever of the estate of 
 said R. J. H. that was or is of any value whatever. 
 
 8. At the time of the making of the said Indenture of 
 Assignment, and of the acceptance thereof, by the defen- 
 dant S., the said defendant, had actual notice and know- 
 ledge of all the facts and circumstances set forth in all the 
 preceding paragraphs of this Bill. 
 
 9. Your orators submit that the said Indenture of As- 
 signment was and is void as against your orators under 
 the provisions of the Insolvent Act of 1864. 
 
 10. The said T. H. who executed the said pretended la- 
 denture of Assignment was at the time of the execution 
 thereof a creditor of the said R. J. H. and executed the 
 same as such but he has since ceased to be a creditor of 
 the said R. J. H. 
 
 11. The names of all the creditors of the said R. J. H., 
 individually and as a partner of the firm of H. D. & Co., 
 are unknown to your orators, but the number of such cre- 
 ditors of each class which are known to your orators are 
 very large, exceeding fifty in number of each class ; the 
 defendant, J. W. M., is a creditor of the said R J. H., in- 
 dividually, and the defendant, J. L., is a creditor of the 
 said R. J. H., as a partner of the firm of H. D. & Co. ; 
 your orators submit that the said defendants, J. W. M. 
 and J. L., sufficientlj^ represent the creditors of the said 
 R. J. H., who would be entitled to share in the 
 moneys to be realized under the said pretended assign- 
 ment. 
 
 12. The said J. S. has taken and retains possession of 
 the said Deed of Assignment and has under colour thereof 
 endeavoured to collect and get into his possession, and is 
 now endeavouring to collect and get into his possession 
 the moneys arising from the said Judgment in the said 
 assignment referred to, and has, with the object aforesaid, 
 in like manner demanded and is demanding the same from 
 the Sheriff of the County of Wentworth, and has also in like 
 manner attempted to collect or compromise other debts due 
 to the said R. J. H. at the time of making the said as- 
 
72 FORMS AND PRECEDENTS OF 
 
 signment, and in like manner has, with full notice and 
 knowledge of the appointment of your orators as-assignees 
 of the said R. J H., as set forth in the thirteenth paragraph 
 of this Bill obstructed and impeded, and is impeding and 
 obstructing, your orators, in the execution of their duties 
 as official assignees of the estate and effects of the said 
 R. J. H., and threatens and intends to and will receive 
 and collect the said debts and moneys and intermeddle 
 with the estate and effects of the R. J. H. unless re- 
 strained by the order and injunction of this Honorable 
 Court. 
 
 13. On the 1st day of October, A. D. 1864, a writ of 
 attachment was issued out of the County Court of the 
 County of Wentworth, under the Insolvent Act of 1864, 
 at the suit of G. L., against the said R. J. H. and M. D., as 
 partners and as individuals, and thereupon such proceed- 
 ings were duly had and taken against the said R. J. H. 
 and M. D under the provisions of said Act, that, at a 
 meeting of the creditors of said R. J. H. and M. D., holden 
 before the Judge of said Court at Hamilton, on the 10th 
 day of November, A. D. 1864, the plaintiffs were duly ap- 
 pointed the official assignees of the estate and effects of 
 the said R. J. H. and M. D., as such partners and as indi- 
 viduals, and the plaintiffs then became and were and now 
 are such official assignees of the whole of the separate estate 
 of the said R. J. H. and of the whole of the salid partner- 
 ship property and ot the individual property of the said R. 
 J. H., and the same became vested in the plaintiffs, as such 
 assignees, as aforesaid. 
 
 Your orators pray as follows : 
 
 1. That the said Indentuie of Assignment to 
 the defendant S. may be declared fraudulent and 
 void as against your orators, and that the same 
 may be delivered up to be cancelled. 
 
 2. And that the defendant S. may be ordered 
 to deliver up to your orators all deeds, books of 
 account, bills, notes, vouchers, moneys, docu- 
 ments, goods, effects and property, whatever be- 
 longing to the estate of the said R. J. H. which 
 have come to the possession or control of the said 
 defendant S. and retransfer and reassign the same 
 to, your orators. 
 
 i 3. And that the defendant S. may be restrained 
 
 by the order and injunction of this Honorable 
 Court from interfering or intermeddling with the 
 said Judgment of H. versus T. in the Bill men- 
 
PROCEEDINGS IN CHANCERY — BILLS. 73 
 
 tioned and from collecting the moneys thereby 
 secured, and from collecting any debts or moneys 
 due to the said K. J. H., or in any way dealing 
 with or disposing thereof and from impeding 
 your oratoi-s in the execution of their said duties 
 as such assignees of the estate and effects of the 
 said R. J. H. 
 
 4. And that the said S. may be ordered to ac- 
 count to yom- orators for aU moneys, securities, 
 goods, property or effects he may have received 
 under the said assignment, and pay and deliver 
 the same to your orators. 
 
 3. And that the defendants, or one of them, 
 may be directed to pay the costs of this suit. 
 
 6. That for the pui-poses aforesaid all proper 
 accounts may be taken and directions given that 
 may be necessary. 
 
 7. And for such further and other relief as the 
 nature of the case shall require and shall seem 
 just. 
 
 8. And your orators will ever pray, &c. (u) 
 
 37. Bill hy Assignee in Insolrcncy to set ashlc Fraudu- 57. 
 
 lent Conveyance hy Insolvent. AMime?To"l*'t 
 
 aside deed, as 
 T„ /-iv. fraudulent, anil 
 
 In Lhancery. void against or«- 
 
 Between— J. J. M Plaintiff (v) ■^"""•'■'"^ 
 
 and 
 D. V. S., R. M., H. C. and E. S., an 
 infant under the age of twenty-one 
 years Defendants. 
 
 City of Hamilton. 
 
 To the Honoui-able the Judges of the Court of Chancery. 
 
 The Bill of Complaint of J. J. M., of the Qty of Ham- 
 ilton, Accountant, the assignee of the estate and effects of 
 T. 0. S., under the provisions of the Insolvent Act of 1869. 
 Sheweth : 
 
 1. The said T. O. S. earned on business as a mei- 
 chant, at the Village of Princeton, in the County of Ox- 
 ford, preAaous to and on the 2nd day of March, A. D. 
 1871, and he was then indebted in the sum of $4,100 and 
 upwards to various unsecured business and other credi- 
 tors, and such debts still subsist, and are unpaid, and he 
 
 (u) See next form. 
 
 (d) In a bill of this kind bj an official assignee, the insolvent is not a proper party 
 defendant. See Bnvstead v. Whitmwe, 22 Grt. 22i Kerr v. Read, ib. 629. 
 
74 FORMS AND PRECEDENTS OF 
 
 was, and is now, also indebted in $2,500, secured by 
 mortgage on the farm then belonging to him hereinafter 
 mentioned. 
 
 2. In the said month of March, and for some time pre- 
 viously thereto, and at the time of the execution by him 
 of the Indenture of the 2nd March, A. D. 1871, herein- 
 after mentioned, the stock in trade, and all the property 
 and assets of the said T. 0. S., of every kind, except the 
 farm hereinafter particularly mentioned, did not exceed 
 in value the sum of $1,400, the said farm was of the 
 value of about $2,000 over and above aU incumbrances 
 by mortgage, and the said assets then were, and have 
 ever since remained, insufficient for the payment of the 
 debts of the said T. 0. S., and he then was insolvent 
 within the meaning of the Statutes relating to Insolvency 
 in force in this Province, and was then aware of said facts. 
 
 3. While the affairs of the said T. O. S. were in the 
 position hereinbefore stated, an Indenture, dated the 
 2nd March, A. D. 1871, expressed to be made between 
 the said T. 0. S. of the first part, and the defendantsj 
 R M. and H. C, therein described as both of the City of 
 Hamilton, in the County of Wentworth, Solicitors, of the 
 second part, was prepared, and the same was executed 
 by the said T.O.S.,R.M. and H.C. whereby, after reciting 
 that the said T. O. S. was desirous of making a provision 
 for the support and maintenance of his said wife during 
 her life, and the support, maintenance, and education of 
 their children, and that the said Indenture was made 
 for the said consideration, and the fiirther sum of $1, 
 the said T. 0. S. did convey unto the said defendants, 
 R? M. and H. C, hereafter called the Trustees in fee as 
 joint tenants his said farm, which is described as fol- 
 lows, that is to say {Describe the lands), upon Trust, to 
 collect and get in the rents thereof, and pay the same 
 to the said wife of the said T. 0. S., for the support of 
 herself and the said children during the life of the said 
 wife, and after his death to the duly appointed guardian 
 of the children till they shoidd respectively attain the 
 age of twenty-one years. But if the said wife should 
 live till the said children should attain the age of twenty- 
 one years, the said defendants, the Trustees, are em- 
 powered to pay such portion of the said rents to the said 
 defendant, D. V. S., as they shall see fit, and after the 
 death of the said D. V. S., but not before the youngest 
 child shall become of age, then, in trust, to sell the said 
 lands and divide the proceeds equally, or to divide the 
 
PROCEEDINGS IN CHANCERY — BILLS. 75 
 
 said lands equally, between the said childi-en, with power 
 to the said defendants, the Trustees, to make advances 
 for the education of any of the said children out of his or 
 her presumptive shai-e, it being declared by the said deed 
 that the share of any chUd or childi-en dying and leaving 
 issue, shall belong to such issue, but if any child or chil- 
 dren should die without issue, his or her share shall be 
 equally divided amongst the survivors ; and it is by said 
 Indenture further prbvided that the defendants, the Trus- 
 tees, may at any time sell the said lands, invest the pro- 
 ceeds thereof, and apply the income and proceeds in the 
 manner hereinbefore set forth, and that if the children of 
 the said T. O. S., by his said wife, should die without law- 
 ful issue, the said lands or proceeds thereof should, after 
 the death of the said D. V. S., revert and belong to the 
 said T. O. S. The said Indenture contains no covenant 
 or agreements of any kind from the said Trustees to the 
 said T. O. S., or from him to them. The said deed was 
 «xecuted upon the day of the date thereof, or within four 
 days thereafter ; the lands thereby conveyed formed by 
 far the largest part of the property of the said T. O. S., 
 and the residue of his property was insufficient for the 
 payment of his debts. 
 
 4. The defendants, the Trustees, before and at the time 
 of the execution of the said Indenture, knew that the de- 
 fendant was indebted in a sum exceeding SI, 000 in res- 
 pect of a private debt over and above all his business 
 debts, and that he had no property of any kind except the 
 ^aid farm and his stock in trade, and the assets of his said 
 business; and the said deed was executed hy the said 
 T. O. S. with intent to hinder, defeat and delay hiss 
 creditors in their remedies against him. 
 
 5. At the time of the execution of the said deed, several 
 of the debts then and still owing by the said T. O. S. 
 were past due, and he was without the means for pay- 
 ment thereof; and within a few days thereafter he called 
 a meeting of his creditors, and, failing to pay or satisfy 
 them, was served with a demand to execute an assign- 
 ment in Insolvency under the Insolvent Act of 1869, 
 whereupon he did on the 1st day of May, A.D. 1871, 
 voluntarily assign his estate and effects under the said 
 Act to J. McW., an official assignee duly appointed under 
 said Act, and resident in the said County of Oxford, as 
 the interim assignee of the said estate ; and subsequently 
 at the meeting of the creditors, duly called for the ap- 
 pointment of the assignee, and held on the ^.'h-d day of 
 
76 FORMS AND PRECEDENTS OF 
 
 May, A.D. 1871, the plaintiff was duly appointed the 
 assignee to the estate of the insolvent by the creditors, 
 who had duly proved their claims as provided by the said 
 Act, and thereupon the said J. McW. duly executed the 
 deed of transfer of said estate to the plaintiff, dated the 
 23rd day of May, A.D. 1871, and delivered over the said 
 estate to the plaintiff, who duly accepted the same. 
 
 6. The said T. 0. S. and the defendant D. V. S. had 
 been married over eleven years prior to the execution of 
 said Indenture, and had married without any settlement 
 or agreement for settlement whatever, and they had issue 
 of their said marriage three children, the eldest of whom 
 is under ten years of age — ^the defendant E. S. is the 
 eldest of such children — and the plaintiff submits pro- 
 perly represents the rest of said issue. The said E. S. 
 resides with the said D. V. S., at the Township of Salt- 
 fleet, in the County of Wentworth. 
 
 7. The said Indenture was made and executed as afore- 
 said, without any money or valuable consideration what- 
 ever, and hinders, defeats and delays the creditors of the 
 said T. 0. S., in their remedies against him and his estate ; 
 and the plaintiff submits that said Indenture is, under the 
 circumstances aforesaid, voluntary and fraudulent and 
 void as against the plaintiff as assignee as aforesaid, and 
 the creditors of said T. 0. S., under the provisions of the 
 several Statutes in that behalf, especially the Statute of 
 13 Elizabeth, chapter 5, and the Statutes of Canada, 
 known as the Insolvent Act of 1869, and the Indigent 
 Debtors' Act. 
 
 8. The defendants, the Trustees, are in receipt of the 
 rents and profits of the said farm, and have paid some 
 thereof to the said D. V. S., and have some thereof in 
 their hands. 
 
 The plaintiff prays as follows : 
 
 1. That the said Indenture of the 2nd day of March, 
 
 A.D. 1871, may be declared voluntary, fraudu- 
 lent and void as against the plaintiff as such 
 assignee as aforesaid, and the creditors of said 
 T. 0. S., and may be set aside accordingly. 
 
 2. That the plaintiff as such assignee as aforesaid. 
 
 may be declared to be entitled to the said lands, 
 and that the Trustees may be directed to pay 
 over to them all rents received or to be received 
 from the said premises. 
 
PKOCEEDINGS IN' CHANCERY — BILLS. 77 
 
 That the said defeudants, or some of them, may 
 
 be ordered to paj- the costs of this suit. 
 That all such other accounts may be taken and 
 
 directions given as may be necessary. 
 That the plaintiff may have such further and 
 
 other relief in this matter as the nature of the 
 
 case may require (v). 
 
 58. Bill by execution creditor to prevent waste. Biub^xecutioQ 
 
 creditor to 
 T , ,1 prevei^t waste. 
 
 In L hancerv. 
 
 Between— The C. B. of C Plaintiffs, 
 
 and 
 R. J. H., S. B. F., and M. O'R., 
 Defendants. 
 City of Hamilton. 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Complaint of the C. B. of C, the above 
 named Plnintiffs, a corporation duly incorporated under 
 the Statutes of this Province, 
 Sheweth as follows : 
 
 1. G. C. C. was in his lifetime the owner in fee simple 
 of a certain farm, known as the " C. farm," composed of 
 (describe the land). 
 
 2. The said G. C. C. died on or about the 24th day of 
 June, 18G4, having first made his will, the same being 
 contained in two instruments, the one dated the 19th day 
 of July, A. D. 1861, the other dated the 9th of September, 
 A. D. 1863, both duly executed and attested, so as to pass 
 real estate in Upper Canada, and by the first mentioned 
 of said instruments he appointed the defendant, M. O'R, 
 sole executor of his said will, and by the second thereof, 
 without revoking the appointment of said M. O'R. as 
 executor, as aforesaid, he devised the said lands unto the 
 defendants S. B. F. and R. J. H, as joint tenants, and to 
 the heirs and assigns of the survivor, in trust for the be- 
 nefit, use and advantage of A. H. H., during her natural 
 life, but in such manner that no husband of hers shall have 
 any control over the same, and after her death then to her 
 children, their heirs and assigns for ever, and in the event 
 of her death without children then living, then to the 
 use, benefit and advantage of J. M. and J. C. H., and upon 
 the condition that W.H., a son of the said R. J. H., should 
 not in any event take any advantage or benefit from any 
 of the foregoing trusts. 
 
 (d) For another form, see No. 66. 
 
78 FORMS AND PRECEDENTS OF 
 
 3. The defendant, M. O'R, has duly proved the said two 
 instruments as the wUl of the said G. C. C — probate 
 thereof has been granted to him as sole executor of said 
 will, in due form of law, by the Surrogate Court of the 
 County of Wentworth, the proper court in that behalf. 
 
 4. The defendants, S. B. F. and R. J. H., have accepted 
 the said trusts, under the said will, and have caused the 
 same to be registered in the proper Registry for lands in 
 the County of Halton. 
 
 5. The said G. C. C. was, in his lifetime, indebted to 
 the plaintiffs in a sum of $42,000, as indorser of two cer- 
 tain Bills of Exchange, held by the said Bank ; one there- 
 of for $40,000 made by the firm of H., D. & Company, 
 of which the defendant, R. J. H., was a partner, and on 
 which the defendant, S. B. F., was also an endorser ; the 
 other for $2,000, made by the defendant, R. J. H. On 
 this last mentioned note, the defendant, R. J. H., paid 
 $500, but failed to pay any portion of the residue of 
 either of said notes, and thereupon on the death of said 
 C, the plaintiffs, in due course of law, sued the de- 
 fendant, M. O'R, as executor of the last will and testa- 
 ment of the said G. C. C, in the Court of Queen's Bench, 
 to recover the said moneys, and thereupon the plaintiffs 
 duly recovered judgment in the said action, on the 7th 
 day of June, 1865, for $42,812.92 damages, and $28.55 
 costs, issued an execution thereon in due form of law 
 against the defendant, M. O'R, as such executor, as afore- 
 said, addressed to the Sheriff of the County of Went- 
 worth, commanding him to levy the said moneys of the 
 goods and chattels in his county, of the said G. C. C, in 
 the hands of said M. O'R., as such executor, as aforesaid, 
 to be administered, and to return the same in due form of 
 law. 
 
 6. The said Sheriff afterwards returned the said writ 
 with his return thereon endorsed to the effect that the 
 said defendant, M. O'R., as such Executor as aforesaid, 
 had no goods of the said G. C. C, in his hands, whereof 
 he could cause the Said moneys, or any part thereof, to be 
 levied, and thereupon a writ of execution was duly issued 
 by the plaintiffs, upon said judgment against the defend- 
 ant, M. O'R., as such executor as aforesaid, directed to the 
 Sheriff of the County of Halton, commanding him to 
 levy the said moneys and interest of the lands and tene- 
 ments in hi? county of the said G. C. C, in due course of 
 law, which said writ duly indorsed, was delivered to the 
 Sheriff of the County of Halton, for execution, on the 
 9th day of June, 1865, and your orators submit that they 
 
PROCEEDINGS IN CHANCERY — BILLS. 79 
 
 have thereby acquired a lien upon the said lands, and 
 the timber and trees thereon, and privileges and appur- 
 tenances thereto belonging and are entitled to have the 
 same applied in and towards payment thereof. 
 
 7. The said lands and another parcel of about 1 50 acres 
 devised by said C. to one H. E. F., form the whole of the 
 lands of the said late G. C. C, in the Countj^ of Halton, 
 and the whole thereof together are not worth the sum 
 of $15,000, and your complainants have no other security 
 for the said judgment debt except the said lands, and 
 a parcel of about 60 acres of land in the Township of East 
 Flamborough, in the County of Wentworth, worth not 
 more than $1,500, and which are levied on by a concurrent 
 writ against lands issued upon said judgment, and directed 
 to and placed in the hands of the Sheriff of the County 
 of Wentworth for execution, and the whole of the said 
 lands in the Counties of Wentworth and Halton form an 
 insufficient security for the payment of the said judg- 
 ment debt. The said firm of H., D. & Co., and said 
 R. J. H . have both become insolvent ; their estates are 
 wound up in insolvency, but it is as yet impossible to tell 
 accurately the amount of the dividend, but the same will 
 be exceedingly small, certainly under 25 cents on the 
 dollar: the plaintiffs recovered from the defendant, 
 S. B. F., who was an endorser on said note of $40,000, 
 the sum of S10,000, and save as aforesaid, your complain- 
 ants have not received, nor do they hold any security or 
 satisfaction whatever for the said judgment debt, interest 
 and costs, and the whole of said real properties of said C, 
 in the Counties of Wentworth and Halton, form a security 
 insufficient by at least $20,000 for the payment of the 
 said judgment debt of your complainants. 
 
 8. The lands mentioned in the first paragraph of this 
 BUI have always been used together as one property, and 
 known as the " C. Farm," of which about 180 acres are 
 cleared, and when the said writ against lands was placed 
 in the hands of the Sheriff of the County of Halton, as 
 .stated in the 6th paragraph of this BUI, there was a large 
 quantity of timber, trees, wood and underwood, and valu- 
 able fallen timber, growing, being and lying on the said 
 lands, of the value of at least $2,000. And the said pre- 
 mises would, if stripped of said timber, be much less 
 valuable as a farm, and less saleable, the said timber being 
 required for the purposes of fencing, fuel and building on 
 the said farm. 
 
 9. The defendant, R. J. H. has always acted, now acts, 
 and is acting on behalf of himself and the defendant S.B.F., 
 
80 FORMS AND PRECEDENTS OF 
 
 as Managing Trustees under said trusts contained in said 
 C.'s Will, and the said defendants, R. J. H. and S. B. F., 
 threaten and intend to commit waste on the said premises, 
 by cutting down, removing, selling, and disposing of the 
 whole of the timber, trees, wood, umlerwood and fallen 
 timber on the last said mentioned lands, and applying 
 the proceeds thereof for the purposes of the said trusts, 
 and the defendant, H., so acting as aforesaid, on behalf of 
 himself and the said S. B. F., has offered, and now is offer- 
 ing the same for sale, and has employed one W. C. to cut 
 and remove the said fallen timber, a great deal of which 
 is valuable for saw logs and fencing purposes, and has 
 thrown down fences on said lands to enable said 0. and 
 others the more easily to remove timber or wood fallen 
 thereon, and said C. has removed a large quantity of such 
 fallen timber : and unless restrained by the order and in- 
 junction of this Honorable Court, the said defendants, H, 
 and F., will cause the said lands to be wholly stripped of 
 said timber, trees, wood, underwood and fallen timber. 
 
 10. The defendant, M. O'R. objects to the said proceed- 
 ings of the defendants R. J. H. and S. B. F., and to any 
 waste whatever being committed on said farm. The said 
 S. B. F. in answer to enquiries in that behalf made by 
 your complainant denies all knowledge of the said acts of 
 the defendant R. J. H., but has in no way interfered to 
 prevent the same or expressed his dissent or disapproval 
 thereof, and the said R. J. H. has avoided the agent of 
 your complainant sent to notify him to desist from the 
 waste aforesaid. 
 
 11. The defendants, S. B. F. and R. J. H., have both 
 actual notice and knowledge of the fact of the recovery 
 of the said judgment by your complainants; the placing 
 of the said writs of execution in the hands of the Sheriff 
 of the County of Halton, and of every other fact and cir- 
 cumstance in this Bill set forth. 
 
 Your complainants therefore pray : 
 
 1. That the defendants, S. B. F. and R. J. H. 
 may be restrained by the order and injunction 
 of this Honorable Court, from committing such 
 waste as aforesaid, and from selling, or attempt- 
 ing to sell the said timber, and other trees stand- 
 i°& growing and being thereon, and from re- 
 moving the said fallen timber, and from commit- 
 ing any other waste, spoil or destruction on the 
 said premises, and may account for the waste 
 already committed. 
 
PROCEEDINGS IK CHANCERY — BILLS. 81 
 
 2. That the said defendants may be ordered to 
 pay your complainants the costs of this suit. 
 
 3. That for the purposes aforesaid all such other 
 accounts may be taken, enquiries made, and direc- 
 tions given, as the nature of the case may 
 require. 
 
 4. And for such further and other relief as the 
 natui-e of the case shall require and shall seem 
 just. 
 
 5. And your complainantvS will ever pray (tv). 
 
 59. Bill for specific perfot^mance of ivntten agreement 59. 
 
 for sale of land. BUI to enforce 
 
 •^ specific per- 
 
 formance of an 
 
 In Chancery. Xtri^d? 
 
 Between— A. S Plaintiff, 
 
 and 
 L. McC Defendant. 
 
 Town of Woodstock. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Complaint of A. S., of the Township of 
 
 St. Vincent, in the County of Grey, and Province of 
 
 Ontario, j'eoman, 
 Sheweth as follows : 
 
 1. That by an agreement dated the 14th day of January, 
 
 A.D., 1869, the above-named defendant agreed with your 
 complainant to sell to your complainant certain freehold 
 property therein described as all and singular (describe 
 the land), for the price or sum of $2850, payable in the 
 manner and on the dajs and times following : the sum of 
 SI. 200 to be paid on "the 1st day of March, AD 1869, 
 the sum of 81,260 to be paid on a mortgage on said lands 
 held bj' one W. H. P., and to be paid in accordance with 
 the conditions of said mortgage, and the remaining sum 
 of 8390 to be paid in three equal annual instalments of 
 8130, with interest on the same at the rate of six per 
 cent, per annum, as mentioned in said agreement, as 
 will thereby more fully appear, and to which, when pro- 
 duced, the plaintiff craves leave to refer. 
 
 2. That by the said agreement the defendant agreed to 
 give the plaintift a good and sufficient deed of the said 
 land in fee simple with usual covenants of warranty, and 
 freed and discharged of aU dower and incumbrances. 
 
 (u>) For simpler forms, see Nos. 35, 36. 
 
 6 
 
82 FORMS AND PRECEDENTS OF 
 
 3. That on the 28th day of January, A.D. 1869, the 
 plaintiff, in consideration of the said agreement, and rely- 
 ing upon the same, and upon the defendant's fulfilling his 
 part thereof, paid to the said defendant the sum of $200 
 on account of said purchase money of the said land. 
 
 4). That on the 1st day of March, A.D. 1869, your com- 
 plainant went to the defendant and tendered to him the 
 sum of $1,000, being the balance of said cash payment of 
 $1,200, and requested the defendant to fulfil his part of 
 said agreement, the plaintiff offering to do all things 
 necessary on his part to carry out said agreement, but the 
 defendant refused to accept the said sum of $1,000 and re- 
 fused to carry out said agreement, or to convey said land 
 to the plaintiff. 
 
 5. That by the said agreement the plaintiff and defend- 
 ant mutually agreed that if either of them should fail to 
 perform the conditions required of them thereby, the 
 party so failing should forfeit and pay to the other party 
 the sum of $400. 
 
 6. That on or about the 11th day of March, A.D. 1869, 
 the plaintiff again went to the defendant and tendered to 
 the defendant the sum of $1,000, and also tendered 
 to the defendant a deed in duplicate, in proper form, for 
 execution (which the plaintiff" craves leave to refer to 
 when produced to this Honorable Court), and desired the 
 defendant to perform the said agreement, and execute the 
 said deed or conveyance, but the defendant again refused, 
 and stiU refuses to execute said deed, or to carry out his 
 part of said agreement. 
 
 7. The plaintiff claims that he is entitled to a specific 
 performance of said agreement on the part of the defend- 
 ant, hereby offering to do all things necessary on his part 
 to be done in the premises, or that in default of such 
 specific performance, he is entitled to receive from the de- 
 fendant the said sum of $400, and also to be repaid the 
 sum of $200 (and interest thereon) paid by him as 
 aforesaid to the defendant on account of said purchase 
 money. 
 
 The plaintiff, therefore, prays as follows : 
 
 1. That the said contract or agreement may be speci- 
 fically performed by the said L. McC, the plain- 
 tiff being ready and willing, and hereby offering 
 to perform the same in all respects upon his part, 
 or that in default of the said L. McC. performing 
 same, that plaintiff may be paid the said sum of 
 $400, and also the sum of $200 paid by him as 
 aforesaid with interest. ' 
 
PROCEEDINGS IN CHANCERY — BILLS. 83- 
 
 2. That the said sums of $400 and $200 may be de- 
 
 clared to be a lien upon the said lands. 
 
 3. That the said land ma_y be sold, and the proceeds 
 
 applied in payment of the said two sums of 
 money. 
 
 4i. That the plaintiff may have such further and 
 other relief as the nature of the case may re- 
 quire, and as to your Lordships may seem 
 meet. 
 
 And your complainant will ever pray, (x) 
 
 60. Bill for administration and partition. 60. 
 
 Bill for adminis- 
 _ ^_ tration and 
 
 In Chancery. pivrtition. 
 
 Between — I. C. S., an Infant under the age of 
 twenty-one years, by W. W. W., his 
 
 next friend, Plaintiff, 
 
 and 
 J. P., R P., E. P. S., H. C. and T. C, 
 
 Defendants. 
 
 City of Hamilton. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The BiU of Complaint of I. C. S., of the Town of Lo- 
 well, Kent County, in the State of Michigan, an infant 
 under the age of twenty-one years, by W. W. W., of the 
 City of Hamilton, his next friend. 
 Humbly sheweth : 
 
 1. That A. C, late of the Township of Saltfleet, in the 
 County of Wentworth, yeoman, was, in his lifetime and 
 at the time of his death, hereinafter mentioned, seized in 
 fee simple or otherwise well and sufficiently entitled to 
 the following lands and premises, that is to say : {iTisert 
 description of lands.) 
 
 2. Being so seized, the said A. C. died on or about the 
 15th day of April. A. D. 1853, without having made any 
 last will or testament. 
 
 3. The .said A. C. left him surviving his widow, the de- 
 fendant, R. P., and the following children: — I. C, who 
 resides in Kent County, in the State of Michigan ; M. A., 
 wife of the defendant, P. A., who resides in the Town- 
 ship of Caradoc, in the Coimty of Middlesex ; D. G., who 
 married one R. G., in the year 1855 : B, S., wife of the 
 defendant, E. P. S., of Kent County, in the State of Miclii- 
 gan ; S. A., wife of J. A., of the Township of Cascade, in 
 the County of Kent, in the State of Michigan ; J. G, wife 
 
 {».) For another Form, see No. 33. 
 
84 FORMS AND PB.ECBDENTS OF 
 
 of C. C, of the Township of Saltfleet, in the County of 
 Wentworth ; and the defendants H. C. and T. C, also of 
 the said Township of Saltfleet. 
 
 4. The said R. G. died six or seven years ago. The said 
 B. S. died about thirteen years ago, intestate, and leaving 
 her surviving, her husband, the defendant E. P. S., and 
 her son, your complainant herein. 
 
 5. The defendant E,. P. married the defendant, J. P. in 
 the fall of the year 1854. 
 
 6. The defendant R. P. is entitled to dower in the said 
 lands. 
 
 7. By Quit-claim deed, bearing date the 30th day of 
 January A. D. 1861, and registered on the 11th day of 
 March, A. D. 1868, the said I. C. released unto the said 
 J. P. and R. P., all his right, title and interest in the said 
 lands. 
 
 8. By another deed bearing date the 13th day of De- 
 cember, A. D. 1869, and registered on the 4th day of Jan- 
 uary, A. D. 1870, the said S. A. and J. A., released unto 
 the said J. P. and R. P. all their right, title and interest in 
 the said lands. 
 
 9. By a certain other Indenture bearing date the 29th 
 day of July, A. D. 1869, and registered the 31st day of 
 July, A. D. 1869, the said D. G. conveyed all her right, 
 title and interest in the said lands to the said J. P. and 
 R. P. 
 
 10. By a certain other Indenture bearing date the 29 th 
 day of October, 1869, and registered the same day, the 
 said M. A. and P. A. conveyed all their right, title, and in- 
 terest in the said lands to the said J. P. and R. P. 
 
 11. By virtue of the several Indentures in the four last 
 paragraphs mentioned, the said J. P. and R. P. are joint 
 owners in fee simple of four undivided one-eighth shares 
 or interest in the said realty. 
 
 12. By deed of Bargain and Sale bearing date the 19th 
 day of May, 1870, and registered on the following day, 
 the said J. C. and C. C. granted and conveyed all their 
 right, title and interest in the said lands to the said H. C. 
 
 13. By Indenture of Bargain and Sale by way of Mort- 
 gage, bearing date the 19th day of May, and registered 
 on the same day, the said H. C. mortgaged all his inter- 
 est in the said lands to the said J. P. and R. P., for secur- 
 ing the sum of $700 and interest thereon. 
 
 14. By virtue of the Indentures in the two last para- 
 graphs mentioned, the said H. C. is owner in fee simple of 
 two undivided one-eighth shares, or interest in the said 
 lands subject to the Mortgage aforesaid. 
 
PROCEEDINGS IN CHANCERY — BILLS. 85 
 
 15. The said T. C. is entitled to an undivided one-eighth 
 share or interest in the said realty, and your complainant 
 is entitled to the remaining one-eighth share, subject to 
 the life interest of his father, the defendant, E. P. S. as 
 tenant by the curtesy (y). 
 
 16. Your complainant is desirous that the said lands 
 and premises be partitioned amongst the several parties 
 entitled thereto, under the statutes of this Province, or if 
 the sale thereof should on the whole be considered by this 
 Honorable Court more advantageous to the parties inter- 
 ested, that the sale thereof should be made accordingly 
 and the proceeds thereof distributed among the parties 
 entitled thereto. 
 
 1 7. The said A. C. died possessed also of personal estate 
 of or about the value of $1,000. 
 
 18. By letters of administration bearing date the 6th 
 day of August, A. D, 1853, the defenant R P., was by the 
 proper court in that behalf appointed administratrix of all 
 and singular, the personal estate and effects, rights and 
 credits of the said A. C. 
 
 19. After the death of the said A. C. the said R. P. re- 
 mained in possession of the said lands and premises and 
 of the said goods, chattels and effects, until her marriage 
 with the said defendant J. P., since which time they have 
 been jointly in possession of the whole of the said estates. 
 
 20. Your complainant and some of the defendants 
 have repeatedly applied to the defendant R. P. for an ac- 
 count of the said personal estate, and a distribution there- 
 of, and both to her and the said J. P. for an account of the 
 rents and profits of the said realty, but they absolutely 
 refuse to render or furnish any account thereof, or to allow 
 your complainant or the other parties interested therein, 
 anything whatever for the use and occupation of the said 
 premises since the death of the said A. C. 
 
 21. The said J. P. has committed waste upon the said 
 lands and premises, by cutting down and removing there- 
 from and selling large quantities of pine and hardwood 
 timber growing and being thereon ; the proceeds of which 
 he has applied to his own use. 
 
 22. Your complainant is desirous that the personal 
 estate of the said A. C. should be administered under the 
 guidance and direction of this Honorable Court ; that an 
 occupation rent of the said premises from the date of the 
 death of the said A. C. should be fixed and the defend- 
 ants R. P. and J. P. charged therewith ; and that the said 
 
 (y) See now 35 Vic. c. 16. s. 1 (0.) 
 
86 FOKMS AND PRECEDENTS OF 
 
 J. P. should be charged with the timber converted to his 
 own use as aforesaid. 
 
 Your complainant therefore prays : — 
 
 1. That the personal estate of the said A. C. 
 may be administered under the directionof this 
 Honorable Court. 
 
 2. That an enquiry as to what would be a fair 
 occupation rent of the said lands and premises 
 may be ordered, and the defendants R. P. and 
 J. P. may be charged with the same from the 
 time they have been in possession ; and that the 
 said J. P. may be ordered to account for all 
 timber that he has removed as aforesaid. 
 
 3. That a partition of the said reality and an 
 allotment of the several shares thereof, may be 
 made between your complainant and the other 
 parties interested therein. 
 
 4. Or if a sale be considered on the whole more 
 advantageous, that a sale thereof may be ordered 
 accordingly, and the proceeds thereof distributed 
 among the parties entitled thereto. 
 
 5. That the dower of the said R. P. may be 
 assigned to hei", or in the event of her consent 
 ing thereto, that an allowance in lieu of such 
 dower may be fixed under the direction of this 
 Honorable Court. 
 
 6. That all necessary accounts may be taken 
 and inquiries made. 
 
 7. That your complainant may have such fur- 
 ther and other relief as to your Lordships may 
 seem meet. 
 
 And your complainant will ever pray, &c. 
 
 o „ . ®V 6*- I^m for alimony. 
 
 Bill for alimony. -^ ^ 
 
 In Chancery. 
 
 E— A Plaintiff, 
 
 and 
 S. — A Defendant- 
 City of Hamilton. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Coniplaint of E. A., late of the Township of 
 , in the County of , now of the Town- 
 ship of , in the County of , wife of S. 
 
 A., the above-named defendant, 
 Showeth as follows : 
 
PROCEEDINGS IN CHANCERY — BILLS. 87 
 
 1. The plaintiff was married to the defendant in the 
 month of Decem&er, A.D. 1856, and they shortly after 
 their marriage took up their residence on a farm in the 
 
 said Township of , where they have till lately 
 
 continued to reside as man and wife. 
 
 2. In a very short time after their said marriage, the de- 
 fendant began to exhibit a very bad temper, and disposi- 
 tion towards your complainant, and has continued to do 
 so, until she was compelled to leave him as hereafter 
 stated. 
 
 3. The defendant during all this time has been in the 
 habit of using intoxicating drinks and has been frequent- 
 ly so much under their influence as to become very abusive 
 in his language to your complainant, and this has occurred 
 so often that her life with him, during all the period 
 above mentioned, has, from this cause alone, been one of 
 constant unpleasantness and apprehension — quite irres- 
 pective of the personal violence used by him towards her, 
 hereafter particularly mentioned. 
 
 4. During this period the defendant has frequentty struck 
 your complainant ; and has pulled her violently by the 
 hair and otherwise aa«saulted her in so gross a manner as 
 to compel her on several occasions to escape from him 
 either by locking herself in a room, or by leaving the 
 house and hiding in the adjoining premises. 
 
 0. The low, scurrilous abuse which the defendant has, 
 during the sixteen years of their married lite, heaped on 
 your complainant, interspersed with the personal violence 
 he has used towards her, your complainant has (until re- 
 cently) borne with — being unwilling to expose these un- 
 happy private relations to the public, and hoping that 
 time would produce a favourable change ; but her forbear- 
 ance has brought no improvement in the conduct of the 
 defenda"t towards her. 
 
 6. Among the numerous instances of gross personal 
 violence inflicted on your complainant by the defendant, 
 she avers that, about five years ago the defendant vio- 
 lently expelled your complainant from his house, and 
 about three years ago his abuse and threats of violence to 
 her were so great that she in fear of her life locked herself 
 in her room in order to be secure against his approach. 
 On New Year's day A.D. 1868, the defendant choked 
 your complainant. In the fall of the year 1869, he 
 caught her by the hair and brutally dragged her around 
 the cellar of his house, causing such apprehensions for 
 her life that she barred herself in a room to prevent the 
 infliction of further violence. In the month of March 
 
88 FORMS AND PRECEDENTS OF 
 
 A.D. 1870, he so violently struck and bruised her, that 
 she feared he would take her life, and o# the 25th of May 
 last, he threw at her and broke upon her head and face a 
 number of eggs ; and choked her by the throat until she 
 feared he would strangle her {z). 
 
 7. During all this period your complainant has dis- 
 charged all the duties of a wife to the defendant, and she 
 has by her exertions contributed in a great degree to the 
 accumulation of the property which he now owns, consist- 
 ing of a good and well-stocked farm with comfortable 
 house and out-buildings being lot No. — , in the First Con- 
 cession of the said Township of , worth about $4,000, 
 
 and money out at interest and other personalty worth 
 about $6,000 more. 
 
 8. Your complainant has never had any children by the 
 defendant, and neither he nor she had any family before 
 they were married. 
 
 9. Your complainant, in consequence solely of the con- 
 stant abusive and violent conduct of the defendant as 
 above detailed, and from the apprehension that her life is 
 at no moment safe while living with the defendant, left 
 his house and premises on the 7th day of June, A. D. 
 1872: 
 
 10. Your complainant has no means of living except- 
 ing by her daily labour, and unless relief be afforded by 
 this Honorable Court, she will be reduced to great dis- 
 tress. 
 
 1. Your complainant, therefore, prays that she 
 may be declared entitled to alimony from tlie 
 defendant (and also to interim alimony) suffi- 
 cient under the circumstances ; and that he 
 may be decreed to pay the same to her, and 
 that he may be ordered to pay the costs of this 
 suit. 
 
 2. And that your complainant may have such 
 further and other relief in the premises as the cir- 
 cumstances of the case may require ; and that for 
 that purpose all necessary directions may be 
 given and accounts taken. 
 
 3. And the plaintiff will ever pray, &c. (a) 
 
 (z) The several acts of violence or ocher misconduct of Defendaat intended to_ be 
 proved at the hearing, must be specifically set forth in the bill with specific allegations 
 as to times and places ; a slight variance however, between a date alleged and proved, 
 would not be fatal to plaintifTs right to prove the act complained of : Rodman vs. 
 Rodman, 20 Gt. 429. 
 
 {a) For notice of claim fnr intermi alimony to be indorsed on office copy of bill. See 
 post No. 179. 
 
PROCEEDINGS [N CHANCERY— BILLS. 89 
 
 63. Bill of intei'pleader and for injunction to restrain 62 
 
 actvy>i at law. f^.rZ\o 
 
 restrain threat- 
 In Chancery. ened actions at 
 
 Between A. B Plaintiff 
 
 and 
 C. D. and E. F Defendants. 
 
 City of Toronto, 
 
 To the Honorable the Judges of the Court of Chan- 
 cery : 
 
 The Bill of Complaint of A. B., &c. (as in form No. 
 •29.) 
 Sheweth as follows : 
 
 1. On the 5th day of June, 1871, the plaintiff contract- 
 ed and agreed, in writing, with one Y. Z. to purchase from 
 him a certain lot of land, known as lot No. {describing it) 
 for the sum of 8-5,000 ; ten per cent, of which sum the 
 plaintiff paid to the said Y. Z. on the said oth day of 
 June, 1871, and the balance thereof he agreed to pay to 
 the said Y. Z. on the oth day of September, 1871. 
 
 2. On the 1st day of July, l!S71, the said Y. Z. became 
 insolvent and made an assignment of his estate and effects 
 to the defendant, C. D., under the provisions of the Insol- 
 vent Act of 1869, and the said C. D. duly accepted the 
 said assignment, and now claims to be the assignee in 
 insolvency of the said Y. Z. 
 
 3. On the 5th day of July, 1871, the said Y. Z., by deed 
 granted, assigned and transferred unto the said E. F. the 
 said lands and all his estate and interest therein, subject 
 to the contract he had entered into with the plaintiff as 
 aforesaid, and also all his the said Y. Z.'s interest in the 
 balance of the purchase money payable by the plaintiff, 
 which assignment the defendant, C. D., alleges is null and 
 void, but which assignment the said E. F. maintains is 
 valid and effectual, notwithstanding the said assignment 
 of the 1st day of July, 1871, to the said C. D., because 
 the said E. F. alleges that the said Y. Z. was not, at the 
 time of the execution of the said last mentioned assign- 
 ment, a trader, or capable of making any assignment 
 under the provisions of the said Insolvent Act. 
 
 4. The defendants each claim that they are entitled 
 to the balance of the said purchase-money, and they 
 have both served upon the plaintiff notice in writing 
 of their respective claims, and demanded payment of the 
 said moneys (which now amount with interest to the sum 
 of $4,520), and each of the said defendants have forbidden 
 
90 FORMS AND PRECEDENTS OF 
 
 the plaintiff to pay the said moneys to the other of them. 
 
 5. The said defendants have lately threatened to com- 
 mence actions against the plaintiff to recover the said 
 balance of purchase-money, but no proceedings have yet 
 been taken. 
 
 6. The plaintiff submits that the defendants ought to 
 interplead between themselves, the plaintiff hereby oflfer- 
 ing to pay the said sum of $4,520 into Court. 
 
 The plaintiff prays as follows : 
 
 1. That the defendants may be decreed to in- 
 terplead and settle between themselves their 
 rights in respect of the said balance of purchase- 
 money, the plaintiff hereby offering to pay the 
 same as this Honorable Court shall direct. 
 
 2. That the defendants may be restrained 
 from commencing or prosecuting an}'- action at 
 law or other legal proceedings against the plain- 
 tiff for the recovery of the said moneys. 
 
 3. That the defendant who may be found en- 
 titled to the said balance of purchase-moneys 
 may be ordered, upon payment of the same by 
 the plaintiff, to convey the said premises to the 
 plaintiff, or procure the same to be well and 
 sufficiently conveyed to him. f 
 
 4. That the plaintiff may be paid his costs o 
 this suit. 
 
 5. And that the f.plaintiff may have such fur- 
 ther and other relief as the nature of the case 
 may require and to this Honorable Court shall 
 seem meet. 
 
 And the plaintiff will ever pray. 
 
 ¥.B. — The plaintiff is required to make an affidavit 
 intituled in the cause " that the bill in this cause is not 
 filed in collusion with either of the defendants in the said 
 hill named, but merely of his own accord and for reliej 
 in this Honorable Court ; " this affidavit must be at- 
 tached to and filed with the bill — an affidavit by the 
 solicitor is ordinarily insufficient. If the bill is filed by 
 a corwpany the affidavit should be made by one of its 
 officers a/tid should state that the company do not collude. 
 For forms of affidavit, see post. 
 
PROCEEDINGS IX CHANCERY — BILLS. 91 
 
 Forms of upidarift^ to be attached to bill of interpleader. 63. 
 
 Affidavit by 
 -^ sole plaintiff, of 
 
 in Chanceiy. no collusion, 
 
 {Title of the cause.) 
 
 I, A. B., of {residence and addition) the above-named 
 plaintiff, make oath and say, that the bill in this cause 
 hereunto annexed [or, now produced and shown to me, 
 and marked A.], is not filed in collusion with the above- 
 named defendants, or any or either of them ; but merely 
 of my own accord, for relief in this Honoi-able Court. 
 
 Sworn, &c. 
 
 Proceed as in ante, No. 63, to make oath and say ; and ,„, ®!*; 
 
 7 mi 1 'ii • 1 • t Affida\it by 
 
 continue thus : 1 he bill in this cause hereunto annexed several piain- 
 \_or, produced and shown to us respectively, at the time of couusion." 
 swearing this affidavit, and marked A.], is not filed by us, 
 or any or either of us, in coUusion with the above-named 
 defendants, or any or either of them ; but merely of our 
 own accord, for relief in this Honorable Court. 
 
 Sworn, &c. 
 
 In Chancery, 
 
 [Title of the cause.) 
 
 I., A. B., of {residence and addition), one of the plain- Tijeu^^iy 
 tiffs named in the bill in this cause, and hereunto annexed, one of several 
 make oath and say as follows : ^"" 
 
 I alone of the plaintiffs have attended to the matters 
 mentioned in the biU of complaint hereunto annexed ; and 
 my co-plaintiffs are not acquainted with the facts ; and I 
 say that the said bill of complaint is not filed by myself, 
 nor any of the plaintiffs thei'ein named, in collusion with 
 the defendants, or any or either of the defendants in the 
 said bill named ; but merely of the plaintiffs' own accord, 
 for relief in this Honorable Court. 
 
 Sworn, ifcc. 
 
 Proceed us in No. 65, ante, to as follows : 66. 
 
 The bill in this cause hereunto annexed [or, now pro- pubilc'^offlcer^ 
 duced and shown to me, and marked A.], is not filed by so suing. 
 me in collusion with the above-named defendants, or any 
 of them, nor, to the best of my knowledge, information, 
 and belief, do or does any other person or persons on be- 
 half of the = — company, in the said bill named, 
 
92 
 
 FORMS AND PRECEDENTS OF 
 
 collude, nor does the said company in any way collude, 
 with the said defendants or any of them ; but the said biU 
 is filed merely of my own accord, as the public officer of 
 the said company, for relief in this Honorable Court, 
 
 Sworn, &c. 
 
 67. 
 
 Affidavit by the 
 plaintiff's solici- 
 tor, of no collu- 
 sion. 
 
 In Chancery. 
 
 {Title of the cause.) 
 
 I, A. B., of (place of business), gentleman, the solicitor 
 in this cause for the above-named plaintiff, make oath and 
 say as follows : 
 
 1. Show why the affidavit it not made by the plaintiff ; 
 
 e. g. : The above-named plaintiff is resident at , 
 
 out of the jurisdiction of this Honorable Court. 
 
 2. The bill in this cause hereunto annexed [or, now 
 produced and shown to me, and marked A.], is not filed, by 
 me in collusion with the above named defendants, or any 
 of them, nor, to the best of my knowledge, information, 
 and belief, is the above-named plaintiflf, or any person or 
 persons in his behalf,in collusion with the said defendants, 
 or any of them, nor is the said bill filed to avoid or delay 
 the payment of the sum of $ , in the said bill men- 
 tioned [or as may be] ; but merely of the plaintifi''s own 
 accord for relief in this Honourable Court. 
 
 3. Show means of knowledge. 
 
 Sworn, &c. 
 
 ^8. 08. Bill for Specific Performance by Vendor charg- 
 
 perfomance " ing that Vendee has accepted the Title. 
 
 vendor charging 
 that vendee has 
 
 tttie''*'"' ""^ {Proceed as in No. 33 to end of paragraph I .) 
 
 2. On the 10th day of November, 1871, the plaintifl's 
 solicitor, at the defendant's request, sent to his solicitors, 
 Messrs. A. & B., a perfect abstract of the plaintiff's title to 
 the said lands. 
 
 3. On the 1st day of December, 1871, the said Messrs. 
 A. & B. delivered to the plaintiflT's solicitor certain objec- 
 tions to and requisitions upon the said title ; and the plain- 
 tiff's solicitor, on the 3rd day of December, 1871, de- 
 livered to the said Messrs. A. & B. a full answer to all such 
 objections and requisitions. ' 
 
 4. No further or other objection to the said abstract or 
 to the title of the said plaintiff has been sent to the plain- 
 
PROCEEDINGS IN CHANCERY — BILLS. 93 
 
 tifi 01- his solicitor by the defendant or his solicitors, and 
 the defendant has never returned the said abstract and 
 still retains possession thereof. 
 
 •5. On or about the lOth daj"- of December, 1871, the 
 defendant was let into possession of the said premises, and 
 has ever since continued in the possession and in the re- 
 ceipts of the rents and profits of the said premises. 
 
 6. Under the circumstances, the plaintiff charges that 
 the defendant ought to be deemed to have waived all ob- 
 jection to and to have accepted the title of the plaintiff to 
 the said premises, and to be ordered specifically to perform 
 the said agreement and to pay the costs of this suit. 
 
 {Add paragraph 2 in form Ko 33 and prayer. Add 
 to the prayer — " That the defendant may be ordered to 
 pay to the plaintiff the costs of this suit.") 
 
 69. Bill for Redemption charging '^mortgagee with 69. 
 
 dilapidation. demptlon charg- 
 
 ing mortgagee 
 
 (Proceed as in Xo. 30 to end of paragraph 2.) dilapidation. 
 
 3. On the 14th day of April, 1869, the defendant ob- 
 tained possession of the said mortgaged premises, and has 
 ever since continued in possession and in receipt of the 
 rents and profits thereof. 
 
 4. At the time the defendant obtained possession of the 
 said premises, they were in the occupation of one A. W., 
 as a tenant to the plaintiff, at a rental of $50 per month ; 
 and the said A. W. was a careful and respectable tenant, 
 and had always paid his rent punctually, and had kept 
 the said premises in proper repair ; and the said A. W. 
 was ready and willing and offered to attorn to the said 
 defendant upon the same terms as he had held the said 
 premises from the plaintift" ; but the defendant refused to 
 accept his attornment, and compelled him to quit the said 
 premises. 
 
 5. The defendant subsequently rented the said premises 
 to one O. D., his brother, for the sum of $30 per month 
 rent, and the said O. D. has been in the occupation of the 
 said premises, at such rental, since the 1st day of May, 
 1870 ; and the defendant refuses to give the plaintiff cre- 
 dit for more than the said rental of $30 per month, dur- 
 ing the time the said 0. D. has been in the occupation of 
 the said premises, although, as the plaintiff charges and as 
 the fact is, such rental is much less than the plaintiff 
 could have obtained for the said mortgaged premises from 
 
94 FORMS AND PRECEDENTS OF 
 
 the said A. W., and from other persons, had he used rea- 
 sonable care and diligence in renting the said premises, 
 as the defendant well knew. (6). 
 
 6. The said 0. D., during his said tenancy, has commit- 
 ted great waste and destruction upon the said premises, 
 by piilling down and removing therefrom a certain barn 
 and stable, and has suffered the houses and buildings upon 
 the said premises to become greatly dilapidated ; and the 
 plaintiff charges that the said defendant is liable to the 
 plaintiff for the said waste and dilapidation. 
 
 7. The plaintiff charges that the damages he has sus- 
 tained, by reason of the said waste and dilapidation of the 
 said mortgaged premises, ought to be charged against the 
 defendant, in taking his accounts as mortgagee in posses- 
 sion ; and that the defendant is also chargeable with a 
 large sum for rents of the said premises, which he might 
 have received, but for his wilful neglect and default. 
 
 {Add prayer, as in form No. 30, to the end oj fara- 
 graph 1, and continue thiis.) 
 
 2. That an account may be taken 
 with yearly rests of rents and profits 
 of the premises comprised in the said 
 mortgage received by the defendant 
 or by any other person for his use, 
 or which, without his wilful neglect 
 and default, might have been so re- 
 ceived. 
 
 3. That an enquiry may be made 
 whether the said mortgaged premises 
 have become depreciated, by reason 
 of the waste and dilapidations afore- 
 said, to any and to what extent ; 
 and that what shall appear due to 
 the plaintiff, in respect of such de- 
 preciation, may be set off against the 
 amount which may be found due to 
 the defendant for principal, interest 
 and costs ; and that the balance (if 
 any) in favour of the plaintiff, may 
 be ordered to be paid by the defen- 
 dant to the plaintiff. 
 
 {Add clauses 2 and 8 of prayer, as inform No. 30.) 
 
 (ii) Merriam v. Cron/r, 21 Gt. 60. 
 
PROCEEDteGS IN CHANCEKY — BILLS. 95 
 
 70. Bill hy mortgagee to foreclose and to restrain waste 70. 
 
 hy the mortgagor. ^^i' '» '°™^°- 
 
 waste by mort- 
 
 {Froceed as in Xo. 29 to end of paragraph 5.) '*°''- 
 
 6. There are divers valuable oak, pine, elm and other 
 timber trees growing and standing upon the lands com- 
 prised in the plaintiff's mortgage, which trees and timber 
 are a material part of the plaintiff's said security, and, if 
 the same, or any of them, were felled and taken away, the 
 said mortgaged premises woiild be an insufficient security 
 to the plaintiff for the money due thereon. 
 
 7. The defendant who is in possession of the said mort- 
 gaged premises has lately cut down some of the said oak 
 trees lately growing upon the said lands, and has marked 
 for felling a large quantity of the said oak, pine and elm 
 trees and other timber, and he has engaged a large num- 
 ber of workmen to cut and remove, and he threatens and 
 intends forthwith to cut down and remove a large quantity 
 of the said trees and timber from off the said mortgaged 
 premises. 
 
 (Add to the prayer after clause 1 inform 29.) 
 
 2. That the defendant may be re- 
 strained by the injunction of this 
 Honorable Court from felling, cut- 
 ting, removing or disposing of any 
 of the timber or timber-like trees 
 now standing or growing or being in 
 or upon the said mortgaged premises. 
 
 (Proceed as in form 29.) 
 
 71. Information to restrain encroachment on public ^j^ 
 highway. SS't-" 
 
 croachment on 
 
 In Chancery. """" '''^''"'^• 
 
 Between Her Majesty's Attorney-General for the 
 Province of Ontario, at and by the relation 
 
 of A. B Informant. 
 
 and 
 
 C. D., E. F., G. H Defendants. 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 Informing, sheweth unto your Lordships the Honorable 
 
 Oliver Mowat, Her Majesty's Attorney-General for 
 
96 FORMS AND PRECEDENT^ OF 
 
 the Province of Ontario, at and by the relation of A. 
 B., of the City of Toronto, in the County of York, 
 and Province of Ontario, grocer. 
 
 1. That there is situate in the said city a certain high- 
 way or public road commpnly called or known as Yonge 
 Street, the said street is throughout its entire length sixty- 
 six feet wide. 
 
 2. The above-named defendants C. D. and E. F. are 
 jointly seized ill fee simple in reversion of that lot of land 
 known as (describing it) situate on the west side of the 
 said Yonge Street, and abutting on the same, and the de- 
 fendant G. F. is lessee for a term of years of the said land 
 as tenant of the said C. D. and E. F., and is in possession 
 thereof as such lessee. 
 
 3. The defendants have surrounded the said lot with a 
 board fence, and instead of conforming to the proper boun- 
 dary line of the said street have enclosed within their 
 fence a considerable portion of the soil of the said Yonge 
 Street, and the defendant G. H. has been ever since the 
 erection of such fence, and is now, ^in possession of the soil 
 of the said street so enclosed a^ aforesaid. 
 
 4. The above-named relator A. B. is owner in fee of a 
 house and grounds which abut on the said Yonge Street, 
 and are situated on the east side thereof. 
 
 5. The board fence surrounding the said lot and enclos- 
 ing a portion of the said street materially diminishes the 
 width of the said street, and is, your informant submits, 
 an illegal obstruction thereof, and deprives the relator and 
 the many persons residing on the said street of the free 
 and uninterrupted use thereof, to which they together 
 with all the rest of Her Majesty's subjects, are entitled. 
 
 G. Your informant therefore prays. 
 
 1. That the defendant may be restrained by the 
 order and injunction of this Honorable Court 
 from permitting the said board fence to remain 
 on the soil of the said Yonge Street, or so that 
 the said street and the right to the use and en- 
 joyment thereof by the public may bfe in any 
 way hindered, obstructed or interfered with. 
 
 2. That the defendants may be ordered to pay 
 the costs of this suit. 
 
 3. That your informant may have such further 
 or other relief as to your Lordship may seem 
 meet. 
 
 4. And your informant wiU ever pray. 
 
 (Signed) 0. Mowat. 
 
PROCEEDINGS IN CHANCEBY — BILLS. 97 
 
 12. Bill to enforce Mechanics' Lien, 72. 
 
 Bill to enforce 
 -r y~^. Mechanics' lien. 
 
 In (Jhancery. 
 
 Between— J. E. and W. B PlaintifFs, 
 
 and 
 M.A. T Defendant 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of J. E., of the City of Toronto, in 
 the County of York, builder, and W. B., of the same place, 
 bricklayer, 
 Sheweth : 
 
 1. On or prior to the 11th day of November, 1873, the 
 defendant was and she has ever since remained and now is 
 the lessee of certain leasehold premises in the City of 
 Toronto, in the County of York, more particularly de- 
 scribed in the claim or hen hereinafter set forth. 
 
 2. On or about the said 11th day of November, the 
 plaintifis, who are mechanics, at the request of the said 
 defendant, agreed to perform certain work and to furnish 
 certain materials for the erection of a brick hotel upon 
 the said land for the said defendant, and there was no 
 agreement between the said defendant and the plaintiffs 
 that the plaintiffs should not be entitled to a lien upon 
 the said lands and buildings for the price of the said work 
 and materials. 
 
 3. In pursuance of the said agreement, the plaintiffs 
 did do a large amount of work upon and did furnish large 
 quantities of materials, wlaich were used in and about the 
 erection of the said brick hotel upon the said lands, to the 
 value of $18,000, and completed the same on or about the 
 4th day of September, 1874, whereby the defendant be- 
 came indebted to the plaintiffs for the said work and ma- 
 terials in the said sum of §18,000. 
 
 4. The sum of 315,000 has been paid on account of the 
 said sum of $18,000, leaving a balance of $3,000 still due 
 and payable to the plaintiffi. 
 
 5. On the completion of the said work the plaintiffs 
 became and are entitled to a lien on the said lands for 
 the said sum of $3,000, under the provisions of " The Me- 
 chanic's Lien Act of 1873." 
 
 6. On or about the 21st day of September, 1874, the 
 plaintiffs, in pursuance of the said Act, caused to be filed 
 in the Registry Office in and for the City of Toronto a 
 statement of their said claim, which statement is in the 
 words and figures following, that is to say : 
 
 7 
 
98 FORMS AND PRECEDENTS OF 
 
 " J. E., of the City of Toronto, in the County of York, 
 " builder, and W. B., of the same place, bricklayer, under 
 "'The Mechanics' Lien Act of 1873,' claim a lien upon 
 " the estate or interest of M. A. T., of the said City of 
 " Toronto, in respect of the following work and materials, 
 "that is to say: 
 
 To amount of contract $17,000 
 
 Bill of Extras. 
 
 To extra stone in foundation 500 
 
 " Brick pointing 200 
 
 " Second flats of extra ^-bricks in thick- 
 ness 300 
 
 1873. 
 
 Dec. 1.— By cash $2,000 
 
 " 22.— " 1,000 
 
 1874 
 
 Jan. 5.— " 5,000 
 
 July 6.— " 7,000 
 
 $18,000 
 
 15,000 
 
 Balance $ 3,000 
 
 — " which work was done and materials provided for the 
 " said M. A. T. on or before the 4th day of September, 
 "A. D. 1874, the amount claimed to be due or become 
 " due is the sum of $3,000 ; the description of the land 
 " to be charged is as follows :— All and singular that cer- 
 " tain parcel of land known as lot 3, on the west side of 
 " John Street, as shown on the plan of J. S. Dennis, 
 " P. L. S., registered in the Registry Office of the said City 
 '• of Toronto, and numbered D 63. 
 
 " Dated at the City of Toronto, in the County of ^ork, 
 " this 21st day of September, A. D. 1874-. 
 
 "Witness, \ Signed. J. E. [L.S.] 
 
 " Signed. J. Barnes. / Signed. W B. [L.S.]" 
 — which statement wasverified by an affidavit of the plain- 
 tiffs, sworn before a Commissioner for taking affidavits in 
 the said County of York, as required by the said statute. 
 
 7. The lands referred to in the first paragraph of this 
 bill, and particularly described in the said claim or lien 
 hereinbefore set forth, are the lands occupied by and 
 usually enjoyed with the said hotel. 
 
PROCEEDINGS IN CHANCERY — BILLS. 99 
 
 The plaintiffs therefore pray : 
 
 1. That the defendant may be ordered to pay to 
 the plaintiffs the said sum of $3,000, together 
 with interest thereon and the costs of this suit. 
 
 2. And that in default of such payment the said 
 lands and buildings, or a competent part thereof, 
 may be sold and the proceeds thereof applied in 
 payment of the plaintiffs' debt and the costs of 
 this suit. 
 
 3. That for the purposes aforesaid all proper 
 directions may be given and accounts taken. 
 
 4. And that the plaintiffs may have such fur- 
 ther and other relief as to this Honorable Court 
 may seem meet. 
 
 And the plaintiffs wiU ever pray. 
 
 G. M. 
 
 73. Bill to remove from Registry Office an improperly ._. 
 registered plan. ifmRe^^ 
 
 Office an im- 
 properly regis- 
 Tn (Jhancery. • teredplan. 
 
 Between— F.P Plaintiff, 
 
 and 
 J. A., J. S. and J. L Defendants. 
 
 Town of Barrie. 
 
 To the Honorable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of F. P., of the City of Toronto, 
 in the County of York, Esquire, 
 Sheweth : 
 
 1. In the year 1853, one W. P. became, and from thence- 
 forth until he conveyed the same as hereinafter mentioned 
 continued to be the owner in fee of that certain parcel of 
 land known as lot 5, in the 6th Concession of the Town- 
 ship of Orillia, in the County of Simcoe. 
 
 2. The said W. P., while such owner as aforesaid, by In- 
 denture dated the 29th day of December, 1860, mortgaged 
 the said premises to Mary and Jessie McM., and after- 
 wards, by Indenture dated the 19th day of April, 1870, he 
 released to the said Mary and Jessie McM. his equity of 
 redemption therein. 
 
 3. By deed dated the 10th day of November, 1871, the 
 said Mary and Jessie McM. conveyed the said premises to 
 the plaintiff in fee simple for a valuable consideration 
 then paid to them by the plaintiff. 
 
 4. Before pajriog his purchase money and accepting the 
 said conveyance, the plaintiff searched the title of the 
 
100 FORMS AND PRECEDENTS OF 
 
 said premises in the Registry Office of the said County of 
 Simcoe, and as the result of such search ascertained that 
 there was no deed, conveyance, plan or other instrument' 
 registered against the said premises which in any way af- 
 fected or impaired the registered title of the said Mary 
 and Jessie McM. to the same, and thereupon the plaintiff 
 paid his purchase money and became and now is the 
 owner in fee of the said premises. 
 
 5. The plaintiff caused the conveyance of the said 
 premises to him to be registered in the said Registry Of- 
 fice on the 8th day of January, 1872. 
 
 6. The said premises were at the time of the plaintiff's 
 purchase thereof, and still are, uncultivated and in a state 
 of nature, but the plaintiff has ever since paid all taxes 
 assessed upon the same, but the plaintiff is not nor has 
 nor have any person or persons ever been in the actual occu- 
 pation of the same or any part thereof. 
 
 7. The said premises are wholly situate in the Town- 
 ship of Orillia, near to the Village of Orillia, in the said 
 County of Simcoe, and are divided from the said Village 
 by a strip of land running the whole length of the said 
 lot and containing about five acres. 
 
 8. By deed poll dated the 6th day of December, 1861, 
 and registered in the said Registry Office on the 15th day 
 of the same month, made by the Sheriff of the said 
 County of Simcoe, the said Sheriff purported to convey 
 to the defendant J. A., certain lands described in the said 
 deed poU as "all that certain parcel or tract of land situate 
 in the Village of Orillia, in the County of Simcoe, con- 
 taining by admeasurement two acres, be the same more or 
 less, being composed of VUlage lot No. 9, on the south 
 side of St. Andrew Street, Cameron's survey in the said 
 Village of Orillia," and the said defendant J. A., now 
 claims to own the lands in the said deed described. 
 
 9. By a certain other deed poll dated the 12th day of 
 December, 1861, and registered in the said Registry Office 
 on the 19th day of the same month, made by the said 
 Sheriff, the said Sheriff also purported to convey to the 
 defendant, J. S., certain lands in the said deed described 
 respectively as lot No. 8 on the south side of St. George 
 Street, in the Village of Orillia, Cameron's survey, and 
 lot No. 1, on the south side of St. George Street in the 
 said Village of Orillia, Cameron's survey, and the said de- 
 fendant J. S., now claims to be the owner of the said lands 
 in the said deed described. 
 
 10. By two certain other deeds poU dated respectively 
 the 25th day of February, 1862, and registered on the 
 
PROCEEDINGS IN CHANCERY — BILLS. 101 
 
 27th day of March in the same year, and made by the 
 said Sheriff, the said Sheriff also purported to convey to 
 the defendant J. S., certain lands in the said deeds de- 
 scribed respectively as lots 1 and 2 on the north side of ,- 
 George Street, in the Village of OriMia, two acres, Came- ;' . 
 ron's survey, and the said defendant J. S. now claims to \ \ . ^ 
 be the owner of the said lands in the said two deeds de- 
 scribed. 
 
 11. One Cameron did in fact make a survey and regis- 
 ter a plan of the said Village of OriUia, but he never 
 made a survey or registered a plan of the said premises 
 so conveyed to the plaintiff as .aforesaid, and no plan re- 
 lating to or affecting the said premises or any part there- 
 of was ever registered until the registration of the pre- 
 tended copy of a plan by the defendant J. A., as herein- 
 after mentioned. 
 
 12. On the 29th day of July, 1873, the defendant, J. A., 
 without making any survey, adopted a plan or sketch of 
 the plaintiffs said lot, made in the year 1853, and caused 
 to be registered in the said Registry Office what purports 
 to be a" copy of the said plan, whereby the plaintiff's said 
 lot is represented as forming part of the Village of Orillia, 
 and whereby his said lot appears to be subdivided into 
 50 different lots, with six different streets intersecting the 
 same, as by the said pretended copy of plan will, when 
 produced, more fuUy appear. 
 
 13. The said six streets depicted on the said pretended 
 copy of plan are named respectively St. David Street, 
 St. Andrew Street, St. Patrick Street and St. George 
 Street, and the said lots or subdivisions are numbered on 
 the said pretended copy plan with reference to the said 
 streets. But the plaintiff charges that the pretended copy 
 plan is not in fact a true copy of the plan or sketch which 
 was actually made in the year 1853, but that, on the con- 
 trary, in the original plan made in the year 1853 the 
 streets shown thereon were not designated by any name 
 whatever, but in the said pretended copy the said de- 
 fendant J. A., or some one acting in his behalf, has arbi- 
 tarily assigned names to the different streets shown on the 
 said plan without knowing or having any means of know- 
 ing by what names the said streets were respectively in- 
 tended to be designated by those by or for whom the 
 said original plan or sketch was prepared. 
 
 14. There are in fact no streets in the said Village of 
 OriUia called St. David Street, St. Andrew Street, St. 
 Patrick Street, or St. George Street. 
 
 15. The effect of the registration of the said pretended 
 
102 FORMS AND PRECEDENTS OF 
 
 copy of a plan has been and is to make the hereinbefore 
 described parcels of land owned or claimed to be owned 
 by the defendants under the respective deeds poll men- 
 tioned in the 8th, 9th and 10th paragraphs hereof, appear 
 to form part of the plaintifi's said lot, and the defendants 
 now claim to be entitled under the said deeds poll to vari- 
 ous portions of the plaintiff's said lot, according to the 
 said pretended copy plan. 
 
 16. The plaintiff charges and the fact is that no ori- 
 ginal plan of the plaintiff's said lot corresponding with the 
 said pretended copy so registered by the defendant J. A. 
 was ever made; but if any such plan ever were made it 
 was not registered in the said Registry Office before or 
 at the dates of the said advances by and conveyances to 
 the "said Mary and Jessie McM., of the said lot 5, and 
 they had no notice or knowledge of any such plan, 
 and they advanced and paid their money and received the 
 said conveyances to themselves in good faith, and they 
 were in fact innocent purchasers for value of the said 
 lands without notice of the said plan. 
 
 17. The plaintiff further charges that before and at the 
 date of the payment by him of his piirchase money, and 
 the conveyance of the said lot 5 to him, no plan of the 
 said lot was registered in the said Registry Office, and 
 he paid his said purchase money and received his said 
 conveyance in good faith and without notice or know- 
 ledge of any such plan, and he is in fact an innocent pur- 
 chaser for value of the said lands without notice of the 
 said plan, and the plaintiff clai.ns the benefit of the Reg- 
 istry laws in force in this Province. 
 
 18. The plaintiff submits that the said pretended copy 
 of plan could not legally be registered on the strength of 
 the supposed survey of 1853, and that it forms a cloud on 
 the plaintiff's title to the said lot 5, and that the said 
 registration ought to be declared illegal and void and 
 ought to be cancelled, 
 
 19. The plaintiff further submits that while the regis- 
 tration of the said pretended copy of plan remains un- 
 cancelled the said deeds poll form a cloud upon the title 
 of the plaintiff to the said lot ; and if for any reason this 
 Court should see fit to permit the said registration to re- 
 main uncancelled, then the plaintiff avers that at and be- 
 fore the time when the said Mary and Jessie McM. ad- 
 vanced their moneys and received the said conveyances 
 of the said lot 5, they had no notice or knowledge of the 
 said deeds poll, or of any or either of them, and they be- 
 came and were purchasers of the said lot for value in good 
 
PROCEEDINGS IN CHANCERY — BILLS. 103 
 
 faith and without notice of the said deeds poll, or any or 
 either of them; and that at and before the time when the 
 plaintiff paid his purchase money and received his said 
 conveyance of the said lot No. 5, he had no notice or 
 knowledge of the said deeds poll or of any or either of 
 them, and he was and is a purchaser for value without 
 notice thereof, and he claims the benefit of the Registry 
 laws in force in this Province, and the plaintiff submits 
 that the said deeds poU should, in the event of the said 
 registration of the said pretended copy of plan remaining 
 uncancelled, be delivered up to be cancelled, or that the 
 defendants should be ordered to execute such instruments 
 as shall remove the cloud on the plaintiff's said title 
 created by their registration. 
 
 '20. The plaintiff did not intend that the said lot 5 
 should be subdivided or laid out in lots and streets, and 
 such subdivision is altogether contrary to his intention 
 and wish. 
 
 21. The defendants, sometimes pretend that the de- 
 fendant J. A. was, at the time of the registration of the 
 said pretended copy of plan, the owner of the lot now 
 claimed by him, and as such entitled to register a plan or 
 a copy of a plan which it is alleged was made by a former 
 owner of the said lands ; but the plaintiff alleges that he 
 had no such right, and in any event the plaintiff shows 
 that by reason of the facts and circumstances hereinbefore 
 set forth, and by force of the Registry laws in force in this 
 Province, the said defendant was not, and is not, and 
 cannot rightfully claim to have been or to be the owner 
 of the said lot as depicted on the said pretended copy of 
 plan, as against the plaintiff, and the plaintiff further 
 shews that even if the said defendant, J. A., had been 
 or was such owner, and therefore entitled to register such 
 plan, the copy of said plan so registered is not a true copy 
 of the original plan prepared by or for the original owner 
 of the said lands, and is not certified to by the original 
 owner of said lands or his representatives as required by 
 law, and is not in other respects a compliance with the 
 statutes in force in this Province with respect to the sur- 
 vey of lands and the registration of deeds and plans and 
 other instruments. 
 
 22. The plaintiff and the defendants are the only per- 
 sons who appear by the books in the said Registry Office 
 to be affected by the registration of the said pretended 
 copy of plan. 
 
 23. The said defendants are not, nor is, nor are any or 
 either of them in the actual possession of the parcels of 
 
104 FORMS AND PRECEDENTS OF 
 
 the said lot No. 5, respectively claimed by them or of any 
 part thereof. 
 
 The plaintiff therefore prays : 
 
 1. That it may be declared that the said pre- 
 tended copy of plan and the registration thereof, 
 are illegal and void as against the plaintiff and 
 that the registration of the said pretended copy 
 of plan may be ordered to be cancelled. 
 
 2. Or if for any reason this Honourable Court 
 should see fit to permit the said registration to 
 remain uncancelled, then that the same may be 
 declared to be inoperative and of no force or 
 effect as against the plaintiff's right to the said 
 lot, and that the said deeds poU may also be de- 
 clared void as against the plaintiiFs said title 
 and that the registrations thereof form a cloud 
 upon the plaintiff's said title, and that the de- 
 fendants may be ordered to deliver up the said 
 deeds poll to be cancelled, or to execute such in- 
 struments as shall remove the said cloud. 
 
 3. That the plaintiff may be paid his costs of 
 this suit, and may have such further and other 
 relief as may seem just. 
 
 And the plaintiff will ever pray. 
 
 CM. 
 
 74. 74. Bill to set aside By-law of Municipal Corporation 
 
 By-law af mini- granting a Bonus to a Railway Company . 
 
 cipai corporation 
 granting a bonus 
 
 to a Railway In Chanccry. 
 
 °'^^"'^' Between— G. F. and J. G., the elder, G. N., and 
 
 R. M., who sue on behalf of them- 
 selves and aU other Ratepayers of the 
 Township of Turnberry, except the de- 
 fendant, J. M., Plaintiffs, 
 
 and 
 The Wellington, Grey and Bruce Rail- 
 way Company, the Corporation of the 
 Township of Turnberry, W. McG., and 
 J. M Defendants. 
 
 City of London. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bm of Complaint of G. F., J. G., the elder, G. N., 
 
 and R. M., all of the Township of Turnberry, in the County 
 
 of Huron, Yeomen, who sue on behalf of themselves and 
 
PROCEEDINGS IN CHANCERY — BILLS. 105 
 
 all other Ratepaj-ers of the said Township of Turnberry, 
 except the defendant, J. M. 
 Sheweth as follows : 
 
 1. By an Act of the Parliament of the late Province of 
 Canada, passed in the 27th and 2Sth Years of the E,eign 
 of Her Majesty Queen Victoria, and Chaptered 93, the 
 above named defendants, the Wellington, Grey and Bruce 
 Railwaj' Company, were incorporated with power and 
 authority to lay out, construct, make and finish a double 
 or single Iron Eailwa}- from the Town of Guelph to the 
 Village of Southampton or other point on Lake Huron, 
 in the County of Bruce, with a branch, should they so 
 desire it, to the Town of Owen Sound in the County of 
 Grey ; and other powers and authorities were by the said 
 Act conferred upon, and vested in the said defendants 
 the Wellington, Grey and Bruce Railway Company. 
 
 2. By an Act of the Legislature of the Province of 
 Ontario, passed in the olst year of the Reign of Her said 
 Majesty, and Chaptered 13, after reciting that the said 
 Wellington, Grey and Bruce Railway Company had by 
 their petition set forth that various Municipalities to the , 
 north and north-west of the Town of Guelph being deeply 
 interested in the establishment of Railways, and being 
 destitute of proper facilities for communicating with the 
 various Produce Markets of the Province were desirous 
 of aiding the undertaking of the said Wellington, Grey 
 and Bruce Railway Company, by free grants or donations 
 of debentures by way of bonus ; but that no means ex- 
 isted by law of granting such proposed aid, except by the 
 subscription of stock, which the said Municipality desired 
 to avoid, it was amongst other things enacted, that it 
 should be lawful for any Municipality interested in the 
 said undertaking, to pass a By-law or By-laws authoriz- 
 ing aid to the said Railway, by the issue of Debentures, 
 to be given to the said Railway Company, as a free gift 
 or donation, by way of bonus, upon such terms and sub- 
 ject to such restrictions and conditions as might be mutu- 
 ally agreed on between snch Municipality and the Direc- 
 tors of the said Railway Company ; and the Directors for 
 the time being were authorized and empowered, on behalf 
 of the Company, to enter into an agreement or agreements 
 for the due performance of anj' such terms and conditions 
 as might be contained in such By-law, or mutually agreed 
 upon between said Directors and the Council of such 
 Municipality ; provided always, that any such By-law to 
 be valid, should be made in conformity with the laws of 
 the said Pro\ince respecting Municipal Institutions. 
 
106 FORMS AND PRECEDENTS OF 
 
 3. By the said in part last recited Act, it was further 
 enacted that it should be lawful for the Council of such 
 Municipality, with the assent of the Ratepayers, at the 
 request of the Railway Company, from time to time, to 
 make such alterations in the conditions of such By-laws 
 as might be found necessary or expedient, due notice be- 
 ing given for the same period, and in the same manner as 
 required under the I96th section of the Municipal Act, 
 and that a copy of any By-law containing such altera- 
 tions, should be forthwith transmitted to the Treasurer of 
 the Province of Ontario. 
 
 4. The defendants, the Corporation of the Township of 
 Turnberry, are a Municipal Corporation under the statutes 
 in that behalf, and a Municipality within the meaning of 
 the last mentioned Act of the Legislature of the Province 
 of Ontario ; and the plaintiffs have for several years been, 
 and now are, Ratepayers of the said Township, duly 
 qualified, and having the right to vote upon the By-law 
 hereinafter mentioned. 
 
 5. The Council of the said Municipality during the 
 year 1871, wa^ composed of the following persons, viz ; — 
 the Defendant, J. M., Reeve ; W. C, Deputy Reeve ; and 
 J. H., W. H. L., and D. H., Councillors. 
 
 6. At a meeting of the said Council, held on the 14!th 
 day of August, 1871, a resolution was passed in the words 
 and figures following ; that is to say, — " That this Coun- 
 " cil submit a By-law to the Ratepayers of this Town- 
 " ship, to grant a bonus of $28,000, to aid in the construc- 
 "tiouof the Wellington, Grey and Bruce Railway, and 
 " that a vote of the electors be taken at Lot 15, Con. 7, on 
 "the 11th September next (1871), and that James John- 
 " ston be Returning Officer." 
 
 7. In pursuance of the said resolution, and on the 11th 
 day of September, 1871, the said Council pretended or 
 assumed to submit to the said Ratepayers a By-law, and 
 on the conclusion of the voting thereon, the same was 
 declared carried by a majority of twelve of the Ratepayers 
 who voted upon said By-law. 
 
 8. The said By-law is in the words and figures fol- 
 lowing : — 
 
 "A BY-LAW. 
 
 " To aid the Wellington, Grey and Bruce Railway Com- 
 pany by a free grant or donation of debentures by way 
 of bonus, to the extent of $28,000, subject to certain terms, 
 restrictions and conditions." 
 
 " Whereas, by cei'tain Acts passed by the Legislature of 
 
PROCEEDINGS IN CHANCERY — BILLS. 107' 
 
 the Province of Ontario, the Municipalities therein re- 
 ferred to are authorized to aid the Wellington, Grey and 
 Bruce Railway, by free grants or donations of Debentures 
 by way of Bonus. And whereas the Municipal Council 
 of the Township of Turnberry, being one of the Muni- 
 cipalities so authorized, are desirous of aiding the said 
 Bailway by the free grant or donation of Debentures, to 
 the extent of Twenty-eight thousand Dollars, and propose 
 to issue Debentures for that purpose. And whereas it 
 will require the sum of $3,080 to be raised annually by 
 special rate for the payment of the said Debentures, and 
 the interest thereon as hereinafter mentioned. 
 
 " And whereas, the amount of the whole rateable pro- 
 perty of the said Municipality, irrespective of any future 
 increase of the same, and also irrespective of any income 
 to be derived from the temporary investment of the Sink- 
 ing Fund, hereinafter mentioned, or any part thereof, 
 according to the last revised Assessment Roll, of the said 
 Municipality, being for the year 1871, was $286,500, 
 (Two hundred and eighty-six thousand five hundred 
 Dollars.) 
 
 " And whereas the amount of the existing debt of the 
 said Municipality is as follows: Principal, the sum of 
 nothing ; Interest, the sum of nothing ; making in the 
 aggregate the sum of nothing, of which Interest no por- 
 tion is in arrear. 
 
 " And whereas, for paying the Interest and creating an 
 equal yearly Sinking Fund for paying the said sum of 
 $28,000, and Interest, as hereinafter mentioned, it will re- 
 quire an equal annual special rate of one and one-tenth 
 cents in the dollar, in addition to all other rates to be 
 levied in each year." 
 
 " Be it therefore enacted by the Municipal Council of 
 the Township of Turnberry : — 
 
 1. " That it shall be lawful for the Reeve of the said 
 Township, and he is hereby required to issue Debentures, 
 to the extent of Twenty-eight thousand Dollars in sums 
 not less than $100 each, which Debentures shall be sealed 
 with the seal of the said Municipal Council, and be signed 
 by the said Reeve, and countersigned by the Treasurer." 
 
 2. " That the said Debentures shall be made payable in. 
 twenty years from the day hereinafter mentioned for this 
 By-law to take effect, at the Office of the Canadian Bank 
 of Commerce, at Goderich: and shall have attached to them 
 Coupons for the payment of Interest. 
 
 3. " That the said Debentures shall bear Interest at and 
 after the rate of six per cent, per annum from the date 
 
108 FORMS AND PRECEDENTS OF 
 
 thereof, which Interest shall be payable on the first days 
 of January and July in each year. 
 
 4. " That for the purpose of forming a Sinking Fund 
 for the payment of the said Debentures, and the Interest 
 at the rate aforesaid to become due thereon, an equal 
 special rate of one and one-tenth cents in the doUar, shall 
 in addition to all other rates be raised, levied and collected 
 in each year, upon all the rateable property in the said 
 Municipality, during the continuance of the said Deben- 
 tures, or any of them. 
 
 " Provided always, and it is hereby declared, that this 
 By-law is passed subject to the following stipulations and 
 conditions : — 
 
 1. " That before the Reeve shall issue the said Deben- 
 tures, the Railway Company shall furnish an agreement 
 under the seal of the Company (a copy whereof has been 
 submitted to and approved of by this Council), undertak- 
 ing and binding the Company in the manner set forth 
 therein, to commence the extension therein referred to, 
 that is to say, the extension of the said Wellington, Grey 
 and Bruce Railway, through South Bruce and North 
 Huron toLucknow, within three months after the final pass- 
 ing of this By-law, and to complete the same to Lucknow 
 ready for traffic, within two years from that time ; and to 
 erect a station at or near to Bluevale, and another at or 
 near to Wingham. 
 
 " And provided, that the Debentures shall be deposited 
 with the Treasurer of the Province of Ontario, or in one 
 -of the chartered banks of this Province, or of the late 
 Province of Canada, and the same shall be delivered to 
 the Company on the certificate of the engineer of the 
 Company, confirmed by the certificate, for the time being, 
 of the Chief Engineer of the Great Western Railway, as 
 the work progresses through the Township of Turnberry, 
 the production of which certificate shall entitle the Com- 
 pany to demand and receive from the said Municipality 
 Debentures to the amount so mentioned, with the current 
 coupon and those yet to mature. 
 
 " And provided further, that if the work shall not be 
 commenced within the said period of three months above 
 specified, it shall be optional with the Council, by re- 
 solution duly passed to that effect, to declare this By-law 
 and the agreement founded thereon, cancelled and at an 
 end. 
 
 5. " That this By-law shall take effect and come into 
 operation upon the 2nd (second) day of October, A.D. 
 1871." 
 
PROCEEDINGS IN CHANCERY — BILLS. lO^- 
 
 6. " That the said Debentures shall be deposited within 
 onemonth after the final passingof this By-law, either with 
 the Provincial Treasurer, or in one of the chartered 
 banks of this Province, or of the late Province of 
 Canada. 
 
 7. " And be it further enacted, that the votes of the 
 electors of this Municipality shall be taken upon this By- 
 law, as follows, namely : At the place hereinafter men- 
 tioned and referred to in the notice appended to this By- 
 law, being the place at which the elections of members of 
 Council are held, on the eleventh day of September next 
 (1871), at the hour of nine o'clock in the forenoon, and 
 ending at five o'clock in the afternoon of the same day, and 
 that the following person shall be Returning Ofiicer to take 
 the votes at such place : — 
 
 " Returning Officer, James Johnston. Place of voting, 
 lot 15, concession 7, Turnberry." 
 
 9. The said By-law was not, prior to submitting the 
 same to the ratepayers of the said Municipality, read a 
 first and second time before the said Council, as by law 
 required. 
 
 10. In and by the agreement between the said defend- 
 ants the Railway Company and the said Council re- 
 ferred to in the said By-law, to be furnished by the said 
 Railway Company under the seal of the said Company, 
 and a copy whereof had been submitted to and approved 
 by the said Council, it was expressly stipulated and 
 agreed, that the said By-law and agreement were based 
 upon the contingency of the said Railway Company ob- 
 taining from the Government of the Province of Ontario 
 a grant of at least the minimum amount authorized to be 
 granted in aid of Railways, out of the funds set apart and 
 designated as the " Railway Fund," in an Act of the Le- 
 gislature of the said Province, passed in the 34th year of 
 the reign of Her Majesty Queen Victoria, and chaptered 
 2, and by the same agreement it was provided that if the 
 amount to which the said Railway Company was entitled 
 was not obtained within three months from the passing 
 of the By-law, the said agreement was at the option of 
 either party to be cancelled and rescinded, and the Com- 
 pany were not in such event to be entitled to the said De- 
 bentures but the said By-law was to be treated as if it had 
 never been made, ratified or passed. 
 
 11. The said stipulation and agreement were well 
 known and understood by the ratepayers of the said 
 Township, and it was strongly urged upon and represented 
 to the said ratepayers, by the supporters of the said By- 
 
110 FORMS AND PRECEDENTS OF 
 
 law in the interest of the said Railway Company, as a 
 principal inducement for voting in favour of the said By- 
 law, that in the event of tlie same being passed the rate- 
 payers of the Township would not be taxed for the said 
 Debentures, unless within the three months specified in 
 the said agreement after the passing of the said By-law 
 the said Railway Company procured from the Grovern- 
 ment as aforesaid a grant of at least the minimum amount 
 authorized to be granted in aid of Railways as aforesaid, 
 and a great number of those ratepayers who voted in 
 favour of the said By-law, so voted upon the faith of the 
 said stipulation and agreement, and upon the understand- 
 ing that they would not be burdened or taxed for the 
 said Debentures, unless the said grant was obtained as 
 aforesaid. 
 
 12. The plaintiffs charge that had it not been for such 
 representations as aforesaid, and the understanding of the 
 ratepayers as to the said stipulation and agreement as 
 aforesaid, the said By-law would not have been passed by 
 the said ratepayers, but on the contrary would have been 
 rejected by a large majority. 
 
 13. A large number of persons who voted in favour of 
 the said By-law were persons who were not duly qualified 
 or entitled to vote upon the said By-law, the said persons 
 either not having their names upon the Assessment Roll 
 of the said Township at aU, or being assessed in respect 
 of property which would not entitle or qualify them 
 legally to vote upon the said By-law, or being persons 
 owning or holding no property in the said Township, or 
 owning or holding no property which would entitle or 
 qualify them legally to vote upon the said By-law ; and 
 some persons voted more than once in favour of the said By- 
 law, and the plaintiffs charge that upon a scrutiny and 
 enquiry into the validity and legality of the votes given 
 and recorded in favour of the said By-law, a large num- 
 ber of them wiU be found illegal and improper, for the 
 reasons above stated, as well as for other good and valid 
 reasons. 
 
 14. Among the persons so voting, and who were not 
 duly qualified or entitled to vote, as aforesaid, are the fol- 
 lowing, that is to say: E. E., R. S., I. T., H. B., J. McD., 
 W. L., R. W., J. F., A. G., W. M., J. R., W. R, M. F J A 
 J. L., the elder, P. W., W. A. C, T. McC, the elder, H. K, 
 J. K., R. C, C. G., J. L., J. G., and others. 
 
 15. The plaintiffs allege, that the said Railway Com- 
 pany paid divers sums, and made divers promises of re- 
 ward and emolument, and held out inducements of per- 
 
PROCEEDINGS IN CHANCERY — BILLS. Ill 
 
 sonal advantage to several of the ratepayers of the said 
 Township, in order to procure their ^'otes in favour of the 
 said By-law ; and that several of the said ratepayers of 
 the said Township were, by bribery and corruption, as 
 aforesaid, induced to vote, and did vote in favour of the said 
 By-law. 
 
 16. The plaintiffs charge, and the fact is, that the said 
 By-law was not duly passed by a majority of the duly 
 qualified ratepayers of the said Township, entitled to vote 
 upon the said By-law, but on the contrary, the majority 
 of the valid and legal votes recorded upon the said By- 
 law, was in favour of rejecting the same, and that the same 
 is not a valid and legal By-law. 
 
 17. After the said By-law was declared carried, as 
 aforesaid, the same was at a special meeting of the said 
 Council, held on the 21st day of September, 1871, read a 
 first, second and third time, before and passed by the said 
 Council, which said action of the said Council was, at a 
 meeting thereof held on the 2nd day of October, 1871, 
 confirmed by a resolution of the said Council, passed at 
 the said last mentioned meeting. 
 
 18. The plaintiffs show, that previous to the said By- 
 law having been submitted to the said ratepayers, as 
 aforesaid, the same had not been read a first time, or a 
 first and second time, as by law required, and the plain- 
 tifis submit and charge, that by reason of such omission 
 on the part of the said Council, the said By-law could 
 not legally be submitted to the votes of the ratepayers, 
 and was not capable of ratification, and is not a legal and 
 valid By-law. 
 
 19. Shortly after the said By-law was declared passed 
 by the said Council, as aforesaid, the agreement referred to 
 in the said By-law was duly signed and sealed on behalf 
 of the said Railway Company, and delivered into the cus- 
 tody of the defendant, J. M., who now has the same in 
 his possession; and the plaintiffs crave leave to refer 
 thereto when produced to this Court. 
 
 20. Sometime in the month of November, 1871, the 
 said Company having ascertained, as the fact was, that 
 they would not be able to obtain from the Government a 
 grant out of the said Railway Fund, as aforesaid, within 
 the period of three months from the passing of the said 
 By-law, and that they were therefore unable and could 
 not entitle themselves to call upon the said Township to 
 issue the Debentures provided for in the said By-law, 
 made some application to the said Council, or the mem- 
 bers thereof the nature whereof the plaintiffs are unable 
 
112 FORMS AND PRECEDENTS OF 
 
 to set forth, for the purpose and with the view of altering 
 the terms, conditions and stipulations of the said agree- 
 ment, so signed and delivered by the Railway Company, 
 as aforesaid, in order that the said Company might be put 
 in a position to demand the said Debentures from the said 
 Township, notwithstanding their failure to procure the said 
 grant within the said period. 
 
 21. On or about the 25th day of November, 1871, anew 
 agreement was drawn up, signed and delivered by the 
 said Railway Company to the said defendant, J. M., as 
 the Reeve of the said Council, in which said agreement 
 the stipulation and agreement hereinbefore set forth, with 
 respect to the said Railway Company obtaining the said 
 grant within three months from the passing of the said 
 By-law, was omitted and in lieu thereof was inserted a 
 proviso, that the said agreement was based upon the con- 
 tingency of obtaining from the Government of Ontario at 
 least the minimum amount authorized to be granted to 
 railways, as aforesaid ; and in the event of such aid not 
 being obtained, the agreement should, at the option of the 
 Company, be cancelled and rescinded ; but no time was 
 limited within which the said grant was to be obtained, 
 and no option to rescind the same was given to the said 
 Township, and the plaintiffs crave leave to refer to said 
 agreement when produced. 
 
 22. The plaintiffs show that the said last mentioned 
 agreement is materially different from the agreement upon 
 the faith of which the said Bjr-law was submitted to and 
 voted upon by the said ratepayers, and is in direct viola- 
 tion of the representations and understanding upon which 
 the said By-law was voted for and declared carried, as 
 aforesaid, and no By-law containing such alteration of the 
 terms and conditions of the said By-law was ever sub- 
 mitted to the said ratepayers, or assented to by them as 
 required by the Statutes hereinbefore referred to, nor was 
 the consent of the said ratepayers thereto ever obtained, 
 nor the proceedings prescribed by the said 196th Section 
 of the Municipal Act ever taken with regard thereto. 
 
 23. The said defendant J. M., as such Reeve as afore- 
 said assumed to accept the said last mentioned agreement 
 in lieu of and in substitution for the said former agree- 
 ment and he assumed to sign and seal the said Debentures 
 mentioned in the said By-Law, on behalf of the said 
 Township. 
 
 24. On the 1st day of January, 1872, the Election of 
 Reeve, Deputy Reeve and Councillors for the said Town- 
 ship, for the year 1872, was held pursuant to the statutes 
 
PROCEEBINGS IN CHANCERY — BILLS. US. 
 
 in that behalf, and the principal question upon which the 
 Electors of the said Township pronounced an opinion by 
 their votes, was the conduct of the then members with 
 regard to the said By-Law, and at such Election none of 
 the former members of the said Council were re-elected. 
 
 25. The defendant, J. M., having determined to aid the 
 said Railway Company in obtaining the said Debentures,, 
 caused a special meeting of the said old Council to b& 
 called at the instance, and request of the Directors of the- 
 said Railway Company, for the 8th day of January, 1872,. 
 and the said meeting was attended by the said J. M., 
 Reeve, W. C, Deputy Reeve and J. H., and W. H. L.,^ 
 Councillors ; the said D. H., not having received any 
 notice of such meeting as by law required, and at such 
 meeting a resolution was passed that the said Debentures 
 so signed and sealed by the said defendant J. M., on be- 
 half of the said Township, should be placed in the hands 
 of the Provincial Treasurer of the Province of Ontario, 
 and that the said defendant J. M., should deposit the 
 same forthwith, but the plaintiffs allege that the said 
 meeting was not duly called, and was wholly irregular ; 
 and that the said resolution could not and did not give 
 the said defendant J. M., any power or authority to 
 deposit the said Debentures as therein mentioned. 
 
 26. In pursuance of the said resolution, the said de- 
 fendant J. M., undertook to deposit the said Debentures 
 with the Provincial Treasurer, as aforesaid ; but before 
 depositing the same as directed by the said resolution, 
 the said defendant J. M., communicated the said resolu- 
 tion and his intention to deposit the said Debentures to 
 the defendant W. McG., who is the President of the said 
 Railway Company, and thereupon the said defendants J. 
 M., and W. McG., assumed to again alter the said agree- 
 ment entered into on the 2oth day of November, 1871, 
 by striking out and cancelling the proviso that in the 
 event of the said aid not being obtained, the said agree- 
 ment should at the option of the said Railway Company,, 
 be cancelled and rescinded. 
 
 27. The plaintiffs shew, that the said alteration was 
 made in the agreement theretofore signed and sealed on 
 the part of the said Railway Company, and the Munici- 
 paKty of the Township of Turnberry, and that the said 
 alteration was effected by striking out or obliterating with 
 a pen the proviso in the last preceding paragraph referred 
 to ; and the plaintiffs charge, and the fact is, that the 
 said defendant J. M., had not authority, nor was he em- 
 powered, on behalf of the said Municipality, to make or 
 8 
 
114 FOEMS AND PRECEDENTS OF 
 
 consent to any or such alteration, as aforesaid, and the 
 same was a -wholly unauthorized act on the part of the 
 said defendants. 
 
 28. After the said alteration had been eflfected, the said 
 defendant J. M. deposited the said Debentures with the 
 Provincial Treasurer of this Province, in whose custody 
 the same now are. 
 
 29. The said defendants, the Eailway Company, did 
 not, within the period of three months from the passing 
 of the said By-law, obtain, nor have they since obtained, 
 nor are they in a position to obtain from the Government 
 a grant out of the said Railway Fund in aid of their said 
 undertaking ; but, nevertheless, they insist and claim that 
 they are entitled to the benefit of the said Debentures, 
 and to have the same from time to time delivered to them 
 by the said Provincial Treasurer, in accordance with the 
 terms of the said By-law ; and they threaten, and intend 
 to and will, unless restrained by the injunction of this 
 Court, require and procure the said Provincial Treasurer 
 to deliver to them from time to time such portions of the 
 said Debentures as the amount of work certified to be 
 done, according to the terms of the said By-law will 
 enable them to demand. 
 
 30. The plaintiffs submit, that by reason of the said 
 By-law not having been read before the said Council, be- 
 fore the same was submitted to the ratepayers of the said 
 Township, as in the 18th paragraph hereof set forth, the 
 said Debentures could not be legally issued under the 
 authority thereof, and that the plaintiflTs and the other 
 ratepayers of the said Township are not bound by the 
 said By-law, and ought not to be called upon to meet or 
 pay the said Debentures. 
 
 31. The plaintiffs further submit that by reason of the 
 illegal votes recorded in favour of the said By-law, and by 
 reason of the same not having in fact been ratified or 
 passed by a majority of the ratepayers of the said Town- 
 ship qualified and entitled to vote thereon, and by reason 
 of a large number of votes in favour of the said By-law 
 having been procured by bribery and corruption practised 
 by and on behalf of the said Railway Company, the said 
 By-law is not binding on the plaintiffs and the other rate- 
 payers of the said Township, and that they ought not to 
 be called on to meet or pay the said Debentures. 
 
 32. The plaintiffs further submit that by reason of the 
 material alterations and variations of the said agreement 
 upon the faith of which the said By-law was voted for 
 and declared passed hereinbefore set forth, the said De- 
 
PROCEEDINGS IN CHANCERY — BILLS. 115 
 
 bentures have been illegally and improperlj' issued and 
 deposited with the Provincial Treasurer, and that they 
 ought to be deUvered up to be cancelled. 
 
 33. The plaintiffs further submit that the defendants 
 the Railway Company ought to be restrained from requir- 
 ing or procuring, or endeavouring to procure, the said Pro- 
 vincial Treasurer to deliver to them any of the said De- 
 bentures, and from in any other way dealing, or attempt- 
 ing to deal with the said Debentures or any of them. 
 
 34. The defendants the said M., and the said Railway 
 Company and the said McG., combined and confederated 
 together in order to procure the said resolution of the 8th 
 January, 1872, to be passed with the intent of fraudu- 
 lently obtaining the said Debentures to be issued contrary 
 to the contract with the said Township, upon which the 
 same had originally been agreed to be issued and contrary 
 to law, and the passing and acting upon such a resolution 
 was a fraud upon the ratepayers of the said Township. 
 
 35. The defendants J. M., and W. McG., have fraudu- 
 lently combined together in altering the said agreement, 
 and in aiding the said Railway Company to obtain the 
 said Debentures and the benefit thereof, notwithstanding 
 the failure of the said Railway Company to comply with 
 the terms and conditions of the agreement, upon the faith 
 of which the said By-law was declared passed, as afore- 
 said, and they ought to be ordered to pay the plaintiffs 
 costs of this suit. 
 
 The plaintiffs therefore pray — 
 
 1. That the said By-law may be declared ille- 
 gal and invalid, and may be set aside and 
 quashed ; and that the plaintiffs and the other 
 Ratepayers of the said Township may be de- 
 clared not liable to meet or pay the said Deben- 
 tures issued in pretended pursuance thereof, 
 as aforesaid. 
 
 2. That it may be declared that the said De- 
 bentures were illegally and improperly issued, 
 and that the same may be delivered up to be 
 cancelled. 
 
 3. That the said defendants the Railway Com- 
 pany and W. McG., their President, may be res- 
 trained by the Order and Injunction of this 
 Court from requiring or procuring, or endeavour- 
 ing to procure, the said Provincial Treasurer to 
 deliver to them any of the said Debentures, and 
 from dealing, or in any way attempting to deal 
 with the said Debentures, or any of them. 
 
116 
 
 FORMS AND PRECEDENTS OF 
 
 75. 
 
 Bill by creditor 
 to wind up 
 Joint Stock 
 Company. 
 
 75. 
 
 pany. 
 
 4. That the plaintiffs may be paid their costs 
 of this suit, and may have such further and 
 other relief as may appear just. 
 
 Bill by creditor to wind up Joint Stock Com- 
 
 In Chancery. 
 
 Between — J. M., on behalf of himself and all 
 other creditors of the defendants, the 
 P. L. A. and I. Company, who shall 
 come in and contribute to the ex- 
 penses of this suit Plaintiff, 
 
 and 
 The P. L. A. and I Company, J. H. 
 C, H. R, D. T., T. W., B, W. S., H. 
 R., J. S. D., J. T., and D. M. and C. 
 E. C, A. A. K, R. J. 0. and S. J. 
 B Defendants 
 
 City of Toronto. 
 
 To the Honorable the Judges of the Court of Chancery. 
 The Bill of Complaint of J. M., of the Township of 
 
 Vaughan, in the County of York, farmer, 
 
 Sheweth : 
 
 1. By an Act of Parliament of the late Province of 
 Canada, passed in the eighteenth year of the reign of Her 
 Majesty, Queen Victoria, Chapter 111, entitled "An Act 
 to incorporate the P. L. A. and I. Company," the defend- 
 ants, the P. L. A. and I. Company were duly incorporated 
 to carry on in the said Province of Canada, now forming 
 the Province of Ontario, and elsewhere, business such as 
 is usually entertained and carried on hj Life Assurance 
 and Investment Companies. 
 
 2. It was in and by the said Act provided, that thfe 
 capital stock of the said corporation should, until other- 
 wise determined as therein provided, consist of the sum 
 of £100,000, and should be divided into 5,000 shares of 
 £20 each, which shares should be, and the same were by 
 the said Act, vested in the stockholders in the said Com- 
 pany, their successors and assigns, according to the shares 
 and interests which they might subscribe, purchase, ac- 
 quire or hold in the same, and that the said stockholders 
 should pay their shares respectively when called upon to 
 do so by the Directors of the said Company. 
 
 3. It was also in and by the said Act provided, that so 
 soon as 2,500 of the said shares should have been sub- 
 
PROCEEDINGS IN CHANCERY — BILLS. 117 
 
 Bcribed for, and 20 per cent should have been actually 
 paid thereon, the said Company should have power and 
 legal authority to make and effect contracts of assurance 
 with any person or persons, bodies politic or corporate, 
 upon life or lives, or in any way dependant upon life or 
 lives, and to grant or seU annuities, either for hves or 
 otherwise, and on survivorships, and to purchase annu- 
 ities, to grant endowments for children or other persons, 
 and to receive investments of money for accumulation, to 
 purchase contingent rights, whether of reversion, remain- 
 der, annuities, life policies, or other, and generally to en- 
 ter into any transactions depending upon the contin- 
 gency of life, and all other transactions usually entered 
 into by Life Assurance Companies, including reassurance. 
 
 4. It was further in and by the said Act provided, that 
 the business of the said Company should be conducted by 
 a Board of twelve Directors, one of whom should be 
 chosen President, one Vice-President, and one Managing 
 Director, and that a general meeting of the stockholders 
 of the said Company should be holden in the City of To- 
 ronto, at the place of business of the said Company, on 
 the first Tuesday in the month of June, in each and every 
 year, and that at such meetings the three Directors whose 
 names should stand first on the roll or list of Directors, 
 should be held to vacate their seats, and that the stock- 
 holders should proceed to elect by ballot three stockholders 
 to serve as Directors for the ensuing four years, and that 
 if any Director of the said Company should die, resign, 
 or become disqualified or incompetent to act as a Director, 
 the remaining Directors, if they should think proper so to 
 do, might elect in his place any stockholder duly qualified 
 to be a Director. 
 
 .5. And it was further in and by the said Act provided, 
 that the Directors of the said Company should have the 
 management and superintendence of the affairs of the said 
 Company, and might lawfully exercise all the powers of 
 the said Company, and might use and afibc, or caused to 
 be used and affixed, the seal of the Company to any docu- 
 ment or paper which in their judgment might require the 
 same, and might make and enforce the calls upon the 
 shares of the respective shareholders, and might appoint 
 the times and places of holding meetings, and might 
 divide and allot among the assurers, upon the participa- 
 tion scale, so much of the profits realized from that branch, 
 and might make anj- payments and enter into all con- 
 tracts for the execution of the purposes of the Company, 
 and do and perform all other matters and things necessary 
 
118 FORMS AND PRECEDENTS OF 
 
 for the transaction of the affairs of the said Company, and 
 might generally deal with, treat, sell, and dispose of, and 
 exercise all other acts of ownership over the lands, pro- 
 perty and effects of the said Company in such manner as 
 they should deem exi)edient and conducive to the benefit 
 of the said Company ; but for further particulars of the 
 powers of the said Directors, and of the business to be 
 carried on by the said Company, the plaintiff craves leave 
 to refer this Honourable Court to the said Act. 
 
 6. It was also in and by the said Act provided, that the 
 shares of the said capital stock should be transferable, 
 but that no transfer should be valid until sanctioned and 
 approved by the Directors, and duly registered in a book 
 or books to be kept for that purpose by the Secretary, and 
 that after any call had been duly made no person should 
 be entitled to sell or transfer any share he might possess, . 
 until he should have paid aU calls, for the time being, due 
 on any share held by him. 
 
 7. It was also in and by the said Act provided, that if 
 any stockholders should, for the space of thirty days, 
 next after such call, neglect or refuse to pay his ratable 
 share he should forfeit the sum of ten shillings for each 
 share, and in case he should continue to refuse or neglect, 
 for the space of sixty days, to pay such call, the Directors 
 might declare such shares forfeited, or might sue such de- 
 faulting stockholder for the amount of such call. 
 
 8. And it was also in and by the said Act provided, 
 that the said Directors should cause to be yearly pre- 
 pared and submitted to the said stockholders at the annual 
 meeting a full and correct statement of the accounts of 
 the said Company, the receipts and expenditures of the 
 past year, the number of the policies issued, the amount 
 covered by policies in force, together with a general ab- 
 stract of the estimated liabilities and assets of the Com- 
 pany, a copy of which statement, under the hand of the 
 Managing Director, and countersigned by the Secretary, 
 should be transmitted to every shareholder and to the 
 several branches of the Legislature of the then Province 
 of Canada. 
 
 9. Shortly after the passing of the said Act, the said 
 Company commenced business in the said City of Toronto, 
 and the whole of the said shares, being in number 5,000, 
 were duly taken up and subscribed for, and twenty per 
 cent, thereof was actually paid thereon, or on a sufficient 
 part thereof to comply with the provisions of the said 
 Act, and entered upon their several duties, and in every 
 way the said Company became and were entitled to carry 
 
PROCEEDINGS IN CHANCERY — BILLS. 119 
 
 on the businesses which the said Act permitted them to 
 enter into. 
 
 10. The said Company, in the course of their said busi- 
 ness and under the powers granted to them by the said 
 Act, received money on deposit from several persons for 
 the purpose of investing the same and accumulating the 
 interest thereon for the benefit of the said depositors, and 
 also assured the lives of different persons, and thereby, iik 
 many other different ways, became indebted to several dif- 
 ferent persons. 
 
 11. The said Company was duly and lawfully carrying 
 on business in the years 1858 and 1862 and subsequently. 
 In the year 1858 the plaintiff deposited with the said 
 Company the sum of $200, at interest at the rate of 7^ 
 per cent, per annum, and in the year 1862 the plaintiff de- 
 posited with the said Company the further sum of $905.- 
 63 at interest at the rate of 7| per cent, per annum. It 
 was before and at the respective times of the said deposits 
 agreed and understood by and between the said Company 
 and the plaintiff that the said Company should pay the 
 interest upon the said deposits to the plaintiff half-yearly, 
 and that the plaintiff should be at any time entitled to 
 withdraw his said deposits, upon giving to the said Com- 
 pany one month's notice of his wish so to do. 
 
 12. The said Company duly paid the interest upon the 
 said deposits up to the 28th day of November, 1867, but 
 since such last mentioned date the said Company have 
 neglected and refused, and still neglect and refuse to pay 
 any interest upon the said deposits. Since the year 1867 
 the plaintiff gave the said Company due and sufficient no- 
 tice that he wished to withdraw from the said Company 
 the amount of his said deposits, and he ha§ on several dif- 
 ferent occasions demanded from the said Company the 
 amount of his said deposits, but the said Company have 
 neglected and refused, and still neglect and refuse to pay 
 the amount of the said deposits or any part thereof. 
 
 13. In or about the month of January, 1872, the plain- 
 tiff commenced an action against the said Company in 
 Her Majesty's Court of Queen's Bench for Ontario, to re- 
 cover the amount of the said deposits and interest, and in 
 or about the month of April, 1872, the plaintiff recovered 
 a judgment against the said Company for the sum of 
 $1449.79 damages and costs, and on or about the I9th 
 day of April, 1872, the plaintiff caused a writ of fieri 
 fadas to be issued out of the said Court on his said judg- 
 ment against the goods and chattels of the said Company, 
 directed to the Sheriff of the County of York, being the 
 
120 FORMS AND PRECEDENTS OF 
 
 County in which the said Company always had their 
 place of business, and on or about the said 19th day of 
 April, 1872, the said writ was duly placed in the hands 
 of the said Sheriif, endorsed to levy the amount of the 
 said judgment debt and cost of writs, &c., but the said 
 Sheriff subsequently returned the said writ nulla bona. 
 
 14. The plaintiff has been unable to recover anything 
 from the said Company, on account of his said judgment, 
 a.nd the said Company is now indebted to the plaintiff in 
 the full amount of the said judgment, together with sub- 
 sequent interest and costs, and the said Company have 
 no available assets out of which the plaintiff can recover 
 the amount of his said debt and interest or any part 
 thereof, and it is absolutely necessary that the plaintiff 
 should apply to this Honourable Court in order to obtain 
 payment of the amount due to him. 
 
 15. Shortly after the payment of the last instalment of 
 interest to the plaintiff, or about the time the same was 
 paid, the said Company ceased to carry on business, and 
 were only in operation for the purpose of winding up the 
 affairs of the said Company, and since the year 1867 the 
 said Company have done no new business, but have been 
 in course of liquidation. 
 
 16. On or about the 1st day of June, 1868, the Direc- 
 tors of the said Company held their annual meeting pur- 
 suant to the said Act, and the said Directors, pursuant to 
 the said Act, caused a report to be prepared of the affairs 
 •of the said Compan}"-, and the same was signed by the de- 
 
 ' fendants, H. R., and D. T., and by one J. B., and was 
 printed and distributed amongst the stockholders of the 
 said Company, but for particulars of the said report the 
 plaintiff craves leave to refer this Honourable Court to 
 the same when it shall be produced. 
 
 17. It appears upon the face of the said report, and the 
 facts are that the said Company had, previous to such 
 meeting, appointed certain of the Directors of the said 
 Company a committee for the purpose of winding up the 
 affairs of the said Company, and that the said committee 
 had, previous to the said meeting, been winding up the 
 affairs of the said Company, and had received certain of 
 the assets of the said Company and paid and applied the 
 same in liquidation and satisfaction of certain policies of 
 assurance which had been effected with the said Company. 
 
 18. A statement of the assets and liabilities of the said 
 Company was also prepared and laid before the said meet- 
 ing, and from such statement it appears, and the facts are 
 that the debts and liabilities of the said Company were 
 
PROCEEDINGS IN CHANCERY — BILLS. 121 
 
 $4,714.97 in excess of the assets of the said Company, and 
 that the said Company was hopelessly insolvent and un- 
 able to pay their debts in full out of their assets. 
 
 19. Previous to the said meeting the said Directors had 
 duly made calls upon the stock of the said Company, and 
 had duly notified the stockholders, and amongst others 
 the defendants, of such calls and had demanded from such 
 stockholders, and amongst others from the defendants, 
 the amounts of such calls. 
 
 20. At such meeting the said Committee were directed 
 to continue to wind up the affairs of the said Company, 
 and the said Directors were authorized to sue the stock- 
 holders in arrear for the amounts of their unpaid calls. 
 
 21. At such meeting the defendants B. W. S., D. M., 
 and J. T., were duly elected three of the Directors of the 
 said Company in the place of the three Directors who had 
 retired. 
 
 22. The defendants, J. H. C, H. R, T. W., B.W. S., H. R, 
 J. S. D., J.T., D. M., together with W. S., E. B,, G. S. B., 
 and J. B., were the last duly elected and appointed Direc- 
 tors of the said Company, and no other person or persons 
 since the aaid first day of June, 1868, has or have been 
 elected or appointed a Director or Directors of the said 
 Company. 
 
 -3. There has been no annual meeting of the said Com- 
 pany since the one held on the first day of June, 1868, and 
 no report or statement of the accounts or position of the 
 said Company has been prepared or furnished since the 
 said Report presented on the first day of June 1868, but 
 the said Directors have neglected and still neglect to carry 
 on the affairs of the said Company, or to wind up the 
 same, or to furnish or make up any statement of the affairs 
 or position of the same. 
 
 24. The said E. B., and G. S- B., are now dead, but no 
 Directors have been elected in their places, and the said 
 W. S., has left the Province of Ontario and is now per- 
 manently residing in the Pro\'ince of New Zealand, out of 
 the jurisdiction of this Honourable Court, and the said 
 J. B. has also left the Province of Ontario and is now 
 permanently residing in the State of Kansas, one of the 
 United States of America, out of the jurisdiction of this 
 Court, but the other Directors sufficiently represent the 
 Directors of the said Company, and the said J. B., and 
 W. S., have not nor has either of them any rights or in- 
 terests separate from those of the other Directors. 
 
 25. The said Company have now no office or place of 
 business, and have no Secretary, and have had none for 
 some years past, and the books, papers, and assets of the 
 
122 FORMS AND PRECEDENTS OF 
 
 said Company are in the possession or under the control 
 of the said defendant, H. R. 
 
 26. The stock of the said Company was taken up and 
 subscribed to by a very great number of persons, and the 
 stock of the said Company is now held by a very great 
 number of persons, several of them holders of from one 
 to five shares, and the holders of the said stock are too 
 numerous to be made parties to this cause, and it would 
 be almost impossible for the plaintiff to proceed with this 
 cause, and the expense attending the same would be very 
 large were he compelled to make all the shareholders of 
 the said Company parties to this suit. 
 
 27. The defendants, J. H. C, H. R., and D. T., are res- 
 pectively President, Vice-President and Managing Director 
 of the said Company and stockholders thereof to a large 
 amount, and the defendants, T. W., B. W. S., H. R, J. S. 
 D., J. T., and D- M., are Directors of the said Company 
 ana stockholders thereof to a large amount, and the de- 
 fendants C. E. C, A. A. E., R. J. 0., and S. J. B., are 
 stockholders of the said Company, to the extent of twenty- 
 seven shares, and sufficiently represent for the purposes of 
 this suit the other stockholders of the said Company. 
 
 28. The said defendants, other than the defendants, 
 the Company, sufficiently represent and protect the rights 
 and interests of the stockholders of the said Company, who 
 are not parties to this suit, and the stockholders who are 
 not.parties to this suit have no separate rights or interests 
 other than those of the said defendants, and wiU not suf- 
 fer any loss or injury by not being made parties de- 
 fendants. 
 
 29. Besides the plaintiff, there are several other credi- 
 tors of the said Company whose claims are unpaid, buD 
 the plaintiff sufficiently represents their rights and inter- 
 ests for the purposes of this suit, and they wiU not, nor 
 will the defendants be prejudiced by their not being made 
 parties hereto, and the said other creditors have no sepa- 
 rate interests from the plaintiff. 
 
 30. The defendants (other than the Company) and the 
 other stockholders of the said Company have not paid up 
 the full amount of the calls made by the Directors of the 
 said Company, and have not paid up the fuU amount of 
 their stock, and the' said defendants (other than the Com- 
 pany) and the other stockholders of the said Company 
 are now indebted to the said Company in large sums of 
 money on account and in respect of the stock of the said 
 Company held by them, and they neglect and refuse to 
 pay the same. 
 
PROCEEDINGS IN CHANCERY — BILLS. 123 
 
 31. The defendants (other than the defendants, the 
 Company and the defendants C. E. C, R J. 0., and S. J. 
 B.,) are collecting the assets of the said Company, and 
 they threaten and will continue to collect the assets of 
 the said Company, unless restrained by the order and in- 
 junction of this Honourable Court. 
 
 32. In order to realize the amount due to the plaintiff 
 from the various stockholders of the said Company, it 
 would be necessary to bring a great number of separate 
 actions at law, and the plaintiff would be put to great 
 loss of time, trouble and expense, whereas the amount 
 due to the plaintiff and the other creditors of the said 
 Company can be realized in this suit with less expense 
 and in less time. 
 
 33. The plaintiff does not know the state or condition 
 of the affairs of the said Company, and does not know all 
 the stockholders of the said Company, nor the amounts 
 due and owing by them respectively, and it is necessary, 
 in order for the plaintiff to obtain full and adequate relief, 
 that a discovery should be made by the defendants of the 
 affairs and position of the said Company and of the names 
 of the stockholders thereof, and of the amounts due from 
 them respectively, and the plaintiff could not, without 
 such discovery, safely proceed at law. (a). 
 
 34. The plaintiff submits that he is entitled to have the 
 affairs of the said Company wound up under the direc- 
 tion of this Honourable Court, that he is entitled to have 
 an account taken of the amounts due by the several stock- 
 holders of the said Company upon their respective shares 
 of the stock of the said Company, that the several stock- 
 holders who have not paid the calls pursuant to the de- 
 mand made by the Directors of the said Company, are 
 liable in addition to amount of their calls for the pay- 
 ment of the sum of ten shillings upon each share held by 
 them respectively, and that he is entitled to the relief 
 sought by him by this Bill without making all the stock- 
 holders or Directors parties to this Bill, and that the rights 
 and interests of such stockholders or Directors will be 
 sufficiently protected by being made parties (if necessary) 
 in the Master's office. 
 
 35. The plaintiff also submits that he is entitled to 
 have a Receiver appointed to collect and get in the out- 
 standing assets of the said Company and the balance due 
 upon calls already made, and that he is also entitled to 
 an injunction restraining the defendants, the Directors, 
 from collecting any further money on account of the said 
 
 (a) But see now Administration of Justice Act 1873, a. 24. 
 
124 FORMS AND PRECEDENTS OF 
 
 Company, and from further intermeddling with the affairs 
 of the said Company. 
 
 36. The plaintiff also submits that if the amounts un- 
 paid upon the said stock are insufficient to pay the debts 
 and liabilities of the said Company and the costs of this 
 suit, the stockholders are personally liable for the de- 
 ficiency. 
 
 37. The plaintiff also submits that he should be de- 
 clared entitled to be paid his costs, charges and expenses 
 of this suit between Solicitor and Client. 
 
 38. The plaintiff therefore prays : — 
 
 1. That the said Company may be ordered to 
 pay to the plaintiff the amount of his said judg- 
 ment debt, and the interest and the costs of this 
 suit, and in default thereof, that the affairs of the 
 said Company may be wound up and adminis- 
 tered under the direction of this Honourable 
 Court. 
 
 2. That an account may be taken of the out- 
 standing assets and liabilities of the said Com- 
 pany, and an account taken of what disposition 
 has been madeof the assets, property and moneys 
 of the said Company by the Directors of the 
 said Company. 
 
 3. That an enquiry may be made as to who 
 are the stockholders of the said Company, and, 
 who were such stockholders at the time the said 
 Company became insolvent, or ceased to carry 
 on business, and when to whom such last men- 
 tioned stockholders assigned their stocks, and 
 whether such last mentioned stockholders are 
 still liable in respect of such stock. 
 
 4. That the stockholders of the said Company 
 may be made parties hereto in the Master's 
 office, and their respective rights and liabilities 
 ascertained. 
 
 5. That an account and enquiry may be taken 
 and made of what is due from the several stock- 
 holders of the said Company, and to what extent 
 and in what proportion the said stockholders are 
 liable for the debts and liabilities of the said 
 Company. 
 
 6. That the stockholders of the said Company 
 may be ordered to pay to the plaintiff and the 
 other creditors of the said Company the amounts 
 
 • found due to the plaintiff and the other creditors 
 of the said Company. 
 
PROCEEDINGS IN CHANCEEY — ^BILLS. 125 
 
 7. That a Receiver may be appointed to col- 
 lect and get in the outstanding assets and pro- 
 perty of the said Company, and to collect and 
 get in the amounts due from the several stock- 
 holders upon the calls heretofore made by the 
 Directors of the said Company, including the 
 sum of ten shillings chargeable as aforesaid in 
 respect of each share held by such stockholders, 
 and that the said defendants, the Directors, may 
 be restrained bj' the order and injunction of this 
 Honourable Court from collecting, selling, or in 
 any way intermeddling with the property, assets 
 and liabilities of or due to the said Company. 
 
 8. That the plaintiff may be paid his costs, 
 charges and expenses of this suit between Solici- 
 tor and Client. 
 
 9. For the purposes aforesaid, that aU proper 
 directions may be given and accounts taken, and 
 that the plaintiff may have such further and 
 other relief as may seem meet. 
 
 And the plaintiff will ever pray, &c. 
 
 16. Bill against shareholders of Joint Stock Company, 76- 
 hy creditor of the Company for payment of debt. staSSrs of 
 
 Joiut Stock 
 Company by 
 creditors of the 
 
 and J. N Pkintiffs, ^^lU^ 
 
 In 
 
 Chancery 
 
 
 
 
 
 Between- 
 
 -N. D., J 
 and 
 
 . I. 
 
 D., 
 
 
 
 TheO. 
 
 W. 
 
 , P, 
 
 
 
 G. A., 
 
 J. 
 
 L., 
 
 debt. 
 
 Company of Toronto, 
 J. McM., and J. D., 
 Defendants. 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The Bill of Complaint of N. D., J. I, D., and J. N., of 
 the City of Toronto, in the County of York, and Province 
 of Ontario, Iron Founders, who sue as well on their own 
 behalf as on behalf of all the creditors of the defendants, 
 the O. W. P. Company of Toronto, humbly complaining, 
 Sheweth as follows : 
 
 1. The defendants, the O. W. P. Company of Toronto, 
 are a body corporate within the Province of Ontario, in- 
 corporated by virtue of Letters Patent issued under the 
 Great Seal of the Province of Ontario, in pursuance of 
 certain statutes in that behalf in force in the said Pro- 
 vince. 
 
 2. The plaintiffs, on the 8th day of January, 1872, re- 
 coYered a judgment in the Court of Common Pleas in 
 
126 FORMS AND PRECEDENTS OF 
 
 Ontario against the defendants, the 0. W. P. Company of 
 Toronto, for $4<,984 58 damages and $64 22 costs. 
 
 3. On the same day the plaintiflFs sued out upon the 
 said judgment a writ oi. fieri facias against the goods and 
 chattels of the said defendants, the O. W. P. Company of 
 Toronto, directed to the Sheriff of the County of York, 
 and on the same day delivered the same to the said Sheriff 
 to be executed. 
 
 4. The said Sheriff under the said writ seized and took 
 in execution and sold all the goods and chattels of the said 
 defendants the 0. W. P. Company of Toronto, which 
 could he seized and taken in execution, and made upon 
 the said execution the sum of $1,400 ; but there still is 
 due to the plaintiffs on account of the said judgment the 
 balance of the said judgment debt, interest and costs. 
 
 5. There are also divers other creditors of the said de- 
 fendants the 0. W. P. Company of Toronto, whose claims 
 are unsatisfied. 
 
 6. There is no other fund, and there are no assets of the 
 defendants, the 0. W. P. Company of Toronto, available 
 for payment of the debt of the plaintiffs, except the sums 
 due upon the stock hereinafter mentioned. 
 
 7. The defendants, other than the defendants the 0. W. 
 P. Company of Toronto, are the Directors of the said Com- 
 pany, and are the holders of 1,310 shares in the stock 
 thereof, but in what shares and proportions the plaintiffs 
 are unable to set forth. 
 
 8. No more than 1,310 shares of the stock of the Com- 
 pany were subscribed or taken up. 
 
 9. The amount of the stock of the said Company held by 
 the said defendants, other than the defendants the 0. W. P. 
 Company of Toronto, is $131,000, upon which the said de- 
 fendants, other than the Company, have paid the sum of 
 $8,000 and no more, and a balance of $123,000 is still due 
 from the said defendants, other than the defendants the 
 0. W. P. Company of Toronto, to the said last-named de- 
 fendants, in certain proportions which the plaintiffs are 
 unable accurately to set forth. 
 
 10. The defendants, other than the O. W. P. Company 
 of Toronto, have in their possession aU the stock books 
 and other papers of the defendants the O. W. P. Company 
 of Toronto, and refuse to aUow the plaintiffs to inspect the 
 same or to furnish any information respecting the amount 
 of stock held by the said several defendants, other than 
 the 0. "W". P. Company of Toronto. 
 
 11. The said defendants the 0. W. P. Company of 
 Toroiito have ceased their operations, and do not intend 
 to commence the same again. 
 
PROCEEDINGS IN CHANCERY — BILLS. 127 
 
 12. The plaintiffs applied to the defendants, other than 
 the 0. W. P. Company of Toronto, to make payment of 
 the balance of the said judgment, and for that purpose to 
 compel payment of the balance of the amounts due 
 from the defendants, other than the 0. W. P. Company 
 of Toronto, to the said defendants the 0. W. P. Com- 
 pany of Toronto, upon the said stock subscribed by 
 them respectively, but the said defendants, other than 
 the 0. W. P. Company of Toronto, refuse -so to do. 
 
 13. By the terms of the cliarter of the said Company 
 and of the said statutes, it is provided that in the event of 
 the property or assets of the said Company becoming insuffi- 
 cient to liquidate the liabilities or engagements thereof, the 
 shareholders of its stock shall be individually liable for 
 the deficiency, and shall contribute thereto ratably, but to 
 no greater extent than to an amount equal to that not 
 paid up on the said stock held by them respectively. 
 
 14. The plaintiffs are unable in Courts of Law to re- 
 cover their debt, and their only remedy is in this Honour- 
 able Court, as well to avoid circuity of action and a num- 
 ber of actions as to ensure a ratable contribution from the 
 said defendants the shareholders. 
 
 The plaintiffs therefore pray as follows : — 
 
 1. That they may be paid the amount of their 
 said debt, or, in default thereof, that the de- 
 fendants, other than the 0. W. P. Company of 
 Toronto, may be ordered to contribute in pro- 
 portion to their several liability, and thereby to 
 pay up, so far as may be required, 'the balance 
 due upon the stock held bythem, and thatthe same 
 may be applied in payment of the amount of the 
 claim of the plaintiffs and the said other credi- 
 tors. 
 
 2. That the plaintifis may have such further 
 and other rehef as to this Honourable Court may 
 seem meet. 
 
 3. That the plaintiffs may be paid their costs 
 of suit. 
 
 4. That for the purposes aforesaid all proper 
 directions be given and accounts taken. 
 
 And the plaintiffs will ever pray. 
 
128 
 
 FOKMS AND PRECEDENTS OF 
 
 77. 77. Bill hy Joint Stock Company to set aside secret 
 
 sScompany fraudulent agreement entered into by Defendants with, 
 s:,^etf^uduientP-o™o*«^ "^f ^^^ Company. 
 
 a^eement en- 
 
 tered into by 
 Defendants 
 with promoter 
 of Company. 
 
 In Chancery 
 
 Between the C. 0. K. Company Limited, 
 
 Plaintiff, 
 and 
 E. H. and H. F. H Defendants. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of the C. 0. E,. Company Limited, 
 humbly complaining, sheweth as follows : 
 
 1. Previously to and in the year 1869 the defendants 
 were carrying on a small business in copartnership as 
 manufacturers of lubricating oil and grease at St. Catha- 
 rines, Ontario, under the style or firm of " H. and H.," 
 and the defendant H. F. H. claimed to have discovered 
 certain processes much less expensive than those com- 
 monly in use whereby the crude oil of Canada might be 
 manufactured into carbon or burning oils free from offen- 
 sive smells, and superior in all respects to the carbon and 
 oils produced from the crude oil of the United States, and 
 he also claimed to have discovered a process whereby the 
 residuum or tar which remains after the crude oil has been 
 refined for the purpose of extracting carbon oils there- 
 from could be utilized for the manufacture of a lubiicat- 
 ing oil having no equal either in Europe or America. 
 The defendant E. H. was by virtue of the contract of co- 
 partnership jointly interested with the defendant H. F. 
 H. in aU the said processes. 
 
 2. In the year 1869 the defendants were desirous of 
 forming a Company for the purpose as, they alleged, of 
 raising additional capital to enable them to extend their 
 business and they entered into negotiations with a Mr. 
 T. H., of St. Clement's House, St. Clement's Lane, in the 
 City of London, and after considerable correspondence the 
 said T. H. undertook to form and organize such Company 
 upon certain terms which were embodied in the following 
 agreement : — 
 
 " This agreement, made and entered into this 28th 
 " day of March, A. d. 1870, between E. H. and H. H., 
 " trading under the firm of H. and H., as manufac- 
 " turers of lubricating oils and grease at St. Cath- 
 " arine's, Ontario, Canada, of the one part, and T. H., 
 " of Saint Clement 's House, Saint Clement's Lane, in 
 " the City of London, of the other part, witnesseth : 
 
PKOCEEDINGS IN CHANCERY — BILLS. 129^ 
 
 Whereas the said H. and H. have applied, by letter 
 " to the said T. H., to form a Company for the pur- 
 " pose of purchasing their patents, processes and in- 
 " ventions for and in the manufacture of lubricating 
 ' oils and grease upon the following terms and con- 
 ' ditions, to wit : The capital stock of the said Com- 
 " pany to be <£100,000 or £150,000 sterling as the 
 " said T. H. may deem expedient. The said Com- 
 " pany to pay the said H. and H. from the said capi- 
 "tal stock of said Company the sum of £12,000 ster- 
 " ling in cash and the further sum of £38,000 sterling 
 " in paid-up shares in said Compan}', the same to be 
 " paid to said H. and H. upon their transfer to the 
 " said Company for the said Company's sole use and 
 " benefit of all their patents, processes and inventions 
 " for the manufacture of carbon, parafine and lubii- 
 " eating oils and grease. The said H. and H. hereby 
 " agree upon such payment as above specifiedto assign 
 " and transfer and sell to the said Company all their 
 " patents, processes and inventions for the manufac- 
 " ture of the oils and grease aforesaid for their the 
 " said Company's sole use and benefit. And the said 
 " H. and H. give to the said T. H. full power and 
 " authority to form such Company as aforesaid upon 
 " the terms and conditions above named, and to do all 
 " that may be necessary in their name for the perfect- 
 " ing and establishing such Company. And they do 
 " further agree to execute any documents, agreements 
 " or deed which may be necessary for the purpose of 
 " carrying out this agreement or any of the details 
 "thereof The said H. and-H. further agree to pay 
 " to the said T. H. for his services and expenditure 
 " the sum of £5,000 sterling cash and further sum of 
 " £10,000 sterling in paid-up shares in the said Com- 
 " pany. The £5,000 sterling to be so paid to said 
 " T. H., to be taken from the cash bonus of £1 2,000 
 " sterling paid by the said Company to said H. and 
 "H. The £10,000 sterling in paid-up shares of the 
 " said Company to be so paid to the said T. H., to be 
 " taken from the ,£38,000 sterling of paid-up shares 
 " paid to the said H. and H. by the said Company 
 "for the bonus in the sale to the said Company 
 " of their patents, processes and inventions. But in 
 " case the said T. H. shall fail in his undertaking, and 
 " shall not form such Company upon the terms and in 
 " manner hereinbefore mentioned, and within the 
 " time hereinafter specified, then and in that case the 
 9 
 
130 FORMS AND PRECEDENTS OF 
 
 " said H. and H. shall not pay the said T. H. any- 
 " thing for his services and expenditure. The said 
 " T. H. upon his part hereby agrees to organize and 
 " form such Company upon the terms and conditions 
 " herein mentioned, and he the said T. H. further 
 " agrees to pay all the expenses thereby incurred and 
 " do all that is necessary to be done in bringing the 
 " enterprise promptly before the public, and use his 
 '■ utmost endeavours to bring the negotiations to a 
 " speedy issue. The said T. H. further agrees that 
 " the said H. and H. are to incur no liability of any 
 " kind or nature in the formation of the said Com- 
 " pany except in the payment of the said T. H. of 
 " said bonus as hereinbefore specified. And it is fur- 
 " ther agreed by the said H. and H. and by the said 
 " T. H. that this contract shall remain in full force 
 " and effect until the first of April A. P. 1871, and no 
 " longer." 
 
 3. The said agreement was duly signed and sealed by 
 the defendants on their own behalf and by one J. J. H., a 
 son of the said T. H., on behalf of the said T. H. 
 
 4. In pursuance of the said agreement the' said T. H. 
 induced several persons of standing and respectability to 
 undertake to become directors of the Company so to be 
 formed by him, andearlj^in the year 1871 a prospectus of 
 the proposed Company, with a capital of £150,000, in 
 30,000 shares of £5 each fully paid up, of which 13,000 
 only were to be offered to the public at par, was prepared 
 and issued by the said T. H. and the defendant H. F. H. 
 The names of the directors as set forth in the prospectus 
 were as follows : — 
 
 Colonel J. A. C, late Governor of New Brunswick. 
 
 C. J. F., Esquire (Messieurs F. Brothers), Great Saint 
 Helens, E.G. 
 
 T. H., Esquire, Saint Clement's House, Clement's Lane 
 E.G. 
 
 F. L., Esquire, Bournemouth, and Athenaeum Glub, 
 Pall Mall. 
 
 W. T., Esquire, 106 Upper Thames Street, E.G., Direc- 
 tor of the Great Laxey Mining Company. 
 
 5. The prospectus, after setting forth the valuable 
 character of the improvements purported to have been 
 effected by the processes of the defendants in the manu- 
 facture of carbon and lubricating oils, proceeded as fol- 
 lows : — 
 
 " Messrs. H. and H., requiring additional capital to 
 "erect the necessary works and machinery and pur- , 
 
PROCEEDINGS IN CHANCERY — BILLS. 131 
 
 " chase the surplus stock of crude oil to enable them 
 " to meet the rapidly increasing demand for their 
 " lubricating and other oils, have agreed to assign to 
 " this Company all their plant, patents, processes and 
 "inventions for the manufacture of Canadian and 
 " other oils for the sum of £50,000, of which amount 
 " they have stipulated to retain an interest in the 
 " Company in paid-up shares to the extent of £38,000 
 " and to continue in the management of the works, 
 '' receiving in cash the sum of £12,000 only. 
 
 " As the Company intend to continue the purchase 
 " of crude oil and residuum, and not to become in- 
 " terested in oil wells or land, it will be manifest that 
 " this is not in any respect a speculation, but the mere 
 " extension of a certainand highly profitable business." 
 The prospectus further states (among other things) 
 that — 
 
 " The Royal Mail Line of steamers, the Ottawa 
 "Steamboat Company, the Quebec and the Allan 
 " Line of steamers have offered to take the straw- 
 " coloured oils (being some of the oils alleged to be 
 " manufactured by the defend ants) for all their vessels, 
 " and other orders from Railway and Steamboat Com- 
 " panics have been declined from the mere inability 
 " at present to manufacture to the extent required." 
 And further: — 
 
 " The manufacture of the black oil under a separate 
 " patent, for which there is an enormous demand for 
 " railways in America, will be continued under the 
 " superintendence of Messrs H. and H. from the re- 
 " siduum, while the new works are being erected for 
 " the distillation of crude oil.'' 
 6. On the faith of the statements contained in the 
 said prospectus, which is to be treated as if herein set forth 
 at length, shares were applied for by the general public, 
 and on or about the 23rd February, 1871, the Plaintiff 
 Company was duly registered and incorporated under the 
 Companies' Acts 1862 and 1867, having its registered 
 ofBce in England. The objects for which the Company 
 was established, as defined in its Memorandum of Associa- 
 tion, were to purchase the patents processes and inventions 
 or other rights of the defendant H. F. H. for improvements 
 in continuous distilling apparatus for distilling petroleum 
 and other kinds of oil to work such patents, processes and 
 inventions and to carry on business therein, to take out 
 or purchase patents, to grant licences to work patents in 
 the United Kingdom and colonies and in other countries. 
 
132 FORMS AND PB.ECKUENTS OF 
 
 to employ machinery, to purchase or lease or otherwise 
 acquire and hold land and premises, to purchase or lease 
 or otherwise acquire machinery ; to purchase or hire or 
 construct vessels, roads, railways, wharves, landing-stages 
 and other adjuncts for shipping; to purchase the business 
 of any other Company carrying on business similar to 
 that of the Plaintiff Company, to buy and sell produce and 
 materials ; to sell or lease the Company's patent rights, 
 business, land and premises, or a part or portion thereof; to 
 employ agents and labour, and to do all such other things 
 as are incident or conducive to the attainment of the 
 above objects. 
 
 7. The said agreement of the 28th March, 1870, was 
 not noticed or referred to in the said prospectus, pursuant 
 to the provisions of the Companies' Act, 1867, and was in 
 fact concealed from the applicants for shares in the Plain- 
 tiff Company and from the public generally. 
 
 8. The said prospectus sets out certain letters addressed 
 to the defendants in the nature of testimonials, to which 
 credit was given by the applicants for shares, but at least 
 one of such letters, viz. that dated 1st June, 1870, and 
 signed " E. E.," was obtained by collusion with the writer 
 thereof, with a view of inducing the belief that the busi- 
 ness of the defendants was much more extensive than in 
 fact it was and that they had a very considerable market 
 for their oils. The said E. E., who by the said letter 
 purports to give an order to the defendants for a supply 
 of oil at the rate of 500 barrels a week, was never in a 
 position to enter upon any such transaction, and was in 
 fact one of the persons subsequently employed by the 
 defendant H. F. H. to assist in constructing a wharf on 
 the Plaintiff Company's land at Samia, in the Dominion 
 of Canada. 
 
 9. Notwithstanding the statements contained in the 
 said prospectus as to the manufacture by the defendants 
 of carbon oils from crude oil, and the reference to samples 
 therein made, such oils were never in fact manufactured 
 by them in the ordinary course of their business or in any 
 large quantity, and the Plaintiff Company charges that 
 the samples, if made by them at all, were merely made by 
 way of experiment only and with the view of entrapping 
 the public into the belief that they were samples of a 
 commodity which the defendants had for some time been 
 regularly producing for sale in the market. The Plaintiff 
 Company do not believe that such offers as in the said 
 prospectus are alleged to have been made by the said 
 Railway and Steamboat Companies had in fact been made 
 
PROCEEDINGS IN CHANCERY — BILLS. 133 
 
 b}'^ such Companies to anything like the extent which 
 the said prospectus implies. 
 
 10. At the time of the formation of the Plaintiff Com- 
 pany no apparatus requisite for the manufacture of carbon 
 oils according to the said patent existed upon the defen- 
 dants' premises at St. Catharines aforesaid, as is shown by 
 the fact that the inventory of the plant used by the de- 
 fendants for the purposes of their business makes no men- 
 tion of any tank, stills, metal tanks, coils of steam piping 
 or other apparatus corresponding to the apparatus describ- 
 ed in the specification filed in the Patent Office. The 
 statements in the said prospectus that there was a rapidly 
 increasing demand for the defendants' oils ; and that the 
 defendants' business was a certain and highly profitable 
 business, were also wholly untrue and designed to mislead, 
 the fact being that the defendants' business was, as the 
 Plaintiff Company has since ascertained, of a very meagre 
 and limited description. 
 
 11. The number of shares which have been apphedfor 
 on the faith of the said prospectus on the 24th March, 
 1871, when the first allotments took place, was 3,376, re- 
 presenting a nominal capital of £16,880, and all these were 
 allotted. Fresh shares have since from time to time been 
 issued, and the total amount subscribed for has now 
 reached the sum of £29,000, the greater part of which has 
 been fully paid up. 
 
 12. On the 12th of September, 1870, letters patent for 
 " Improvements in Continuous Distilling Apparatus for 
 " DistUIing Petroleum and other Kinds of Oils, and in the 
 " Apparatus for performing the same," were granted by 
 Her Majesty to the said T. H. as a " communication " 
 from the defendant H. F. H., and on the 6th of April, 1871, 
 the Plaintiff Company entered into an agreement with the 
 defendants for the purchase from them of (amongst other 
 things) the patent so granted. Such agreement was duly 
 signed by the defendant H. F. H. on behalf of himself and 
 the defendant E. H., and was duly sealed with the com- 
 mon seal of the Plaintiff Company, and was in the words 
 and figures following : — 
 
 " An agreement made and entered into this 6th 
 " day of April, 1871, between E. H. and H. F. H., of 
 " St. Catharines, Ontario, in the Dominion of Canada, 
 " copartners and manufacturers of oils and grease, 
 " hereinafter called the vendors, of the one part, and 
 ■' the C. 0. R. Company Limited, of the other part. 
 ■-' Whereas the said H. F. H. is the legal owner or 
 " patentee of divers inventions for improvements in 
 
134 FORMS AND PRECEDENTS OF 
 
 " the manufacture and distillation of petroleum and 
 " other oils and grease, which or most of which have 
 " been patented in the Dominion of Canada in his 
 " name, and of patents which or most of which have 
 " been or are about to be applied for and taken out 
 " in Great Britain, France, Belgium, Austria, Hun- 
 " gary, Bavaria, Sweden, Italy, India, Cuba, Barba- 
 " does, Brazil, Trinidad, New South Wales and other 
 " countries. And whereas the said Company has been 
 " recently formed under the Joint Stock Companies' 
 " Acts 1862 and 1867, for the purpose amongst other 
 " things of purchasing the said inventions, patents 
 " and patent rights, and working the same, and such 
 " purchase has been agreed on, on the terms and in 
 " manner herein appearing. Now it is hereby agreed 
 " by and between the said vendors and the said Com- 
 " pany as follows (that is to say) : — 
 
 " 1. The vendors sell to the Company and the 
 '•■ Company purchase, as from the 25th day of Feb- 
 "rwary, 1871, aU inventions, improvements pro- 
 " cesses, whether the subjects or capable of becom- 
 " ing the subjects of a patent or not, patents and 
 " patent rights and privileges whether in Canada, 
 " Great Britain or elsewhere, of or belonging to or 
 " obtainable by the vendors or either of them, or 
 " in which they or either of them have or has any 
 "right or interest whatever (including certain 
 " patents granted to the said H. F. H. in the Do- 
 " minion of Canada, dated the 5th day of May, 
 " 1870, and numbered 397, and their right or in- 
 ■' terest in a certain patent taken out in and for 
 " Great Britain by Mr. T. H., as a communication 
 ■' from the said H. F. H., dated the 12th day of 
 " September, 1870, and numbered 2,458, and such 
 " special privileges as are granted in countries 
 " where no patents are obtainable), for or relating 
 " to the distillation or manufacture of petroleum 
 " or other oils or grease or any like products, and 
 " all future inventions, improvements, processes 
 " (whether the subjects or capable of becoming the 
 " subjects of a patent or not), patents and patent 
 " rights and privileges which may be invented or 
 " discovered by or belong to or be obtainable by 
 " the vendors or either of them, including such 
 "special privileges as are granted in countries 
 " where no patents are obtainable. The vendors 
 
PROCEEDINGS IN CHANCERY — BILLS. ISK 
 
 " also sell to the Company all their right or the 
 " right of either of them to apply or obtain exten- 
 " sions or renewals of any of the patents and patent 
 " rights the subjects of the purchase, and also all 
 " their plant, stock-in-trade, tools, utensils and chat- 
 " tels in or about their works in Canada, or used 
 " in their business on the 25th day of February, 
 "1871. 
 
 " 2. The vendors hereby agree and declare that 
 " those of the said patents which have already been 
 " obtained by them or either of them are good, 
 " valid and effectual in law for the purposes there- 
 " in expressed ; and thafaU conditions in the same- 
 " contained have been duly performed and complied 
 " with ; and that the said vendors now have in 
 " themselves good right and absolute authority to 
 " sell and to assign the same and all other the sub- 
 "jectsof the purchase to the Company; and that 
 " the said subjects of the purchase shall henceforth 
 " be used, exercised and enjoyed by the Company 
 " without any interruption, claim or demand by or 
 " from the said vendors or either of them, their or 
 " his heirs, executors or administrators and assigns 
 " or any other person or persons ; and the said ven- 
 " dors hereby undertake to indemnify the Company 
 " therefrom. 
 
 " 3. The vendors and each of them will execute- 
 " and do all such assurances and things at the cost 
 " of the Company for transferring, assigning, mak- 
 "ing over aod assuring to the Company and piit- 
 " ting the Company in full possession of and secur- 
 " ing the Company's right to, and use of, the pre- 
 " sent and future subjects of the purchase and the 
 " full benefit and advantage thereof, as may be 
 "reasonably required; such assurances to contain 
 " all proper and reasonable covenants on the part 
 " of the vendors. The said H. F. H. will forthwith 
 ■ write out and verify by a statutory declaration a 
 "full statement and description of the working of 
 " the patents, jirocesses, inventions and manufac- 
 "tures, the subjects of the purchase; such state- 
 " ments to be so full and clear as will enable a prac- 
 " tical workman to use the processes and carry on 
 " the manufactures and make the articles, the sub- 
 "jects of the purchase, without oral, practical or 
 " experimental instruction ; the same to be placed m 
 " the Jhands of the Managing Director, sealed and 
 
136 FORMS AND PRECEDENTS OF 
 
 " SO retained until the completion of the purchase, 
 " and then to become the property of the Company. 
 
 " 4. For these purposes aforesaid or any of them, 
 " the vendors and each of them will, at the request 
 " and expense of the Company, permit their and his 
 " name to be used by the Company in anj' instru- 
 " ments, acts, applications and proceedings, legal or 
 " equitable or otherwise, including actions, suits and 
 " proceedings to prevent infringement, and proceed- 
 " ings to obtain extension or renewal of patent 
 " rights or obtain amounts and profits ; and the ven- 
 " dors and each of them will at the request and 
 " expense of the Company, to the best of their and 
 " his power, support by all requisite evidence, draw- 
 "ings, descriptions, specifications, declarations and 
 " otherwise, any applications for patent rights or 
 " privileges or renewals or extensions of the same 
 ■' in any countrj', including special privileges grant- 
 " ed in countries where patents are not obtainable 
 " as aforesaid, in respect of any of the subjects of 
 " the purchase, and will at the like expense con- 
 " duct and make any experiments and conduct any 
 " processes with the view of developing, support- 
 " ing or improving any of the subjects of the pur- 
 " chase." 
 
 " 5. The consideration for the purchase is 
 " twelve thousand pounds in cash, which is to be 
 " paid by the Company to the vendors on the exe- 
 "cution of the necessary assignments and assur- 
 "ances for vesting the then existing property com- 
 " prised in the purchase, in the Company and also 
 " 7,fi00 fully paid-up shares of £b each in the Com- 
 "pany which are to be allotted to the vendors 
 "jointly or as they may in writing direct on the 
 " execution of the said assignments and assurances," 
 
 " 6. Mr. H. F H. has been appointed Manufac- 
 " turing Manager of the Company's proposed works 
 " in Canada, the United States, and elsewhere at a 
 " salary of jl,200 sterling a year. He is (subject 
 " to the proviso hereinafter contained) to continue 
 "to be such manager at that salary for a period of 
 " fifteen years from the date of his appointment, 
 " the 25th day of February, 1871, if he shall so 
 " long live, provided that after the expiration of 
 " the first five years from the date of his said ap- 
 " pointment the Company may dismiss and remove 
 "him from the same with or -without notice, in 
 
PROCEEDINGS IN CHANCERY — BILLS. 137 
 
 " which case his salary shall be apportioned. And 
 " if \yith less than one 3'ear's notice, he shall be 
 " entitled to one year's salary extra by way of 
 " bonus. But subject hereto the said H .F. H. is, if 
 " so required by the Company, to continue to be 
 '' such manager for the said period of fifteen years 
 " from the date of his said appointment. While 
 " continuing to be such manager, he is to devote 
 " his whole time and skill and attention to the 
 " management, improvement and development of 
 " the Company's manufacturing business in Cana- 
 " da and the United States of America, and such 
 " other place or places as the Company may select, 
 " whether according to the process invented by him 
 " or any other processes as the Company may de- 
 " tei-mine from time to time, and to such other du- 
 ■' ties as the Company may impose upon him as such 
 " manager, and is not to carry on or be engaged in 
 " or interested in any business ; but this provision 
 " is not to prevent his holding shares in, though he 
 " must not be a director or servant of any other 
 " Company, and especially neither he nor the said 
 " E. H. is to be in any way connected with any 
 " person or Compan}- engaged in oil orgrease busi- 
 " ness, or in any way competing in trade with the 
 " Company. In case any dispute or difference shall 
 " arise between the said vendors or either of them 
 " and the Company, either with respect to any ques- 
 " tion as to the due performance by the said H. F. 
 " H. of his duties as such Manager of the Com- 
 " pany as aforesaid, or any other matters whatso- 
 " ever the same shall upon the request in writing 
 " of either of the parties in difference be referred 
 '' to the arbitrati(jn of two indifferent persons and to 
 " be chosen by each party in difference within one 
 " month after such request shall have been made 
 " in England. And in case either of the parties in 
 " difference shall neglect or refuse to nominate an 
 " arbitrator, then the arbitrator named by the other 
 " party shall nominate another arbitrator and the 
 "two arbitrators shall, before proceeding in the 
 " said reference, nominate another indifferent per- 
 " son to be umpire. And the said arbitrators shall 
 " make their award in writing within 30 days next 
 " after such reference shall be made ; and in case 
 " they shall not agree to and make their award 
 " within the time last mentioned, then the said mat- 
 
138 FORMS AND PRECEDENTS OF 
 
 " ters in difference shall be referred to the said um- 
 " pire who shall make his award in writing 30 days 
 " next after the same shall have been so referred 
 " to him ; and such arbitrators and umpire shall have 
 " full power to examine the said parties and their 
 " respective witnesses on oath and call for and re- 
 " quire the production of all books, papers, deeds, 
 " letters, vouchers, documents and writings, which 
 " they or he shall think necessary, and shall have 
 " all the powers and authorities given by the sta- 
 "tutemade in that behalf; and the award of the 
 " said two arbitrators or of the said umpire (as the 
 ■" case may be) shall be final and conclusive between 
 " the parties ; and to that end it is agreed that any 
 " submission or reference to arbitration, under or by 
 " virtue of these presents, shall and may from time 
 " to time be made a rule of any of Her Majesty's 
 " Superior Courts at Westminster, pursuant to the 
 " statute in that case made and provided. 
 
 " 7, Neither of the vendors is to communicate 
 " to any person or Company, other than the Com- 
 " pany and their aforesaid agents or. nominees, any 
 " of the secret inventions, processes or methods, 
 "the subjects of the purchase, which may belong 
 " to or be used by the Company. 
 
 " 8. Each of the vendors is forthwith, or as soon 
 " as may be, to communicate, disclose and teach to 
 " the Company, their aforesaid agents and nominees, 
 " all secrets, inventions, processes and methods pre- 
 " sent or future, the subjects of the purchase or re- 
 " lating to the manufactures or distillation of oils 
 " or grease. 
 
 " 9. Each of the vendors will, at the request and 
 " expense of the Company, take any journeys which 
 " may reasonably be required for the purpose of 
 " this agreement. 
 
 " 10. This agreement may be made a rule of the 
 " High Court of Chancery in England, on the ap- 
 '' plication of either party." 
 13. It was stated in the said prospectus of the Plaintiff 
 Company that the manufacture from residuum of black 
 (or lubricating) oil under a separate patent would be con- 
 tinued under the superintendence of the defendants while 
 new works were being erected for the distillation of the 
 crude oil. The separate patent thus referred to had not 
 then been granted, and was not in fact granted until the 
 16th of March, 1872 ; but in the meantime the Directors 
 
PROCEEDINGS [N CHANCERY— BILLS. 139 
 
 of the Plaintiff Company determined to commence opera- 
 tions by the manufacturing process intended to be pro- 
 tected by that patent. With that view they ordered the 
 construction of two sets of machinery requisite for such 
 manufacture, intending that tlie same should be erected, 
 the one at Sarnia, on the Canadian bank of the St. Clair 
 river, and the other at Port Huron on the United States 
 bank of the same river. A Mr. C. S. whose testimony as 
 to the value of the said inventions and processes was part 
 of the evidence on the faith of which the shares in the 
 Plaintiff Company were subscribed for was appointed 
 " General Superintendent " with a salary of ^£800 a year 
 and the defendant H. F. H. was appointed " Manufactur- 
 ing Manager " at a salary of ,£1,200 a year. 
 
 1-i. The said machinery was all constructed under the 
 personal supervision of the defendant H. F. H. in order 
 to secure its perfect accordance with his plans, and to 
 adapt it to the purposes of his patent ; and in June, 1871, 
 the same was despatched for Sarnia, and the greater part 
 of it was disembarked there in the following month of 
 September. 
 
 15. Shortly after the arrival of the said C. S, and the 
 defendant H. F. H. at Sarnia, the said C. S. suggested to 
 the Plaintiff Company through the said T. H. who was 
 the Managing Director of the Company, that he should 
 purchase a large quantity of residuum or tar which was 
 then in the market and well adapted to the manufacture 
 of lubricating oil, but the said T. H. wrote back that he 
 was not to do so until the works should be ready for 
 operation. 
 
 16. The completion of the said works did not, however, 
 .depend upon the said T. H. but upon the defendant H. F. 
 
 H. and much unnecessary delay took place in reference 
 thereto, considerable time and money being wasted on the 
 construction of a wharf which was said to be requisite, 
 (although it was not so in fact) in order to have a con- 
 venient landing place for the machinery upon its arrival. 
 While the works were in progress, the defendant E. H. 
 received very considerable sums for superintending them, 
 whereas no such superintendence was required, or if re- 
 quired, could have been given by the said C. S. or by a. 
 Mr. M. who had been engaged by the Plaintiff Company 
 at the request of the defendant, H. F. H. at a salary of 
 £300 per annum, and was principally occupied during the 
 construction of the works in keeping a tavern or bar 
 saloon in Sarnia. 
 
 17. On the .3rd of July, 1872, the said C. S. by the di- 
 
140 FORMS AND PRECEDENTS OF 
 
 rections of the defendant, H. F. H. sent a telegram to the 
 said T. H. as follows :— " Ready. Funds required for crude 
 oil ;" meaning thereby that the works were completed and 
 ready for immediate use, and that money was required 
 for the purchase of the material on which to operate. In 
 point of fact, however, at the date of such telegram the 
 works were not completed, as the defendant H. F. H. 
 well knew, nor was all the machinery necessary for the 
 manufacture of oil then fixed. 
 
 18. The request of the said telegram for funds to pur- 
 chase " crude oil " appeared unreasonable and unaccount- 
 able to the then Directors of the"Plaintiff Company, as 
 the defendant H. F. H. had undertaken with the machi- 
 nery so sent out as aforesaid to manufacture oil from the 
 tar only, and not from crude oil. This was pointed out 
 to the defendant, II F. H. and with the view of explain- 
 ing the same he wrote and sent a letter dated the 22nd of 
 July, 1872, and which was delivered at the Company's 
 offices on the 9th of August, 1872. Such letter, so far as 
 material, was as follows :— 
 
 " Colonel A. J. C, Chairman of the Board of Directors, 
 
 C. 0. E. Company. 
 " Dear Sir 
 
 " I am again forced to call the attention of the 
 " Board to the position of your executive in Canada. 
 " On the 3rd July, the Superintendent telegraphed to 
 " the Managing Director ' Eeady. Funds required for 
 " ' crude oil ' this should have been ' Residuum ' but 
 " my letter would set that matter right as I advised 
 "the Board that on the 8th I would be prepared to 
 " manufacture 100 barrels per day of the dark oils 
 " for railway purposes and on that day I was ready. 
 
 " Changes are constantly taking place in a country 
 " like this, and many great changes have taken place 
 "in the large refineries in London. They have 
 " adopted what is termed the Boiler Still which is 
 " SO feet long, and six feet in diameter, and they now 
 " run about 65 per cent, of oil off, and use the resi- 
 " duura for fuel by some patent process. At all events 
 " this substance would not answer our purpose at all, 
 " as by open fire distillation the heat necessary to 
 " carry over the amount they now take off, chars the 
 " residue, leaving it unfit for anything but fuel." 
 
 19. On the 20th of August, 1S72, the then Directors 
 of the Plaintiff Company, feeling dissatisfied with the'con- 
 duct of the defendant, H. F. H. and being desirous of test- 
 ing the truth of the statement contained in his said letter 
 
PROCEEDINGS IN CHANCERY — BILLS. 141 
 
 as to the residuum then obtainable, being unsuitable for 
 the manufacture of lubricating oil hy his process, and so 
 charred as to be unlit for anything but fuel, commissioned 
 a Mr. B. C. to proceed to Canada to investigate and report 
 upon the Plaintiff Company's affairs. The said B. C. ar- 
 rived in Canada on the 7th of September, 1873, and, as 
 the result of his investigations, discovered (as the fact' is) 
 that the funds of the Plaintiff Company had been culpably 
 wasted by the defendant H. F. H. and that residuum or 
 tar could be had in any quantity of equal quality to that 
 made at the time when the defendant, H. F. H. left Eng- 
 land, and that a large part of 10,000 barrels of tar which 
 the said C. S. by the advice of the defendant, H. F. H. 
 proposed to purchase for the Plaintifi Company in June, 
 1871, was still on hand in tanks at Petrolia, and could be' 
 purchased by the Plaintiff Company at the same price at 
 which it was in that month proposed to be purchased by 
 the said C. S. 
 
 20. The said B. C. further discovered (as the fact is) 
 that if any alteration had taken place at all in the qualitv 
 of the residuum resulting from the processes used in Ca- 
 nada, it was an alteration for the better, and that such 
 residuum was less charred than was formerly the case 
 and more adapted for manufacture into oil than was the 
 residuum left by the processes commonly in use during 
 the time that the defendants carried on business at St. 
 Catharines. And he further ascertained that there would 
 be no difficulty in inducing the oil refiners of Canada so 
 to modify their processes as to leave the residuum of a 
 quality such as the defendant H. F. H. alleged that he 
 required, inasmuch as they could then utilize and make 
 saleable all the products of the raw material employed 
 by them, instead of wasting the residuum or using it, if 
 at all, only for fuel, as is the usual practice. 
 
 21. In ignorance of the said agreement of the 28th of 
 March, 1870, and of the untruth of the aforesaid repre- 
 sentations on the part of the defendants as to the value 
 of their business and otherwise, the Plaintiff Company 
 early in the month of May, 1871, paid the sum of £5,100 
 cash, part of the sum of £12,000 specified in the said 
 agreement of the 6th of April, 1871, to the defendant H. 
 F. H. on account of himself and the defendant E. H., and 
 allotted to the said defendants, or to their nominees 1,800 
 fully paid-up shares in the Plaintiff Company, and of such 
 shares, certificates of which were duly issued, 1,500 now 
 stand in the joint names of the defendants in the register 
 of the Plaintiff Company. On the 13th of the said month 
 
142 FORMS AND PHECBDENTS OF 
 
 of May, £2,125, being part of the said sum of £6,100 and 
 certificates of 200 shares, being part of the said 1,§00 
 shares, were paid and given to the said T. H. in part pur- 
 suance of the said agreement of the 28th of March, 1870. 
 
 22. Of the 200 shares so as aforesaid given to the said 
 T. H., 50 were registered in his name and have been re- 
 tained by him, but the remaining 150 were distributed 
 by him amongst his co-directors in manner following (that 
 is to say) : — 50 were given to the said Colonel J. A. C, 
 50 to the said C. J. F., and 50 to the said W. T., who 
 died in September, 1871. The said Colonel C. and C. J. 
 F. have since abandoned all claim to any beneficial in- 
 terest in their said respective 50 shares in favour of the 
 Plaintiff Company, but the executor of the said W. T. has 
 not thought himself at liberty to take a similar step in 
 respect of his testator's shares. Accordingly on the 14th 
 February, 1872, the Plaintiff Company filed a Bill in this 
 Honourable Court (a print of which is referred to) against 
 the said T. H., and the executor of the said W. T., for 
 the purpose (amongst other things) of recovering as well 
 the said 50 shares retained by the said T. fl., and the 50 
 shares retained by the said executor of the said W. T., as 
 the sum of f£2,125, part of the said sum of £5,100 so as 
 aforesaid paid to the said T. H., on the ground that the 
 same shares and cash respectively were improperly re- 
 ceived and in fraud of the Plaintiff Company. Sufficient 
 time has not elapsed since the institution of the said 
 suit to enable it to be brought to a hearing. 
 
 23. The shareholders in the Plaintiff Company, other 
 than the said T. H., were induced by the representations 
 of the defendants or one of them, made in the said pros- 
 pectus, to believe that the whole of the cash and shares 
 which constituted the purchase-money for the said patents 
 and processes was to be paid and delivered to the defen- 
 dants for their absolute use ; and if such shareholders had 
 known that any part of such purchase money was to be- 
 long to the said T. H., the common seal of the Company 
 would not have been affixed to the said agreement of the 
 8th of April, 1871. 
 
 24. Under the circumstances aforesaid, the Plaintiff 
 Company charge that the said agreement of the 6th of 
 April, 1871, was obtained by fraud and improper conceal- 
 ment on the part of the defendants or one of them, and 
 that the same ought to be set aside by this Honourable 
 Court, and that any moneys or shares paid or delivered 
 thereunder to the defendants or either of them ought to 
 be restored by them, the Plaintiff Company being willing 
 
PROCEEDINGS IN CHANCERY — BILLS. 143 
 
 and hereby offering to do all such acts or things as this 
 Court may think proper to direct foi- the purpose of re- 
 storing to the defendants &\\y propertj', rights or interests 
 of the defendants that maj' be vested in the Plaintiff- 
 Company under the said agreement. 
 
 "2.3. The machinery erected on the premises of the said 
 Plaintiff Company at Sarnia cannot be made available for 
 the can-ying out of the said processes of distillation except 
 under the personal superintendence of the defendants or 
 one of them, or with the aid of the instructions referred 
 to in the 3rd clause of the said agreement of the 6th of 
 April, 1871, which insti-uctions, as the defendants allege, 
 are contained in a certain sealed packet deposited b}' 
 them with the said T. H., as trustee for the Plaintiff' 
 Company. Such packet still remains unopened in the ■ 
 possession of the said T. H., and in pursuance of the said 
 offer the Plaintiff Companj- are willing to give all neces- 
 sarj- directions for the same being redelivered bj- the said 
 T. H. to the defendants or either of them. 
 
 ■2^i. The defendants threaten and intend to bring an 
 action or commence some other proceeding against the 
 Plaintiff Company in respect of the unpaid balance of the 
 £12,000 cash and the said 7,600 shares of £5 each respec- 
 tively mentioned in the said agreement of the 6th of 
 April, 1871, and they ought to be restrained from so doing. 
 
 '27. Both the defendants allege that they are entitled 
 to certain moneys in respect of services rendered or dis- 
 bursements made by them to or on behalf of the Plaintiff 
 Company, and the defendant H. F. H., alleges that he is 
 entitled to some salary as manufacturing manager, but the 
 Plaintiff Company charge that no such moneys or salary 
 are due, and that at all events none can be recovered until 
 the claims of the Plaintiff Company upon the defendants 
 in respect of the other matters herein mentioned shall 
 have been ascertained and settled. 
 
 The Plaintiff Company prays as follows : — 
 
 1. That it may Vie declared that the said 
 agreement of the 6th of April, 1871.. was fraudu- 
 lent and void as against the Plaintiff Company, 
 and that the same may be set aside and de- 
 livered up to be cancelled, and that the defend- 
 ants may be ordered to repay to the Plaintiff 
 Company the sum of £5,100 so paid to them as 
 aforesaid, or so much thereof as shall not be re- 
 covered from the said T. H. in the said suit 
 instituted against him, with interest from the 
 date of such payment. 
 
144 FORMS AND PRECEDENTS OF 
 
 2. That the defendants may be ordered to re- 
 deliver to the Plaintiff Company the certificates 
 of the said 1,800 shares so handed to them as 
 aforesaid, or so many of them as are now in their 
 possession or control, and that the Plaintiff Com- 
 pany may be at liberty to cancel the 1,500 shares 
 now registered in the names of the defendants, 
 and to remove their names from the Company's 
 share register in respect of such shares. 
 
 3. That in the meantime the defendants may 
 be restrained by the order and injunction of 
 this Honourable Court from commencing or in- 
 stituting any action or other proceeding for the 
 purpose of obtaining payment of the unpaid bal- 
 ance of the said £12,000 cash, or an allotment to 
 them of any part of the residue of the said 7,600 
 shares, or of enforcing any claim against the Plain- 
 tiff Company in respect of services, disburse- 
 ments or otherwise. 
 
 4. That the defendants may pay the costs of 
 this suit. 
 
 5. That the Plaintiff Company may have such 
 further or other relief as the nature of the case 
 may require. 
 
 78. 78. Bill to set aside deed obtained by undue inAuence 
 
 dcedobtoiiiedby <md to establish prioT will. 
 
 uudue influence 
 and to establish 
 
 Kiorwiii. In Chancery. 
 
 Between— A. W Plaintiff, 
 
 and 
 H. H. W. and D. L. W.... Defendants. 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A. W., of the Township of 
 Markham, in the County of York, yeoman, the above 
 named plaintiff, 
 Sheweth as follows : 
 
 1. One A. W. the elder, the father of the plaintiff, was 
 in his lifetime the owner in fee simple of or otherwise 
 well entitled to that certain parcel or tract of land and 
 premises, situate lying and being in the Township of 
 M. — in the County of Y.— being composed of the west 
 half of lot No. 15, in the 7th concession of the said Town- 
 ship, containing 1 00 acres : and while he was the owner 
 thereof as aforesaid, he duly made and published his last 
 
PROCEEDINGS IN CHANCERY — BILLS. 145 
 
 will and testament in writing, executed so as to pass real 
 estate by devise in this Province ; whereby he devised 
 the said lands and premises to the plaintiff in fee. 
 
 '2. The said A. W. departed this life in the month of 
 September, 1869. 
 
 3. At the time when the said A. W. made his said will, 
 and for some years before, the defendant H. H. W. who is 
 a brother of the plaintiff, was residing with his father, the 
 said A. W., and was managing his business and affairs, 
 and the said defendant had thus acqiiired great influence 
 and control over the mind of his said father who reposed 
 the greatest confidence in him. 
 
 -t. Some years after the making of the said will the 
 mind of the said A. W. became impaired, and he became 
 and was imbecile and ingapable of understanding or com- 
 prehending the most ordinary business matters, and the 
 said defendant continued to manage and control all his 
 affairs, and the said defendant's influence over his said 
 father, and his said father's reliance upon and confidence 
 in him, increased to such an extent that the said A. W. 
 had no independent will of his own, and he was wholly 
 guided and controlled in everything by the said defend- 
 ant H. H. W. 
 
 5. In or about the year 1864, the said defendant H. H. 
 W. formed the fraudulent design of depriving the plain- 
 tiff of the benefits of the devise to him contained in the 
 will hereinbefore mentioned, and in order to accomplish his 
 said design, the said defendant, fraudulently making use 
 of the influence he had acquired over his said father, in- 
 duced and prevailed upon his said father to convey the 
 hereinbefore described lands to him, and accordingly by 
 deeds bearing date the 30th day of May, 1864, and pur- 
 porting to be made between the said A. W., of the 1st 
 part, and the said defendant, of the 2nd part, the said 
 A. W. purported to convey the said lands in fee to the 
 said defendant H. H. W. . 
 
 6. The said deed purports to be made m consideration 
 of certain moneys then paid by the said defendant H. H. 
 W to the said A. W., but the plaintiff charges and the 
 fact is that no money or other consideration was paid to 
 or received by the said A. W., for the said conveyance. 
 
 7 The plaintiff further charges, and the fact is that, at 
 the time of the making of the said deed, the said A. W. 
 was imbecile and whoUy incapable of understanding the 
 nature and effect of the same, and that he did not in fact 
 understand the nature and effect thereof. . ,, ^ , 
 
 8. The plaintiff further charges, and the fact is that, at 
 10 
 
146 FORMS AND PRECEDENTS OF 
 
 the time of making the said deed, the said A. W. was, and 
 acted, wholly under the influence of the said defendant H. 
 H. W., and the said defendant, fraudulently exercising his 
 influence and control over the said A. W., induced the said 
 A. W. to make the said deeds in order to deprive the 
 plaintiiF of the benefit of the devise to him contained in 
 the said will, and to obtain the said lands for himself, 
 and that, in the making of the said deed, the said A. W, 
 exercised no will of his own, but, in truth and in fact, 
 acted as he was instructed by the said defendant. 
 
 9. The said A. W. acted in making the said deed 
 wholly without professional or other independent advice, 
 and the said (defendant H. H. W. prevented him from 
 obtaining such advice before making the said deed. 
 
 10. At the time of making the said deed, the defendant 
 H. H. W. was living Mdth the said A. W. and although 
 other members of the family of the said A. W. resided in 
 the neighbourhood of, and were in the habit of visiting, 
 the said A. W., the said defendant H. H. W. prevailed 
 upon the said A. W. to conceal from them that he was 
 about to convey, or had conveyed, the said lands to the 
 said defendant H. H. W., and the said defendant kept the 
 making of the said deed concealed from the other mem- 
 bers of the family until after the death of the said A. W. 
 
 11. The mind of the said A. W. continued impaired 
 and he remained and was imbecile and incapable of under- 
 standing or managing business matters up to the time of 
 his death hereinbefore mentioned. 
 
 12. The said A. W. died without having altered or 
 revoked the said will save in so far as the same was af- 
 fected by the making of the said deed. 
 
 13. Immediately after the death of the said A. W., the 
 said defendant H. H. W. took possession of the said will 
 and he has ever since retained and kept possession thereof, 
 and he alleges and pretends that no such will was ever 
 made, or that if such a wiU was made it is not now in 
 existence. 
 
 14. The defendant D. L. W. is also interested under the 
 said will ; but, in consequence of the said will being in the 
 possession of the defendant H. H. W., the plaintiff is un- 
 able to set forth the nature and particulars of the interest 
 of the said D. L. W. thereunder, and the said D. L. W. 
 declines to join with the plaintiff and become a party 
 plaintiff hereto. 
 
 15. The defendant H. H. W., has been in the possession 
 of the said lands and premises, and in receipt of the rents 
 and profits thereof, ever since the death of the said A. W. 
 
PROCEEDINGS IN CHANCERY — BILLS. 147 
 
 16. The defendant H. H. W. threatens and intends and 
 will, unless restrained by the order and injunction of this 
 Court, sell and convey the said lands and premises to some 
 innocent purchaser for value without notice of the plain- 
 tiff's rights. 
 
 The plaintiff therefore prays : — 
 
 1. That the defendant H. H. W. may be order- 
 ed to make a full and true discovery of the con- 
 tents of the said will, and of the matters here- 
 inbefore set forth, and that the said will may be 
 established by this Court. 
 
 2. That the said deed to the said defendant 
 H. H. W. may be declared to be fraudulent and 
 void, and may be set aside, and that the defend- 
 ant H.H.W. may be ordered to convey the 
 hereinbefore described lands and premises to the 
 plaintiff and may be ordered to account to the 
 plaintiff for the rents and profits thereof 
 
 3. That the defendant H. H. W. maybe restrain- 
 ed by the order and injunction of this Court from 
 selling, alienating, or otherwise disposing of or 
 dealing with the said lands and premises. 
 
 4. That the plaintiff may be paid his costs of 
 this suit and may have such further and other 
 relief as may appear just. 
 
 C. M. 
 
 Tft. Bill by infant luards of Court for " habeas corpus" ^.^^ J^-^^^^^ 
 aaaiii><t persons improperly detaining them from i/ie«r wai-ds of court 
 
 ." 7 for habeas eor- 
 
 tClttieV. pus against per- 
 
 soi) improperly 
 detaining tliem 
 
 In Chancery from their 
 
 Between— J. K, W. K., and L. K, infants under '^*^'-- 
 the age of twenty-one years, by W. 
 
 K. their next friend Plaintiffs. 
 
 and 
 J. J. L., J. F. J., D. S. K.,and J. E. K., 
 
 his wife Defendants. 
 
 City of Toronto, 
 
 To the Honourable the Judges of the Court of Chancery. 
 The Bill of Complaint of J. K., W. K. and L. K., of the 
 City of Toronto, infants, under the age of twenty-one 
 years, by W. K. of the said City of Toronto, lumber mer- 
 chant, their next friend, 
 
 Sheweth as follows : p , j j? 
 
 1. The plaintiffs are the infant children of the deten- 
 
148 FOBMS AND PRECEDENTS OF 
 
 dants, D. S. K. and J. E. K. his wife, and are of the res- 
 pective ages following, that is to say, J. K. of the age of 
 eleven years, W. K. of the age of six years, and L. K. of 
 the age of four years. 
 
 2. The plaintiffs are entitled to, or interested in, a 
 sum of $400 of lawful money of Canada, which has 
 been settled upon them by their father, the defendant, 
 
 D. S. K. and which is now in his hands, and it is neces- 
 sary to the welfare of the plaintiffs that the said sum of 
 money should be secured and applied from time to time, 
 for the plaintiffs' benefit, under the direction of this 
 Honourable Court. 
 
 3. The defendant, D. S. K. the plaintiffs' father, is, and 
 always has been a Protestant, but the defendant, J. E. K. ; 
 the plaintiffs' mother, is, and always has been a Roman 
 Catholic, in religion, and has always desired and endea- 
 voured to instruct and bring up the plaintiffs as Roman 
 Catholics, contrary to the wish and desire, and against 
 the will, of the plaintiffs' father. 
 
 4. In the month of April, 1871, the defendant, J. E. K., 
 in order to effect her object in bringing the plaintiffs up 
 as Roman Catholics, applied to the defendant,' J. J. L. who 
 is the Romaa Catholic Bishop of Toronto, and the de- 
 fendant J. F. J. who is the Vicar-General of the Roman 
 Catholic Church or Denomination in Toronto, to aid her 
 in so doing, and thereupon the defendants, L., J. and J. 
 
 E. K. conspired together and formed the plan of carrying 
 the plaintiffs away from the lawful care and custody of 
 their father, at his house in the City of Toronto, without 
 his knowledge, and against his will, and of concealing 
 them in some Roman Catholic establishment or house, in, 
 or in the neighbourhood of, the City of Toronto, there to 
 be detained and secretly instructed and educated, and 
 brought up in the Roman Catholic religion against the 
 will of their said father. 
 
 5. The defendants, L., J. and J. E. K. accordingly after- 
 wards, in pursuance of the said plan and conspiracy afore- 
 said, in the said month of April, caused the plaintiffs to 
 be carried away from their said father's house without 
 his knowledge or consent and against his will, and caused 
 them to be placed in some Roman Catholic Institution or 
 house in, or in the neighbourhood of, Toronto, as aforesaid, 
 and they have there ever since been and still are secretly 
 kept and detained, and have been thence hitherto and 
 stiU are being , instructed and brought up in the Roman 
 Catholic religion, by and with the consent and knowledge 
 and by and with the aid and assistance, and at the ex- 
 
PROCEEDINGS IN CHANCERY — BILLS. 149 
 
 pense of the defendants, L., J. and J., E. K., and their place 
 of concealment as aforesaid is by the same defendants 
 kept hidden from the plaintiffs' father and the same de- 
 fendants refuse to disclose the same, or to deliver the 
 plaintiffs up to their father. 
 
 6. The defendants, L., J. and J. E. K., are determined 
 at all hazards to carry out their design hereinbefore stated 
 of causing the plaintiffs to be instructed and brought up 
 in the Roman Catholic religion, and intend if necessary 
 to carry the plaintiffs out of the jurisdiction of this 
 Honourable Court. 
 
 7. The plaintiffs', father and mother have not ceased to 
 live and cohabit together, but the plaintiffs', mother al- 
 though frequently requested by the plaintiffs' father to 
 disclose the place of the plaintiffs", concealment refuses so 
 to do. 
 
 8. The defendants J. and L. in like manner, have been 
 frequently applied to by the plaintiffs' father to deliver 
 the plaintiffs up to him or to disclose the place of their 
 detention and concealment ; but they have always refused 
 and still refuse so to do and they will not do so unless 
 compelled by this Honourable Court. 
 
 The plaintiffs therefore pray as follows : 
 
 1. That proper directions may be given by this 
 Honourable Court for the maintenance, support 
 and education of the plaintiffs, and for that pur- 
 pose that an account may be taken of the money 
 belonging to the plaintiffs as aforesaid, and that 
 the same may be secured and applied for the 
 benefits of the plaintiffs from time to time as the 
 interests of the plaintiffs may require. 
 
 2. That the defendants L., J. and J. E. K. may 
 be ordered to deliver the plaintiffs up to their 
 father to be maintained and supported by him 
 and to be instructed and educated in the Pro- 
 testant religion or as their said father may from 
 time to time determine. 
 
 3. That the defendants L., J. and J. E. K. and 
 all other persons under their orders or control, 
 their servants and agents, may be restramed by 
 the order and injunction of this Honourable 
 Court from detaining or concealing the plaintitis 
 from their said father, and from counselhng, aidmg 
 or assisting in any such detention or conceahnent, 
 and from removing the plaintiffs or either of them 
 from the jurisdiction of this Honourable Court, 
 
150 FOEMS AND PRECEDENTS OE 
 
 and from counselling, aiding or assisting in any 
 such removal, and from instructing or educating 
 the plaintiffs or any or either of them in theRoman 
 Catholic religion, without the consent of their said 
 father, and from counselling, aiding or assisting 
 any such instruction or education. 
 
 4. That a writ or writs of Habeas Corpus ad 
 subjiciendum may be issued under the Seal of 
 this Honourable Court, directed to the same de- 
 fendants, commanding them to produce before 
 this Honourable Court the bodies of the plaintiffs, 
 that they may be delivered into the lawful 
 custody of their father. 
 
 5. That for the purposes aforesaid all proper 
 directions may be given and accounts taken. 
 
 6. That the plaintiffs may have such further 
 and other relief as to this Honourable Court may 
 seem meet and the plaintiffs will ever pray &c. 
 
 J. M. 
 
 80. 80. Bill for construction of Will 
 
 Bill for construc- 
 tion of Will. 
 
 In Chancery. 
 
 Between— H. N. R and D. Mc. L Plaintiffs, 
 
 and 
 A. M. E. and L. A. S., and F. E. S. his 
 wife, and A. W. E., S. S. E. and F. 
 A. E., infants under the age of twenty- 
 one years Defendants. 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The Bill of Complaint of H. N. R. of the Town of Port 
 Hope, in the C9unty of Durham, gentleman, and D. Mc. L., 
 of the same place, merchant. 
 Shews as follows : 
 
 1. One S. E., late of the Town of Port Hope aforesaid, 
 duly made his last will and testament in writing, bear- 
 ing date the 2nd day of November, 1859, and duly ex- 
 ecuted in a manner sufficient according to the laws of this 
 Province for the effectual disposition of personal estate. 
 
 2. The said last will and testament is in the words and 
 figures following, that is to say : 
 
 " Know all men by this Instrument, that I, S. E., of the 
 " Township of Hope, Canada West, being at this time of 
 " sound body and mind, and having a lively sense of the 
 " shortness of life, and that I should be always prepared 
 
PROCEEDINGS IN CHANCERY — BILLS. 151 
 
 " to die, and being further awai'e that my business is at- 
 " tended with much danger in the way of accidents, feel 
 " that I should, in all that belongs to me in worldly goods, 
 " have them so arranged as to be made at once available 
 " for my beloved family, in case of premature death or 
 " otherwise. I therefore will unto my beloved wife, 
 " Anna Maria, for the benefit of herself and children jointly, 
 "two Life Policies for each (SI 000) one thousand dollars, 
 " and their premium dividends (said Life Policies are ef- 
 " fected with the N. Y. Mutual Life In. Co., N. Y. City), 
 " to have and to hold for their joint and mutual benefit, 
 " and to be by her spent in the most judicious and bene- 
 " ficial maimer for all ; also, whatever interest I may have 
 " in the business of E. and W., and in the arranging of it I 
 " trust much to my long and well-tried partner, A. W., in 
 " giving a just return of it to my heirs, for long and faith- 
 " ful services rendered by me in the business, there being 
 " no written agreement of partnership. 1 he schooner 
 " Enterpritie is a partnership property, altho' deeded in 
 " A. W.'s name ; so also Lot 19, in 5th Con. Hope, deeded 
 " in the same way ; so also Lot 14, in 4th Hope, deeded 
 " the same way — all these are a joint iuterest, and were 
 "deeded by understood wishes. I being an alien, the 
 "joint earnings have been invested for the purchase of all 
 " these properties, and the capital, when furnished for any 
 " purchase, has been passed to A. W.'s credit. In the 
 " Book account as it stands the business shows the singu- 
 " lar look of the monies being used of A. W.'s for the pur- 
 " chase of these properties, passed to his credit, and also 
 " holding deeds of the properties too, in order to have it 
 '•'correct; the deeds are of no account in showing the 
 " amount of capital invested ; his account on the Ledger 
 " shows the just and correct account, and the dues, monies, 
 "properties, personal and real, must be converted into 
 " money or its equivalent, and return the amount of said 
 " account unto A. W. ; if there be a surplus over and above 
 " his account, then A. W. has one-half and S. E. or his 
 " heirs one-half. Lot No. 1 North Street, Rochester, was 
 " Kkewise purchased as a joint interest, and deeded like 
 " the other properties, as letters show. This lot has since 
 " been sold, and no account as yet given of the proceeds to 
 " E. and W. They went to the expense of filling m, tenc- 
 "ing, and otherwise improving said lot; paying all taxes, 
 " including the tax of $275 for straightening Main Street ; 
 " they also, before purchasing, leased it at $60 (sixty doi- 
 " lars) per year for three years. To sum up, all deeds be- 
 " long to E and W., but are in A. W.'s name, to secure the 
 
152 FORMS AND PEECEDENTS OF 
 
 '• return of the capital invested in the business ; said cap- 
 " ital is represented in his account on the Ledger correctly 
 " and if there be personal effects and monies enough to 
 " return such capital toA . W., then half of aU lands, vessels, 
 '■ bank stock, &c., belong equally to A. W. and S. B. and 
 " their heirs. It is necessary to be somewhat explicit in 
 " these statements of a partnership of twelve years' stand- 
 " ing, verbally made, known only to themselves ; but be- 
 " ing bosom friends, the partnership was entered into with 
 " the understanding that A. W. furnish the capital, and 
 " S. E. do the work, and in this way it has continued up 
 " to this date. 1 therefore, for well adjusting of all these 
 " matters herein written, and all other affairs that I may 
 " have interest in, nominate and appoint H. N.. R. and 
 "D. Mc. L. my executors to this my last WiJl and Testa- 
 " ment." 
 
 3. The said S. E. departed this life, at the Town of Port 
 Hope aforesaid, on the 17th day of May, A. D. 1871, 
 without having in any matter revoked or altered his 
 said will ; and the plaintiffs, who are the executors named 
 therein, duly proved the said wiU on the 17th day of 
 June afterwards, and took upon themselves the burthen 
 of the trusts thereof 
 
 4. The said S. E. left him surviving his widow, the de- 
 fendant A. M. E., and four lawful children, namely, the 
 defendants F. E. S., the wife of the defendant L. A. S., 
 and A. W. E., S. S. E., and F. A. E., the last three being 
 still infants within the age of twenty-one years, and the 
 said S. E. never had any other children. 
 
 5. The said S. E. was not possessed of or entitled to, or 
 interested in any real estate at the time of his death, ex- 
 cept his interest in so much of the partnership assets 
 hereinafter mentioned as consisted of real estate. 
 
 6. The personal property of the said S. E., at the time 
 of his death, consisted almost entirely of his interest in 
 the partnership assets of a certain partnership firm of E. 
 & W., composed of the said S. E. and one A. W. 
 
 7. The said partnership business was a timber and lum- 
 ber business, which had been carried on for about twenty 
 years before the death of the said S. E., and which was 
 dissolved by the death of the said S. E., and the said 
 partnership assets consisted chiefly of a large quantity of 
 land, situate partly in Ontario and partly in the State -of 
 Michigan, one of the United States of America, acquired 
 and held for the purposes of the said partnership business, 
 and of a large quantity of timber manufactured and un- 
 manufactured, and the stock and plant of the said busi- 
 ness. 
 
PROCEEDINGS IN CHANCERY — BILLS. 153 
 
 8. The said partnership business has not yet been wound 
 up or settled, nor have the assets thereof been converted 
 or realized, but the winding up thereof is now in progress, 
 and considerable sums of money will soon be available for 
 the purposes of the wiU of the said S. E. 
 
 9. The value of the interest of the said S. E. in the said 
 partnership assets is expected, when realized, to exceed 
 the sum of §50,000, and there are no debts of the said tes- 
 tator's estate of any magnitude. 
 
 10. The plaintiffs are advised that the said wiU is of 
 doubtful construction, and that they could not, with safety, 
 distribute the persona] estate of the testator between his 
 widow and children witliout the aid and sanction of this 
 Honourable Court. 
 
 11. The said A. M. E., the widow of the testator, claims 
 to be entitled to the whole of the testator's personal estate, 
 with power to apply the same according to her absolute 
 discretion, for her own benefit and that of her children, 
 but the plaintiffs are advised that it is doubtful whether 
 the said A. M. E. has an absolute interest in any part 
 thereof, or if she has, whether such absolute interest ex- 
 tends to more than an undivided fifth part thereof, the 
 rest belonging absolutely to the children. 
 
 The plaintiffs therefoi-e pray as foUows : 
 
 1. That the rights and interests of the said 
 parties in the personal estate of the testator 
 may be declared by the order and decree of this 
 Honourable Court. 
 
 2. That the personal estate of the testator 
 may be administered, and the trusts of the said 
 will may be carried into effect and execution 
 under the direction of this Honourable Court. 
 
 3. That the plaintiffs may be paid their costs 
 of this suit. 
 
 4. That for the purposes aforesaid, all proper 
 directions may be given and accounts taken. 
 
 5. That the plaintiffs may have such further 
 and other relief as to this Honourable Court 
 may seem meet. 
 
 And the plaintiffs will ever, pray, &c. 
 
 ^ J. M 
 
154 FORMS AND PRECEDENTS OF 
 
 81. 81. Bill for construction of will. 
 
 Bill for construe '' 
 
 tion of will. 
 
 In Chancery. 
 
 Between— The Keverend J. W. M., Plaintiff, 
 
 and 
 J. W. and R. W. W. (her husband), 
 M. W. and The Reverend W. W. (her 
 husband), E. F. and J. F. (her husband), 
 J. K. W., R. W. G. W., M. M. and H. B. 
 M. (her husband), M. W., S. B. W., J. 
 W., and M. G. M. (the last three being 
 infants under the age of twenty-one 
 years), Defendants. 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The Bill of Complaint of the Reverend J. W. M., of the 
 Village of Mitchell, in the County of Perth, Presbyterian 
 Minister, 
 Sheweth, as follows : 
 
 1. The late E. M. was, in the year of our Lord 1869, 
 married to the plaintiff, without any ante-nuptial settle- 
 ment. 
 
 2. The said E. M. departed this life on the 9th day of 
 June, 1870, having first duly made and published her last 
 will and testament, executed in manner and form sufiicient 
 for the purposes therein mentioned, which said will is in 
 the words following, that is to say : 
 
 " I give all my real and personal estate unto my brother, 
 J. W., my husband, J. W. M., and R. H. D., of York, in the 
 County of Haldimand, physician, their heirs, executors 
 and administrators upon trust : To sell and conveit into 
 money such real and personal estate, and to invest the 
 sum of $10,000, thus arising, in the name of ray said 
 trustees, in such manner and in such securities as they 
 may deem advisable, and to pay the annual income there- 
 of to my child, M. G. M., or expend the same or a sufficient 
 portion thereof in or towards the maintenance and educa- 
 tion of my said child, during her minority ; and upon her 
 attaining her majority, to pay the said $10,000, together 
 with any accumulations, to her ; but in the event of the 
 death of my said child before the said legacy shall have 
 been paid to her, I direct the same be paid to my said 
 husband. 
 
 " It is my will, that out of the remainder of my estate, 
 the sum of $1 0,000 be paid by my said trustees to my 
 husband, also above named, for his own use absolutely. 
 
PROCEEDINGS IN CHANCERY — BILLS. 155. 
 
 " I further direct my said trustees to pay to my cousins, 
 J. I and M. D., the sum of $1,000 each, and to E. F., wife 
 of J. F., of the Town of Brantford, engineer, the sum of 
 S2,000. 
 
 " It is my wish and desire that my sister-in-law, A. M., 
 shall have the care of my said child while she continues 
 to live with my said husband, or so long as may be mu- 
 tually agreeable to her and my said husband, and during 
 such period shaU receive from my said trustees the sum 
 of S200 each year for her trouble. 
 
 " I direct my said trustees to divide the residue of my 
 estate, thus coming into their hands, among my brothers 
 and sisters, share and share alike ; and I appoint mj^ said 
 trustees executors for this my will ; and I hereby de- 
 clare, that if the said trustees hereby appointed, or any of 
 them, shall die in my lifetime ; or if they or any of them 
 shaJl, after my death, die, then and so often the said trus- 
 tees or trustee (and for this purpose every retiring or re- 
 fusing trustee shall be considered a trustee) may appoint 
 a new trustee or new trustees in the place of the trustee 
 or trustees so dying, or desiring to be discharged, or re- 
 fusing, or becoming incapable to act ; and upon every such 
 appointment, the trust property shall be transferred to and 
 vested in the new trustee or trustees, either solely or with 
 a continuing trustee or trustees, as the case may require." 
 
 3. At the time of her death, the said E. M. was posses- 
 sed of and entitled to considerable personal estate, which 
 had been bequeathed to her by the will of her father, G. 
 W., who died on or about the 5th day of October, A.D. 
 1865. 
 
 4. Probate of the said will of the said E. M. was duly 
 granted to the plaintiff by the proper Court in that be- 
 half ; the other executors named therein having renounced 
 and disclaimed. 
 
 ■5. J. I., in the said will named, has since intermarried 
 with and is now the wife of the defendant R. W. W. 
 
 6. M. D., in the said will named, has since intermarried 
 with and is now the wife of the defendant the Reverend 
 W. W. 
 
 7. A. M., in the said will named, is no longer residing 
 with the plaintiff, and now claims no benefit under the 
 said will. 
 
 8. The defendants, J. K. W., R. W., G. W., M. M., M. W., 
 S. B. W., and J. W. are the brothers and sisters of the said 
 E. M. 
 
 9 The defendant, M. M., is the wife of the defendant 
 H. B. M. 
 
156 FORMS AND PRECEDENTS OF 
 
 10. The defendants, S. B. W. and J. W., are infants 
 under the age of twenty-one years. 
 
 11. The defendant, M. G. M., who is the only child of 
 the said testatrix, is an infant of tender years. 
 
 12. The plaintiff has been advised that it is doubtful 
 whether the said E. M. had, by law, the power to make 
 the dispositions of her estate in the said will contained, 
 and that it is proper to seek the direction of this Honoura- 
 ble Court. 
 
 13. It is doubtful whether, under the Act respecting 
 certain separate rights of property of married women, the 
 legacies to the plaintiff and to the defendants, J. W., M. 
 W. and E. F. are valid. 
 
 14. It is doubtful whether the residuary bequest in 
 favour of the defendants, the brothers and sisters of the 
 said testatrix, is valid. 
 
 15. It is doubtful whether the bequest to the infant 
 defendant, M. G. M., is entitled to priority, and to be paid 
 in full, and whether it must abate in the event of a de- 
 ficiency. 
 
 16. It is doubtful whether the said legacies mentioned 
 in the thirteenth paragraph hereof, if valid, should abate 
 proportionably in the event of a deficiency. 
 
 The plaintiff therefore prays : 
 
 1. That the said wiU may be interpreted and 
 the trusts thereof declared by this Honourable 
 Court, and the rights and interests of all the 
 parties hereto ascertained and declared. 
 
 2. That the plaintiff" may have such further 
 and other relief as may seem meet. 
 
 T. M. 
 
 82. 83. Bill hy principal against agent for account, and 
 
 against ^eSr discovcry, charging fraud. 
 
 account, and 
 discovery, charg- 
 
 ing fraud. in Chancery. 
 
 Between— A. B,.., Plaintiff, 
 
 and 
 A, McL Defendant. 
 
 Town of Owen Sound. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of A. B., of the Township of Sul- 
 livan, in the County of Grey, yeoman, humbly complain- 
 ing, 
 Sheweth as follows : 
 
 1. The defendant having been for sevAvnl Tronro o afn- 
 
PEOCEEDINGS IN CHANCERY — BILLS. 157 
 
 dent of law with a professional gentleman practising in 
 the Town of Durham, in the County of Grey, and having 
 recently opened an office of his own there, is generally 
 looked upon by the farmers and others as a legally quali- 
 fied attorney and land agent, which in fact he holds him- 
 self out as being, and thereby secures and does a consid- 
 erable amount of business of a legal character. 
 
 2. The plaintiff, believing him to be a legally qualified 
 lawyer, some months ago applied to the defendant to have 
 him transact certain legal business for him, the plaintifi, 
 and for such purposes appointed him liis agent, such busi- 
 ness being the obtaining of the patent from the Crown to 
 lots numbers 224 and 225 {describing them), and the sale 
 of lot number 220 in the said Concession ; and for the 
 services of the defendant in respect of such business it 
 was agreed between the plaintifi" and the defendant that 
 the latter should be entitled, out of the proceeds of the 
 sale of lot number 220, to retain one-half, and should 
 pay over the other half to the plaintiff". 
 
 3. Previous to this, and on or about the I3th day of 
 October, in the year 1871, the plaintiff" had paid up to the 
 Crown in full the purchase money of the said two lots 
 for which the patent was to be obtained, being the sum of 
 $433. 
 
 4. About a month ago, the plaintiff" having been advised 
 that the patent for the said two lots, 224 and 225, was in 
 the hands of the defendant ready for him, and that the 
 defendant had sold the said other lot, called on the de- 
 fendant for the purpose of obtaining the patent and re- 
 ceiving the half of the purchase money of the lot sold, 
 when the defendant handed the plaintiff" the patent and 
 ten dollars, which he alleged was the full amount of the 
 purchase money of the lot sold. 
 
 5. The plaintiff" was surprised on examining the patent 
 to find that the consideration money therein expressed 
 was only $232, instead of the sum he expected to find it, 
 and which he had paid the Crown Lands Department, 
 namely, $433. 
 
 6. On calling the defendant's attention to this, he stated 
 that only the principal money was expressed in a patent, 
 and that the difference between the two sums must be 
 interest ; but finally, on the date of the original purchase 
 being pointed out to him, namely, the year 1869, he ad- 
 mitted the absurdity of that and stated that probably a 
 reduction in the price had been made by the Government. 
 
 7. The Government of the Province of Ontario have re- 
 cently caused the Crown Lands in the said Township of 
 
158 FORMS AND PRECEDENTS OF 
 
 to be revalued, and where the original price was 
 
 manifestly too high, have reduced the same to what they 
 considered right, and to this it was the defendant referred. 
 
 8. The defendant then informed the plaintiff that even 
 if the price had been so reduced it was very unlikely that 
 the surplus, or any part of it could ever be got back from 
 the Government ; and having convinced the plaintiff that 
 such was the case, induced him, in consideration of $40, to 
 assign to him the defendant, by a written instrument, all 
 the right of the plaintiff thereto. 
 
 9. The plaintiff has just learned that the said lots to 
 which said patent relates, consisting of 116 acres, and 
 originally sold for $3 per acre, were in the manner afore- 
 said, under the said revalution, reduced to the price of $2 
 per acre. 
 
 10. The plaintiff has further just learned that nearly 
 two months previous to the said conversation between 
 the plaintiff and the defendant, the latter, as the plain- 
 tift's agent, and for the plaintiff's benefit, had received from 
 the Government the sum of $206 20, being the reduction 
 made as aforesaid, and that at the very time of such con- 
 versation the defendant held the said sum in his hands. 
 
 11. And as to the said lot number 220, sold by the de- 
 fendant for the plaintiff on the terms aforesaid, the plain- 
 tiff says that he has applied to the defendant to account for 
 the money received by him in respect thereof, but the de- 
 fendant refuses to give any particulars whatever in res- 
 pect thereof ; and the plaintiff charges, as the fact is, that 
 the defendant sold the said lot number 220 for a much 
 larger sum than $20, the amount for which he asserts he 
 sold the same. 
 
 12. The plaintiff submits that by the means and under 
 the circumstances aforesaid the defendant has perpetrated 
 on the plaintiff a gross fraud, any profit from vfhich that 
 he may have derived or may now be attempting to derive 
 this Honourable Court will not permit him to retain. 
 
 The plaintiff therefore prays : 
 
 1. That the defendant may make a full and 
 true discovery and disclosure of and concerning 
 the matters hereinbefore stated. 
 
 2. That the assignment mentioned in the 
 eighth paragraph of this Bill may be declared to 
 be fraudulent and void, and may be ordered to be 
 delivered up to be cancelled. 
 
 3. That it may be declared that the said sum 
 of $206.20 received by the defendant in manner 
 
PROCEEDINGS IN CHANCERY— BILLS. I59 
 
 aforesaid belongs to the plaintiff, and that the 
 defendant may be ordered to pay the same, and 
 whatever may be found due to the plaintiff in 
 respect of the said lot number 220, to the plain- 
 tiff with interest. 
 
 4. That for such purposes all proper directions 
 may be given, accounts taken, and enquiries 
 made. 
 
 5. That the defendant may be ordered to pay 
 the costs of this suit. 
 
 6. That the plaintiff may have such further 
 and other relief as the nature of the case may 
 require, and to this Honourable Court may seem 
 meet. 
 
 7. And the plaintiff will ever pray. 
 
 83. Bill to wind up 'partnership and for receiver, 83. 
 alleq i nq Tuiseo nduct of partner, &c. ' bui to wind up 
 
 ^ partnership and 
 
 for receiver^ 
 
 In Chancery. '^Siu... 
 
 Between— A. E Plaintiff, 
 
 and 
 W.H.J Defendant, 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The Bill of Complaint of A.H., of the Town of Barrie, 
 in the County of Simcoe, physician, 
 Sheweth as follows : 
 
 1. In the month of September, 1871,' the plaintiff and 
 the defendant agreed to enter into partnership in the busi- 
 ness of Brokers, to be carried on in the City of Toronto, 
 under the name of H. and J., on the terms following : The 
 defendant, who was a bookkeeper and accountant, skilled 
 in the business, but without capital, was to conduct the 
 business and keep the books and receive one-fourth of the 
 profits ; while the plaintiff, who was a physician practising 
 at Barrie, unskilled in the business, was not to be bound 
 to attend thereto, and was to advance to the firm capital 
 for the purposes of the business, and was to receive three- 
 fourths of the profits, but no written articles of partner- 
 ship were executed. 
 
 2. The plaintiff, in pursuance of the said agreement, in 
 the said month of September advanced to the defendant, 
 on behalf of the partnership, the sum of $4,884 for the pur- 
 poses of the said business. 
 
 3. The plaintiff had, prior to the said partnership, ad- 
 
160 FORMS AND PRECEDENTS OF 
 
 vanced to the defendant the sum of $500 for the purposes 
 of a joint speculation in stocks, which was still going on 
 at the date of the said partnership. 
 
 4.. The defendant neglected to keep proper or any books 
 of the said business, or to make proper or any statements 
 to the plaintiff in respect thereof, although the plaintiff 
 frequently applied to him so to do. 
 
 5. The defendant was married to a sister of the plain- 
 tiff, and this connexion rendered the plaintiff unwilling to 
 proceed to extremities against the defendant, notwithstand- 
 ing his default aforesaid. 
 
 6. In the month of March last the plaintiffs said sister 
 died, and immediately thereafter the plaintiff pressed the 
 defendant for a statement of the said business, which the 
 defendant promised to give, but he failed to do so; though 
 he informed the plaintiff, as he had previously informed 
 him, that the said business had made between $600 and 
 $1,000 profit, which had been sufficient to pay the running 
 expenses of the business, so that in effect the capital was 
 intact. 
 
 7. Within a few days after the said last-mentioned 
 request, the defendant telegraphed the plaintiff to come 
 to Toronto, and on his arrival the defendant informed him 
 that he had made a loss in Canadian Bank of Com- 
 merce stock amounting to about $700, but he gave no 
 further statement, whereupon the plaintiff determined 
 forthwith to dissolve the said partnership, and so informed 
 the defendant, and the defendant agreed to such dissolu- 
 tion, and the same was effected and duly registered in or 
 about the end of April, 1872. 
 
 8. The plaintiff thereupon insisted on the defendant 
 furnishing him with books and statements of the said 
 business, and the defendant admitted that there were 
 none ; but some time thereafter the defendant presented to 
 the plaintiff certain books which he had in the meantime 
 prepared, and which he alleged contained the accounts of 
 the said business. 
 
 9. In the month of January, 1872, the defendant had 
 paid to the plaintiif $500 in United States silver, equal to 
 about $480, which, with a small sum of about $10, was 
 the only sum received by the plaintiff for the said business 
 during the said partnership. 
 
 10. Since the dissolution the said defendant has paid to 
 the plaintiff the sum of $480 in respect of the said busi- 
 nesa, and the plaintiff has collected from the assets of the 
 said business about $995 ; and save these moneys the plain- 
 tiff has received nothing in respect of the said business. 
 
PROCEEDINGS IN CHANCERY— BILLS. 1(31 
 
 and the plaintiff has been obliged to pay $150 for a part- 
 nei-ship debt. ^ 
 
 11. The plaintiff has no assets of the said partnersliip 
 and the defendant alleges that he has no assets thereof 
 and that he handed over to the plaintiff all the assets 
 thereof, and that the balance of the plaintiff's capital has 
 been lost. 
 
 1-2. The plaintiff put the said books into the hands of 
 an accountant, and has ascertained from him that, as the 
 fact is, the ^aid books are imperfect and do not disclose 
 the trans;ictions of the said business, many of which are 
 entirely omitted therefrom ; and even from the said books 
 there would appear to be a balance unaccounted for in the 
 hands of the defendant ; and it further appears that the 
 defendant took and used for his own purposes a sum of 
 Sl.lSO, with which he does not charge himself 
 
 13. Recently the plaintiff has ascertained, as the facts 
 are, that the defendant in the month of December last re- 
 alized an asset of the said business, consisting of stock in 
 the Bank of Hamilton, of which he had given no account 
 to the plaintiff in the said books, or otherwise, and the 
 proceeds of which he has converted to his own use. 
 
 1-1. Eeeently the plaintiff has ascertained that, as the 
 fact is, the defendant during the said partnership invested 
 part of the funds of the said business in a loan to one 
 \V. H., and the said W. H. is in respect of such advance a 
 debtor to the amount of S4,000 ; but the said advance, 
 though made in the course of the partnership business, 
 and with the capital aforesaid, was made in the defend- 
 ant's name, and the defendant threatens and intends, and 
 will unless restrained, collect the same and place it be- 
 yond the reach ol' the plaintiff. 
 
 15. The plaintiff cannot, without the assistance of this 
 Honourable Court, discover the assets of the said business 
 or the true condition therecif ; and the defendant, who is 
 without means, will deprive the plaintiff of the large 
 balance due to him unless he is restrained by this Hon- 
 ourable Court. 
 
 16. The plaintiff charges that the defendant has in his 
 hands or under his control divei-s assets of the said part- 
 nership, and that if the same were collected the balance 
 due to the plaintiff would be paid. 
 
 17. The plaintiff prays as follows : 
 
 1. That the defendant may be restrained by 
 the order and injunction of this Honourable 
 Court from ci-iilecting and getting in any part 
 11 
 
162 
 
 FORMS AND PEECKDENTS OF 
 
 of the said partnership assets, and particularly 
 the said sum due by the said W. H., and that a 
 receiver may be appointed of the said assets of 
 the said partnership. 
 
 2. And that the accounts of the said partner- 
 ship may be taken, and the balance due the 
 plaintiff ascertained and paid over, the plaintiff 
 submitting and hereby offering to account and 
 do in the premises as shall be right, and as he 
 may be ordered. 
 
 3. And for the purposes aforesaid, that all 
 proper directions may be given and accounts 
 taken. 
 
 4. And that the plaintiff may have such other 
 and further relief as shall be just. 
 
 5. And the plaintiff will ever pray. 
 
 84. Bill by tenants in common against co-tenants for 
 
 84. 
 
 Bill by tenants , ,-. 
 
 in common Sale OT partition. 
 
 ag:ainst co-ten- 
 ants for Bale or 
 partition. 
 
 In Chancery. 
 
 Between— H. E. M., 0. W. K., C. E. K. and E. 
 
 J. L Plaintiffs, 
 
 and 
 E. P., E. K., R. J. K., and I. L. P., 
 and M. P., two infants under the age 
 of twenty-one y ears Def en dants. 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of H. E. M., of the Town of Erie, 
 in the State of Pennsylvania, one of the United States of 
 America, wife of W. H. M., of the same place, farmer ; 
 0. W. K., of the Town of Jamestown, in the State of New 
 York, one of the United States of America, Dentist ; 
 C. E. K., of the Town of Youngstown, in the State of 
 Ohio, one of the United States of America, gentleman ; 
 and E. J. L., of the village of Newmarket, in the County 
 of York, wife of C. H. L., of the same place, merchant, 
 the above named plaintiffs, {a) 
 Sheweth as follows : 
 
 1. W. K., in his life-time of the Township of King, in 
 the County of York, Yeoman, was in his lifetime and at 
 
 (a) See 36 Vic, e. 17, ss. 1 and 9, (fi)Dingman v. Amtin, 33 U. 0. Q. B. 190 ; Adamit 
 V. Loomis, 22 Grt. 99, since atlirmed on rehearing. If the suit relate to lands not affected 
 by C. S. U. C, c. 73, or 35 Vic, c. 17, a next friend would have to be named for the 
 
 married women plaintiffs • --" ---' '■'-- '---»--- -■•--:-•-.- .-- - — ^ — . - . 
 
 by 36 Vic, e. 17, s, 1, the 
 
PROCEEDINGS IS CHANCERY — BILLS. 163 
 
 the time of his death hereinafter mentioneil, seized of ov 
 otherwise well and suthoiently entitled to the folluwino; 
 lands and premises, that is to say : That certain parcel or 
 tract of land and premises, situate, lying and being in the 
 Township of King, in the County of Yoi'k, being com- 
 posed of {describing lamJ-^^. containing 105 acres nioie or 
 less, save and except 193. acres sold off tlie said half Lot, 
 and described in the several conveyances thereof to the 
 various purchasers. 
 
 ■2. On or about the 24th day of February, AD. 1873, 
 and while he was so seized oi the said lands and premises, 
 the said W. K. departed this life, intestate. 
 
 3. The said W. K. left hmr surviving his widow the de- 
 fendant E. K. and ten children, namely, the plaintiffs, the 
 defendants E. P. and E. J. K. and il. A. P., wife of one 
 J. J. P., G. W. K., A E. K., and S. K., his sole heirs and 
 heiresses at law. 
 
 i. The said M. A. P. departed this life shortly after the 
 said W. K., leaving her said husband, J. J. P., and the 
 infant defendants I. L. P. and M.P., her only children and 
 heiresses at law, her surviving. 
 
 -3. By Indenture bearing date the l7th day of February, 
 A.D. liiT-i, made between" the above nanied G. W. K. of 
 the fir>t part, and the defendant R. J. K. of the second 
 part, the ^aid G. ^V. K. did grant, convey and transfer to 
 the said defendant R. J. K. all his undivided share and 
 riirht, title and interest in and to the real estate of, or to 
 which the said W. K. died possessed or entitled. 
 
 6. By Indenture bearing date the 24th day of Jariuary, 
 A.D. 1^75, made between the above named A. E. K. and 
 S. K. of the tir>t part, and the defendant R. J. K. of the 
 second part, the said A. E. K. and S. K. did grant, convey 
 i nd transfer to the said defendant R. J. K. all their un- 
 i ivided share and right, title or intei-est in or to the real 
 estate of, or to which the said W. K. died possessed or 
 entitled 
 
 7. The plaintiffs and the defendant E. P. are each en- 
 titled to a tenth share in the said lands and premises, the 
 defendant R. J. K. is entitled to four-tenths of the said 
 lands, and the defendants I. L. P. and U. P. are entitled 
 in equal shares to one-tenth of the said lands. 
 
 8. The defendant E. K., as the widow of the said W.K., 
 is entitled to dower in the whole of the said lands and 
 premises. 
 
 9. The plaintiffs submit that they are entitled to a 
 partition or sale of the said lands, and to a division of the 
 same or the proceeds thereof amongst the parties entitled 
 
164 FORMS ANB PEECEDENTS OF 
 
 10. The said parcels of land have alwaj'^s been used to- 
 gether as a farm, and are chiefly available as farming 
 lands, and the plaintiffs show that, having regard to the 
 nature and circumstances of the said lands and premises, 
 and to the number of persons entitled to share therein, it 
 would be much more advantageous for all parties that the 
 same should be sold, and the proceeds divided amongst 
 the parties entitled thereto. 
 
 The plaintiffs therefore pray : 
 
 1. That the said lands may be sold, and the 
 proceeds thereof divided amongst the parties en- 
 titled thereto, according to their several shares 
 or proportions. 
 
 2. Or that the said lands may be partitioned 
 and divided amongst the said parties. 
 
 3. That for the purposes aforesaid, all proper 
 directions may be given and accounts taken, and 
 that the plaintiffs may be paid their costs of this 
 suit, and may have such further and other relief 
 as may be just. 
 
 85. 85. Bill by personal representative of deceased mort- 
 
 Bill by personal j j" ' ± • _l •< /. 
 
 representati^•e fifagfee to eujorce mortgage given to secure maintenance of 
 mortg^e'^to 'mortgagee and his wife. 
 
 enforce mort- 
 gage given to ^, 
 secure mainten- In Uhancery. 
 
 Between— S. E., Plaintiff, 
 
 and 
 C. E., J.-E., F. E., D. E., S. E. and 
 A. E., Defendants. 
 
 Town of Owen Sound. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of S. E., of the Township of 
 Euphrasia, in the County of Grey, the above named 
 Plaintiff, "Widow of RE., late of the Township of 
 Euphrasia, deceased, 
 Sheweth as follows : 
 
 1. Under and by virtue of an Indenture of Bargain and 
 Sale bearing date the 11th day of February, in the year 
 
 1857, and duly registered in the Registry Office of the 
 County of Grey on the 8th day of February, in the year 
 
 1858, made between R. E., since deceased, of the first part, 
 the Plaintiff his wife of the second part, and the said De- 
 fendant C. E. of the third part, the said R. E., for the ex- 
 pressed consideration of ten shillings and other considera- 
 
 ance of mort- 
 gagee and his 
 wife 
 
PROCEEDINGS IN CHANCERY — BILLS. 165 
 
 tions mentioned in the second paragrapli hereof, granted 
 to the said defendant C. E., in fee, and the Plaintiff re- 
 leased her dower in the lands and premises therein men- 
 tioned, being composed of the {deseiihe lands). 
 
 •2. The object of the said R, E., and the plaintiff was to 
 secure to themselves and to each of them a comfortable 
 support and maintenance during their natural lives and 
 the life of the survivor of them, and it was agreed between 
 the said R. E , the plaintiff, and tlie said C. E., as the con- 
 sideration for the conveyance of the said land by the said 
 R. E., and the release of her dower therein by the plain- 
 tiff, that the said C. E., his heirs and assigns, should pay, 
 furnish and deliver to the said R. E. and the plaintiff in 
 each year during their natural lives, £7.10s., currency, 
 five barrels of flower, one barrel of salt pork, thirty bus- 
 hels of potatoes, fodder for two cows and six sheep every 
 winter, and provide pasturage for two sheep during 
 the ensuing summer, haul and chop firewood, allow to the 
 said R. E., and the plaintiff four acres including the dwell- 
 ing house and garden on said Lot twenty-three, put in, 
 cut crop and barn all produce thereof and therefrom on 
 the 1st day of January in each and every year, and chop 
 firewood for the use of the said house during both winter 
 and summer, and in the event of the plaintiff surviving 
 her said husband, the said C. E. agreed to furnish her 
 during her natural life with the said house, land, and fire- 
 wood for the use of the house, and half the above provision, 
 that is to say, ,£3. 15s, two and a half barrels of flour, 
 half a barrel of salt pork, fifteen bushels of potatoes, fodder 
 one cow and three sheep every winter with hay and pro- 
 vide pasturage for one sheep during the summer. 
 
 3. "With the object and intention of carrying out the 
 said agreement and securing the performance thereof, the 
 said defendant, C. E., by indenture of bargain and sale by 
 way of mortgage, bearing date the 11th day of February, 
 18-57, and duly registei'ed in the Registry Office for the 
 County of Grey, on the 8th day of February, in the year 
 1858, granted and conveyed to the said R. E. the elder in 
 fee, the said lands and premises for securing payment 
 annually ofthe said sum of £7.10s, and the performance 
 annually of the other acts and conditions set forth in the 
 second paragraph ot this Bill, to and for the benefit of the 
 said R. E. the elder and the plaintiff, as by the said In- 
 denture, reference being thereunto had, will more fuUy 
 appear. 
 
 4. Upon payment annually of the said sum of £7. 10s, 
 to the said R. E. and the plaintiff, or in case of the 
 
166 FORMS AND PEECEDENTS OF 
 
 death of the said R. E. one half thereof to the plaintiff, 
 and upon performance of the acts and the furnishing of 
 the said goods and chattels mentioned in the second 
 paragraph hereof, the said mortgage was to become void ; 
 and the said C. E. covenanted with the said R. E. to pay 
 the said sum of £7.10s, and to furnish and provide the 
 plaintiff with the said goods and chattels, house and land, 
 fodder, pasturage and firewood, and to put in, cut crop, 
 and barn the produce thereof and therefrom on the 1st of 
 January in each and every year, and chop firewood for 
 the use of the said house during both winter and summer, 
 or in case of the death of either of them the said R. E. or 
 S. E., one half of the said sum and produce to the sur- 
 vivor. 
 
 5. The plaintiff was not made a party to the said mort- 
 gage, nor did the said C. E. enter into any covenant with 
 her, although it was intended and agreed that her support 
 and maintenance in lieu of dower should be as the plain- 
 tiff submits that it in fact is, charged upon the said lands. 
 
 6; The plaintiff shews that but for the purpose of ob- 
 taining and securing such maintenance and support, she 
 would not have released her dower in the said lands. 
 
 7. On or about the 19th day of June, in the year 1857 
 the said R. E. died intestate, leaving him surviving the 
 plaintiff, his widow, and the said defendants C. E., J. E., 
 F. E., D. E., S. E. and A. E., his only children and heirs- 
 at-law ; and letters of administration of the estate of the 
 said R. E. were duly granted by the proper Court to the 
 plaintiff, and she is now the administratrix of his estate. 
 
 8. Under and by virtue of an Indenture of Bargain and 
 Sale made in or about the year 1861, and duly registered 
 in the Registry office, of the County of Grey, the defen- 
 dant C. E. conveyed to the said defendant, J. E. the 
 equity of redemption in said lands, in consideration of 
 $1,000 and subject to said mortgage. 
 
 9. No payment was ever made by the said C. E. on ac- 
 count of the said annual sum of £7, 10s. to the said R. E., 
 or to the plaintiff during the lifetime of the said R. E., 
 nor has it been paid to the plaintiff, as his administratrix, 
 since his death. 
 
 10. The defendant, C. E. continued to reside with the 
 plaintiff on the said farm, after the death of the said R. 
 E., until the spring of the year 1861, and the plaintiff 
 during that time was furnished with the provisions re- 
 quired by the said mortgage to be supplied to her. 
 
 11. Since the spring of the year 1861, the plaintiff 
 has received neither money nor provisions from the said 
 
PROCEEDINGS IN CHANCERY — BILLS. 167 
 
 G. E., or J. E., or from any other person on their or 
 either of their accounts, but therein they have wholly 
 failed and made default, by reason whereof the plaintiff 
 submits that upon the true construction of the proviso 
 hereinbefore set forth, she is entitled to call in and have 
 paid to her the said annual sum of money and the value 
 of the goods and chattels agreed to be furnished and sup- 
 plied for her maintenance. 
 
 12. The plaintiff further submits that she is entitled to 
 have an account taken of the value of the said annual 
 maintenance, and to have the same paid to her. 
 
 13. The said R. E. has not, nor has the plaintiff since 
 his death, been in the occupation or possession of the said 
 lands and premises or any part thereof, except the four 
 acres mentioned in the second paragraph of this BiU. 
 
 14. There is now due on the said mortgage for princi- 
 pal and interest, the sum of S^OO, besides the value of the 
 said annual maintenance. 
 
 15. The defendants, some or one of them, are entitled 
 to the equity ot redemption of the said mortgaged pre- 
 mises. 
 
 The plaintiff therefore prays as follows : 
 
 1. That an account may be taken of the value 
 of the said annual maintenance, and of the 
 amount due and payable to the plaintiff upon 
 the said mortgage, and that the said defendants 
 C. E. and J. E. may be ordered to pay the same 
 and the costs of this suit, and in default thereof,^ 
 that the said lands or a competent part or parts 
 thereof may be sold ; and the proceeds applied 
 in or towards payment of the plaintiffs said 
 claim, and that the defendant C. E. may be 
 ordered to pay the deficiency (if any) after the 
 said sale. 
 
 2. That for the purposes aforesaid, all proper 
 directions may be given and accounts taken, 
 and that the plaintiff may have such further 
 and other relief in the premises as to this Hon- 
 ourable Court may seem meet. 
 
 And the plaintiff will ever pray, &c. 
 
168 FORMS AND PRECEDENTS OF 
 
 86. 86. Bili hy 'personal rept^esentative of deceased mort- 
 
 TCpresenteUvr' gagee to enfoTcc mortgage given to secure payment of a 
 mo^^lto en- ®'"'™ ^f '"^ouey OT foT maintenance of mortgagee and wife 
 force mortgage at mortqaQor's election. 
 
 given to secure ^ ^ 
 
 payment o£ a 
 
 sum of mouey or j Olio r»/»£kviT 
 
 for maintenance -m K^nanCQTy. 
 
 ofmorterageeand Between — S. M. bv J. K, her next friend, 
 
 wife at mortga- •' T>i ■ j.-^ 
 
 gar's election. Jrlaintln, 
 
 and 
 P. E., M. C, and S. C. E., P. E., 
 and P. E. infants under the age of 
 twenty-one years, and B. F., T. M., 
 and Her Majesty's Attorney-Gen- 
 eral for the Province of Ontario. 
 Defendants. 
 
 Town of Owen Sound. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The Bill of Complaint of S. M., of the Township of 
 St. Vincent, in the County of Grey, the above named 
 plaintiff, wife of the defendant T. M., by J. R., of the said 
 Township, farmer, her next friend, 
 Sheweth as foUows : 
 
 1. Under and by virtue of an indenture of bargain and 
 sale, bearing date the 9th day of September, A.D. 1852, 
 and duly registered in the Registry Office of the then 
 United Counties of Wellington and Grey, on the 26th day 
 of September, A.D. 1855, made between W. T., since de- 
 ceased, of the first part, the plaintiff, his wife, of the sec- 
 ond part, and the said defendant P. E., of the third part, 
 the said W. T., for the expressed consideration of £200, 
 granted to the said defendant P. E., in fee, and the plain- 
 tiff released her dower in the lands and premises therein 
 mentioned, being composed of the norfch-east corner of lot 
 38 in the 9th concession of the Township of St. Vincent, 
 containing by admeasurement 60 acres, more or less. 
 
 2. No part of the said consideration was ever paid in 
 money, but the object of the said W. T. and the plaintiff 
 was to secure to themselves and each of them a comfort- 
 able support and maintenance during their natural lives, 
 and the life of the survivor of them, and it was agreed 
 between the said W. T., the plaintiff, and the said P. E., 
 as the consideration for the conveyance of the said land 
 by the said W. T., and the release of her dower therein 
 by the plaintiff, that the said P. E., his heirs and assigns, 
 should furnish and deliver to the said W. T., in each year, 
 during the term of his natural life, four barrels of mer- 
 
PROCEEDINGS IN CHANCERY — BILLS. 169 
 
 chantable flour, ofle of which should be delivered every 
 three months, commencing on the 1st day of October, 
 185^2, and also one barrel of merchantable pork, to be de- 
 livered on the 1st day of January in each year ; that he 
 should also give the said W. T. the use and occupation of 
 a house and an acre of land adjoining it, and plough the 
 said land yearly for him, and should also yearly furnish 
 and deliver to the said W. T. sufficient firewood for his 
 use at the said house, and should cut the same if the said 
 W. T. from age or sickness should be unable to do so ; and 
 the said P. E. further agreed to keep for said W. T. j-early, 
 two cows, and to furnish him yearly with sis yards of 
 flannel, all wool, and six yards mixed with cotton, and in 
 the event of the plaintilT surviving her said husband, the 
 said P. E. agreed to furnish her with the said house, land, 
 keep of cows, firewood and flannel, and to deliver to her 
 two barrels of flour and half a barrel of pork during each 
 year of her natural life. 
 
 3. With the object and intention of carrying out the 
 said agreement, and securing the performance thereof, the 
 said defendant, P. E., by indenture of bargain and sale, by 
 way of mortgage, bearing date the 9th day of September, 
 A.D. 1852, and duly registered in the then United Coun- 
 ties of Wellington and Grey, on the 3rd day of February, 
 A.D. 1853, granted and conveyed to the said W. T., in fee, 
 the said lands and premises for securing payment of £200 
 and interest by the said P. E. to the said W. T., on the 1st 
 day of January next ensuing the date thereof 
 
 4. In lieu of payment of the said sum of £200 and in- 
 terest, and as an alternative condition, upon the fulfilment 
 of which the said mortgage should become void, it was 
 expressed in the proviso for repayment that the said P. 
 E. might substitute the performance of the acts and the 
 famishing of the said goods and chattels mentioned in the 
 second paragraph hereof, and the said P. E. covenanted 
 with the said W. T. to pay the sum of £200, or to per- 
 form the said acts and furnish the said provisions to the 
 said W. T. and to the plaintiff 
 
 5. The plaintifl" was not made a party to the said mort- 
 gage, nor did the said P. E. enter into any covenant with 
 her, although it was intended and agreed that her support 
 and maintenance in lieu of dower should be, as the plain- 
 tifl" submits that it in fact is, charged and secured upon 
 the said lands. 
 
 6. The plaintifl" shows that but for the purpose of obtain- 
 ing and securing such maintenance and support, she would 
 not have released her dower in the said land. 
 
170 FORMS AND PKECEDENTS OF 
 
 7. On or about the 14th day of February, A.D. 1865, 
 the said W. T. died intestate, leaving him surviving the 
 plaintiff, his -widow, who is the S. T. mentioned in the 
 proviso in the said mortgage contained, and letters of ad- 
 ministration to the estate of the said W. T. were duly 
 granted by the proper Court to the plaintiff, and she is 
 now the administratrix of his estate. 
 
 8. Subsequently to the death of the said W. T., the 
 plaintiff intermarried with and became the wife of the 
 said defendant T. M. 
 
 9. No part of the said sum of £200 and interest was 
 ever paid by the said defendant P. E. to the said W. T. in 
 his lifetime, nor has it been paid to the plaintiff, as the 
 administratrix of his estate, since his death. 
 
 10. The defendant P. E. did, during the lifetime of the 
 said W. T., deliver to him the goods, provisions and chat- 
 tels, and perform the work and labour in the said proviso 
 mentioned. 
 
 11. Upon and after the decease of the said W. T.. the 
 said P. E. did not furnish, and has not furnished or pro- 
 vided the plaintiff with the goods and chattels, or the 
 house and land, agreed to be furnished and provided dur- 
 ing the term of the plaintiff's life, but therein has wholly 
 failed and made default, by reason whereof the plaintiff 
 submits that upon the true construction of the proviso 
 hereinbefore set forth, she is entitled to call in and have 
 paid to her the whole of the money and interest secured 
 by the said mortgage 
 
 12. The plaintiff further submits, that even if "this 
 Honourable Court should not be of opinion that she is 
 entitled to call in and have paid to her the whole of said 
 principal money and interest secured by said mortgage, 
 yet she is nevertheless entitled to have an account taken 
 of the value of the said annual maintenance, and to have 
 the same paid to her by the said defendants, or that she 
 is entitled to have the value of her dower in the said 
 lands ascertained and paid to her by the said defendants. 
 
 13. The said W. T. has not, nor has the plaintiff since 
 his death, been in the occupation or possession of the said 
 lands and premises or any part thereof 
 
 14. There is now due upon the said mortgage for prin- 
 cipal $800, and for interest $500. 
 
 15. The defendant P. E. granted and released his Equity 
 of Redemption in the said lands to his son, J. E., but the 
 conveyance thereof has not been registered. The said J. 
 E. afterwards, and on or about the I9th day of July, A.D. 
 1862, died intestate, leaving his widow, and the above 
 
PROCEEBINGS IN CHANCERY— BILLS. 171 
 
 named defendant M. C. (who has since intermarried with 
 and become the wife of the defendant B. F. C), and the 
 defendants S. C. E., P. E. and C. E., his children and heirs- 
 at-law, infants within the age of twenty-one years, him 
 surviving. 
 
 16. The said W. T. was pressed into the navy at a very 
 early age, and deserted therefrom at Quebec, upwards of 
 fifty -nine years before his death. He has resided in this 
 country ever since, and has no relatives or connections 
 here except the plaintiff, and the plaintiff has been unable 
 to ascertain or discover his heirs-at-law or next of kin. 
 
 17. The defendants, or some of them, are entitled to 
 the Equity of Redemption of the said mortgaged premises. 
 
 The plaintiff therefore prays as follows : — 
 
 1.' That an account may be taken of the prin- 
 cipal money and interest due upon the said mort- 
 gage, and that the defendants may be ordered 
 to pay the same, and in default thereof that the 
 Equity of Redemption in the said lands and 
 premises may be foreclosed. 
 
 2. Or that an account may be taken of the 
 value of the said annual maintenance, or that 
 the value of the dower of the plaintiff in the 
 said lands at the time of the death of her said 
 husband, may be ascertained, and that the said 
 defendants may be ordered to paythe same, and 
 in default thereof that the Equity of Redemp- 
 tion in the said lands may be foreclosed. 
 
 3. That the plaintiff may be paid her costs of 
 this suit. 
 
 4. That for the purposes aforesaid all proper 
 directions may be given and accounts taken, and 
 that the plaintiff may have such further and 
 other relief in the premises as to your Lordships 
 may seem meet. 
 
 And the plaintiff will ever pray, &c. 
 
 F. 0. 
 
172 FORMS AND PRECEDENTS OF 
 
 87. 87. Bill against representatives oj deceased mortgagor 
 
 rSsSfraof for sale of mortgaged fremises tind for administration oj 
 ^loJ'for Tailed ^*'* i'State in the event of a deficiency. 
 
 mortgaged pre- 
 mises and for t ^-^^ 
 
 administration of In Ohancery. 
 
 efentTal:.'"' Between C. B PlaintifF, 
 
 flciency. and 
 
 M. S. and W. S. her husband, M. M. and R. M. 
 her husband, J. W., G. W. and S. W. and D. M., 
 Infants, respectively under the age of twenty- 
 one years, and A. W., C. A. S. and J. G., Execu- 
 trix and Executors of the last will and testa- 
 • ment of D. W., deceased Defendants. 
 
 City of Hamilton. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of C. B., of the Township of 
 Toronto, in the County of Peel, yeoman, the above named 
 plaintiff, 
 Sheweth : 
 
 1. Under and by virtue of an indenture dated the 10th 
 day of November, A.D. 1857, and duly registered in the 
 Registry Office of the County of Wentworth, on the 
 11th day of the same month, made between one D. W., 
 therein described, of the first part ; A. W., wife of the 
 said D. W., who joined in the said indenture for the pur- 
 pose of barring her dower only, of the second part ; and 
 your complainant of the third part. Your complainant is 
 a mortgagee of all and singular those certain parcels or 
 tracts of land and premises situate, lying and being in the 
 City of Hamilton, in the said County of Wentworth, be- 
 ing composed of village lots numbers 7, 9 and 10, accord- 
 ing to a plan or survey thereof by John W. Downs, and 
 being part of lot 17 in the 1st, otherwise called the 2nd 
 concession of the Township of Barton aforesaid, as de- 
 scribed in the deed of said lots from H. J. L. to the said 
 D. W., dated the 12th day of May, 1852, and registered in 
 the Registry Office of the County of Wentworth on the 
 22nd day of the same month for securing the sum of 
 $1,000 and interest at the rate of six per cent, per annum, 
 which the said D. W. by the said indenture covenanted 
 to pay as follows, that is to say, the said principal sum at 
 the end of eight years from the 17th day of January, 1857, 
 and the interest yearly at the rate aforesaid on the 27th 
 day of the month of January in each j-ear so long as the 
 principal sum should remain unpaid, the iirst of such pay- 
 ments to be made on the 27th day of January, 1858. 
 
PROCEEDINGS IN CHANCERY — BILLS. I73 
 
 2. The sum of S210 has been paid on account of interest 
 and nothing on account of principal. 
 
 3. Your complainant has not been in the occupation of 
 the said premises or any part thereof 
 
 4. There is now justly due upon the said security for 
 pnncipal §1,000 and for interest $258 34. 
 
 6. On or about the 24th day of November, A.D. 1863, 
 the said D. W. departed this life, having first duly made 
 and published his last will and testament in wilting, duly 
 executed so as to pass real estate according to the laws of 
 this Province, and thereby, after making his debts a charge 
 upon all his real and personal estate, he devised the said 
 lot number 9 to his daughter the said defendant, M. S., 
 wife of the said defendant W. S. ; the said lot number 10 
 to his son, the said defendant, J. W.jand the said lot num- 
 ber 7 to his daughter, the said defendant, M. M., wife of 
 the said defendant R. M., during her natural Hfe, and after 
 her decease to the said defendant D. M. and his heirs. 
 
 6. The said defendants, in the last paragraph mentioned, 
 or some of them, are entitled to the. Equity of Eedemp- 
 tion of the said mortgaged premises 
 
 7. The said testator appointed his wife, the said de- 
 fendant, A W., and the defendants C. A. S. and J. G., ex- 
 ecutrix and executors of his said will, and on or about the 
 12th day of December, 1863, the said three defendants 
 last named obtained letters Probate from the proper court 
 in that behalf of the said will, and have taken upon them- 
 selves the execution thereof. 
 
 8. Your complainant charges that the said mortgaged 
 premises are a scanty security for the principal and in- 
 terest due upon the said mortgage, and that he is entitled, 
 sueing as he does in this respect on behalf of himself and 
 all the other creditors of the said D. W., deceased, to rank 
 as a specialty creditor upon the general estate of the said 
 D. W., and to have the same administered and the pro- 
 ceeds applied in payment of his debts, including that of 
 your complainant, under the order and direction of this 
 Honourable Court. 
 
 9. The said defendants, A. W., S. W. and G. W., are 
 devisees under the said wi\l of all the lands of the said 
 testator other than those comprised in the said mortgage. 
 
 Your complainant therefore prays as follows : 
 
 1. That he may be paid the said mortgage 
 debt and interest and the costs of this suit. 
 
 2. Or in default thereof that the said mort- 
 gaged premises may be sold and the proceeds 
 
174 FOEMS AND PRECEDENTS OF 
 
 thereof applied in or towards such payment a 
 aforesaid. 
 
 3. That if necessary this suit may be taken ai 
 being on behalf of the plaintiff and all other th( 
 unsatisfied creditors of the said D. W., and tha 
 the real and personal estate of the said D. W 
 may be administered by the decree and undei 
 the direction of this Honourable Court for th< 
 benefit of your complainant and the other credi 
 tors of the said D. W., deceased, and the pro- 
 ceeds applied in a due course of administratior 
 in or towards the payment of his debts, includ- 
 ing that of your complainant, and that youi 
 complainant may be admitted as a specialty 
 creditor in respect of the said debt. 
 
 4. That for the purposes aforesaid all propei 
 directions may be given and accounts taken, and 
 that your complainant may have such furthei 
 and other relief in the premises as the circum- 
 stances of the case may require, and to youi 
 Lordships may seem meet. 
 
 T.M. 
 
 88. 88. Bill to restrain diversion oj Water Course. 
 
 Bill to restrain 
 diversion of 
 
 Water Course. In Chancery. 
 
 Between T. M Plaintiff 
 
 and 
 A. G. andJ. G Defendants 
 
 City of Toronto. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The BiU of Complaint of T. M., of the Township oi 
 York, in the County of York, Farmer, 
 Sheweth as follows : 
 
 1. That prior 'to the 15th day of June, in the yeai 
 1856, the plaintiff was the owner of all and singular those 
 certain lands and premises situate, lying and being in the 
 Township of York aforesaid, containing by admeasure- 
 ment 30 acres, being composed of the north-west half oJ 
 Lot No. 12, on the west side of Yonge Street, in the said 
 Township. 
 
 2. That by an Indenture bearing date the said 15tli 
 day of June, in the year 1856, made between the plaintifl 
 of the first part ; M. A. M., his wife, for the purpose of bar- 
 ring dower, of the second part ; and one J. R., of the 
 third part, the plaintiff did grant and convey the said lands 
 
PROCEEDINGS IN CHANCERY — BILLS. 175 
 
 and premises to the said J. R., his heirs and assigns, re- 
 serving, however, to himself by the said Indenture ' the 
 right to enter upon the said lands and premises, and lay 
 down a pipe or drain to a spring thereon in front of G.'s 
 gate from the road, and the right to lead and use the 
 water of the said spring to the road for the use of the 
 public at all times. 
 
 3. That by an Indenture bearing date the 4th day of No- 
 vember, in the year 1868, the said J. R. sold and conveyed 
 the said lands and premises to the defendant A. G., who 
 now claims to be the owner thereof 
 
 -t. The defendant J. G. is oi- claims to be in possession 
 of the said lands and premises as tenant of the said de- 
 fendant A. G. 
 
 5. The spring hereinbefore referred to as being upon 
 the said lands and premises is a valuable one, affording a 
 never-failing supply of water. 
 
 6. That, in accordance with the rights reserved by the 
 said deed, and the intention with which the same were re- 
 served, the plaintiff, in or about the month of June in the 
 year 1872, at a considerable expense to himself, caused 
 and procured a pipe to be laid from the said spring to the 
 onh' road on which the said lands and premises abut, 
 whereby the waters of the said spring were brought 
 therefrom to the said road and allowed to fall into a 
 large wooden trough for the use of the plaintiff and his 
 cattle and that of the public at large. 
 
 7. That the defendants were well aware of the reserva- 
 tions contained in the said Indenture firstly mentioned, 
 and of the plaintiffs rights thereunder. 
 
 8. That the said defendants were well aware of the 
 plaintiff having caused and procured such pipe to be 
 placed upon the said lands as aforesaid, and were present 
 at the time the said work or a portion thereof was being- 
 done, and offered no objection thereto ; but acquiesced in 
 the said work being done, and recognized and admitted 
 the plaintiff's right to lay the said pipe and to the use of 
 the water as aforesaid. 
 
 9. That lately the defendant J. G., at the suggestion and 
 with the knowledge and concurrence of the other defend- 
 ant, with the view and intention of cutting off the supply 
 of water through the said pipe from the said spring, has 
 caused a pipe or drain to be laid or made, intersecting the 
 pipe placed upon the said lands by the plaintiff as afore- 
 said, whereby the supply of water from the said spring 
 through the said pipe to the road is interfered with and 
 wholly diverted and caused to flow through the pipe or 
 
176 FOBMS AND PRECEDENTS OF 
 
 drain so laid by the defendant J. G. ; and the defendants 
 have also, by placing other obstructions in the flow of the 
 said water, diverted the same from the pipe placed upon 
 the said lands by the plaintiff as aforesaid. 
 
 10. That by means of the said pipe or drain of the de- 
 fendants, the supply of water which the plaintiff is entitled 
 to by virtue of the reservation in the Indenture aforesaid 
 is wholly withdrawn, and the plaintiff's rights under the 
 said reservation have been injured and damnified. 
 
 11. The plaintiff submits that the defendants ought to 
 be restrained from diverting or continuing to divert the 
 water of the said spring from flowing through the pipe so 
 placed by the plaintiff upon the said lands, and from fur-; 
 ther interfering with the plaintiff's rights reserved by the 
 said Indenture, and ought to be ordered to remove any 
 obstructions placed by them or either of them preventing 
 or hindering the flow of water from the said spring to the 
 road through the pipe so placed upon the said lands by 
 the plaintiff. 
 
 12. The plaintiff further submits that an account ought 
 to be taken of the damage sustained by the plaintiff by 
 the diversion of the said water, and that the defend' 
 ants ought to be ordered to rnake good such damage. 
 
 The plaintiff therefore prays : 
 
 1. That his rights under the said Indenture to 
 the said J. R. may be declared by this Honour- 
 able Court. 
 
 2. And that the defendants may be restrained 
 by the order and injunction of this Honourable 
 Court from diverting and continuing to divert 
 the water of the said spring from flowing through 
 the pipe so placed upon the said lands and pre- 
 mises by the plaintiff, and from further inter- 
 fering with the plaintiff's rights under the said 
 Indsnture to the said J. R.,and may be ordered 
 and directed to remove any obstruction placed 
 or caused to be placed by them, or either of 
 them, whereby the waters of the said spring 
 are prevented or hindered from flowing through 
 or by the said pipe to the road as aforesaid. 
 
 3. And that an account may be taken of the 
 damage sustained by the plaintiff by reason of 
 the diversion of the said water by the defendants 
 as aforesaid. 
 
 4. And that the defendants may be ordered 
 to pay and make good such damage. 
 
PROCEEDINGS IN CHANCERY — BILLS. 177 
 
 5. And that the defendants may be ordered 
 to pay the costs of this suit. 
 
 6. And that for these purposes all necessary 
 and proper directions may be given and accounts 
 taken as the nature and circumstances of the 
 case require, and as to this Honourable Court 
 shall seem meet. 
 
 And the plaintiff will ever pray. 
 
 J. B. 
 
 '^9. Bill for conveyance oj legal estate, against infants 89. 
 
 in whom it is vested as bare trustees ^'^^ '<"' convey- 
 
 ance of legal 
 estate, a^inst 
 
 Between J.S.S Plaintiff, JtlrveTedt'"" 
 
 nyiA tiare trustees. 
 
 F. B. and H. B. and E. B., infants under the age 
 of twenty-one years Defendants. 
 
 Town of Goderich. 
 
 To the Honourable the Judges of the Court of Chancery. 
 
 The Bill of Complaint of J. S. S., of the Town of Gode- 
 rich, in the County of Huron, Esquire, 
 Sheweth as follows : 
 
 1. Under and by virtue of an Indenture of Lease bear- 
 ing date on or about the 25th day of March, A.D. 1852, 
 the Canada Company, who were then seized in fee simple 
 of the lands and premises hereinafter described, leased to 
 one M. H., in the said Indenture mentioned, for and during 
 the term of 10 years from the date thereof, the following 
 lands and premises, that is to say — Lots numbers 799, 800, 
 801, 825, 826 and 827 in the Town of Goderich, in said 
 Count}', together containing b}"- admeasurement 1^ acres 
 of land, be the same more or less ; and by said Indenture 
 there was also reserved to the said lessee M. H., the right 
 to purchase, and the said Canada Company covenanted to 
 seD the said premises at any time during the continuance 
 of said lease, at the price of £225 ; and the said lease, to- 
 gether with all rights thereunder, was subsequently and 
 before the expiration of the term by it demised, and be- 
 fore the date of the will hereinafter set forth, duly as- 
 signed by the said M. H. for valuable consideration to 
 one G. B., of the said Town of Goderich, since deceased, 
 which assignment was duly registered in the ofBce of the 
 Canada Company on or about the 25th day of March, A.D. 
 1854, and the said Canada Company thereupon accepted 
 the said G. B. as lessee of the said premises, and recog- 
 nized his right to exercise the right of purchase hereinbe- 
 12 
 
178 FORMS AND PEECEDENTS OF 
 
 fore referred to; and the said G. B., before the date of the 
 said will, made divers payments to this said Canada Com- 
 pany under the said lease. 
 
 2. On or about the 20th day of August, A.D. 1857, the 
 said G. B. made and published his last will and testament, 
 duly executed so as to pass real estate by devise in Oq- 
 tario, in the words following, that is to say : 
 
 " This is the last will and testament of me, G. B., of 
 " the Township of Goderich, County of Huron, Canada 
 " West. 
 
 "I direct that all my just debts and funeral expenses, be 
 " paid and satisfied by my executrix hereinafter named, 
 " as soon as conveniently may be after my decease. 
 
 " I give, devise and bequeath all and every my real es- 
 "■ tate, houses, barns, town lots, together with my personal 
 " property, household furniture, linen, plate, pictures, 
 " horses-, carriages, waggons, cattle, sheep, farming imple- 
 " ments, and all and every sum and sums of money which 
 " may be in my possession at the time of my decease, and 
 " also all my stocks, funds, mortgages, shares and securi- 
 " ties for money, debts, bonds, bills, notes or other securi- 
 " ties, and all and every other my estate and effects what- 
 " soever and wheresoever, both real and personal, whether 
 " in possession or reversion, remainder or expectancy, unto 
 " my dear wife, M. C. B., to and for her own use and bene- 
 " fit absolutely ; and I nominate, constitute and appoint 
 " my dear wife, M. C. B., to be executrix of this my will, 
 " I hereby revoking all former wills. 
 
 " In witness whereof, I the said G. B. have to this my 
 " last will and testament set my hand the 20th day of 
 " August, in the year 1857. " 
 
 3. Subsequently, on or about the 30th day of January, 
 A.D. 1862, the said G. B. having paid the said Canada 
 Company the balance due in respect of the purchase money 
 of the said premises, procured a deed of the said premises 
 in fee simple from the said Canada Company, and after- 
 wards died, seized thereof in fee simple, leaving him sur- 
 viving his said widow, M. J., wife of J. J., Esquire, A. B., 
 G. B., and the defendants, his co-heirs and co-heiresses-at- 
 law. 
 
 4. On or about the 15th day of October, A.D. 1868, 
 the said M. C. B., as devisee under the last will and testa- 
 ment of her husband as aforesaid ; conveyed to the plain- 
 tifl:' the lands in question in fee simple for valuable con- 
 sideration. 
 
 5. On the decease of the said testator, the legal estate in 
 said premises descended to his said heirs-at-law, but at the 
 
PROCEEDINGS IN CHANCERY — BILLS. J 79 
 
 time of the above mentioned devise there Wcos subsisting 
 a contract for the purchase of said lands, binding upon the 
 said Canada Company ; and the plaintiff submits that the 
 subsequent enlargement by said testator of his equitable 
 interest into a legal estate by procuring the said deed 
 from the said Canada Company did not in any way act as 
 a revocation of the devise thereof to the said M. C. B., and 
 the plaintiff alleges that the said testator did not make 
 any devise or disposition of the said lands save in and by 
 the said will as aforesaid. 
 
 6. The plaintiff submits that although at law the legal 
 estate in said premises did not pass by the said will, but 
 descended to the heirs-at-law of the said testator on his 
 decease, yet the said heirs-at-law became thereby and 
 were trustees thereof for the said M. C. B., and that the 
 same is now vested in them upon trust for the plaintiff (a). 
 
 7. The adult heirs of the said testator have already 
 conveyed to the plaintiff, as grantee of the said M. C. B., 
 their interest in the said lands as trustees as aforesaid ; 
 but the defendants being infants under the age of 21 years 
 are incapable of making a valid conveyance of their in- 
 terest in the said premises without the direction of this 
 Honourable Court. 
 
 8. The said defendants are of the ages following, tha,t is 
 to say, the said F. B. of the age of 18 years, the said H. 
 B. of the age of 16 years, and the said E. B. of the age of 
 12 years. 
 
 The plaintiff therefore prays : 
 
 1. That the said infant defendants may be de- 
 clared to be trustees of the legal estate in said 
 lands and premises for the plaintiff, as aforesaid. 
 
 2. That they may be ordered to convey the 
 same forthwith to the plaintiff, if necessary ; that 
 some proper person may be appointed to execute 
 a deed thereof in their name and in their behalf; 
 or that the said premises may, by the order of 
 this Court, be vested in fee simple in the 
 plaintiff. 
 
 3. That for the purposes aforesaid all necessary 
 directions may be given. 
 
 4. That the plaintiff may have such further 
 and other relief as may seem just. 
 
 And the plaintiff will ever pray. 
 
 (a) But see Yardley v. Holland, L. R. 20 Eq. 428 ; Whately v. What*ly, U Grt, 430. 
 
180 FOKMS AND PRECEDENTS OF 
 
 90. 90. Bill for specific performance of parol agreement 
 
 pe'rtommce'^f for Conveyance of land alleging part performance. 
 
 parol agreement 
 aUeging part 
 
 periormancc. in (Jhancery. 
 
 Between S. Plaintiff, 
 
 and 
 W. 0., J. F., and S. ¥., his wife ; J. W. O, W. G., 
 and M. A. G., his wife Defendants. 
 
 Town of Belleville. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The BiU of Complaint of S. 0., of the Township of Sid- 
 ney, in the County of Hastings, Yeoman, the above-named 
 Plaintiff, 
 Sheweth as follows ; 
 
 1. Prior to the date of the agreement hereinafter men- 
 tioned, one C. 0., of the Township of Sidney, in the 
 County of Hastings, Widow, the mother of the plaintiff 
 and the defendants, W. 0., S. F., formerly S. 0. ; M. A. G., 
 tormerly M. A. 0. ; and J. W. 0., was the owner in fee 
 simple of or otherwise well entitled in her own right to 
 the east half of lot number 14, in the 2nd concession 
 of the said Township of Sidney, and was residing thereon, 
 and working and cultivating the same as a farm, with the 
 assistance of the plaintiff'. 
 
 2. The plaintiff was the eldest son of the said C. O., 
 then living and residing at home with his mother, and 
 his said mother entrusted him with the full management 
 and control of the business of the said farm, and relied 
 upon his labour and prudent management thereof for the 
 support of herself and the rest of her children then resid- 
 ing with her ; and without the assistance of the plaintiff 
 the said C. 0. would have been wholly unable, by herself 
 and her other children, to carry on and work the said 
 farm, and would have been obliged to employ assistance 
 and to incur large outlay and expense in carrying on and 
 working the same. 
 
 3. The plaintiff so continued to manage and work the 
 said farm, and to control the business thereof, until after 
 he had attained the' age of twenty-one years, and during 
 the whole of the said time the proceeds of his labour, and 
 the whole produce and profits of said farm, were applied 
 for the benefft of the said G. 0., and the maintenance and 
 support of herself and her said children. 
 
 4. After the plaintiff had continued so to work and 
 manage the said farm for a number of years, and in the 
 year 1847, the plaintiff, who had then arrived at the age 
 
PROCEEDINGS IN CHANCERY — BILLS. 181 
 
 of twenty-one years, became desirous of and formed the 
 intention of setting up in business for himself, and for that 
 purpose desired and intended to leave the said farm and 
 the management and control thereof, and he communi- 
 cated to the said C. 0., his said desire and intention. 
 
 5. The said C. O. then requested the plaintiff to desist 
 from his said intention, and to remain upon and continue 
 to work and control the said farm for the benefit of her- 
 self and her family ; and in order to induce the plaintiff" 
 to remain, she then agreed with him, that if he remained 
 and continued as theretofore to manage and control the 
 said farm, and devote his time and labour to the cultivation 
 and working thereof, the front or south fifty acres thereof 
 should belong to him, the plaintiff", and that she would 
 give him the same. 
 
 6. The plaintiff'accepted the said off"er of the said C. 0., 
 and in pursuance, and upon the faith of the said agreement 
 then entered into between the plaintiff and the said C. 0., 
 the plaintiff remained on the said farm, and continued to 
 work and manage the same, and devoted the whole of his 
 time and labour to the cultivation and control thereof, and 
 the produce and profits thereof were applied for the benefit 
 of the said C. 0., and towards the support and mainte- 
 nance of herself and her family, until the death of the said 
 C. 0., hereinafter mentioned. 
 
 7. The said C. O. departed this life intestate, in the 
 month of October, 1854, leaving her surviving the follow- 
 ing persons, her sole heirs and heiresses-at-law — namely, 
 the plaintiff, the defendant S. F.,then S. 0. ; E. F., then 
 E. 0.; the defendant J. W. 0., the defendant W. 0.,and 
 the defendant M. A. G., then M. A. 0. ; C. T., then C. 0., 
 and T. B. O., her children, and J. A. H., then J. A. L., a 
 daughter of another child of the said C. 0. ; and without 
 having made any deed of the said .50 acres to the plaintiff 
 in pursuance of the said agreement, or otherwise disposed 
 of the same. 
 
 8. Immediately upon the death of the said C. 0., the 
 plaintiff, in pursuance of the said agreement, and with the 
 knowledge, acquiescence and consent of the defendants, 
 who were all well aware of the making of the said agree- 
 ment, entered into the exclusive possession of the said 
 front 50 acres hereinbefore described, and made large and 
 valuable improvements thereon, and he has ever since con- 
 tinued to reside thereon, and he has, in addition to 
 the other improvements, erected a brick dwelling-house 
 thereon, at a cost of $1,000 or thereabouts. 
 
 9. The said heirs and heiresses-at-law of the said C. 0., 
 
182 FORMS AND PRECEDENTS OF 
 
 in the 7th paragraph hereof named, and each of them had, 
 at the time of the making thereof, full notice and know- 
 ledge of the said agreement between the plaintiff aad the 
 said C. 0., and of the plaintiff's right to the said 50 acres, 
 under and by virtue thereof. 
 
 10. By divers deeds, the said J. A. L., the said E. F. 
 and S. F. her husband ; the said C. T. and G. T. her 
 husband, and the said T. B. 0. respectively, granted to 
 the defendant, W. 0., all their respective estates and in- 
 terests in all the estate of which the said C. 0. died seized 
 or possessed, and the said defendant, W. 0., now claims 
 under and by virtue of the said deeds, and his own heirship 
 to said C. 0., to be the owner of, and he is seized of the 
 legal estate in five undivided ninths of said lands of said 
 C. 0., and the defendants, J. F. and S. his wife, in right of 
 the said S, ; the defendant, W. G., and M. A. his wife, in' 
 right of the said M. A. ; and the said J. W. 0. respectively, 
 claim to be entitled to an undivided one-ninth share of 
 said lands. 
 
 11. The defendant J. F. is the husband of the defend- 
 ant S. F., and the defendant W. G. is the husband of the 
 defendant M. A. G. 
 
 12. In the year 1858 the plaintiff became desirous of 
 procuring a loan of moneys, and one T. B. having offered 
 to advance to the plaintiff the amount he required, upon 
 receiving a mortgage upon one-ninth share of said front 
 60 acres, executed to the said T. B. a deed of such share 
 of said 50 acres in fee, and the said T. B. then executed 
 and delivered to the plaintiff a bond or writing, whereby 
 he agreed to re-convey the said lands to the plaintiff, upon 
 being paid the sum of $139, and interest thereon. 
 
 13. Afterwards, the said T. B. assigned and conveyed 
 the said lands to the said defendant, W. 0., and the said 
 defendant claims to be entitled to another one-ninth share 
 of said lands by virtue thereof, but the plaintiff charges, 
 and the fact is that the said defendant, W. 0., had, at and 
 before the time of such assignment aad conveyance to him 
 by said T. B., full notice and knowledge of the said bond 
 or writing, and that the said B. was nothing more than a 
 mortgagee of said share in said 50 acres, and the plaintiff 
 further charges that the said defendant, W. 0., had, at and 
 before the making of the deeds to him in the 10th para- 
 graph hereof set forth, full notice and knowledge of the 
 agreement hereinbefore set forth between che plaintiff and 
 the said C. 0., and of the plaintiff's rights thereunder. 
 
 14. Lately the defendant W. 0. commenced an action 
 of ejectment against the plaintiff in Her Majesty's Court 
 
PROCEEDINGS IN CHANCERY — BILLS. 183 
 
 of Queen's Bench for Ontario, and therein claimed to be 
 entitled under and by virtue of the said conveyances to 
 him hereinbefore set forth, and his own heirship as afore- 
 said to five undivided ninth shares of said 50 acres, and 
 the plaintiff endeavoured to defend the said action, and 
 such proceedings were had thereon ; that at the trial of said 
 action a verdict was entered for the said W. 0. for five 
 undivided ninths of said 50 acres, and the said plaintiff 
 having afterwards moved to set aside the said verdict, the 
 said Court of Queen's Bench declared that the plaintiff 
 had no defence at law to the said action or to the said 
 five-ninths, and affirmed the said verdict. 
 
 15. The defendant, W. 0., has entered up judgment in 
 said action, and issued a -writ of habere facias posses- 
 sionem, thereon, and placed the same in the hands of the 
 Sheriff of the County of Hastings for execution, and in- 
 tends to turn the plaintiff out of possession of said lands, 
 and will do so unless restrained. 
 
 16. The plaintiff submits that under the circumstances 
 hereinbefore set forth he is the owner of and entitled to 
 the said 50 acres, subject to said mortgage to the said B., 
 and that the defendants are bound to re-convey the same 
 to him, but if this Court should be of opinion that he is 
 not entitled thereto, then he submits that he is entitled to 
 a partition of the lands in the first paragraph hereof de- 
 scribed, and to have a one-ninth share thereof set apart 
 and conveyed to him, and in such case he submits that he 
 ought to be allowed for the value of the said improve- 
 ments and buildings put and erected upon the said front 
 50 acres, and the amount and situation thereof ought to 
 be considered in making a partition and division of the 
 said lands between the plaintiff and defendants. 
 
 17. That in pursuance of said agreement the plaintiff 
 has been assessed in his own name for the said front 50 
 acres as owner thereof for municipal and all other taxes, 
 and has paid the same for the last 25 years. 
 
 18. That the judgment of the said Court of Queen's 
 Bench only gives judgment in the plaintiff's favour there- 
 in, for the undivided five-ninths of said 50 acres, whereas 
 judgment has been entered up, and the said writ of habere 
 facias possessionem issued thereon to the said sheriff to 
 give possession to the plaintiff therein, of the whole of the 
 said front 50 acres absolutely, namely, the south half of the 
 east half of said lot. 
 
 The plaintiff therefore prays :— * 
 
 1. That it may be declared that the said 
 agreement between the said C. 0. and the 
 
184 FORMS AND PRECEDENTS OF 
 
 plaintiflf ought to be specifically performed and 
 carried into execution by the defendants, the 
 plaintiff having performed his part of said 
 agreement ; and that the same may be decreed 
 accordingly. 
 
 2. That the defendants may be ordered to 
 convey the said front 50 acres to the plain tifT 
 subject only to the mortgage held by the de- 
 fendant W. 0. 
 
 3. That the said defendant, W. O., may be 
 restrained by the order and injunction of this 
 Court, from further prosecuting his said action 
 of ejectment against the plaintifi'and taking any 
 further proceedings towards turning the plaintiff 
 out of possession of said 60 acres. 
 
 4. Or if this Court should be of opinion that 
 the said agreement ought not to be specifically 
 performed ; that the said land may be parti- 
 tioned, and divided amongst the plaintiff and 
 defendants according to their several propor- 
 tions. 
 
 5. That in the event of such partition, the 
 value of the improvements and buildings put 
 and erected by the plaintiff upon the said front 
 50 acres and the amounts expended by him in 
 the administration of the said estate, over and 
 above the value of the personalty received by 
 him, may be ascertained and the amount thereof 
 taken into consideration, and allowed to the 
 plaintiff. 
 
 6. That in any event the defendant, W. O., 
 may be restrained from executing the said writ 
 of habere facias possesionem as to the four-ninths 
 of said front 50 acres : the judgment of the said 
 Court of Queen's Bench not afi'ecting those por- 
 tions. 
 
 7. That the plaintiff may be paid his costs of 
 this suit. 
 
 8. That for the purposes aforesaid, all proper 
 directions may be given and accounts taken. 
 
 9. That the plaintifi" may have such further 
 and other relief as to the Court may seem just. 
 
PROCEEDINGS IK CHANCERY — BILLS. 185 
 
 91. Bill for specific 'performance of contract for sale 91. 
 of stock %n Raihoav Gomvanv. bui for speoieo 
 
 '-' r J performance of 
 
 contract for sale 
 Tn OVianper-jr of stock in Eail- 
 
 J-U unancery. way Company. 
 
 Between E. W. H., Plaintiff. 
 
 and 
 The Corporation of the County of E., Defendants. 
 
 City of London. 
 
 To the Honourahle the Judges of the Court of Chancery. 
 The Bill of Complaint of E. W. H., of the City of Lon- 
 don, in the County of Middlesex, Esquire. 
 Sheweth as foUows : — 
 
 1. The defendants are a municipal corporation under 
 the statutes in that behalf. 
 
 2. On the 5th day of December, 1871, the defendants 
 were lawfully possessed of certain shares in the capital 
 stock of the London and Port Stanley Railway Company, 
 to the amount of 880,000. 
 
 3. The said stock had long been and at the date afore- 
 said was of very trifling value, and the marketable value 
 thereof was vastly inferior to its nominal amount. 
 
 4. The municipal council of the said corporation, being 
 desirous of selling the said stock on the date aforesaid,, 
 duly entered into an agreement with the plaintiff for the 
 sale thereof to him at the price of $5000, and empowered 
 the Warden of the said County upon payment of the said 
 price to transfer and assign the same to the plaintiff, and 
 the plaintiff agreed to purchase the same at tne price 
 aforesaid. 
 
 5. The plaintiff immediately thereafter tendered and 
 offered to pay the said sum of $5,000, but the defendants 
 through their municipal council refused to accept the said 
 price or to carry out the sale of the said stock to the plain- 
 tiff. 
 
 6. The said stock is of peculiar value to the plaintiff, 
 and only a limited quantity thereof is upon the market, 
 and the plaintiff cannot otherwise obtain the said amount 
 of stock save from the defendants. 
 
 7. The plaintiff has always been ready and willing and 
 hereby offers to carry out the said agreement on his part. 
 
 8. The defendants threaten and intend to and will, un- 
 less restrained by the order and injunction of this Court, 
 sell and dispose of the said stock or shares to some inno- 
 cent purchaser for value without notice of the plaintiff's 
 rights, or otherwise negotiate or deal with the said stock 
 or shares to the prejudice of the plaintiff. 
 
186 
 
 FORMS AND PRECEDENTS OF 
 
 The plaintiff therefore prays. 
 
 1. That the said agreement maj' be speci- 
 fically performed, the plaintiff hereby submitt- 
 ing to perform the same on his part. 
 
 2. That the defendants may be restrained by 
 the order and injunction of this Court from sell- 
 ing or disposing of, or attempting to sell or dis- 
 pose of, or otherwise negotiate or deal with, the 
 said stock or shares. 
 
 3. And that the plaintiff may be paid the costs 
 of his suit, and may have such further and other 
 relief as may seem meet. 
 
 T. M. 
 
 92. 
 
 Admission of 
 -assets, or ac- 
 ■ count. 
 
 Ordinary Forms of Prayer. 
 
 That the defendants A. B., and C. D., {executors q/ de- 
 ceased executor) may admit assets of the said W. W., (de- 
 ceased executor) sufficient to answer what (if anything) 
 may be found due from his estate, upon taking any such 
 accounts as aforesaid : or that the necessary accounts may 
 be taken of the estate of the said W. W. 
 
 03. 
 
 -Adoption of 
 proceedings 
 had in another 
 suit. 
 
 That in making the inquiries, and taking the accounts, 
 required for the purpose of this suit, any of the proceed- 
 ings had in the said suit of A. v. B. which can properly 
 or usefully be adopted, may be adopted accordingly ; and 
 that the costs of the said suit of A. v. B., remaining un- 
 paid (if any) may be provided for in this suit. 
 
 94. 
 
 Boundaries to 
 ■he ascerfctined. 
 
 That the boundaries of the said real estate of the said 
 J. T. may be defined and set out, under the decree of this 
 Honorable Court ; and that all necessary directions may 
 be given for that purpose. 
 
 95. 
 
 Declaration 
 ■ef ris;ht8. 
 
 That the rights and interests of all parties in the said 
 real and personal esta,te may be ascertained and declared. 
 
PROCEEDINGS IN CHANCERY— BILLS. 187 
 
 1. That a partition may be made of the said lands un- 93. 
 del- the direction of this Honorable Court, according to the p^""™- 
 respective interests of the parties entitled thereto. 
 
 2. That all proper and necessary conveyances and as- 
 siu-ances may be executed for carrying such partition into 
 effect, and all proper directions given for that purpose, 
 and as to the custody of the title deeds and writings re- 
 lating to the said tenements and hereditaments. 
 
 1. That an account may be taken of all sums of money 97. 
 received by, or come to the hands of, the defendant, as Si°nT4ent: 
 such agent of the plaintiff as aforesaid, for or on account, »<=°°™'- 
 
 or for the use of the plaintiff", and of the application 
 thereof ; and of all dealings and transactions of the de- 
 fendant, as the plaintiff's agent ; and that the defendant 
 maj' be decreed to pay to the plaintiff what, on taking 
 such accounts, shall be found due from the defendant to 
 the plaintiff; and to deliver up to the plaintiff all docu- 
 ments in the defendant's possession or power, belonging 
 to the plaintiff! 
 
 2. That the defendant may pay the costs of this suit. 
 
 Bills for Discovery (a). 
 
 The formal parts of a bill of discovery are the same as 93. 
 those of an original biU. The biU must state the matter oj"^^^"'^*^''"' 
 touching which discovery is sought ; the interest of the 
 plaintiff" and defendant in the subject ; and the facts and 
 circumstances upon which the right of the plaintiff to re- 
 quire the discovery from the defendant is founded. The 
 bill should pray that the defendant may make a full dis- 
 covery of the matters therein stated. It may also pray 
 any equitable assistance of the Court which is merely con- 
 sequential upon the discovery; but it should not pray 
 general relief : for then it is a bill for relief. 
 
 In Chancery. gg 
 
 (Title of the cause.) Affidavit by 
 
 ^ •' ' nolo nlninfifl 
 
 sole plaintiff ; 
 to be annexed 
 
 I, A. B., of {residence and addition), the above-named ^-g^o^^^Jf 
 plaintiff", make oath and say, as follows : documents, and 
 
 ^ ' •'' ^_^ for relief there- 
 
 ~~ on. 
 
 (a) No BiU is to be filed for discovery merely, except in aid of the prosecution or de- 
 fence of an action at law ; Ord. 85. 
 
188 
 
 FORMS AND PRECEDENTS OF 
 
 lOO. 
 
 The like, by 
 several plain- 
 tiffs. 
 
 1. I have not, and-, to the best of my knowledge, re- 
 membrance, and belief, I never had, in my custody or 
 power, the {describe the document; as thus: indenture 
 
 dated the day of , 18 — , mentioned in the first 
 
 paragraph of the bill in this cause hereunto annexed — or, 
 now produced and shown to me, and marked A.). 
 
 2. I do not know where the said indenture [or as may 
 be] now is : unless it is in the custody or power of the 
 above-named defendant [or, defendants, or some or one 
 of them]. 
 
 Sworn <&c. 
 
 In Chancery. 
 
 {Title of the cause.) 
 
 We, A. B., of {residence and addition), C. D., of <&c., and 
 E. F., of (fee, the above-named plaintiffs, each speaking 
 positively for himself, and to the best of his knowledge, 
 information, and belief as to other persons, severally make 
 oath and say, as follows : 
 
 1. We, have not, nor have nor hath any or either of us, 
 and, to the best of our knowledge, information, and belief, 
 we, or any or either of us, never had, in our, or any or 
 either of our custody, possession, or power, the {describe 
 the document ; as thus : deed of gift mentioned in the 
 second paragraph of the biU in this cause hereunto an- 
 nexed^ — Or, produced and shown to us respectively at the 
 time of swearing this affidavit and marked B.). 
 
 2. We do not, nor do or doth any or either of us, know 
 where the said deed [or as mAiy he] now is : unless it is in 
 the custody or power of the above-named defendant [Or, 
 defendants, or some or one of them]. 
 
 Sworn &c. 
 
 101. Formal parts : see post, No. 384. 
 
 Won bydetai- on behalf of the defendant A. B., for an order for payment 
 mrat of hffooBts ^J *^-® pl^intiff of his costs of this suit : the bill being for 
 of the suit. discovery only. 
 
 The defendant's answer was filed on , 18 — . 
 
 And take notice that in support, &c„ as in Ifo. 382. 
 
 102. 
 
 Forms of bills 
 to perpetuate 
 testimony. 
 
 Bills to Perpetuate Testimony. 
 
 The formal parts of a bill to perpetuate the testimony 
 of witnesses are the same as those of an original bill. The 
 
PROCEEDINGS IN CHANCERY — DEMURRERS. 189 
 
 bill must state the matter touching which the plaintiff is 
 desirous of taking evidence : and must show that he has 
 some interest in the subject ; and pray for leave to ex- 
 amine witnesses touching the matter so stated ; to the 
 end that their testimony may be preserved and perpe- 
 tuated. 
 
 Formal parts : see post, No. 3x-li. 
 on behalf of the defendant A. B., for an order for the pay- 103. 
 ment by the plaintiff of his costs of this suit : which is «o"by°defen- 
 instituted to perpetuate the testimony of witnesses only, dant, for pay- 
 The plaintiff has examined his witnesses, but the "rtue'suit 
 defendant has not examined any witness. 
 And take notice that in support, &c., as in No. 382. 
 
 Section II. — Demurrers. 
 
 Forms of Demurrers. 
 
 In Chancery. 
 
 Between {set forth the ,fiill style of the cause or shoHened oenei-ai form of 
 style), e. g. : . . " '^'=°'"'^'- 
 
 Between — John Smith and others Plaintiffs, (i.) Titie. 
 
 and 
 Richard Roe and others Defendants {a). 
 
 The demurrer of A.B., the above named defendant [Or, (2.) Heading 
 one of the above named defendants], to the biU of com- 
 plaint [Or, amended biU of complaint] of the above 
 named plaintiff. 
 
 Or, 
 The demurrer of John Jones (in the bill by mistake 
 called William Jones), the above named defendant [Or 
 one of the above named defendants], to the, &c. 
 
 Or, 
 The joint and several demurrer of A. B. and CD., the 
 [Or, two of the] above named defendants, to the, &c. 
 
 Or, 
 The joint demurrer of A. B., and C. his wife, the [Or, 
 two of the] above named defendants, to the, &c.—Or, f 
 
 la) See Oen. Ord. 597. The title of the demurrer must agree with that of the cause, 
 at the time the demurrer is filed. 
 
190 
 
 FORMS AND PRECEDENTS OF 
 
 (3.) Protestsr 
 tion. 
 
 (4.) Extent. 
 
 (5.) Causes of 
 demurrer 
 
 (6.) Demand of 
 judgment. 
 
 they have 'married since she was made a defendant, my ; 
 The joint demurrer of A. B., and C. his wife, lately, and 
 in the bill called, C. D., Spinster — Or, widow — to the, 
 
 This defendant [Or, these defendants], by protestation, not 
 confessing or acknowledging all or any of the matters and 
 things in the said bill contained to be true, in such manner 
 and form as the same are therein set forth and alleged, 
 doth [Or, do] demur in law to the said bill [Or, if the de- 
 murrer is to part of the bill only, say, after alleged : as 
 to so much of the said bill as seeks (State what), this de- 
 fendant doth [Or, these defendants do] demur in law 
 thereto] : 
 
 And for cause of demurrer showeth [Or, show] that (Set 
 forth the causes of demurrer). 
 
 WlTerefore, and for divers other imperfections and good 
 causes of demurrer appearing in the said bill, this defendant 
 doth [Or, these defendants do] demur thereto; and he prays 
 [Or, they pray] the judgment of this Honourable Court 
 whether he [Or, whether they, or either of them] ought 
 to be compelled to make any further or other answer to 
 the said bill, or any of the matters and things therein 
 contained ; and he prays [Or, they pray] to be hence dis- 
 missed with his [Or, their], costs and charges in this behalf 
 sustained. 
 
 {Name of counsel.) 
 
 Statement of causes of demurrer. 
 
 105. 
 
 Demurrer for 
 want of equity. 
 
 That the plaintiff has not by his said bill made such a 
 case as entitles him in a Court of Equity to any discovery 
 from this defendant [Or, these defendants, or either (any) 
 of them], or to any relief against him [Or, them, or either 
 (any) of them], as to the matters contained in the said 
 bUl, or any of such matters. 
 
 Wherefore, &c. (as i/ri Wo. 104). 
 
 106. That the said bill doth not contain any matter of equity 
 
 SaS'^equlty '^liereon this Court can ground any decree, or give to the 
 plaintiff any relief against this defendant [Or, these de- 
 fendants, or either (any) of them]. 
 Wherefore, &c. (as in No. 104). 
 
PROCEEDINGS IN CHANCERY— DEMURRERS. 191 
 
 That it appears by the said biU that it is necessary that 107 
 the estate of the plaintiii's late wife, M. N, in the said bill »'=""'"er: 
 named should be represented in this suit; but no W "'"'^ 
 personal representative of the said M. N. is named a party 
 
 Wherefore, &c. {as in i\^o. 104). 
 
 for 
 want of paxties. 
 
 That it appeai-s by the said bill that the same is ex- 108 
 hibited against this defendant [Or these defendants] and SXSLl^^ess 
 A. u., o. U., tzc, tor several and distinct matters and <«•) 
 causes, m many whereof, as appears by the said bill, this 
 defendant is not [Or, these defendants are not, nor is 
 either of themj in any manner interested or concerned ; 
 and that the said biU is multifarious. 
 
 Wherefore, &c. (as in Ko. 104). 
 
 That it appears by the said bill that neither the pro- 109 
 mise or contract which is alleged by the said bill and of ^^'"""^■■' °° 
 which the plaintiff by the said biU seeks to have the tteKleo/ 
 benefit, nor any memorandum or note thereof, was ever ^"'''" 
 reduced into writing or signed by tl^is defendant [Or, 
 these defendants, or either (any) of them], or any person 
 lawfully authorized thereunto, within the meaning of the 
 statute passed in the 29th year of King Charles the 
 Second, for the prevention of frauds and perjuries. 
 
 Wherefore, &c. (as in iVo. 104). 
 
 That the said plaintiff by his said bill seeks only to re- 110. 
 cover part of an entire debt thereby stated to be due to ^*' plaintiff ^ 
 him by this defendant, and in respect of other parts of *°''.p*rto"i>s° 
 the said debt has, as appears by his said bill, filed two dSiilSt vexed 
 other several bills of complaint in this Honourable Court ofsSte."""*"'^ 
 against this defendant. 
 
 Wherefore, &c. (as in No. 104.) 
 
 That the plaintiff has not annexed an afiidavit to his m. 
 said bill that he does not collude concerning the matters Seade?fo"r'wmt' 
 or any of them therein contaiued with this defendant and «' necessary xm- 
 the other defendants. " ' 
 
 Wherefore, &c. (as in No. 104). 
 
 (o) See Brown v. Capron, 20 Grant, 674 in note. 
 
192 FORMS AND PRECEDENTS OF 
 
 112. (Set forth demurrer as above, and proceed. ) And this de- 
 
 Ajjswer^and fgndant not waiving the aforesaid demurrer, but wholly re- 
 
 emurrer. thereou as to the residue of the said bill, or such part 
 
 thereof as he is advised it is material or necessary for 
 
 him to make answer to, doth answer and say (here follows 
 
 the answer). 
 
 See post Nos. 163 et seq. 
 
 Section ///.— Disclaimers. 
 
 113. In Chancery. 
 SStofr"™ "' Between {set out full style of cause, or shortened style, 
 as in No. 104.) 
 
 The answer and disclaimer of A. B., the above-named 
 defendant (Or one of the above-named defendants) to 
 the bill of complaint of the above-named plaintiff. Or 
 the joint and several answer and disclaimer of A. B. 
 and C. D., the [Or, two of the] above-named defen- 
 dants, to the bill of complaint of the above-named 
 plaintiff. 
 
 In answer to the said bill, I, A. B., [Or, we, A. B., and 
 C. D.] say as follows : 
 
 I [Or, we] have not, and do not claim, and never had or 
 claimed to have, any right or interest in any of the mat- 
 ters in question in this suit ; and I [Or, we] disclaim all 
 Tight, title and interest, legal and equitable, in any of the 
 said matters ; and I [Or, we] say that if I [Or, we] had 
 been applied to by the plaintiff before the filing of this 
 bill, I [Or, we] should have disclaimed all such right, title 
 and interest ; and I [Or, we] submit that the bill ought 
 to be dismissed as against me [Or, us] with costs. 
 
 {Name of Counsel.) 
 C Sworn before me at the City of 
 4 Hamilton, this day of 
 
 ( A. D. 1875, 
 
 A commissioner, &c. (a). 
 
 114. 
 
 Ai'± Proceed as in last Form, to as follows : 
 
 The like. ' Before the institution of this suit, I [Or, we] offered to 
 
 the plaintiff to disclaim any right or interest that I [Or, we, 
 or either of us] had in any of the matters in question in 
 
 (a.) The answer and disclaimer must be sworn unless an order or consent be obtained 
 to file it without oath or signature. See Smith's Pr. 495. (7th Ed.) 
 
 Where it is a joint answer and disclaimer the names of both deponents stuould be 
 stated ill the jurat, as in affidavits. 
 
PROCEEDINGS IN CHANCERY— ANSWEBS. 193 
 
 this suit ; and I [Or, we] do not now claim any right, title 
 o mtei-est, legal or eqmtable, in any of the said matters ; 
 <u d I [Or, we] submit that I [Or, we] ought to be paid 
 my [Or, our] costs of this suit. 
 
 {Name of Counsel) 
 (Jurat as above.) 
 
 Section IV. — Answers. 
 
 Forms of Answers (a.) 
 1. Model Form {h.) 
 
 In Chancery. 
 
 Between A. B Plaintiff, H5_ 
 
 and Answer -referred 
 
 C. T>. and E. F... Defendants. being soiieduie' 
 
 F. mentioned 
 
 Ine answer ot C. D., one of the above-named defen- refeS' tofa™ 
 dants, to the bill of complaint of A. B., the above-named owTorde?." 
 plaintiff. 
 
 In answer to the said bill, I, CD., say as follows : 
 
 1. I admit {Or, For the purposes of this suit I admit), 
 the truth of the allegations contained in the plaintiff's 
 
 bill, or the allegations contained in the paragraph 
 
 ('f , Or ho much of the allegations contained in the 
 
 as commence with the words " /' 
 
 and end with the words, " ," Or I admit &c., 
 
 ^ave and except that I say (stating qualifications of 
 admission, if any). 
 
 2. I believe that the defendant E. F. does claim 
 to have a charge upon the farm and premises comprised 
 
 in the indenture of mortgage of the day of , 
 
 in the plaintiff's bill mentioned. 
 
 3. Such charge was created by an indenture dated, 
 &c., made between myself of the one part, &c. 
 
 {a ) The answer must be intituled in the full style of cause, or shortened style as 
 in Xo. 104, ante, so as to agree with the names of the parties as they appear in the bill 
 at the time the answer is filed. 
 
 {b.) The engrosament or print of the answer must be signed and sworn to by the 
 defendant putting it in, unless an order or consent has been obtained to its being filed 
 without oath or signature. Where an answer is put in by guardian or committee, his 
 signature is alone required ; and though he is also a defendant, and puts in the answer 
 in both characters, he need only affix his signature to the answer once. It is prudent, 
 but not essentia], to sign each sheet of the answer. Each schedule, if any, should also 
 be signed. If the answer is put in upon oath, or affirmation, the signature must be 
 
 afflxedor acknowledged in the presence of the person before whom it is sworn, etc. : 
 
 and he must sign each schedule, as well as the jurat or affirmat. 
 
 13 
 
194 FOEMS AND PRECEDENTS OF 
 
 4. To the best of my knowledge, remembrance, and 
 belief, there is not any other mortgage, charge or incum- 
 brance affecting the aforesaid premises, (a). 
 
 [Such statements as are considered necessary or ma- 
 terial are to be introduced with as much brevity as may 
 consist with clearness ; and where a defendant seeks 
 relief under Order 126, the answer is to ask the special 
 relief to which he thinks himself entitled.] 
 
 Form of Jurat, referred to in Order 122. 
 116. Sworn before me at , in the County of 
 
 In^s^^und^er O^ ^^^ day of , A.D. 
 
 ord. 122. A. Gomnvissioner, &c. 
 
 (2) Form of Jurat Swom by A. B. and 0. D. before me at, &c., as above. 
 
 one d^e^Mnt!^" Or if sworn by different defendants at different times, 
 there should be a separate jurat for each, and each jurat 
 should state the name of the deponent making the oath (6). 
 
 Forms of Headings. 
 
 117. The answer of A. B., the above named defendant [Or, 
 
 or'co'^defendant °^^ °^ ^^ above named defendants], to the bill of com- 
 
 to original bill, ' plaint (c) of the above named plaintiff — \0r, to the ori- 
 
 More aiwer.^ ginal bill of complaint], and also to the amended biU of 
 
 complaint, of the above named plaintiff. 
 
 In answer to the said bill, I, A. B., say as follows : — 
 
 (a.) The statements in an answer need not necessarily be possitlve because it has to- 
 be swom. See Yarrinnton v. Lyon, 12 Grt. 310, per Mowat, V. C. The positive denial 
 of a material fact by the defendant in his answer or in his examination by the plaintiff, 
 after answer, renders it necessary for the plaintifl to prove such fact by at leaat two 
 witnesses in order to obtain a decree. Powell v. Lea, 20 Grt. 621. The silence of the 
 answer as to any statement of the bill is not any'admission of its truth. Ord. 123. 
 
 (b) See Gen. Ord. 130. For forms of oaths see post No. 287 et seq, which may be 
 adapted by substitutinff the word "answer" for "affidavit," 
 
 The answer of a corporation is not sworn, but must be sealed with the corporate seal, 
 unless there be a consent or order obtained to dispense with it. 
 The answer of a corporation concludes thus : — "In testimony whereof, the common 
 
 seal of the said defendants, the Company, has been hereunto affixed this 
 
 day of , A.D. 18—. 
 
 J. B., [L. S.] 
 
 President or Secretwry. 
 (Or otherviUe, according to the unml mode of the Corporation affixing their seal.) 
 
 (c) This form is sufficient, where the answer is put into a bill amended before answer. 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 195 
 
 The joint and several answer of A. B., and C. D., the lis. 
 
 [Or, two of the] above named defendants, to the bill, co-defendants. 
 
 c£-c. 
 Jn answer to the said bill, we, A. B. and C. D., say as 
 foUows : — 
 
 The answer of J. R., Her Majesty's Attorney-General 119. 
 for the Province of Ontario, one of the above named ^ttomey-Gene- 
 defendants to the bill, iSrc. 
 In answer to the said bill, I, J. R., say as follows : — 
 
 The answer of the above named defendants, the Great 120. 
 
 Western Railway Company, to the bill, &c. compS?-f 
 
 In answer to the said biU, we, the Great Western Railway limited. ' 
 Company, say as follows : — 
 
 The joint and several answer of A. B. and of C. D., an 121. 
 infant — Or, a person of unsound [Or, weak] mind not tent^Vptmn 
 so found [or as may 6e] — by the said A. B. [Or, by E. ^g"^^^°? ""^ 
 F.] his guardian, the [Or, two of the] above named 
 defendants to the bill, i&c. 
 
 In answer to the said bill, we, the said A. B. and C. D., 
 
 say as follows : — 
 
 The answer of A. B., an infant — Or, a person of unsound 122. 
 [Or, weak] mind not so found [or as may be] — by C. ^Jo^'raso^a 
 D., his guardian, one of the above named defendants ^y^*fji^'^ 
 to the biU, <fec. 
 In answer to the said bill, I, A. B., say as follows : — 
 
 The answer of A. B. to the information of the Honour- 123. 
 able Oliver Mowat, Her Majesty's Attorney-General foSion. ' 
 for Ontario (if there be a relator add, at and by the re- 
 lation of C. D., of &c.), and if it be an information 
 and bill, add, and to the bill of complaint of the 
 said CD. 
 
 In answer to the said information (and bill), I, the said 
 
 A B., say as follows : — 
 
196 
 
 FOEMS AND PRECKDENTS OF 
 
 124. 
 
 HuBband and 
 wife jointly. 
 
 The joint answer of A. B. and C. his wife, the [Or, two 
 of the] above named defendants, to the bill, (fee. [Or, 
 if they have married since she was made a defendant, 
 say : The joint answer of A. B. and C. his wife, lately, 
 and in the bill called C. D., spinster — Or, widow — to 
 the bill, <&c.] 
 
 In answer to the said bill, we, A. B., and C. his wife, say 
 
 as follows : — 
 
 125. 
 
 Wife separately. 
 
 The answer of C. B., one of the above named defend- 
 ants, and the wife of (the defendant) A. B., to the bill, 
 
 In answer to the said bill, I, C B., answering separately 
 from my husband, say as follbws : — 
 
 126. 
 
 Misnomer. 
 
 The answer of Jolin Jones (in the bill by mistake called 
 William Jones), the above named defendant [Or, one of 
 the above named defendants], to the bill, die. 
 In answer to the said biU, I, John Jones, say as follows ; — 
 
 127. 
 
 Answer of 
 Executors of 
 deceased de- 
 fendant, added 
 by order of re- 
 vivor before 
 answer. 
 
 In Chancery. 
 
 (Title as in bill ; but add : since deceased : aftev 
 
 name of deceased defendant, and title of suit as 
 
 revived.) 
 
 The joint and several answer of A. B. and C D. (the 
 
 executors of the above named defendant, E. F., and 
 
 against which executors this suit has been revived by 
 
 order, dated the day of , 18 — ), to the bill of 
 
 complaint of the above named plaintiff. 
 In answer, <&c. 
 
 Further Answers — Answers to amended Bills. 
 
 128. 
 
 Title and head- 
 ing of a further 
 answer to 
 original bill. 
 
 In Chancery. 
 
 Between {Set out the title of the cause — See 
 No. 115.) 
 The further answer — Or, second further answer — of A. 
 B., the above named defendant [Or, one of the above 
 named defendants], to thebiR of complaint of the above 
 named plaintiff. 
 In answer,' &c. 
 
PROCEEDINGS IN CHANCERY— ANSWERS. 197 
 
 Title, d-o., as in No. 115. 129 
 
 The answer of A. B., the above, &c„ to the amended ^t^'^Viun 
 Dili [Ur, to the secondly — Or thirdly — amended bill] of ™ended before 
 complaint of the above named plaintiff. ™™'''' 
 
 In answer, <&c. 
 
 Title, Sc, as in No. 115. 
 
 The further answer of A. B., the above, <&c., to the bill Title \?dke«i. 
 
 of complaint of the above named plaintiff, and the ramendmente' 
 
 answer of the same defendant to the amended bill of 
 
 complaint of the said plaintiff. 
 In answer, <&c. 
 
 Title, (fee, as in No. 115. 
 The further answer of A. B., the above, <&c., to the ori- Theiikflta 
 ginal and first amended biU of complaint of the above S'oriS^Trd 
 named plaintiff, and the answer of the same defendant flret amended 
 to the secondly amended bill of complaint of the said ars'wCTto" 
 
 , plaintiff. =S^dbm. 
 
 In answer, dr. 
 
 Forms of Answers. 
 
 Foniud ports, See ante. No. 115 et seq. 
 
 In answer to the said biU, I, T. E., say as foUows : — „, }^?-, 
 
 iT-L _r 1 1 11 'I'l Precedent of an 
 
 1. 1 have tor several years been well acquainted with answer. 
 the defendant E. V., who was and is a solicitor practising 
 at R., in the biU mentioned, and who has for some time 
 been, and still is. secretary to the R. Union Gas Company, 
 and owner of the leasehold messuages and premises in the 
 said bm respectively mentioned or referred to ; and on or 
 before the 30th day of June, 1854, I was informed that 
 legal proceedings against the defendant E. V. were con- 
 templated by or on behalf of the family or representatives 
 of Ml'. G. C, in the biU named, for the purpose of compel- 
 ling payment by the defendant E. V. of a sum of money 
 due, or alleged to be due, from him to the estate of the 
 said G. C, and charged by him upon certain shares in the 
 said Gas company, and upon the said leasehold messuages 
 and premises, and on the policy of assurance, and rent 
 charge, in the said biU respectively mentioned : and that 
 with a view to such proceedings it was intended to give 
 notices of such charge to the said Gas company, and to the 
 several tenants of the said leasehold messuages and pre- 
 
198 FORMS AND PSECEDENTS OF 
 
 raises, and to the P. Insurance Company, in the bill 
 mentioned ; and being of opinion that such notices, and 
 the notoriety which would be thereby occasioned of his 
 affairs being embarrassed, and other probable consequences 
 from the same, would be highly prejudicial to the defend- 
 ant E. v., and his family, I was very desirous of protect- 
 ing him from such notices being given, and also to save 
 him from proceedings or pressure to compel payment ; 
 and consequently I wrote and sent, on the said 30th day 
 of June, to the defendant E. V., a letter informing him of 
 my willingness to redeem the security given by him 
 within a month, if, by so doing, I could protect him from 
 such notices being given : which letter was in the words 
 and figures following ; that is to say : {Setting out letter). 
 The said letter did not satisfy the plaintiffs : being the 
 parties therein referred to ; and the ofier which I thereby 
 expressed myself willing to make, upon condition of such 
 protection as aforesaid being granted, was declined by the 
 said parties, and such protection was not granted. 
 
 2. On or about the 4th day of July, 1854, Messrs. S., 
 solicitors, as I believe, for the plaintiffs, and to whom, as 
 I believe, my letter above stated had been forwarded by 
 the defendant E. V., wrote and sent to me a letter in the 
 words and figures following : {Setting out letter from soli- 
 citors, to E. T., inquiring whether he will undertake to pay 
 debt, and take transfer of securities, within a month). 
 
 3. The last hereinbefore stated letter having been sent 
 to the E. hotel, which place I had previously left, was 
 not received by me till several days afterwards. 
 
 4. On or about the 7th day of July aforesaid, the said 
 Messrs. S. wrote and sent to me a letter in the words and 
 figures following : {Setting out letter stating that no answer 
 had been received by Messrs. S. to their last letter, and re- 
 questing an answer). 
 
 •5. The above stated letters of the 4th and 7th days of 
 July were forwarded to me at my then and present resi- 
 dence, S. House, H. ; and upon the receipt thereof, I wrote 
 and sent to the said Messrs. S. a letter in the words, or to 
 the purport and effect following: {Setting out letter 
 agreeing to take a transfer of the equitable mortgage in a 
 month.) 
 
 6. In answer to the said last mentioned letter the said 
 Messrs. S. wrote and sent to me a letter in the words and 
 figures following : {Setting out letter enclosing memo- 
 randum of agreement for transfer, to be signed by T. E.) 
 
 7. The writing in the said last stated letter described 
 as a memorandum of agreement and enclosed therein was 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 199 
 
 111 the words and figures followiDg : {Setting out agree- 
 mtnttotake a transfer ivithin two montlis.) 
 
 S. After receiving the last stated letter and writing, I 
 consulted mj- solicitor, Mr. J. Y,, of l-c, respecting the 
 sauie ; and he was of opinion that it would be prudent on 
 my part that a clause should be inserted in such writing, 
 before the same should be signed b_y me, to bind the 
 plaintiffs to give, during the said two "months, any such 
 notice or notices as I should require ; and he wished to 
 consult counsel respecting the same, and which accord- 
 ingly I requested him to do ; but in order to avoid delay, 
 I signed the said writing without such additional clause, 
 and placed the same in the hands of the said J. V., to be 
 delivered in case counsel should be of opinion that no 
 such clause was necessary, and in case the proposed agree- 
 ment was to be carried into effect vsdthout any variation ; 
 and the said J. Y. thereupon, and on Saturday, the 15th 
 day of July, 18-54, called upon the said Messrs. S., and 
 saw Mr. F., of the said firm, and explained to him the 
 nature of the additional clause desired ; and Mr. F. there- 
 upon said that unless such an agreement, with or without 
 the additional clause, was delivered at or before one 
 o'clock on the following Monday, they should consider 
 the treaty ended, and that the notices would be forthwith 
 served. The said Mr. J. V. endeavoured without delay to 
 consult counsel on the subject ; and in consequence, as I 
 believe, of the temporary absence from L. of the counsel 
 whose opinion he wished to obtain, he was unable to get 
 such opinion within the time stipulated by the said Mr. 
 F. ; and consequently no such agreement as requffed was 
 delivered at or before one o'clock on the said Monday, 
 the 17th day of July, 1S54 ; and shortly after the said 
 hour, the said Mr. J. Y. w-;is informed by a friend of the 
 plaintiff's, that the notices had been actually sent, and in 
 fact a person was sent, by the said Messrs. S. to R., on 
 behalf of the plaintifis, to deliver, and he did deliver, on 
 the evening of the same Monday, the 17th day of July 
 aforesaid, such notices to the said R. Union Gas Company, 
 and to the said tenants of the said leasehold messuages 
 and premises ; and a like notice was on the following day 
 served on the said insurance office. 
 
 9. The said negotiation and treaty between the plaintiffs 
 and myself was thereby broken off; and no agi-eement was 
 made respecting the matters aforesaid, or the matters in 
 the said bill mentioned, or any of them ; and the docu- 
 ment so signed by me was not, nor was any memorandum 
 of agreement by me, delivered to the plaintiffs, or their said 
 
200 FORMS AND PRECEDENTS OF 
 
 solicitors, or other person on their behalf, at any time ; 
 and the said document is now in the possession of my soli- 
 citor on my behalf. 
 
 10. No letter, or writing, or communication, save as 
 aforesaid, passed between me and the plaintiffs, or any 
 person on their behalf; and for my greater certainty as to 
 the said several letters and writings, I crave leave to refer 
 to the same when produced ; and I deny it to be true that 
 I did, by letters or letter, or other writing signed by me, 
 or otherwise, agree with the plaintiffs, or any or either of 
 them, that if they would postpone giving notice of the 
 agreement in the bill mentioned to the tenants of the pro- 
 perty, and to the gas and insurance offices, therein respec- 
 tively mentioned, or any or either of them, I would take 
 a transfer of the security in the said bill mentioned, or of 
 any other security, or that I at any time, or in any man- 
 ner, entered into any such agreement as in the said bill 
 mentioned. And I deny it to be true that the plaintiffs 
 relied on any such agreement as in the said bill stated ; 
 or that they forbore to give such notice as in the said bill 
 stated ; and on the contrary, I say that the plaintiffs did, 
 on the said 17th day of July, 18.54, give such notices,and 
 on the 20th of the same month of July aforesaid, they filed 
 their bill in this suit, and that on the 24th day of the same 
 month they applied for and obtained an order of this hon- 
 ourable Court for the appointment of a receiver to collect, 
 get in, and receive the rents and profits of the leasehold 
 premises, and the dividends of the shares and rent charges, 
 respectively mentioned in the plaintiff's bill ; and the ten- 
 aiits of the said leasehold estates were thereby ordered to 
 attorn, and pay their rents in arrear, and growing rents, 
 to such receiver, who was to be at liberty to manage, set, 
 and let the said estates with the approbation of the Judge 
 to whose Court the cause is attached, as there should be 
 occasion. And I say that the said letters and writings 
 were and are no more than parts of a negotiation or treaty 
 into which I entered, as the plaintiffs knew, only with the 
 desire, and for the purposes hereinbefore in that behalf 
 mentioned, and not otherwise ; which desire and purposes 
 were entirely frustrated by the said plaintiffs breaking 
 off and abandoning the said treaty in manner aforesaid, 
 and by their serving such notices, and by instituting this 
 suit, and taking the said proceedings therein. And I deny 
 it to be true that I acted in the manner in the said bill 
 mentioned, or in any other matter, in concert with the 
 defendant, E. V.,for the purpose of delaying the plaintiffs' 
 proceedings against him, and enabling him to dispose of 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 201 
 
 portions of his property ; and I deny it to be true that the 
 detendant E. V. accordingly realised portions of his pro- 
 perty, and placed the same out of the reach of his 
 creditors. 
 
 11. I submit that the plaintiffs have not, on their bill, 
 shown any case in equity, or case entitling them to pro- 
 ceed against me in this honourable Court ; and I pray all 
 such benefit as if I had demurred to the said bill. 
 
 Sworn, &c. (see ante, No. 116.) 
 
 133 An^iver to Bill to restrahi use of trade mark. 133. 
 
 Answer to the 
 BiU (ante No. 60) 
 In Chancery. ' Hied to prevent 
 
 the use of a 
 
 E. D. and S. D. D Plaintifis, t'^de maik. 
 
 and 
 J. K Defendant. 
 
 The answer of J. K., the above named defendant, to the 
 bill of complaint of E. D. and S, D. D., the above named 
 plaintiffs. 
 
 In answer to the said bill, I, J. K., say as follows : — 
 
 1. I have been informed and believe that P. D. in the bill 
 mentioned was not the original and first inventor of the 
 word " Pain KiUer," nor washe the first person who used the 
 name of " Pain Killer," as applied to a medicine or article 
 of commerce, as alleged in the first and second paragraphs 
 of the said bill. 
 
 2. I have been informed and believe that none of the 
 medicine manufactured by the said P. D., and distinguish- 
 ed or labelled with the said trade mark of " Pain Killer," 
 was introduced into or known in Canada so early as the 
 year 1841, nor was it, or that manufactured by P. D. and 
 Son, or by the plaintiffs, known to the trade and the gene- 
 i-al pubhc in Canada West and elsewhere by the name of 
 " Pain Killer ; " nor whenever " PainKiller " was asked for 
 in shops and elsewhere was the said medicine so alleged to 
 be invented by the said P. D. intended or supplied by that 
 name. 
 
 3. I have been informed and beUeve that the said trade 
 mark of " PainKiller " has not been registered duly and pro- 
 perly or in strict accordance or compliance with the sta- 
 tute of Canada, called " An Act to amend the Act respect- 
 ing Trade-Marks, and to provide for the Registration of 
 Designs," and the certificate of such registration has not 
 been duly obtained or procured, and is void and of no value 
 or effect. 
 
202 FORMS AND PRECEDENTS OF 
 
 4. I further say that the words " Pain Killer" have never 
 been used alone to designate the medicine manufactured 
 by the plaintiffs or by the said P. D. or P. D. and Son ; 
 but the said medicine is and always has been designated 
 by the words " P. D.'s Vegetable Pain Killer," nor is the 
 medicine generally known by the name of " Pain Killer " 
 alone ; and whenever " Pain Killer " is asked for in shops 
 or elsewhere the medicine manufactured by the plaintiffs 
 is not intended or supplied without further specilic direc- 
 tions. 
 
 5. I have been informed and believe that for many 
 years medicine professing to be remedies for some or all of 
 the diseases to which the plaintiffs direct their medicine to 
 be applied, and put up in bottles of a somewhat similar 
 size and general appearance to the plaintiffs' have been 
 manufactured and sold in Upper Canada under the name 
 of " Pain Killer" with the addition of the maker's name, and 
 the manufacture and sale of some of these medicines was 
 of a date anterior to the alleged invention and appropria- 
 tion of the word " Pain Killer " by the said P.D.,and among 
 the medicines referred to in the paragraph, I do not include 
 that alleged in the said bill to have been manufactured 
 and sold by me. 
 
 And I pray to be hence dismissed with my reasonable 
 costs. 
 
 Sworn, etc. 
 
 134. 134. Answer of agent to bill, of principal for account, 
 
 BmanteNo.^82 <&c. See bill, ante No. 82. 
 
 ty principal 
 
 •gainst agent ' 
 
 lor account, &g., Iq Chaucerv. 
 
 Charging fraud. Between-A. B Plaintiff, 
 
 and 
 A. McL Defendant. 
 
 The answer of the above named defendant to the bill 
 of complaint of the above named plaintiff. 
 In answer to the said bill I the said defendant say as 
 
 follows : 
 
 1. All admissions herein made are so made for the pur- 
 poses of this suit only. 
 
 2. I am a land agent and conveyancer, doing business 
 as such in the Town of Durham, in the County of Grey, 
 but I deny that I have ever held myself out to the 
 public as, or endeavoured to induce any person to believe 
 that I was or am a legally qualified attorney, and I 
 further say that the plaintiff, from his first acquaintance 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 203 
 
 with me, well knew the nature of my business, and was 
 perfectly well aware that I was not and did not pretend 
 to be or practise as a solicitor or attorney. 
 
 3. I first became acquainted with the plaintiff in the 
 autumn of the year 1871, and shortly after my acquain- 
 tance began he stated to me that he was the holder of 
 the interest of the purchaser or locatee of the Crown 
 lot number 220, in the 3rd range south-west of the 
 Toronto and Sj'denham road, in the Township of Proton, 
 in the County of Grey, under a tax sale, but that there 
 were large arrears of taxes again accumulating thereon, 
 and that there was a large sum due to the Crown in re- 
 spect thereof, and he expressed his willingness to sell his 
 interest in the said lot to me. 
 
 4. I was not desirious of becoming the purchaser of the 
 plaintiff's interest in the said lot; but being pressed by 
 him to do so, I became the purchaser thereof for the sum 
 of S'25, and thereupon, by Indenture of Assignment duly 
 executed by the plaintiff, he assigned and transferred to 
 me absolutely all his right, title and interest in and to 
 the said lot in consideration of the sum of $25, which I 
 then paid to him. 
 
 5. I afterwards deposited the said assignment in the 
 Department of Crown Lands for the Province, and paid 
 to the said Department the amount required in order to 
 entitle me to the issue of the patent therefor, and some 
 time afterwards the patent for the said lot was issued to 
 my assignee by the said Department. 
 
 6. I also satisfied all the arrears of taxes which had 
 accrued upon the said lot. 
 
 7. I deny that I ever agreed with the plaintiff to sell 
 the said lot for him, and divide the proceeds of the said 
 sale with him, or that I ever agreed with the plaintiff in 
 respect of the said lot except as hereinbefore set forth ; 
 and I insist upon the said sale and assignment by the 
 plaintiff to me of his interest in the said lot, and plead 
 the same in bar to the reUef sought by him in respect 
 thereof 
 
 8. The plaintiff engaged me in my capacity of a land 
 agent to assist him in procuring the issue to him of a 
 patent from the Crown of lots numbers 224 and 225 in 
 the 3rd range south of the Toronto and Sydenham road, 
 in the said Township of Proton, and I undertook, as I 
 submit I was justified in doing, to aid the plaintiff in pro- 
 curing the issue of the said patent. 
 
 9. At the time the plaintiff so appHed to me, he in- 
 formed me that he derised his title to the issue of the said 
 
204 FORMS AND PRECEDENTS OF 
 
 patent through a purchase, at a tax sale of the interest of 
 the original locatee of the Crown ; that the Department 
 of Crown Lands had hitherto declined to act upon the 
 said title; that he feared other persons might apply to the 
 said Department to purchase the said lots, and that he 
 was very anxious to procure the issue of a patent to him- 
 self 
 
 10. In order to prevent anj' other application for the 
 said lots, the plaintiff, under my advice, applied to the 
 local Crown Lands Agent of the County of Grey for, and 
 procured from him a statement showing the amount re- 
 quired to be paid in order to entitle the plaintiff to the 
 issue of a patent for the said lots, and upon receipt of the 
 said statement the plaintiff deposited the amount shown 
 thereby to the credit of the said Department ; the requir- 
 ed amount shown by the said statement was $433, and 
 was, as I believe, made up by putting the price of the said 
 lands at $3 per acre, and computing interest on the said 
 price from the date of the application of the original pur- 
 chaser, and giving credit for the deposit paid to the De- 
 partment by the said original purchaser. 
 
 11. At the time the plaintiif deposited the sum of $433 
 as aforesaid, I informed him that I thought the said De- 
 partmentcould be induced to accept $2 per acre for the said 
 lands, and I said that I would use my best endeavours with 
 the said Department to procure it to sell the said lands to 
 the plaintiff for the said sum of $2 per acre ; but the plain- 
 tiff said he would be perfectly satisfied if he got the said 
 lots for the said sum of $433, and that any rebate which I 
 could get upon the price of the said lands I might keep 
 for myself ; and sometime afterwards the plaintiff execut- 
 ed and delivered to me a power of attorney, authorizing 
 me to receive from the said Department all overplus 
 moneys paid by him to the said Department on account of 
 the said lots, and I crave leave to refer to the said power 
 of attorney on the hearing of this cause. 
 
 12. In pursuance of my said engagement with the 
 plaintiff, I corresponded with the said defendant and with 
 my agents at Toronto, and made two journeys to Toronto 
 in and about the procuring of the issue of the said patent 
 to the plaintiff, and by my exertions and those of my 
 agents I was enabled to procure the issue of a patent to 
 the plaintiff for the said lots, and I also procured the said 
 Department to make a rebate upon the price of the said 
 lands amounting to the sum of $206.20, which was paid 
 to me by the said Department, and I received the same 
 under the authority of the said power of attorney. 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 205 
 
 13. The said patent was issued on or about the 1st day 
 of December, 1871, and immediately after I received the 
 same I wrote to the plaintiff informing him of the issue 
 thereof, and that I had received the said sum of $206,20, 
 and requesting him to call upon me and receive his said 
 patent and have a settlement ; but the plaintiff never 
 called upon me nor asked me for the said patent, nor for 
 a settlement in respect of the said moneys until the month 
 of xMarch, 1873. 
 
 1-t. In the said month of March the plaintiff called upon 
 me, and I then fully explained to him what had been done 
 as hereinbefore set forth, and the plaintiff fully understood 
 the same. 
 
 15. I then paid to the plaintiff the sum of $140 out of 
 the said sum of $206.20 received by me from the said De- 
 partment, proposing to retain the balance as a remunera- 
 tion for my ser\-ices, loss of time and disbursements in 
 and about the procuring of the issue of the said patent 
 and the said rebate from the said Department. The 
 plaintiff assented to the said settlement ; and in order to 
 evidence the said settlement, and in order to ratify and 
 confirm the power of attorney formerly given to me, the 
 plaintiff, by an instrument under his hand and seal dated 
 the 30th day of March, 1873, in consideration of the said 
 sum of S140, authorized me to obtain any refund that was 
 then or had been due from the said Department on account 
 of the said lots, and aLso to keep and use for ever all monej-s 
 which I had obtained or might obtain on account of said 
 lots, as overpaid money from the said Department, and I 
 crave leave to refer to the said instrument on the hearino- 
 of this cause. 
 
 16. J have not obtained and do not expect to obtain 
 any further sums of money from the said Department on 
 account of the said lots.' 
 
 17. After the execution of the said instrument, and on 
 the same day, the plaintiff represented that he was much 
 in need of money, and asked me to reduce my said charges, 
 which I agreed to do, and thereupon I gave to the plaintiff 
 the farther sum of SIO, and he gave me a receipt therefor 
 expressed to be in full of all demands, and I crave leave to 
 i-efer to the same on the hearing of this cause. 
 
 18. At the time of the said settlement, and the payment 
 by me to the plaintiff of the said sums of $140 and .$10, 
 he fully understood the nature of the said settlement, and 
 he was fully and fairly informed of the nature and par- 
 ticulars of the whole transaction, and he agreed thereto 
 and executed the said instrument under seal and the said 
 
206 FORMS AND PRECEDENTS OF 
 
 receipt deliberately, and with full knowledge of all the 
 circumstances, and without the exercise of any improper 
 influence on my part ; and I claim that the said settlement 
 was a fair and just one, and that the amount retained by 
 me as a remuneration for my said services, loss of time 
 and disbursements, was very reasonable under the cir- 
 cumstances, and I submit that the plaintiff is bound by 
 the said settlement, and ought not to be allowed to re-open 
 the same. 
 
 19. I deny the allegations contained in the 6th and 8th 
 paragraphs of the said bill. 
 
 20. I say that this suit has been instituted for the pur- 
 pose of depriving me, if possible, of the said sum of $56.20 
 retained by me for my services on the plaintiff's behalf, 
 hereinbefore set forth, and I submit that the plaintiff, 
 having obtained the benefit of my said services, is bound to 
 remunerate me therefor, and that his proceedings herein 
 are harsh, inequitable and unjust. 
 
 21. I submit that the plaintiff has, by his laches and 
 acquiescence, deprived himself of all right to relief in 
 this court in respect of the matters aforesaid. 
 
 22. I deny all charges of fraud and improper conduct 
 on my part in the said bill contained. 
 
 23. I pray to be hence dismissed with my costs of suit. 
 
 Sworn, dec. 
 
 2. Common Forms of Statements and Allegations in 
 Answers. 
 
 135. The dealings and transactions in respect of the said 
 
 refSoltobook trade are entered in a large book, or ledger, kept on the 
 
 containing them, premises at ; and the items in respect thereof are 
 
 contained in 164 pages, with double columns, of the said 
 book and to set out such items in detail would occasion 
 very great expense ; but we are willing, if the Court 
 should think proper so to direct, that the plaintiff or his 
 solicitor should inspect the said book, and take extracts 
 therefrom, at all reasonable times of the day. 
 
 136. 
 
 The like. 
 
 The book debts of the said testator appear by the said 
 ledger ; and we have not, nor have either of us, had or 
 made any other account thereof ; and we are wholly un- 
 able to set forth any other account thereof, according to 
 our respective knowledge, remembrance, information or 
 belief 
 
 belief 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 07 
 
 1. I have in the first schedule hereto, and which I pray 137. 
 may be taken as part of this my answer, set forth, to the refermce to 
 best of my knowledge, information, remembrance and be- of^o^Anawer^'^^ 
 Hef, a fuU, true and particular list and account of all the 
 personal estate and effects of, or to which, the said testator 
 
 was possessed or entitled at the time of his death. And 
 I say, that I have possessed myself of aU such per.'^onal 
 estate and effects. And as to such articles of personal 
 effects as were as aforesaid specifically bequeathed by the 
 said will, I say, that I have delivered the same to the 
 several legatees to whom the same respectively were be- 
 queathed. 
 
 2. And I say, that my dealings with the rest of the 
 said personal estate and effects appear by the second 
 and third schedules to this my answer. 
 
 3. And in the second schedule hereto, and which I 
 pray may be taken as part of this my answer, I have, to 
 the best of my knowledge, information, remembrance and 
 belief, set forth a full, true and particular account of all 
 monies received or paid by me on account or in respect 
 of the personal estate of the said testator, and by an ins- 
 pection of which it will be seen what from time to time 
 were the balances in my hands. 
 
 4. And in the third schedule hereto, and which I pray 
 may be taken as part of this my answer, I have, to the 
 best of my knowledge, information, remembrance and 
 behef, set forth a fuU, true and particular account of the 
 government and other stocks forming part of the said 
 testator's estate, and of my dealings with the same. 
 
 5. And save as aforesaid I am unable, as to my belief 
 or otherwise, to set forth any account of the personal 
 estate of the said testator at the time of his decease, 
 or of the particulars whereof the same consisted, or of such 
 parts thereof as have come to my hands, or the hands of 
 any other person by my order, or for my use, or of my ap- 
 plication thereof respectively, or of such parts of the said 
 personal estate as are outstanding, or of the balances 
 which have from time to time been in my hands or power 
 in respect of the said personal estate. 
 
 We have in the schedule hereto set forth, according to ,138. 
 the best of our knowledge, information and belief, a short propSyT"' 
 but complete statement of the several particulars of the J^f/iraeroof 
 said testator's freehold and personal estate, and what to answer. 
 parts or portions thereof have been sold, called in, or con- 
 
208 
 
 FORMS AND PRECEDENTS OF 
 
 verted into money, and the several particulars of which 
 the said testator's estate now consists, and upon what 
 securities, and in whose names or name, and in what man- 
 ner the same and every part thereof is invested. 
 
 139. And we say and submit that it would only occasion 
 
 M "bdSg usdest great and useless expense were we, in this our answer, to 
 
 before decree, gg^^ forth any further or fuller account of the rents and 
 
 profits aforesaid ; and that the same ought to be taken, if 
 
 at all, by and under the directions and decree of this 
 
 honourable Court. 
 
 140. 
 
 Admission. 
 
 We admit that, dso. 
 
 141. We have no personal knowledge of the fact, but, for 
 
 pu^iSo/the the purposes of this suit, we admit that, <&c. 
 
 suit. 
 
 142. 
 
 Claims made by 
 defendant. 
 
 I claim to be interested in the matters of this suit by 
 virtue of, Sc. 
 
 The short particulars of the mortgage now vested in us, 
 and of our title thereto, are as follows, Sc. 
 
 We claim to be equitable mortgagees of the heredita- 
 ments mentioned in the said biU, together with other 
 hereditaments, under a memorandum in the words and 
 figures following, that is to say, &c. 
 
 We claim a lien on the shares of, <fcc., for so much of 
 the said debts as arises from the unpaid purchase money 
 of the same shares respectively, and the interest thereof 
 
 craviJ^ifaTe ^^ ^^^^^ *'^*^' '^<^-—0r, We believe that, c&c— but for 
 fo?™elter"cer- greater certainty we crave leave to refer to the said, dx., 
 
 tainty (a). ^^^^ produCed. 
 
 cravii'^kkve to "'' ^^°""^ ^**^® ^^ uothing respecting the deeds, dealings 
 refe™f ra-d™ " and transactions stated in the said amended biU ; but I 
 fendanfsanswer. y^^^^ ^^^^ g^ ^^^^ ^f ^^le answcr proposed to be forthwith 
 
 (a) As to effect of this, see Lewis, Eq. Pleading, 226. 
 
PROCEEDINGS IN CHANCERY — ^ANSWERS. 209 
 
 put in to the amended bill by the defendants J. L. and G. 
 W. F. ; and I have no doubt that the statements contain- 
 ed in such answer are correct. However, for my greater 
 certainty as to the contents of deeds and other written 
 documents, I crave leave to refer to such deeds or docu- 
 ments. 
 
 stead of schedul- 
 ing. 
 
 I have in my possession certain papers and old rate 145. 
 books, which I am willing to hand over to the plaintiffs if dommentl, S^ 
 they desire it. No apphcation for any of the said papers f """ 
 or books was ever made to me prior to the filing of the 
 bill in this cause. I have, under these circumstances, set 
 out no hst or schedule of such papers and books ; and I 
 -submit that to do so would have been a useless expense. 
 
 The said settlement, and other deeds and documents in^bfllt^ to dis- 
 hereinbefore mentioned, have been for some time and are cover contents of 
 now in the custody, possession or power of the plaintiff' 
 W. S. ; but he refuses to produce the same, or to give me 
 any information with respect to their contents ; and I am, 
 therefore, unable to set forth the same, or any of them^ 
 with grea.ter certainty or particularity than hereinbefore 
 appears. 
 
 I have been informed and believe that, ^c. ,^rj 
 
 I believe that, <i;0. information and 
 
 We have no reason to doubt, and therefore we believe ° '^ ' 
 that, ^c. 
 
 We believe that the statements contained in the para- 
 graphs numbered respectively from 1 to 8, both inclusive, 
 of the plaintiffs' bill of complaint are true, except in the 
 particulars or respect hereinafter mentioned ; that is to 
 say: ^c. 
 
 I, this defendant W. R., say, and we, these other defen- 
 ants, believe it to be true, that, ^c. 
 
 I \0r, we] do not know, and cannot set forth as to 148. 
 my [Or, as to either of our] belief or otherwise whether ^'""'°'"°*- 
 or not it is alleged or is the fact that, ^c. 
 
 14 
 
210 
 
 FORMS AND PRECEDENTS OF 
 
 149. 
 
 Qualified denial. 
 
 Save as herein appears, it is not the fact, ^c. 
 Save as herein appears [Or, save as by the said sche- 
 dule appears], I do not know, ^c. 
 
 150. 
 
 Reference to a 
 schedule. 
 
 I have in the schedule hereto, and which I pray 
 
 may be taken as part of this my answer, set forth, to the 
 best of my knowledge, information, and belief, a descrip- 
 tion of, ^c. 
 
 151. 
 
 Release. 
 
 We submit, and humbly insist, that the said release so 
 executed as aforesaid, and the payment of the said sum of 
 $ , and the receipt given for the same, is a full dis- 
 charge. Nevertheless, we are willing and hereby sub- 
 mit to account as this honourable Court may think fit. 
 
 J52. I insist on the statute made in the 21st year of His 
 
 Hon"of2ijSii*e3^^*® Majesty James the 1st, for the limitation of actions, 
 1. 0. 16. as a bar to the plaintiffs' said bill, and to the relief sought 
 
 thereby. 
 
 153. 
 
 The like, C. S. 
 V. C, c. 88. 
 
 We severally claim the benefit of the provisions made 
 in and by the Consolidated Statutes of Upper Canada, 
 chapter 88, and of all other statutes of limitation, in bar 
 to the relief sought by the plaintiff in this suit. 
 
 settied^fo'unte '^^^ account SO stated and settled was in fact stated 
 claim of. ' and settled by the said A. B. and myself, as it purports 
 
 to be, on the day of the date thereof; and 1 claim the 
 
 benefit thereof as a settled account. 
 
 Suhmission of 
 fact. 
 
 We submit to the judgment of this honourable Court 
 whether it is, or is not the fact, <fec. 
 
 suhmM^n hy ^c submit in all things to act as this honourable Court 
 trustees to act. shall direct; and we claim to have our costs, charges 
 
 and expenses properly incurred, paid out of the estate of 
 
 the said testator. 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 211 
 
 The said J. S. died on the day of , and not on 157. 
 
 the day of , as in the 2nd pai-agraph of the said ''^*™™- 
 
 bill erroneouslj'- stated ; but save as aforesaid, we do not 
 know, and are unable, as to our belief or otherwise, to 
 set forth whether or not the statements, or some or one 
 or which of the statements, contained in the paragraphs 
 numbered respectively from 1 to 8, both inclusive, of the 
 plaintiff's biU of complaint are or is true, or which of 
 them are or is, or in what respect untrue, or how other- 
 wise. 
 
 I have never in any manner intermeddled with the said „ 158. 
 
 Tmstfic ' Q6SIP6 
 
 trust estate, nor received any of the rents and profits to be disohaiged 
 
 thereof ; and I am very desirous to be discharged from the 
 
 trusts in the bill mentioned, and I am ready and willing 
 
 to convey and release the trust premises to such persons, 
 
 or to do such other acts, as this honourable Court shall 
 
 direct for that purpose, upon being indemnified in so doing, 
 
 and having my costs and expenses. 
 
 We submit to the judgment of this honourable Court, 159' 
 and humbl}- insist that this suit is altogether unnecessary se'tted aocoiSta; 
 and vexatious ; and that even if the plaintifi" had been ol^d^fence'^S u' 
 entitled to any such relief as is prayed by the said bill, raised by piea or 
 the same might have been obtained by proceedings at law 
 with less expense ; but we say that a large sum of money 
 has been for a long time, and now is, justly due and ow- 
 ing to us from the plaintiff; and that during the whole of 
 the transactions in the said bill mentioned we were in 
 advance with creditors of the plaintiff; and that the plain- 
 tiff has repeatedly, and partlyintheletters hereinbefore set 
 forth, acknowledged the accuracy of the accounts rendered 
 by us to him, and has treated the same as being, as in fact 
 they were, settled accounts. 
 
 I am advised, and humbly submit, that the plaintiff has 160. 
 not any interest in the estate of the said testator, or in the m piaintitf ; 
 matters in question in this suit, nor any such estate or in- St^'ifX'"'" 
 terest in the said testator's estate, or the matters aforesaid, f^M^ by demi.r 
 as to entitle the plaintiff to sustain this suit ; and I crave 
 the same benefit from this defence as if I had demurred to 
 the said bill. 
 
212 
 
 FORMS AND PRECEDENTS OF 
 
 161. 
 
 Cross relief.(a) 
 
 The allegations upon which the defendant claims to be 
 entitled to cross relief are set forth in the answer with 
 the same -particularity as in a hill, so far as it is practi- 
 cable, and the claim, for cross relief is made thus, and the 
 defendant prays by way of cross relief that in the taking 
 of the accounts the plaintiff may be charged, &c., or that 
 the plaintiff may be ordered to, dkc. 
 
 162. We submit that the plaintiff has not, by his said amend- 
 
 ciaunrf^me^^ cd bill, entitled himself to any equitable relief as against 
 
 of same c 
 
 ori^tibm.™*° us ; and we accordingly claim the benefit of the same ob- 
 jections to the said amended bill as are claimed by our said 
 answer to the said original biU. 
 
 JOINDER OF SEVERAL DEFENCES. 
 
 163. In Chancery. 
 headuig'ot joint Between (Set forth the title of the cause. See ante 
 No. 104). 
 The demurrer and answer of A. B., the above named de- 
 fendant [Or, one of the above named defendants], to 
 the bill of complaint [Or, amended bill of complaint") 
 of the above named plaintiff. 
 
 demurrers, and 
 answers. 
 
 <1.) Demurrer 
 and answer. 
 
 (2.)356murrer to 
 part, a nd an swer 
 togreat.BB > 3 
 
 The demurrer of A. B., the above named defendant [Or, 
 one of the above named defendants], to part of the bill, 
 and the answer of the said defendant to the remainder 
 of the bill, &c. 
 
 (3.) Joint and The joint and several demurrer and answer of A. B. 
 and answer. and C. D., the [Or, two of the] above named defend- 
 
 ants, to the biU, &c. 
 
 4.) Husband, 
 and wile. 
 
 The joint demurrer and answer of A. B. and C. his 
 wife, the [Or, two of the] above named defendants, to 
 the bill <Ssc. — Or, if they have married since she was 
 made a defendant, say : The joint demurrer, ^c, of 
 A. B. and C. his wife, lately, and in the bill called, C. 
 D., spinster — Or, widow — to the bill, ^c. 
 
 (a) Order 126. 
 
PROCEEDINGS IN CHANCERY — ANSWERS. 213 
 
 In Chancery. 164. 
 
 Between (Set forth the full style of the cause, or as aS«™™nd 
 
 ante 104). answer. 
 
 The demurrer and answer of A. B., the above named 
 defendant {Or, one of the above named defendants], to 
 the bill of complaint [Or, amended bill of complaint] 
 of the above named plaintiff. 
 
 1. 1, the defendant A. B., by protestation, not confessing i.) Demurrer, 
 or acknowledging all or any of the matters and things in 
 
 the said bill contained to be true, in such manner and 
 form as the same are therein set forth and alleged, as to 
 so much of the said bill as seeks (State what), and also 
 as to so much of the said bill as seeks, Sfc, do demur 
 thereto. 
 
 2. And as to the discovery and rehef sought by the said 
 bill, save so much thereof as relates to the premises there- 
 in mentioned to be situate at S., in the county of D., for 
 cause of demurrer I show that, ^c. 
 
 3. And as to so much of the said discovery and relief as 
 relates to the said premises at S. aforesaid, for cause of 
 demurrer I show that, <fec. 
 
 4. Wherefore, and for divers other good causes of de- 
 murrer appearing in the said bill, I pray the judgment of 
 this Honourable Court whether I shall be compelled to 
 make any answer to such parts of the said bill as I have 
 hereinbefore demurred to. 
 
 5. And I, the defendant A. B., not waiving my said (2-) Answer, 
 several demurrers, but wholly relying and insisting there- 
 on, for answer to so much of the said bill as I am advised 
 
 it is material or necessary for me to make answer unto, 
 say as follows, &c. 
 
 (Name of Counsel.) 
 Sworn, &c. 
 
 In Chancery. ,,,„,, ,. ,, GeneJauf^of 
 
 Between (Set forth the full style of the cause, or as a joint and 
 
 J ir\A\ several demur- 
 
 ante 104). rer, and joint 
 
 The joint demurrer of the above named defendants A. ™^wir'^°'' 
 B. and C. his wife to part, and the joint and several 
 answer of thesaid A. B. and C. his wife to the other part, (i) Demurrer. 
 of the bill of complaint of the above named plaintiff. 
 
 1. We, the defendants A. B. and C. his wife by protesta- 
 tion (Continue as in No. 164, ante,to and alleged), as to 
 somuchof the said bill as seeks, Sc, do demur thereto ; and 
 for cause of demurrer show that, &c., and for further 
 cause of demurrer show that, dso. 
 
 2. For which reason, and for divers other causes, we 
 
214 FORMS OF PROCEEDINGS IN CHANCERy. 
 
 do demur to so much of the said bill as aforesaid ; and 
 humbly pray the judgment of this Honourable Court 
 ■whether we shall make any further or other answer 
 thereto. 
 (2.) Answer. 3. And as to so much of the said bill as we have not 
 
 before respectively demurred to, we, the defendants A. B., 
 and C. his wife, in no sort waiving the benefit of the said 
 demurrer, but wholly relying and insisting thereon in 
 answer to the residue of the plaintiff's said bill, or to so 
 much thereof as we are advised it is material or necessary 
 for us, or either of us to answer, severally say as follows, 
 &c. (here follows the answer). 
 
 (Name of Govmsel.) 
 Sworn, &c. 
 
 166. 1 66- Disputing note, and note for sale in mortgage 
 
 (1) Disputing gyAt 
 noteiD mortgage ""'■"'''• 
 suit., (a). 
 
 In Chancery. 
 
 (Full style of cause, or as ante 104.) 
 (/) dispute the amount claimed by the plain tifi" in this 
 cause. 
 
 Dated this dav ) ^- ^- (Defendant in person) 
 
 f 1S7f> 1 ("'' bolicitor tor Detendant 
 
 ' C. D.) 
 
 (2) Note for sale. Formal parts : as above. 
 
 (I) desire a sale of the mortgaged premises in the 
 plaintiff's bill mentioned, or a competent part thereof 
 instead of a foreclosure. (Conclude as above). 
 
 REPLICATION. 
 
 167. In Chancery. 
 Stoltosch^d (-f'"'^^ %'® "/ cause, or shortened style, as ante No. 104.) 
 L.ord. 149. I admit, <fcc. (state allegations in answer which are in- 
 
 tended, to be admitted), and I join issue with the answer 
 of the defendant C. D., except in so far as I have herein 
 made admissions in regard to allegations contained in 
 such answer [and I will hear the cause upon bill and 
 answer against the defendant E. R, and pro confesso 
 against the defendant G. H., as the case may 6e.] 
 
 (a) As to defences available under disputing note, see Cattanach v. t/'rg«Aart, 6 P. C. 
 28. 
 
ENDORSEMENTS ON PLEADINGS, WHITS, ETC. 215 
 
 CHAPTER II. 
 
 Endorsements required on pleadings, writs and 
 
 OTHER proceedings. 
 
 Section I. — Endorsement of name and address on 
 pleadings, writs, <Soc. 
 
 This bill is filed by John Jones — Or, Jones & Styles, of 168. 
 No. 6 King Street, city of Hamilton. ^SLZTote?" 
 
 (// the Solicitor is only agent for another Solicitor, add SfanS-"' 
 the na.me or firm and place of business of the prmcipaZ <if«ss of solicitor 
 Solicitor; as:) Agent for Thomas Smith— Or, Smith & mto|i° at 
 Brown— of Simcoe, in the county of Norfolk : SerS^offi^T?' 
 
 Conclude with name of client; as: Solicitor for the °f 9,« »' » ^ep. 
 plaintiff [Or, defendant George Bruce — Or, George Bruce, 
 above named — Or, George Bruce, within named — or as 
 may 6e]. 
 
 This answer is filed by John Jones — Or, Jones & Styles, 169. 
 of Xo. 6, King Street, city of Hamilton. fut^rledo'n 
 
 Agent for Thomas Smith — Or, Smith & Brown — of *"™'''' ^'"^ <''>• 
 Simcoe, Norfolk. 
 
 Solicitor for the defendant A B. \or as may be]. 
 
 This demurrer is filed by John Jones, of No. 6 King 170. 
 Street, city of Hamilton, [Agent for Thomas Smith, of ^Sed on' 
 Simcoe, Norfolk,] Solicitor for the defendant A. B. [or as ^^^)" 
 may he]. 
 
 This writ is issued by John Jones, of No. 6 King 171. 
 Street, city of Hamilton, and Charles Robinson and dor^'ed^on ^te ' 
 Edward Williams (firm, Robinson and Williams), of No. 
 
 (0). 
 
 (a) Upon every writ sued out and upon every pleading or proceeding filed there 
 must be endorsed the name or firm and place of business of the Solicitor or Solicitors 
 by whom such writ has been sued out or such pleading or proceeding has been filed, and 
 when such Solicitora are acfents, then the name and place of business of the principal 
 Solicitor also ; but where the name and address of a Solicitor have been indorsed upon 
 any pleading or proceeding filed, it is not necessary to make such endorsement on any 
 pr<jceeding subsequently filed or served upon any person who has been served with the 
 former proceeding. See Ord. 40, 41. Throughoxit these forma the Clerk of Records 
 and VVrits or his office only will be mentioned, but it is to be understood that these 
 expressions will refer to the Deputy Registrar and his office, where the pleadings are 
 iilvd in an outer county. 
 
 (h) See Ord. 40, 41. 
 
 (c) Order 10, 41. An agent cannot act as such in filing a bill, or defending a suit, for 
 s. -.olicit^jr resident out of the jurisdiction. Two solicitors, though not in partnership, 
 or two distinct firms of solicitors, may act for the same party ; but if theyact asprin- 
 
216 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 4 Dundas Street, London, joint Solicitors for the plaintiflf^ 
 cf-c. ; [Or, John Jones, of No. 6 King Street, city of 
 Hamilton, Agent for Smith and Brown, of Simcoe, Nor- 
 folk, and for Jones and Robinson, of Simcoe, Norfolk, 
 joint Solicitors for the plaintiif, <fcc.] 
 
 person (a). 
 
 172. This petition is filed by Jarnes Williams, the plaintiff 
 
 dSreemelt,"ofa {Or the within named defendant or petitioner) in person : 
 p^y_|«!tta'g ™ of the town of Dundas, in the county of Wentworth : 
 
 (// the residence is more than three miles from, the Re- 
 007 d and Writ Clerks' office, add a/n, address for service 
 withi/n that distance ; as :) and whose address for service 
 is at the office of Mr. Daniel Hughes, No. 4 John Street, 
 in the city of Hamilton. 
 
 173. This disputing note is filed by the defendant James 
 
 The like. Williams, \or as may he'] in person, of the town of Dun- 
 
 das, in the county of Wentworth — Address for service, at 
 office of Mr. Daniel Hughes, No. 4 John Street, in tha 
 city of Hamilton. 
 
 {ShoH title.) 
 
 174. Take notice, that my place of business [Or, place of 
 
 Notice of change residence — Or, address for service] is now at (State where ; 
 
 nesBOT^resi-"" as : No. 2 Blank Street, in the city of Toronto), instead 
 
 SessTof of at (State where ; as : No. 6 King Street, in the city of 
 
 Hamilton.) 
 
 Dated this day of , 18 — . 
 
 (Signed) A. B., Solicitor [Cr, Agent] for the 
 plaintiff, cfcc. — Or, the plaintiff, 
 in person. 
 To the Clerk of Records and Writs ; 
 
 service. 
 
 and to Mr. C. D., Solicitor [Or, 
 Agent] for the defendant E. F. 
 [or as TYiay he\. ^ 
 
 cipal solicitors, they must unite in giving one conamon address for service, in addition 
 to their own respective addresses ; and il they act by an agent, they must unite in em- 
 ploying the same agent. Where separate solicitors or firms of solicitors have appeared 
 separately for several defendants, they cannot unite in filing a joint answer for such 
 defendants collectively : as the endorsement of the name, &c., of one solicitor, or firm 
 of solicitors, only, 'is allowed on the answer. Where it is desired to file such joint 
 answer, an order must first be obtained to change solicitors; so aa to entitle one solici- 
 tor, or firm, to represent all the defendants included in the answer : see Braithwaite's 
 Pr.9. 
 
 (a) See Ord. 44. Where the plaiutifE, a married woman, suing by her next friend, 
 obtained an order to sue in person by her next friend, instead of acting by a solicitor, 
 the subsequent proceedings were endorsed or sabscribed : **A. B., the plaintiff, and 
 
NOTICES TO BE ENDORSED ON BILLS. 217 
 
 Where the bill is filed in an outer county all papers 175. 
 filed in the suit in the office of the Clerk of Records and p^tZ^^hm 
 Writs should be also endorsed near the top with the name of ^'^'i- 
 the place tvhere the bill is filed; e.g. London (or as may 
 be). Ord.lS. ■ ^ 
 
 116. Notices to be endorsed on office copy of bill for 176. 
 service in suits other than for foreclosure or sale. XZZwT" 
 
 bill of complaint, , 
 , ^ refeiTed to in 
 
 NOTICE TO THE DEFENDANT(s) WITHIN NAMED. Order 86, 
 
 Your answer is to be filed at the office of the Clerk of 
 Records and Writs, at Osgoode HaU, in the city of 
 Toronto {or where the bill is filed in an outer county, at 
 the office of the Deputy Registrar at ). 
 
 You are to answer or demur within [four] weeks from 
 the service hereof {or when the defendant is served out of 
 the jurisdiction, within the time limited by Order 620). 
 
 If you fail to answer or demur within the time above 
 limited you are to be subject to have such decree or order 
 made against you as the Court may think just, upon the 
 ])laintiff's own showing ; and if this notice is served upon 
 you personally, you will not be entitled to any further 
 notice of the future proceedings in the cause (a). 
 
 Note.- This biU is filed by A. B., of the city of To- 
 ronto, in the county of York, Solicitor for the within 
 named plaintiff {or where the party who files the bill is- 
 
 agent, say Agent of E. F., of , Solicitor for the- 
 
 within named plaintiff). 
 
 , Plaintiff's Solicitor. 
 
 1 77. Notice to be endorsed on office copy of Bill for 177.' 
 service in suits for sale. onoffice"copy 
 
 bill for sale 
 under order 436, 
 NOTICE TO a'HE DEFENDANT WITHIN NAMED. being part of 
 
 Schedule S re- 
 ferred to in that 
 
 Your answer is to be filed at the office of the [Clerk of "'*"• 
 Records and Writs], at , in the of . 
 
 You are to answer or demur within weeks from 
 
 the service hereof 
 
 K you fail to answer or demur within the time above 
 
 CD., her next friend. In person — Address for service at," &c. : Moye v. Bateman, cited 
 Bralthwaite*s Pr. 10. Where three defendants appeared in person, the Court directed 
 that one set of notices for all the defendants, instead of one set for each, should in future 
 he left at their common address for service ; Waggett v. Cutiuah, M. R. 2nd May, 1863 ; 
 Ez. rel. Mr. King (Registrar.) 
 
 (a) But see Robimon v. WhiUxnnb, 20 Grant, 415. 
 
:218 FORMS OF PEOCEEDINGS IN CHANCERY. 
 
 limited, or if you answer admitting the execution of the 
 mortgage and other facts stated in the bill as entitling the 
 plaintiff to a decree, you are to be subject to have a decree 
 or order made against you forthwith thereafter; and if 
 this notice is served upon you personally, you will not be 
 entitled to any further notice of the future proceedings in 
 the cause. 
 
 Note. — This bill is filed by , of , in the 
 
 County of , soheitor for the above named plaintiff: 
 
 And take Notice, that the plaintiff claims that there is 
 now due by you for principal money and interest the sum 
 
 of , and that you are liable to be charged with this 
 
 sum, with subsequent interest and costs, in and by the 
 decree to be drawn up ; and that in default of payment 
 thereof within six calendar months from the time of 
 drawing up the decree, your interest in the property may 
 be sold unless before the time allowed you as by this 
 notice for answering, you file in the office above named a 
 memorandum in writing signed by yourself or your soli- 
 citor to the following effect:(7 dispute the amount claimed 
 by the plaintiff in this cause), in which case you will be 
 notified of the time fixed for settling the amount due by 
 you at least four days before the time to be so fixed. 
 
 , Plaintiff's Solicitor. 
 
 178. 178. Notice to he endorsed on office copy of hill for 
 
 'onSTopybiu service in suits for foreclosure. 
 
 " for forecloaure 
 under order 436, 
 ^eingpartof NOTICE TO THE DEFENDANT WITHIN NAMED. 
 
 Schedule S re- 
 if erred to in that 
 
 -order. Your auswcr is to be filed at the office of the [Clerk of 
 Records and Writs], at , in the of . 
 
 You are to answer or demur within weeks from 
 
 the service hereof. 
 
 If you fail to answer or demur within the time above 
 limited, or if you answer admitting the execution of the 
 mortgage and other facts stated in the bill as entitling 
 the plaintiff to a decree, you are to be subject to have a 
 decree or order made against you forthwith thereafter ; 
 and if this notice is served upon you personally, you will 
 not be entitled to any further notice of the future pro- 
 ceedings in the cause. 
 
 Note.— This bill is filed by , of , in the 
 
 County of , solicitor for the above named plaintiff. 
 
 And take Notice, that the plaintiff claims that there 
 is now due by you for principal money and interest the 
 sum of , and that you are liable to be charged with 
 
NOTICES TO BE ENDORSED ON BILLS. 219 
 
 this sum, with subsequent interest and costs, in and by 
 the decree to be drawn up, and that in default of paj'inent 
 thereof within six calendar months from the time of 
 drawing up the decree, your interest in the property may 
 be foreclosed, unless before the time allowed you as by 
 this notice for answering, you file in the ofiice above 
 named a memorandum in writing signed by yourself or 
 your solicitor to the following effect: (/ dispute theamount 
 claimed by the plaintiff in this cause), in which case you 
 will be notified of the time fixed for settling the amount 
 due by you at least four days before the time to be so 
 fixed. If you desire a sale of the mortgaged premises in- 
 stead of a foreclosure, you must, within the time allowed 
 you to answer, file in the ofiice above named a note or 
 memorandum in vsa-iting, signed by yourself or your 
 solicitor to the following effect : " / desire a sale of the 
 mortgaged premises in the plaintiff's bill mentioned, or 
 a competent part thereof instead of a foreclosure," and de- 
 posit the sum of S80 to meet the expenses of such sale. 
 
 A. B., 
 Plaintiff's Solicitor. 
 
 1 79. Xotice to be endorsed on office copy of bill for 179. 
 
 alimoyiv. Notice of clalm 
 
 ^ lor interim ali- 
 
 mony, &c., 
 
 To S. A., the within defendant. (a). ^^"'^ "'^ 
 
 Take notice that the plaintiff demands as interim ali- 
 mony, until the hearing of this cause, the weekly sum of 
 Si {or as may be), to be paid to her on the Monday of 
 
 each week at the residence of , near the Village of 
 
 -, in the Township of , and disbursements, 
 
 according to the rules of this Court. 
 
 Yours, &c., A. B., 
 
 Plaintiff's Solicitor. 
 
 180. 
 
 _ Notice to be en- 
 
 See form, post JS O. 357. dorscd on man- 
 
 ■'■ datory order 
 
 180a. 
 
 Notice to be 
 
 See form, post No. 564. offlc°eToproJ 
 
 order of revivor. 
 
 (a) As to effect of omittiDg this endorsement, see Peterson v. Peterson 6 Pr. C. 160. 
 
220 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 Section 11. — Notices of filing pleadings, affidavits, &c. (a). 
 
 In Chancery. 
 181. Brown v. Jones. 
 
 Notice of filing Take notice that I have this day filed the answer of 
 the defendant A. B. {Or the answers of the defendants A. 
 B. and C. D., or the joint and several answers of the de- 
 fendants A. B. and C. D., as the ca^e may be). 
 Dated this day of , 18 . 
 
 A. B., 
 To C. D., Esq., Deft:s Solr. 
 
 Plt.'s Solr. 
 
 . 182. See forvn No. 181, substituting " demurrer " for " answer.' 
 
 Notice of filing J ' if J 
 
 demurrer. 
 
 Notice^Pfliing ^^^ foTm No. 181, adding the words " and demurrer " 
 answer and de- after " answer." 
 
 murrer. '' 
 
 In Chancery. 
 ,„, Brown v. Jones. 
 
 184 
 
 Notice of filing Take uoticc that I have this day filed a replication in 
 
 replication. ^J^^g ^^^^^ 
 
 Dated this day of , 18 — . 
 
 To C. D., Esq., A. B., 
 
 Solr. Jor Deft. B. J. Plt.'s Solr. 
 
 Messrs. Y. & Z., 
 
 Solrs.for Defts. B., K. & L. 
 
 In Chancery. 
 
 Brown v. Jones. 
 •'■^pfl,- Take notice that I have this day filed the affidavits of 
 
 affidavits in G. H. and R. T. in answer to the motion (state shortly 
 motion.'"^.) purport of motiou) now pending in this cause. 
 Dated, &c. 
 To C. D., Esq., A. B., 
 
 Deft:s Solr. Plt.'s Solr. 
 
 (ffi) Notice of filing answer, demurrer or replication must be served the same day 
 the pleading: is filed- Ord. 46. 
 
 (b) Affidavits In answer to a motion must, as a general rule, be filed at least the day 
 before the motion is returnable. Ord, 261. 
 
AFFIDAVITS OF SERVICE OF BILLS. 221 
 
 CHAPTER III. 
 
 SERVICE OF BILLS. 
 
 In Chancery. 
 
 Between— A. B Plaintiff, 186. 
 
 _ _ J AflSdavit of ser- 
 
 **"*J^ \ice of bill refer- 
 
 ^- ^ Defendant. J^'J^^gtche- 
 
 dul D in that 
 
 I, , of , in the County of [Sheriffs Offi- "'i""'"«™^<' 
 
 cer or as may he\, make oath and say : 
 
 1. I did, on the day of , personally serve C. D., 
 
 the above named defendant with a paper which pur- 
 ported to be an office copy of the bill filed in this cause, 
 by delivering to and leaving the said oifice copy with the 
 said defendant, C. D. (If served otherwise than personally, 
 say, with a grown-up person, [Or as the case may Je] at 
 
 the dwelling-house of the said C. D.), at , (a) in the 
 
 County of . 
 
 •2. I FURTHER SAY, that the said office copy purported to 
 be authenticated by the signature of the Clerk of Records 
 
 and Writs of this Court (Or, Deputy Registrar at ) at 
 
 the foot thereof; and that each page of the said office 
 copy was stamped with a stamp similar to the one which 
 I now look upon in the margin of this affidavit (6). 
 
 3. I FCTKTHBR SAT, that upon the said office copy, at 
 the time of the service thereof, there was endorsed the 
 following memorandum : 
 
 " Your answer is to be filed at the office of the Clerk of 
 Records and Writs, at Osgoode Hall, in the Citj- of 
 
 Toronto (Or, Deputy Registrar at ) . 
 
 " You are to answer or demui- within [four weeks] (or 
 as may be (c) ) from the service hereof 
 " If you fail to answer or demur within the time 
 limited, you are to be subject to have such decree or 
 order made against you as the Court may think just 
 upon the plaintiff's own showing ; and if this notice 
 is served upon you personally, you will not be en- 
 titled to any further notice of the future proceedings 
 in the cause. 
 
 "Note.— Tfeis Mil is filed by A. B., of the City of To- 
 ronto, in the County of York, Solicitor for the above 
 named plaintiff." 
 
 (a) Where service is effected on the president or other officer of a corporation agCTegate 
 other than a municipal corporation, the service must be effected at the Head Office, or 
 at some branch or agency in Ontario, and must be so stated in the affidavit. — Ord. 01. 
 
 (6) Affidavits of the service of a bill must, before being sworn, be stamped by the offi- 
 cer with whom the bill is filed. 
 
 (c) See Ord. 620. 
 
222 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 4. And I further say, that to effect the said service I 
 
 necessarily travelled miles. 
 
 C Sworn before me, at 
 
 } this day of in 
 
 ( the year of our Lord 18 
 
 A Commissioner, &c. 
 
 AmJ^Joiser- Where a Defendant is served out of the jurisdiction, in 
 viceo^defen- addition to the ordinary/ statements in the affidavit, there 
 Son"* '"^"™" must also be a cMuse added proving the identity of the party 
 served with the Defendant in the suit (a). 
 
 C. D Defendant. 
 
 order. 
 
 188. In. Chancery, 
 ^/ofatff'or Between-A.B Plaintiff, 
 
 foreclomre, un- and 
 
 der order 436 — 
 the notice being 
 
 ferred to in that I^ of , in the County of , [Sheriff's officer, 
 
 Or as may be] make oath and say : 
 
 1 . I did, on the day of , personally serve C. D . , 
 
 the above named defendant ■ with a paper which pur- 
 ported to be an office copy of the bill filed in this cause, 
 
 by delivering to and leaving the said office copy with 
 
 the said defendant C. D. {If served otherwise than person- 
 ally, say, -with a grown-up person, [Or as the case may be] 
 
 at the dwelling-house of the said C. D.), at , in the 
 
 County of . 
 
 2. I FURTHER SAY, that the said office copy purported 
 to be authenticated by the signature of the Clerk of 
 Records and Writs of this Court {Or, Deputy Registrar 
 
 at ) at the foot thereof ; and that each page of the 
 
 said office copy was stamped with a stamp similar to 
 the one which I now look upon in the margin of this 
 affidavit. 
 
 3. I FURTHER SAY, that upon the said office copy, at 
 the time of the service thereof, there was endorsed the 
 following memorandum : 
 
 " Your answer is to be filed at the office of the Clerk 
 of Records and Writs, at Osgoode Hall, in the City of 
 
 Toronto {Or, Deputy Registrar at ) . 
 
 " You are to answer or demur within [four weeks] {or 
 as may be (b) ) from the service hereof. 
 
 (a) A statement that the deponent served '* the ahove named defendant " is not suffi- 
 cient, Armour v. Robertson, 1 Oh. R. 252, or that the person served admitted himself 
 to he the Defendant, Stilson v. Kennedy, 1 Ch. E. '236, The allegations should be 
 explicit, and should show the deponent's means of knowledge, Etiston v. CldsholTn, 
 6 Pr. C. 
 
 (i) See Ord. 620. 
 
AFFIDAVITS OF SERVICE OF BILLS. 223? 
 
 " If you fail to answer or demur within the time above 
 limited, or if you answer admitting the execution Oi 
 the mortgage and other facts stated in the bill as en- 
 titling the plaintiff to a decree, you are to be subject 
 to have a decree or order made against you forthwith 
 thereafter ; and if this notice is served upon you per- 
 sonally, you will not be entitled to any further no- 
 tice of the future proceedings in the cause. 
 
 " Note. — This bill is filed by , of— — ■, in the 
 
 County of , Solicitor for the above nained plain- 
 
 " And take Notice, that the plaintiff claims that 
 there is now due by you for principal money and 
 
 interest the sum of , and that you are liable to be 
 
 charged with this sum, with subsequent interest and 
 costs, in and by the decree to be drawn up; and 
 that in default of payment thereof within six calen- 
 dar months from the time of drawing up the decree, 
 your interest in the property may be foreclosed un- 
 less before the time allowed you, as by this notice for 
 answering, you file in the office above named a me- 
 morandum in writing signed by yourself or your 
 solicitor to the following effect: — "/ dispute the 
 amount clabned by the plaintij^ in this cause," in 
 which case you will be notified of the time fi?;ed for 
 settling the amount due by you at least four days 
 before the time to be so fixed. If you desire a sale 
 of the mortgaged premises instead of a foreclosure, you 
 must, within the time allowed you to answer, file in 
 the office above named a note or memorandum in 
 writing, signed by yourself or your solicitor, to the 
 following efiect : — ("7 desire a sale of the mortgaged 
 premises in the plaintiff's bill mentioned, or a com- 
 petent part thereof, instead of a foreclosure,") and 
 deposit the sum of SSO to meet the expenses of such 
 sale." 
 4. And I FURTHER SAY, that to effect the said service I 
 
 necessarily travelled miles. 
 
 Sworn, &c. 
 
224 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 189, In Chancery. 
 
 Between — A. B Plaintiff, 
 
 Affidavit of ser- 
 vice of a bill for 
 
 saht under or- anc\ 
 
 der 436-the no- ^ ^ "^"^ ^ . , . , 
 
 tice being sche- C. D ", Deienciant. 
 
 clule S, referred 
 to in tbat order. 
 
 I, , of , in the County of , [Sheriff's officer, 
 
 Or as Tnay be] make oath and say : 
 
 1. I did, on the day of , personally serve the 
 
 above named defendant with a paper which pur- 
 ported to be an office-copy of the bill filed in this cause, 
 by delivering to and leaving the said office copy with 
 the said defendant, C. D. (If served otherwise than per- 
 sonally, say, with a grown-up person, [Or as the case 
 
 Tnay be] at the dwelling-house of the said C. D.), at , 
 
 in the County of . 
 
 2. I FURTHER SAY, that the said office copy purported 
 to be authenticated by the signature of the Clerk of 
 Records and Writs of this Court (Or, Deputy Registrar 
 
 at ) at the foot thereof; and that each page of the 
 
 said office copy was stamped with a stamp similar to the 
 one which I now look upon in the margin of this affidavit. 
 
 3. I FURTHER SAY, that upon the said office copy, at 
 the time of the service thereof, there was endorsed the 
 following memorandum : — - 
 
 "^Your answer is to be filed at the office of the 
 Clerk of Records and Writs, at Osgoode Hall, in the 
 
 City of Toronto (Or, Deputy Registrar at ). 
 
 " You are to answer or demur within [four weeks] 
 from the service hereof 
 
 " If you fail to answer or demur within the time 
 above limited, or if you answer admitting the execu- 
 tion of the mortgage and other facts stated in the 
 bill as entitling the plaintiff to a decree, you are to 
 be subject to have a decree or order made against you 
 forthwith thereafter; and if this notice is served 
 upon you personally, you will not be entitled to any 
 further notice of the future proceedings in the 
 cause. 
 
 "Note. — This bill is filed by , of , in 
 
 the County of , Solicitor for the above-named 
 
 plaintiff. 
 
 " And TAKE Notice, that the plaintiff claims that 
 there is now due by you for principal money and in- 
 terest the sum of , and that you are liable to be 
 
 charged with this sum, wich subsequent interest and 
 costs, in and by the decree to be drawn up ; and that 
 in default of payment thereof within six calendar 
 
AFFIDAVITS OF SERVICE OF BILLS. ' 225 
 
 months from the time of drawing up the decree, your 
 interest in the property may be sold, unless before 
 the time allowed you, as by this notice of answering, 
 you file in the oflBce above named a memorandum 
 in writing, signed by yourself or your solicitor, to 
 
 the_ following effect : — " dispute the amount 
 
 claimed by the plaintiff in this cause" in which case 
 you will be notified of the time fixed for settling the 
 amount due by you at least four days before the 
 time to be so fiixed." 
 4. And I further say, that to effect the said service I 
 necessarily travelled miles. 
 
 (Siuom before me at 
 
 < this day of 
 
 ( in the year of our Lord 18 
 
 A Commissioner, &g. 
 
 {Formal parts : as in Form No. 186.) 
 
 I, , of , in the County of [Sheriff's 190. 
 
 officer] (Or as may be), make oath and say : ^/oJi'uf oT 
 
 1. I did on the day of , 18 — , serve corporation. 
 
 the defendants [The Ontario Screw Company, Lim- 
 ited] with a paper which purported to be an office copy 
 of the bill filed in this cause, by delivering to and leaving 
 the said office copy personally with Mr. A. B., the Presi- 
 dent {Or as may be), of the said The Ontario Screw Com- 
 pany, Limited, at the head office {a) of the said Company, 
 
 at the Town of , in the County of . 
 
 {Continue as in Form 186, 188 or 189, according to the 
 circumstances.) 
 
 Service on Solicitor. 
 In Chancery. 
 
 Between — A. B Plaintiff, 
 
 and 
 C. D. and others Defendants. 
 
 I accept service this day of an office copy of the igi. 
 plaintiff's bill of complaint in this cause, duly endorsed ^^^^o,™m 
 with a notice to answer or demur thereto within [four by soucitor. 
 weeks] {Or as may be) from the service thereof, as solicitor —il, j 
 
 (a) See Ord, 91. Where the Company intended to he served is defunct, or has 
 ceased to carry on business, or has no head office, an apf>licatioD should be made in 
 Chambers for an order directing the mode in which service is to be effected. 
 
 15 
 
226 FORMS AND PJIECEDENTS OF 
 
 for the defendants C. D. and G. H. [and I undertake to 
 file an answer or denaurrer to the said bill within four 
 weeks {Or as may be) from this date on behalf of the said 
 defendants C. D. and G. H. (a) ]. 
 
 N Y Z 
 
 f 1 Q r Solicitor for Defendants 
 
 "* ^^~- i C.D.andG. H. 
 
 In Chancery. 
 
 Substitutional Service. 
 
 Between — A. B Plaintiff, 
 
 and 
 C. D Defendant 
 
 bills. 
 
 192. I , of ,in the County of [yeoman] {Or asimay 
 
 ta"S-''" 6e), make oath and say : 
 
 tionai service oi \, That I did, on the day of , 18 — , per- 
 sonally serve [John Brown, Esquire, of- the City of , 
 
 Attorney-at-Law] [Or other person on whom service is 
 directed to he effected), with a paper which purported 
 to be an office copy of the bill filed in this cause, by 
 delivering to and leaving the said office copy with the 
 said [John Brown], at the office of the said John Brown, 
 
 in the said City of , and at the same time and place 
 
 I did also personally serve the said [John Brown] with the 
 order now shown to me, and marked as Exhibit A. (6), by 
 delivering to and leaving with him a true copy of the said 
 order. 
 
 2. I further say, that the said office copy of the said 
 bill purported to be authenticated, &c. {proceed as in 
 Forms 186, 188 or 189, according to the circumstances) 
 
 Service by Mailing. 
 
 193. 
 
 {Formal parts : as in No. 192.) 
 1. That I did on the fifteenth d 
 le Defendant C. D., with a paper 
 an office copy of the bill filed in this cause by mailing the 
 
 Affidavit prov- 1. That I did on the fifteenth day of June, 1874, serve 
 
 inff S6FV1C6 OIiDlll i ' I 
 
 by mauing. the Defendant C. D., with a paper which purported to be 
 
 (a) If this undertaking- be omitted, it will be necessary to give the solicitor the 
 usual two days* notice of motion to take the bill pro confesso in t^e event of no answer 
 or demurrer being filed : Ross v. Hayes, 6 Qrt 277 ; but where the undertaking ia 
 given the service is equivalent to personal service, and on default of answer the bill may 
 be noted pro con, onprcedpe. — Ord. 47. 
 
 (&) The Slxhibit is the order directing the service to be effected in the manner 
 sworn to. 
 
PROCEEDINGS IN CHANCERY — ^BRIEFS. 227 
 
 same, together with a true copy of the order now produced 
 and shown to me marked A. (a), through the General Post 
 Office, in a pre-paid registered letter addressed to the 
 Defendant, C. D., as follows : — 
 " Mr. C. D., 
 
 "Bay City Post Office, 
 " Michigan, 
 " U. S. A." 
 2. I further say, that the said office copy purported to 
 be authenticated, &c. (proceed as in Forms 186, 188, or 
 189, according to the drjjumstances, except that the notice 
 limiting the time to answer should be made to conform 
 to the order authorising the service ; e.g.) 
 
 " You are to answer or demur within ten weeks from 
 the fifteenth day of June, 1874, being the day on which 
 this office copy was mailed to you." 
 
 Service by Publication. 
 
 {Formal parts : as in No. 192. j 
 
 1. A true copy of the advertisement now produced and 194. 
 shown to me, marked as Exhibit A (b), appeared and was pubiSion'of"^ 
 published in each issue of the newspaper, published "^^i^'is™™'- 
 at on the and days of 
 
 2. I have examiaed copies of the said newspaper 
 issued at on each of the said days. 
 
 Sworn, &c. 
 
 CHAPTER IV. 
 
 BRIEFS. 
 
 Forms of Briefs. 
 
 The brief for the plaintiff at the hearing will consist . 195. 
 of a copy of the bill, of each answer, and of all the evi- hSri^g." 
 dence. The brief for each defendant wiU consist of a contents. 
 copy of the bUl, of his own answer only, and of aU the 
 evidence. The brief, in either case, should include copies 
 of exhibits, when material, and of any admissions. Each 
 brief should be accompanied by such observations as may 
 be deemed advisable, and by such copies of, or extracts 
 
 ol The Exhibit is the order authorising the service by mailing. 
 (S) The exhibit is the copy of the order for pnblication, with the notice in Schedule 
 to Ord. 100, as printed in the newspaper. 
 
228 FORMS AND PEECEDENTS OF 
 
 from, other documents as may be necessary, and on the 
 fold of the brief is usually endorsed a list or index of the 
 documents briefed ; according to the following sketch. 
 
 Index. 
 
 In Chancery. 
 
 {Short title of the cause) 
 
 Index. 
 
 196. 1. Amended bill, fo. 1. 
 
 2. Answer of the defendant A. B. to the original biU, 
 fo. 3. 
 
 3. His answer to the amended bill, fo. 5. 
 
 4. Answer of the defendant C D. to the amended bUl, 
 fo. 6. 
 
 5. Admissions between the parties, fo. 7. 
 
 6. Depositions and affidavits filed on the part of the 
 plaintiff, viz. : 
 
 (a) Deposition of E. F., filed , 18—, fo. 8. 
 
 (5) Affidavit of G. H., filed , 18—, fo. 9. 
 
 (c) His cross-examination thereon, fo. 11. 
 
 (c^ Joint affidavit of L. M. and N. O. filed , 18 — , 
 
 fo. 12. 
 
 7. Depositions and affidavits filed on the part of the 
 defendant A. B. 
 
 (e) Deposition {&c., as above). 
 
 8. Affidavit of the defendant C. D., fo. 13. 
 
 9. Observations, fo. 14. 
 The brief should be written on brief paper, in a plain 
 
 legible hand ; the words may be abbreviated, but unusual 
 abbreviations should be avoided. Where the pleadings are 
 printed, the printed copy should be delivered as a brief. 
 
 Form of Brief for Plaintiff. 
 In Chancery. 
 
 (Full style of cause.) 
 Brief for plaintiff. 
 197. Venv^. — Bill filed 12th January, 1875. ) 
 
 ^nlt^Z Amended 20th January, 1875. | 
 
 States (set out bill, omitting style of cause and formal 
 ■parts, and showing various amen,dments either by differ- 
 ent coloured ink or underscoring.) 
 
 Answer of defendant John Jones, sworn 27th February 
 1875, filed 1st March, 1875. 
 
PROCEEDINGS IN CHANCERY — BRIEFS. 229 
 
 States {set out answer of John Jones, commencing at 
 paragraph one.) 
 
 Answer of defendant Wm. Smith, without oath or 
 signature, filed 5th March, 1875. 
 
 States {set out ansiver of Wm. Smith, com/meneing at 
 paragraph one.) 
 
 RepHcation filed 10th March, 1875. {Set out replica- 
 tion, omitting the style of cause.) 
 
 J^Add statement of case if necessary, and statement of 
 evidence for plaintiff, including copies of all depositions, 
 where evidence has been taken, also of such exhibits and 
 admissions as are material and such observations on either 
 law or evidence as may be deemed advisable.) 
 
 Brief tor defend- 
 ant at hearing. 
 
 Form of Brief for Defendant. 
 In Chancery. 
 
 {Full style of cause.) 
 
 Brief for defendant, John Jones. 
 
 Venue. — Bill filed 12th January, 1875. ) 198. 
 
 Amended 20th January, 1875. J 
 
 States {set out bill, commencing at first paragraph, show- 
 ing amendments as above.) 
 
 Answer of defendant John Jones, filed 1st March, 1875. 
 
 States {set out answer as above.) 
 
 Replication filed 10th March, 1875. {Set out replica- 
 tion, omitting style of cause ; add statement of defendant's 
 case, and evidence in support, So., as in brief for plaintiff.) 
 
 The brief is folded lengthwise and endorsed thus : — 199. 
 
 Endorsement on 
 
 In Chancery. brief. 
 
 Brown | g^..^^ ^^ ^j^^ hearing at 
 
 T ^' r Woodstock. 
 
 Jones. ; 
 
 For the plaintifi" 
 
 {Or defendant John Jones.) 
 
 Mr. B., Q. C $100 
 
 Consultation 20 
 
 With you, 
 Mr. C. 
 
 Consultation fixed for , at o'clock. 
 
 The cause is No. 2 on the list. 
 
 Ncmie of solicitor delivering brief at the foot. 
 
230 
 
 FORMS AND PRECEDENTS OF 
 
 Brief on further directions. 
 
 200. [Style of cause in half margin, as it appears in the 
 
 Brief on further Mastcrs' report.) 
 
 toections. g^.^^ ^^^ plaintiff or defcDdant, as mxiy he, on further 
 
 directions. 
 
 By a decree dated 20th May, 1875. 
 It is ordered, or the following accounts and enquiries are 
 directed (copy the ordering part, or so much as relates to 
 the further directions). 
 Master's Report, dated, &c. 
 filed, &c. 
 (Set out body of report ; observations if any) 
 
 CHAPTER V. 
 
 201. 
 
 Prsecipe to set 
 cause down for 
 examination of 
 witnesses and 
 hearing. 
 
 HEARINGS. 
 
 In Chancery. 
 
 (Short style of cause, e. g.) 
 Brown v. Jones. 
 
 Set this cause down for examination of witnesses and 
 hearing at the next sittings of this Court, to be holden at 
 
 [the City of Toronto] on , the day of , 
 
 18—. 
 
 Dated this day of , 18 — . 
 
 A. B., 
 
 Flt.'s Solr. 
 
 To the Clerk of Records and Writs. 
 
 202. 
 
 Notice of ex- 
 amination of 
 witnesses and 
 hearing (a). 
 
 In Chancery. 
 
 [Style of cause, e. g.) 
 
 Between John Brown and others Plaintiffs, 
 
 and 
 William Jones and another.. Defendants. 
 
 Take notice that this cause has been set down for ex- 
 amination of witnesses and hearing at the next sittings of 
 this Court, to be holden at [Osgoode Hall, in the City of 
 
 Toronto] on , the day of , 18 , at 
 
 which time and place the witnesses for all parties must 
 be examined and the cause heard, and unless you then 
 
 (a) Causes must be set down and notice of hearing must be served fourteen clear 
 days before day of hearing. See Ord. 163, Beard v. Gray, 3 Ch. R. 104. 
 
PROCEEDINGS [N CHANCKRY— HliARIXGS. 231 
 
 and there attend, a decree may be pronounced in your ab- 
 sence. 
 
 Dated this day of , 18 — . 
 
 A. B., 
 
 Solicitor for the Plaintiff. 
 To {Defe ml ant's Solicitors.) 
 
 In Chancery. 
 
 (Short style of oiuse as in No. 201.) 
 Set this cause down to be lieard [on bill and answer 203. 
 against the defendant A. B.] [and by way of motion for ^^^6 dowuftr 
 decree against the defendant C. D.] [and pro eou/esso iiearing on wu 
 
 against the defendant E. F.] on Wednesday (b), the Sywaro'motLn 
 
 day of , 18—. ■ ■ 
 
 Dated this day of , 18 — . 
 
 A. B., Plaintiff's Solicitor. 
 To the Clerk of Records and Writs. 
 
 for decree or p-t'O 
 ntl. (a) 
 
 con. 
 
 In Chancery. 
 
 Between — John Brown and others Plaintiffs, 
 
 and 
 William Jones and others. . .Defendants. 
 
 Take notice, that this cause has been set down to be 204. 
 heard at Osgoode HaU, in the City of Toronto, on Wednes- Sgon wuS 
 day (&),the day of ,18 — ,at ten o'clock in the fore- *""'*'%'■■ °\^y 
 
 1.11 1 . , T f 1 ^^'^5' °^ motion 
 
 noon, on bill and answer,as against the defendant A. B.,and for decree or pro 
 by way of motion for decree against the defendant G. D., ''"^ 
 and pro confesso against the defendant W. J., when all 
 parties are to attend, and unless you then and there at- 
 tend, a decree may be pronounced in your absence ; and 
 take notice, that in support of such motion will be read the 
 plaintiff's bill, the answers of the defendants, or so much 
 thereof as the plaintiff may be advised, and the affidavits 
 of X. Y. Z. and W. this day filed, and the exhibits therein 
 referred to. 
 
 Dated this day of , 18 — . 
 
 A. B., Pliiiidiff's Solicitor* 
 
 To Messrs. B. & C, Solicitors for the defendant A. B. 
 and J. S., Esq., Solicitor for the defendant C. D. 
 
 (a) See Ord. US. Cause must be set down and notice served seven days before 
 day of hearing, Semble these should be clear days ; Beard v. Oraij, .•iHpr<f. 
 (6) See Ord. 593. 
 
232 
 
 FORMS AND PRECEDENTS (JF 
 
 205. 
 
 Notice of 
 motion for de- 
 cree. Another 
 onn. 
 
 In Chancery. 
 
 {Style of cause as in No. 204). 
 
 Take notice, that this Honourable Court will be moved at 
 
 Osgoode HaU, in the City of Toronto, on , the day 
 
 of , at ten of the clock in the forenoon.or so soon after 
 
 as Counsel can be heard on behalf of the plaintiff for a de- 
 cree or decretal order, in accordance with the prayer of the 
 plaintiff's bill ; or, that such other decree or order may 
 be made as to this Honourable Court shall seem meet. 
 And take notice, that in support of such motion will be 
 read the plaintiff's bill, the answer of the said defendant, 
 or such parts thereof as the plaintiff shall be advised to 
 read ; and the affidavits mentioned below, this day filed, 
 and the exhibits therein referred to. 
 
 Dated this day of , 18 — . 
 
 , Plaintiff's Solicitor. 
 
 To , Defendant's Solicitor. 
 
 The following affidavits wiU be read : 
 Affidavit of 
 Affidavit of 
 
 206. 
 
 Certificate of 
 Counsel to ^e 
 endorsed on 
 praecipe to set 
 down a cause 
 in the month of 
 June under Ord. 
 420. 
 
 In Chancery. 
 
 {Short title.) 
 I certify that no point is involved in this cause, on 
 which it may be necessary for the Court to reserve judg- 
 ment. 
 
 A.B., 
 {Of Counsel for Plaintiff) 
 
 In Chancery. 
 
 {Short title.) 
 We consent to this cause being set down to be heard by 
 McroTmSim ^ay of motion for a decree in this cause, notwithstanding 
 served, Morf* *^^ *™^ aUowcd to answer the plaintiff's bill has not ex- 
 pired. 
 
 Dated this day of , 18 — . 
 
 (Signed) C. D., Solicitor for defendant E. F. 
 (Signed) G. H., Solicitor for all the other defendants. 
 
 207 
 
 Consent to no- 
 
 time to answer 
 has expired. 
 
 208. 
 
 {Formal parts : see post, No. 384.) 
 
 f^f^heTttoe on the part of the plaintiff, that the'time within which he 
 moStote!"' "i^y ^^^^^ ^^^^'^^ of motion for a decree or decretal order 
 cree, or to file {Ij SO : Or file replication, or set down this cause to be 
 heard on biU and answer, or obtain :.nd serve an order 
 
 repheation, &c. 
 
PROCEEDINGS IN CHANCERY — HEARINGS. 233 
 
 for leave to amend the bill), may be enlarged to the 
 of , 18 — ; and that the costs of this applica- 
 tion may be costs in the cause. And take notice (as in 
 No. 382.) 
 
 {Formal parts : see post, No. 384.) 
 on the part of the plaintiff, that he may be at liberty to 209. 
 read and use, in support of his motion for a decree, the by ' pMnUff'te 
 
 affidavit of W. D., filed [Or, sworn] the of , i«a™ t? use 
 
 18 — , as if the said affidavit had been included in the list after notice ot 
 of affidavits set forth at the foot of the notice of such °'°"™ '^"'"^■ 
 motion which has been served [Or as may be]. And take 
 notice {as in No. 382.) 
 
 {Formal parts : see post, No. 384.) 
 on the part of the defendant A. B., that the time limited by 210. 
 the Consolidated Orders for the applicant to file affidavits g?'£^'t?gi'r 
 in answer to the plaintiff's motion for a decree, may be afflda^its m an- 
 
 (further) enlarged to the day of , 18 — , and uon for decree. 
 
 that the costs of this application may be costs in the 
 cause. And take notice {as in No. 382.) 
 
 In Chancery. 
 
 {Short style of cause, see ante No. 181.) 
 Take notice, that I have this day filled on behalf of the 211. 
 defendant A- B., affidavits of the following persons in de°fendaiit\iffl-^ 
 answer to the plaintiff's motion for a decree, namely : C. ^^^n™,^ 
 D., E. F., G. H., (&c. — If so : and that the said defen- answer.) 
 dant also intends to read, on the said motion, his answer 
 
 filed the of , 18 — , and the answer of the 
 
 defendant W. D. filed the of , 18— [Or as 
 
 may he\ to the plaintiff's bill. 
 
 {Formal farts : see No. 384.) 
 on the part of the defendant A B., that notwithstanding 212. 
 the time limited for filing affidavits in answer to the plain- tion'°by dTend- 
 tiff's motion for a decree has expired, the applicant may ^J-^Jil^™,'" 
 be at liberty to read and use, in answer to the said mo- ^^^*Jj\^/"" 
 
 tion, the affidavit of C. D., filed the of , motion. 
 
 18 — {Or as mm) be), in addition to the affidavits ah-eady 
 filed by the said defendant — If the tvme allowed has ex- 
 
234 
 
 FORMS AND PRECEDENTS OF 
 
 fired, add : and that the plaintiff may have days 
 
 to file an affidavit or affidavits in reply. And take notice 
 {as i/n No. 382.) 
 
 213. 
 
 Notice of mo- 
 tion, for time to 
 file af&davits in 
 reply (a). 
 
 {Formal parts : see No. 384.) 
 
 on the part of the plaintiff, that the time limited by the 
 order made herein, and dated, &c., for the applicant to file 
 affidavits in reply to the affidavits filed by the defendants 
 {If not all, name the particular defendants), in answer to 
 the plaintiff's motion for a decree, may be (further) ex- 
 tended to the day of , 18 — ; and that the 
 
 costs of this application may be costs in the cause. And 
 take notice {as in No. 382.) 
 
 214. 
 
 Notice of filing 
 affidavits in 
 reply. 
 
 215. 
 
 Notice of mo- 
 tion, to use 
 additional affi- 
 davit in reply. 
 
 {Formal parts : see ante. No. 181.) 
 
 Take notice, that I have this day filed, on behalf of the 
 plaintiff, the affidavits of A. B., C. D., So., in reply to the 
 affidavits filed in answer to the plaintiff's motion for a 
 decree. 
 
 {Formal parts : see No. 384.) 
 
 on the part of the plaintiff, that notwithstanding the 
 time limited for filing affidavits in reply has expired, he 
 may be at liberty to read and use, in support of his mo- 
 tion for a decree, the affidavit of E. F., filed {Or, sworn) 
 
 the of , 18 — , in addition to the affidavits 
 
 in reply already filed by the plaintiff {Or as may be). And 
 take notice {as i/n No. 382.) 
 
 216. 
 
 Notice of mo- 
 tion, for 'enlarge- 
 ment of time to 
 file replication. 
 
 {Formal parts, as in No. 884.) 
 
 on the part of the plaintiff, that the time within which 
 he may file replication, or serve notice of motion for a 
 decree or decretal order, or set down this cause to be 
 heard on bill and answer, or obtain and serve an order for 
 
 leave to amend the bill, may be enlarged to the 
 
 of , 18 — ; and that the costs of this application 
 
 may be costs in the cause. And take notice (as in No. 
 382). 
 
 (a) See Old. 271, 
 
PROCEEDINGS IN CHANCERY — HEARINGS. 235' 
 
 In Chancery. 
 
 {Short style of cause, as in No. -01.) 217. 
 Set this cause down to be heard on Wednesday (a), the ^^S^o™ for 
 day of , 18 — , on further directions (and as hearing on tur- 
 
 toi. r ."i ^ , \ ^ ther directions 
 
 the matter 01 costs). ana costs (6). 
 
 A. B., 
 
 Dated this, &c. Plaintiff's Solicitor. 
 
 To the Clerk of Records and Writs. 
 
 In Chancery. 
 
 (Style of cause as in No. 204.) 
 
 Take notice, that this cause has been set down to be Notice of hearing 
 heard on further directions {and as to the matter of costs) ^ectbn" (t). 
 
 on Wednesday (a), the day of , 18 — , at 
 
 Osgoode Hali, and unless you attend at the time and place 
 appointed, a decree maj- be pronounced in your absence. 
 
 A. B., 
 Dated this &c. Plaintiff's Solicitor. 
 
 To Defendant's Solicitor. 
 
 Appeals and Rehearings. 
 
 {Shoii, style of cause as in No. 201.) 219. 
 
 Set this cause down to be heard by way of appeal from ^g" do™ by 
 
 the Report of the Master of this Court, (at ,) dated ^^^"mE^s 
 
 the day of , 18 — , on Thursday (a), the report. 
 
 day of , 18—. 
 
 A. B., . 
 Dated, &c. Plaintifi's SoKcitor, 
 
 {Or party appealing.) 
 To the Clerk of Records and Writs. 
 
 {Style of cause as in No. 204, ante.) 
 Take notice, that this Honourable Court will be moved ^oticf ?f*h'ear- 
 
 on Thursday (a), the day of , 18 — , at ten mg of appeal 
 
 o'clock in the forenoon, or so soon thereafter as Counsel report (b). 
 can be heard by way of a])peal from the Report of the 
 
 Master of this Court, (at ,) made in this cause on 
 
 the day of , 18 — , for the following amongst 
 
 other reasons : 
 
 (a) See Ord. 693. 
 
 (b) See Ord. 418. — Cause must be set down and notice served seven days before 
 day of hearing. Semble, these should be clear days. See Beard v. Gray, 3 Oh. E_104.. 
 
•236 
 
 FORMS AND PEKCEDENTS OF 
 
 1. Because the said Master, in and by his said Report, 
 has, &c. Whereas, &c. 
 
 2. And because the said Master, &c. (stating clearly and 
 concisely the several grounds of appeal.) 
 
 And take notice, that upon and in support of such 
 motion will be read the pleadings, decree. Master's re- 
 ports, and the affidavits, depositions and other proceedings 
 tiled and taken in the office of the said Master, upon the 
 reference to him in this cause. 
 
 Yours, &c., A. B., 
 
 Solicitor for Plaintiffs, 
 .Dated, «Sz;c. (Or other party appealing.) 
 
 To 
 
 221. 
 
 ■.Prsecipe to set 
 
 down appeal 
 
 from order of 
 
 the Keferee in 
 
 Chambers, (a) 
 
 or from order 
 - bt local Master, 
 
 made under 
 
 Ord. 36, or under j„i„J j.1,„ 
 
 the Act for aatea ine 
 
 Quieting Titles. 
 
 {Short style of cause as in No. 201.) 
 Set this cause down to be heard before the presiding 
 
 Judge in Chambers, on Monday (6), the day of , 
 
 18 — , by way of appeal from the order of the [Referee 
 in Chambers, Or Referee of Titles, Or Master of this 
 
 Court at Or Referee of Titles at ], 
 
 -day of ,18—. 
 
 Dated, ^c. A. B., 
 
 Solicitor for {party appealvng). 
 To the Clerk of Records and Writs. 
 
 in Chambers, or 
 local Master, 
 &c. (o) 
 
 '{Style of cause, as in No. 202.) 
 222. Take notice, that this cause has been set down to be heard 
 
 Notice of hearing before the presiding Judge in Chambers, on Monday, the 
 
 of SiDP63>I irom 1. cj <j ' V ' 
 
 order of Referee day of , 18 — , at eleven o'clock in the forenoon, 
 
 or so soon thereafter as Counsel can be heard, by way of 
 appeal from the order of the [Referee in Chambers, Or 
 
 Referee of Titles, Or Master of this Court at , Or 
 
 Referee of Titles at ], dated the day of 
 
 , 18—. 
 
 Dated, &e. A, B., 
 
 Solicitor for { 'party appealing). 
 To {Respondent or his Solicitor). 
 
 (a) Appeals from orders of the "Referee in Chambers are to be made within fourteen 
 days. The appeal must be brought on to be heard, aa well as set down, within the four- 
 teen days : Jackson v. Qwrdmer, 2 Oh. R. 285. An appeal will not lie until the order 
 appealed from is signed and entered : ffi&6 v. Mwphy, 2 Ch, R. 132 ; except by leave of a 
 Judge. 
 
 (!>) See Ord. 590. Appeals from the Referee in Chambers, or from a local Master 
 when acting under Ord. 36, or under the Quieting Titles Act, are to be heard in 
 Chambers, and are to be set down on or before the Saturday preceding the hearing of 
 the appeal. — Ord. 591. 
 
 (c) Seven clear days' notice must be served of all appeals under the Quieting Titles 
 Act, and two clear days' notice of other appeals from the Referee in Chambers.— -Ord. 
 £91. 
 
PROCEEDINGS IN CHANCERY — HEARINGS. 237" 
 
 {Hhort style of cause as in Ifo. 201.) 
 
 Set this cause down for the next sittings of this Honour- 223. 
 able Court, to be held for the re-hearing of causes on oSo™ ^V 
 
 , the day of , 18—, in order that '«■"<=«>•">§: («)- 
 
 the order (Or Decree Or Decretal Order) made herein by 
 the Honourable the Chancellor {Or the "Vice-Chancellor B.), 
 dated on the day of , 18 — , may be re-heard'. 
 
 Dated, <&c. A. B. 
 
 Plaintiff's Solicitor. 
 
 To the Clerk of Records and Writs. 
 
 (Style of cause as in No. 202). 
 
 Take notice, that this cause has been set down for re- . 224. 
 hearing at the next sittings of this Honourable Court, for hearing^'tT 
 the re-hearing of causes, to be holden at Osgoode Hall, in 
 
 the City of Toronto, on , the day of ■ , 18 — , 
 
 in order that the Order (Or Decree Or Decretal Order) 
 made by the Honourable the Chancellor (Or the Vice- 
 Chancellor P.) may be discharged or varied (If a variation 
 in part only is sought, add) in the following particulars, 
 that is to say (stating shortly, variation sought) (c) ; and 
 unless you attend at the time and place appointed, a 
 decree may be pronounced in your absence. 
 
 Dated, &c. A. B., 
 
 Plfs (or Deft.'s) Solicitor. 
 
 To 
 
 In Chancery. 
 
 {Short style of cause.) 
 
 We request and consent that this cause, which is set 225. 
 down to be heard, be not placed in the paper of causes for hiring o?*^ 
 
 hearing until the— —day of , 18— ; and that it be ^f^^Tl 
 
 marked in the Registrar's book of causes as standing over 
 to that day. 
 
 Dated, de. (Signatures of Solicitors.) 
 
 To the Registrar of the Court of Chancery. 
 
 (a) The certificate of the Accountant must be produced of the payment into Court ol 
 the deposit of $40 required under Ord. 326. Rehearing of decrees or decretal orders 
 are to be within six months after the decree or order has been passed and entered. — 
 Ord. 324. And applications to re-hear orders made in Court, not being decrees or 
 decretal orders, must be within four months of passing and entering. — /7>. But further 
 time may be allowed on special application. 
 
 (&) The cause must be set down, and notice of hearing served seven days before 
 day of hearing.— Ord. 418. Semble, these should be clear days. Beard v. Ora/y, 3 Ch. 
 R. 104. 
 
 (c) Ord. 327. 
 
238 
 
 FORMS AND PRECEDENTS OF 
 
 Exhibits produced at hearing. 
 
 226. 
 
 .Mode of marking 
 Exhibits pro 
 
 In Chancery. 
 
 .x„.o..pro- {Short Style of oause^ 
 
 duccdat hearing This Exhibit (^the property ot 
 
 -) is produced by 
 
 the ^aintifF (Or defendant C, as the case may be), this 
 
 day of , 187 — . 
 
 ^ A. B., 
 
 Registrar or Deputy Registrar. 
 
 227. In Chancery, 
 scheduie of Ex- (Short Style of cuuse.) 
 
 hibita produced ^^^.'/oj/' " « ^7 ■^ . . ■' . .^j. . i <• j ■ 
 
 at hearing where Schedule of Exhibits put in by plaintm (or deienaant 
 i^yWii)."" C. D.), at the hearing of this cause at , on the 
 
 day of , 18 — • , t , -r 
 
 1. Deed dated 5th January, 1864, John Jones and 
 
 Wife to William Brown. 
 
 2. Letter dated 8th March, 1870, from William Brown 
 to John Jones. 
 
 3. Telegram dated 15th April, 1872, William Brown to 
 Alfred Smith. 
 
 CHA.PTER VI. 
 
 EVIDENCE. 
 
 228. 
 
 Admission by 
 agreement. 
 
 Section I. — Ad/missions. 
 In Chancery. 
 
 {Shortened style of cause.) 
 
 Admissions on the part of the plaintiff and defendant. 
 
 It is hereby agreed, on behalf of the plaintiff and de- 
 fendant respectively, to make the following admissions ; 
 and that these admissions, and the documents mentioned 
 or referred to therein, j,may be used and read in evidence 
 upon the hearing of this cause, and for all the purposes 
 thereof; save and except all just causes of exception to 
 the admissibility of the same as evidence ; that is to 
 say:— 
 
 (a) Ord. 177. ' , . 
 
 (ill Ord., 179. This Schedule must be m duphcate, one copy of which is signed by 
 Begistrax or Deputy Kfigistrar, and is retained by the Solicitor, and the other is retained 
 in Court. When Exhibits are put in by several parties to the suit, each parly must 
 schedule his own Exhibits. 
 
PROCEEDINGS IN CHANCERY^EVtDENCE. 239 
 
 1. That the several deeds specified in the first schedule 
 hereto, and identified by our respective initials thereon, 
 are the deeds of the like respective dates mentioned in 
 the pleadings of this cause ; and that the said deeds were 
 respectively executed as they respectively purport to have 
 been. 
 
 2. That the several letters specified in the first part of 
 the second schedule hereto, and identified by our respec- 
 tive initials thereon, were respectively signed as they 
 purport to have been ; and were received, in due course, 
 by the respective persons to whom such letters respec- 
 tively purport to be addressed, with the enclosures in 
 such letters referred to, from the persons by whom such 
 letters respectively purport to have been written. 
 
 3. That the paper writing marked A., identified by our 
 respective signatures at the foot thereof, contains true 
 copies of the several letters specified in the second part of 
 the second schedule hereto ; and that the originals of such 
 letters respectively were duly signed as they purport to 
 have been, and were received in due course {Continue as 
 in par. 2, to the end). 
 
 4. That the copies of letters contained in the said paper 
 writing marked A., or any of them, may be read in evi- 
 dence as primary and the best evidence, and not as 
 secondary evidence, and shall have the same force as if 
 they were the originals of such letters ; and that the said 
 original letters shall not be required to be produced, or any 
 evidence required as to the same, or of the proper custodj- 
 thereo:^ or as to the non-production thereof 
 
 5. That A-B., in the bill named, died on the of , 
 
 18 — , intestate, and without having been married. 
 
 6. That the defendant C. D. is the eldest son and heir 
 at law of E. R, in the said bill named. 
 
 7. That the defendant C. D. is the heir of the said E. F., 
 We also undertake to produce, for the purposes afore- 
 said, or any of them, on the hearing of this cause, and 
 otherwise as occasion may require, such of the documents 
 specified in the schedules hereto as are in our possession 
 respectively. 
 
 Dated this day of , 18 — . 
 
 T. B., plaintiffs solicitor [Or, agent.] 
 J. F., defendant's solicitor [Or, agent]. 
 
240 
 
 FORMS AND PRECEDENTS OF 
 
 THE FIRST SCHEDULE ABOVE REFERRED TO. 
 
 Deeds. 
 
 Serial 
 Number. 
 
 Dates. 
 
 Description. 
 
 Parties. 
 
 1 
 
 2 
 
 1854. January 1 
 1861. December 31 
 
 Lease . . . 
 Conveyance 
 
 A. B. one part, and 
 C. D. other part. 
 
 B. F. first part, G. H. 
 second part, and J . 
 L. third part. 
 
 THE SECOND SCHEDULE ABOVE REFERRED TO. 
 
 Letters. 
 
 Serial 
 Number. 
 
 Dates. 
 
 By whom written. 
 
 To whom sent. 
 
 
 
 Fvrst paH. 
 
 
 3 
 
 4 
 
 1863. April 1 . . 
 " May 10 . . 
 
 Defendant . . . 
 
 .J. F., defendant's ) 
 
 solicitor . . . j 
 
 Second pari. 
 
 Plaintiff. 
 T. B., plaintiffs 
 solicitor. 
 
 5 
 6 
 
 1863. April 12. . 
 " May 18 . . 
 
 L. M 
 
 P. B 
 
 N. 0. 
 S. T. 
 
 229. In Chancery, 
 
 Another f orml of 
 admissions. 
 
 {Shortened style of cause.) 
 
 We the undersigned, solicitors for the plaintiff and de- 
 fendants respectively, hereby agree to admit upon the 
 hearing of this cause, and for all the other purposes of 
 this suit, that such of the documents mentioned in the 
 schedule hereto as are therein specified to be originals were 
 respectively written, signed or executed as they purport 
 respectively to have been ; that such of the said documents 
 as are therein specified as copies are true copies ; and that 
 such of the said documents as are therein stated to have 
 been served, sent or delivered were so served, sent or de- 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 241 
 
 liyered respectively : saving all just exceptions to the ad- 
 missibility of all such documents as evidence in this suit. 
 
 (Dated and signed as in last Form.) 
 
 {For form of Schedule, see ante, No. 228, distinguishing 
 which docwments are original and which copies.) 
 
 Section II. — Docwmentary evidence which proves itself 
 
 Dominion of Canada. 
 
 Province of Ontario, ) I, , of the City of Toronto .230. 
 
 To Wit : J [Registrar of the Court of Chan- Fjing^extract"" 
 
 eery, for Ontario, formerly Upper Canada], do hereby recOTd, fta,"" 
 certify that the annexed [copy of decree is] truly taken ™'*"''''- ^^ °- ^ 
 from the Records of [said Court in the cause therein '°' 
 pending wherein A. B. is plaintiff and C. D. is defen- 
 dant], and that the same [is a true copy] of the [decree 
 made] in said [cause] bearing date, &c., as compared with 
 the Records in the Books of my office as such [Registrar], 
 and that I am the officer of said [Court] having the legal 
 custody of said Records. 
 
 In witness whereof I have hereunto set my hand and 
 
 the seal of the said Court this — day of , A,D. 18 — . 
 
 , Registrar. 
 
 In Chancery. 
 
 (Shortened style of cause.) 
 Take notice that the plaintiff (Or, defendant) intends to 231. 
 
 T T 1 ^^ ^ ' fl n • t.tit Notice of intefli- 
 
 read and use at the hearing or tms cause, and in all subse- tion to use pro- 
 quent proceedings therein, all or any of the affidavits filed anotiref Su 
 
 cause s 
 
 or to be filed, and depositions or cross-examinations, if any, ^Sriu°^fa) "'^ 
 taken, or to be taken, in a cause wherein the W. & C. of 
 M. are plaintiffs, and the above named defendant is defen- 
 dant, as if the same had been filed or taken in this cause : 
 saving all just exceptions to the admissibility of the whole 
 or any of such affidavits, depositions or cross-examinations, 
 if any, as evidence at the hearing of this cause, and the 
 subsequent proceedings therein. 
 
 Dated, &c. Yours, &c., 
 
 A. B., 
 To Solicitor, 
 
 (a) See Ord. 175.— Where it is intended to read the pleadings in another suit, it 
 would appear that an order must still be first obtained. 
 
 16 
 
242 FORMS AND PEECEDENTS OF 
 
 Notic?fniten {Formal parts : as in No. 231.) 
 
 tion to use" ^ ' That the plaintiif (Or defendant) intends at the hearing 
 i*e^?nM of (Or other proceeding at which the evidence is required to 
 original will raj. jg adduced) of this cause, to give in evidence as proof of 
 the devise of the lands and premises in question in this 
 cause (or other testamentary disposition) by A. B. (the tes- 
 tator), to C. D., the probate of the will of the said A.B. (Or, 
 the letters of administration with the will of the said A. B. 
 annexed), or a copy thereof stamped with the seal of the 
 
 Surrogate Court of the county [Or united counties] of . 
 
 Dated, &c. Yours, &c.. 
 
 To C. D., A. B., 
 
 , Solicitor. Solicitor. 
 
 233. (Formal parts : as in Ifo. 231.) 
 
 ?roduotio™o7 That defendant (Or plaintiff) disputes the vaHdity_ of 
 
 original will (6). ^jjg alleged devise of the lands and premises in question 
 
 in this (Or other alleged testamentary disposition) by 
 
 A. B. (the alleged testator), to C. D., referred to in your 
 
 notice to me dated the day of , 18 — . 
 
 Dated, &c. (Conclude as in Form, No. 231.) 
 
 certified copy (c). 
 
 234. (Formal parts : as in No. 231.) 
 
 Sn to proveT That the plaintiff (Or defendant) intends, at the hearing 
 itnimcirtb™' ('^'' other proceeding of which the evidence is required) of 
 production of a this cause, to givc in evidence as proof of the deed of con- 
 veyance of the lands in question in this cause from A. B. 
 
 and C. D. to W. J., dated the day of , 18 — , 
 
 and also of an agreement between W. J. and E. F. relating 
 
 to the said lands, dated the day of , 18 — , 
 
 copies of the said deed and agreement, certified by the 
 Registrar of the coimty (Or united counties, or as may be) 
 
 of , under his hand and seal of office. 
 
 Dated, &c. Yours, &c.. 
 
 To C. D., Esq., A. B., 
 
 Solicitor. Solicitor. 
 
 235. (Formal pcurts : as in No. 231.) 
 productionT''^ That defendant (Or plaintiff) disputes the validity of 
 ffllSKd)!"^*"^"' ^^^ alleged conveyance of the lands in question in this 
 cause from A. B. and C. D. to W. J., dated the day 
 
 (a) This notice must be served ten daj's before the hearing. C. S. U. C. cap. 16, s. 51, 
 Semhle, they should be cteir days ; Beard v. Gray, 3 Ch. R. 104. As to effect of notice, 
 see Barracltmgh v. Greenhmtgh, 2 L. R. Q. B. 612. 
 
 (&) This notice must be served within four days after receipt of notice No. 232. C. S . 
 U. C. cap. 16, 8. 61. 
 
 (c) See 31 Vic. cap. 20, s. 61 (O). This notice must be served at least ten days before 
 day of hearing. Seiiible, these should be clear days : see Beard v. Gray, 3 Ch. R. 104 
 
 (d) This notice must be -.■•vi^ within tnnr a ^^h after the reneint of notice No. 234. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 243 
 
 of , 18 — , and the alleged agreement between 
 
 W. J. and E. F. relating to the said lands, dated the 
 
 day of , 18—. 
 
 Dated, &c. Yours, &c.. 
 
 To A. B., Esq., C. D., 
 
 Solicitor. Solicitor. 
 
 {Formal parts : as in No. 300.) 
 
 1. The replication has been filed herein, and this cause 236. 
 is now at issue, and the same has been set down for hearing ^S^aolTfor 
 at the next sittings of this Court to be holden at , ""ler 'or sub- 
 
 ,1 :\ r pcena to County 
 
 on tne day OI . Registrar to pro- 
 
 2. It is material and necessary for me (Or the applicant) ^tlZenff"'^ 
 to give in evidence at the hearing of this cause, a certain «n^^^^l7}n\' 
 
 will of A. B., dated the day of , 18— ^Qr '"""^^ 
 
 other instrument of which the production is sought), that 
 
 the said will is now filed of record in the Registry Oflice 
 of the County of . 
 
 3. [If notice of intention to prove same by means of a 
 certified copy according to Form No. 234 has been served, 
 that fact should he stcded also, that the opposite party has 
 served notice to effect of Form, No. 235, if such is the case ; 
 or state reasons why a certified copy of the original in- 
 strument sought to be produced would not be sufficient 
 evidence ; e. g. :] 
 
 4. The {defendant) disputes the validity of the said will, 
 and alleges in his answer that the same is a forgery. 
 
 {Formal parts : as in No. 300.) 
 
 1. The biU of complaint in this cause has been duly 237. 
 served on the defendants, and they have been noted in a°°"»«'' 'o™- 
 default for want of answer {Or, an order pro confesso has 
 
 bees obtained against them ; Or, they on the day 
 
 of filed their answers thereto.) 
 
 2. An appointment has been obtained for the examina- 
 tion of the said defendants before , Esq., (Master of 
 
 this Court at , Or a Special Examiner of this Court 
 
 at , on the day of , pursuant to the pro- 
 visions of the Consolidated General Orders in that behalf. 
 
 3. Upon such examination it is material and necessary 
 for the plaintifi" to be able to produce to the said de- 
 fendants a certain will of A. B. {proceed as in the preced- 
 ing form.) 
 
244 FORMS AND PRECEDENTS OF 
 
 238. {Formal parts as : m I^os. 338-9.) 
 
 ^na toL'ue'to It is Ordered, that a writ of subpcBna, ad testificandum, 
 S faf foSiM ^* duces tecum, do issue out of and under the seal of this 
 
 original iBstru- Court, directed to the Registrar of the County of , 
 
 "'™'' requiring him to attend before (at the hearing of 
 
 this cause at the next sittings of this Court to be holden 
 
 at , Or as the case may require), and produce (the 
 
 original will of A. B., dated the day of ), now- 
 filed of record in his office {Or other instrument required 
 to be prodAiced.) 
 
 {See Form, post No. 250.) 
 239. The officer issuing the subpoena m,ust note in the mar- 
 
 couS?y E*e^8- gin thereof, " Issued pursuant to order made in Chambers, 
 
 ♦■^^ dated day of . 
 
 "A.H., 
 
 Clerk of Record and Writs'' 
 
 Section III. — Documentary evidence which does not 
 prove itself. 
 240, In Chancery. 
 dotimente^'re"" Between— A. B. [and another] Plaintiffs, 
 
 f erred to iu and 
 
 Schedule i. men? C. D. [and othors] Defendants. 
 
 tioned in that 
 order. 
 
 Take notice, that the plaintiff {Or defendant) proposes 
 to adduce in evidence the documents hereunder specified, 
 and that the same may be inspected by the defendant {Or 
 
 plaintiff), his solicitor or agent, at , &c., on , 
 
 &c., between the hours of , &c. ; and the defendant 
 
 {Or plaintiff) is hereby required, within four days from the 
 said day inclusive, to admit that such of the said docu- 
 ments as are specified to be originals were respectively 
 written, signed or executed, as they purport respectively 
 to have been ; that such as are specified as copies are true 
 copies ; and that such documents as are stated to have 
 been served, sent or delivered, were so served, sent or de- 
 livered respectively; saving all just exceptions to the ad- 
 mitting of such documents as evidence in this cause. 
 
 Dated this — — = — day of , 18 — . 
 
 Yours &c. 
 To S, , &c. 
 
 &c., &c., . 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 
 
 Here describe the documents : the description may be as 
 follows : — 
 
 ORIGINALS. 
 
 245 
 
 Serial 
 Number. 
 
 Description of the Documents. 
 
 Dates. 
 
 1 
 2 
 
 Deed of Covenant between A. B. & 
 C. D., first part, and B. F., 2nd 
 part 
 
 Indenture of Lease from A. B. to 
 CD 
 
 1st January, 1848. 
 
 1st February, 1848. 
 
 2nd February, 1848. 
 1st March, 1848. 
 3rd Decemb»r, 1848. 
 
 1st May, 1840. 
 
 3 
 
 4 
 5 
 6 
 
 Indenture of Release between A. B. 
 & C. D., lat part, &c. . . . 
 
 Letter from defendant to plaintiff . 
 
 Policy of Insurance on goods . . 
 
 Bill of Exchange for $1000 at 3 
 months, drawn by A. B. on and 
 accepted by C. D., endorsed by 
 E. P. andG.H 
 
 COPIES. 
 
 Serial 
 Number. 
 
 Description of 
 Documents. 
 
 Dates. 
 
 Original or Du- 
 plicate served, 
 sent or delivered, 
 when, how, and 
 by whom. 
 
 7 
 8 
 
 Begister of bap- 
 tism of A. B., 
 in the parish 
 ofX. . . . 
 
 Letter from 
 plaintiff to de- 
 fendant. . 
 
 1st January, 1808 . 
 lat February, 1848. 
 
 Sent by General 
 Post, 2nd Feb- 
 ruary, 1848. 
 
 I hereby make the admissions required to be made by . ^^^J*^- 
 the ■within notice {If part only of the docwments are thereupon. 
 ad/tnitted, qualify the admission ; as thus : so far as relates 
 to the documents distinguished therein by the numbers 
 1, 2, 3, <fee. ; and I decline to make any other of the ad- 
 missions required by the said notice). Dated this 
 
 day of — , 18 — . 
 
 E. F., solicitor [Or, agent] for the 
 defendant [Or as may he]. 
 
246 FORMS AND PRECEDENTS OF 
 
 242. (Formal fai ts : tee post, No. 300.) 
 
 i^lefoffte 1. On the day of , 18—, I served Mr. E. 
 
 notice, and of p ^jjg solicitor \0r, affentl in this cause for the defendant 
 
 leiusal to aomit. ' l ^ o _j . , i j i 
 
 A. B. [Or as may he\ with the notice in writing dated 
 the of , 18 — , to admit documents now pro- 
 duced and shown to me, and marked A., and addressed 
 to {State whom), by delivering a true copy of the said no- 
 tice to, and leaving the same with — If personally, say : 
 the said E. F. at {state where) — Or, if not psrsonally, say : 
 the clerk [Or servant — or as may 6e] of the said E. F., 
 at his office [Or, address for service] situate at {State 
 where). 
 
 2. The said E. F. inspected the documents specified in 
 the said notice, at the time and place mentioned in such 
 notice [Or, the said E. F. has inspected the documents 
 specified in the said notice since the aforesaid service 
 thereof — Or, the said E. F. has not nor has the said defend- 
 ant {Or as may be), or any other person on his behalf, 
 inspected the documents specified in the said notice or 
 any of them since the aforesaid service of the said 
 notice]. 
 
 3. The said defendant {Or as may be) and his solicitor 
 (and agent) in this cause, have refused or neglected to 
 admit the said documents, or any of them, as required 
 by the said notice ; and no admission of the said do- 
 cuments or any of them hath in fact been made by the 
 said defendant [Or as may 6e], or by any person on his 
 behalf. 
 
 Show means of knowledge. 
 
 243. {Formal parts : see ante. No. 240.) 
 
 duce*dooument8. Take notice, that you are hereby required to produce to 
 the Court, at the hearing of this cause [Or as may be], 
 the following documents, that is to say : {Describe the 
 doewments : For forms of description, see ante. No. 240, 
 and, if necessary, add : and all other deeds, documents, 
 letters, books, papers and writings whatsoever containing 
 any entry, memorandum, or minute, or other matter, in 
 any wise relating to the matters in question in this 
 cause.) 
 
 244. The sam^ as ante, No. 242, to the end of par. 1 ; but 
 
 s'^oeaereof. substituU «produce"/or "admit." 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 247 
 
 {Fotynal parts : see post. No. 300.) 
 
 1. I saw (Describe the party; as Ihxis : the plaintiff A. 245. 
 B.— Or, the defendant C. D.— Or, E. F., the testator in Affidavitof' ««- 
 
 ■LIT f ^ • 1 iN« cution of a deed, 
 
 the pleadings oi this cause named — or as may be) sign, and proraig 
 seal, and as his act and deed deliver the indenture [Or, deed other™'ou? ° 
 
 poll], dated the day ot , 18—, and marked '"^''*^- 
 
 A., now produced and shown to me, and purporting to 
 be {Besci'ibe shortly, wliat; as thus : a settlement on the 
 intended marriage of the said plaintiff). 
 
 2. The signature " ," set and subscribed to the 
 
 said indenture [Or, deed poU], as the party [Or, one of the 
 parties] executing the same, is of the proper handwriting 
 of the said plaintiff {or as may be). 
 
 3. The signature " ," set and subscribed to the 
 
 attestation to [Oj* endorsed on] the said indenture [Or, 
 deed poll], of the execution thereof by the said plaintiff 
 {or as may be), is of my proper handwriting. 
 
 4. I am well acquainted with the handwriting of the 
 plaintiff A. B. (Or as may be) : having seen him write. 
 
 5. The (sixteen) several letters marked respectively A. 
 B., C. C, <fec., now produced and shown to me, and dated 
 respectively the , 18 — , o&c, are of the proper hand- 
 writing of the said A. B., and are respectively signed by 
 him (Or as may be). 
 
 6. The signature " " to the agreement dated 
 
 the , 18 — , marked G, now produced and shown 
 
 to me. is also of the proper handwriting of the said 
 A.B.' 
 
 (Formal parts : see post, No. 300.) 
 
 1. The document marked C, now produced and shown 246. , 
 to me, is a copy of a correspondence (Describe it ; as thus : tymg copy of 
 between me and Messrs. A. B. & Co., the plaintiff's soli- '^ITZtf""' 
 citors in this cause), having reference to the subject mat- document, 
 ter of this suit : omitting signatures and other formal parts 
 
 of such correspondence. 
 
 2. On or about the of , 18—, I received 
 
 a letter from the defendant A. B. I have lately made 
 dUigent search for the said letter, but I have been 
 xmable to find it, and I do not know what has become 
 thereof. 
 
 3. The paper writing marked A, now produced and 
 shown to me, is a true copy of the said letter: as I know 
 from (Shoxv means of knowledge.) 
 
248 FORMS AND PRECEDENTS OF 
 
 247. (Formal parts : see post, No. 300.) 
 
 ^^md'''' * 1. In pursuance of instructions received by me from 
 
 SSipfof^^ Messrs. A. & B., of , the solicitors in this cause for 
 
 notes. (the plaintiff), I attended, on the of , 18 — , at 
 
 the office of C. 0., Esquire, one of the examiners of this 
 
 Honourable Court, situate in [Or as may 5e], and I 
 
 then and there took shorthand notes of (State what ; as 
 thus : the cross-examination of the defendant S. T., on his 
 
 affidavit filed in this cause the day of , 18 — ). 
 
 2. The paper writing marked A, now produced and 
 shown to me, is a transcript of my said notes; and is a 
 true and correct statement of the proceedings before the 
 said examiner on the said cross-examination [Or as may 
 he]. 
 
 Section IV. — Proving Exhibits at the Hearing under- 
 an Order. — Procuring attendance of Witnesses m 
 Court. 
 
 248. (Formal pa/rts ; see post, No. S84:.) 
 
 tionfor1e??e"to ou behalf of the plaintiff [Or as may be], for leave, at the 
 pro™ e^bits hearing of this cause [Or as may be], to prove by affidavit, 
 by atadavit. or vivd vocc, the (Describe what ; as thus : execution of 
 the deeds specified in the first part of the annexed Sche- 
 dule ; and the handwriting of the letters specified in the 
 second part thereot) : saving all just exceptions. And. 
 take notice, &c., (as in No. 382). (a) 
 
 The Schedule. 
 
 First part. 
 (Describe the documents as in No. 240, ante.). 
 
 Second part. 
 (Describe the documents as in No. 240, ante.) 
 
 » ^'^^ .V In Chancery. 
 
 Proenpe for the a ^ o i 7 t . t /. , , 
 
 subpana. Q>) A. J beal a subposna ad test. (If so : and duces tecum),. 
 V. Von behalf of the plaintiff [Or as may be], directed 
 B. 3 to (Insert names of the witness or witnesses). 
 If sealed under an order, add: Order dated the — 
 day of , 18 — . 
 
 (Name, S^c, of solicitor or party issuing 
 the writ.) 
 
 (a) for (onns of affidavits proving exhibits, see ante. No. 245 and 246 
 (6) A subpoena should not be dated prior to the time at which the party issuine the- 
 aame is entitled to examine the party subpfflnaed: McMwrray v. O.T.S. 8 Oh E 130 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 249' 
 
 In Chancery. 
 
 ONTARIO. 250 
 
 Victoria, by the Grace of God of the United Kingdom subp<Bna od 
 
 of Great Britain and Ireland, Queen, defender of the '* 
 
 faith. Greeting : 
 
 To 
 
 We commajid you, , that, laying all other matters 
 
 aside, and notwithstanding any excuse, you personally be 
 
 and appear before to testify the truth, according 
 
 to your knowledge, in a certain suit now pending in our 
 Court of Chancery, wherein , plaintiff, and , de- 
 fendant, on the part of the {In the case, of a sub- 
 
 pcma duces tecum, add : and that you then and there 
 bring -with you and produce — Specify the documents to he 
 produced). And herein fail not at your perU. 
 
 Witness the Honourable , our Chancellor, this 
 
 day of , 18 — , in the year of our reign. 
 
 , Clerk of Records and Writs. 
 
 251. 
 
 The same as ante. No. 171. Endorsement ou 
 
 the writ. 
 
 Section V. — Oaths, A^rw,ations and Declarations of 
 Witnesses examined vivd voce. 
 
 1. Before the Court. 
 
 To the witness : The CAddence you shall give to the . 252. 
 Court touching the matters in question shaUbe the truth, o/oath?^ ""^ 
 the whole truth, and nothing but the truth — So help you 
 God. 
 
 To be uttered by the witness : I, A. B., do solemnly and 253. 
 sincerely declare, that (State in what form, and with what covenmter™'"'* 
 ceremony, am oath will be binding; as : holding up my 
 right hand, and declaring to the truth, as I shall answer 
 to God at the great day of judgment), is a form of oath 
 that is most binding on my conscience ; and I do solemnly 
 and sincerely declare, that the evidence I shall give to 
 the Court touching the matters in question shall be the 
 truth, the whole truth, and nothing but the truth (Repeat 
 the binding form ; as .• as I shall answer to God at the 
 great day of judgment). 
 
 (a) For affidavit ot service, see post, No. 274, 
 
250 FORMS AND PEECEDENTS OF 
 
 254. To he uttered hy the witness : 1, A. B., being one of the 
 
 ^nnationbyapg^p-|g Called Quakers [Or, one of the persuasion of the 
 Moravian. people Called Quakers— Or, of the United Brethren called 
 Moravians — [as the case may he], do solemnly, sincerely, 
 and truly affirm and declare that the evidence I shall give 
 to the Court touching the matters in question shall be 
 the truth, the whole truth, and nothing but the truth. 
 
 255. To he uttered hy the witness : I, A.B., having been one of 
 
 ^eTouSer'' *^® people Called Quakers [Or, one of the persuasion of 
 
 . or ex-Moravian, the people called Quakers — Or, of the United Brethren 
 
 called Moravians — as the case may he], and entertaining 
 
 conscientious objections to the taking of an oath, do 
 
 ' solemnly, sincerely, and truly declare and affirm that the 
 
 evidence I shall give to the Court touching the matters in 
 
 question shall be the truth, the whole truth, and nothing 
 
 but the truth. 
 
 256. To he uttered hy the witness : I, A. B., do, in the pre- 
 
 B^StSt." ^^ ^ sence of Almighty God, solemnly, sincerely, and truly 
 affirm and declare that I am a member of the religious 
 sect called Separatists, and that the taking of any oath 
 is contrary to my religious belief, as well as essentially 
 opposed to the tenets of that sect. And I do also, in the 
 same solemn manner, affirm and declare that the evidence 
 I shall give to the Court touching the matters in ques- 
 tion shall be the truth, the whole truth, and nothing but 
 the truth. 
 
 2. Forms of Oaths hefore an -examiner, or Commissioner 
 to examine witnesses. 
 
 257. You swear that you shall true answer make to all such 
 ri oSh7 ^°™ questions as shall be asked you [without favour or affec- 
 tion to either party (a)], and therein you shall speak the 
 truth, the whole truth, and nothing but the truth. — So 
 help you God. 
 
 258. To be uttered hy the witness : I, A. B,, do solemnly and 
 '. Covenanter" &o. siuccrely declare that {State in what form, and with what 
 
 ceremony, an oath will he binding ; as : holding up iliy 
 
 (a) These words are omitted where a party to the suit is sworn. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 251 
 
 right hand, and declaring to the truth, as I shall answer 
 to God at the great day of judgment), is a form of oath 
 that is most binding on my conscience ; and I do solemnly 
 and sincerely declare that I shall true answer make to all 
 such questions as shall be asked me [without favour or 
 aflFection to either party (a)], and therein I shall speak the 
 truth, the whole truth, and nothing but the truth {Repeat 
 the binding form ; «s ; as I shall answer to God at the great 
 day of judgment). 
 
 To he uttered by the witness : I, A. B., being one of the 259. 
 people called Quakers [Or, one of the persuasion of the oSfor""^ * 
 people called Quakers — Or, of the United Brethren called Moraviii. 
 Moravians — as the case may 6e], do solemnly, sincerely, 
 and truly affirm and declare that I shall true answer 
 make to all such questions as shall be asked me [without 
 favour or affection to either party (a)], and therein I shall 
 speak the truth, the whole truth, and nothing but the 
 truth. 
 
 To he uttered by the witness : 1, A. B., having been one 260. 
 of the people called Quakers [Or, one of the persuasion of ^^Quake?f o. 
 the people called Quakers — Or, of the United Brethren ex-Moravian.' 
 called Moravians — as the case may he'\, and entertaining 
 conscientious objections to the taking of an oath, do solemn- 
 ly, sincerely, and truly declare and affirm that I "shall true 
 answer make to all such questions as shall be asked me, 
 [without favour or affection to either party, (a) ] and 
 therein I shall speak the truth, the whole truth, and 
 nothing but the truth. 
 
 To he uttered by the witness : I, A. B., do, in the pre- 261. 
 sence of Almighty God, solemnly, sincerely, and truly l^^tis™'*^* 
 affirm and declare, that I am a member of the rehgious 
 sect called Separatists, and that the taking of any oath is 
 contrary to my religious belief, as well as essentially op- 
 posed to the tenets of that sect. And I do also, in the 
 same solemn manner, affirm and declare that I shall true 
 answer make to all such questions as shall be asked me, 
 [without favour or affection to either party, (a) ] and 
 therein I shall speak the truth, the whole truth, and 
 nothing but the truth. 
 
 a) These words are omitted where a party to the suit is sworn. 
 
252 FORMS AND PRECEDENTS OF 
 
 Section YI.— Notice of reading affidavit, ^c— Enlarg- 
 ing tvme for taking Evidence. 
 
 262. 
 
 {Fomml parts : see ante, No. 240.) 
 
 NotoofMben- rpake notice, that the plaintiff \0r, defendant A. B.] in- 
 affidavitsor tends to read, at the hearing of this cause, the following- 
 depositions. affidavits and depositions ; that is to say :— 
 
 The affidavit of C. D., filed , 18—. 
 
 The joint affidavit of E. F. and G. H., filed ,. 
 
 18—. 
 
 And the depositions of L. M. and N. 0., filed ,. 
 
 18— [Or as may be]. 
 
 263. (Formal parts : see post, No. 384.) 
 
 tiSnto enSr^ on the part of the plaintiff, that the time for setting down, 
 ertdel^e *^"^ ^^^^ cause for the examination of witnesses and hearing 
 
 may be enlarged until the day of , 18 — ;. 
 
 and that the costs of this application may be costs ia the 
 cause. And take notice, that in support of such motion. 
 wiU be read {as in No. 382). 
 
 And see ante, Nos. 209-213, 215, 216. 
 
 Section Vn. — Ex parte Exami/mdions before an 
 , , Exami/ner. 
 
 Noticf^ten- {Formal parts : see ante. No. 240.) 
 tiontoexmiM Take notice, that the plaintiff [Or, defendant A. B.] 
 r^nesTSTe' iutcuds to [examine C. D., of {Description of ivitness), ex 
 an examiner (o). p^rfg gs a witucss on behalf of the said plaintiff — Or, de- 
 fendant A. B., Or, cross-examine A. B. upon his affidavit 
 made], in this cause, before E. F., Esquire, one of the 
 special examiners of this Court [Or, before G. H., th& 
 examiner specially appointed for the examination of wit- 
 nesses in this cause"!, ^* {State where ; as thus : the office 
 
 of the said examiner in ), on , the day of 
 
 , 18 — , at of the clock ia the noon. 
 
 Dated, &c. A. B., 
 
 To Plaintiff's Solicitor. 
 
 (a) This notice must be served forty-eight hours before the examination talces place.. 
 — See Ord, 267. Semite, notice should be given to opposite party, even though it be- 
 intented to take the exanunation ex parte. See Fvrd v. Terma'nt, 11 W. B. 276. Se^ 
 qu(ere. / 
 
PKOCEEDINGS IN CHAHCERT — EVIDENCE. 253 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 I hereby appoint , the day of , at the 265. 
 
 hour of , for the examination of the plaintiff (Or, de- t^^^^Xor 
 
 iendant, after answer in this cause, Or as the case may be), ih^'exaS'tfou 
 at my chambers on King Street, in the Town of . "t a plaintiff or 
 
 T\ I J o_ defendant under 
 
 JJated, Sec. order 140. 
 
 E. F., Special Examiner (Or, Examiner 
 — as the ease may be). 
 
 Same as Ifo. 265, to "for the examination of" \_When zee. 
 
 ■add ;] witnesses on the part of the whose depositions tiS'exa^°tioH 
 
 are to be read on a motion (for an injunction — Or, as the mouon plndtog* 
 case may be) now pending before the Court (Or, for before the court 
 (state nature of motion) now pending before A.B., Esquire, Master. 
 
 Master of this Court at , as the case may be), at my 
 
 Chambers (^c, as in No. 265.) 
 
 In Chancery. 
 
 Between (Set out the full or shortened title of the cause). 267. 
 
 T^ •j_' J? •!_ J. 1 J ■ j.T_ 1 Formal parts of 
 
 Deposition ot a witness taken exparte m the above cause, an expam 
 
 Sworn the day | A. B., of (residence and addition), H^^^'"^' 
 
 of , 18 . j called on behalf of the plaintiff [Or examiner. 
 
 <is Tnay fee], to be examined ex parte, and being duly 
 sworn, saith as follows : 
 I have had, Sc. 
 
 (Signed) A. B. 
 
 I certify that the evidence contained in this 
 
 and the preceding sheets of paper was 
 
 taken before me exparte, and was read over 
 to the deponent, who signed the same in my 
 presence. 
 
 C. D., Examiner [Or, Special Examiner 
 appointed by order in this cause, dated 
 the of , 18—]. 
 
 Section VIII. — Vivd voce Evidence. 
 
 (Formal parts : see post, No. 384.) 
 on the part of the plaintiff \_0r, defendant A. B.], that j^^^, 268.^ 
 B. A., of (address), barrister at law {Or, one of the solici- tiontorthe 
 tors of this Court — Or as may be], may be appointed ex- TspelTi^lram- 
 aminer for the purpose of taking (State what ; as thus: ""• 
 
254 FORMS AND PRECEDENTS OF 
 
 .the examination of witnesses in this cause — Or, the cross- 
 examination of C .D. on his affidavit filed in this cause on 
 
 the day of , 18 — ; Or, the examination of E. 
 
 R in support of the motion for, &;c., now pending, Or 
 about to be made in this cause). 
 
 269. {Formal parts : see post, JVo. 384.) 
 
 tiSrli"" on the part of the plaintiff [Or, defendant A. B.] : 
 a^8^Si!r^°* 1. That in case the defendant J. B. shall be resident at 
 iner of witnesses or near M., in the colony of V., or in case the examination 
 of the said defendant can be conveniently taken at M. 
 aforesaid, or in the said colony, J. G. F., of M. aforesaid. 
 Esquire, barrister at law, may be appointed an examiner 
 for the examination of the defendant J. B. in this cause, 
 on behalf of the plaintiff. 
 
 2. That in case the said J. G. F. shall die or cease to re- 
 side within the said colony of V., before the taking or com- 
 pletion of the evidence of the defendant J. B., or shall 
 decline or be unable to take the same, G. M. S., of M, 
 aforesaid, gentleman, may be appointed an examiner for 
 the examination of the said defendant. 
 
 3. That in case the defendant J. B. shall be resident at 
 or near A., in the colony of S., or in case the examination 
 of the said defendant can be conveniently taken at A. 
 aforesaid, or withia the said colony of S., J. M. S., of A. 
 aforesaid, gentleman, may be appointed an examiner for 
 the examination of the said defendant. 
 
 4. That in case the said J. M. S. shall die, or cease to 
 reside within the said colony of S., before the taking or 
 completion of the evidence of the said defendant, or shall 
 decline or be unable to take the same, W. J. W., of A. 
 aforesaid, gentleman, may be appointed examiner for the 
 examination of the said defendant. 
 
 5. That in case the evidence of- the said defendant is 
 taken at M. aforesaid, notice thereof is to be given to J. T. 
 and G. H., both of M. aforesaid, or to one of them, as the 
 agent there of the defendants S. M. the elder, and S. M. 
 the younger. 
 
 6. And that in case the evidence of the said defendant 
 is taken at A. aforesaid, notice thereof is to be given to 
 W. S. and E. G., both of A. aforesaid, or to one of them, 
 as the agent there of the said defendants S. M. the elder, 
 and S. M. the younger. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 255' 
 
 (Formal parts ; see post, Wo. 300.) 270. 
 
 on the part of the plaintiff, that G. W. A. and T. K. B., "^^ ^^■ 
 both of S., in the colony of N. S. W., solicitors, may be 
 appointed examiners for the purpose of taking the exam- 
 ination of witnesses in this cause (as to the claims of Sir 
 C. D. and T. F. J. ) ; and that the said G. W. A. shall alone 
 act as such examiner : unless he shall refuse to act, or is 
 by illness or other sufficient cause incapacitated from 
 acting : in which case, the said T. K. B. shall alone act as 
 such examiner. 
 
 {Formal parts ; see post, No. 300.) 271. 
 
 1. Show the necessity for the appointment of a special ^'^^rt'ot'ap- 
 exciminer. pucation to 
 
 2. Frove fitness of person proposed ; as thus: A. B., of, tpS'" 
 <fee., the person proposed to be appointed special examiner "^ 
 as aforesaid, has no interest in the matters in qnestion in 
 this cause ; and in my judgment he is a fit and proper 
 person to be appointed such special examiner. 
 
 3. Shaw means ofknoidedge. 
 
 . examiner. 
 
 (Formal parts : see ante, No. 240.) 272- 
 
 Take notice, that the plaintiff [Or, defendant A. B.], in- Stentlon to 
 tends to cross-examine the several deponents and witnesses ^S^e*"before 
 named and described in the Schedule hereto, upon their an examiner, 
 respective affidavits therein specified, before C. D., Esquire, production (»>- 
 one of the examiners of this Court [Or, before E. F., the 
 examiner specially appointed for the examination of 
 witnesses in this cause], at (State where ; as thus : the 
 
 office of the said examiner in , on the day of 
 
 , 18 — , at of the clock in the noon). 
 
 Add, wJiere applicable : And take also notice, that you 
 are hereby required to produce the said witnesses [Or, to 
 produce E. W., o&c, in the said Schedule named], for such 
 cross-examination, at the time and place aforesaid, pursu- 
 ant to your undertaking in that behalf. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
 Name of witness. 
 
 Description. 
 
 When 
 affidavit filed. 
 
 Edward Williams. 
 James Noakes 
 
 Of HalemaD Gentleman, ) 
 Township of Erin, Farmer. ) 
 
 8th December, 
 1866. 
 
 (a) For forms of appointment by Examiner, see ante. No. 265-6. 
 
25Q 
 
 FORMS AND PRECEDENTS OF 
 
 273. 
 
 ITotice of mo- 
 tion, for order 
 for attendanpe 
 or committarof 
 a witness refus- 
 ing to obey 
 subpoena. 
 
 {I'ormal parts : see post, No. 384.) 
 on behalf of the plaintiff [Or, defendant A. B.], that E. 
 F. : who has been served with a stobpcena to attend and 
 be examined as a witness for the plaintiff [Or, said de- 
 fendant] before C. D., Esquire, an examiner of this Court 
 [Or, before C. D., the special examiner appointed in this 
 cause] , but has refused to attend : may be ordered to at- 
 tend at his own expense, and be sworn and examined as 
 such witness, at such time and place as the examiner 
 shall appoint ; or, in default thereof, stand committed to 
 
 the gaol of . And that the said E. F. may be 
 
 ordered to pay the costs of this application. And take 
 notice that in support (<fec., continue as in form Hfo. 382). 
 
 An affidavit in support, and the examiner's certificate 
 of default accompany. 
 
 274. 
 
 Affidavit Iq 
 i^pport. 
 
 (Formal parts : see post, No. 300.) 
 
 1. On the of , 18—, I served E. F., the 
 
 person named in the subpoena now produced and shown to 
 me and marked A., issued out of, and under the seal of this 
 Honourable Court, by delivering to, and leaving with, the 
 
 said E. IT., at (State where), in the (county) of , a true 
 
 copy of the said subpoena, and of the endorsement thereon; 
 and I at the same time showed to the said E. F. the said 
 
 . subpoBTia so under seal as aforesaid. 
 
 2. By the said subpoena the said E. F. was commanded 
 personally to be and appear before (Recite subpoena, to 
 
 ..knowledge), iu this cause, on the part of (State whom, as 
 in subpoena — And if a subpoena duces tecum, continue 
 
 .thus) : and the said E. F. was thereby also commanded to 
 bring with him and produce certain documents therein 
 
 ■.specified. 
 
 3. At the time of such service I did pay to the said 
 E. F. the sum of $—. 
 
 275. 
 
 Notice of mo- 
 tion, for like 
 attendance or 
 committal. 
 
 (Formal parts : see post, No. 384.) 
 on the part of the plaintiff [Or, defendant A. B. J, that E. 
 F., of (residence and addition) : who has been served 
 with a subpoena to attend and be examined as a witness 
 for the plaintiff [Or, said defendant], before C. D., Esquire, 
 an examiner of this Court [Or, before C. D., the examiner 
 specially appointed for the examination of witnesses in this 
 cause], but has neglected or refused to attend and be ex- 
 ,amined: maybe ordered to attend at his own expense, 
 
PROCEEDINOS IN CHANCERY — EVIDENCE. 257 
 
 and be sworn and examined as such witness, at such time 
 and place as the said examiner shall appoint ; and that 
 the said E. F. may be ordered to pay the costs of this 
 application. And take notice that in support (c&c, as in 
 foi-m 38-2). 
 
 (Fonnal parts : see post, No. 384.) 
 on the part of the plaintiff [Or, defendant A. B.], that E. 276. 
 F., of (residence and addition), in obedience to the sub- uonrthat^wit- 
 poeaa served upon him in this cause, may be ordered to p?oduoe"docu-*° 
 attend C. D., Esquire, one of the examiners of this Court "?"<« on » 
 [Or, C. D., the examiner specially appointed for the ex- be Sred'to 
 amination of witnesses in this cause], at his own expense, p™'^"'"^ ^=''™- 
 at such time and place as the said examiner shAl appoint, 
 and then and there produce the several documents in the 
 said siibpcena specified [Or, as may 6e] ; and that the said 
 E. F. may be ordered to pay the costs occasioned by his 
 refusal to produce the said documents, and of this appli- 
 cation . And take notice that in support (<fcc., as in form 
 382). 
 
 In Chancery. 
 
 Between {Set out the title of the cause) 
 Deposition of a witness cross-examined in the above 277. 
 
 ^ , „ T> A • vn ■ 1 • Fonnal parts of 
 
 cause, before me, B. A., exammer [Or, special exammer deposition of a 
 appointed by order in this cause, dated the of SSd oT" 
 
 TO 1 liis affidavit, 
 
 Sworn the day \ E. F., cross-examined on behalf of examiner, 
 
 of ,18 — . I the plaintiff [Or, defendant A.B.], 
 
 on his affidavit filed the 
 
 day of , 18 — , in this cause, 
 
 and being duly sworn, saith as 
 follows : 
 I was lately, <&c. 
 
 Re-examined on behalf of the defendant A. B. [Or, 
 
 plaintiff] : — 
 
 I think it was, <fcc. 
 
 Cross-examined on behalf of the plaintiff [Or, de- 
 fendant A. B.], upon new matter in the re-exam- 
 ination : — 
 
 Having now seen, <&c. 
 
 Re-examined on behalf of the defendant A. B. [Or, 
 
 plaintiff] : — 
 My impression is, d^c. 
 
 E. F. 
 
 17 
 
258 FORMS AND PRECEDENTS OF 
 
 I hereby certify that the evidence contained in this 
 
 and the preceding sheets of paper -was taken 
 
 by me, and was afterwards read over to the witness 
 [Or, respective witnesses], and signed by him [Or, 
 them], in the presence of the parties attending. 
 
 B. A. 
 
 278. In Chancery, 
 ae' et^i^L Between (Set out the title of the cause.) 
 is at different Depositions of witnesses examined in the above cause, 
 at the times and places hereinafter mentioned, before me, 
 B. A., examiner [Or, special examiner appointed by order 
 in this cause, dated the of , 18 — ], 
 
 I. At the Red Lion Inn, Wells, in the County of Som- 
 erset. # 
 
 £ -.g ^ > E. F. ((fee. ; as in last Form.) 
 
 II. At the Crown Hotel, Bath, in the County of Som- 
 erset. 
 
 £ , g ^ |- G. H. ((fee. ; as in last Form.) 
 
 I hereby certify (<fcc. : as in last Form.) 
 
 rogatory. 
 
 279. {Formal parts : see post, No. 884.) 
 
 te^comSS on the part of the plaintiff [Or, defendant A. B.], that he 
 nessesataKur'*" ^^^ ^® ^^ liberty to sue out a commission to examine wit- 
 andfor letters ncsses [Or, C. D. and E. F., as witnesses] in this cause, at 
 (State where), and that letters rogatory may issue out of 
 this Court directed to (Stating Court), requesting such 
 Court to issue the necessary process to compel the attend- 
 ance of A. B. and C. D. before such Court, or such person 
 or persons as the said Court may appoint, to be examined 
 as witnesses under oath on the part of the plaintiff (Or, 
 defendant A. B.), and upon and in support of such motion 
 will be read, (fee. (as i/n No. 382). 
 
 280. (Formal parts : as in No. 300.) 
 
 sl^portfby 1- That replication was filed in this cause on , 
 
 applicant or his fee., and this causc is now at issue. 
 
 nolicitor. oA"D/^T* j"ni"n 
 
 2. A. K, O. U., and E. b . are material and necessary 
 witnesses for me (Or the) (applicant), a.nd I (Or he) can- 
 not safely proceed to a hearing of this cause without the 
 evidence of the said A. B., C. D., and E. F. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 259 
 
 3. The said A. B., C. D. and E. F. reside (State places 
 of residences) out of the jurisdiction of this Honourable 
 Court. 
 
 4. The said A. B. and C. D. are adverse witnesses, and 
 will not voluntarily attend to give evidence unless com- 
 pelled so to do by legal process. 
 
 5. The said A. B. and C D. are both resident within 
 
 the jurisdiction of the Court [name of Court to which 
 
 the letters rogatory are to he addressed). 
 
 (Formal parts : see post, Nos. 338-9.) 
 
 1. It is ordered that a commission do issue for the ex- 281. 
 amination of witnesses on behalf of the at , or<ierfor oom- 
 
 1 1 1 n 1 • 1 mission. 
 
 returnable forthwith. 
 
 2. And it is ordered that the do, within four 
 
 days after notice thereof, attend at the office of the Clerk 
 of Records and Writs, to strike Commissioners' names, and 
 
 in default of the said so attending, the is 
 
 to be at liberty to take out the said commission addressed 
 to his own Commissioners only. 
 
 3. And it is ordered that the do, within — days 
 
 after service upon him of the interrogatories in chief, de- 
 liver to the his cross interrogatories, and in de- 
 fault of his doing so, the is to be at liberty to send 
 
 the said commission without cross interrogatories. 
 
 4. And it is ordered, in case the shall join in such 
 
 commission, that days' notice of the execution of such 
 
 commission shall be deemed good notice to the . 
 
 {Add to preceding Form.) 
 
 5. And it is further ordered that letters rogatory do 282. 
 issue out of and under the seal of this Court, addressed to rogatory' w"^" 
 (Tutming foreign Court), requesting such Court to issue 
 
 process for the purpose of compelling the attendance of 
 the witnesses intended to be examined in this cause at 
 
 aforesaid, before such person as the said Court shall 
 
 appoint. 
 
 (Style of cause). 
 I certify that it is necessary that a commission should ^^^ff^-^^_ 
 
 issue in this cause to (naming Commissioners), of cati jot commis- 
 
 (stating residence), to take the evidence of witnesses on ^o" under ord. 
 the part of the plaintiff and defendant (Or as may be), to 
 be used on the reference now pending before me herein. 
 
 (a) For lonn of letters rogatory, see post. No. 287. 
 
260 
 
 FORMS AND PB.ECEDENTS OF 
 
 284. 
 
 Commission to 
 examine wit- 
 nesses abroad. 
 
 the United 
 Queen, defender of 
 
 King- 
 
 In Chancery. 
 
 ONTARIO. 
 
 Victoria, hj the Grace of God, of 
 dom of Great Britain and Ireland, 
 the faith. 
 
 To 
 
 Know ye, that We, having full faith in your prudence 
 and competency, have appointed you Commissioners, and 
 
 by these presents do authorize you to examine as 
 
 witness in a cause pending in our said Court of Chancery, 
 
 wherein plaintiff and defendant on oath, 
 
 to be by you administered , and to take, and certify 
 
 in writing, the depositions of the said witness, and return 
 the same, together with this Writ, without delay, to our 
 said Court, there to be filed of record, according to the 
 directions hereto annexed. 
 
 Witness, the Honourable , our Chancellor, this 
 
 day of , in the year of our reign. 
 
 -, Clerk of Records & Writs. 
 
 284a. 
 
 Return. 
 
 The execution of this commission appears in certain 
 Schedules hereunto annexed. 
 
 A.B., 
 C.D., 
 
 ComTnissioners. 
 
 INSTRUCTIONS TO COMMISSIONERS. 
 
 285. 
 
 Instructions to 
 commissioners. 
 
 I. — The commission shall not be opened until the time 
 of attendance, as next hereinafter provided for. 
 
 II. — The Commissioner to whom the commission is de- 
 livered shall cause a written notice to be given to the 
 other Commissioners named, of a day, hour and place for 
 its execution, the service of which notice must be not less 
 than (eight) days prior to such time. 
 
 III. — No oath shall be taken by the Commissioners. 
 
 IV. — On the day, and at the hour and place appointed, 
 those who attend shall proceed to execute the commission ; 
 and in case any of the Commissioners do not attend, a 
 minute must be made at the head of the depositions, to 
 
 the following effect : — " We certify, that on this day 
 
 " of , at the house of T. W., situate iat , being 
 
 " the day and place appointed for executing the commis- 
 " sion to us with others directed, we attended to execute 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 261 
 
 " the same, and that \_Here insert the names of non-attend- 
 " ing Comirvissioners] named in such commission, neglected 
 " to attend, due notice of the said time and place having 
 " been given them, as appears by the affidavit of E. F., 
 " hereto annexed." If such Commissioners are ill, the 
 fact must be certified under the hands of the attending 
 Commissioners, and annexed to the commission when re- 
 turned. 
 
 V. — Two Commissioners may act, if the rest do not at- 
 tend — one of whom must, in all cases, be of the legal pro- 
 fession. Where parties join in commission, a notice to 
 the following eflfect must be subscribed by at least two of 
 the Commissioners, and served on such parties eight days 
 (or as may be provided in the order directing the issue of 
 the commission) previous to the day appointed for ex- 
 ecuting the commission : — 
 
 " We, whose names are hereunto subscribed, having re- 
 " ceived a commission, issuing out of and under the seal 
 " of the Court of Chancery of the Province of Ontario, to 
 " us and others directed, for the examination of witnesses 
 " in a certain cause there depending, between A. B., plain- 
 " tiff, and C. D., defendant — this is to give you notice, that 
 " we will execute the said commission (on the part of the 
 " said plaintiff, Or on the part of the said defendant, as the 
 " case may he ; or in case of a joint commission, ' as well 
 ■' on the part of the said plaintiff as on the part of the said 
 
 " defendant '), at the house of T. W., situate at , on 
 
 " the day of , at the hour of o'clock in the 
 
 " forenoon of the same day, when and where you and your 
 " Commissioners may be present, if you please. 
 
 " Dated this day of , 18—. 
 
 " A. B., 
 "C. D., 
 
 Commissioners." 
 
 VI. — The oath to be administered to witnesses is as 
 follows — the witness laying his hand upon and kissing 
 the Gospels : 
 
 1. " You do solemnly swear, that the answers given by 
 you to the interrogatories " (if any be filed ; or if the ex- 
 amination be oral, the words will be " to the several ques- 
 tions which shall be put to you ") " shall be the truth, the 
 whole truth, and nothing but the truth — So help you God." 
 
 Or if the witness desire it — 
 
 2. " You do swear, in the presence of the ever living God, 
 that the answers, &c." — While taking this oath, the wit- 
 ness may or may not hold up his hand, in his discretion. 
 
262 FORMS AND PEECJBDENTS OF 
 
 3. If the witness shall declare that he has conscientious 
 scruples against taking any oath, or swearing in any form, 
 it wiR be as follows : " You solemnly, sincerely and truly 
 declare and affirm that the answers, &c." 
 
 4. If the witness have any peculiar mode of swearino', 
 coimected with or in addition to the laying his hand upon 
 the Gospels and kissing the same, which in his opinion is 
 more solemn and obligator}"^, such mode of swearing him 
 may be adopted. 
 
 5. If a witness believe in any other than the Christian 
 religion, he shall be sworn according to the peculiar cere- 
 monies of his religion, if there be any such ceremonies, in- 
 stead of the modes above prescribed. In such case, the 
 acting Commissioners must certify the manner in which 
 the oath has been administered, the religion of the witness, 
 and that the mode pursued is the usual and most solemn 
 form in which oaths are most usually administered to wit- 
 nesses professing such religion. 
 
 VII. — The Commissioners shall cause the examination 
 of each witness to be reduced to writing, and to be sub- 
 scribed by him, and certified by such of the Commissioners 
 as are present at the taking of the same. 
 
 VIII. — The heading or title of the depositions shall be 
 in the following form : — 
 
 " Depositions of witnesses produced, sworn {Or affirmed) 
 
 " and examined, the day of 18 — , at the 
 
 " house of T. W., situate at , under and by virtue 
 
 " of a commission issued out of the Court of Chancery 
 " of the Province of Ontario, in a certain cause there- 
 " in depending, and at issue, between A. B., plaintiff, 
 " and C. D., defendant. 
 " E. F., of, &c. (residence and profession to be stated) 
 
 " aged years, being duly and publicly sworn (or af- 
 
 " firmed) and examined, on the part of the (plaintifi" or 
 " defendant, as the case may be), doth depose and say as 
 " follows : (Where interrogatories are fikd, proceed thiis) : — 
 " First — To the first interrogatory, I say," &c. 
 " Second — To the second interrogatory, I say," &c. (and 
 so on through all the interrogatories to which the witness 
 may be called upon to depose ; and when cross-interroga- 
 tories are filed, proceed thus) :— " To the first cross-inter- 
 rogatory, I say," &c. 
 
 When the examination is oral, after setting out the 
 heading of the depositions, and the name, residence, pro- 
 fession and age of the witness, the swearing, and on whose 
 part he is examined as above — proceed to set forth the 
 examination, and at the beginning of every question put 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 263 
 
 the letter Q, and of every answer the letter A. When 
 the deposition is finished, it must be subscribed by the 
 witness, and certified by the acting commissioners, as 
 follows : — 
 
 " Examination taken, reduced to writing, and \ 
 
 " sworn to (or affirmed to) this day of >- 
 
 " , 18— before ) 
 
 " A B 1 
 
 " C D ' ( Commissioners." 
 
 In the case of an illiterate witness, who cannot write, 
 he must affix his mark, and the certificate of the acting 
 commissioners will be as follows : — 
 
 " Examination, &c. (as before), the contents ^ 
 " having been first carefuUy read over to I 
 " the witness, who appeared perfectly to )■ 
 " understand the same, and affixed his mark | 
 " thereto, before J 
 
 "A B ) 
 
 " C T) I Commissioners." 
 
 When no interrogatatories are filed, and the examination 
 is oral, the questions and answers put and given upon 
 cross-examination shall be distinguished from those put 
 and given in chief, thus — " Upon the said witness, E. F.'s 
 cross-examination, the following questions and answers 
 were put and given, namely : " — and so upon every sub- 
 sequent re-examination and cross-examination of a witness. 
 IX. — If any exhibits are produced and proved before 
 the commissioners, they shall be annexed to the depositions 
 to which they relate, and shall in like manner be sub- 
 scribed by the witness proving the same, and be certified 
 by the acting commissioners, in the following manner : — 
 "At the execution of a commission for the ex- 
 
 "amination of witnesses, between A. B., com- 
 
 " plainant, and C. D., defendant, this paper- 
 
 " writing was produced and shown to E. F., | 
 
 " a witness, and by him deposed to, before J 
 
 " A B ) 
 
 „p't-.'' > Commissioners." 
 
 X. — The acting commissioners shall subscribe their 
 names to each sheet of the depositions taken by them. 
 
 XI. — If an interpreter be employed, one of the acting 
 commissioners shall administer to him the following 
 oath: 
 
 " You do solemnly swear, that you wiU truly and faith- 
 " fuUy interpret the oath and interrogatories to be ad- 
 " ministered to E. F., a witness now to be examined, out 
 " of the English language into the Spanish language {as 
 
264 FORMS AND PRECEDENTS OF 
 
 " the case may he), and that you will truly and faithfully 
 " interpret the answers of the said E. F. thereto, out of 
 " the Spanish language into the English language." 
 
 XII. — The acting commissioners shall sign the follow- 
 ing Return, as above set forth : — 
 
 " The execution of this commission appears in certain 
 " Schedules hereunto annexed. 
 
 !■ Commissioners." 
 
 And transmit the commission, &c., to the Clerk of Records 
 and Writs of the Court, in the manner next hereinafter 
 provided for, within three days after the execution of the 
 commission. 
 
 XIII. — The acting commissioners shall fold the deposi- 
 tions, commission and exhibits, with the interrogatories, 
 if any be filed, in a packet, and bind it with tape. They 
 shall set their seals at the several meetings or crossings of 
 the tape, endorse their names on the outside, and direct 
 
 it thus — " Commission to be returned to , 
 
 Esquire, Clerk of Records and Writs of the Court of 
 Chancery, Toronto, Ontario." They shall then, within 
 the time limited by the last instruction, deposit the packet 
 so directed in the nearest post office, and endorse there- 
 upon — " Deposited in the post office at , this 
 
 day of , 18 — , by me , commissioner." The 
 
 postage must be paid by the party having the carriage of 
 the commission, or in the case of a joint commission by 
 all parties equally. 
 
 XIV. — The acting commissioners may employ a clerk 
 to copy the depositions if they think proper. If a copy 
 of the original draft be made, the witnesses must sign such 
 copy. One of the acting commissioners, however (such 
 commissioner mu&t be of the legal profession), shall in all 
 cases take down the testimony, and the original draft, or 
 the copy thereof which shall be transmitted to the Clerk 
 of Records and Writs of the Court, shall be written in a 
 plain and legible manner. 
 
 XV. — By the terms of the commission, it must be ex- 
 ecuted by the commissioners without delay ; and if any of 
 the instructions hereinbefore given are neglected in the 
 execution of the same, the depositions taken under it will 
 be liable to be suppressed by the Court for irregularity. 
 
 XVI. — The reasonable expenses of the acting commis- 
 sioners, and their clerk (if one be employed), attending the 
 execution of the commission, shall be borne by the party 
 having the carriage of it ; and in the case of a joint commis- 
 sion, by all the parties equally — the expenses of witnesses. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 265 
 
 by the parties producing them — and the expense attending 
 their cross-examination, by the party detaining them. 
 
 By order of the Court. 
 , Clerk of Record and Writs. 
 
 In Chancery. 
 
 Interrogatories to be exhibited to witnesses to be 286. 
 produced, sworn, and examined in a certain cause tor'ISelxamtaa 
 now depending and at issue in the Court of Chancery „™ "'alroad 
 for Ontario, wherein A. B. is plaintiff, and C. D. and 
 E. F. are defendants, on the part and behalf of the 
 above named plaintiff [Or, defendant — or as may 6e.] 
 First Interrogatory. — Do you know the parties, 
 plaintiff" and defendants, in the title of these interrogatories 
 named, or any, or either and which of them, and how 
 long have you known them respectively, or such of them 
 as you do know ? 
 
 (Then follow distinct interrogatories, according to 
 the subject matter, or the witnesses to be examined; 
 and each interrogatory concludes thus : — Declare the 
 truth of the several matters in this interrogatory in- 
 quired after, according to the best of your knowledge, 
 remembrance and belief.) 
 Last Interrogatory. — Do you know, or can you set 
 forth, any other matter or thing which may be of benefit 
 or advantage to the parties at issue in this cause, or either 
 of them, or that may be material to the subject of this 
 your examination, or to the matters in question in this 
 cause ? If yea, set forth the same, and all the circum- 
 stances and particulars thereof, fully and at large, accord- 
 ing to the best of your knowledge, remembrance and be- 
 lief, as if you had been thereto particularly interrogated, 
 together with your reasons at large. 
 
 ONTARIO. 
 
 In Chancery. 
 
 The Court of Chancery for Ontario. 
 
 To the (United States Circuit Court, having juris- 287- 
 diction at Muskegon, in the State of Michigan, one of ^fford^'"'' 
 the United States of America) (Or as may be), or to <^'""''- 
 any Court, Judge or tribunal having competent juris- 
 diction in the said State of (Michigan), Greeting : 
 Whereas a certain suit is pending in the said Court of 
 Chancery, wherein the E. L. Company and another are 
 
266 FOEMS AND PRECEDENTS OF 
 
 plaintiffs, and V. A. and others are defendants, and it has 
 been suggested to the said Court that there is a -witness 
 residing within your jurisdiction without whose testi- 
 mony justice cannot be completely done between the said 
 parties. You are therefore requested that in further- 
 ance of justice you wOl, by the proper and usual process 
 of your Court, cause such witness or witnesses as shall be 
 named or pointed out to you by the said parties or either 
 of them to appear before you, or some competent person 
 by you for that purpose to be appointed and authorized, at 
 a precise time and place by you to be fixed, and there to 
 answer on oath or affirmation to the several questions 
 that may be put to such witness by the parties to the said 
 cause or either of them, and that you wiU cause his de- 
 positions to be committed to writing and returned to this 
 Court, under cover duly closed and sealed up, together 
 with these presents. And we shall be ready and willing 
 to do the same by you in a similar case when required (a). 
 Witness the Honourable John Godfrey Spragge, the 
 
 Chancellor of Ontario, this day of , A.D. 
 
 18—. 
 
 A. H., 
 Clerk of Records and Writs. 
 
 ^. .^^?- (Forrrial parts: as m iVo. 384.) 
 
 Notice of mo- „ '■ tit, t • -ii- 
 
 tion for order lor an ordcr that a subpoena may issue in this cause, 
 
 Q^eb^^^Se*? directed to A. B., C. D. and E. F., of the of - 
 
 c. s. 0. c. 70, sec. jjj ^jjg , Qf ^ {q ^}^q Province of Quebec, requir- 
 ing the said A. B., C. D. and E. F. to attend at the next 
 
 sittings of this Court to be holden at , on , the 
 
 day of , for the examination of witnesses and 
 
 hearing of causes, as witnesses on the part of the plaintiff 
 {Or, defendant A. W.) [Or to attend before Y. Z.,Esq., the 
 
 Master of this Court (Or special examiner), at the 
 
 of , at such time and place as the said Y. Z., Esq., 
 
 shall appoint for taking the said examination of the said 
 defendants A. B. and C. D. in this cause] ; and take notice, 
 &c. {Conclude as in form, No. 382.) 
 
 289. {Formal parts : see post, No. 300.) 
 
 rapport'o"appii- !• The replication was filed in this cause on the 
 
 ^iV'l'Si'^'' dav of , and this cause is now at issue, and notice of 
 
 solicitor. hearing has been given tor the next sittings of this Court 
 to be holden at , on the day of ( Where 
 
 (a) See 31 Vic. c. 76 (c). 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 267 
 
 the evidence is reqiii red 07i sonie interlocutory proceeding, 
 the a^duvit must be framed to suit that state of facts.) 
 
 2. A. B, CD. and E. F. are material and necessary 
 witnesses for me {Or for the applicant) in this cause, and 
 I {Or he) cannot safely proceed to a hearing of this cause 
 without their evidence. 
 
 3. The said A.B., C. D., and E. F. respectively reside 
 at {State residence), in the Province of Quebec. 
 
 4. There is no action or suit pending in the said Pro- 
 vince of Quebec in respect of the matters in question in 
 this suit {a). 
 
 Sworn,&c. 
 
 {Formal parts a^ in^^o. 338-9.) 
 
 It is ordered that a subpoena do issue out of and under 290. 
 the seal of this Court, directed to A. B., C. D., and E. F., pif S'i^ue'to 
 
 of , in the Province of Quebec, requiring them to at- Q"^''*'^ 
 
 tend at the hearing of this cause, at the next sittings of 
 
 this Court, to be holden on the day of , at 
 
 {Or as the case may require.) 
 
 The subpoena is in the same form as No. 250, but must 291. 
 bear at the foot or in the margin a memorandum to the Pro™™ o? 
 following effect : ^''^^•"^ 
 
 " Issued under special order made in Chambers this 
 
 day of . " A. H., 
 
 Clerk of Records and Writs." 
 
 Section IV. — Examination of Witnesses de bene esse. 
 
 {Formal parts : see post, Ko. 384.) 292. 
 
 on behalf of the plauitiff [Or, defendant A. B.], for leave g^^^xtoex"" 
 to examine C. D., of {residence and addition), as a witness ^^/^J^^^^^ 
 on his behalf in this cause, de bene esse : saving all just ex- 
 ceptions : the said C. D. being the only witness to prove a 
 material fact. If a special examiner is necessary, add : 
 and that E. F., of {residence and addition), may be ap- 
 pointed an examiner to take such examination. And 
 take notice {as in No. 382). 
 
 An affidavit in support accompanies. 
 
 (a) See C. S. C. cap. 79, s. 6. 
 
 (ft) When the witness is o^er seventy, or dangerously ill, or about to go abroad, the 
 application is ex parte. — Dan. Pr, 6th Ed. 817. 
 
 When, however, the application is made by a defendant before answer, notice must be 
 sen-ed {lb.). 
 
268 FORMS AND PRECEDENTS OF 
 
 293. In Chancery. 
 
 AiBdavit in sup- 
 port of motion of (Shortened style of the cause.) 
 
 cause. 
 
 I, G. H., of (Place of business), gentleman, the solicitor 
 in this cause for the plaintiff \0r, defendant A. B.], make 
 oath and say as follows : 
 
 1. C. D., of {residence and addition), is a material 
 witness in this cause for the plaintiff [Or, defendant A. 
 B.]. 
 
 2. The said C. D. is upwards of seventy years of age — 
 Or, in a dangerous state of health — Or, about to go out of 
 the jurisdiction of this Honourable Court — Or, the said C. 
 D. is the only witness to prove {state facts as to which it 
 is proposed to examine witness ; for exam/pie) the due 
 execution of the will of A. W., the testator in the plead- 
 ings mentioned. 
 
 B.Ifa special examiner is necessary, show his fitness to 
 be appointed: see ante, Fo. 271. 
 4. Show means of knowledge. 
 
 294. In Chancery. 
 
 Notice of inten- Rrmim V Smith 
 
 tion to examine HI UWIt, W . OIIILUL 
 
 the witnes?, mi 
 
 Take notice, that the plaintiff [Or, defendant A. B.] in- 
 tends to examine C. D., of {Insert description of the wit- 
 ness), de bene esse, under the order in this cause dated the 
 day of , 18 — , before E. F., Esquire {Con- 
 tinue as in No. 264, ante, to the end.) 
 
 witness. 
 
 295. In Chancery. 
 
 Formal parts of Tt > t a ^ i i 
 
 deposition of the lietween — (Set out the shortened style of the cause.) 
 
 witness. */ ./ / 
 
 Deposition of a witness examined de bene esse, pur- 
 suant to an order made in the above cause, dated the 
 
 day of , 18 — .before me, E. F., examiner 
 
 [Or, special examiner appointed by the said order — Or, by 
 
 order in this cause dated the , 18 — ], at , 
 
 this day, «Sz;c. 
 
 C. D., of {residence and addition), being called on be- 
 half of the plaintiff [Or, defendant A. B.], and being duly 
 sworn, saith as follows : — 
 
 I know the plaintiff, &c. 
 
 {The witness should sign the deposition, and the ex- 
 aminer also, at the foot.) 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 269 
 
 {Foiinal parts : see post, JVo. 383.) 
 on the part of the plaintiff [0?-, defendant A. B.], that he 296. 
 ma J- be at liberty to read at the hearing of this cause the Notice of motion 
 deposition of C. D., taken de bene esse on behalf of the d°epolitionta"ke'li, 
 
 said plaintiff [Or, defendant], filed on the day of <'*''''"''*''(">• 
 
 , 18 — , and taken under the order in this cause 
 
 dated the day of , 18 — . And take notice 
 
 (df-c, «.<! in ^^o. 382). 
 
 (Formal parts : see post, Ko. 300 et seq.) 
 
 Shoiv special grounds for the application ; as thus : C. 297. 
 
 D., in the order in this cause, dated the of , Affidavit in sup- 
 
 18 — , named, died on the day of last. He ^'"^' 
 
 is the same person as C. D., named in the paper wi'itiuo- 
 marked A, now produced and shown to me (Exhibit certi- 
 ficate of death or burial), and purporting to be a copy of 
 an entry in the Register book of deaths [Or, burials] 
 kept for (Describe the Register book). 
 
 Or show that due diligence was used to produce the 
 witness for examination in the ordinary course ; and 
 tuhy it could not be done. 
 
 Show means of knowledge. 
 
 Section X. — Demurrers by Witnesses. 
 
 Where a witness examined in a cause objects to answer 298. 
 any question put to him, the examiner should in the de- J'if""tiou\°'a 
 positions set forth the question or questions put, and the witness. 
 demurrer or objection of the witness thereto. 
 
 (Formal parts : see post, No. 384.) 
 on the part of the plaintiff [Or, defendant], that A. B., a 299. 
 witness sworn and examined in this cause on behalf of th° t an°' "°''°° 
 
 the plaintiff [Or as may be\ on the day of , ^j^f^^'-^^y 
 
 18 — , before C. D., Esquire, one of the examiners of this again attend the 
 Honourable Court [Or, the examiner specially appointed to ®'""'"''°'^' 
 take the examination of witnesses in this cause], may be 
 ordered to attend at his own expense before the said ex- 
 aminer, at such time and place as the said examinijr shall 
 appoint, to be further examined as a witness for the 
 
 (a> When the evidence is to be used at the hearingof the cause, the application should 
 be made to the Judge at the hearing. 
 
270 FORMS AND PRECEDENTS OF 
 
 plaintiiF [Or as may he\ in this cause ; and that the said 
 A. B. may be ordered then and there to answer the ques- 
 tion which he demurred to, or objected to answer, upon 
 
 his aforesaid examination on the of , 18 — , 
 
 that is to say : {State, or set out ike question) ; and that 
 the said A. B. may be ordered to pay the costs of and 
 occasioned by his said demurrer or objection, and of this 
 application, and take notice that in support (tfec, as in 
 No. 382.) 
 
 Section XI. — Affidavits, Oaths and Jurats. — Affirma- 
 tions, Declarations and Affi,rmafs. 
 
 1. Affidavits, and Oaths and J.urats thereto. 
 
 300. In Chancery. 
 
 Formal parts of (Title of cause Or matter) (a.) 
 
 an affidavit ; one ^^ „ > ._, ^ „ ., t t • _f tjj* 
 
 deponent. I^ A. B., of (Place Of residence, and description or addi- 
 
 tion) make oath and say as foUows : (6) 
 1. 
 2. 
 
 Sworn before me at , in the County 
 
 of , on the day of , A. D. 18 — . 
 
 A Commissioner, &c. (e) 
 
 301. 
 
 Formal parts of 
 an affidavit ; two 
 or more 
 deponents. 
 
 In Chancery. 
 
 {Title of cause or matter.) 
 
 We, A. B., of {Place of residence, and description or 
 addition), and C. D., of, cfcc, severally make oath and say 
 as follows : 
 
 1. 
 
 2. 
 
 Or, severally make oath and say as follows : 
 And first I the said A. B., for myself, say : 
 
 1. 
 
 2. 
 
 (a) Affidavits should be styled in the full style of eause> or in the shortened style as 
 between A. B. and others, plaintiffs ; and C. D. defendant — the short style C. w, D. is 
 ina^nissible, and an affidavit so styled ■will not he received. 
 
 (b) All affidavits are to be takep an(i expressed in the first person of the deponent, 
 and his name at the commencement of the affidavit is to be vmtten in full, and not 
 designated by an initial letter merely.— Ord. 258.— Every affidavit is to be c^vided into 
 paragraphs, and every paragraph is to be numbered consecutively, and as nearly as 
 may be is to be confined to a distinct portion of the subject.— Ord. 68.— No costs are to 
 be allowed for affidavits not dravm in conformity with these rules.— Ortte. 68 and 258.— 
 Each statement must show the deponent's means of knowledge for making the same. 
 Ord. 259. 
 
 (c) See Babcock v. Bedford, 8 C. P. 627 ; Pawson v. HalL 1 U. C. Pr. R. 294. Brett 
 V. Smith, ib, 309. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE. 271 
 
 And I, the said C. D., for myself, say : 
 
 i. 
 And we the said A. B. and C. D. furtheu severally say : 
 5. 
 6. 
 
 Sworn {i&c. : see post, No. 303.) 
 
 To the deponent : Is that your name and handwriting 1 302. 
 You swear that the contents of this affidavit by you ?/ oaaanS™' 
 subscribed axe true — So help you God (a). j"™*; ""^ 
 
 ( Sworn (6) before me at the City of Hamilton, 
 A. B. ■< in the County of Went worth {as the case 
 
 ( Tnay be), this day of , 18 — . 
 
 CD., 
 A Commissioner, &c. 
 
 To each deponent : Is that your hand-writing ? 303. 
 
 To both or all : Yon do severally swear that the con- Sirfde'pJnen^s 
 tents of this your affidavit by you subscribed are true — So swom togretuer 
 help you God. 
 
 J" Sworn by the deponents A. B. and C. D. 
 A. B. -| [Or as may fee], at {Continue as in last 
 
 ( toTin to the end.) 
 
 (a) See Braithwaite'g Pr. 379 ; Braithwaite's Oaths in Chan. 26, 32. The like form is 
 used in the case of a peer : £6. 33. A Christian swears on the Holy Evangelists ; a Jew 
 upon the Pentateuch. A complete Testament need not he used in either case. A Chris- 
 tian, in makinjf oath» stands erect, holds the hook in his or her right hand ; the hand 
 being uncoverwi, and m the case of a male person, the head being' uncovered also. A 
 Jew, in making oath, holds the book in his right band, the hand being uncovered, but 
 the head covered. If, however, the Jew wishes to make oath with his head uncovered, 
 the officer cannot object to it : Braithwaite's Oatbs in Chan. 25. Oaths are to be admin- 
 istered in a reverent manner. — Ord. April, 1676. 
 
 (d) The jurat should be written at the end of the affidavit. It is usually placed at the 
 right hand comer ; but may be written on either side of the page, or, if necessary, in 
 the maiKin; but not on a page upon which no part of the statements of the affidavit 
 appears. It must also express the time when, and the place where, the affidavit is sworn, 
 including the name of the city, borough, or county. An affidavit, or any other document 
 sworn to may be re-swom at any time before it is filed. If, on re-swearing, a second 
 jurat is gvven, commencing with the word '* Re-swom," then the first jurat should not 
 be struck out, or in any maimer interfered with : hut if the second jurat commences 
 with the word* " Sworn " : in other words, If the jurat on the re-swearing is such as is 
 used when a document is first sworn to : then the first jurat must be struck out, and 
 such striking out must be authenticated by the initialsof the Commissioner before whom 
 the affidavit is last sworn : Braithwaite's Pr. 342-5. 
 
 (c) Where all the deponents are not swom at the same time, a separate jurat must he 
 written for each occasion on which the oath is administered ; Braithwaite's Pr, 379, n. 
 (o) ; Braithwaite's Oaths in Chan. 32, n. (&). 
 
272 
 
 FORMS AND PRECEDENTS OF 
 
 304. 
 
 Oath of a Wind 
 deponent, and 
 jurat, where the 
 otficer reads to 
 him the affi- 
 <iavit (o) 
 
 To the deponent : You do swear that the contents of 
 this your affidavit are true — So help you God. 
 
 ' Sworn by the deponent A. B., at (State 
 
 Miereand when, as in No. 302, ante), before 
 
 j^ B me : I having first truly, distinctly and 
 
 rQj. audibly read over to him the contents of 
 
 The mark of -> t^is affidavit {If any exhibits are referred 
 
 -|- to in the affidavit, add : and explained to 
 
 A. B.] him the nature and effect of the exhibits 
 
 therein referred to) : he being blind ; and 
 
 he appeared to understand the same. 
 
 {Signature and style of offi,ce : see ante, No. 302.) 
 
 305. To the witness : Is that your name and handwriting ? 
 
 where rwitneTs'' You do swear that you have truly, distinctly and au- 
 vKtofbiM'^''" dibly read over the contents of this affidavit to the depo- 
 deponent. nent A. B. (// any exhibits are referred to in the affidavit, 
 add : and explained to him the nature and effect of the 
 exhibits therein referred to) ; and that he appeared to un- 
 derstand the same, and signed his name \_0r, made his 
 mark] to this affidavit in your presence — So help you God. 
 To the blind man : You do swear that the contents of 
 this your affidavit are true — So help you God. 
 
 Sworn by the deponent A. B., at (State 
 where a/nd when, as in No. 302, ante :) 
 A. B. C. D., the witness to the signature [Or, 
 
 _[^0r, mark] of the deponent A. B., having been 
 
 The mark of first sworn that he had truly, distinctly, 
 X and audibly read over the contents of 
 
 A. B.] this affidavit to the deponent A. B. (If 
 
 any exhibits are referred to in the affi- 
 davit, add : and explained to him the 
 nature and effect of the exhibits therein 
 referred to) : he beine blind : 
 
 Witness to the 
 signature [Or, 
 mark] of the 
 deponent A. B.: 
 
 CD., 
 of (Residence 
 andaddition.) 
 
 to) : he being blind ; and that 
 the deponent A. B. appeared to under- 
 stand the same, and signed his name [Or, 
 made his mark] to this affidavit, in the 
 presence of the deponent C. D. : 
 
 Before me (cfec. : see ante. No. 302.) 
 
 (a) In the case of a blind man or marksman, the affidavit must first be read over to 
 him, either by the person before whom the aflidavit is sworn, or by some other person. 
 In the latter case, such person must first be sworn that he has read over the affidavit 
 and any exhibits thereto, to the deponent, and must attest his signature or mark ' 
 Braithwaite's Pr. 382, and see next Form. 
 
PROCEEDINGS IN CHANCERY— EVIDENCE— OATHS, ETC. 273 
 
 To the deponent : Is that your name and handwriting « 306 
 iou swear that the contents of this affidavit bv vou ^^'^''l^:'""^ . 
 subscribed are true-So help you God. ^ a',dl'l^\^f 
 
 ^ g ( Sworn at {State where, and when, as in tT "" '""' 
 t No. 302, ante,) 
 
 Before me (^c. .■ see ante. No. 302.) 
 
 To the interpreter : Is that your name and hand- 307. 
 writing (h) ' 0*'^^ ™'i J""^'. 
 
 ,- o V / • \frhere a foreig^ner 
 
 lou swear that you well understand the French Ian- ?T'S *" ^i?^" 
 
 [i7 7 /» 1 .■-•-'ij. J.1.A11J lisn, tiirou2*n an 
 
 or other language of the foreigner], and that you interpreter. 
 have truly, distinctly and audibly interpreted the con- 
 tents of this affidavit to the deponent A. B. ; and that you 
 wUl truly and faithfully interpret to him the oath about 
 to be administered to him — So help you God. 
 
 To the foreigner, through the interpreter : Is that your 
 name and handwriting ? 
 
 You swear that the contents of this affidavit by you 
 subscribed are true — So help you God. 
 
 f Sworn at (State where, and when, as in 
 
 i No. 302, ante), by the deponent A B., 
 
 through the interpretation of C. D. : the 
 
 said C. D. having been first sworn that 
 
 he had truly, distinctly and audibly in- 
 
 of {Residence, ■{ terpreted the contents of this affidavit to 
 
 and the deponent A. B. ; and that he would 
 
 addition (c). truly and faithfully interpret to the said 
 
 A. B. the oath about to be administered 
 
 to him : 
 
 Before me {&c. : see ante, No. 302.) 
 
 AB. 
 
 CD. 
 
 To the interpreter : Is that your name and handwriting ? 308. 
 
 You do swear that you well understand the French where the St 
 language [or other language of the foreigner"], and that unm^e^-'the^" 
 j'ou will truly and faithfully interpret to the deponent A. oath being inter- 
 
 ' deponent 
 
 (a) Braithwaite's Pr. 333. Braithwaite's Oaths in Chan. 37. The procedure in thia 
 case IS as follows, where the deponent is able to read and write ; the officer before whom 
 the affidavit is to be sworn should question the deponent, in writing, whether the sig- 
 nature placed beside the jurat is his name and handwriting, and give him the ordinary 
 form of oath to read ; he should then hand him the book, and administer the oath ; 
 pointing to the words of the oath as he proceeds ; the deponent must then kiss tlie book, 
 arid the ceremony is complete ; i6. As to the course where the deponent is not able to 
 read and write, see ib. 
 
 lb) It seems desirable, but is not, iu practice, considered essential, that the interpreter 
 should sign the affidavit : Braithwaite's Pr. 381, n. (a) ; Braithwaite's Oaths in Uhan. 
 35, n. (*). 
 
 (e) Ibid. If the interpreter does not sign the jurat, his place of residence and addi- 
 tion must be stated in the jurat. Immediately after the first occurrence of his name. 
 
 18 
 
274 
 
 FORMS AND PRECEDENTS OF 
 
 B. the oath about to be administered to him — So help 
 you God. 
 
 To the foreigner, through JJie interpreter : Is that your 
 name and handwriting ? 
 
 You swear that the contents of this affidavit by you 
 subscribed are true — So help you God. 
 
 ' Sworn at {State where, and when, as in 
 No. 302, ante, by the deponent A. B., 
 through the interpretation of C. D. : the 
 said C. D. having been first sworn that 
 he would truly and faithfully interpret 
 to the said A.B. the oath about to be ad- 
 ministered to him : 
 
 Before me {&c. : see ante. No. 302.) 
 
 A.B. 
 CD. 
 
 of [Residence 
 
 and 
 
 addition) 
 
 ■ 309. To the translator : Is that your name and handwriting? 
 
 SSS°n of * You do swear that you well understand the French lan- 
 ttie ^ayit into guage \or other language in which the affidavit is writ- 
 <»Be(o).' ™ ' * ten'\ ; and that the above written is a true translation in- 
 to the English language of the affidavit of A. B.-in the 
 French [Or as may be\ language thereunto annexed — So 
 help you God. 
 
 'C D., of {Residence and addition; as: No. 
 90 Bang Street, in the City of Hamilton, 
 notary public), was sworn at (State where and 
 when, as in No. 302, ante), that the above 
 written is a true translation into the English 
 C. D. ■{ language of the affidavit of A. B. in the French 
 [Or as may be] language thereunto annexed ; 
 and affixed together at the top thereof, under 
 the (notarial) seal of the said C. D., with his 
 name thereto subscribed : 
 Before me {<&c. : see ante, No. 302). 
 
 in English. 
 
 310. Subscribed with a seal, and sworn to by the above- 
 
 of?Htad^f iS* uamed A. B., at {State where and when, as in No. 312, 
 *«'Sil'?fh*°''''"' '^^^^^Jj through the interpretation of C. D. : the said C. D. 
 having been previously sworn that he had first translated 
 and explained to the said A. B., in the Hindoostanee lan- 
 guage, the contents of this affidavit ; that the said A. B. 
 perfectly understood the contents of this affidavit ; that 
 he the said C. D. would truly interpret the oath about to 
 
 (o) Where an affidavit is written in a foreign language, a translation into English, 
 Terined by a competent person, must he filed with the original : see Braithwodte's Oathn 
 in Cban.fSS, u. (A). 
 
PROCEEDINGS IN CHANCERY — EVIDENCE — OATHS, ETC. 
 
 275 
 
 be administered to the said A. B. ; and that the seal used 
 by the said A. B. was his own signet, wherewith he always 
 signed documents, according to the custom of his own 
 country : 
 
 Before me (cfcc. : see ante, No. 302). 
 
 To the deponent : Is that your mark ? 
 
 You swear that the contents of this affidavit unto which 311. 
 you have affixed your mark are true — So help you God. man'an'd j^t^^" 
 rSworn by the deponent A. B., at (State where the officer 
 
 , '' 1 J L ^ rt/^^ . V reads to hun the 
 
 where and when, as m Jyo. 302, ante), affidavit. 
 before me : I having first truly, distinctly 
 and audibly read over to him the contents 
 of this affidavit {If any exhibits are re- 
 ferred to in the affidavit, add : and ex- 
 plained to him the nature and effect of 
 the exhibits therein referred to) ; and he 
 appeared to understand the same: and 
 made his mark thereto in my presence. 
 {Signature and style of offixie : see ante, No. 302.) 
 
 The 
 
 mark 
 X 
 A. B. 
 
 of 
 
 To the witness : Is that your name and handwriting ? oaths^F^orat 
 You do swear that you have truly, distinctly and aud- where awitn^' 
 ibly read over the contents of this affidavit to the depo- rtttoa'ma^ka^" 
 nent A. B. (If any exhibits are referred to in the affidavit, """"• 
 add : and explained to him the nature and effect of the 
 exhibits therein referred to) ; and that he appeared to 
 understand the same, and made his mark to this affidavit 
 in your presence — So help you God. 
 To the marksman : Is that your mark ? 
 You do swear that the contents of this your affidavit 
 are true — So help you God. 
 
 f Sworn by the deponent A. B., at {State 
 where and when, as in No. 302, ante) : 
 C. D., the witness to the mark of the 
 said A. B., having been first sworn 
 that he had truly, distinctly and aud- 
 ibly read over the contents of this 
 affidavit to the deponent A. B. {If 
 any exhibits are referred to in the affi- 
 davit, add : and explained to him the 
 nature and effect of the exhibits 
 therein referred to), and that the 
 deponent A. B. appeared to under- 
 stand the same, and made his mark to 
 this affidavit in the presence of the de- 
 ponent C. D. : 
 ; Before me (<fcc. ; ant«, No. 302). 
 
 The mark of 
 
 X 
 
 A. B. 
 
 Witness to the 
 
 mark of the 
 
 said A. B. : 
 
 CD., 
 
 of {Residence 
 
 and addition). 
 
276 
 
 FORMS AND PRECEDENTS OF 
 
 313. 
 
 Oath with up- 
 lifted hand. 
 
 To the deponent : Is that your name and handwriting ? 
 
 To be uttered hy him : I, A. B., do solemnly and sincere- 
 ly declare that {State in what form and with what cere- 
 mony an oath will be binding ; as : holding up my right 
 hand, and declaring to the truth of this my affidavit, as I 
 shall answer to God at the great day of judgment), is a 
 form of oath that is most binding on my conscience; and 
 I do solemnly and sincerely declare that the contents of 
 this my affidavit are true (Bepeat the binding Jqrm ; as : 
 as I shall answer to God at the great day of judgment). 
 
 A. B. I Sworn before me {<Sso. : see ante, No. 302). 
 
 314. 
 
 Jurat of affidavit 
 swoni out of ju- 
 risdiction under 
 34 Vic., c. 14 (O). 
 (a). 
 
 Sworn, &c. (as in No. 302). 
 
 A. B., 
 A Commissioner for taking Affidavits in 
 and for the Courts of Ontario. 
 
 2. Or, 
 
 A. B., 
 
 A Commissioner authorized by the Lord 
 Chancellor to administer oaths in 
 Chancery in England at (Place where 
 affidavit sworn). 
 
 3. Or, Sworn at , this day of , before 
 
 me, A. B.,one of the Justices of the Court of , hav- 
 
 ing supreme jurisdiction in the Colony of . In tes- 
 timony whereof I have hereunto set my hand and affixed 
 my seal (&). 
 
 4. Or, Sworn before me, A. B., the Mayor (fir other Chief 
 Magistrate) of the City (Or Borough, or Town Corporate) 
 
 of , at the said City (or Borough, o&c.,) of , 
 
 this day of , 18 — . In testimony whereof I have 
 
 hereunto set my hand, and caused the common seal of the 
 said City (Or Borough, &c) to be hereunto affixed. 
 
 [L.S.] A. B., 
 
 Mayor (Or as may be) oj . 
 
 5. Or, Sworn before me, A. B., a Notary PubUc in and 
 
 for the [State of Michigan, Or as may 6e], at — '■ , in 
 
 the said State of Michigan, this day of , 18 — . 
 
 In testimony whereof I have hereunto set my hand and 
 affixed the seal of my office. 
 
 [L.S.] A. B., 
 
 Notary Public in and for 
 
 State of Michigan. 
 
 (a) Where the deponent is illiterate, &c., the jurats should be altered to suit the case, 
 as in preceding forms. 
 (&) See sect. 6 of Act. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE — AFFIRMATIONS. 277 
 
 6. Or, Sworn before me, A. B., Her Britannic Majesty's 
 Consul [Or Vice Consul, or Acting Consul, or Pro Consul, 
 
 or Consular Agent] at [the City of ], at the said 
 
 [City of ], this day of , &c. 
 
 A B., 
 Her Britannic Majesty's Consul, 
 
 {Or as may be) at . 
 
 2. Affirmations, Declarations and Affirmats thereto. 
 
 In Chancery. 
 
 {Title of cause or matter) 
 
 I, A. B., of {Place of residence and description or ad- 315. 
 dition), do solemnly, sincerely and truly affirm and declare ie?™ vlo." "li 
 that the taking of an oath is, according to my religious (O). ''y ™|L^°to 
 belief, unlawful, and I do also solemnly, sincerely and whose reUgious 
 truly affirm and declare as follows : ofan oatlt''"'^ 
 
 1. 
 
 2. 
 
 Affirmed {&c. : see post, No. 816). 
 
 unlawful* 
 
 To the affirmant : Is that your name and handwriting ? 316. 
 
 To be uttered by him : I, A. B., do solemnly, sincerely ^^"0° "^^ 
 and truly affirm and declare that the contents of this afflnnation (a). 
 affirmation by me subscribed are true. 
 4 -D J Affirmed before me, at {State where, and when, &c., 
 [as in No. 302 or 303, ante). 
 
 In Chancery. 
 
 {Title of cause or matter.) 
 
 1, A. B., of, tfcc, make oath and say, and I, C. D., of, (fee . 317. . 
 do solemnly, sincerely and truly affirm and declare that and"afflrmation. 
 the taking of an oath, &c. {as in form No. 315), and I, the 
 said C. D., do also solemnly, sincerely and truly affirm 
 and declare as follows : 
 
 And first I, the said A. B., for myself, say : 
 
 1. 
 
 2. 
 
 (a) Where the affirmant is an illiterate person, or blind, deaf, dumb, or a foreigner 
 unable to speak English, &c., the affirmation should be altered to suit the circumstances 
 in accordance with the preceding forms of jurata. 
 
278 FORMS AND PRECEDENTS OF 
 
 And I, the said C. D., for myself, say : 
 
 3. 
 
 4. 
 . T. (■ Sworn by the said A. B., and affirmed by the said 
 p'-p"4 C. D. (tfec; see preceding Fd-ms), at {litate where, 
 ' ( and when, as in No. 302, ante). 
 
 318. In Chancery. 
 &;«««- °' (^f^ort title of cause or matter.) 
 
 '•'''"■ This is the exhibit, marked A, referred to in the affi- 
 
 davit [Or, affirmation] of A. B. (and C. D.), sworn [Or, 
 affirmed] in this cause [Or, matter] before me {If not by all 
 the deportments or affirmants, add : by the said A. B.), this 
 
 day of , 18 — . 
 
 E. F., A Commissioner, &c. 
 
 310. We consent to this affidavit [Or, affirmation] being filed, 
 
 davit™' affijma- notwithstanding {Describe the defect ; as thus : the omis- 
 SSrithsfa^ding ^i°^ °^ "John" before "Jones" among the defendants' 
 omissions or un- names in the title thereof — Or, the officer before whom the 
 
 authenticated al- i , , , , i , • i n ^ i • j t 
 
 teratioM. same has been sworn has not authenticated the interlinea- 
 
 tion of the words " as I know," between the 8th and 9th 
 lines of page 2 thereof). 
 
 A. B., solicitor for the plaintiff [Or, defendant CD. 
 — Or, petitioner — Or,respondent — Or as may be]. 
 E. F., solicitor for the defendant G. H., (fee. 
 
 320. 
 
 Notice of filing 
 affidavit or affir- 
 mation. 
 
 In Chancery. 
 
 {Short style of cause.) 
 Take notice that 1 have this day filed an affidavit [Or, 
 affirmation] herein of A. B. [Or, an affidavit of each of the 
 following persons, namely : A.B., C. D. and E. F.,^c. — or 
 as may be]. 
 Dated, &c. 
 
 Yours, &c., 
 
 AB., 
 
 To Solicitor. 
 
 oticfofiite {Formal parts : see No. 320.) 
 tion to read an Take notice that the plaintiff [Or as may be] intends to 
 m^fon.'w"^^' read, on the hearing of the petition presented by him in this 
 
 filed. cause [Or, matter] on the , 18— [Or, of the motion to 
 
 be made in this cause [Or. matterl uursuant to the. nnticp. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE — AFFIDAVITS. 279 
 
 given on his behalf on the , 18—, or as maybe], the 
 
 affidavit [Or, affirmation] of A. B., filed in this cause [Or, 
 matter] on the , 18—. (Conclude as in No. 320.) 
 
 {ForviMl parts: see ante, No. 300.) 
 
 1. On , the day of , 18—, [before four 322. 
 
 o'clock in the afternoon— Or as may be—oi that day], I ^l^P^niS 
 served {Describe the person or persons required to be "' """'^ ("'• 
 served; as thus : 
 
 A. B., the defendant — Or, one of the defendants — 
 in this cause, 
 
 Or, A. B., who, by an order dated the day of 
 
 , 18 — , has liberty to attend the proceed- 
 ings in this cause [Or, matter]. 
 Or, A. B., in the order made in this cause [Or, mat- 
 ter], dated the day of , 18 — , named, 
 
 Or, A. B., of (Residence and addition). 
 
 Or, Mr. C. D., who acts as solicitor [Or, agent] in 
 
 this cause [Or, matter] for the plaintiff, die. 
 Or, each of the following persons, that is to say : 
 
 (1) A. B., one of the defendants in this cause ; 
 
 (2) Mr. C. D., who acts as solicitor in this cause 
 for the plaintiff; and (3) Mr. G. H., who acts as 
 agent in this cause for L. M., who, by an order 
 dated, (fee, has liberty to attend the proceedings 
 therein, 
 
 or as may be), with the notice of motion now shown to 
 me and marked A, by deKvering a true copy of the said 
 notice to, and leaving the same with (Describe the person 
 or j^ersons on whom, and where, service was effected; as 
 thus : 
 
 the said A. B., personally, at (State where), in the 
 
 (county) of , 
 
 Or, the said A. B., personally, at (State where), in 
 the (county) of , and the said C. D., person- 
 ally, at, <&c., 
 Or, each of the following persons, that is to say : (1) 
 the wife of the said A B., at his dwelling-house, 
 
 situate at (State where), in the (county) of ; 
 
 (2) the clerk of the said C. D., at the office of the 
 said C. D., situate at, <fee. ; and (3) the servant of 
 the said G. H., at the address for service of the said 
 G. H., situate at, &c.) 
 
 (a) Where service is effected on a solicitor, the service ia usually proved byhisodmis- 
 •ion of service endorsed on the notice of motion (see Ord. 48). If for any reason he de- 
 cline to give such admission, then an affidavit of service is necessary. 
 
280 FORMS AND PKECEDENTS OF 
 
 ( Where service effected on a solicitor in the cause who has 
 refused to give an admission, add :) at the time of eflfecting 
 such service as aforesaid, I demanded of the said A.B. an,. 
 admission of such service, but he refused to give any such 
 admission. 
 
 323. (Formal parts : see ante. No. 300.) 
 
 ^^\?i 1. On , the day of— , 18- [before four 
 
 decree or order, o'clock in the aftemoon — Or as may be — of that day], I 
 served (Describe the person or persons required to be 
 served ; as thus : 
 
 A. B., the defendant — Or, one of the defendants — in 
 this cause, 
 
 Or, A. B., who, by an order dated the day of 
 
 , 18 — , has liberty to attend the proceedings 
 
 in this cause [Or, matter]. 
 Or, A. B., who is named in the order dated the - 
 
 day of {order served), hereinafter mentioned. 
 
 Or, Mr. C. D., who acts as solicitor [Or, agent] in 
 
 this cause [Or, matter] for the plaintiff, Sc, 
 Or, each of the following persons, that is to say : (1) 
 A. B., one of the defendants in this cause ; (2) Mr. 
 CD., who acts as solicitor in this cause for the 
 plaintiff ; and (3) Mr. G. H., who acts as agent in 
 this cause for L. M., who, by an order dated, Sc, 
 has liberty to attend the proceedings therein, 
 (or as mAX/y he), with a decreee [Or, an order] made in this 
 
 cause [Or, matter], dated the day of , 18 — , and 
 
 now produced and shown to me and marked A, by deliver- 
 ing a (true) [Or an office] copy of the said decree [Or,. 
 order] to, and leaving the same vidth (Describe the person 
 or persons onwhom,and theplace where, service was effected^ 
 as in No. 322, ante). 
 
 2. At the time of the aforesaid service thereof, I showed 
 to the person [Or, to each of the persons] to whom such 
 true [Or office] copy of the said decree [Or, order] was 
 delivered, as aforesaid, the said original decree [Or, order] 
 duly passed and entered. 
 
 (If order endorsed with notice under Order 293 or Order 
 341, add :) 
 
 8. I further say that upon the copy [Or, upon each ot 
 the several copies] of the said decree [Or order] so served. 
 
 by me on the said as aforesaid was endorsed a 
 
 true copy of the notice endorsed on the said original de- 
 cree [Or, order], in the words following [" If you the with- 
 in named," &c.. Or, Take notice that if you desire, <fc'c.] 
 
PROCEEDINGS IN CHANCERY — EVIDENCE — AFFIDAVITS. 281 
 
 {If the copy served was an office copy, add :) 
 
 4. I further say that the said office copy [Or, each of 
 
 the said office copies] so served as aforesaid purported to 
 
 be authenticated by the signature of the Clerk of Records 
 
 and Writs of this Court {Or, Deputy Registrar of this 
 
 Court at ] at the foot thereof, and that each page 
 
 of the said office copy [Or, copies] was stamped with a 
 stamp similar to the one which I now look upon in the 
 margin of this affidavit. 
 
 {Formal parts : see ante, No. SOO.) 
 
 1. On , the day of ,18— [before four 324 
 
 o'clock in the afternoon— or as may be— of that day], I s*SicTof a^ 
 served {Describe the person or persons required to be p^*!*'""- 
 served ; as thus :) 
 
 A. B., the defendant — Or, one of the defendants — in 
 this cause. 
 
 Or, A. B., who, by an order dated the day of , 
 
 IS — , has liberty to attend the proceedings in this 
 cause [Or, matter], 
 Or, A. B., in the order made in this cause [Or, mat- 
 ter], dated the day of , 18 — , uamed. 
 
 Or, A. B., who is named in the note at the foot of the 
 
 petition hereinafter mentioned, 
 Or, Mr. C. D., who acts as solicitor [Or, agent] in 
 
 this cause [^Or, matter] for the plaintiff, cfec. 
 Or, each of the following persons, that is to say : (1) 
 A. B., one of the defendants in this cause ; (2) Mr. 
 C. D., who acts as solicitor in this cause for the 
 plaintiff; and (3) Mr. G. H., who acts as agent in 
 this cause for L. M., who, by an order dated, (&c., 
 has liberty to attend the proceedings therein, 
 or as may be), with the petition now produced and shown 
 to me, marked A, by delivering a true copy of the said 
 petition to, and leaving the same with {Describe the per- 
 son or persons on whom,, and where, service was effected, as 
 in No. 322, ante). 
 
 2. I farther say that upon the said cop3'^ [Or, upon each 
 of the said copies] of the said petition so delivered by me 
 
 to the said as aforesaid was endorsed a true oopy of 
 
 the notice endorsed on the said exhibit A, addressed to 
 {Name the parties), whereby they were informed that the 
 said petition would be heard on {State the time) at {State 
 the place), and that if they did not appear on the said 
 petition, at the said time and place, the Court might make 
 such order, on the petitioner's own showing, as should 
 appear just. 
 
282 
 
 FORMS AND PHECEDENTS OF 
 
 3. At the time of the aforesaid service thereof, I showed 
 to the person [Or, to each of the persons] to whom such 
 true copy thereof was delivered as aforesaid, the said 
 original petition, with the said notice thereon. 
 
 325. 
 
 Affidavit of 
 service of a 
 
 ™o«oi.To?de°r, in the afternoon— or 
 
 {Formal parts : see ante, No. 300.) 
 
 1. On , the dayof , 18 — [before four o'clock 
 
 ^>,-w^ V,. ^•^=. '^^ 'ff'^y ^^ — of that day], I served 
 
 <m a suWitute. [Degcriie the person or persons required to he served, as in 
 
 No. 322, ante), with a {Describe the notice or other docu- 
 ment served, as in No. 322 or 323, ante), by delivering 
 to, and leaving with {Nams of substitute), personally, at 
 
 {State where), in the (county) of , a true copy of the 
 
 said notice [Or as may be — see ante, Nos. 322, 323.] 
 
 2. State production of original order, as in par. 2 of No. 
 323, when applicable. 
 
 3. The said (substitute) is the person of that name who 
 is mentioned in the order made in this cause [Or, matter], 
 
 dated the day of , 18 — , now shown to me and 
 
 marked B, and at the time of the aforesaid service on 
 the said {substitute), I also served him with the last men- 
 tioned order, by delivering to and leaving with him a true 
 copy of such order, and I at the same time produced and 
 showed to him such original order duly passed and entered. 
 {If order served was endorsed under Orders 293 or 341, 
 add paragraph 3 of Form 323.) 
 
 326. 
 
 Affidavit of Ber- 
 vice where it is 
 necessary to ex- 
 hibit original 
 -oi paper served. 
 
 {Formalparts : see ante. No 300.) 
 1. I, , did on the day of 
 
 the above named ■ 
 
 with 
 shown to me, marked with the 
 to and leaving with the said - 
 said, at , in the County of - 
 
 - personally serve 
 a true copy of the now 
 
 letter ■ 
 
 by delivering 
 -, on the day last afore- 
 -, the said copy. 
 
 2. At the time of effecting such service I did produce 
 and show unto the said the original of the said pa- 
 per so served as aforesaid, and which said original 
 
 is marked as aforesaid with the said letter . 
 
 3. To effect such service I necessarily travelled 
 
 Sworn before me, &c. 
 
PROCEEDINGS IN CHANCERY — EVIDENCE — AFFIDAVITS. 283 
 
 In Chancery. 
 
 Between — A. B. and another PlaintiflFs, 327. 
 
 J AflSdavit of 
 
 «-ncl service of Notice 
 
 C. D. and others By Bill, f^^^er order 
 
 and 
 E. F., made a party in the Master's 
 office Defendants. 
 
 I. , of , in the County of (addition), make 
 
 oath and say as follows : 
 
 1. That I did on the day of , one thousand 
 
 eight hundred and , personally serve the above-named 
 
 E. F. with a true copy of the notice to encumbrancers in 
 this cause, now shown to me, and marked Exhibit A, by 
 delivering a true copy of the same to and leaving the 
 same with the said E. F., at , in the County of . 
 
 2. That I necessarily travelled miles to effect such 
 
 service as aforesaid. 
 
 Sworn, &c. 
 
 (Formal parts : see ante, No. 300.) 
 
 I, , of , in the County of , (addition), 328. 
 
 make oath and say : st™crof°decre. 
 
 That I did, on the day of ,personally serve ™do'f scSI' 
 
 the above named with the decree (Or order) of this n, referred to in 
 
 Honourable Court, made in this cause, bearing date the 
 
 day of — .under the seal of this Honourable 
 
 Court, whereby it was ordered, that (set out ordering part 
 of decree or order), by delivering to and leaving with the 
 
 said a true copy of the said decree, and at the 
 
 same time producing and showing to him the said origi- 
 nal decree duly passed and entered, on which copy, when 
 so served as aforesaid, was endorsed a memorandum in 
 
 the words following : " K you, the within named , 
 
 neglect to obey this decree (Or order) by the time there- 
 in limited, you will be Kable to be arrested by the sheriff, 
 and you will also be liable to have your estate sequestered, 
 for the purpose of compelling you to obey the same de- 
 cree, without further notice." 
 
 Sworn, &c. 
 ( When an office copt/ is served, see ante. No. 323.) 
 
 (a) Where service of the Appointment under Order 446— being the second part of 
 SchoiuJe T— is required to be proven, the aflidavit must be varied accordingly. 
 
284 
 
 FORMS AND PRECEDENTS OF 
 
 329. 
 
 Affidavit of 
 sei*Wce of 
 Injunction. 
 
 330. 
 
 Affidavit of 
 service of 
 Subpcena. 
 
 {Formal parts : see ante, No. 300.) 
 I, A. B., &c. 
 
 1. I did, on the day of , serve personally 
 
 the above named with a true copy of the writ of 
 
 injunction in this cause hereunto annexed, by delivering 
 
 to and leaving the said copy with the said at 
 
 , in the County of . 
 
 2. At the time of such service I exhibited to the said 
 
 the original writ of injunction in the cause, under 
 
 the seal of this Honourable Court. 
 
 3. To effect such service I necessarily travelled 
 
 mUes. 
 
 Sworn, &c. 
 
 {Formal parts : see ante, No. 300.) 
 1. I did, on the day of 
 
 -, at , serve 
 
 personally R S. and F. G., named in the annexed writ of 
 subpoena now shown to me and marked A, with the said 
 annexed writ of subpoena in this cause, by delivering to 
 and leaving with each of them, the said R. S. and F. G., 
 a true copy of the said subpoena, and I at the same time 
 exhibited to each of them the original writ of subpoena, 
 under the seal of this Honourable Court. 
 
 2. At the time of such service I paid to the said R. S. 
 
 and F. G. the sum of each as and for their witness 
 
 fees in this cause. 
 
 3. That to effect such services I necessarily travelled 
 miles. 
 
 Sworn, &c. 
 
 331. 
 
 Affidavit of the 
 execution of a 
 deed by an 
 attesting wit. 
 
 {Formal parts : see ante, No. 300.) 
 
 1. I was present on the day of ■ 
 
 , and saw 
 
 sign, seal and deliver the paper-writing or deed 
 dated, &c., produced and shown to me at the time of 
 swearing this my affidavit, and marked with the letter 
 
 2. The name or signature " " thereto set and sub- 
 scribed as the party executing the said deed, is of the 
 
 proper handwriting of the said , and the name 
 
 " " set and subscribed as the person witnessing the 
 
 execution thereof by the said is of the proper 
 
 handwriting of me, this deponent. 
 
 3. The said was at the time of the execution of 
 
 the said deed well known to me. 
 
 Sworn, &c. 
 
PEOCEEDINGS IN CHAJfCERY — EVIDENCE — AFFIDAVITS. 285 
 
 (Formal parts : see ante, Xo. 300.) 
 
 1. I am well acquainted with the handwriting of the 332. 
 defendant John Smith, having often seen him write. *Mcuuon°of a 
 
 2. The indenture dated, &c., and purporting to he made deed by a person 
 between the said John Smith, kc, produced to me at the 
 
 time of making this my affidavit, marked with the letter 
 , was, as I believe, duly executed by the said de- 
 fendant John Smith, and the name " John Smith," set and 
 subscribed at the foot of the said indenture, is of the pro- 
 per handwriting of the defendant John Smith. 
 
 3. I am also well acquainted with the handwriting of 
 John Roe, of, &c., and I say that the name " John Roe," 
 set and subscribed to the said indenture as the attesting 
 witness to the execution thereof by the said John Smith, 
 is of the proper handwriting of the said John Roe. 
 
 Sworn, &c. 
 
 (Formal parts : see ante, Xo. 300.) 
 
 1. That the several persons whose names are set forth 333. 
 in the first column of the said Schedule hereunder written, ^Martt of 
 
 •1 n t -imi'o T • •!■ Disbursements. 
 
 were served with a bubpcena ad lestificandum m this 
 cause, and in obedience to such subpoena they severally- 
 attended and were examined before ■, at . 
 
 2. That at the time they were so subpoenaed, they 
 severally resided at the places set forth in the second 
 column of the said Schedule, which places are distant from 
 
 aforesaid, the number of miles set forth in the third 
 
 column of said Schedule. That they were respectively of 
 the profession, business, or occupation mentioned in the 
 fourth column of said Schedule. That they were neces- 
 sarily absent from their respective places of residence, in 
 
 going to, staying at, and returning from aforesaid, 
 
 the number of dajs set forth in the fifth column of said 
 Schedule : And that I paid to each of the said witnesses, 
 for their travelling expenses and loss of time, the respec- 
 tive sums set forth in the sixth column of the said 
 Schedule. 
 
 3. That aQ the said witnesses were material and neces- 
 sary witnesses on behalf of the , and attended as wit- 
 nesses in no other cause. 
 
 {If fees are claimed for professional witness, add ;) 
 
 4. That A. B., named in the said schedule, so attended 
 to give, and did give, evidence as to matters in which he 
 had been engaged in his professional character as a [soli- 
 citor] Or to give, and did give, his professional opinion as 
 a [physician] upon certain matters in question in the said 
 cause. 
 
286 
 
 FORMS AND PRECEDENTS OF 
 
 {If fees are claimed for a party to the cause, add ;) 
 5. I did also attend and was examined in the said 
 
 cause, at aforesaid, as a witness on my own behalf, 
 
 and I was a material and necessary witness on my own 
 behalf, and 1 did not attend for the purpose of superin- 
 tending the conduct of the said cause, or for any other 
 purpose except to give evidence as a witness on my own 
 behalf, and I would not have so attended but for that 
 purpose. (State oiumber of days absent, and a/mount of 
 travelling expenses.) 
 
 No. of Miles 
 
 distant 
 from Place 
 of Exami- 
 nation. 
 
 Profes- 
 sion, 
 Business, 
 or Occu- 
 pation. 
 
 No. of 
 Days 
 
 Absent. 
 
 Amount paid 
 each Witness 
 for Travelling 
 Expenses and 
 Loss of Time. 
 
 CHAPTER VII. 
 
 334. 
 
 Formal parts of 
 Decree at hear- 
 ing^; 
 
 Decrees and Orders — Issuing and Enforcing, &;c. 
 Section I. — Formal parts of Decrees and Orders. 
 
 day of - 
 
 In Chancery. 
 
 [The Chancellor, 1 Tuesday, the — 
 
 or Y. C. B .] / A.D. 18—. 
 
 (Full style of cause.) 
 
 This cause coming on to be heard on the day 
 
 of , at the sittings of this Court, holden at the 
 
 Town of , for the examination of witnesses and 
 
 hearing of causes in presence of counsel for [all 
 parties] or for the plaintiffs and the defendants C. and D., 
 no one appearing for the defendant F. [against whom the 
 plaintifi's bill has been taken pro confesso. Or although 
 duly notified]. Upon opening of the matter, and upon 
 hearing read the pleadings, and upon hearing the evi- 
 dence adduced on the part of the plaintiffs and defend- 
 ants [other than the said F.], and what was alleged by 
 counsel aforesaid, [this Court did order that this cause 
 should stand over for judgment, and the same coming on 
 this present day for judgment,] 
 
 This Court doth, &c. 
 
PROCEEDINGS IN CHANCERY — DECREES AND ORDERS. 287 
 
 (Style of cause as in No. 334.) 
 
 This cause coming on to be heard this day (Or as may 335. 
 be) [on biU and answer against the defendant C. D., and v^r^V 
 by -way of motion for decree as against the defendant E. "^'"^ ""'*'''• 
 F.,_ Or by way of appeal from the report of the Master of 
 
 this Court at 2> in presence of counsel ((fee. as in 
 
 Form 334). Upon opening of the matter and upon hear- 
 ing read the pleadings [and the affida\dts of , and 
 
 the exhibits therein referred to, Or as may be], and upon 
 hearing what was alleged by counsel aforesaid, 
 
 This Court doth, &c. 
 
 (Style of cause as in No. 334.) 
 Upon motion made unto this Court (this day, Or as may 336. 
 be) by Mr. Y. Z., of counsel for the defendant C. D., in SdeTi^eln "' 
 presence of counsel for the plaintiffs, no one appearing for court.on motion. 
 the defendant S. P., though duly notified. Upon opening 
 of the matter, and upon hearing read, &c., and upon hear- 
 ing what was alleged by counsel aforesaid. 
 This Court doth, &c. 
 
 (Style of cause as in No. 334.) 
 Upon the humble petition of [A. B., Or the plaintiffs, Or 337. 
 as may be] presented unto this Court [this day, Or as may order made in " 
 6e]byMr. Y.Z., of counsel for the said petitioner, &c. counonpeti- 
 (Proceed as in Form SS6.) 
 
 In Chancery. 
 
 In Chambei-s. ) day, the day of , 338. 
 
 V. C. P . (a). I A.D. 18—. 
 
 Formal parts of 
 orders made in 
 / XT 77 . 7 /» \ Chambers when 
 
 (MuU style of cause.) opposite party 
 
 [Or, shortened style of cause, as the case may require.] 
 1. Upon the application of the above-named 
 
 appears. 
 
 (in presence of the solicitor for the above-named ), 
 
 and upon hearing read (the affidavits of , Or as may 
 
 be), and upon hearing the solicitors for the applicant and 
 the said , 
 
 2. It is ordered, &c. 
 
 3. And it is further ordered, &c. 
 
 (a) Where the order is made by a -Judge. 
 
288 FORMS AND PKKCEDENTS OF 
 
 339. [Formal parts : as in No. 338.) 
 
 ^Po'Jttl p^y 1- Upon the application of the above-named -, and 
 
 does not appear, upon hearing read the notice of motion and the admission 
 (Or affidavit) of service thereof, and [the affidavits, &c., Or 
 as may be], and upon hearing the solicitor for the appli- 
 cant, 
 
 2. It is ordered, &c. 
 
 340. In Chancery. 
 
 to X oSe- ' > tte day of -— , in the — year 
 
 closure with re- of the reign of Her Majesty Queen Victoria, 
 
 and in the year of our Lord 18 — . 
 
 Between — (Full style of cause.) 
 
 Whereas the above named plaintiff filed a bill in this 
 
 Court for the payment and satisfaction of the mortgage 
 
 security in the said Bill mentioned, and thereupon served 
 
 , the said defendant, as by of service now produced 
 
 appears, with an office copy of the said bill, on which 
 was endorsed the notice required by the General Orders of 
 this Court in that behalf; whereby the defendant [was] in- 
 formed, amongst other things, that the plaintifi^ claimed 
 that there was then due by the defendant for principal 
 
 money and interest, the sum of , and that the defend-* 
 
 ant [was] liable to be charged with that sum, with sub- 
 sequent interest and costs in and by the decree to be drawn 
 up, and that in default of payment thereof within six 
 calendar months from the time of drawing up the decree, 
 [his] interest in the property might be [sold Or foreclosed], 
 and [no answer or demurrer or note disputing such claim 
 of the plaintiff having been filed by the said defend- 
 ant within the time limited for that purpose by the said 
 notice. Or a note disputing such claim of the plaintiff 
 having been filed by the said defendant (6), ] as by the 
 
 appears ; it is thereupon ordered and decreed that 
 
 all necessary enquiries be made, accounts taken, costs 
 taxed, and proceedings had for redemption or [sale Or 
 foreclosure] {as the case may he), and that for these pur- 
 poses the cause is referred to the Master at . {In 
 
 decree for sale, add: and in case of a sale of the fnortgaged 
 premises in question, the same is to be by public auction, 
 tender or private contract, as to the said Master shall seem 
 best.) 
 
 (a) A praecipe decree can only be isaued by a Deputy Registrar, whsre the suit is be- 
 tween the original mortgagee and mortgagor.— See OnJ. 38. The Registrar, howeyer, 
 has more extended powers. See Ord. 486. Eirkpatrick v. HoweU, 22 Grt. 94. 
 
 (b) When a disputing note is filed, the defendant is entitled to 4 days notice of the 
 taking of the account. 
 
PROCEKDINGS IN CHANCEKT — DECREES AND ORDERS. 289" 
 
 In CKancery. 
 
 -the day of , in the thirty 341. 
 
 yearof the reign of Her Majesty Queen Victoria, SJeHLuTd by 
 and in the year of our Lord 18 — . Deputy Regis- 
 
 Between {Full style of cause!) derSS. Account 
 
 Whereas the above-named plaintiff Sled bill in *^™ 
 
 this Court for the payment and satisfaction of the fliort- 
 gage security in the said bUl mentioned, and thereupon 
 
 served , the said defendant, as by of service 
 
 now produced appears, with an office copy of the said bill, 
 on which was endorsed the notice required by the Gen- 
 eral Orders of this Court in that behalf : whereby the 
 
 defendant informed, amongst other things, that the 
 
 plaintiff claimed that there was then due by the defend- 
 ant, for principal money and interest, the sum of , 
 
 and that the defendant liable to be charged with 
 
 this sum, with subsequent interest and costs in and by 
 the decree to be drawn up, and that in default of pay- 
 ment thereof within sLk calendar months from the time 
 
 of drawing up the decree, interest in the property 
 
 might be sold, [and no answer or demurrer note dis- 
 puting such claim of plaintiff having been filed by the 
 said defendant- within the time limited for that purpose 
 by the said notice, Or a note disputing such claim of the 
 plaintiff having been filed by the said defendant] as by 
 the [books in the office of the Deputy Registrar of this 
 
 Court at ^] appears : And this Court having caused 
 
 an accoim.t of subsequent interest to be taken on the sum 
 
 of principal money secured by the indenture of 
 
 mortgage in the said bill mentioned, up to the day 
 
 of next, being the time appointed for payment as 
 
 hereinafter mentioned, [due notice of the taking of such 
 account having been first served on the said defendant, 
 
 as by appears], doth find the same amount to , 
 
 and having caused the costs of the plaintiff to be taxed, 
 
 doth find the same amount to , which said subsequent 
 
 interest and costs being added to the sum of so 
 
 claimed by the notice endorsed on the copy of the bill so 
 
 served on the defendant -, make together the sum of 
 
 , and upon the said defendant paying the said sum 
 
 of into the Bank at the in the , 
 
 between the hours of ten o'clock iu the forenoon and 
 
 one o'clock in the afternoon of the day of next, 
 
 to the joint credit of the plaintiff and the Accountant of 
 this Court : It is ordered that the said plaintiff do assign 
 and convey the said premises free and clear of all incum- 
 brances done by , and deliver up aU deeds and writ- 
 
 19 
 
290 FORMS AND PRECEDENTS OF 
 
 ings in custody or power relating thereto upon oath 
 
 to the said defendant, or to whom he may appoint ; but 
 in default of the said defendant making such payment 
 by the time aforesaid, it is ordered that the said premises 
 be sold by public auction, private contractor tender, with 
 
 the approbation of the Master of this Court at , who 
 
 is to settle the conveyance or conveyances to the purchaser 
 or purchasers, in case the parties differ about the same : 
 And it is ordered, that the purchaser or purchasers do pay 
 
 his, her or their purchase money into the Bank 
 
 of , in the , to the credit of this cause, sub- 
 ject to the further order of this Court; and that the 
 same, when so paid in, be applied in payment of what 
 has been found due to the said plaintiff ; together with 
 subsequent interests and subsequent costs, to be computed 
 and taxed by the said Master, and that the residue, if 
 any, be paid to the defendant {owner of equity of re- 
 deynption?) 
 
 Entd. page A. B., 
 
 Sale Book A. Dep. Regr. at . 
 
 342. In Chancery. 
 
 "10^0, toa°i' , the day of , in the thirty 
 
 ''^sta2'"undCT' y®*'^ ^^ ^^^ reign of Her Majesty Queen Victoria, 
 
 Order 38. and in the year of our Lord 18 — . 
 
 Between {Full style of cause.) 
 
 Whereas the above-named plaintiff filed bill in 
 
 this Court for the payment and satisfaction of the mort- 
 gage security in the said bill mentioned, and thereupon 
 
 served , the said defendant, as by of service 
 
 now produced appears, with an office copy of the said 
 bill, on which was endorsed the notice required by the 
 General Orders of this Court in that behalf; whereby the 
 
 defendant informed, amongst other things, that the 
 
 jjlaintiff claimed that there was then due by the defend- 
 ant, for principal money and interest, the sum of , 
 
 aad that the defendant liable to be charged with 
 
 this sum, with subsequent interest and costs in and by the 
 decree to be drawn up, and that in default of payment 
 thereof within six calendar months from the time of draw- 
 ing up the decree, interest in the property might be 
 
 foreclosed, and no answer or demurrer note disput- 
 ing such claim of the plaintiff having been filed fa) by the 
 said defendant within the time hmited for that purpose 
 by the said notice, as by the [books in the oflBce of the 
 
 (a) Where a disputing note is filed. See Form No. 341. 
 
PROCEEDINGS IN CHANCERY— DECREES AND ORDERS. 291 
 
 Deputy Registrar of this Court at ] appears : And 
 
 this Court having caused an account of subsequent interest 
 
 to be taken on the sum of principal money secured 
 
 by the indenture of mortgage in tlie said bill mentioned, 
 up to the day of next, being the time ap- 
 pointed for payment sis hereinafter mentioned, doth find 
 
 the same amount to , and having caused the costs 
 
 of the plaintiff to he taxed, doth find the same amount 
 
 to , which said subsequent interest and costs being 
 
 added to the sum of so claimed by the notice en- 
 dorsed on the copy of the biU so served on the defend- 
 ant , make together the sum of , and upon 
 
 the said defendant paying the said sum of into 
 
 the Bank at the in the , be- 
 tween the hours of ten o'clock in the forenoon and one 
 
 o'clock in the afternoon of the day of next, 
 
 to the joint credit of the plaintiff and the Accountant of 
 this Court : It is ordered that the said plaintiff do assign 
 and convey the said premises free and clear of aU incum- 
 brances done by , and deliver up aU deeds and 
 
 writings in custody or power relating thereto upon 
 
 oath to the said defendant, or to whom he may appoint ; 
 but in default of the said defendant making such pay- 
 ment by the time aforesaid, it is ordered that the said 
 defendant do stand absolutely debarred and foreclosed of 
 and from aU equity of redemption in and to the said 
 premises. 
 
 Entd. page A. B., 
 Foreclosure Book A. Dep. Regr. at . 
 
 account taken. 
 
 In Chancery, \ 
 In Chambers, j 
 
 the day of , A. D. 18 — . 343. 
 
 Between {Full style of cause.) _ SosStmSr^ 
 
 Upon the application of the above named plaintiff, and ^j'^^^'^^^'jl"' 
 
 upon hearing the solicitor for the applicant, and the are infants; 
 
 guardian wl litem for the defendant, and upon reading the "'''■"""''»'" 
 
 pleadings and affida^'its of : 
 
 1. And an account of interest having been taken upon 
 
 the principal sum of , up to the day hereinafter 
 
 appointed for payment the same amounts to , and 
 
 the plaintiffs costs having been taxed, including the costs 
 
 of the guardian of the infant defendant, at , the 
 
 said sums when added together make the sum of . 
 
 2. It is ordered that upon the said defendant paying 
 the said sum into the Bank at , be- 
 tween the hours of ten o'clock in the forenoon of the 
 day of next to the joint credit of the 
 
292 FORMS AND PRECEDENTS OF 
 
 plaintiff and the Accountant of this Court, the plaintiff da 
 assign and convey the mortgaged premises in question in 
 
 this cause to the defendant or to whom may appoint, 
 
 jfree and clear of all incumbrances done by , and 
 
 deliver up all deeds and writings in custody or 
 
 power relating thereto upon oath to the defendant or to 
 whom may appoint. 
 
 3. And it is ordered that in default of the defendant 
 making such payment by the time aforesaid, do- 
 stand absolutely debarred and foreclosed of and from all 
 right, title and equity of redemption of, in and to the said 
 mortgaged premises. 
 
 4. And this order is to be binding upon the infant de- 
 fendant unless shall within six months after 
 
 attain the age of twenty-one years, on being served with 
 notice hereof show unto this Court good cause to the con- 
 trary. 
 
 344. In Chancery, \ 
 Ef«¥ " °^^' ^ Chambers. J 
 
 bera for sale or J n /. » t-> -. o 
 
 foreclosure , the day 01 , AD. 18 — , 
 
 tenants are in- Between (Full style of cause.) 
 
 toate, with refer- j_ Upon the application of the above-named plaintiff, 
 and upon hearing the solicitor for the applicant, and the 
 guardian ad litem of the defendants (Or as the case may be), 
 and upon reading the pleadings and affidavits of , 
 
 2. It is ordered that the Master of this Court do 
 enquire and state whether a sale or foreclosure of the ■ 
 mortgaged premises in question in this cause would be 
 more beneficial for the infant defendant. 
 
 3. And it is ordered that all necessary enquiries be 
 made, accounts taken, costs taxed and proceedings had for 
 redemption, foreclosure or sale of the said premises, ac- 
 cording as the said Master may find foreclosure or sale 
 more beneficial. 
 
 4. And it is ordered that the said Master do allow to 
 the guardian of the infant defendant his costs of this suit, 
 pursuant to General Order 314, such costs to be paid by 
 the plaintiff, and added to his own. 
 
 5. And in the event of foreclosure, this order is to be 
 
 binding upon the infant defendant, unless shall 
 
 within six months after attain the age of twenty- 
 one years, on being served with notice hereof, show unto 
 this Court good cause to the contrary. 
 
 6. And in the event of a sale, it is ordered that the 
 same is to be by public auction, tender or private contract, 
 as to the said Master shall seem best. 
 
PROCEEDINGS IN CHANCEEY — ^DECREES AND ORDERS. 293 
 
 {Formal parts as in Nos. 334, 335, 338 or 339.) 345. 
 
 This Court doth order that the following accounts and oSSSrlT 
 enquiries be taken and made by the Master of this Court, {."."^^fi^'"!*/' 
 
 . -, \ . -J ' being: Schedule 
 
 that IS to say : J, mentioned in 
 
 1st. An account of the personal estate [not specifically !J?p°"*^„^t 
 bqueathed (a)] of A.B., deceased, the testator in the plead- 
 ings mentioned, come to the hands of, &c. 
 
 2nd. An account of the said testator's debts. 
 
 3rd. An account of the said testator's funeral expenses. 
 
 [4th. An account of the said testator's legacies (a).] 
 
 5th. An enquiry, what parts, if any, of the said testa- 
 tor's personal estate are outstanding or undisposed of. 
 
 And it is ordered that the said testator's personal estate 
 [not specifically bequeathed (a)] be applied in payment of 
 his debts and funeral expenses, in a due course of adminis- 
 tration [and then in payment of his legacies (a).] 
 
 (Ij ordered^ 
 
 And it is ordered that the following further accounts (2) Eeaity. 
 and enquiries be taken and made, that is to say : 
 
 6th. An enquiry what real estate the said testator was 
 seized of or entitled to at the time of his death. 
 
 7th. An enquiry what incumbrances affect the said tes- 
 tator's real estate. 
 
 8th. An account of the rents and profits of the said tes- 
 tator's real estate received by, &c. 
 
 {If sale ordered.) (b) 
 
 9th. An account of what is due to such of the incum- (3)Saie of realty. 
 brancers as shall consent to the sale hereinafter directed 
 in respect of their incumbrances. 
 
 10th. An enquiry what are the priorities of such last- 
 mentioned incumbrances. 
 
 And it is ordered that the testator's real estate be sold 
 by public auction, private contract or tender, with the 
 approbation of . 
 
 11th. And the said Master is to enquire and state :who (4) Enquiry aa 
 are the persons entitled to share in the said [real and] per- t^^^^ue, &c 
 sonal estate of the said testator, and in what proportions (c). 
 
 (a) These words are of course omitted in case of intestacy, and the word " intestate" 
 must be sai»stituted for "testator." 
 
 (b) A sale is not usually ordered in the first instance 
 
 (c) These clauses, though not in Schedule J, are now usually inserted in admin- 
 istration orders. If sale is not ordered, clauses H, 12 and 13 follow 6th clause above, 
 if administration of personalty alone ordered ; or the 8th clause, if the order embrace 
 the realty also. 
 
294 
 
 FORMS AND PRECEDENTS OP 
 
 12th. And it is ordered that the further directions and 
 costs be reserved, until after the said Master shall have 
 made his report. 
 
 13th. And it is ordered that the said Master do make 
 his report within six months from the date hereof (a). 
 
 346. 
 
 Fropused 
 minutes ol a 
 decree or order. 
 
 In Chancery. 
 
 {Short title.) 
 Proposed minutes of decree [Or, order]. 
 Cur. — Declare as follows 
 
 1. That, &e. 
 Order as follows : . ^^^ ^^^ ^^^^ ^^^^ ^ 
 
 2. That, &c. ) ' 
 
 Approved : 
 
 A. B., for the plaintiff, &c 
 
 {Set out the proposed decla- 
 rations and directions u 
 
 347. 
 
 Registrar's 
 appointment to 
 settle draft of, 
 or to pass, a 
 decree or order. 
 
 Section II.- 
 
 In Chancery. 
 
 I appoint 
 
 -Drawing up, Passing, and Entering 
 Decrees and Orders. 
 
 A. V. B. 
 
 (Or, In the matter of A.) 
 
 — , the day of , 
 
 18- 
 
 at 
 
 o'cloqk in the forenoon, to settle the minutes of [Or, to 
 pass] the decree [Or, order] pronounced in this cause [Or„ 
 
 matter] on the day of . 
 
 C. D., Registrar. 
 
 348. 
 
 Notice of mo- 
 tion to vary 
 minutes. 
 
 (Formal parts : see post. No. 382.) 
 on the part of the plaintiff [Or, defendant A. B.], that the 
 minutes of the decree [Or, order] pronounced in this cause 
 
 [as may he\, on the day of , 18 — , as settled by 
 
 the Registrar, may be vaiied or altered in the respects 
 following, namely : (Specify the particular matter to he 
 added, or altered). And take notice (as in No. 382). 
 
 349. 
 
 Notice of mo- 
 tion to return 
 engrossment of 
 decree or order- 
 
 (Formal parts : see post _ No. 384) 
 on the part of the plaintiff, that Mr. A. B., the solicitor in 
 this cause for the defendant C. D. [Or as may be], may be 
 
 ordered, within days, to produce to, and leave with, E.. 
 
 F., Esquire, the Registrar of this Honourable Court, the en- 
 
 (a) Tiie 11th and 13tli clauses, though not in Sehedule J, are now usually inserted ini 
 administration orders. 
 (!>) See Ords. 10 and 696. 
 
■PROCEEDINGS IN CHANCERY — DECREES AND ORDERS. 295 
 
 grossment prepared in the office of the said Registrar of 
 the decree [Or, order] pronounced in this cause [as may be] 
 
 on the day of , 18 — , to the intent that the 
 
 same may be duly passed and entered ; and that the said 
 A. B. may be ordered to pay the costs of this application. 
 And take notice (as in No. 382). 
 
 (Formal parts : see post, No. 384.) 
 on behalf of the plaintiff [Or as may be] that the decree [Or, 350. 
 order] made in this cause[Or, matter — as may he], dated the HOTTomS?' 
 , 18 — , and which has been passed by the Registrar, decree or order 
 
 ,''- r' J b> nunc pro tune. 
 
 but not yet entered, may be entered nunc pro tunc. And 
 take notice (as in No. 382.) 
 
 In Chancery. 
 
 (Shortened style of cause.) 
 
 Take notice, that unless you, within days after the . 351. 
 
 service thereof upon you, show unto the Court of Chan- infaLT after'" 
 eery for Ontario, good cause why the within decree [Or, 3e?o*rdOT636 
 order] should not be binding upon you, you will be bound Mng schedule 
 by the said decree [Or, order], and the same will stand thkt order, to be 
 and be absolute against you. o?d°e"rel"" ""^'^ 
 
 Dated, &c. 
 
 G. R., 
 Solicitor for the Plaintiff. 
 
 Title — and address : see post, Nn. 387. 
 
 The humble petition of the defendant A. B. 352. 
 
 Showeth as follows : _ ^^^^X 
 
 1. The plaintiff some time since filed his bill in this Jendant, for 
 
 .^ .... tjt 1 ill 11 leave to coiLe m 
 
 cause against your petitioner, and thereby stated, as the after decree: 
 fact was, that your petitioner was then out of the juris- sentta^ °™' 
 diction of this Honourable Court. 
 
 2. Tour petitioner has never answered the said biU. 
 
 3. A decree dated the day of , 18 — , has been 
 
 made on the hearing of this cause, and therebj^ certain 
 accounts and enquiries have been directed to be taken and 
 made ; but the Master has not yet made his report of the 
 result thereof [Or as may be']. 
 
 4. Your petitioner is now resident within the jurisdic- 
 tion of this Honourable Court, and is desirous to attend 
 the proceedings under the said decree. 
 
296 
 
 FORMS AND PBECKDENTS OF 
 
 5. Your petitioner submits to be bound by the said de- 
 cree, and the several proceedings already had in this cause. 
 Your petitioner therefore humbly prays, that 
 he may be at liberty to appear in this cause ; 
 and that he may have the like benefit of the 
 said decree, and be at liberty to attend all 
 subsequent proceedings in this cause, as if he 
 had appeared at the hearing thereof 
 
 And your petitioner wiU ever pray, &c. 
 
 come in after 
 decree. 
 
 353. {Formal parts : see post. No. 384.) 
 
 ^Notice of mo- n t t i^ t -r-»i 
 
 tion for leave to ou the part of the defendant A. B., that : upon the said 
 defendant submittmg to be bound by the decree dated 
 
 the day of , 18 — , and the several proceedings 
 
 already had in this cause : he may be at liberty (Continue 
 as in prayer of last Form to the end), and take notice on, 
 &c., as in No. 382. 
 
 Section III. — Enrolment of Decrees and Orders. 
 354. In Chancery. 
 
 Pisecipetoenrol /C7jjt j! \ 
 
 proceedings. (iShort Style OJ CaUSe.) 
 
 Enrol the decree made in this cause on the day 
 
 of . 
 
 Dated, &c. 
 
 A. B., 
 Plaintiff's Solicitor, 
 To the Clerk of Records and Writs. 
 
 355. 
 
 Caveat a^;aiust 
 the enrfilment 
 of a decree or 
 order> 
 
 In Chancery. 
 
 {ShoH title.) 
 
 Enter a caveat against enrolling the decree [Or, order] 
 
 made by his lordship the , dated the day of , 
 
 18—. 
 
 Dated this day of , 18 — . 
 
 (Name, &c., of solicitor or party applying) 
 To the Clerk of Records and Writs. 
 
PROCEEDINGS IN CHANCERY— DECREES AND ORDERS. 297 
 
 Section IV. — Rectifying Decrees and Orders. 
 
 'Title — and address : see post, No. 387. 
 
 The humble petition of the plain tiflf [Or as may be! 356. 
 
 Showeth as follows : t^aS-en^rSe 
 
 1. By the decree \_0r, by an order] made in this cause, (")• 
 
 dated the day of , 18 — , it was decreed (^c. ; &et 
 
 out so much of the decree or order as is matenal to the sub- 
 ject matter of the petition). 
 
 2. The said decree [Or, order] has been duly entered in 
 the Registrar's book. 
 
 3. Since such entry was made, your petitioner has dis- 
 covered that the said decree [Or, order] omits to (State 
 omission required tn he rectified). 
 
 Your petitioner therefore humbly prays, that the 
 said decree [Or, order] may be rectified or cor- 
 rected by {State in tvhat respect). {Conclude as 
 in No. 388). 
 
 Section "V. — Enforcing the Execution of Decrees and 
 
 Orders. 
 
 1. Service of the decree or order. 
 
 In Chancery. 
 
 {Short style of cause.) 
 K you, the within named A. B., neglect to obey this 357. 
 order by the time therein limited, you will be liable to be to be^endoS 
 arrested by the sheriff, and you will also be liable to have decree o°r°OTde'r* 
 your estate sequestered, for the purpose of compelling you for service in 
 to obey this order without further notice. If you wish to under order 293, 
 apply to the Court, to add to, vary, or set aside the said Sr^ftoed^toln 
 order, or to suspend the operation thereof, you must do so *''=■* °''^^^- 
 before the expiration of the time within limited. 
 To A. B., the within named Defendant. 
 
 W.B., 
 Plaintiff's Solicitor. 
 
 In Chancery. 
 
 {Short style of cause.) 
 If you, the within named {Insert name of corporation), 358. 
 neglect to obey this order by the time therein limited, you ^/po^tion * 
 will be liable to have your lands and tenements, goods aggregate. 
 
 (a) If the decree or order is not drawn up in accordance with the judgment of the 
 Court, or there be any clerical error or mistake arising from an accidental slip or omis- 
 sionj it may be amended in Chambers on petition. See Ord. 3S5. 
 
298 FOEMS AND PBECEDENTS OF 
 
 and chattels, distrained upon, and to have your estate- 
 sequestered, for the purpose of compelling you to obey thia 
 order (Conclude as in JVo. 357). 
 
 To the W. X. Co., the within named Defendants. 
 
 A. B., 
 
 Plaintiff's Solicitor. 
 
 359. (Formal parts : see post, No. 382.) 
 
 tiou^'t^o enSrge on the part of the plaintiff [Or as 'may be"], that the time 
 
 byld"c?cl'?rof- limited by the decree [Or, order] dated the day of 
 
 derto obey same. ^ jg — , for the defendant A. B. [Or as may be'] to 
 
 {Beserihe the act directed to be done by the decree or order; 
 as thus: pay into the bank, with the privity of the Account- 
 ant General, to the credit of this cause, the sum of . 11,000), 
 
 pursuant to the decree [Or, order] dated the day 
 
 of , 18 — , may be enlarged to the day of 
 
 ■ , 1 8 — , or days after the service thereafter 
 
 of the order to be made hereon [Or as nnay fee]. And 
 take notice that on, &e. (Conclude as in No. 382.) 
 
 360. (Formal farts : see post. No. 384.) 
 
 time, where none on the part of the plaintiff [Or as may be\, that the de- 
 ^iiSe^ed' fendant A. B. [Or as may be] may be ordered, on or before 
 
 the day of , 18 — , or within days 
 
 after the service thereafter, to (Describe the act to be 
 done ; see description in last Form), pursuant to the de- 
 cree [Or, order] dated the day of , 18 — . 
 
 And take notice that on, &c. (Conclude as in No. 382.) 
 
 tuted service of 
 a decree or order. 
 
 361 (Formal parts : see post, No. 384.) 
 
 tionfor°sSi- On the part of the plaintiff [Or as may be], that service of 
 
 the decree [Or, order] dated the day of , 
 
 18 — , together with a copy of the order to be made here- 
 on, upon (Describe the proposed substitute ; as thus : C. 
 D., of (Residence and addition — Or, C. D. and E. F., 
 members of the firm of D. & F., of (Place of business and 
 addition), or upon either of them) — may be deemed good 
 service on the defendant A.B. [Or as may be]. And take 
 notice, <fec., as in No. 382.) 
 
PROCEEDINGS IN CHANCERY — DECR'-.ES AND ORDERS. 299 
 
 {Formal parts : see ante, JS^o. 300.) 
 
 1. Shoiu what effoHs have been made to effect personal ^^^^P?- 
 service oj the decree or order ; and why it cannot he support. 
 effected. 
 
 2. Show upon what ferson, or in tvhat way, substituted 
 service is proposed to be made ; and the special grounds 
 for selecting such person, ^c. 
 
 3. Show means of knowledge. 
 
 {Formal parts -see ante, No. 300.) 
 
 1. On the day of , 18 — , I served, in 363. 
 
 manner hereinafter mentioned (i)eser'i6e the person served; semceof "decree 
 as thus : the defendant A. B.—Or, C. D., the person il^'MaJSr 
 
 named in the order dated the day of , or Master's 
 
 18 — , hereinafter mentioned), with the decree [Or, order] of default made. 
 
 made in this cause [Or, matter], dated the day of 
 
 , 18 — , now shown to me, marked A. (If more than 
 
 one decree or order was served, add : and also with thedecree 
 [Or, order] made) ^c, by, ^c, dated, ^c, now shown to me 
 and marked B. — If on a substitute, add : and also with the 
 
 order made in this cause dated the day of , 
 
 18 — , now shown to me marked C. — Where the amount 
 to be paid has been ascertained by the Taxing officer or 
 Master s certificate, subsequently to the order directing 
 payment, add : and also with the certificate of G. H., 
 Esquire, the Taxing officer of this Court [Or, of R M., 
 
 Esquire, Master], dated the day of , IS — , 
 
 now shown to me and marked D., by delivering a true 
 copy thereof [Or, of each of them] to, and leaving the 
 same with, the said defendant A. B. [Or as may 6e], at 
 
 {State where), in the (County) of ; and I at the 
 
 same time showed to him [Or, her] the said original de- 
 cree [Or, order — or as may be] duly passed and entered 
 [Or, an office copy of the said decree (or as may be) — If 
 so : and also the original [Or an office copy of ] the said 
 certificate duly signed by the Master or Taxing officer. 
 
 2. The copy [Or, each copy] served as aforesaid of the 
 said decree [Or, order, ^a.] had endorsed thereon, at the 
 time of the aforesaid service thereof, a memorandum in 
 the words following, that is to say : (Set out a copy of the 
 memorandum) . 
 
 Prove that the decree or order has not been oleytd. 
 
these orders. 
 
 300 FORMS AND PRECEDENTS OF 
 
 364. To A. B. (fhe person upon whom service has been 
 
 copy decree, WlTeCteCl,) 
 
 .^SlJ^Sci ,, ., {Set out the order) _ 
 
 245, being If yoT] "wish to apply to discharge the foregoing order, 
 
 nfentioned in Or to add to, Vary, or set aside the decree, you must do 
 so within fourteen days from the service hereof. {Where 
 the order fixes the time for the further proceedings, add ;) 
 And if you fail to attend at the time and place appointed, 
 either in person or by your solicitor, such order will be 
 made and proceedings taken, in your absence, as may 
 seem just and expedient ; and you. wiU be bound by 
 the decree, and the further proceedings in the cause, in 
 the same manner as if you had been originally made a 
 party to the suit, without any further notice. 
 
 365. In Chancery, i 
 TXe^y^^- in Chambers. ( {Date.) 
 
 ^""^'^^^'S^' ' {Shortened style of cause.) 
 
 Master under Whereas it appears m the prosecution of the decree 
 
 . rder 244. madc' in this cause, bearing date the day of , 
 
 that E. J. and G. H., not already parties to this suit, ought 
 to be made parties, and ought to attend, or be enabled to 
 attend, the proceedings in the Judge's Chambers (Or, in the 
 
 office of the Master at ), under the said decree. 
 
 It is ordered that an office copy of the said decree, on 
 which is to be endorsed a notice to the effect set forth in 
 Schedule L, in the Consolidated General Orders of the 
 Court of June, 1868, be served, together with a copy of 
 this order, on each of the said E. J. and G. H. ; and upon 
 such service they are to be treated and named as parties 
 to this suit, and moU be bound by the said decree in the 
 same maimer as if they had been originally made parties 
 to this suit. Dated, &c. 
 
 R P. S. 
 R. C. C. 
 
 {Or K. S., Master at 
 
 — ots the case may be), 
 
 366. In Chancery. 
 
 Notice to tenant (l^i!tl/,\ 
 
 to attorn to K.-'- "■'"•/' 
 
 .Bcqueatrators. We, A. B. and C. D., the sequestrators acting under the 
 
 sequestration issued in this cause on the day of , 
 
 18 — , against (the defendant) E. F., hereby give you 
 notice and require you to attorn and become tenant to us 
 for {Describe the profeHy ; as thus : all that farm called 
 The Bourne, situate at , in the county of ), and 
 
PROCEEDINGS IN CHANCERY — DECREES AND ORDERS. 301 
 
 for such other part or pai'ts of the real estate of the said 
 E. F. as is or are in your occupation ; and to pay to us 
 your rent in arrear and growing rent for the said pre- 
 mises. Dated this day of , 18 — . 
 
 A. B. 
 
 C. D. 
 To G. H., of {Residence and addition). 
 
 Tn Chancery. 
 
 (Title.) 
 I, G. H., of [Residence and addition), attorn and become 367. 
 tenant to A. B. and C. D., the sequestrators acting under ^ctS™' 
 
 the sequestration issued in this cause on the day of 
 
 , 18 — , against (the defendant) E. F., for all that {De- 
 scribe the property ; see description in last Form), with 
 the appurtenances, as the same are now in my occupation : 
 to hold the same at and under the same rent, and subject 
 to the same covenants and conditions, as I now hold the 
 same. And I have this day paid to the said A. B. and C, 
 D. the sum of (one dollar) for and on account, and in 
 
 part payment of the said rent. Dated this day 
 
 of , 18—. 
 
 Witness: G. H. 
 
 L. M., of {Residence and addition). 
 
 {Formal parts : see post, No. 384 ) 
 on the part of the plaintiff [Or a^ may he], that G. H., of ^^^^^368.^^ 
 (Residence and odAition), may be ordered within (eight) tion for tenant 
 
 \ „, . , , / T T J. i. r J.1 to attorn. 
 
 days after service, to attorn and become tenant tor tne 
 {Describe the property : see ante, No. 366), and pay his 
 rent in arrear and growing rent for the same to A. B. and 
 C. D., the sequestrators acting under the sequestration 
 
 issued in this cause on the day of , 18 — , 
 
 against the defendant E. F. And take notice (as in No. 
 382). 
 
 369. 
 
 support. 
 
 {Forinal parts : see ante, No. 300.) 
 
 1. Prove service of the notice to attorn: see ante, No. 
 
 Qgg Affidavit in 1 
 
 If the service was personal, prove production of the '"'""" 
 sequestration ; as thus : 2. At the time of the service 
 aforesaid of the said notice, I showed to the said {Tenant's 
 name) the writ of sequestration in the said notice men- 
 tioned or referred to, now shown to me and marked A. 
 
302 FORMS AND PRECEDENTS OF 
 
 If the service was not personal, prove service of the 
 sequestration ; as thus : 2. At the time of the service 
 aforesaid of the said notice, I served the said (Tenant's 
 name) with the writ of sequestration therein mentioned 
 or referred to, and which is now shown to me and marked 
 A, by delivering to, and leaving with, the said (State 
 whom), a true copy of the said writ, and of the endorse- 
 ment thereon ; and I at the same time showed to the said 
 {State whoin), the said original writ. 
 
 3. Prove service of the notice of Tnotion to attorn : see 
 ante, No. 368. 
 
 _ 370. {Formul parts : see post, N'o. 384.) 
 teaequeSratorathat A. B. and (J. D., the Sequestrators acting under the 
 to account, sequestration issued in this cause on the day of- 
 
 18 — , against the defendant E. F., may be ordered to leave 
 their accounts in the chambers of the Master at — '—\_0r 
 
 as m.ay be}, on or before the day of ,18 — , or 
 
 within (eight) days after service, and at such other times 
 as the Master shall appoint ; and to pay the balances ap- 
 pearing due on their accounts, or such part thereof as the 
 said Master shall certify as proper to be paid by them, into 
 Court, to the credit of this cause, within ten days (ex- 
 clusive ot vacations) after the said Master's certificate of 
 the result of such accounts respectively shall become ab- 
 solute, or at such other periods as he may be directed. 
 And take notice (as in No. 382.) 
 
 . 371 {Formal parts : set post, No. 384.) 
 
 tionforanex- on the part of G. H., of {Residence and addition), that an 
 
 Sesl^"^" enquiry may be made whether the said G. H. has any and 
 
 me? fe™' "'''*■ ^^^^ interest in th e real and personal estate [ Or as may he}, 
 
 sequestered by A. B. and C. D., the' sequestrators acting 
 
 under the sequestration issued in this cause on the 
 
 day of , 18 — , against (the defendant) E. F. or in 
 
 any or what part thereof And take notice that on, &c. 
 {Conclude as in No. 382.) 
 
 Special Contempts. 
 
 . 372. , {Formal parts : see post. No. 884.) 
 ^y aS^offlS?!'""' on the partof A. B., of {Residence and addition), one of the 
 to'b^/aSchiJgcT solicitors of this Honourable Court [Or as may 6e], that, on 
 ^SeTrSted the groundof privilege he may be discharged out of the 
 lom airest. custodj 01 the bherifl 01 [Or as may be], in respect 
 
PEOCEEDINGS IN CHANCERY— DECREES AND ORDERS. 30S 
 
 -of an attachment issued against him on the day 
 
 ^^ ; — . 18 — , for breach of the order dated the 
 
 day ot , 18 — , in not {describe act of disobedience 
 
 Jar which attachment issued), the said A. B. having been, 
 at the time of the arrest, on liis way to attend the hear- 
 ing of this cause at, &e., as solicitor on behalf of, &c. [Or 
 ag may he\ 
 
 And that the said C. D, and E. F, Esquire, the said 
 Sheriff, and G. H., his olhcer, may be ordered to pay to 
 the said A. B. his costs occasioned by the execution of the 
 .said attachment, and of this application and consequent 
 -thereon. And take notice {Conclude as in No. 382). 
 
 Section- YI. — Decrees nisi — making absolute — and 
 Motions to set aside. 
 
 Take notice, that if you the within named defendant, 373. 
 ■C. D., desire to move to set aside the within decree, or to SS^nd'cTi 
 obtain permission to answer the plaintift's bill, application ' ' ' 
 for that purpose must be made to the Court within [three 
 weeks (a) ] after the day of the service hereof on you, 
 otherwise the plaintiff will be at liberty forthwith there- 
 after tn move to make the within decree absolute against 
 you without further notice. 
 
 . msi. 
 
 Dated, &c. 
 
 A. B., 
 
 Plaintiffs Solicitor. 
 
 (For'mal parts : see pest, 388.) 
 
 1. That the plaintiff filed his bill of complaint in this 374. 
 cause on the day of , for {Stating shortly the oh- \!^Z^^t. 
 
 jeCt of the suit). decree nisi and 
 
 2. At the time of the filing of the said bill, and from swer. 
 
 thence until the day of last, your petitioner was 
 
 residing at , and your petitioner did not at any time 
 
 -during the said period knowingly or wilfully conceal his 
 residence, or attempt to evade service upon him of the 
 said biU. 
 
 3 . UntU the day of last your petitioner never 
 
 had any knowledge of the filing of the said bill. 
 
 4. The plaintiff on or about the day of applied 
 
 for and obtained an order in this cause, authori2;ing him 
 
 <o) See Ord. 115. 
 
304 FOEMS AND PRECEDENTS OF 
 
 to effect service of the said bill on your petitioner by pub- 
 lication [Or, substitutionally by serving A. B., of ],. 
 
 and afterwards effected service pursuant to the said order ;, 
 but your petitioner never «aw or heard of the advertise- 
 ment published by the said plaintiff pursuant to the said 
 order [Or, the said A. B. never informed your petitioner 
 of his having been served], and the fact of such service 
 having been made pursuant to the said order was un- 
 known to your petitioner until the day of . 
 
 5. A decree nisi was afterwards pronounced by this- 
 
 Honourable Court in this cause, on the day of— — ,. 
 
 whereby it was decreed {State shortly effect of decree). 
 
 6. Here set out concisely the- nature of the petitioner's- 
 defence to the suit, and conclude : and your petitioner is ad- 
 vised and believes that he has a good defence on th& 
 merits to this suit — Or, your petitioner is advised and be- 
 lieves that he will be seriously prejudiced if the said de- 
 cree be allowed to stand ; and your petitioner submits that 
 if he be allowed to set up and prove the facts hereinbefore 
 alleged, the said decree will be materially varied and 
 modified. 
 
 Your petitioner, therefore, humbly prays : 
 
 1. That the said decree may be vacated and 
 set aside, and that your petitioner may be let in 
 to answer the plaintift's biU upon such terms as- 
 to costs and otherwise as to this Honourable 
 Court shall seem just. 
 And your petitioner will ever pray. 
 
 An affidavit can be readily fra-med from the foregoing- 
 petition. 
 
 CHAPTER VHL 
 
 Trials of 'Questions of Fact and Assessments of 
 Damages. 
 
 Section I. — Trials and Assessments before the Court 
 itself with or without a Jury. 
 
 375. (Formal parts : see ante 334 et seq.) 
 
 tiM of questions 1. It is Ordered that the following questions of fact be- 
 totoetL'co"S tried by a jury, before His Honor the Vice-ChanceUor S., 
 
 Itself. at on the day of, &c., namely : — 
 
 1. Was the plaintiff, J. Y., the true and first inventor 
 of the invention for which the letters patent of the 
 17th day of October, 1850, in the bill in this cause 
 mentioned, were granted to the said J. Y. ? 
 
PROCEEDINGS IN CHANCEKT — QUESTIONS OF FACT. 305 
 
 2. Was the said invention new within the Dominion 
 of Canada, at the date of the said letters patent ? 
 
 3. Did the specification, enrolled in pursuance of the 
 said letters patent, particularly describe and ascer- 
 tain the nature of the said invention, and in what 
 manner the same was to be performed ? 
 
 4. Have the defendants, or any or either of them, 
 wrongfully, and in contravention of the said lettera 
 patent, used the said invention ? 
 
 •2. And it is ordered that such questions be tried by a 
 special jury. 
 
 3. And it is ordered that the plaintiffs do, forthwith, 
 deliver to the solicitors for the defendants, particulars iii 
 writing of the breaches on which they intend to rely on 
 the trial of such questions ; and that the defendants do, 
 within five days of the delivery of the particulars of 
 breaches, deliver to the solicitors for the plaintifis parti- 
 culars in writing of the objections on which the defend- 
 ants intend to rely on the trial of the same questions. 
 
 4. And it is ordered that the parties be at liberty to 
 read the depositions and examinations, made and taken in 
 this cause, of such of the witnesses as, upon the trial of the 
 said questions, shall be proved to be dead, or unable ta 
 attend to be examined : saving all just exceptions. 
 
 {Formal parts : see ante, No. 334 et seq.) 
 
 1. This Court doth (by consent) order, that the said 376. 
 order of the 21st day of December, 1863, be varied, so g^^^^en^hat 
 far as regards the direction that the questions in the said Jrfld Woi-Tthf 
 order mentioned should be tried by His Honor with a court itseu,' 
 special jury; and, instead thereof, it is ordered that such ^"'°"* =' J"'^- 
 questions be tried by His Honor without a jurjr at , 
 
 on, &c. 
 
 2. And it is ordered that this cause be set down, and be 
 in the paper for hearing on the same day as the said ques- 
 tions shall be appointed to be tried, after the trial of the 
 said questions. 
 
 In Chancery. 
 
 (2'itle of cause or matter.) 
 By an order made in this cause [Or, matter], dated the 377. 
 
 day of , 18—, the Court hath directed that the STquiuon^ 
 
 following question [Or, questions] of fact be tried by a jury gues ' 
 
 (a) Where the issue is tried in a Court of law, no record is necessary, but an office 
 copy of the order is entered in the same way as a niii priut record. See 0. S. U. C, 
 c. 12, «. 69. 
 
 20 
 
 questions of fact 
 
306 
 
 FORMS AND PRECEDENTS OF 
 
 before the Court itself [Or, before the Court itself without 
 a jury], that is to say : — 
 Whether, &c. 
 
 378. 
 
 Record for trial 
 as to amornit of 
 damageB (a). 
 
 In Chancery. 
 
 {Title of cause or matter.) 
 
 Whereas, by an order made in this cause [Or, matter], 
 
 dated the day of , 18 — , the Court hath awarded 
 
 damages to the plaintiff [Or as may be], in respect of the 
 matters in the said order mentioned, and hath directed 
 that the amount of such damages shall be assessed by a 
 jury before the Court itself [CV, before the Court itself 
 without a jury.] 
 
 The question is, what amount of damages the plaintiff 
 [Or as may he] hath sustained by reason of the matters in 
 the said order mentioned. 
 
 379. 
 
 Certificate that 
 the record has 
 been filed. 
 
 380. 
 
 Notice of motion 
 to fix a day for 
 the hearing. 
 
 In Chancery. 
 
 (Shortened style of cause) 
 These are to certify, that the record for trial of ques- 
 tions of fact [Or, as to the amount of damages] by [Or, 
 without] a jury, in this cause [Or, matter], was regularly 
 
 filed on the day of , 18 — , as appears by -my 
 
 book. 
 
 {Formal parts : see post. No. 384.) 
 on the part of the plaintiff [Or as may he], that a day may 
 be fixed for the trial by a jury before the Court [Or, for 
 the trial before the Court without a jury], directed by the 
 
 order dated the , 18 — . And take notice {as in 
 
 No. 382). 
 
 381. 
 
 Notice of motion 
 for a new trial. 
 
 Section II. — New Trials. 
 
 [Formal parts : see 'post, 2Vo. 382 et seq.) 
 on the part of the plaintiff [Or, defendant A. B., <fec.], that 
 the issue [Or, the question of fact — Or, the question as to 
 the amount of damages], which has been tried pursuant 
 
 to the order in this cause [Or, matter], dated the day 
 
 of , 18 — , may be re-tried by a special [Or, common] 
 
 jury before this Court [Or, before this Court without a 
 jury — or as may be]. And take notice {as in No. 382). 
 
 (a) Where the issue is tried in a Court of law, no record is necessary, but an office 
 copy of the order is entered in the same way as a nisi prim record. See C. S. U 
 c. 12, 8. 69. 
 
PROCEEDINGS IN CHANCERY — NOTICES OF MOTION. 307 
 
 CHAPTER IX. 
 
 INTERLOCUTORY PROCEEDINGS IN SUITS, AND INCIDENTAL 
 THERETO. 
 
 Section 1.— Notices of Motion — Petitions. 
 In Chancery. 382. 
 
 Formal p 
 notice of 
 in Court, 
 
 {Full Style of cause, or shortened style, thus :) notice ot motion 
 
 *' ' in Pniirf. 
 
 Between A. B. and others Plaintiffs, 
 
 and 
 
 C. D. and others Defendants. 
 
 Take notice, that this Honourable Court will be moved 
 
 on the day of ,at o'clock in the 
 
 forenoon, or so soon thereafter as counsel can be heard on 
 the part of {State on whose behalf the motion is to be made, 
 as) : [the plaintiff, Or, the infant defendant C. D., by A. 
 B. his guardian ad litem, or the plaintiff A. B. an infant, 
 
 by C. D. his next friend, or by C. D., of the Town of , 
 
 gentleman, his next freind, for the purpose of the said 
 motion, or as may be (a) ] ; for {State the precise object of 
 the motion; as thus (for an order that a writ of injunction 
 do issue out of and under theseal of this Honourable Court, 
 restraining the defendant A. B. from [Stating act to be 
 restrained] (b). 
 And take notice, that on such motion will be read the 
 
 affidavits of (Or, the depositions of taken — Or, 
 
 to be taken before A. B., Special Examiner at . (Men- 
 tion specially the matter on which the motion is to be 
 i^iistained, excepting certificates of officers of the Court, 
 which may be read without being alluded to in the notice.) 
 
 Dated this day of , 18 — . 
 
 (XaTne, c&c, of solicitor or party giving the notice (c). 
 To [Insert names of the solicitors or 'parties to whom 
 the notice is given). 
 
 (a) If the motion is made by a sole plaintiff or by all the plaintiffs, or by a sole 
 defendant or all the defendants, it is unnecessary to set out the names in full. If the 
 motion is made by some of several plaintiffs or defendants, the names of the parties 
 should be specific. If by a stranger to the suit, his christian and surname and place 
 of residence and addition should be set out, whether he be moving on his own behalf or 
 on behalf of some other person under disability. 
 
 (6) Where special leave has been obtained to serve the notice (as where the defendant 
 h.is not appeared), or to give the notice for a non-motion day, or for a motion day short 
 of the ordinary two clear days after service, or at a special hour or place, that fact should 
 be here stated as thus : "And take also notice that special leave to serve you with this 
 notice— 1/80 : and to give this notice for the day (and hour and place) aforesaid — has 
 been obtained from the Chancellor (or as may be) " — Or, " And take also notice that 
 special leave to give this notice for the day and (hoar and place) aforesaid has been ob- 
 tained from the said Chancellor (or as may be)." 
 
 (c) A notice of motion by a party suing or defending in forma pauperis (except for 
 the discharge of his solicitor), must be signed by his solicitor. 
 
308 FORMS AND PRECEDENTS OF 
 
 383. {Style of cause : ante, No. 382.) 
 
 nSKtion Take notice, that an application will be made to the 
 tea judge at the presiding Judge at the next sittings of this Court to be 
 
 sittings for ex- f,T^T^ n ji / n j.' 
 
 amination of hoHen at the town 01 , on the [L/ontvmie 
 
 as in Form No. 382.) 
 
 witnesses, etc. 
 
 {atyle of cause : see ante, No. 382.) 
 384. Take notice, that this Honourable Court will be moved 
 
 Notice of motion . r^^ -. , ) i i • j.i i- 
 
 in Chambers. lu Chambers, on , at o clock in the lorenoon, 
 
 or so soon thereafter as the motion can be heard, for an 
 order [dismissing the Plaintiff's bill with costs for want of 
 prosecution, or as may he]. (Proceed as in Form No. 382). 
 
 385. 
 
 ^^^ {Style of cause : see ante, No. 382.) 
 Another form. Take noticc that an application will be made to the Re- 
 feree in Chambers, at Osgoode Hall, &c., on , or if 
 
 opposed then, to a Judge in Chambers, so soon thereafter 
 as a Judge shall be sitting in Chambers. {Proceed as in 
 Form No. 382.) 
 
 386. {Style of cause : see ante. No. 382.) 
 
 bSoreiS"""" Take notice, that an application will be made to A. B., 
 
 master. Esq., Master of this Court, at , on the day 
 
 of , at o'clock in the forenoon, or so soon there- 
 after as the motion can be heard, on behalf of the [plain- 
 tiff] for an order, &c. {Continue as in Form No. 382.) 
 
 387. In Chancery. 
 f p™Sion'''o^'" (%^« "/ "^'^se or matter, as ante, No. 382.) 
 
 course. To the Honourable the Judges of the Court of Chan- 
 
 cery — Or, Deputy Registrar [as the case may be]. 
 The humble petition of the plaintiff [Or as may 
 
 Sheweth as follows : 
 
 1 Bv &c i ^t<''t^^^^''nO't^'>'i<'''^ faction which the appliea- 
 
 2 On &c 1 ^^°^ ^ founded ; and divide the statements 
 
 ' ' ( into paragraphs, numbered consecutively. 
 
 Your petitioner therefore humbly prays that 
 
 {State the precise object of the petition). 
 And your petitioner will ever pray, &c. (6). 
 
 (a) The ijetitioner should be described in the manner explained, ante, No. 382 n (a) 
 (i) A petition by a party suing or defending in forma pauperis (except for the dis 
 charge of his solicitor) must be signed by his solicitor. 
 
tion. 
 
 INTERLOCUTOET PBOCEEDINGS — SECURITY FOR COSTS. 309 
 
 {Full style of cause.) (a) 388. 
 
 Proceed as in last Form to the end of the stating part. l°:^l^^t "' 
 Your petitioner therefore humbly prays that ' 
 
 {State the precise object of the petition). 
 Or that this Honourable Court will please to 
 make such otlier order in the premises as 
 shall seem meet. 
 And your petitioner will ever pray, &c. 
 
 Take notice that the within petition will be presented ^„«,f g?;,,i„, 
 to this Honourable Court [If so — m Chambers] at Osgoode <■<> *>« endorsed 
 
 Hall, in the City of Toronto, on , at o'clock in tSn.^wJ"*' '""' 
 
 the forenoon, or so soon thereafter as Coimsel [Or, the 
 matter] can be heard. And if you do not attend, such 
 order may be made in your absence as may seem just. 
 And take notice, in support of such petition will be read 
 ((i;c., conclude as in I^o. 382). 
 
 Section n. — Interlocutory Motions and Proceedings in 
 Suits, <fec. 
 
 MOTIONS FOE SECURITY FOR COSTS, (c) 
 
 {Formal parts : see ante, No. 384.') „ ,. 3R0- .. 
 
 \i «i»ii !!• Tii-f-\ 1 1 -.. % ^ f^ Notice of motion 
 
 on the part of the defendant A. B., that the plaintiif [Or, for security for 
 that CD., the next friend of the plaintiff] may be dencelsnotMr^ 
 ordered, within (ten) days, to give the usual security tObiifOTlrilr." 
 answer costs, by reason of his place of residence or abode 
 not being stated [Or, correctly stated] in the bill [Or, ad- 
 ministration order] in this cause ; and that, in the mean- 
 time, proceedings be stayed — If there are other defendants, 
 add: as against the said defendant. And take notice, 
 that on such motion will be read (c&c, as in No. 382). 
 
 {Formal parts : see ante, No. 384.) , 301. 
 
 on the part of the defendant A. B., who has been served for'seci^t" to" " 
 with the petition preferred by C. D. in this cause [Or, ^^i^l^l^^ti. 
 matter] on the , 18 — , that the said C. D. [Or, that t'o"- 
 
 (a) See notes to ]aet form. See Ord. 697. 
 
 (&) See notes & and c to form No. 382. 
 
 (c) Where it appears on the face of a bill that the plaintiff is permanently resident out 
 of the jurisdiction, an order for security for costs may be obtamed on praecipe from the 
 Clerk of Records and Writs, or Deputy Registrar, in whose olBce the bill is filed, but if 
 such residence is stated to be only temporary, a special application is necessary. See 
 Wilscm T. Wilson, 6 Pr. C. 162. 
 
310 FORMS AND PRECEDENTS OF 
 
 E. F., the next friend therein of the said C. D.] may be 
 ordered to give the usual security to answer costs ; and 
 that the said petition may stand over till such security is 
 given. And take notice, that on such motion will be read 
 l&c, as in No. 382). 
 
 392. {Formal parts : see ante. No. 338.) 
 rity'for°costs"' Upon the application of the defendant , and it 
 
 appearing by that the said plaintiff resides at 
 
 out of the jurisdiction of this Court : It is ordered, that 
 the plaintiff do procure some sufficient person or persons 
 resident within the jm-isdiction of this Court, to give secu- 
 rity on [his] behalf, in the penal sum of not less than 
 
 $400, to answer the costs of the said defendant , in 
 
 case this Court shall think fit to award any, before the 
 said defendant shall be obliged to put in [his] an- 
 swer to the bill. 
 
 Entered. 
 
 Clerk of Records and Writs, 
 
 {Or, Dep. Registrar). 
 
 Notic?§^ot on {Formal parts : see ante, No. 384.) 
 
 for better seoii- on the part of the defendant A. B. [Or, A. B., in the order 
 
 wit^hin a imited dated the day of , 18 — {Order directing the 
 
 time. security to he given) named], that {If the bond of an insuf- 
 ficient person has been given, say : in lieu of, or in adcfi- 
 tion to, the bond of E. F., dated the , 18 — ), the plain- 
 tiff [Or, C. D., in the said order named], may be ordered 
 within (fourteen) days (a), pursuant to the order dated the 
 
 , 18 — [Or, the said order], to procure some sufficient 
 
 person on his behalf to give security by bond in the 
 penalty of $400 [Or as may he], conditioned to answer 
 costs ; and that, in the meantime, proceedings be stayed 
 — If there are other defendants or respondents, add : as 
 against the said A. B. 
 
 And that in default of such security being given plain- 
 tiff's bill [Or, administration order — Or, notice of motion 
 for an administration order — Or, petition — of the said C. 
 D., in the said order mentioned] may stand dismissed out 
 of Court, without finther order — If there are other de- 
 fendants or respondents, add : as against the said A. B. 
 — with costs to be paid by the said C. D. to the said A. B. 
 And take notice, that on such motion will be read {<&c as 
 in No. 382). 
 
 (o) Kennedy v. Sduardt, 11 Jur. N. S. IBS, V. C. W. 
 
INTERLOCUTORY PROCEEDINGS — SECURITY FOR COSTS. 311 
 
 {Formal parts : see ante, No. 38 i.) 
 on the part of the defendant A. B. [Or, of A. B., in the 394. 
 
 order dated the of , 18 — {Order directing '^^'■^emlty to 
 
 former security to be given) named], that the plaintiff [Or, a|fth°or°5isoi- 
 that C. D., in the said order named] may be ordered, vency of obugor? 
 within (fourteen) days, to procure some sufficient person 
 on his behalf to give a new security to answer costs, in 
 
 lieu of, or in addition to, the bond, dated the of , 
 
 18 — , given pursuant to the said order by E. F., who has 
 since died [Or, become insolvent — or as may 6e] ; and that, 
 in the meantime, proceedings be stayed — If there are 
 other defendants, add : as against the said A. B. — Or, in 
 the case of a petition, say : and that the said petition may 
 stand over until such security is given. And take notice, 
 that on such motion will be read (^c, as in No. 382). 
 
 {Formal parts : see ante, No. 300.) 
 
 1. E. F., the obligor in the bond dated the of , 395 
 
 1-8 — , which was given as security for costs, pursuant to support. "" 
 the order in this cause [Or, matter], dated the of 
 
 , 18 — , has since died [Or has since become an insol- 
 vent]. 
 
 2. The plaintiff [Or, A. B.], the person required by the 
 said order to give security for costs, is still permanently 
 
 resident at , out of the j urisdiction of this Honourable 
 
 Court [Or as may be]. 
 
 3. Show means of knowledge. 
 
 (2) Giving Security. 
 
 Know all Men by these presents, that I, A. B., of ^ ^^^^nt 
 {Place of residence and addition), am held and tor costs. 
 firmly bound [Or, if two obligors, say : that we, 
 A. B., of, ^c, and C. D., of, ^c, are jointly and 
 severally held and firmly bound] to E. F. {Insert 
 name of Registrar or Depv.ty Registrar {a) ), 
 Esquire, Clerk of Records and Writs of the Court 
 
 (a) Where the order is issued by a Deputy Registrar, the bond will be to him. See 
 Ord. 321. It is not necessary that the plaintiff should be a party to the bond— 5m. Pr. 
 vol, IL 257 : and one surety is sufficient — Beaton v. Boomer, 1 U. C. L. J. N S. 108 : 
 except where the security is given on an appeal to the Court of Appeal, when the 
 appellant must join in the bond with two sureties ; or except in certain special cases 
 where an additional suretj' in the place of the appellant may be received. See Rule 3 
 of Court of Appeal. The bond must be for the benefit of all the defendants. See Ord. 
 321. 
 
312 FORMS AND PRECEDENTS OF 
 
 of Chancery, in the penal sum of four hundred 
 dollars [Or other sum mentioned in the order,] 
 of good and lawful money of Canada, to be paid 
 to the said E. h'., his certain attorney, executors, 
 administrators or assigns : For which pay- 
 ment to be well and faithfully made, I bind my- 
 self, and my [Or, we bind ourselves, and each of 
 us, our and each of our] heirs, executors and ad- 
 ministrators, firmly by these presents, sealed 
 with my seal [Or, with our seals]. Dated this 
 day of , 18 — . 
 
 Whereas by an order of the Court of Chancery, dated 
 
 the day of , 18 — , and made in a cause wherein 
 
 B. A. is plaintiff [Or, B. A. and another — Or, others— are 
 plaintiffs], and D. C. is defendant [Or, D. C. and another 
 — Or, others — are defendants — Or, in a matter intituled, 
 <fcc.], on the application of (the defendant) G. H., It was 
 ordered that {Recite the mandatory part of the order 
 directing the security to be given) : And whereas the above 
 bounden A. B. hath [Or, the above bounden A. B. and C. 
 D. have], at the request of the said {Person required to 
 give security), agreed to enter into the above written ob- 
 ligation, subject to the condition hereinafter contained : 
 
 Now THE CONDITION of the above written obligation is 
 such, that if the above bounden A. B., his [Or, if the above 
 bounden A. B. and C. D., or either of them, their or either 
 of their] heirs, executors or administrators, do and shall 
 .well and truly pay, or cause to be paid, to all the defend- 
 ants in the said cause, all such costs as the said Court shall 
 think fit to award to the said defendants, or to any or 
 either of them [Or as may he], in the said cause [Or, 
 matter — or as may he\ : then the above written obligation 
 is to be void, or else to remain in full force and virtue (a). 
 
 A. B. (Seal). 
 C. D. rSeal^ 
 Signed, sealed and delivered by the above ) 
 bounden A. B. (and C. D.), in the presence >• 
 of j 
 
 B. A., of {Residence). 
 
 (a) The above forms of recital and conditicn will suit almost every case in which a 
 bond for costs can be ordered to be given ; and are suggested 6s substitutes for Forms 
 Ko. 387, which have long been in ordinary use but only apply, in terms, to a bill suit. 
 
INTERLOCUTORY PROCEEDINGS — SECURITY FOR COSTS. 313 
 
 (Formal parts : as in No. '6\)6.) 
 
 "Whereas Y. Z. had lately exhibited his bill of complaint 397. 
 SI the Court of Chancery against D. C. (and E. F.) de- rectteia™^" 
 fendaiit [Or, defendants], touching the matters therein """"''"''" <"'■ 
 contained : 
 
 Now the condition of the above written obligation is 
 such, that if the above bounden A. B. and C. D.^ or either 
 of them, their or either of their heirS, executors, or ad- 
 ministrators, do and shaU weU and truly pay or cause to 
 be paid to the defendants (6) in the said cause all such 
 costs as the said Court shall think fit to award to the 
 said — If the bond is given to one, add : defendant — If to 
 all or several of the defendants, add: defendants, or to 
 any or either of them — in the said cause, then the above 
 written obligation is to be void ; or else to remain in full 
 force and virtue. 
 
 {Signatures and attestation as in last Form.) 
 
 In Chancery. 
 
 Brown v. Jones. 
 
 Take notice, that I have this day deposited with the 398. 
 Clerk of Records and Writs (Or, Deputy Registrar) the ottont^"^'"'*' 
 bond of A. B., of {Residence and addition as in bond — If 
 so, and C. D., of, <&c.), conditioned to answer costs, pur- 
 suant to the order dated the of , 18 — {Order 
 
 directing bond to be given). 
 
 Dated, &c. 
 
 Yours, &c.. 
 
 To Y. Z., 
 
 Pit's Solr. 
 
 (Formal parts : see ante. No. 398.) 
 
 Take notice, that the plaintiff \0r, E. F., in the order .399. 
 
 dated the of , 18 — , named], proposes A. B., of ofpropoeed*""' 
 
 (Residence and addition — If so, and C. D., of, d&c), as a "■''■s'"' 
 sufficient person [Or, sufficient persons] on his behalf, to 
 give security, by bond, for costs, pursuant to the order 
 dated the of , 18 — [Or, said order]. 
 
 (a) See Braithwaite's Pr. 531, and Beaton v. Boomer, 1 U. 0. L. J. N. S. 108. 
 
 (b) See Ord. 321. 
 
314 FORMS AND PRECEDENTS OF 
 
 400. {Formal parts : see ante, No. 398.) 
 
 «ou tr,!ro"p£ Take notice, that A. B., in the bond [Or, notice] of the 
 
 obligor (a). of , 18 — , named as surety for costs, is objected 
 
 to by me, on the ground that he is not a sufficient person 
 to give such security, in conformity with the order dated 
 the of , 18 — . 
 
 401. {Formal parts : see ante, JVo. 300.) 
 
 ^poJed"' 1. I am the obligor named in the bond dated the 
 
 juSciw. of , 18— [Or, if bond not yet given, say : I zm the 
 
 person proposed by the plaintiff [or as may be] to give 
 security on his behalf by bond] to the Registrar {Or, 
 Deputy Registrar), in the penalty of $400 [or as may he], 
 conditioned to answer costs in this cause [Or, matter], 
 
 pursuant to the order of the , 18 — . 
 
 2. I am a resident inhabitant of Ontario, and am a 
 
 householder in {Or freeholder in ) and I am well 
 
 and truly worth the sum of $400 (i. e., the amount of se- 
 curity 'directed), of lawful money of Canada, over and 
 above what is sufficient to pay all my just debts. 
 
 402. {Formal parts: see ante. No. 384.) 
 
 fo?tov°ir,Jr on the part of the plaintiff [Or, of A. B., in the order 
 
 in°feJro?bo°n"d'' dated the of , 18— {Order directing security to 
 
 (")• he given) named], that in lieu of the u.?ual security direct- 
 ed to be given by the order dated the of , 18 — 
 
 [Or, by the said order], he may be at liberty, within (ten) 
 days, to pay $400 [or as may he'] into Court, to the credit 
 of (Short title of suit — Or, Short title of matter) as secu- 
 rity for cpsts, to answer costs, in case any costs shall be 
 awarded to be paid by him — Add, if desired : and that 
 the interest thereof may be invested and accumulated. 
 And take notice, that on such motion will be read (<fce., as 
 in No. 382.) 
 
 NotictS motion {Formal parts : see ante, No. 384.) 
 
 OTdtrfor^* on the part of the plaintiff, that notwithstanding the 
 
 security <ii). Order dated the of , 18 — , directing security for 
 
 costs to be given by him, he may be at liberty to amend 
 
 In) Braithwait's Pr. 35. 
 
 (b) Ibid. 
 
 ie) Braitliwite Pr. 34. 1944. As to such payment by a limited company, see Waahot 
 Mming Co. v. Ferguson, 2 Law Rep. Eq. 371, 377, V. C. W. 
 
 id) Mathews v. Chichester, M. R. 26 July, 1861, Reg. Lib. B. 1797 : 30 Beav. 135. At 
 law, where security has been given under an order, by a plamtifE out of the jurisdiction, 
 the security is not vacated by the return to the jurisdiction ; see SkeeTU v. Dames, 14 
 yf. R. 776, Q. B. Neither will the order be discharged in equity where the plaintiff 
 falsely states on his bill that his residence is within the jurisdiction ; Waldron v. M»- 
 WaUer, eFr. C. Hi. 
 
INTERLOCUTORY PROCEEDINGS — SECURITY FOR COSTS. 315 
 
 his bill by inserting his present residence : he being now 
 resident at {State where), within the jurisdiction of this 
 Honourable Court ; and that thereupon the said order 
 may be discharged. And take notice, that on such motion 
 will be read {<&c., as in No. 382.) 
 
 (Formal parts : as in iVb. 384.) 
 on the part of the plaintift' that the order dated the 404. 
 
 n t- -1*-. T .• ' . n .ji • Notice of motion 
 
 day 01 , 18 — , directmg security tor costs to be given to discharge 
 
 by him, may be rescinded on the ground that the plaintiff oJifthe^grS"^ 
 is owner of property within the jurisdiction of this Hon- ^m' ro* 6?*'""^ 
 ourable Court which is amply sufficient for the payment of within the 
 any costs which may be awarded to the defendant in this ^""^ '°*"'"' 
 cause, and take notice that on such motion will be read 
 (Sc, as in No. 382). 
 
 {Formal parts : as ante, No. 300.) 
 
 1. I am seized in fee simple of, and am solely and bene- 405. 
 ficially entitled in fee simple to, the following real estate support by the 
 situate within the jurisdiction of this Honourable Court, p'*™'''^ C")- 
 viz. {Chiving a specific description). 
 
 2. The said lands are free from encumbrances, and are 
 
 worth the sum of $ '- , and would I verily believe 
 
 bring that amount if sold at a forced sale. 
 
 (JFormal parts : as ante, 338 or 339.) 
 
 Ordered, that the Registrar [Or, Deputy Registrar at order for iiegi.- 
 
 -] do execute an assignment to the defendant A. B. of |^^°[,°X'^. 
 the bond for security for costs filed by the plaintiff in this s'S" Bond (6). 
 cause, upon a proper assignment being tendered to him 
 for execution and that the said bond be delivered by the 
 proper officer to the said A. B., &c. 
 
 In Chancery. 
 
 {Short title.) 
 
 Received the of , 1 8 — , pursuant to the (fore- 407. 
 
 going) order dated the of , 18— (Order to de- R^^^ipt'o-- "«> 
 
 liver out bond), of E. F., Esquire, the Clerk of Records 
 and Writs, the bond as security for costs therein men- 
 tioned. 
 
 D. E., Solicitor for the said A. B. 
 
 (a) If the affidavit is made by some other person than the plaintiff, it should show 
 the deponent's means of knowledge. The property must be of such a character as to be 
 available in expoution. 
 
 (6) See 35 Vie. c. 12 (O.) 
 
316 
 
 FORMS AND PRECEDENTS OF 
 
 408. 
 
 Petitiou of 
 course, for leave 
 to prosecute a 
 suit in forma 
 jpvuperU (a) 
 
 Paupers. 
 « 
 Title — and address to the Judges: see ante. No. 387. 
 
 The humble petition of the plaintiff 
 Showeth as follows : 
 1. In a suit hy hill: Your petitioner, on the 
 
 of 
 
 18 — , filed his bUl in this cause against the above- 
 named defendant : thereby stating that {.Set forth suc- 
 cinctly the plaintiff's right to the matters in question, as it 
 appears in the hill ; as thus : A. B. lately died intestate ; 
 that your petitioner claims to be one of his next of kin, 
 and, as such, to be entitled to a distributive share of his 
 personal estate ; and that the defendant is his legal per- 
 sonal representative) ; and praying that {State the sub- 
 stance of the prayer ; as thus : the usual accounts of the 
 personal estate of the said A. B. may be taken ; and that 
 such estate may be administered under the direction of 
 this Honourable Court). 
 
 1. In a suit by administration order : On the of 
 
 , 18 — , notice of motion was served in this cause on 
 
 behalf of your petitioner, as claiming to be one of the 
 next of kin [Or as may be] of the above-named A. B., on 
 the above-named defendant, as his administrator, for the 
 administration of the personal estate of the said A. B, [Or 
 as may be]. _ 
 
 2. State, shortly, the subsequent proceedings ; as thus : 
 The defendant has answered the said bill [Or, appeared 
 on the said motion] ; but no further proceeding in the 
 said cause has been had. 
 
 3. Your petitioner is not worth five pounds : his wear- 
 ing apparel and the subject matter of this suit only ex- 
 cepted. 
 
 Your petitioner therefore humbly prays, that 
 he may be at liberty to prosecute this suit in 
 formd pauperis ; and that C. D., Esquire, who 
 has subscribed this petition, thereby certify- 
 ing your petitioner's just cause of suit, may 
 be assigned as his counsel and solicitor. 
 And your petitioner will ever pray, &c. 
 
 400. 
 
 Certificate of 
 onnsel 
 subscribed 
 thereto. 
 
 I humbly conceive that this case is proper for relief in 
 this Court. 
 
 ,18 — . {Name of counsel) 
 
 (o) For order in like casea, see Seton, 1271, No. 6. The petition should be accom- 
 panied by an authentic copy of the bill or notice. 
 
INTERLOCTJTOEY PROCEEDINGS— PAUPERS. 317 
 
 (Formal parts : see ante, No. 300.) 
 
 I, A. B., of, (fee, the above-named plaintiiF, make oath and 410. 
 say, that I am not worth the sum of five pounds : my p™'""" '"" 
 weanng apparel and the subject matter of this suit only 
 excepted. 
 
 (Formal parts : see ante, No. 384.) 
 
 That the plaintiff A. B., the wife of (the defendant) C. 411. 
 D., may be at liberty to prosecute this suit [Or, if suit not foTilfeZ'T 
 instituted, say: to institute a suit against E. F. and others, T^^t^^ 
 lor (State object ; as thus : the administration of the per- i"«»i'«™. wjtii- 
 sonal estate of G. H.), and prosecute the same] informd °" ''"^''""™'^- 
 'pauperis, without a next friend ; and that D. C., Esquire, 
 may be assigned as her counsel and solicitor. And take' 
 notice that on such motion wiU be read (&c., as in No. 382.) 
 
 (Formal parts : see ante, No. 300.) 
 
 1. I am advised and verily believe that I have a proper , _ 412. 
 case for relief in this Honourable Court in respect o£ (State port*")' '" ^"^ 
 object of proposed suit). 
 
 2. The draft of the bill proposed to be filed by me to 
 obtain such relief has been settled and signed by D. C, 
 Esquire, barrister-at-law ; and he has consented to act as 
 my counsel and solicitor in such suit. 
 
 3. Show inability to obtain a next friend; as thus: I 
 have appKed to many of my friends and acquaintance, and 
 made great exertions to induce some substantial person 
 among them to act as my next friend in such suit ; but I 
 cannot prevail upon any person to consent to act as such 
 next friend. 
 
 4. I am not worth the sum of five pounds : my wearing 
 apparel and the subject matter of the said proposed suit 
 excepted. 
 
 5. I am desirous to file the said bill, and prosecute the 
 said suit m forma pauperis, without a next friend. 
 
 (a) The application must be accompanied by counsel's certificate of merits : ante, 
 No. 409. If the bill has been filed, the statements must be varied accordingly. The 
 counsel signlog the certificate is usually assigned counsel fur the pauper. 
 
318 FORMS AND PRECEDENTS OF 
 
 413. Title — and address to the Judges : see ante, No. 387. 
 
 I,rie™e°tod7° The humble petition of the above named defen- 
 
 lend informd (J^nt C. D. 
 
 Showeth as follows : 
 
 1. In a suit by bill : The plaintiff has filed his bill in 
 this cause against your petitioner — If so : who has filed 
 his answei' thereto (a). 
 
 2. In a suit by administration order : An administra- 
 tion order in this cause has been taken out on behalf of 
 the above named plaintiff, against your petitioner — If so : 
 who has filed his answer thereto. 
 
 3. Your petitioner is not worth five .pounds, his wear- 
 ing apparel and the subject matter of this suit only ex- 
 cepted. 
 
 Your petitioner therefore humbly prays, that he 
 may be at liberty to defend this suit in formd 
 pauperis ; and that B. C, Esquire, may be as- 
 signed as his counsel and solicitor. 
 
 And your petitioner will ever pray, &c. 
 
 414. {Formal parts : see ante, No. 384.) 
 
 to discharge°or°-" ou the part of (the defendant) A. B., that the order dated 
 
 fendln'J'or^'" the , 18—, ou the application of (the plaintiff), where- 
 
 vauveris. \yj jt -^g-s Ordered that (the plaintiff) should be at liberty 
 to prosecute this suit \_0r as may be] in formed 'pauperis, 
 may be discharged. Aid take notice, that on such motion 
 will be read {&c., as in No. 382). 
 
 Infants. 
 
 I. Next Friends. 
 
 415. {Formal farts: see ante, No. 384.) 
 
 tionfor removal on the part of the infant plaintiff, by A. B., of {Residence 
 
 andap^pr'ovafof' oind addition), his next friend for the purpose of this ap- 
 
 anothcr (6). plication, that C. D., the plaintiff's next friend in this suit, 
 
 may be removed, and that the said A. B., or some other 
 
 proper person, may be approved as, and deemed to be such 
 
 next friend, in lieu of the said C. D. ; and that — 
 
 (a) The defendant need not answer before applying for the order. 
 
 (6) The application must be supported by an affidavit of the grounds for the removal 
 of the next friend, and of the fitness to act of the proposed substitute ; and the consent 
 of the latter to act must be shown. 
 
INTERLOCUTORY PROCEEDINGS — INFANTS. 319 
 
 // before decree : the plaintiffs bill may be amended by 
 inserting the name of the said A. B., or other person, as 
 the plaintiffs next friend, instead of the name of the said 
 CD. 
 
 Or, if after decree : the said A. B., or other person, may 
 be named in aU future proceedings in this suit, as the 
 plaintiffs next friend, in lieu of the said C. D. And take 
 notice, that on such motion will be read (<fcc., as in No. 
 382). 
 
 {Foi'mal farts : see ante, No. 384.) 
 on the part of the infant plaintiff, by A. B., his next friend, 416. 
 that he may be at liberty— Stbstt^r 
 
 If before decree : to amend his bill, by inserting the next Mend for 
 
 ' tt _ ' •/ o 0116 desirous to 
 
 name of C. D., of (Residence and addition), as his next retire. 
 friend, in lieu of the said A B., who is desirous to retire. 
 Or, if after decree : to name C. D., of {Residence and 
 addition), as his next friend, in all future proceedings in 
 this suit, in Keu of the said A. B., who is desirous to retire. 
 And take notice, that on such motion will be read (&c., 
 as in No. 382). 
 
 (Formal parts : see ante, No. 384.) 
 on behalf of the infant plaintiff, by A. B., of (Residence 417. 
 
 1 -I -I ., • \ t • . « • 1 r l^ _£• ii • Notice of motion, 
 
 and addition), his next triend lor the purpose oi this ap- to appoint a next 
 pHcation, that he may be at liberty— f^^^' °™ 
 
 If before djccree : to amend his bill, by inserting the 
 name of the said A. B. as his next friend, in lieu of C. D., 
 now deceased. 
 
 Or, if after decree : to name the said A. B. as his next 
 friend, in all future proceedings in this suit, in lieu of C. D., 
 now deceased. And take notice, that on the said motion 
 will be read (&c., as in No. 382). 
 
 An affidavit in support accompanies. 
 
 (Formal parts : see ante, No. 384.) 
 on the part of the infant plaintiff, by A. B., of (Residence 418. 
 and addition), his next friend for the purpose of this ap- to°appo°in"anext 
 plication, that he may heat Uberty— S^L'ita^dTr'"" 
 
 If before decree : to amend his bill by inserting the removed. 
 name of the said A. B. as his next friend, in lieu of C. D., 
 -who is incapacitated from acting [Or, who by an order 
 dated the of , 18—, has been removed]. 
 
320 FORMS AND PRECEDENTS OF 
 
 Or, if after decree : to name the said A. B. as his next 
 friend, in all future proceedings in this suit, in lieu of 
 C. D., who is incapacitated (<f-c., as above). And take 
 notice, that on the said motion will be read (<fe(?., as in 
 M. 382). 
 
 419, (Formal parts ; see ante, No. 384.) 
 
 Notice of motion, ^ /.., -.p'.it-ijii 
 
 by defendant, on the part of the defendant A. ±5., that a proper person 
 friend'may'be may bc approved as next friend- of the plaintiff, in lieu of 
 pEtSt^" ^- ^'- ^^^ ^^ ^"^^^ [Or, become incapable of acting— Or, 
 
 been removed J ; and that — — 
 
 If before ^ecree : the plaintiff's bill may be amended by 
 
 inserting the name of such person as. the JDlaintiff's next 
 
 friend, in lieu of the said C. D. 
 
 Or if after decree : such person may be named as the 
 
 plaintiff's next friend,, in all future proceedings in this suit, 
 
 ■in lieu of the said C D. And take notice that on such 
 
 motion will be read (<fec., as m iV^o. 382.) 
 
 420. (Formal parts' : see- a-ii^e, iV^o. 300.) 
 
 Affidavitinsup- \ '' ' ' . 
 
 p^rt of ™oti™ <»• I, E. F., of .{Place of business), gentleman, the solicitor 
 in this suit for thie defendant A. B., make oath and say as 
 follows : . 
 
 1. The plaintiff A B. is under the age of twenty-one 
 years; and the defendant has been served with a copy of 
 the plaintiff 's biU in this suit, and has filed his answer 
 thereto. 
 
 2. I knew and was well acquaintied with C. D., of {Resi- 
 dence and addition, as iri motion paper or petition), the 
 person named as the next friend of the said A. B. 
 
 3. The said C. D. departed this life on the day 
 
 of , and no other person has been named as next friend 
 
 of the said plaintiff, by whom he may further prosecute 
 this suit (Show mearis of knowledge). 
 
 Sworn, &c. 
 
 421. In Chancery. 
 
 appSing'a" "^ {Skort stylc of causc.) 
 
 litem to an in- Required an order appointing a guardian ad litem to 
 
 ?"deforS^ Ti'd. tbe defendants A. B., C. D. and E. F., who are respectively 
 
 (a) Smith's Pr. 7th Ed. pp. 276-7. 
 
 (6) The solicitor must swear that the proposed guardian has no adverse interest • but 
 vfhere he is unable to depose to all or some of the other facts, another denanent ^on 
 be joined, and the affldayit varied accordingly. ' ueponent can 
 
INTERLOCUTORY PROCEEDINGS — INFANTS. 321 
 
 infants under the age of twenty-one years, by whom they 
 may answer the plaintiff's bill and defend this suit. 
 Dated, &c. 
 
 A.B., 
 Plaintiff's Solicitor. 
 To the Clerk of Records and Writs, 
 [Or, Deputy Registrar at .] 
 
 (Formal parts : see ante, J^o. 384.) 422. 
 
 Tu mu.i. on behalf of the defendant A. B., an infant, by by^!^!i^^Z 
 C. D., of {Residence and addition), his next friend, that ^?^"d''hii',?n 
 the said C D. may be assigned his guardian, by whom he "eu of one 
 may defend this suit, in lieu of G. H., now deceased. And '"'"^^ ' 
 take notice (<fec., as in No. 382.) 
 
 (ForTnal parts : see ante, Ko. 300.) 
 
 1. G. H., who, by an order, dated the of , 433. 
 
 18 — , was assigned the guardian ad litem of the de- port oFmotton " 
 
 fendant A. B. in this suit, died on the .of or petition. 
 
 18 — ; and no person has since been assigned such guar- 
 dian. 
 
 2. The said A B. is still under the age of twenty-one 
 years. 
 
 3. I am the person proposed to be appointed guardian 
 to the said A. B., and I have no interest whatever in the 
 matters in question in this suit adverse to the interest 
 therein of the said A. B. 
 
 4. I have been requested to apply to be appointed guar- 
 dian of the said defendant A. B. by (Stating name and 
 showing relationship of such person to the infant), and I 
 
 say that the said has no interest whatever in the 
 
 matter in question in this suit adverse to the interest of 
 the said defendant A. B. therein, to the best of my know- 
 ledge and belief 
 
 {Formal parts : see ante, No. 421.) 
 
 Required an order appointing a guardian ad litem to 424. 
 A. B., an infant, who has been served with a copy of the OTder'appotot" 
 
 petition preferred on the of , 18— , by D. A SflSri" '" 
 
 and others in this cause \0r, matter] : by whom the said spondentto a 
 
 .^ _ .-L -J i-i- petition under 
 
 C. D. may appear upon the said petition. ord. eio. 
 
 21 
 
322 FORMS AND PRECEDENTS OF 
 
 425. (Formal parts : see ante, No. 384) 
 
 Notice of mo- \ a -r> ' o i r^ r\ 
 
 tionfor removal on the part of (the defendant) A. B., an infant, by U. D., 
 aud^^intaient of (Residence and addition), his next friend for the purpose 
 OrnS"''™'*"' of this application, that E. F., the guardian ad litem of 
 
 the said A. B., assigned by an order dated the of 
 
 , 18 — , may be removed ; and that the said C. D., or 
 
 some other proper persoli, may be assigned such guardian 
 in lieu of the said E. F. And take notice, that on such 
 motion will be read {&c., as in No. 382). 
 
 426. {Fornfuxl parts : see ante. No. 300.) 
 
 Affidavit in sup- 
 
 port of motion. I^ G. H., of {Place of business), gentleman, the solicitor 
 in this cause [Or, matter] for A B., make oath and say as 
 follows : 
 
 1. The said A. B. is [a party respondent named in the 
 
 petition preferred on the of , 18 — , by D. A. and 
 
 others in this cause Or, matter], [Or is a defendant in this 
 cause]. 
 
 2. The said A. B. is under the age of twenty-one years. 
 
 3. I have been instructed by the said A. B. [Or, by N. 
 B., the mother of the said A B.] to apply to bhis Hon- 
 ourable Court to be assigned the guardian of the said A B., 
 by whom he may appear upon the said petition. 
 
 4 I have no interest in the matters [in the said peti- 
 tion referred to] [Or, in question in this suit] adverse to 
 the interest of the said A. B. ; nor am I acting for any 
 other person or persons having any interest adverse to 
 that of the said A. B. 
 
 5. That Mr. J. H. was by an order of course issued in 
 this cause appointed guardian ad litem to the said A. B. 
 
 6. State shortly the reasons why it is sought to remove 
 J. H. and appoint G. H. (a) 
 
 (a) In Dewitt v. Ward^ the usual prtscipe order had been obtained under Ord. 610, 
 appointing Hoskin, Q. C, guardian ad litem to two infants of the a^s of 19 and 16 
 respectively. A motion was subsequently made on their behalf under Ord. 612 to dis- 
 charge the order, and for the appointment of another solicitor as guardian in his place. 
 In support of the application, affidavits were filed by each of the infants, stating that 
 they did not know Mr. Hoskin, and did not desire to, and would not consult with him 
 about the cause ; that they did know the solicitor whom they desired to be appointed 
 guardian, and that they were desirous that he should be appointed ; and further, that 
 they made the application voluntarily, and not at the instance or suggestion of any other 
 person. The solicitor proposed as guardian also filed the usual affidavit denying having 
 any adverse interest or being concerned for any person who had any adverse interest 
 to that of the infants. The motion came before Proudfoot, V. C., on the Uth October 
 1876, who refused the application, holding that the grounds assigned were Insufficient to 
 warrant the discharge of the order appointing Mr. Hoskin. It would therefore seem 
 that the Court has deprived infants of aU voice in the appointment of guardians ad 
 litem, and that they must submit to accept the nomination of the Court unless they can 
 show that the guardian assigned by the Court is for any reason personally unfit tore- 
 present them or protect their interests. 
 
INTERLOCUTORY PROCEEDINGS — IDIOTS, LUNATICS, ETC. 323 
 
 In Chancery. 
 
 , the day of , in the year of our Lord 427. 
 
 IQ Order appoint- 
 
 ■ ing guardian 
 
 Between adiuem. 
 
 Upon the application of the plaintiff alleging that the 
 said defendant is an infant under the age of twenty-one 
 
 years : It is ordered that , one of the solicitors of this 
 
 Court, be and he is hereby appointed guardian to the said 
 infant defendant, by whom he may answer the plaintiff's 
 biU and defend this suit {Or, by whom hemay appear and 
 defend this suit). 
 
 Entered. 
 
 , Clerk of Records and Writs. 
 
 {Or, Dep. Registrar). 
 
 Idiots, Lunatics, and Persons of Weak Mind. 
 
 1. Next Friends. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff, a person of unsound mind not 428. 
 so found, by A. B., of {Residence and addition), his next JJ?''emo'vai o'fl" 
 friend for the purpose of this application, that C. D., the next Hend, and 
 plaintiff's next friend in this suit, may be removed ; and another (a), 
 that {Continue as in No. 415, ante, to the end). 
 
 2. Ghiardians ad litem. 
 
 {Formal parts : see ante. No. 384.) 
 
 On behalf of the defendant A. B., a person of unsound 429. 
 mind so found, by C. D., of {Residence and addition), his ^"tZ^^^ 
 next friend for the purpose of this application, that the said ^°^^^ ^^°l 
 CD. may be assigned his guardian, by whom he may for a guardian to 
 defend this suit : his committee, the defendant E. F., hav- wherehfs' ™' 
 ing an adverse interest. Xraofy"'' 
 
 interested. 
 
 (a) The practice as to the removal and appointment of next friends of idiots, lunatics, 
 and persons of weak mind, is the same, mutatis mutandis, as the practice in the case of 
 infants ; and such of the forms 415 to 428 as are not included in this section can be 
 readily adapted. 
 
324 FOKMS AND PRECEDENTS OF 
 
 430. (Formal farts : see ante, No. 2>0(i.) 
 
 Affidavit in sup. T c T) oi ( Place of 6ttsmess), gentleman, the solicitor 
 
 port of motion ■■■) '^^ -^'i '-"^ \-^ <,iA,ty^ x^j ' .° -r> i j.1, „„J „■,„ 
 
 W in this cause for the defendant A. B., make oath and say 
 
 as follows: , .,, c 
 
 1. The defendant A.B. has been served with a copy ot 
 the plaintiff's bill in this suit, and has answered the same. 
 
 2. The said A. B. has, by proceedings in lunacy, been 
 found to be a person of unsound mind ; and the defendant 
 E. F. has been appointed and is now the committee of his 
 
 3. The said E. F. has an interest in the matters in 
 question in this suit adverse to the interest of the defend- 
 ant A. B. 
 
 4. I am the person {Continue as in par. 3 of jyo. 423). 
 
 431. {Formal parts : see ante, JVo. 384.) 
 
 Noticeoimotion On behalf of the defendant A. B., a person of unsound 
 rfm^omd^mfnd mind not so found, by C. D., oi {Residence, and addition), 
 TgZ'iZth^Z his next friend for the purpose of this appUcation, that the 
 assignedhim. ^^^^ Q J) jjj^y -^g assigned his guardian, by whom he may 
 defend this suit, and take notice, {&c., as in Form Wo. 382). 
 
 432 {Formal parts : see ante, Wo. 300.) 
 
 Affidavit in sup- We, C D., of {Place of business), gentleman, thesoEci- 
 port of motion. ^^^ -^ ^j^-^ ^^^^^ ^^^ ^j^^ defendant A. B., and B.E., of {State 
 
 place of residence, and add qualification to practise as a 
 medical man), severally make oath and say as follows : 
 And first I the said C. D. for myself say : 
 
 1. The said A. B. has been served with a copy of the 
 plaintiff's bill in this suit, and has answered the same. 
 
 2. I am (^Continue as in ante, Wo. 423, par. 3 to the 
 end). 
 
 3. The said A. B. has not been found of unsound mind by 
 inquisition, or other proceeding in lunacy [Or as may 6e]. 
 
 4. Show means of knowledge. 
 
 And I the said B. E. for myself say : 
 Affidavit as to 5. I have been in actual practice as a physician [Or os^ 
 feSt?' ^^ '"^y ^«] for years last past ; and I have for 
 
 years last past professionally attended the above-named 
 
 A. B. \0r as may he]. 
 
 (a) The proposed guardian must swear that he has no adverse interest ; hut where he 
 is unahle to depose to all or some of the other facts, another deponent can be joined,, 
 and the affidavit varied accordingly 
 
INTERLOCUTORY PROCEEDINGS — IDIOTS, LUNATICS, ETC. 325 
 
 6. I personally examined the said A. B. on the day 
 
 of , 18 — , at {State where), and on several previous 
 
 occasions [Or as may be], for the purpose of ascertaining 
 his state of mind. 
 
 7. From such my examination of the said A. B., I am de- 
 cidedly of opinion that he is of unsound mind, and wholly 
 incapable of the management of himself or his affairs, or of 
 the care of his property; and I have formed such opinion 
 from (State the grounds). 
 
 Sworn, Sue. 
 
 [Formal parts : see ante, No. 384.) 
 
 {Continue as in ante, JSfo. 431, to the end; and «c?(^ Notic^S' 
 
 433. 
 
 1 mo- 
 
 after word suit: in lieu of B. D., now deceased.) tion bydefend- 
 
 ■^ ' aut, for a g^uar- 
 
 dian to be 
 
 assigTied him, 
 
 in lieu of one 
 deceased. 
 
 {Formal parts : see ante, No. 300.) 
 
 We, C. D., of (Describe the deponents, as in No. 432), 434. 
 ,, 1 ii T r 11 AflBdavit m sup- 
 
 severally make oath and say as toilows : poi-t of motion. 
 
 And first I the said 0. D. for myself say : 
 
 1. G. H., who, by an order in this cause dated the 
 
 of , 18 — , was assigned the guardian ad litem of the 
 
 defendant A. B., died on the of , 18 — , and' no 
 
 person has since been assigned such guardian. 
 
 2. I am (Continue as in No. 423, par. 3, ante, to the 
 end of that Form.) 
 
 3. The said A. B. has not (Continue as in No. 432, 
 par. 3, ante, to the end of that Form). 
 
 Sworn, &c. 
 
 (Formal parts : see ante, No. 348.) 
 
 On behalf of A. B., a person of unsound mind not so 435. 
 found, by C. D., of (Residence and addition), his next ^°ffe^on°ct'' 
 friend for the purpose of this application : who has been ™f™,^„^i°'^,„, 
 
 served with the petition preferred on the of , a ^uarman to be 
 
 18 — , by D. A. and others in this cause [Or, matter] : respondenuoa 
 that the said C. D. may be assigned the guardian of the petition- 
 said A. B., by whom he may appear upon the said peti- 
 tion. And take notice (as in No. 382.) 
 
326 FOEMS AND PRECEDENTS OF 
 
 436. {Formal parts : see ante, Wo. 300.) 
 
 port^o?L'?tiT' We, C. D., of {Place of business), gentleman, the soUci- 
 
 or petition. ^qj. Jq ^jjig cause [Or, matter] for A. B. hereinafter named, 
 
 and B. E., of {Residence and description of a medical 
 
 man : see No. 432, ante), severally make oath and say as 
 
 follows : 
 
 And first I the said C. D. for myself say : 
 
 1. The said A. B. has been served with a copy of the 
 
 petition preferred on the instant [Or, last], by D. A. 
 
 and others in this cause [Or, matter]. 
 
 2. I am {Continue as in No. 423, ^ar. 3, ante, to the end 
 of that Form.) 
 
 4. The said A. B. has not {Continue as in No. 432, ^ar. 
 3, ante, to the end of that Form.) 
 
 437. {Formal parts : see ante, No. 384.) 
 
 SoaVpSifl, C'n the part of the plaintifi; that one of the solicitors of 
 thata"guaxdian' tjjig Honourable Court, may be assigned the guardian of 
 rdefendantf"^' the defendant A. B., a person of unsound mind not so 
 
 found, by whom he may (appear to and) defend this suit. 
 
 And take notice, that on such motion will be read (^c, as 
 
 in No. 382). 
 
 438. {Formal farts : see ante, No. 300.) 
 
 support. "* We, E. F., of {Place of business), gentleman, the solici- 
 
 tor in this cause for the plaintiff [Or as may be], and B. E., 
 of {Residence and description of a medical man : see No. 
 432, ante), severally make oath and say as follows : 
 And first I the said E. F. for myself say : 
 
 1. On the {Prove service of copy bill, as in No. 186 
 et seq., ante.) (a) 
 
 2. On the day of , 18—, I served C. D., of 
 
 {Residence and addition), who is the person with whom, 
 or under whose care, the said defendant A. B. was at the 
 time of serving him as aforesaid with the said copy of the 
 bill, with the notice of motion now shown to me and 
 marked A, by delivering a true copy of the said notice to, 
 and leaving the same with, the said C. D. personally at 
 {State where) — Or, with the wife — Or, son — Or, daughter 
 — Or, servant — (being a grown-up person) of the said G. 
 L)., at his dwelling-house situate at {State where). 
 
 (a) Where defendant has put in an answer and subsequently becomes lunatic, it is not 
 necessary to prove service of the bill, but the affidavit may be modified accordingly. 
 
INTERLOCUTORY PROCEEDINGS — MARRIED WOMEN. 327 
 
 3; The said A. B. has not been found of unsound mind 
 by inquisition, or other proceeding in lunacy [Or as may 
 6e]. 
 
 4. S^ow means of knowledge. 
 
 And I the said B. E. for myself say : 
 
 5. I have been in actual practice as a physician \0r as 
 may 6e] for years last past. 
 
 6. Show that the defendant is of unsound mind, and the 
 deponent's means of knowledge — see No. ^Z2, ante. 
 
 Sworn, &c. 
 
 defendant, to 
 discharge order 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that the order dated 439. 
 
 the of , 18—, whereby it was ordered that {Re- t'y pMntr''"" 
 
 cite so much of it as assigns a guardian), may be dis 
 charged. And take notice that on such motion will be assigning- 
 read (<fcc., as in No. 382.) ^"''"^'*°- 
 
 Affidavit in support accompanies. 
 
 Married Women. 
 1. Next Friends. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff A. B., by C. D., of {Residence 440. 
 and addition), her next friend for the purpose of this ap- aonby'a mar- 
 plication, that she may be at liberty — piainti£E°to 
 
 If tefore decree : to amend her bill, by inserting the substitute a 
 name of the said C. D. as her next friend, in lieu of E. F., "^'' 
 her present next friend. 
 
 Or, if after decree : to name the said C. D. as her next 
 friend, in all future proceedings in this suit, in lieu of E. 
 F., her present next friend. And take notice, that on 
 such motion will be read (<§c., as in No. 382.) 
 
 (Formal parts : see ante, No. 338. j 
 
 Upon the application of the plaintiff A. S. F., by 441. 
 C. T., her next friend for this purpose, and upon hearing cation b "an'''"" 
 the solicitors for the applicant, and for the (other) plain- ^^'Ji'^^Jl'"' 
 tiffs, and for the defendants, and upon reading the decree, p^^^^j,*" „^^j 
 dated, d^c, and an affidavit of the said A. S. F., filed, c&c, Mend, aitcr 
 It is ordered that upon C. T., of, (&c., giving security, to ''^°''^'- 
 
328 FORMS AND PRECEDENTS OF 
 
 be approved of by (the Master at ), to answer the de- 
 fendants' costs to this time, and their costs (if any) to be 
 hereafter awarded, the plaintiff A. S. F. be at hberty to 
 name the said C. T. as her next friend in this cause, m the 
 room of (the said) S. G., her present next friend : with 
 liberty for the said S. G. to make such application as he 
 may be advised as to the payment of the plaintiffs' costs 
 of this cause to this time. 
 
 442. {Formal parts : see ante, No. 384.) 
 
 ™marri Tof°a ou the part of the plaintiff L. K., now L. H., the wife of 
 
 female plaintiff, 'W. jj,^ of {Residence and addition), and of the infant plain- 
 
 oftheSfanfco- tiff E. C. M., by J. C, of {Residence and addition), their 
 
 appS'w a°next uext friend for the purpose of this application, that the 
 
 friend of both, plaintiffs may be at liberty to name the said J. C. as the 
 
 next friend of the said plaintiff E. C. M., in the place of the 
 
 said plaintiff L. K., now L. H., her present next friend, 
 
 and also as the next friend of the said plaintiff L. K., now 
 
 L. H. And take notice in support {&c., see ante, No. 382.) 
 
 Motions for Allowance of Service of Bill. 
 
 443. {Formal parts : see ante, No. 300.) 
 ^i^port'of" 1- The bill in this cause was filed on the day 
 
 motion for order q^ \^ _ 
 
 It bii™^)?'^"'^'' 2. On the day of I forwarded an office 
 
 copy of the said bill to the Sheriff of the County of , 
 
 in whose bailiwick the defendant A. B. lately resided, as 
 I have been informed by the said Sheriff, and verily be- 
 lieve, with instructions to serve the same on the said 
 defendant A. B., without delay. 
 
 3. On the day of the said Sheriff re- 
 turned the said office copy bill to me, with the letter 
 now produced to me and marked A. 
 
 4. On the day of I forwarded the said 
 
 office copy bill to C. D. at , being the place referred 
 
 to in the said exhibit A, as the place to which the said 
 defendant A. B. had removed, with instructions, &c. 
 
 5. {Set out in detail, with dates, the various efforts inade 
 to effect service within the prescribed time, and then pro- 
 ceed.) 
 
 (a) The application should be made within a month after the service, in which case 
 the service of the order allowing^ the service is dispensed witli. If the order is obtained 
 after the month, the order must be served. 
 
INTEIILOCUTORY PROCEEDINGS — ALLOWING SERVICE, ETC. 329 
 
 6. I have endeavoured to prosecute this suit with effect, 
 and without unnecessary delay, and the delay which has 
 arisen in serving the said defendant with the said office 
 copy biU has not been intentional, but has arisen solely 
 from the difficulty in tracing the said defendant, as here- 
 inafter stated. 
 
 {A certificate of the state of the cause should acoompany 
 the upidavit.) 
 
 {Formal parts : a^ in Nos. 338-9.) 
 
 Upon the application of the above named plaintiff, and 444. 
 upon hearing the solicitor for the applicant, and upon semce where" 
 
 reading the affida^-it of , it is ordered that the ^?S^'j™„f,?^^ 
 
 service of an office copy of the bill of complaint upon the f™" "le service. 
 
 defendant be allowed as good service, although 
 
 eflFected after the time limited in that behalf had expired. 
 
 And the said defendant is to have (four) weeks further 
 time from the date hereof within which to answer or 
 demur to the said biU. 
 
 {Proceed as in last Form to the last clause.) 
 
 And the said defendant is to have (four) weeks' further ^^ ^e^Wheie 
 time from the day of the service' hereof upon the said application made 
 defendant within which to answer or demur to the said from'tta'serrtce. 
 bill. 
 
 under Order 100. 
 
 Motions to serve Bill, kc, by Publication. 
 
 {Formal parts : see ante, Xo. 300.) 
 
 1. The plaintiff's bill in this cause was filed on the Affld^tosup- 
 
 of , 18 — , against the defendant A. B. t'oTsera'"°of wii 
 
 2. Sholu that the defendant is absent beyond the jurisdic- by publication 
 tion, or that upon- enquiry at his usual place of abode he^'"''"'^'^"^" 
 could not he found, so as to be served with a copy of the 
 bill or other process ; and that there is just ground to be- 
 lieve that he is gone out of the jurisdiction, or otherwise 
 absconded, to avoid being served ivith the copy oj'the bill or 
 othe r process of the Court. It should also be shown whether 
 or not the defendant has left any relations within the juris- 
 diction ; and if he have, an affidavit should be obtained 
 from some or one of them, or if they refuse to make affidavit 
 they should he orally examined before a special examiner 
 or Master as to the defendant's whereabouts. 
 
330 FOEMS AND PRECEDENTS OF 
 
 447. , In Chancery, ) — ■■ , the day of , A.D. 
 
 s/rWce'rf'bm'^ In Chambers, j 18 — . 
 
 uL'S'oSoo. Between-A. B Plaintiff, 
 
 and 
 
 CD Defendant. 
 
 Upon the application of the above-named plaintiff, and 
 
 upon hearing read the affidavit of and the exhibits 
 
 therein referred to, it is ordered that the defendant C. D. 
 do, on or before the day of next, answer or de- 
 mur to the bill of complaint in this cause. 
 (See next Form.) 
 
 Noticfk?' '^^ ^' ^■' ^^® above-named defendant. 
 an absconding Take noticc that if you do not answer or demur to the 
 pubushed'with" bill, p»rsuant to the above order, the plaintiff may obtain 
 Nr^r^betog^"^ ^^ order to take the bill as confessed against you, and the 
 Schedule c. to Court may grant such relief as he may be entitled to on his 
 
 own showing, and you will not receive any further notice 
 
 of the future proceedings in the cause. 
 
 Y^our answer is to be filed at the office of the [Clerk of 
 
 Eecords and Writs at Osgoode HaU, in the City of 
 
 Toronto.] 
 
 449. 
 
 Affidavit proving See Form 194, ante. 
 
 publication. ' 
 
 450. {Formal parts : see ante, 447.) 
 
 hm%-Tcm%so Upon the application of the plaintiff , and upon 
 
 after service by reading the order bearing date the dav of last ; 
 
 publication. ,, ^ i • i_ r it t.t.i 
 
 the amdavit oi and the exhibits therein re- 
 ferred to, and the certificate of the (State of the cause), 
 it is ordered that the said plaintiff be at liberty 
 forthwith to set down this cause to be heard in order that 
 
 bill of complaint may be taken proconfesso against 
 
 the said defendant , subject to the provisions of 
 
 the Consolidated General Orders 118, 114, 115 and 116. 
 
 451. In Chancery. 
 fnaSXi?-' Between-A. B Plaintiff, 
 
 dant, referred to an A 
 
 in Order 108, „ -r. 
 
 being Schedule O.D Defendant. 
 
 fha?o?der To the defendant C. D. : 
 
 Take notice that a motion will be made in Chambers, at 
 Osgoode Hall, in the City of Toronto, on the day of 
 
INTEELOCUTOEY PROCEKDINGS — MOTIONS TO AMEND. 331 
 
 {the time fixed by the order authorizing publication), 
 
 that the bill in this cause may be taken as confessed against 
 you ; and such order having been made, the Court may 
 grant to the plaintiff such relief as he may be entitled to 
 on his own showing ; and you will not receive any further 
 notice of the future proceedings in the cause. 
 Dated the day of , A.D. . 
 
 Plaintiff's Solicitor. 
 
 Motions to Amend Bills, &c. 
 In Chancery. 
 
 (Short style of cause.) 
 Required on behalf of the plaintiff, an order to amend the 452. 
 bUl, by rectifying the following errors therein, namely : order to wuena 
 {State shortly the corrections desired ; as : by substituting "'^^'^ '"^°^^- 
 the name " Smythe," for the name " Smith," throughout 
 the said biU ; by substituting the date " 1864," for the date 
 " 1846," in the paragraph numbered 2 ; by substituting 
 the sum " £500," for the sum " £300," in the paragraphs 
 numbered 4, 6, and 10. 
 Dated &c., 
 
 A. B., 
 Plainti^'s Solicitor. 
 To the [Clerk of Records and Writs,] 
 or (Deputy-Registrar at ). 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff, that he may be at liberty to 453. 
 
 1 1 • 1 •!! (^1 1 • j_-L • 1 i_ *i • _L i_i Notice of motion 
 
 amend his bill filed in this cause, by striking out the names to amend a 
 " Charles Baddeley," and substituting the name "Baddeley," Sto'^eor™.'" 
 as the Christian name of the plaintiff. And take notice 
 {&c., as in JSTo. 382). 
 
 {Formal parts : see ante, No. 452.) 
 on behalf of the plaintiff, an order to amend his biU as he -p^^f^^ 
 
 may be advised. order to amend 
 
 -K-T 1 i 1 _£?! 1 ti'l^ before 
 
 JNo answer has yet been filed. answer. 
 
332 
 
 FORMS AND PRECEDENTS OF 
 
 455. {Formal parts : see ante, ISlo. 384) 
 
 totmeni bm'"" Oil behalf of the plaintiff, for leave to amend [Or, re- 
 after answer, amend his biU by {set out the proposed amendments, or refer 
 to the same thus) in the manner shown in the Schedule 
 hereunto annexed. 
 
 Adding parties : by adding A. B., C. D. and E. F. as 
 defendants, with apt words to charge them. 
 
 Without prejudice to injunction : without prejudice to 
 the injunction awarded in this cause (a). 
 
 Without prejudice to a notice of motion for injunction : 
 without prejudice to the motion for an injunction now 
 pending in this cause (b). 
 
 Costs of amendment : upon payment of 20s. costs to the 
 defendant A. B. ; and without costs as to the other de- 
 fendants. And take notice {Sc, as in No. 382). 
 
 456. 
 
 Praecipe for 
 -order to amend 
 bill, pending 
 demurrer. 
 
 {Formal parts : see ante. No. 452.) 
 
 an order to amend the bill as the plaintiff may be advised 
 [or as may he : see ante, No. 455], the plaintiff hereby sub- 
 mitting to the demurrer of the defendant C. D., filed on 
 the day of , 18—. 
 
 457. {Formal parts : see ante. No. 384.) 
 
 Notice of motion , i n ,i t • ,• n* ,t i -i 
 
 to amend bill, on the part 01 the plaintiii, that he may be at liberty to 
 amend his bill, as he shall be advised ]^or as may 6e], 
 without such amendment operating as a discharge of the 
 contempt committed by the defendant A.B. in \_as may he], 
 or rendering it necessary to proceed with the process of 
 contempt de novo. And take notice (as m No. 382). 
 
 without the 
 amendment 
 discharging a 
 contempt. 
 
 458. {Formal parts : see ante, No. 384.) 
 
 Notice of motion , ■n.i t • ■ rf ^ 
 
 to amend joint on the part 01 the piamtms, that they may be at liberty 
 and "^eTby" to amend their biU in this cause by making the above 
 biifofthe'^e named H. I. K. {husband) a defendant, and making it the 
 ™iy by her next bill of complaint of F. C, the wife of the said H. I. K., 
 by C. A. K., of {Residence and addition), her next friend, 
 and otherwise as they shall be advised ; and that the 
 
 (o) See McGregor v. Maud, 2 Chy. Ch. R. 387, as to when notice is necessary. 
 
 (ii) A motion for an injunction held to be abandoned by amendine the bill pending 
 the motion under an order of course : Gouthwaite v, Rippon, 1 Beav 64 • MacckmeU v. 
 Street, 13 Grt. 168 ; and see Davy v. Davy, 2 Chy. Ch. R. 81. ' 
 
INTERLOCUTOEY PROCEEDINGS — MOTIONS TO AMEND. 833, 
 
 costs of this application may be costs in the cause. And 
 take notice, that on such motion will be read (<&g., as in 
 Xo. 382). ^ 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiffs, that they may be at liberty 459. 
 
 to withdraw the repheation filed in this suit on the fo°™°tM™v"°°' 
 
 day of , 18 — , and amend [Or, re-amend] their bill by replication, and 
 
 [set out amendments desired]. And take notice, that on *'°'° 
 such motion will be read (c&c, as in No. 382.) 
 
 (Forvial parts : see ante, No. 300.) 
 
 We, A. B., of {Residence and addition), the above 460. 
 named plaintiff [Or, one of the above-named plaintiffs — ^pS o"mo- 
 Or, We, A. B., of, ^c, the next friend in this cause of the t^°'oam™<i 
 above-named plaintiffs], and C. D., of {Place of business), 
 gentleman, the solicitor in this cause for the plaintiffs, 
 severally make oath and say as follows : 
 
 1. The counsel of the plaintiffs has advised that their 
 bill in this cause should be amended [Or, re-amended], 
 and has settled and approved the draft of the amendments 
 proposed to be made in the said BUI. 
 
 2. Such amendment is not intended for the purpose of 
 delay or vexation ; but because the same is considered to 
 be material for the case of the plaintiffs. 
 
 3. For the reasons hereinafter stated, the matter of the 
 said proposed amendment is material, and could not, with 
 reasonable diligence, have been sooner introduced into 
 the said bill, that is to say : {Show how the amendment is 
 material ; and that reasonable diligence has been used.) 
 
 A certificate of the state of the cause accompanies and 
 an affidavit proving the truth of the proposed amendments 
 is also necessary, unless the defendants own admission on 
 his examination, or in his answer, is suffi,cient for that 
 purpose. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff A. B., that he may be at liberty j^^^j^^et^ 
 to amend the plaintiffs' bill by striking out the name of tiou!°by a pitin- 
 C. D. as a co-plaintiff, and making him a defeudant ; and ^'end'bTmak- 
 that the said C. D. may be ordered to pay to the plaintiff >°?? defendant 
 
 .*'-,, 1 1 iii**^ ^^ co-plain- 
 
 A. B. the costs occasioned by such amendment, and also tiff refusing to 
 the costs of giving any security for costs which the defend- p™'^''*- 
 
334 
 
 FOHMS AND PEECEDENTS OF 
 
 ants or any of them may be held entitled to in conse- 
 quence of such amendment, and incidental thereto ; and 
 also the costs of and incident to this application : to be 
 taxed as between solicitor and client. And take notice 
 (^c, as in No. 382). 
 
 462. 
 
 Notice of mo- 
 tion for time to 
 apply for an 
 order to amend. 
 
 {Formal parts : see ante, No. 384) 
 on the part of the plaintiff, that the time allowed him to 
 obtain an order of course to amend his bill may be en- 
 larged to the , 18 — ; and that the costs of this ap- 
 plication may be costs in the cause. And take notice, that 
 on such motion will be read (^c, as in No. 382.) 
 
 463. 
 
 Order thereon. 
 
 {Formal parts : see ante, No. 338-9.) 
 
 Upon the application, ^c, It is ordered that the time al- 
 lowed the plaintiff to obtain an order to amend his bill be 
 
 enlarged to the day of , 1 8 — . And it is ordered 
 
 that the costs of this application be costs in the cause \_0r, 
 
 that the plaintiff A. B. pay to the defendant C. D. $ , 
 
 for his costs of this application]. 
 
 464. 
 
 Notice of mo- 
 tion to enlarge 
 time to amend, 
 under an order 
 obtained. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff, that the time limited by the 
 
 order dated the , 18 — , for the applicant to amend 
 
 his bill, pursuant to the said order [Or,to the order dated 
 
 the , 18 — ], may be (further) enlarged to the , 
 
 18 — ; and that the costs of this application may be costs 
 in the cause. And take notice, that {^c, as in No. 382.) 
 
 465. 
 
 Order to amend. 
 
 {Formal parts : see ante, Nos. 338-9.) 
 
 Upon the application of the plaintiff. It is ordered that 
 
 be at liberty to amend bUl of complaint in this 
 
 cause, as may be advised, without costs ; amending 
 
 the defendant office-cop — thereof ,and making 
 
 such amendment within fourteen days from this date. 
 
 Entered. 
 
 466. 
 
 Prsecipe for 
 amendment of a 
 bUl 
 
 In Chancery. 
 
 {Short title.) 
 
 Praecipe to amend the bUl under order, dated the 
 
 day of , 18 — . 
 
 . ^■^- 
 Plaintiff's Solicitor [Or, agentl. 
 
INTERLOCUTORY PROCEEDINGS — MOTIONS TO AMEND. 335 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that the plaintiff's re- 467. 
 amended bill may be taken oflF the file ; or that the para- J-o" ^1™' 
 graph thereof numbered [14a] may be struck out from ™™ji^<*t'iii off 
 such bill ; and that the costs of this application may be out amend- 
 paid by the plaintiff. And take notice, that on such mo- i?r°guMty. 
 tion will be read (<fec., as in JVo. 382). 
 
 {Formal parts : see ante, JVo. 384.) 
 on the part of the defendant A. B., that the plaintiff's 468. 
 amended bill may be taken off the file ; or, that the amend- uJereor '°™ 
 ments made in the plaintiff's bill since the order dated the 
 
 , 18 — {Order to amend) may be struck out, and the 
 
 record restored to the state in which it was in immediately 
 before such amendments were made ; and that the plain- 
 tiff may be ordered to pay to the defendant his costs oc- 
 casioned by such amendments, and of this application. 
 And take notice, that on such motion will be read (o&c., as 
 in No. 382). 
 
 {Formal parts : see ante. No. 388.) 
 on the part of the defendant A. B., that the plaintiff may 469. 
 be ordered to pay to the said defendant his costs of this tion, for pay- 
 suit up to the time of fihng the plaintifl's amended biU ; SM^ S""*' 
 or so much of the defendant's costs of the original bOl, b*u°"and!ined 
 and of his answer thereto, and of the other proceedings by amendment. 
 
 thereon, as have been occasioned by the and 
 
 paragraphs of the said original bill, and the relief sought 
 with respect thereto [Or, as has been occasioned by the re- 
 lief sought by the said original bill with respect to (State 
 what ) ] ; and also the defendant's costs of this application. 
 And take notice, that on such motion will be read {^c, as 
 in No. 382). 
 
 {Formal parts : see ante, No. 384.) 
 on behalf of the defendant A. B., that he may be at 470. 
 liberty to take the answer filed by him in this cause on tor im°e tTfliT 
 
 the day of off the files [and that he may have ™™d«4 ""'^^ 
 
 liberty to amend the same in the following particulars, 
 namely, by adding, &c., and that he may be at liberty to 
 
 (a) This application should he made to the Judge at the hearing of the cause: see 
 McGilMvray v. McConkey, 6 Pr. E. 66. 
 
 (h) Danl. Pr. 743. Where the answer is filed without oath, Semble it might be amended, 
 and the notice of motion might be so worded. 
 
336 FORMS AND PRECEDENTS OF 
 
 re-swear and re-file the same so amended], Or, that he may 
 have leave to file in lieu thereof an answer in the form 
 and to the eifect (of the Exhibit A, referred to in the affi- 
 davit of C. U., filed in support of this application), [Or, 
 set forth in the Schedule hereunto annexed.] And take 
 notice that on such motion will he read {&c., as vn. No. 
 382). 
 
 471. (Formal parts : see ante, No. 384.) 
 
 to?*fe^ve*rflie° On behalf of the defendants, that they may be at liberty 
 to file a supplemental answer in this cause in the form 
 and to the effect set forth in the Schedule hereunto an- 
 nexed, &c. And take notice that in support (<fcc., as in 
 No. 382). 
 
 supplemental 
 answer under 
 Gen. Ord. 128. 
 
 472. 
 
 Affidavit in 
 support. 
 
 {Formal parts : sec ante, No. 300.) 
 
 1. That it is material and necessary for the defendant's 
 defence to this suit that he should be allowed to set up 
 the facts mentioned in his proposed supplemental answer 
 now shown to me and mariied A. 
 
 2. That this application to file the said supplemental 
 answer is not made for the purpose of delay. 
 
 3. (The proposed supplemental answer should be sworn, 
 or there must be other proof of the truth of the faets pro- 
 posed to be set up thereby.) 
 
 4. (If any delay has taken place in making the applica- 
 tion, it nfhust be properly explained.) 
 
 A certificate of the state of the cause accompanies. 
 
 473. (Formal parts : see ante. No. 387.) 
 Petition to i_ That in the order [Or deGree\ made herein on the 
 
 amend clenoal , „ _„ .i- i-i ... , 
 
 error in an order day 01 , lo — , tnere IS a Clerical error in the sixth para- 
 
 or decree. graph thereof; the lands and premises in question in this 
 cause being therein described as " the north half of lot, 
 &e., " whereas the said lands are in truth and in fact the 
 south half, <&e., as by reference to the Bill of Complaint in 
 this cause wUl appear. 
 
 Your petitioner therefore prays : 
 
 That the said order (Or decree) maybe amended 
 by striking out the word " North " in the 6th 
 paragraph, and by inserting in lieu thereof the 
 word " South." 
 
 And your petitioner wiU. ever pray, &c. 
 
INTERLOCUTORY PROCEEDINGS — AMENDING THE BILL. 337 
 
 {Formal parts : see ante, No. 387.) 
 
 1. This cause was heard before the Honourable the . 474. 
 Viee-Chancellor B at , on the day of . amend decree or 
 
 2. That by the judgment of His Honour it was amongst make'sam^*" 
 other things ordered and directed that (stating that part ^S*^™^"^'^!^ 
 of the judgment imuhichthe decree is erroneous or defec- court. 
 tive). 
 
 3. That in the decree (Or, order) which has been issued 
 
 in this cause, and which bears date the day of , 
 
 the said order and direction of His Honour the Vice- 
 Chancellor has been omitted, (Or, state how otherwise the 
 decree varies from the judgment). 
 
 Your petitioner therefore prays : 
 
 1. That the said decree [Or, order] may be 
 amended by (state shortly the am^ndment re- 
 quired), so that the same may be made to con- 
 form to the judgment of the Court. 
 
 And your petitioner will ever pray, &c. 
 
 (Formal parts : see ante. No. 382 or 384.) 
 
 on behalf of the for an order to amend the Report 475. 
 
 of the Master (at ) made herein on the day of tion to amend 
 
 , by (stating specifically the amendments sought to he ™15^|porf(a). 
 
 made). And take notice, that in support of such motion, 
 ((fee, continue as inform 382). 
 
 The certificate of the Master usually accompanies, unless 
 the mistake be one that can be corrected by reference to the 
 report itself. 
 
 [Formal parts : see ante. No. 384.) 
 
 on behalf of the for an order amending the writ of . 476. 
 
 injunctionissuedin this cause on the day of , \_0r, tion to amend 
 
 the writ of fieri facias issued, fee. Or, the petition ffled ™^eemn^^"" 
 herein on the day of (and all proceedings sub- 
 sequent thereto) (b) ] by (stating specifically the proposed 
 amendment). And take notice, that in support of such 
 motion will be read (<fcc., continue as in No. 382). 
 
 (a) Where the mistake is merely a clerical error, or one apparent on the face of the 
 report itself, the motion may be made in Chambers, otherwise the motion should be 
 made io Court. 
 (J) A petition is necessary if the amendment of an order is required : see Ord. 386. 
 
 22 
 
'338 jfobms ajsd precedents of 
 
 Motions to take Bills and other Proceeimngfs off 
 THE Files, and to Dismiss Bills, othertwise than 
 AT THE Hearing, and to Stay Proceedings. 
 
 '477. {Formal parts: see amte, No. 384.) 
 
 ?y 8ofe"piZtifl° on the part of A. B., the plaintiff named in the bill filed 
 
 to take bill filed' jn this cause on the of , 18 — : 
 
 thority off^'the 1. That the said bill may be taken off the file of this 
 ^^^' Court, or dismissed with costs : such bill having been filed 
 
 without his authority. 
 
 2. That the defendant's costs of this suit may be taxed 
 and that Mr. C. D., the solicitor by whom the said bill 
 was filed, may be ordered to pay such costs to the defen- 
 dants. 
 
 3. That in case he shall neglect so to do, and the plain- 
 tiff shall pay such costs, or any part thereof, the said C. 
 D. may be ordered to repay to the plaintiff what he shall 
 so pay, together with such costs as he shall be put to by 
 reason of such non-payment. 
 
 4. That the said C. D. may be ordered to pay to the 
 plaintiff his costs of this suit, if any, and of this applica- 
 tion : to be taxed as between solicitor and client (by the 
 
 Master at ). And take notice, that on such motion 
 
 win be read {&c., as in Ifo. 382.) 
 
 478. {Formal parts : see ante, No. 384.) 
 
 by*i°lo-pSm; on the part of A. B., one of the plaintiffs named in the 
 
 namJ?ut'Sbiii' ^^^ ^^^^ ^^ ^^^^ causo On the of , 18 — , that his 
 
 filed without his name may be struck out of the said biU : such bill having 
 authority. ^^^^ g^^^j without his authority ; and that Mr. C. D., the 
 solicitor by whom the said bill was filed, may be ordered 
 to pay to the said A. B. his costs, if any, of this suit, and 
 his costs of this application : to be taxed as between soli- 
 citor and client. And take notice, that on such motion 
 wiU be read {&c., as in No. 382.) 
 
 motion. 
 
 479. {Formal parts : see ante, No. 300.) 
 
 ^^rt'o" I, A. B., of {Residence and addition), the above-named 
 
 """"" plaintiff [Or, one of the above-named plaintiffs], make 
 
 oath and say as foUows : 
 
 1. On the of , 18 — , I for the first time became 
 
 aware that the bill in this cause had been filed in my 
 name as the plaintiff [Or, one of the plaintiffs] therein. 
 
INTERLOCUTORY PROCEEBINGS — MOTIONS TO DISMISS, ETC. 339 
 
 2. I am informed and believe that the object of the 
 said bill is (State object, shortly ; as thus : to have the 
 estate of E. F., deceased, administered under the direction 
 of this Honourable Court.) 
 
 3. Mr. CD., the solicitor by whom, as I am informed and 
 believe, the said bill has been filed, or any person on his 
 behalf, has never been authorized by me, or by my direc- 
 tion, to file the said bill, or to institute or prosecute any 
 other suit or proceeding in my name, or on my behalf, re- 
 lating to the subject matter of the said biJl. I have 
 never consented to or acquiesced in, and I desire to re- 
 pudiate this suit 
 
 4. State any comTnunioations had with the solicitor who 
 filed the bill, and explain the cause of any delay in apply- 
 img, since deponent discovered that the suit had been in- 
 stituted. 
 
 5. Show means of knowledge. 
 
 {Formal parts : see ante, Ifo. 384.) 
 
 On the part of the defendant A. JB., that the informa- 480. 
 tion [Or, amended information] in this suit may be taken to°take°k5orma° 
 off the files of this Court for irregularity : the same not Jj,fwant*^f^ ^^' 
 being nor purporting to be signed by Her Majesty's At- infonnanfs 
 tomey-General, the informant therein named ; and that ^*°* ""' 
 C. D., the person named as the relator in the said informa- 
 tion, may be ordered to pay to the defendant A. B. his costs 
 of this suit, and of this application. And take notice (^c, 
 as in No. 382.) 
 
 {Titles of both suits, and formal parts : see ante. No. 384.) 481. 
 on behaJf of the above-named infant plaintiff, by C. D., ,^?"n inquSy™ 
 his next friend in the first [Or, second] mentioned suit which of two 
 [Or, on behalf of the defendant E. F.], that an inquiry may infant plaintiff's 
 be made which of these suits it will be most for the benefit ''™^^'- 
 of the infant plaintiff to prosecute ; and that, ia the mean- 
 time, all other proceedings in these suits may be stayed. 
 And take notice, that on such motion will be read {&c., as 
 in No. 382.) 
 
 ( Titles of both suits, and formal parts : see ante,No. 384.) 482. 
 on behalf of the above-named infant plaintiff, by C. D., his Jl°,tay Irsua" 
 next friend in the first [Or, second] mentioned suit [Or, on "n the Maater'a ' 
 behalf of the defendant E. F.], that all farther proceedings the other only 
 in the second [Or, first] mentioned suit may be stayed ; prosecuted. 
 
340 FOBMS AND PRECEDENTS OF 
 
 and that G. H., the next friend of the plaintiff therein, 
 may be ordered to pay to (the said C. D. and) the defen- 
 dants their costs of and occasioned by such suit, and of 
 
 the application for the order dated the of , 18 — 
 
 (Order directing inquiry which of the two suits should 
 be prosecuted), and of the inquiry thereby directed, and of 
 and relating to this application. And take notice, that 
 on such motion will be read (^c, as in No. 382.) 
 
 483. {Formal parts : see ante, No. 384.) 
 
 Notice of mo- 
 tion for dismissal 
 
 on behalf of the infant plaintiff, by C. D., of [Residence and 
 
 of. or inquiry as addition), his next friend for the purpose of this applica- 
 byaifSfant™ tion \_0r, on behalf of the defendant E. F.J, that the bill 
 filed in this cause may stand dismissed ; and tbat G. H., 
 the next friend of the plaintiff therein, may be ordered to 
 pay to the defendant his costs of and occasioned by this 
 suit, and (to the defendant, and the said C. D., their costs) 
 of this application : 
 
 Or, that an inquiry may be made whether this suit has 
 been properly instituted ; and whether it will be fit and 
 proper, and for the benefit of the infant plaintiff, that this 
 suit should be further prosecuted ; and if so, whether the 
 said G. H. is a proper person to be the plaintiff's next 
 friend ; and if he is not, that some proper person may be 
 approved as such next friend in his stead. 
 
 And that aU other proceedings in this suit may be stayed 
 in the meantime. And take notice, that on such motion 
 will be read (<fcc., as in No. 382.) 
 
 484. [Title — and Address to the Judges : see ante. No. 387.) 
 pSiff, on^° * The humble petition of the plaintiff, late an in- 
 
 Si bin^'t^ fant, but now of full age, 
 
 costs before Sheweth as follows : 
 
 1. Your petitioner, when an infant, by C. D., his next 
 friend, filed his bill in this cause against the defendants : 
 to which they appeared; but no decree has yet been made 
 therein. 
 
 2. Your petitioner has now attained his age of twenty- 
 one years, and is not desirous to proceed any further in 
 the said cause. 
 
 Your petitioner therefore humbly prays, that his 
 said bill may stand dismissed out of Coui-t : with 
 costs to be paid by him to the said C. D., and to- 
 the defendants. 
 
 And your petitioner will ever pray, &c. 
 
INTERLOCUTORY PROCEEDINGS— MOTIONS TO DISMISS, ETC. 341 
 
 (Formal parts : see ante, No. 384.) 
 on behalf of the plaintiff, late an infant, but now of full 485. 
 age, that on payment by him to 0. D., late his next friend, aon to°taT" 
 and to the defendants, of their costs of this suit, all fur- §^°°||''jjj^/i^**'' 
 ther proceedings therein may be stayed. And take notice, case. 
 that on such motion will be read (<fec., as in No. 382.) 
 
 {Formal parts : see ante, No. 384.) 
 on behalf of the plaintiff A. B., late an infant, but now of jj^^^f^^o. 
 full age, that the name of the plaintiff A. B. may be omitted tion, by a, co- 
 in all future proceedings in this cause, as a party co-plaiu- coi^ ot^, 
 tiff thereto. And take notice, that on such motion will ^J*/SpM*tM! 
 be read (<fee., as in No. 382.) 
 
 {Formal parts : see ante. No. 384.) 
 on the part of the above named plaintiff A. B., the wife of , 487. 
 (the defendant) C. D., by E. F., of (Residence and addition), moaon°by a 
 her next friend for the purpose of this application, that the JSSw Med ™n 
 
 bill filed in this cause on the of , 18 — , may be Jj?[]f °„^ ^ *^' 
 
 taken off the file of this Court, or dismissed with costs : consent, may be 
 such bin having been filed without the consent of the said 'i'^™-'®^'*- 
 A. B. ; and that the above named G. H. {Next friend in 
 hill) may be ordered to pay to the defendants their costs 
 of this suit ; and also to pay to the said E. F. the costs, if 
 any, of the said A B. of this suit, and her costs of this ap- 
 pHcation. And take notice, that on such motion will be 
 read (<fcc., as in No. 382). 
 
 {Formal parts : see ante, No. 384.) 
 on the part of {Continue as in No. 487, to application), Th^'^e^otice, 
 that the name of the said A B. may be struck out of the where the mar^ 
 
 « - T_i.'ii Tied woman la a 
 
 bill filed in this cause on the of , 18 — : such bill co-piaintifl. 
 
 having been filed without her consent ; and that the above 
 named C. D. {Next friend in bill) may be ordered to pay 
 to the said E. F. the costs, if any, of the said A B. of this 
 suit, and her costs of this application. And take notice, 
 that on such motion will be read {d^c, as in No. 382.) 
 
342 
 
 FORMS AND PEECEDENTS OF 
 
 489. 
 
 Notice of 
 motion by a 
 defendant, that 
 a married 
 woman plaintiff 
 may name a new, 
 in Ueu of a 
 deceased, next 
 friend. 
 
 (Formal parts : see ante, No- 384.) 
 on the pai-t of the defendant A. B., that the plaintiff C. D. 
 may be ordered within (one month) from this time to name 
 and appoint a new and sufficient next friend in this suit, 
 in lieu of E. F., now deceased ; or, in default thereof, that 
 the plaintiff's bill may stand dismissed with costs. And 
 take notice, that on such motion will be read ((fee, as in 
 M. 382.) 
 
 friend is 
 appointed. 
 
 The 1ft? to sta (Formul pavts : see ante, No. 384.) 
 proceedinijstuia on the part of the defendant A. B., that all further pro- 
 bS'rupt%ext* ceedings in this suit may be stayed until a new and suf- 
 ficient next friend shall have been named and appointed 
 by the plaintifi", in lieu of C. D., her present next friend : 
 who has become insolvent ; but without prejudice to the 
 liability of the said C. D. to the costs already incurred by 
 the defendant A. B. in this suit. And take notice, that 
 on such motion will be read (<fec., as in No. 382.) 
 
 491. 
 
 Notice of mo- 
 tion, by plain- 
 tiff, to dismiss 
 bill after an- 
 swer, without 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff, that his bill may stand dis- 
 missed as against the defendant [Or, aU the defendants — 
 Or, the defendants A. B., and C. D.], without costs. And 
 take notice, that on such motion will be read {doc, as in 
 No. 382.) 
 
 ,492. {Formal parts : see ante. No. 384.) 
 
 tton'Vpi^tiff, on behalf of the plaintiff, that his bill may stand dismissed 
 \° ^^y^J^ as against the defendants A. B. and C. D., with costs ; 
 defendants, after but without prejudice to the question how such costs are 
 vriaoutpreju- ultimately to be borne, as between the plaintiff and other 
 
 defendants. And take notice, that on such motion wiU 
 
 be read {&c., as in No. 382). 
 
 dice. 
 
 , 493. {Formal parts : see ante. No. 384.) 
 
 tion, to dismiss On the part of the plaintiff [or as m,ay &e], that, by con- 
 c^gl* ™''™" sent, the plaintifl's bill in this cause may stand dismissed 
 consent'*™' ^^ t^'''' ^^^* ^ further proceedings in this cause may be 
 
 stayed], on the terms following, namelj' : {State the teryns); 
 
 and that aU proper directions for carrying the said terms 
 
 into effect may be given. And take notice, that on such 
 
 motion will be read (cfcc, as in No. 382). 
 
INTERLOCUTORY PROCEEDINGS — MOTIONS TO DISMISS, ETC. 343 
 
 {Formal jyarts : see ante, No. 884.) 
 on the part of the defendant A. B., that {State the tei^ms 494. 
 proposed ; as thus : upon payment by him to the plain- uonl^by'dSend- 
 tiff within (three weeks) of the amount of the debt due ™u''o°sJf°'re. 
 to the plaintiff from the estate of A. B., the testator in ceedings, on 
 the plaintiff's bill named, on the promissory note therein I^m^ piMatlft's 
 mentioned, and of interest thereon at 6 per cent, per an- '*''™™'i- 
 
 num from the ■ of , 18 — , till payment, and of the 
 
 plaintiff's costs of this suit : to be taxed), the plaintiff's 
 bin may stand dismissed — Or, all further proceedings in 
 this suit may be stayed — If there are other defendants, 
 add : as against the said defendant A. B. And take no- 
 tice, that on such motion wiU be read {^c, as in JVo. 382). 
 
 495. 
 
 {J'ormal parts : see ante, Ro. 384.) 
 on the part of the defendant A. B. : 
 
 1. That an account may be taken of what is now due Another form 
 to the plaintiff for principal money and interest, in re- *''^"'>'- 
 spect of his debt in the plaintiffs bill mentioned ; and that 
 
 the costs of this suit, and of this application, may be taxed 
 (by the Master at ). 
 
 2. That upon payment of the amount of the said prin- 
 cipal, interest, and costs, by the defendant to the plaintiff, 
 within (one week) after the Master's report shall have be- 
 come absolute, the plaintiff's bill {Continue as in N'o. 494, 
 to the end). 
 
 {Formal parts : see ante. No. 384.) 
 on the part of the defendant D. L. H. : 
 
 1. That he may, on or before the dav of ,^t,-^^P' 
 
 J ' . ^^ 1 * j» j_i • Notice of mo- 
 pay the sum of $ into Court, to the credit oi this tion, by a sub- 
 cause ; and that the same may be laid out in Dominion Kcer.'to au- 
 Stock, and the interest invested and accumulated; but ^^^°'™'*'" 
 not otherwise dealt with, without notice to him. '^^h°'^S?'™'* 
 
 2. That upon such payment being made, the plaintiff's against his co- 
 bUl may stand dismissed as against all the defendants, ex- pf^tnt^i T 
 cept the said D. L. H. : with costs to be taxed and with- f^^^J^'^aud 
 out prejudice to any other suit. for inquiry as to 
 
 3. That the defendant D. L. H. may pay to the plain- ^i^af. 
 tiff and the said other defendants, respectively, their costs 
 
 of this suit, including the costs of this application : to be 
 taxed. 
 
 4. That, on the undertaking of the defendant D. L. H. 
 to indemnify the plaintiff against any proceeding which 
 
344 
 
 FOEMS AND PRECEDENTS OF 
 
 497. 
 
 Notice of mo- 
 tion to stay 
 proceedings, 
 till costs of 
 former suit 
 are paid. 
 
 may be taken in the meantime, by any party, for redeem- 
 ing the plaintiff's security, an account may be taken of 
 what is due to the plaintiff for principal and interest in 
 respect of his mortgage securities, in the pleadings men- 
 tioned, and for all sums of money properly paid by him in 
 respect of his mortgage securities. 
 
 5. That the plaintiff's costs of this suit, and all costs, 
 charges, and expenses properly incurred by him, and by 
 D. J. deceased, the testator in the pleadings named, re- 
 spectively, in any other suits, or otherwise in respect there- 
 of, may be taxed. 
 
 6. That an account may be taken of the rents and profits 
 of the said mortgaged premises, come to the hands of the 
 plaintiff, or to the hands of any other person or persons 
 by his order or for his use, or which he, without his wilful 
 default, might have received. 
 
 7. That what shall be coming on the said account of 
 rents and profits, may be deducted from what shall be due 
 to the piaintifi for principal, interest, and costs, as afore- 
 said ; and the balance be certified. 
 
 8. That the plaintiff, and the defendant D. L. H., respec- 
 tively, may be at liberty to apply to this Court, as they 
 may be advised. 
 
 9. That in default of payment by the defendant D. L. H. 
 
 of the said $ , by the time aforesaid, the costs of the 
 
 plaintiff, and the said other defendants, of this application, 
 may be taxed, and be paid to them by the defendant D. 
 L. H. And take notice, that on such motion will be read 
 (^c, as in No. 382). 
 
 {Formal parts : see ante, I^o. 384.) 
 on the part of the defendant A. B., that all further pro- 
 ceedings in this cause — If there are other defendants, add : 
 as against the said defendant — may be stayed until after 
 the plaintiffs shall have paid to the said defendant the 
 
 sum of $ , the amount of the taxed costs directed to 
 
 be paid by them to him by the order made in the cause of 
 
 C. V. D., dated the of , 18 — . And take notice 
 
 {&c., as in No. 382.) 
 
 498. 
 
 Further notice 
 of motion, for 
 dismissal of bill, 
 in default of 
 payment. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that the plaintiffs may 
 
 be ordered, on or before the of , 18 — , to pay to 
 
 the defendant the sum of $ , mentioned in the order 
 
 in this cause dated the of , 18 — , pursuant to 
 
INTERLOCUTOEY PROCEEDINGS — MOTIONS TO DISMISS, ETC. 345 
 
 the order made in the cause of C. v. D., dated the of 
 
 , 18 — ; or, in default thereof, that the plaintiff's bill 
 
 may stand dismissed out of Court — If there are other 
 defendants, add : as against the said defendant — for want 
 of prosecution without further order : with costs to be 
 paid by the plaintifls to the said defendant. And take 
 notice (Sc, as in No. 382.) 
 
 (Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that all further pro- 499. 
 ceedings in this cause — If there are other defendants, uon tosL^" 
 add : as against the said defendant — may be stayed until fi"paTO°^t'by 
 plaintiffs shall have paid to the said defendant the sum plaintiff ot costi 
 
 of % , the amount of the taxed costs payable by them pLd^y ma t«. 
 
 to him, pursuant to the order dated the of , *'^^ ™'' 
 
 18 — . And take notice (<fcc., as in No. 382.) 
 
 (Formal parts : see ante No. 384). 
 on the part of the defendant A. B., that all proceedings 500. 
 in this cause be stayed until the plaintiff has cleared his uon to stay "' 
 contempt in not (State what). And take notice, that on ^[°jnaff?f?he 
 such motion will be read (<fcc., as in No. 382.) dears Ms oon- 
 
 *■ ' ' , tempt. 
 
 ( Titles of both suits and formal parts : see ante. No. 384.) NoticfS mo- 
 on the part of A. B., the plaintiff in the first mentioned *'°^*°|£|^ ;„ 
 cause [Or G. D., the defendant in each of the above men- one of two con- 
 
 , ' -, 1-1 current eredi- 
 
 tioned causes — or as may oe\ : tors' suits, atter 
 1. That all further proceedings in the second mentioned ^t^",°;^^^. "'^ 
 cause may be stayed; and that the costs of E. R, the 
 plaintiff therein, up to the time he had notice of the de- 
 cree in the first mentioned cause dated the of , 
 
 18 — , including his costs of this application, may be 
 taxed. 
 
 Where assets admnited : 2. That such costs may be paid 
 to the plaintiff E. F., by the defendant C. D. \or as may 6e], 
 out of the assets of G. H., the testator in the pleadings 
 named ; and that the plaintiff E. F. may be at liberty to 
 go in under the said decree, and prove his claim, against 
 the assets of the said G. H. 
 
 Or where assets denied : 2. That the plaintiff E. F. may 
 be at liberty to go in under the said decree, and prove his 
 
346 
 
 FORMS AMD PRECEDENTS OF 
 
 claim, and the amount of his said costs, against the assets 
 of the said G. H. 
 
 3. That the costs of the defendant C. D. of the second 
 mentioned cause, and the costs of the plaintiff A. B., and 
 the defendant C. D. [or as may be], of this application, 
 may be costs in the first mentioned cause. 
 
 Motions to Bismiss for want of Prosecution. 
 
 502. 
 
 Notice of mo- 
 tion to dismiss 
 bUlforwant of 
 prosecution. 
 
 {Formal parts : see ante. No. 384.) 
 on the part of the defendant A. B., that the plaintiff's bill 
 in this cause may stand dismissed — If there are other de- 
 fendants, add : as against the said defendant — for want 
 of prosecution : with costs to be paid by the plaintiff to 
 
 the said defendant, to be taxed by the Master at . 
 
 And take notice {Sc., as in Ifo. 382). 
 
 503. (Formal parts : see ante, No. 384.) 
 
 to^dtaiiBs'afte™ On the part of the defendant A. B., that unless the plain- 
 
 thetuih'a/noT tiff amends his bUl, pursuant to the order dated the 
 
 of , 18 — , within one week, the said bill may stand 
 
 been dlsmisBed 
 in case of 
 default. 
 
 dismissed — If there are other defendants, add : as against 
 the said defendant — with costs to be pai.d by the plaintiff 
 to the said defendant. And take notice (as in No. 297.) 
 
 5(>4. (Formal parts : see ante. No. 384.) 
 to enlarge the on the part of the plaintiff, that the time limited by the 
 order dated the of , 18 — , for the plaintiff to 
 
 time limited by 
 plaintiflFs under- 
 taking to Bpeed 
 the cause. 
 
 amend his bill [Or, file replication — Or, serve notice of 
 motion for a decree — Or, set down this cause for hearing 
 
 — or as nfiay be], may be enlarged to the of , 
 
 18 — . And take notice (&c., as in No. 382.) 
 
 505. (Formal parts : see ante. No. 384.) 
 to restore bill. On the part of the plaintiff, that notwithstanding he has 
 not amended his bill [or as may be] in this cause, pursu- 
 ant to the order dated the day of , 18 - , his bill 
 
 may be restored to the file of the Court. And take notice 
 that (dc, as in No. 382.) 
 
INTERLOCUTOKT PROCEEDINGS — MOTIONS tO DISMISS, ETC. 347 
 
 {Formal parts : see ante. No. 384.) 
 on the part of the defendants [Or, of the defendant A. B.], 506. 
 that the plaintiff's bill may be dismissed out of this Court S" dism?L'bm°°^ 
 with coste, on the ground that the same has not been ^''.'""''"if'yi™ 
 
 1 1 T/»T' ry-\ 1 i/>T *T^ Within the tune 
 
 served upon the defendants [Or, the defendant A. B.j limited by Gen. 
 within the time limited by the General Orders of this 620. (a)' ™ 
 Honourable Court in that behalf, [or that the certificate of 
 lis pendens registered against the lands and premises in 
 question herein may be ordered to be vacated and dis- 
 charged ;] and take notice (^c, as in JVb. 382). 
 
 507. 
 
 {Formal parts : see ante, No. 30O.) 
 
 1. I am the defendant in this cause. Affidavit ii aup-- 
 
 2. I ha,ve ever since the day of {the date p°^ "' °"'*'°°- 
 
 of filing the bilT) been continuously residing at , 
 
 within the jurisdiction of this Honourable Court {Or, if 
 without the jiorisdiction, then state the place of residence, 
 with such precision that it may he seen what length of 
 ti'me for answering the defendant would be entitled to 
 under Gen. Ord. 620), and I am still residing there. 
 
 3. {If deponent's address were known to the plaintiff 
 or his solicitor, or there is reason to believe that it was, 
 it should be so stated.) 
 
 4. I have not been served with any office copy of the 
 plaintift's bill in this cause, nor am I aware that the plain- 
 tiff or his solicitor have made any effort to have me served 
 with an office copy of the said bill. 
 
 5. I have never before nor since the {date of Ming the 
 bill in the cause) concealed my place of residence, nor in 
 any way intentionally avoided the service upon me of the 
 office copy of the bill of complaint, or any other proceed- 
 ings in this cause. 
 
 6. A certificate oi lis pendens has been registered against 
 my lands, which are referred to in the plaintiff's bill, and 
 the same is a cloud upon my title. 
 
 {A certificate of the state of the cause accompanies.) 
 
 (a) Somermlle y. Kerr, 2 Chy. Ch. B. 164. 
 
■348 
 
 FOEMS AND PRECEDENTS OF 
 
 production by 
 the plaintiff or 
 
 . for refusal to 
 attend to be 
 
 - examined. 
 
 Motions to dismiss foT non-attendance of Plaintiff to he 
 examined, or jor non-production by Plaintiff. 
 
 508. (Formal parts : see ante, No. 384.) 
 to ^ssTnder 0^ the part of the defendant that the plaintiff's bUl of 
 ord. i44fornon. complaint may be dismissed out of this Court with costs, 
 on the ground that the plaintiff has failed to file any affi- 
 davit in obedience to the order for production of docu- 
 ments served upon him in this cause [Or has failed to 
 produce or to give any suffici'ient reason for not producing 
 the documents in his possession, pursuant to the order to 
 produce documents served upon him in this cause] [Or _ 
 has failed to attend to be examined pursuant to the ap- 
 pointment of ( , Esq., the Special Examiner of this 
 
 Honourable Court) and the writ of subpoena served upon 
 him in this cause] ; and take notice, that in support of 
 such motion wiU be read {&c., as in No. 382). 
 
 Th£, certificate of the GlerJc of Records and Writs, or 
 Deputy Registrar and Special Examiner, proving defa/iult 
 and state of cause, and affidavit of service of order to pro- 
 duce, or of appointment and subpoena for eooa/mination, 
 accompany. 
 
 509. 
 
 : Notice of mo- 
 tion, by defend- 
 ant, to dismiss 
 bill, unless pro- 
 secuted by 
 
 ■ representatives 
 of deceased sole 
 plaintiff (a). 
 
 Motions to Dismiss where the Suit has Abated, or become 
 otherwise defective. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that C. D. and E. F., 
 the legal personal representatives [Or as may be\ of the 
 late plaintiff G. H., now deceased, may be ordered, within 
 (one month), to obtain and serve on the said defendant 
 an order to revive this suit ; or, in default thereof, that 
 the plaintiflfs bill may stand dismissed without costs, — 
 // there are other defendants, add : as against the said 
 defendant — for want of prosecution. And take notice 
 (S^o., as in No. 382). 
 
 510. 
 
 ■ The like, unless 
 prosecuted by 
 ^surviving co- 
 iplaintiff (a). 
 
 (Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that the plaintiff C. D. 
 (surviving plaintiff) may be ordered, within (Continue 
 as in last form, to the end, and add) : with costs to be 
 paid by the said plaintiff C. D. to the said defendant. 
 And take notice (^c, as in No. 382). 
 
 (a) See Smith's Pr. 7th Ed. 845, 
 
INTERLOCUTORY PROCEEDINGS — MOTIONS TO DISMISS, ETC. 349' 
 
 {Formal parts : see ante, No. 384.) 
 on the part of A. B., of [Residence and addition), and 511. 
 C. D., of, (fee, the legal personal representatives of the late tio"°by r?J?e- 
 defendant E. F., now deceased, that the plaintiff may be sentotivca of 
 ordered, within one month, to obtain and serve on them fendant, to^ 
 an order to revive this suit ; or, in default thereof, that unS revived 
 the plaintiff's bill may stand dismissed. — If there are sur- ag™stthem(a)i. 
 viving defendants, add: as against the said A. B, and 
 C. D. — for want of prosecution. — And take notice (^c, 
 OS in No. 382). 
 
 (Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that C. D. and E. F., jj^^^f^j^ 
 the assignees \^0r, that CD., the official assignee — Or, uon, by detend- 
 creditors' assignee] of the estate and effects of the above- or'suy m™^^ 
 named plaintiff, who has been adjudicated an insolvent, "uted^''™' 
 may be ordered, within (three weeks) to take proper assignee of 
 supplemental proceedings in this suit, for the purpose of pints' w" ^ 
 prosecuting the same against the said defendant ; or, in 
 default thereof, 
 
 If before decree : that the plaintiff's bill may ' stand 
 dismissed. — If there are other defendants, add: as against 
 the said defendant, without costs — without further 
 order. 
 
 Or, if after decree : that aU further proceedings in 
 this suit — If there are other defendants, add : as against 
 the said defendant — may be stayed. And take notice 
 (&c., as in No. 382). 
 
 In Chancery, 1 , the day of , 513. 
 
 In Chambers. / A. D. 18 . Sf^^itS^ 
 
 Between 
 
 Upon the application of the defendant — , and upon 
 
 hearing read : It is ordered, that the plaintiff's bill 
 
 of complaint be and the same is hereby dismissed out of 
 this Court as against the said defendant . 
 
 And it is further ordered, that the plaintiff do pay to 
 the said defendant the costs of the suit forthwith, after 
 the taxation thereof 
 
 Entered, 18 . \ 
 
 Order Book, No. p. . j 
 
 (a) In case of a sole defendant dyinp, it would seem this motion can only be made by 
 his representatives, where the death takes place after decree.— /J. 647. If a sole 
 defendant die before decree, it would seem that his representatives are without remedy. 
 — Reeves v. Baker, 13 Beav. 115. 
 
 (i>) The notice should be served on the bankrupt aa well as his assignees.— Tesiris v. 
 Hooper, 8 Sim. 670. 
 
350 
 
 FORMS AND PRECEDENTS OF 
 
 Motions to compel Election. 
 
 , 514. (Form,al paris: see a'nie, No. 384.) 
 
 tion^bydrfend- Oil behalf of the defendant A. B., for the usual order for 
 to ei'e".'"™*'* the plaintiff to elect whether he wiU proceed in this Court, 
 
 or in his pending action at law for the same matter. And 
 
 take notice, that (<&c., as m No. 382). 
 
 order to elect. 
 
 Noti ^^^" f n {formal pourts : see ante. No. 384.) 
 
 to discharge on the part of the plaintiff, that the order made in this 
 
 cause, dated the of , 18 — , whereby it was 
 
 ordered that (Recite the orderimg part) may be discharged : 
 with costs to be paid by the defendant A. B. to the 
 plaintiff. And take notice i&c, as in No. 382). 
 
 516. 
 
 Ordinary form 
 ■ of election. 
 
 In Chancery. 
 
 (Title.) 
 In pursuance of the order made in this cause, dated the 
 day of , 18 — ■., the plaintiff hereby elects to pro- 
 ceed in this Court [Or, to proceed at law]. Dated this 
 
 day of :, 18 — . 
 
 C. D., the plaintiff above named, in person. 
 
 Or, 
 E. E., solicitor for the plaintiff above named. 
 
 517. 
 
 Notice of filing 
 ^election. 
 
 (Formal pa/rts : see ante. No. 181.) 
 
 Take notice that I have this day filed the plaintiff's 
 
 election, pursuant to order dated the day of 
 
 18-. ^ 
 
 Dated this, &c. 
 
 A. B., Plff.'s Solr. 
 To Messrs. B. & C, Defi.'s Solrs. 
 
 518. (Formal parts ; see ante, No. 384.) 
 
 io?furthe"time° 01 the part of the plainti^ that the time limited by the 
 
 to elect. order, dated the day of , 18—, for the plaintiff 
 
 to make his election may be enlarged to the day of 
 
 , 18 — . And (taike (notice (<fcc., as m No. 382). 
 
interlocutory proceedings — motions to re-hear, etc. 351 
 
 Motions to set aside Irregular Proceedings. 
 
 (Formo.l parts : see ante, No. 384.) 
 on behalf of the plaintiff for an order setting aside [the 519. 
 writof^eri facias issued out of this Honourable Court ^°*^n to set 
 on the part of the defendant C. D. against the goods and ^de^proceed- 
 
 chattels of the plaintiff, on the day of , and trregiiiarity. 
 
 directed to the Sheriff of the County of , and all pro- 
 ceedings had thereon], on the ground that the same is 
 irregular, because {state the grounds of irregularity in- 
 tended to he relied on (a). And take notice, (^c, as in 
 JSfo. 382). 
 
 Motions to Re-hear, and to stay Proceedings 
 PENDING Re-hearing. 
 
 (Formal parts : see ante, No. 384.) (b.) 
 on behalf of the [defendant] for an order giving him 520. 
 liberty on payment into Coiirt of the usual deposit to set mouonfor leave 
 this cause down at the next sittings of this Court for the *^ '^f'^\^'' 
 
 rehearing of causes to be holden on the day of umited by 
 
 next, in order that the order made herein on the ^'^ °''*'' 
 
 day of by His Honour the [Vice] Chancellor 
 
 may then and there be reheard. And take notice (J'C, as 
 in form No. 382). 
 
 (Formal parts : see ante, No. 300.) 
 
 1. Show state of cause. 
 
 2. Explain why cause not set down for rehearing within 521. 
 the usual time, and explain any other delay which may ^ppoS! ™ 
 hxive arisen. 
 
 3. Show how applicant will be prejudiced if deprived 
 of opportunity of rehearing. 
 
 4. Show, if possible, that the other side will not be pre- 
 jvMced hy the delay. 
 
 5. Show in what respects the order sought to ie reheard 
 is coTweived to be erroneous, avA that applicant has good 
 ground for rehea/ring. 
 
 {Formal paHs : see ante, No. 384.) 
 on behalf of the [defendant C. D.] for an order staying all ^^^^522. 
 further proceedings under the decree [Or order] made in motton'to stay 
 this cause on the day of last, pending the p™^^ 
 
 ■ -~ rehearing. 
 
 (&) This motion must be brought before a Judge in Chambers. See Ord. 660, ». 12. 
 
352 FORMS AND PRECEDENTS OF 
 
 rehearing of the said decree [Or order], upon the defen- 
 dant C D. giving security to the plaintiff for the pay- 
 ment of the amount found due to him under the said 
 decree [Or order] — Or, upon the said defendant C. D. 
 giving security that he will duly perform the act [Or acts] 
 directed by the said decree [Or order] to be done by him, 
 — in case the said decree [Or order] shall be ultimately 
 afiirmed — or upon such other terms as to this Honourable 
 Court shall seem just. And take notice (jf-c, as m /orin 
 No. 382). 
 
 523. (Formal parts : see ante, No. 300.1 
 
 Affidavit in -i n? _t j /■ ^ 
 
 support. 1. MOW state of cause. 
 
 2. Show that cause has been set down to be reheard, and 
 at what sittings. 
 
 3. Show thai a/ppUca/nt intends to and will prosecute 
 the rehearing, and that application is made bona fide 
 and not for delay. 
 
 For form of bond to stay execution on appeal, see post. 
 No. 853. This may be readily adapted for staying exe- 
 cution pending rehearing. 
 
 524. {Formal parts : see ante, No. 384.) 
 
 Ka™'to°"°" on behalf of the [plaintiflT] for an order giving him liberty 
 Sert™Sort *° ^'^ *^'s ''^"se down forthwith, to be heard by way of 
 
 ' appeal from the Eeport of the Master at dated the 
 
 -- — day of , and filed on the day of , not- 
 withstanding that the same has become confirmed, on the 
 grounds set forth in the Schedule hereto annexed. Or, on 
 the following grounds [statvng the grounds of appeal). 
 And take notice (^c, as in form No. 382). 
 
 525. {Formal parts : see ante, No. 300.) 
 
 Affidavit in 1. Show state of cause. 
 
 2. Explain why cause not set down before confirmation 
 of report, and also explain any delay which may have arisen 
 in making application. 
 
 3. Verify grounds of appeal alleged in the notice of 
 motion. 
 
interlocutory proceedings — time to answer. 353 
 
 Motions to take Proceedings off the Files foe 
 Scandal, &c. 
 
 {Forrnal parts : see ante, No. 384.) 
 on behalf of the defendant, that the aflSdavit of John ,526. 
 Brewis, filed in this cause on behalf of the plaintiff, on to°take°affldavi'" 
 the 2nd day of March, 1874, may be taken off the tiles of ^fanda " r' ""■ 
 this Court, as being scandalous and impertinent, and that ™perttaenoe(a). 
 the whole of the seventh paragraph of the affidavit of the 
 plaintiff, filed on the 2nd day of March, 1874, may be 
 expunged, as being scandalous and impertinent, and that 
 the plaintiff on whose behalf the said affidavits were filed 
 may be ordered to pay the costs of and occasioned by 
 such affidavits, and the costs of this application as be- 
 tween solicitor and client. And take notice (tfec, as in 
 No. 382). 
 
 Motions for further time to Answer. 
 
 [Formal parts : see ante, No. 384.) 
 
 on the part of the defendant A. B., that he may have 527. 
 
 days further time to (answer, or demur, or to) demur |^°.''j'=^ °* ""o''™ 
 alone to the plaintiff"s bill ; and that the costs of this ap to demur alone 
 plication may be costs in the cause. And take notice, that 
 on such motion wiU be read {(&c., as in No. 382). 
 
 {Affidavit accounting for delay accompanies. See post, 
 No. 529.) 
 
 (6). 
 
 Motions for Leave to Answer after Bill taken 
 PRO confesso. 
 
 [Formal parts : see ante, No. 384.) 
 on the part of the defendant A. B., that the note pro con- 528. 
 
 fesso entered herein on the day of [Or, Sfielve'tome" 
 
 the order pro confesso obtained against the defendant, BnuaSSro'^ 
 dated the day of , and the decree made «»«• W 
 
 (a) See Middlemas v. Wilson, 10 L. R. Ch. 230. Where affidavits or other papers 
 are ordered to be taken off the file of the Court for scandal or impertinence, the officer 
 in whose custody the same may be, on productioft of the order seals up the objectionable 
 document, so that it can no longer be read, and endorses on the cover, " In Chancery — 
 Brov/a v. Jones— Taken off the file for scandal (Or as may be), under order dated 
 
 "A. H., Clerk of R. amd W." 
 If any part of a document is ordered to be expunged, the officer having the custody 
 of it, on production of the order expunges the part, and writes a memorandum on the 
 margin, opposite the part or parts expunged, " Expunged under order dated, &c. 
 
 "A. H., Clerk of B. and W." 
 
 (b) If a defendant get further time to answer and demur, he will not be entitled to 
 demur alone, unless the order expressly reserve that right : Ca/meron v. BouUbee, 2 
 Ch. R. 41 ; Chamiberlam v. McDonald, ib. 204. 
 
 (c) Kline v. Kline, 3 Chy. Ch. R. 79. Where the decree has been pronounced on the 
 merits, a motion to set it aside must be made in Court ; but when the decree has 
 gone by default, it may be set aside on motion in Chambers, 
 
 23 
 
354 FORMS AND PRECEDENTS OF 
 
 herein, dated the day of ] may be vacated 
 
 and set aside, and that the defendant A. B. may be at 
 
 liberty, on or before the day of , 18 — , to put 
 
 in an answer, or demurrer, not demurring alone [or as 
 may be] to the plaintiff's bill ; upon such terms as to costs 
 as this Honourable Court may seem just. And take notice 
 (i-c, as in No. 382). 
 
 time. 
 
 529. {Formal parts : see ante, No. 3(J0.) 
 
 port of appiica- 1 The bill in this cause was served on the defendant 
 
 ton for further ^ ^ ^^ ^^^ _ ^^^ ^f ^ -^g_ 
 
 2. Show, succinctly, in numbered paragraphs, that due 
 diligence has since been used to put in an answer, and 
 the present state of the cause. 
 
 3. It is essential to the due preparation and completion 
 of the said answer that one month's [or as may be] further 
 time should be granted to the said defendant to put in the 
 same. The pending application by the said defendant for 
 such further time is not intended for the purpose of delay 
 or vexation. 
 
 4. Show 'means of knowledge. 
 
 Motions for Orders pro confesso. 
 
 530. {Formal parts : see ante, No. 384.) 
 
 fo? in oMmV™ on behalf of the plaintiff, for an order that the plaintiff 
 
 dSit of""^ may be at liberty to set this cause down in order that the 
 
 answer, (a) same may be heard pro confesso against the defendant 
 
 A. B. And take notice, that in support of such motion 
 
 (c&c, as in No. 382). . 
 
 Affidavit of sereice of bill {see ante, No. 186 et seq.) and 
 cetificate of state of the cause accompany. 
 
 531. {ForTnal parts : see ante. No. B8i.) 
 
 for an order on behalf of the plaintiff, for an order directing the Eecis- 
 
 SSt°l:fw%' trar [Or, Deputy Registrar at ], to draw up a de- 
 
 SpffnmoJtS^e <^^^® ^^ accordance with the prayer of the plaintiff's bill 
 suit. on praecipe. And take notice {^c , as in No. 382)., 
 
 (a) For form of Order jpro con., where a defendant has been served by publication, 
 see ante No. 450. 
 
INTERLOCUTORY PROCEEDINGS — PRODUCTION. 355 
 
 (lormal parts : sse ante, No. 384.) 
 on behalf of the plaintiff, for an order that the plaintiff 532. 
 may be at liberty forthwith to set this cause down to be foTlnoAT^T 
 heard pro confesso against the defendant A. B., notwith- ^^; *"■" "J^'s""!- 
 standing the answer filed by him iu this cause : on the <iuetion or non- 
 ground that the said defendant has failed to file anji affi- examined? *° ''^ 
 davit in obedience to the order for production of docu- 
 ments served upon him in this cause [Or, has failed to 
 produce or to give any sufiicient reason for not producing 
 the documents in his possession, pursuant to the order to 
 produce documents served upon him in this cause. Or, 
 has failed to attend to be examined pursuant to the ap- 
 pointment of — : , Esq., the Special Examiner of this 
 
 Honourable Court, and the writ of subpoena served upon 
 him in this cause.] And take notice, that in support of 
 such motion will be read (^c.,as in No. 382). 
 
 {As to evidence in support, see ante, No. 506.) 
 
 Production of Documents. 
 
 In Chancery. 
 
 Brown v. Jones. 
 Required on behalf of the plaintiff [Or, defendant B. A.J, 533. 
 an order for the defendant [Or, plaintiff] to produce docu- orSopJJdu 
 ments. 
 
 Dated, &c. . A. B., 
 
 Plt!s [or Deft.'s'] Solicitor. 
 To the (Clerk of Records and Writs), 
 (or. Deputy Registrar at ). 
 
 In Chancery. ) , the day of , in the g^^^SS*. 
 
 j year of our Lord 1 8 — . produce. 
 
 Between Plaintiff, 
 
 and 
 
 Defendant. 
 
 Upon the application of the said , It is ordered 
 
 that the said do, within ten days after service of 
 
 this order upon or solicitor, produce before 
 
 and leave with the Clerk of Records and Writs (Or, De- 
 puty Registrar at ) of this Court, upon oath, all 
 
 deeds, books, papers, writings and documents in — — 
 custody or power relating to the matters in question 
 in this cause, and that the said be at liberty to 
 
356 
 
 FORMS AND PRECEDENTS OF 
 
 inspect and take copies of, or extracts from, the same ; and 
 that the Clerk of Records and Writs (Or, the said Deputy 
 
 Registrar at ) do cause the same to be produced 
 
 before any Master or Examiner of this Court, and at the 
 hearing of this cause. 
 Entered 
 
 535. 
 
 Order for 
 production by a 
 Corporation 
 aggregate (a). 
 
 {Formal parts: see ante, No. 338-9.) 
 
 1. Upon the application of the said [plaintiff] and upon 
 reading the certificate of the Clerk of Records and Writs 
 
 (Or, Deputy Registrar at ), It is ordered that the 
 
 said [defendants] the A. B. Co. do within ten days after 
 service of this order upon them or their solicitor produce 
 before and leave with the said Clerk of Records and Writs 
 
 {Or, Deputy Registrar at — ) all deeds, books, papers, 
 
 writings and documents in their custody or power relat- 
 ing to the matters in question in this cause, and do also, 
 within the said ten days, file with the said Clerk of Re- 
 cords (Or, Deputy Registrar at ) the affidavit or 
 
 affidavits of one or more of their oflBcers having the charge 
 of such documents, as to the documents in the custody or 
 power of the said Company, relating to the matters in 
 question in this cause, unless the said defendants shall 
 satisfy the Court by sufficient evidence that they are un- 
 able to procure such affidavit or affidavits to be made. 
 
 2. It is further ordered that the said plaintiff be at 
 liberty to take copies of or extracts from the said docu- 
 ments, and that the said Clerk of Records and Writs {Or, 
 
 Deputy Registrar at ) do cause the same to be 
 
 produced before any Master or Examiner of this Court 
 and at the hearing of this cause. 
 
 536. 
 
 AiRdavit on 
 production, 
 referred to in 
 Order 137, being 
 Scliedule G. ■■.' ■ 
 mentioned in ^ 
 that order. 
 
 {Formal parts : see ante. No. 300.) 
 
 I, , of , make oath and say : — 
 
 1. I have in my possession or power the documents re- 
 lating to the matter in question in this suit set forth in 
 the first and second parts of the first Schedule hereto 
 annexed. 
 
 2. I object to produce the said documents set forth in 
 the second part of the said first Schedule (6). 
 
 (a) See RoMgsr v. (?. W. R., 4D. G. & J. 74 ; Republic of Liberia v. Imperial Bank. 
 16 L. R. Bq. 17d. 
 
 (6) The documents must be described in the Schedule with sufficient particularitv to 
 enable the opposite party to identity the documents produced as those referred to in 
 the Schedule to the affidavit. A general description such a* " a bundle of letters " or 
 " a number of books of account" is insufficient; See Hamilton -v. Nott 16 L R Eo 
 
INTEKLOCUTOEY PROCEEDINGS — PRODUCTION. 357 
 
 3. {State upon what ground the objection is made, and 
 verify the fact as far as may he.) 
 
 4 I have had, but have not now, in my possession or 
 power the documents relating to the matters in question 
 in this suit set forth in the second Schedule hereto 
 annexed. 
 
 5. The last mentioned documents were last in my pos- 
 session or power on {State when). 
 
 (). State what has become of the last mentioned docu- 
 ments, and in tuhose possession they now are ; for example : 
 [The said settlement, and other deeds and documents in 
 the said second Schedule mentioned, were on or about the 
 
 day of dehvered by me to one W. S., and have 
 
 been since and are now in the custody, possession or power 
 of the said W. S., and I have requested the said W. S. to 
 allow me to inspect the same since the service of the order 
 for production on my solicitor in this cause ; but he re- 
 fuses to produce the same, or to give me any information 
 with respect to their contents ; and I am, therefore, un- 
 able to set forth the same, or any of them, with greater 
 certainty or particularity than in the said second Schedule 
 appears.] 
 
 7. According to the best of my knowledge, remem- 
 brance, information and belief, I have not now and never 
 have had in my own possession, custody or power, or in 
 the possession, custody or power of my solicitors or agents, 
 solicitor or agent, or in the possession, custody or power 
 of any other person on my behalf, any deed, account, book 
 of accounts, voucher, receipt, letter, memorandum, paper 
 or writing, or any copy of or extract from any such 
 document, or any other document whatever relating to 
 the matters Ln question in this suit, or any of them, or 
 wherein any entry has been made relative to such matters, 
 or any of them, other than and except the documents set 
 forth in the first and second Schedules hereto annexed (a). 
 
 I say that the said documents set forth in the second 537. 
 part of the said first Schedule relate exclusively to .my discovery, on 
 own title to the lands in question in this cause, and do |[.°™ege','by a 
 not in any way show, or tend to show, any right or title defendant. 
 in the plaintiffs, or either of them, therein or thereto, or 
 in or to any part thereof. And 1 submit that the same 
 
 (a) The affidavit must be sworn after the date of the order to produce : Kennedy v. 
 Andes Insurance Co., 3 Chy. Oh. E, 489. 
 
358 
 
 FORMS AND PEECEDENTS OF 
 
 are privileged documents. I deny that thereby, or by any 
 of them, if produced, the truth of the matters in the plain- 
 tiffs' bill mentioned, or anj' of them, would appear. 
 
 538. 
 
 Objection by 
 mortgagee to 
 produce 
 documents (a). 
 
 I say that I am a mortgagee, and that a large sum is 
 still due and owing to me, on my mortgage securities ; 
 and that the said several deeds, documents, and papers 
 and writings set forth in the second part of the said first 
 Schedule form and support my title, and are intended to 
 be used by me in evidence thereof accordingly ; and do 
 not contain anything impeaching my case, or tending to 
 support the plaintiffs' title, otherwise than as such title is 
 admitted by me in my answer. And I insist that, until 
 I have been paid the principal money and interest due on 
 my said mortgage, in the plaintiffs' bill and hereinbefore 
 mentioned, and the costs of this suit, the plaintiffs are not 
 entitled to inspect the said deeds, documents, papers and 
 writings, or any of them, or to have the same or any of 
 them produced for any purpose. 
 
 539. 
 
 Notice of 
 production. 
 
 In Chancery. 
 
 (Short style of cause.) 
 Take notice, that the plaintiff {Or, defendant) has this 
 day filed his affidavit on production of books and papers, 
 and has deposited the documents therein mentioned {if 
 the fact be so) in the office of the Clerk of Records and 
 Writs {Or, Deputy Registrar, as the case may be). [And 
 take notice, that I require to be served with due notice 
 when you intend to inspect the same.] (6) 
 Dated, &c. 
 
 Yours, &c.. 
 To C. D., Esq., A. B., 
 
 Solicitor for . Solicitor for . 
 
 540. In Chancery. 
 
 Notice to inspect "^ f OL x x i jy ^ 
 
 papers produced (a/lOTt Style Of CaUSC.) 
 
 <*)■ Take notice, that I will attend at the office of the Clerk 
 of Records and Writs {Or, of the Deputy Registrar, as the 
 case may be) on next, at o'clock A.M. {Or, P.M.), 
 
 (a) See Chichester v. Marquis of Donegal, 6 L. R. Chy. 497; but where mortgagee 
 pS v"^>?ard. ? L Kq 436 ' " '" ^'°^'""' *"' "'"'«^* deed^See 
 
 (6) It has been the practice heretofore with the Clerk of Records and Writs and 
 Deputy Registrars to atlow documents produced to be inspected by the opposite party 
 and, nideef, any party (Joosing to search the flies, without notice to the K produc- 
 ing. When, however, the party producing considers the documents prodS of sudi 
 
INTERLOCUrORY PROCEEDINGS — PRODUCTION. 359 
 
 to examine the books and papers produced by the de- 
 fendant {Or, plaintiff, as the case may be). 
 Dated, &c. 
 
 Yours, &c., 
 To C. D., Esq., A. B., 
 
 Solicitor for . Solicitor for . 
 
 (Formal parts : see ante. No. 384.) 
 on the part of the plaintiff [or as may 6e], for an order re- 541- 
 quiring the defendant A. B. [or as may Je] forthwith to mot^nV 
 file a further and better affidavit, as to the possession of Llo'doouments. 
 
 documents : pursuant to the order dated the day of 
 
 , 18 — ; and that the said defendant \or as may be] 
 
 may be ordered to pay the costs or this application on the 
 
 ground that the affidavit filed by him on the day 
 
 of is insufficient (State shortly wherein it is deemed 
 
 to be insufficient.) And take notice (cfcc, as in No. 382.) 
 
 {Formal parts : see ante, Nos. 338-9.) 
 
 and upon reading the order dated the day of , 542. 
 
 18— {Order to produce), and an affidavit of the defen- °j;tfe th^""' 
 dant A. B. [or as may be] filed the day of , 18 — , affidavit is held 
 
 _ ■- ,1 J- 1 -J ■ .1 , n • I to be insufficient 
 
 in pursuance tnereoi; and it appearing that the said 
 
 affidavit is insufficient. 
 
 If the defendant applies for and obtains further time, 
 add : and the said defendant [or as Tnay be], by his 
 solicitor, now applying for further time to file a full 
 and sufficient affidavit. It is ordered, that the time 
 for the said defendant [or as may be] to file a full and 
 sufficient affidavit, pursuant to the said order, be en- 
 larged to the day of , 18 — . 
 
 If the documents have been ordered to be deposited in 
 Court, add also : And it is ordered, that the said de- 
 fendant [or as may be] have till the day of 
 
 , 18 — , to produce and leave with the [Clerk of 
 
 Records and Writs], pursuant to the said order, any 
 documents relating to the matters in question in this 
 cause [or as may be\ which by the affidavit so to be 
 made by him shall appear to be in his possession or 
 
 A character that their inspection by persons other than parties to the suit, or their 
 solicitors, would be a prejudice to him, aembU he would have a right to insist that the 
 inspection should only be allowed on notice to him, in order that he might have the 
 opportunity of being present at the inspection. Notice to this effect should be given 
 to the officer with whom the documents are left as well as to the opposite party. 
 
360 
 
 FORMS AND PSECEDENTS OP 
 
 543. 
 
 Notice of 
 motion for the 
 production of 
 documents 
 objected to be 
 produced. 
 
 power : except such of the same, if any, as he may 
 
 by such aiEdavit object to produce. And 
 it is ordered, that the defendant A. B. [or as may he] pay 
 
 to the plaintiff C. D. [or as may be] $ , for the costs of 
 
 this application. 
 
 Or, the costs of this application : to be taxed. 
 
 Or, it is ordered, that the costs of this application be 
 
 costs in the cause. 
 
 {Formal parts : see ante, No. 384.) 
 
 on the part of the plaintiff [or as may be], that the de- 
 fendant A. B. [or as may be] may be ordered, within 
 (seven) days after service, to produce and leave with the 
 [Clerk of Records and Writs] the several documents men- 
 tioned in his affidavit filed the day of , 18 — , 
 
 and in the second part of the first Schedule thereto [or a^ 
 may be], and thereby admitted to be in his possession or 
 power, but which documents he thereby objects to produce. 
 And that the (applicant), his solicitors and agents, may 
 be at liberty to inspect and peruse the said documents, 
 and take copies and abstracts thereof and extracts there- 
 from at his own expense. And take notice (^c, as in 
 No. 382). 
 
 , 544. {Formal parts : see ante, No. 384.) 
 
 S°i/S to o'^ t^® P^i'^ °f *^® plain tifl[, that the defendant A. B. may 
 the possession of be Ordered, within (seven) days after service, to make and 
 documenfa file a full and sufficient affidavit, stating whether he has, 
 or has had, in his possession or power the following docu- 
 ments, or any of them ; that is to say {Specify the docu- 
 ments) ; and accounting for the same, and that the said 
 defendant may be {Continue as in preceding form). 
 
 545. 
 
 {Formal parts : see ante, No. 384.) 
 Notio??f motion on the part of the plaintiff [or as may be], that the time 
 
 wflil^rafflto"? l^it^'d J?y ^^^ oi'der dated the day of , 18— for 
 
 as to documents, the applicant to make and file an affidavit as to docu- 
 ments, may be enlarged until the day of , 18 • 
 
 and that the costs of this application may be costs in the 
 cause. And take notice {^c, as in No. '382\ 
 
INTERLOCUTORY PROCEEDINGS — PRODUCTION. 361 
 
 {Formal parts : see ante, Fo. 384.) 
 on the part of the plaintiff \or as may 6e], that he may 546. 
 be at liberty to seal up such parts of the documents men- uou"fofiSLve to 
 tioned in the (first) Schedule to his afiidavit filed in this seal up irreie- 
 
 ,, in -i-^ T ^^^^ matter. 
 
 cause the day ot , 18 — , as, according to the 
 
 said afiidavit, do not relate to the matters in question in 
 this cause [or as may bel. And take notice (ifc, as in 
 Jo. 382). 
 
 (Formal parts : see ante, iTo. 384.) 
 on the part of the plaintiff [or as may be], that [Describe 547. 
 ivhat; as thus: all the documents— Or, the documents ,^fiS|°j*,^°,'j.™ 
 mentioned in the Schedule hereto) deposited by him with out of documents 
 the [Record and Writ Clerk], pursuant to the order dated court, under an 
 
 the day of , 18 — , may be delivered out to the ''^^^'^' 
 
 applicant. And take notice ((&c., as in JSfo. 382). 
 
 Received the documents [or as they may be described 548. 
 in the order] mentioned or referred to in the above order. deUveryoutof 
 
 Dated this day of , 18—. ^'p^''^'^ 'J"™- 
 
 (Signature of the party to whom the documents 
 are ordered to be delivered.) 
 Witness to the signature ) 
 of the said A. B. : J 
 
 CD. 
 
 549. 
 
 Notice of motion 
 (See ante, No. 532.) for order pro mw 
 
 ^ ' ' against defen- 
 
 dant for non- 
 production. 
 
 550. 
 
 (See ante, No. 506.) Notice of motion 
 
 ^ ^ / to dismiss bill 
 
 for non-produc- 
 tion by plaintiff. 
 
 {Formal parts : see ante, No. 384.) 
 on behalf of the plaintiff, for an order to commit the de- 551. 
 fendant A. B. to the gaol of the County or United Coun- to commit for 
 ties in which the said defendant may be found, for con- """P^duction 
 tempt, in not producing and leaving with the Clerk of 
 
 (a) This notice must be served four clear days before motion is made returnable : 
 Eeliy T. Smith, 1 Chy. Oh. E. 364— exclusive of Sundays and holidays ; Wilson 
 V. Gould, 2 Chy. Oh. R. 267 ; and may be served on the solicitor of the party.— Ord. 296. 
 Where the party has filed an afiidavit which is considered insuflBcient, the proper 
 course is to move for an order for him to file a better affidavit : see ante, No. 541 ; 
 Roes v. Robertson, 2 Chy. Oh. R. 66. 
 
-362 
 
 FORMS AND PRECEDENTS OF 
 
 -]all 
 
 Records and Writs [Or, Deputy Registrar at — 
 books, deeds, papers, and writings and documents in his 
 custody or power, relating to the matters in question in 
 this cause, and in not filing any affidavit in relation there- 
 to, pursuant to the order for production of documents 
 
 dated the day of , served upon him in this 
 
 cause. And take notice, that upon and in support of such 
 motion will be read the said order to produce, and the 
 admission [Or, affidavit] of service thereof, and the certi- 
 ficate of the Clerk of Records and Writs [Or, Deputy 
 Registrar at ] (^c, as in form No. 382). 
 
 552. 
 
 Order to commit 
 for non-produc- 
 ' tion. 
 
 {Formal parts : see ante, Nos. 338-9.) 
 
 Upon the application of the , and upon hearing 
 
 , and it appearing that the has not 
 
 the books, deeds, 
 
 read 
 
 produced before or left with the 
 
 papers, writings and documents in his custody or power, 
 
 relating to the matters in question in this cause, nor filed 
 
 any affidavit relating thereto, although duly required so 
 
 to do. It is ordered that the Sherifl^ of the County or 
 
 United Counties in which the said ■ may be found, 
 
 do take the said into his custody, and commit 
 
 to the gaol of his County or United Counties, to 
 
 answer said contempt. And it is further ordered 
 
 that a writ or writs of attachment do issue accordingly. 
 
 553. 
 
 Notice oi ex- 
 amination of 
 defendant or 
 plaintiff. 
 
 Discovery. 
 
 Examination of parties after answer, or time for 
 answering. 
 In Chancery. 
 
 (Short style oj cause.) 
 Take notice, that the plaintiff [Or, defendant] intends 
 to examine the defendant A. B. [Or, plaintiflT], touching 
 
 the matters in question in this cause on next the 
 
 ^^day of , at o'clock, before A. B., Esq., 
 
 Special Examiner of this Honourable Court, pursuant to 
 his appointment hereto annexed. 
 Dated, &c.. 
 
 Yours, &ic. 
 
INTEKLOCUTORY PROCEEDINGS— CHANGING VENUE. 363 
 
 [Formal parts : see ante, No. 553.) 
 
 Take notice, that the pkintiff [Or, defendant] intends 554. 
 to examine A. B.,Esquire, the President of the defendants S°a,Mon°of"aL™" 
 the G. Y. Company, for the purpose of discovery in this p^t'on *,Xr 
 cause, pursuant to the practice of this Honourable Court con. Ord. 
 
 in that behalf, on next, the day of , at 
 
 — o'clock, before A. B., Esq., Master of this Honourable 
 Court at , pursuant to his appointment hereto an- 
 nexed. 
 Dated, &c., 
 
 Yours, &c. 
 
 To . 
 
 Motions to Change Venue. 
 
 (Foimal parts : see ante, No. 384.) 
 on behalf of the plaintiff [Or, defendant], for an order to 555 
 change the venue in this cause from the [City of Toronto] S'changeThe 
 to the [Town of Cornwall] ; and take notice, that upon and ^fu"- 
 in support of such application {_&c., as in No. 382). 
 
 motion 
 
 (Formal parts : see ante, No. 8OO.) 
 
 1. That the plaintiffs cause of suit herein (if any he ^^d^f ^•g„ 
 have) arose wholly at the Town of Cornwall (a). port ot motion 
 
 2. That in order to prove my defence in this cause it "^ ^ i^'^°d-°'- 
 win be necessary for me to subpoena at least ten witnesses, 
 
 all of whom are material and necessary witnesses in my 
 behalf, and each of them reside either in, or within five 
 miles of, the said Town of Cornwall. 
 
 3. That I do verily believe that all the witnesses for the 
 plaintiff also reside either in, or within ten miles of, the 
 said Town of Cornwall. 
 
 4. The said Town of Cornwall is distant miles 
 
 from the said City of Toronto, and the railway fare from 
 Cornwall to Toronto is $ — . 
 
 5. That the expense of subpoenaing my said witnesses 
 to Toronto will be greatly in excess of the expense of sub- 
 poenaing them to the said Town of Cornwall, and I believe 
 from a calculation which I have made that such extra ex- 
 pense will amount to the sum of $ — at least. 
 
 (a) This clause is not necessary wliere it can be shown that there is a clear and palpable 
 balance of convenience in favour of hearing the cause at the pla^e to which the venue 
 is sought to be changed : Noad v. Noad, 6 Pr. E. 48. But when the question of conve- 
 nience is more evenly balanced, it may be sufficient to turn the scale. 
 
364 FORMS AND PRECEDENTS OF 
 
 6. This cause can be much more conveniently tried at 
 the said Town of Cornwall than at the said City of Tor- 
 onto, and at much less expense. 
 
 7. This application is made in good faith, and not for 
 the purpose of delay. 
 
 Sworn, &c. 
 
 A certificate of the state of the cause accompanies. 
 
 557. {Formal parts : see ante, No. 300.) 
 
 Aoother fonr. j ^ ^^ Esquire, the Sheriff of the County of - 
 D. E., Esquire, the Registrar of the County of • 
 
 558. 
 
 559. 
 
 R., Esquire, the Treasurer of the said County of ; 
 
 and Mr. A. B., the Town Clerk of the Town of Cornwall, 
 are each and all material and necessary witnesses on my 
 behalf, and I cannot safely proceed to a hearing of this 
 cause without the evidence of the said several parties. 
 
 2. That I am informed by the said parties, and believe 
 that if they are compelled to attend the sittings of this 
 Court at Toronto, it will materially interfere with the due 
 discharge of their duties as public officers as aforesaid, and 
 will be a great inconvenience to the public. 
 
 3. The said parties all reside in the said Town of Corn- 
 wall, and I believe this cause can be quite as conveniently 
 tried at the said Town of Cornwall as 'at the City of 
 Toronto. 
 
 4. This application is made in good faith, and not for 
 the purpose of delay. 
 
 Motions to Examine Witnesses de bene essk. 
 (See ante, JVo. 292.) 
 
 Motions for Sdbpcena to Quebec. 
 [See arde, No. 288 et seq.) 
 
 560. 
 
 Motions for Subpcena to County Registrar. 
 {See ante, No. 236 et seq.) 
 
interlocutory proceedings — interim alimony. 36-5 
 
 Motions for Commissions to Examine Witnesses. 
 
 {See ante No. 279 et seq.) 561. 
 
 Motions for Interim Alimony. 
 
 (Formal parts : see ante, No. 384.) 
 on behalf of the plaintiff, for an order requiring the de- 562. 
 
 fendant to pay to the plaintiff the sum of $ per week fo?*pl'ySLnt oT 
 
 for interim alimony, from the date of the service of the 'nterim alimony. 
 bill of complaint upon the defendant until the hearing of 
 this cause, and also her interim disbursements up to and 
 inclusive of her disbursements for the said order. And 
 take notice (<fee., as in form No. 382). 
 
 (Formal parts : see ante, No. 300.) 
 
 1. I am the plaintiff in this cause. 
 
 2. On the day of , 18 — , I vras married to the 563. 
 
 defendant A B. [according to the rites and ceremonies of ^pp"t* proving 
 the Church of Rome, at Saint Paul's Church, in the Town ^^^"^^1 i^'^o't'' 
 
 of , by C. D., a priest of the said church], or [by A. admitted by the 
 
 B., minister of the Society, duly authorised by law ^°™''''' 
 
 as T verily believe to celebrate matrimony]. 
 
 3. That the paper now produced to me and marked with 
 the letter A is a certificate of my said marriage. 
 
 (An a^davit pi-oving the defendant's means and the 
 nature and value of his property should also he produced, 
 unless that sufUciently appears on the answer.) 
 
 Motions for Writs of Ne Exeat Provincia, or 
 Writs of Arrest. 
 
 That Her Majesty's writ of ne exeat provincid may ^q^ 
 issue out of, and under the seal of, this Honourable Court, Prayer for the 
 to restrain the said defendant C. D. from departing out of "" ' '"* 
 the jurisdiction of this Honourable Court. 
 
 In Chancery. 
 
 (Style of the cause as in No. SOO.) 
 
 I, A. B., of (Besidence and addition), the above named Affidavit in 
 plaintiff, make oath and say as follows :— aKim.for 
 
 1. State, concisely, the institution and object of the 'he writ. 
 suit ; as thus : The bill in this cause was filed by me on 
 the day of , 18 — , against the above named 
 
366 FORMS AND PRECEDENTS OF 
 
 defendant A. B., to obtain an account of all moneys 
 received by the said defendant for or on my account, or 
 for my use, as my agent in the management of my estate 
 
 called E., in the county of , as in the said bill 
 
 mentioned, and of the application of such moneys ; and 
 for payment by the said defendant to me of what, on 
 taking such account, should be found due from him to 
 me. 
 
 2. State the existence of a debt due from the defendant ; 
 as thus : The two accounts now produced and shown to 
 me, and marked respectively F. and G., have been ren- 
 dered to me by the said defendant, and purport to be his 
 accounts as such agent as aforesaid. It appears by the 
 said accounts that the said defendant is indebted to me 
 in the sum of $ — — , on balance thereof. I have inves- 
 tigated the said accounts ; and I positively say that {_0r, 
 and to the best of my belief] the said defendant C. D. is 
 now justly and truly indebted. to me in the sum of 
 $ (a) and upwards, on the balance of the said ac- 
 counts [or as may be.] 
 
 3. Show defendant's intention to go abroad ; and de- 
 ponent's means of knowledge. 
 
 4. From the facts aforesaid, and for the reasons herein- 
 before stated, I verily believe that the said defendant 
 C. D., unless he be forthwith apprehended, will quit 
 Canada with intent to defraud me ; and that the debt 
 due to me as aforesaid from the said defendant will be in 
 danger of being lost to me by the said defendant quitting 
 the jurisdiction of this Honourable Court. 
 
 Sworn, &c. 
 
 Revivor and Supplement. 
 
 Orders of Revivor. 
 
 566. Assignment. — On the day of , 18 the 
 
 of'Si^atioSTn [plaintiff] by deed assigned and conveyed all his estate 
 an'o?toT''°' ai^d interest in [the lands and premises] in question in 
 revivor. this causc to C. D., who is now entitled to the same. 
 
 Insolvency. — On the day of , 18 the 
 
 plaintiff [or as may be] became an insolvent under the 
 Insolvent Acts in force in this Province ; and A. B. was 
 
 on the day of — , 18—, appointed, and is now, the 
 
 official assignee of his estate and effects under the said 
 insolvency. 
 
 (a) Not leaa than IJIOO, 
 
INTERLOCUTORY PROCEEDINGS — REVIVOR, ETC. 367 
 
 Insolvency. — Appointment of new assignee. — E. F. 
 
 was on the day of , 18 — , appointed, and is now, 
 
 the official assignee of the estate and effects of the said 
 A. B., in lieu of the said 0. D. 
 
 Death. — On the day of , 18 — , the plaintiff 
 
 [or as may 6e] died intestate [and unmarried] [Or, having 
 first duly made and published his last will and testa- 
 ment.] 
 
 Heirship. — The said plaintiff [or as may be] left A. B. 
 his heir at law, [and C. D., his widow], him surviving ; 
 and the lands and premises in question in this cause 
 descended to, and are now vested in, the said A. B., [sub- 
 ject to the right of dower of the said C. D. therein.] 
 
 Devise. — Whereby he devised all his estate and interest 
 in the lands and premises in question in this cause to 
 C. D., who is now solely entitled to the same. 
 
 Letters of administration. — On the day of , 
 
 18 — , letters of administration of the personal estate of 
 the said A. B. were granted to C. D. ; whereby he be- 
 came, and is now, the legal personal representative of the 
 said A. B. 
 
 Probate. — The said A. B., by his last will, dated the 
 day of 18 — , appointed C. T>. and E. F. execu- 
 
 tors thereof. On the day of , 18 — , the said 
 
 will was proved by the said C. D. and E. F. ; whereby 
 they became, and are now, the legal personal representa- 
 tives of the said A. B. 
 
 I/unMcy, and appointment of committee. — On the 
 
 day of , 18 — , the plaintiff [or as. may be] was 
 
 found lunatic by inquisition [or as may be] ; and C. D. 
 has been appointed, and is now, the committee of his 
 estate. 
 
 Lunacy : Appointment of new committee. — On the 
 ■ day of , 18 — , E. F. was appointed committee of 
 
 the estate of the said A. B., in lieu of the said 0. D. 
 
 Marriage of female plaintiff. — On the day of 
 
 18 — , the plaintiff A. B. intermarried with, and she 
 
 is now the wife of, C. D., of, &c. 
 
 Marriage Settlement. — By an indenture dated the 
 
 day of , 18 — , executed on the said marriage, all the 
 
 share and interest of the plaintiff in the subject matter of 
 this suit has been assigned to E. F. and G. H., upon cer- 
 tain trusts thereby declared thereof 
 
368 FOBMS AND PRECEDENTS OF 
 
 567. In Chancery, 
 orderot revivor. ^-p^j^^ ^^^j^ ^^ cttuse.— Before Revivor.) 
 
 upon the application of the [plaintiff] alleging {Recite the 
 prcBcipe as in No. 566, and then add) : 
 
 It is therefore ordered that this suit do stand revived 
 at the suit of the said plaintiff [Or, in the name of the 
 
 said as plaintiff] against the said defendants [Or, 
 
 against the said as defendants], and be in the 
 
 same plight and condition as the same was in at the time 
 of the said abatement. 
 
 668. " Take notice that if you desire to discharge this order, 
 «rdtfof™lwvor" jou must apply to the Court, by motion or petition, for 
 bein^^'St'^o/"' ^^^^ purpose. Within fourteen days after the service here- 
 scheduieN. of upou you. The Original bill in this cause is filed in 
 ^haTorder" ™ the office of the Clerk of Records and Writs [Or, Deputy 
 Registrar] at ;" {and if the service is after a de- 
 cree directing a reference to a Master, add :) " and the 
 reference under the decree in this cause is being prose- 
 cuted in the office of the Master at ." 
 
 Plaintiff's Solicitor. 
 To C. D. and E. R, 
 
 (the parties to be served with the order.) 
 
 II. — Appointing, or Dispensing with a Representative. 
 
 569. {Formal parts : see ante, No. 384.) 
 
 to appointT '"" on behalf of the plaintiff [or as may 6e], that the defen- 
 representotive. ^ant A.B. [Or, A. B. of {Rcsidencc and addition),] may 
 be appointed to represent the estate of CD., deceased [Or, 
 the respective estates of C. D. and E. F., deceased], in the 
 plaintiff's bill named [or as may be], for the purposes of 
 this suit. And take notice (cfcc, as in No. 382.) 
 
 T^T »• ^"^P- ■ {Formal parts : see ante, No. 384.") 
 
 Notice of motion i i i/> ^ ii i • j.,^ r 'i ^ 
 
 to dispense with on bchalt 01 the plaintiff [or as may be], that this cause 
 a representative. ^^^ ^j^^ proceedings therein, may be carried on and pro- 
 secuted, notwithstanding the absence of any person re- 
 presenting the estate of A. B. [Or, the respective estates 
 of A. B. and C. D.], deceased, in the plaintiff's bill named 
 [or as may be]. And take notice (d&c, as in No. 382.) 
 
INTERLOCUTORY PROCEEDINGS — SUPPLEMENT. 369i 
 
 III. — Supplemental Statements. 
 
 In Chancery. 
 
 Between (Set out the title of the cause.) 571. 
 
 Statement, by way of supplement, to be annexed to the formal parts of 
 
 1*11 J? 1 • f* It t t T. ./v. a supplemental 
 
 Diil 01 complaint 01 the above named plamtiff. statement, under 
 
 1 \ "^ Orders 349 antt 
 
 2 [{Set forth, concisely, the supplemental matter, m^^"^"^' 
 „■ r paragraphs, numbered consecutively.) 
 
 [Nam,e of counsel.) 
 
 (Formal parts : see ante, No. 300.) 
 
 The several matters [Or, the matter] alleged and set up 572. 
 in the supplemental statement now produced and shown m?d and s'ervld 
 to me, marked with the letter A., arose [within two weeks ^q^^^^I^' ™'*^'" 
 
 from this dayj (i. e. the day of filing) Or, on the 
 
 day of , 18 — , (giving a date within two weeks of 
 
 the filing of the statement.) 
 
 Sworn, &;c. 
 
 573. 
 
 (See a/nte, No. 471.) S°ffle7uppif° ° 
 
 mental answer. 
 
 (Formal parts : see ante, No. 384.) 
 on behalf of the plaintiff for leave to file a supplemental . 574. 
 statement in the form and to the effect set forth in the tor leave t^me ° 
 Schedule hereto annexed, notwithstanding more than two statommTSere 
 weeks have elapsed siace the subject matter of the said ""iL*!?™ *™ 
 proposed supplemental statement arose [Or, notwithstand- elapsed since 
 ing the plaintiff is unable to file an aflidavit showing when of ^ropose^d*^' 
 the subject matter of the said proposed supplemental state- ^^tement arose. 
 ment arose.] And take notice (Sc, as in No. 882.) 
 
 (Formal pa/rts : see ante, No. 300.) 
 
 1. The allegations contained in the supplemental state- 575. 
 ment now produced and shown to me, marked A., are ^portVf'^ 
 true in substance and in fact ; and I am advised by my motion. 
 counsel [Or, solicitor], and believe that it is material and 
 necessary for the proper prosecution of this suit, that I 
 
 (a) The statement must be accompanied by an affidavit that the subject matter thereof 
 arose within two weeks of its filing, unless the Court otherwise order. j,iSee Ord. 360. 
 
 24 
 
370 
 
 FORMS AND PRECEDENTS OF 
 
 should be allowed to set up the several matters in the 
 said statement contained. 
 
 2. State, if 'possible, when subject matter of proposed 
 statement arose, and when it first came to the knowledge of 
 the plaintiff or his solicitor. 
 
 3. Explain any delay which may have arisen in making 
 the application since such knowledge acquired. 
 
 4. This application is made in good faith, and not for 
 the purpose of delay. 
 
 Sworn, &c. 
 Where the matter of the proposed statement is not within 
 the applicant's own knowledge, the affidavit should be modi- 
 fied accordingly ; and in that case the deponent should state 
 that he believes the allegations in the statement to be true, 
 and at the same time show the grounds of his belief. 
 
 Injunctions ajjd RESTRiiNiNG Orders. 
 
 576. 
 
 Prayer for in- 
 junction, in a 
 bUl (a). 
 
 Section I. — Generally. 
 
 That the defendant A. B. may be restrained, by the 
 order and injunction of this Honourable Court, from 
 {State what; as thus: prosecuting the said action so 
 commenced hy him as aforesaid against the plaintiff; and 
 that aU the defendants may be respectively restrained, in 
 like manner, from commencing or prosecuting any other 
 action or proceeding against the plaintiff, for the recovery 
 of the rent now due from the plaintiff under the said 
 lease, or any part thereof; or otherwise concerning the 
 matters aforesaid) — And see post, Nos. 581 to 592. 
 
 577. 
 
 Notice of ad- 
 ministration 
 decree to acredi 
 tor proceeding 
 at law. 
 
 In Chancery. 
 
 (Title of the suit in Equity.) 
 
 Take notice, that by a decree [Or, an order], dated the 
 day of , 18 — , in this suit : which has been in- 
 stituted for the administration of the estate of A. B., late 
 of, c&c, deceased : the usual accounts are directed to be 
 taken of the estate of the said A. B., including an account 
 of his debts. 
 
 Take also notice that, inasmuch as you, the under- 
 named C. D., can go in under the said decree [Or, order], 
 and prove the debt, if any, alleged to be due to you from 
 
 (a) See, however, Kennedy v. Bovm, 21 Ort. 9S. 
 
INTERLOCUTOEY PROCEEDINGS — INJUNCTIONS, ETC. 371 
 
 the estate of the said A. B., for the recovery whereof you 
 have brought an action in Her Majesty's Court of Queen's 
 Bench [or as may be], against E. F., the executor [Or, 
 administrator] of the said estate, and for the costs of the 
 said action to this time, if you the said C. D., after the 
 receipt of this notice, proceed with the said action, an 
 application will be made to the Court of Chancery to 
 restrain you, your attorneys and agents, from further pro- 
 secuting the said action, and to deprive you of the costs 
 incurred therein subsequent to the receipt of this notice. 
 
 Dated this day of , 18 — . 
 
 G. H., of (Place of business), 
 
 solicitor for the said E. F. 
 
 [or as may be.] 
 To the said C. D., and to Mr. L. M., his attorney [Or, 
 agent] in the said action. 
 
 (Formal parts : see ante, No. 382.) 
 on the part of the plaintiff [Or, defendant E. F.] : 578. 
 
 1. That C. D., his attorneys and agents, may be re-?"**?^""™": 
 strained from further prosecuting the action brought by a creditor from 
 him ia Her Majesty's Court of Queen's Bench [or as may faw°S m' 
 be], against the defendant E. F. [or as may be], the ex- 5^^"*™'*°" 
 ecutor [Or, administrator] of A. B., the testator [Or, in- 
 testate] in the pleadings of this cause named, to recover 
 
 a debt alleged to be due to the said C. D. from the estate 
 of the said A. B. [or as may be.] 
 
 2. That the said C. D. may be at Uberty to go in under 
 
 the decree [Or, order] made in this cause, dated the 
 
 day of , 18 — , and prove the claim for which the 
 
 said action is brought. 
 
 Where assets admitted : 3. That, upon the said C. D. 
 establishing his said claim, the defendant E. F. [or as 
 may be] may be at liberty, out of the assets of the said 
 A. B., to pay to the said C. D. his costs of the said action, 
 up to the time he had notice of the said decree [Or, order] : 
 to be taxed. 
 
 Or where assets denied : 3. That the costs of the said 
 C. D. of the said action, up to the time he had notice of 
 the said decree [Or, order], and his costs of this applica- 
 tion, may be taxed ; and that he may be at liberty to 
 add the amount thereof to his said claim, and to prove 
 for the same under the said decree [Or, order.] And take 
 notice that in support (<fec., as in No. 382.) 
 
372 FORMS AND PEECEDENTS OF 
 
 579. In Chancery. 
 ^^*«Pe' {Formal farts : see ante, No. 300.) 
 sentative, and -^g Q jj of (Plaoe of business), gentleman, the soK- 
 
 his solicitor, in . '. , . ' ^ « ,, ' , » i ' , °-r^ -r,. tJ j 
 
 support of mo- citor m this cause for the deiendant cj. r . — If so : and 
 c^torTuaJ^ also his attorney in the action hereinafter mentioned— 
 
 and the above named defendant E. F., of (Residence and 
 
 addition), severally make oath and say : 
 
 And first, I, the said G. H., for myself, say as foUows : 
 
 1. On the day of , 18 — , C. D. brought an 
 
 action in Her Majesty's Court of Queen's Bench [or as 
 may 6e], against the said defendant E. F., as the executor 
 [Or, administrator] of A. B., the testator \0t, intestate] in 
 the pleadings of this cause named, to recover the sum of 
 
 $ , alleged to be due to the said C. D. from the estate 
 
 of the said A. B. \or as may 5e.] 
 
 2. State, concisely, the material proceedings in the action ; 
 as thus : The said E. F. duly appeared to the said action ; 
 and issue has been joiaed therein, and notice of trial 
 
 given for the next assizes to be holden at , in the 
 
 county of . 
 
 3. The suit in which this affidavit is made was insti- 
 tuted on the day of , 18 — , by a creditor of the 
 
 said A. B. [or as may be] for the administration of the 
 estate of the said A. B. 
 
 4. By the decree [Or, order] dated the day of 
 
 , 18 — , made on the hearing of the said suit, the 
 
 usual accounts are directed to be taken of the estate of 
 the said A. B. : including an account of his debts. 
 
 5. Prove service on the plaintiff at law of the decree or 
 order. (See ante. Wo. 323.) 
 
 And I, the said E. F., for myself, say as foUows : 
 
 6. The only assets of the said A. B. now in my hands 
 
 consists of (State what ; as : the sum of $ cash) ; and 
 
 such assets are insufficient, in a due course of administra- 
 tion, to pay the claim of the said A. B. in the said action, 
 and his costs thereof [or as may ie.'\ 
 
 Sworn, &c. (See ante, No. 303.) 
 
 Section II.— Interlocutory Injunctions, and Restrain- 
 ing Orders 
 
 580. (Formal parts : see ante, No. 882.) 
 
 noScrof3i°n on t^e part of the plaintiff, that the defendant A B his 
 for » injunc- [Qr, defendants A. B., C. D., &e., their, and each of their] 
 attorneys and agents [Or, officers, contractors, servants, 
 
INTERLOCUTORY PROCEEDINGS — INJUNCTIONS, ETC. 373 
 
 workmen, and agents — or as may -6e], may be restrained, 
 by the order and injunction of this Honourable Court, 
 from (State what : For examples, seepost, Nos. 581 — 592 : 
 until the hearing of this cause [oi- «< may be], or until 
 further order. A.nd take notice that in support ((fee, see 
 ante, Xo. 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 from proceeding in the action at law commenced by the 581. 
 said defendant T. T. against the plaintiflFs, as in the tori^takTctSoS 
 plaintiff's bill mentioned ; and from commencing or pro- '■* '^ ^'^^• 
 scouting any other action or suit, or other proceeding, 
 against the plaintifls, or either of them, for the recovery 
 of the mortgage debenture in the bill mentioned : until 
 further order. And take notice (<fcc., as in iVo. 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 from continuing to erect or raise the walls or building, 582. 
 
 jt ,. T ji i^ijiii ill Notice of motion 
 
 now m course oi erection by the deiendants to the north to restrain inter- 
 of the plaintiff's premises, in the bill mentioned, to a SSent%hts. 
 greater height than the same wall or building now is : 
 until, ^c. And take notice (^c, as in No. 382.) 
 
 (Fot-^nal parts : see ante, Nos. 382 and 580.) 
 from printing, publishing, selHng, or otherwise circulating jjoticfrf motion 
 such portion of the defendant's works, intituled " Mineral to restrain in- 
 Statistics of the United Kingdom of Great Britain and cop^ght. 
 Ireland, for the year 1865," in the plaintiff's biU men- 
 tioned, as is set forth in the statistics contained in the 
 annual statements or publications pubhshed by, or on 
 behalf of, the plaintiff, as in the plaintiff's bill mentioned ; 
 and from doing any other act or thing in invasion or 
 infringement of the plaintiff's copyright in the said annual 
 statements or publications, or any of them: until, ^c. 
 And take notice (^c, as in No. 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 from making and selling, or makiiig or selling, any blue Notil ?ftotiou 
 or purple violet dye made according to the process dis- to restrain 
 covered in the specification of the letters patent in the bill patent™™ 
 
 (a) See Kennedy v. Sovm, 21 Grt. 95. 
 
374 FOBMS AND PRECEDENTS OF 
 
 mentioned, or according to any process being a colourable 
 imitation thereof; and from in any manner infringing 
 the said letters patent : untU, <«-c. And take notice ((fee, 
 as in No. 382.) 
 
 585. {Formal parts : see ante, Nos. 382 and 580.) 
 
 Notice of motion fj-oj^ affixing, or Causing to be affixed, to any casks of 
 tafJtog^^nt of wine shipped to their, or any of their order, or used by 
 trademark. ^j^^^^ ^^ ^^^ ^f ^^^^^ j.j^g ^^,.3^^^,} ^^ ^j^rk of a crowu, and 
 
 the word Seixo, or any other combination of marks or 
 words so contrived as, by colourable imitation or other- 
 wise, to represent the marks or brands used by the plain- 
 tiff; and from employing, or permitting to be employed, 
 any marks or brands, or words or other designation, in 
 respect of wines offered for sale by the defendants, or any 
 of them, which shall be so contrived as to represent, or to 
 induce a belief, that such wines are Crown Seixo, or the 
 produce of the quinta do Seixo, in the plaintiff's bill men- 
 tioned ; and also from describing, or offering for sale, the 
 wines simply as Seixo wine ; or otherwise using the word 
 Seixo in respect of such wine ; without clearly distinguish- 
 ing the same from wine produced on the plaintiff's said 
 quinta do Seixo : until, ^c. And take notice (jfc, as in 
 No. 382.) 
 
 586. {Formal farts : see ante, Nos. 382 and 580.) 
 
 to°r^i"ex^° ^"^0110. taking any further proceedings, by distress or other- 
 cation for rent, wise, to recover the rents and profits of the hereditaments 
 and premises in the plaintiff's bill mentioned ; and from 
 putting in force and execution the distress levied by the 
 defendant upon the goods and chattels of W. P., in the 
 plaintiff's bill mentioned : until, ^c. And take notice 
 (^c, as in No. 382.) 
 
 587. {Formal parts : see ante, Nos. 382 and 580.) 
 
 to°restrairthe™ ^^OTo. causing Or permitting any sewage, or water polluted 
 pollution of a with SBwage, to pass through the drains or channels un- 
 der their control into the river C, in such maimer as to 
 render the water of the said river at or near the plaintiff's 
 mill, in the bill mentioned, unfit for use by the plaintiff, 
 or otherwise injurious to the health of the persons resi- 
 dent at the said mill : until, jf-c, and take notice (<fc., a« 
 in No. S82.) ^^ 
 
INTERLOCUTORY PROCEEDINGS — INJUNCTIONS, ETC. 375 
 
 {Formal parts : see ante, Nos. 382 and 580.) 
 from possessing himself of, getting in, or receiving, and 588. 
 from disposing of, charging, or incumbering, any part of toSSTai!"' 
 the moneys, credits, property, assets, estate or effects of or |^^° rawp' 
 belonging to the partnership business in the bill men- ™«ts,.orinter- 
 tioned ; and from incurring any debts or debt in respect Se businees. 
 of the said business, and from carrying on, or in any man- 
 ner interfering in, or intermeddling with, the said busi- 
 ness, or any of the moneys, property, assets or affairs 
 thereof, without the consent of the plaintiff: until, S^c. 
 And take notice (^c, as in No. 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 from prosecuting the actions of ejectment commenced by 589. 
 the defendants the I. R. Company, as in the plaintiff's fo ™?r3n*'°° 
 bill mentioned, against the defendants the D. and S. R. p"''"" company. 
 Company, or either of such actions ; and from commenc- 
 ing or prosecuting any other action or actions for obtain- 
 ing possession of the lands purchased by the plaintiffs for 
 the purposes of the said D. and S. R. Company : until, ^c. 
 And tate notice (<&c., as in No. 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 from transferrins on the register the ship marked or called „ . 590. 
 
 -_ ,. ,, I?,-, .1, Notice of motion 
 
 No. 4, in the biU mentioned, to any person or persons ; to restrain the 
 and also to restrain the said defendant, his servants and aSp^regtater, 
 agents, from removing the said ship out of the jurisdiction ^^ ^'*°s <>' 
 of this Court: until, ^c. And take notice (^c, as in No. 
 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 on the part of the plaintiff [or as may be}, that A. B., of, uoy^f^i^otion 
 ^c, may be restrained, untU further order, from inter- to resteon 
 marrying with the plaintiff C. D [or as may he\, and from S cS^rt^ ™ 
 having any intercourse or communication with the said 
 C. D. And take notice (&c., as in No. 382.) 
 
 (Formal parts : see ante, Nos. 382 and 580.) 
 from felling any timber or other trees standing or grow- j,oticf?f motion 
 ing in the meadow, or in the hedge, in the plaintiff's bill 'o^^ti^ the 
 mentioned ; and from cutting the said hedge, or the un- timber" 
 
376 
 
 593. 
 
 Certificate of 
 biU filed. 
 
 FORMS AND PB.ECEDENTS OF 
 
 derwood thereof : and from committing any other waste, 
 or otherwise interfering with the said meadow, or trees, 
 or hedge: until, ^c. And take notice (<fcc., as vn No. 
 382.) 
 
 In Chancery. 
 
 {Full style of cause.) 
 
 These are to certify, that the plaintiff's bill in this cause 
 
 was regularly filed on the day of ■ , 18 — {If so: 
 
 and that the same was duly amended on the day of 
 
 , 18 — ) : as appears by my book. 
 
 Dated, &c. 
 
 594. {Formal parts ; see ante, No. 384.) 
 to subrtitut°ed™ on behalf of the plaintiff, that service of a printed copy of 
 service of copy ^hc plaintiff's biU, duly endorsed, together with a copy of 
 of iiotion°fOTli,n the Order hereon, upon A. B., at {State where), may be 
 injunction (a), ^g^^g^j g^^^ service upon the defendant C. D. ; and that 
 the plaintiff may at the same time serve notice of motion 
 for an injunction on the day of , 18 — , in ac- 
 cordance with the prayer of the plaintiff's biU ; and that 
 service of such notice upon the said A. B. may be deemed 
 good service upon the defendant C. D. And take notice 
 i^c, as in No. 382.) 
 
 595. 
 
 Notice of mo- 
 tion to apply 
 for an interim 
 order, <fcc. (a). 
 
 (Formalparts : see ante, No. 384.) 
 on behalf of the plaintiff, for an interim order in the terms 
 
 of the 4th paragraph of the plaintiff's biU, until after , 
 
 the day of ; and for leave to serve notice 
 
 of motion for that day, with the bill, before appearance 
 [or as may be.] And take notice {as in No. 382.) 
 
 596. 
 
 Order for 
 interim injunc- 
 tion. 
 
 {Formal parts : see ante, No. 336.) 
 
 And the plaintiff, by his counsel, undertaking to abide 
 by any order this Court may make as to damages, in case 
 the Court shall hereafter be of opinion that the defendant 
 shall have sustained any by reason of this order which the 
 plaintiff ought to pay ; This Court doth order, that the de- 
 fendant T. A. P. be restrained, until Saturday, the 2nd day 
 of September next, from obtaining any payment, ^c, ^c. ; 
 and that a writ of injunction do issue accordingly, and 
 the plaintiff is to be at liberty to serve the defendant with 
 
 (a) This application is usually ex pa/rte. 
 
INTERLOCUTORY PROCEEDINGS — INJUNCTIONS, ETC. 377 
 
 the bill, and also, before answer, with notice of a motion 
 to be made before this Court on Friday, the 1st day of 
 September next, to continue the said injunction. 
 
 {Formal parts : see ante, No. §84.) 
 on the part of the plaintiffs, that they may be at liberty 597. 
 to amend their biU, as they shall be advised [or as may Motion for leave 
 fee] : without prejudice to the notice of motion for an in- ^^^"^ j"'u- 
 junction in this cause ; and that the costs of this applica- dice to notice 
 tion may be costs in the cause. And take notice {&c., as injunction. 
 in lYo. 382.) 
 
 (ForTTial parts : see ante, No. 384.) 
 on the part of the defendants, that the time within which 593. 
 the applicants may file their affidavits on the plaintift"s motion for time 
 motion for an ini unction may be enlarged until the t° ^« affidavits 
 
 n .t <-. T T . 1 I • ■ 1 1 • 1 • L i-L ^^ motion for 
 
 day 01 , 18 — ; and that the time within which the injunction, and 
 
 plaintiff may file affidavits in reply, and serve notice of Sfon for™ °* 
 
 motion for a decree, may be enlarged until the day decree. 
 
 of , 18 — , and that the costs of this application may 
 
 be costs in the cause. And take notice (cfcc, as in No. 
 382.) 
 
 In Chancery. 
 
 {Shortened style of cause!) 
 
 Take notice, that his Lordship the Chancellor [or as may 599 
 he\ has this day granted an injunction [Or, made an order ,^j„°^tion 
 that an injunction be awarded] in this cause, to {State having teen 
 terms of injunction or order.) 
 
 Dated, &c. 
 
 And take also notice, that the said injunction will be 
 issued [Or, that the said order will be drawn up], and 
 served upon you, as soon as practicable. 
 
 Dated, &c. A. B., 
 
 Plaintiff's Solicitor. 
 
 To (Party enjoined.) 
 
 ONTARIO. 
 
 In Chancery. 
 
 Victoria, by the Grace of God, of the United King- ^^^^f pO- 
 
 dom of Great Britain and Ireland, Queen, Defender of injunction. 
 
 the Faith. 
 To Greeting : 
 
 Whereas it has been represented to us, in our Court of 
 Chancery, on the part of complainant, that has 
 
378 
 
 FOEMS AND PRECEDENTS OF 
 
 lately filed bill of complaint in our said Court of Chan- 
 cery, against you the said , to be relieved touching 
 
 the matters therein complained of, in which bill it is stated, 
 among other things, that your actings and doings in the 
 premises are contrary to equity and good conscience : We 
 therefore, in consideration thereof, and of the particular 
 matters in the said biU set forth, do strictly command you 
 
 the said , and the persons before mentioned, and 
 
 each and every of you, under the penalty of five thousand 
 pounds, to be levied upon your lands, goods and chattels, 
 to our use, that you absolutely desist and refrain from 
 
 (following terms of order.} 
 
 Witness, the Honourable , our Chancellor, this 
 
 day of , 18 — , in the year of our reign. 
 
 -, Clerk of Records and Writs. 
 
 -, Plaintifi's Solicitor. 
 
 601. 
 
 Kotice of 
 motion to 
 dissolve an 
 interlocutory 
 injunction. 
 
 (Formal parts : see ante, No. 382.) 
 on the part of the defendant A. B., that the injunction 
 
 awarded by the order in this cause, dated the day 
 
 of , 18 — , may be dissolved. And take notice (iSr-c, 
 
 as in No. 382.) 
 
 602. 
 
 Notice of 
 motion to 
 diachai^g^e, for 
 irregularity, 
 order awarding 
 injunction. 
 
 (Formal parts : see ante, No. 382.) 
 on the part of the defendant A. B., that the order dated 
 
 t'l® — day of , 18 — , made in this cause, on 
 
 the application of the plaintifi", whereby it was ordered 
 that (State what), may be discharged for irregularity, with 
 costs to be paid by the plaintiff to the said defendant for 
 that (State the irregularity complained of.) And 
 notice (&c., as in No. 382.) 
 
 Section III. — Continuing or Granting Injunctions at 
 the Hearing. 
 
 603. 
 
 writof perpetual lue Same as No. 600, ante 
 
 injunction. ' 
 
INTERLOCUTORY PROCBKBINGS — raJXJNCTIONS, ETC. 379 
 
 Section TV. — Consequences of the Breach of. an Injunc- 
 tion, or Restraininff Order. 
 
 (Formal parts : see ante, No. 384) 
 on the part of the plaintiflF, that the defendant A. B. may 604. 
 
 stand committed to prison of the county or united fOT'co?^iTtai'°" ' 
 
 counties in which he may be found, for breach of the ["J^'^ouon."' 
 
 injunction granted pursuant to the order dated the 
 
 day of , 18 — [Or, if writ not served, say : awarded 
 
 to the plaintiff, by the order dated the day of , 
 
 18 — ], to restrain the said defendant from {State what) — 
 // so : and for breach of the undertaking given by the 
 said defendant on, S^c. ; and that the said defendant may 
 be ordered to pay the costs of this motion. And take 
 notice (J-c, as in No. 382.) 
 
 (Formal parts : see ante. No. 300.) 
 
 1. Prove service of notice of the injunction, or restrain- 605. 
 iruf order : see ante, No. 323/ or if a writ of injunction yoitof\iMi^^ 
 has hezn served, prove service thereof ; as thus: I did, on"*™™""'- 
 the day of , lb — , serve the above named de- 
 fendant A. B. with the writ of injunction issuing out of, 
 
 and under the seal of, this Honourable Court, now pro- 
 duced and shown to me, and marked A.,. by delivering a 
 true copy of the said writ to, and leaving the same with, 
 the said defendant A. B., f>ersonally, at (State where) ; 
 and I, at the same time, produced and showed to the said 
 defendant A. B. the said original writ so under seal as 
 aforesaid. At the time of the service aforesaid, there 
 was on the said original writ, and on the copy thereof 
 so served as aforesaid, an indorsement in the words and 
 figures follovidng ; that is to say : {Set out a copy of the 
 endorsement.) 
 
 2. Prove that defendant has committed a breach. 
 
 3. Prove service of notice of motion for committal for the 
 breach : see ante. No. 322. 
 
 (Formed parts: see ante, No. 384.) 
 on the paxt of the defendant A. B., that [upon his paying uotiofSmoti, 
 or tendering to the plaintiffs their costs of the order for ducharge 
 
 dated the day of , 18—, and the costs of his "°"° °""*°''^- 
 
 contempt, and of this application i such costs to be taxed 
 
380 FORMS AND PEECEDEKTS OF 
 
 by the Master incase the parties diifer] : (a) the defendant 
 A. B. may be discharged out of the custody of the Sheriff 
 of the County of , as to his said contempt. 
 
 Section V. — Orders in the Nature of Injunfitions. 
 
 Stop Orders. 
 
 607. {Title — and address : see ante, JVb. 387.1 
 
 .Itop'ordi?."'' The humble petition of A. B., of (Residence and 
 
 addition), 
 Showeth as follows : 
 1 — 8. Show the assignor's interest in the fund in Court : 
 
 4. Show the assignment to, or other title of, the assignee ; 
 
 as thus : By an indenture dated the day, of , 
 
 18 — , and made between the said C. D., of the one part, 
 and your petitioner of the other part, the said C. D., for 
 the consideration therein mentioned, assigned his said 
 one-third share of the said $10,000 unto your petitioner, 
 his executors, administrators and assigns, absolutely, by 
 way of sale \0r, mortgage] ; and authorized him and 
 them to receive and give discharges for the said share [or 
 as may be.] 
 
 5. describe the present state of the fund in Court ; as 
 thus : The said sum of $10,000 is now standing in Court 
 to the credit of this cause, [or as may be.] 
 
 Your petitioner therefore humbly prays that 
 (Describe the fund or share of fund to be 
 restrained: see post, 608-9.) Or that (^c: 
 Conclude as in No. 387, ante.) 
 
 608. (Formal parts : see ante. No. 384.) 
 
 S?tltop. ordlr on the part of A. B., of (Residence and addition), that the 
 fn co.St!''''''™'^ (Describe the fund to be affected, and how it stands in the 
 Accountant-General's books, according to his certificate ; 
 as thus : moneys in Court to the credit of this cause, to 
 which C. D. is entitled [Or, so much of the Dominion 
 Stock Or, the Canada 6 per cent, bonds], in which the 
 
 sum of $ is invested in the name of the Accountant 
 
 of this Honourable Court to the credit of this cause, and 
 
 (a) It would seem that where a party in custody has otherwise purged his contempt 
 the payment of the costs of the contempt will no longer he made a condition precedent 
 to his discharge ; Jackson v. Mawhy, L. K. 1 Ch. D. 87. 
 
INTERLOCUTORY PROCEEDINGS — STOP ORDERS, ETC. 3&1 
 
 to which \_0r, the moneys now invested upon the mort- 
 gage of C. D., in the name of the Accountant of this 
 Honourable Court to the credit of this cause, and to 
 which, &c.] 
 
 to which the plaintiff C. D.—Or, defendant C. D.— Or, 
 C. D., of (Residence and addition) is — If so : or may be 
 or become — entitled, or any part thereof, If so : or any 
 interest hereafter to accrue due on the said stock, or any 
 part thereof, 
 
 may not be transferred, sold, paid out, or otherwise dis- 
 posed of without notice to the said A. B. And take no- 
 tice (<fcc., as in N^o. 382.) 
 
 (Formal parts : see ante. No. 384.) 
 on the part of A. B., of (Residence and addition), that the 609. 
 one-third share to which the plaintiff C. D. ^ie'o?a°fmd 
 
 Or, defendant C. D. — Or, C. D., of (Residence and ad- " °'""'- 
 dition)—\s If so : or may be or become — entitled of the 
 (Describe the fund, and cause, &c., as in No. 608, ante,) 
 or any part thereof. If so : or of any interest hereafter 
 to accrue due on the said annuities, or any part thereof, 
 may not be transferred, sold, paid out, or otherwise dis- 
 posed of without notice to the said A. B. And take no- 
 tice (c&c, as in No. 382.) 
 
 (Formal parts : see ante, No. 300.) 
 
 1, 2. Shxyw titles of assignor and assignee : see ante. No. QIO- 
 
 n/\t-T -I A t/ '7 AiRdavit in 
 
 W7,parS. 1 — 4. support of pets 
 
 3. Prove assignor's execution of the assignment; as thus : *'°oo''™°*i°"- 
 
 The said indenture is the writing, marked A., now 
 
 produced and shown to me. I saw the said C. D. execute 
 
 the said indenture. The name or signature " ," 
 
 subscribed to the said indenture as one of the parties exe- 
 cuting the same, is of the proper handwriting of the said 
 
 C. D. ; and the name or signature " ," subscribed 
 
 to the attestation of such signature endorsed on the said 
 indenture, is of my proper handwriting [Or, I am well 
 acquainted with the handwriting of the said C. D. : hav- 
 ing seen him write. The name or signature " ," 
 
 subscribed to the said indenture as one of the parties exe- 
 cuting the same, is of the proper handwriting of the said 
 C. D.] 
 
 4. In the case of a petition, prove service thereof, when 
 necessary. 
 
 5. Show means of knowledge. 
 
.382 FOKMS ANB PRECEDENTS OF 
 
 ^Notice of motion 
 -for a further s: 
 
 611. {Formal parts : see omte, No. 384.) 
 
 „..furth?°*t!^ on the part of L. M., oi {Residence mid addition), that the 
 order, on assign- (J)esGribe the fund, OT share of fund, to be restrained : see 
 
 ment of interest V- -_ „nr^\ ,i i p ^ in • ^ x 
 
 by restraining ante, No. 608,) may not be transterred, sold, paid out^ or 
 ^'^^' otherwise disposed of without notice to the said L. M. : 
 
 instead of A. B., as directed by the order dated the 
 
 (Jay of , 18 — {Former stop order). And take notice 
 
 ((fee, as in No. 382.) 
 
 612. {Formal parts : see ante. No. 384.) 
 
 " *■ on the part of L. M., of {Residence and addition), that the 
 
 said L, M. may be substituted for A. B. in the order dated 
 
 the day of , 18 — {Former stop order) named, as 
 
 the person to whom notice is to be given before any trans- 
 fer, sale, payment out, or other disposition is made of the 
 bank stock \or as may he\ in the said order mentioned. 
 And take notice {&c., as in No. 382.) 
 
 613. {Title — and address : see ante. No. 387.) 
 
 .Mke orf%!"'' '"' Thehumble petition of L. M., of {Residence and ad- 
 
 dition), 
 Showeth as follows : 
 
 1. Recite the existing stop ordeir ; as thus : By an order 
 
 dated the day of , 18 — , and made in this cause 
 
 on the petition [^Or, on the application] of A. B., it was 
 ordered that {S^t out so much of the order as imposed the 
 restraint) 
 
 2. Show the title of the petitioner ; as thvyS : By an in- 
 denture dated the day of , 18 — , and made be- 
 tween the said A. B. of the first part, the said C. D. of 
 the second part, and your petitioner of the third part, for 
 the consideration therein mentioned, the said A. B., with 
 the privity of the said C. D., assigned, and the said C. D. 
 assigned and confirmecl, the said (one-third share of the 
 said) Dominion 6 per cent, stock unto your petitioner, his 
 executors, administrators and assigns, by way of absolute 
 sale [Or, mortgage]; and thereby authorized him and 
 them to receive and give discharges for the same. 
 
 3. The said $ Dominion 6 per cent, stock is now 
 
 ; standing in the name of the Accountant-General, to the 
 ■credit of this cause [or as may 6e.] 
 
 Your petitioner therefore humbly prays that 
 
 (the share of the said C. D., of) the said $ 
 
 stock \pr as ma/y he], or any part thereof— J/" 
 
INTERLOCUTOET PKOCEEDINGS — STOP ORDERS, ETC. 383 
 
 SO : or any interest hereafter to accrue thereon 
 or any part thereof — may not be transferred, 
 sold, paid out, or otherwise disposed of without 
 notice to your petitioner : instead of the said A. 
 
 B., as directed by the said order of the day 
 
 of , 18 — [Or, that your petitioner may be 
 
 substituted for the said A. B., as the person to 
 whom notice is to be given before any transfer, 
 sale, payment out, or other disposition is made 
 
 of the said $ stock [or as Tnay 6e] — If so : 
 
 or the interest to accrue due thereon. 
 
 Or that {£c. : Continue as in No. 387, ante, to 
 
 the end.) 
 
 (Formal parts : see ante, No. 300.^ 
 
 Show title of the applicant : see ante, No. 613, pars. 1, 2. 614. 
 
 3. Prove execution by the assigning parties ; as thus : ^orsum-^"'" 
 
 The said indenture dated the day of , 18 — (as- mons.orpeti- 
 
 signment), is the writing marked B., now produced 
 
 and shown to me. I saw the said A. B. and C. D. respec- 
 tively execute the said indenture marked B. The name 
 
 or signature " ," subscribed to the said indenture 
 
 as one of the parties executing the same, is of the proper 
 handwriting of the said A. B. The name or signature 
 
 " ," subscribed to the said indenture as another of 
 
 the parties executing the same, is of the proper handwrit- 
 ing of the said C. D. The name or signature " ," 
 
 subscribed to the attestation endorsed on the said in- 
 denture of the signatures thereto of the said A. B. and C. 
 J)., is of my proper handwriting. [Or, I am well ac- 
 quainted with the handwriting of the said A. B. and C 
 D., respectively, having seen them write. The name or 
 
 signature "— ," subscribed to the said indenture as 
 
 one of the parties executing the same, is of the proper 
 handwriting of the said A. B.; and the name or signature 
 
 " ," subscribed to the said indenture as another of 
 
 the parties executing the same, is of the proper handwrit- 
 ing of the said C. D.] 
 
 4. Show means of knowledge. 
 
 Sworn, &c. 
 
 {Formal parts: see ante, No. 384.) 
 
 on the part of C. D., in the order dated the day of . 615. 
 
 , 18 — , named [Or, C. D., of (Residence and addition)}, jShar^' 
 
 that the (said) order dated the day of , 18—, stop order. 
 
 motion 
 
384 
 
 FORMS AND PRECEDENTS OF 
 
 616 
 
 Prayer for a 
 receiver; and 
 injunction in 
 a bin. 
 
 whereby it was ordered [Or, that so much of the order 
 
 dated the day of , 18 — , as directs] that (Recite, 
 
 concisely, the order, or restraining clause) may be discharged 
 — If so : with costs to be paid by the said A. B. to the 
 said C. D. And take notice {^c, as in No. 382.) 
 
 Section I.- 
 
 Receivees. 
 
 -Mode, and Effect, of Appointment of a 
 Beceiver. 
 
 That some proper person or persons may be appointed 
 by this Honourable Court, to receive the rents and profits 
 of the real estate of the said testator, and to collect and 
 get in his outstanding personal estate [or as may be]. — 
 And that the defendant A. B. may be restrained, by the 
 order and injunction of this Honourable Court, from in 
 any way interfering witb the said real and personal es- 
 tate, or any part thereof, or with any rents or profits, di- 
 vidends or interest, arising from any part of the said real 
 and personal estate. 
 
 617. 
 
 Notice of mo- 
 tion for a re- 
 ceiver. 
 
 (Formal parts : see ante, No. 382.) 
 on the part of the plaintiff, that a proper person [Or, that 
 L. M., of {Residence and addition), on giving security] 
 may be appointed (State for what purpose ; as thus : 
 
 to receive the rents and profits of the real and lease- 
 hold estates, and to collect and get in the outstanding per- 
 sonal estate of A. B., the testator in the bill named) : 
 If of real or leasehold estates, add : 
 
 And that the tenants of the said estates may be or- 
 dered to attorn, and pay their rents in arrear and 
 growing rents to such receiver : 
 If of outstanding personal estate, add : 
 
 And that the defendant C. D., the executor of the 
 will [Or, administrator of the personal estate] of the 
 said A. B., may be ordered to deliver over to such 
 receiver all securities in his hands for such outstand- 
 ing personal estate, together with all books and pa- 
 pers relating thereto (or as may be). 
 And that such receiver may be directed from time to 
 time to pass his accounts, and pay his balances into Court, 
 to the credit of this cause. And take notice fc&c.. as in 
 No. 382.) 
 
INTERLOCUTOEY PROCEEDINGS — RECEIVERS. 385 
 
 {Formal parts : see ante, No. 382.; 
 on the part of the plaintiff, that some proper person may 618. 
 be appointed to receive the rents and profits of the real um for°a ™-" 
 estates of M. E., the intestate in the plaintiff's bill named : aotto's a™aw^ 
 until such time as the plaintiff's title shall be determined 
 in some or one of the actions at law in the bill mentioned ; 
 and that the same person may be appointed to receive the 
 rents and profits of the leasehold estates of the said M.E.; 
 and to collect and get in her outstanding personal estate, 
 pending the litigation as in the said bill mentioned. — Di- 
 rection to the tenants : see ante, No. 617. And that the 
 plaintiff may deliver over to such person so to be ap- 
 pointed all securities in his hands for such outstanding 
 estate, together with all books and papers relating there- 
 to. — Directions for receiver to pass his accounts, and pay 
 in balances : see ante, No. 617. 
 
 ( Title — and address : see ante. No. 387.) 
 
 The humble petition of the defendant C D. 619. 
 
 or, iV r 11 Petitioubya 
 
 bhOWetn as lOllOWS : defendant, for 
 
 1. State the institution and object of the suit. Slnt™°i°re- 
 
 2. State the decree and subsequent material proceedings. <=«i™r- 
 
 3. State the special grounds for the appointment of a 
 
 receiver. 
 
 Your petitioner therefore humbly prays, that a 
 proper (Continue as in No. 617, ante, to the end). 
 Or that your lordships {Continue as in No. 
 387, ante.) 
 
 {Formal parts : see ante, No. 382.) 
 
 on the part of the plaintiff [Or, defendant A. B.], that he ^^ ^.620. 
 
 ■,",,.■,, r '- 1 ' IP ,1 XX, Notice of mo- 
 
 may be at liberty to propose himseii as the person to be tion for leare 
 
 appointed receiver under the decree [Or, order] dated the 'he oaufeto'" 
 
 , 18 — ; but without giving security : he undertaking propose Mmseii 
 
 to act without salary [or as may oe\. 
 
 For the appointment of a receiver under the decree in 621. 
 
 this cause dated , on next, at a. m. [Or S°a™ant*^for 
 
 p. m.], and A. B., of the town of (Esquire), is pro- ^f/,PStment 
 
 posed as the said receiver ; and C. D., of the same place, 
 
 , and E. F., of the same place, , are proposed 
 
 as his sureties. 
 25 
 
386 
 
 FOBMS AND PEECEDENTS OF 
 
 622. 
 
 Counter pro- 
 posal for 
 appointment of 
 receiver. 
 
 In Chancery. 
 
 (Short style of cause) 
 Take notice, that I will, on the day of - 
 
 when 
 
 the warrant for the appointment of a receiver in this cause, 
 
 taken out by , and served upon , is attend- 
 
 able, propose that instead of the said A. B., proposed by 
 
 as receiver, C. D., of (Esquire), be appointed ; 
 
 and I propose as his sureties E. F., of , and G. H., 
 
 of . 
 
 Dated, &c. 
 
 To K. S., Esq., 
 
 Solicitor for - 
 
 Yours, &c., 
 
 I.J., 
 Solicitor for ■ 
 
 623. 
 
 Affidavit of the 
 nature and 
 value of the 
 property over 
 which the 
 receivership .is 
 to extend. 
 
 (Formal 'parts : see ante, No. 300. ^i 
 
 1. Describe the property, succinctly ; as thus : The real 
 and leasehold estates of the testator A. B., in the decree 
 
 [Or, order] in this cause, dated the , IfS — , mentioned, 
 
 consist of the short particulars set forth in the iirst column 
 of the first part of the Schedule hereto. 
 
 2. Thie said estates are in the occupation of the several 
 persons, and at' the annual rents, specified in the second 
 and third columns of the said first part. 
 
 3. The arrears of rent specified in the fourth column 
 of the said first part are also now due. 
 
 4. The outstanding personal estate of the said testator 
 consists of the particulars set forth in the first column of 
 the second part of the said Schedule ; and the values 
 thereof are set forth in the second column of the said 
 second part. 
 
 5. Show means of knowledge. 
 
 The Schedule above referred to. 
 First Part. 
 
 Particulars of estate. 
 
 Tenant's name. 
 
 Annual rent. 
 
 Arrears due. 
 
 The Home Farm, at 
 Uxbridge, Ontario, 
 
 dSrc. 
 
 John Jones, 
 Ac. 
 
 S c. 
 300-00 
 
 <fcc. 
 
 S 0. 
 
 75-00 
 
 ■t-c. 
 
INTERLUCaTORY PROCEEDINGS — RECETVERP. 387 
 
 Second Part. 
 
 Particulars of outstandinsr estate. j Value. 
 
 Book debt-s. 
 
 S ets. 
 350-00 
 
 (He. 
 
 {Formal parts : -see ante, iVb. 300.) 
 
 1. I have for years last past known and been well 624. 
 
 acquainted with L. M., of {Residence and addition), the ataesTof plo- 
 person proposed to be appointed in this cause the receiver ^"^"^ receiver 
 of the rents and profits of the real estate, and to get in 
 
 the outstanding personal estate, of the testator A. B. [or as 
 may he\. 
 
 2. The said L. M. is {State the trade, business, or pro- 
 fession, if any, of the proposed receiver ; and luhere carried 
 on, and for how long, to the deponent's knowledge.) 
 
 3. The said L. M. is a person of respectability and in- 
 tegrity, and of good credit ; and in my judgment he is a 
 fit and proper person to be appointed receiver of the said 
 rents and profits, and outstanding estate \or as may be.] 
 
 A. B., of , C. D., of , and E. F., of , 625. 
 
 Receiver's 
 recognizance. 
 
 before oui- Sovereign Lady the Queen in her Court of ^""=^'™'^^ 
 
 Chancery for Ontario, personally appearing, do acknow- 
 ledge themselvKs, and each of them doth acknowledge 
 
 himself to owe to , Esq., Master of the said Court at 
 
 , {a) the sum of of lawful money of Canada, to 
 
 be paid to the said , his executors, administrators and 
 
 assigns, and unless they do pay the same, they, the said 
 A. B., C. D., and E. F. are willing, and do grant, and each 
 of them is willing, and doth grant for himself, his heirs, 
 
 executors and administrators, that the said sum of 
 
 shall be levied, recovered, and received of and from them, 
 and each of them, wheresoever the same shall or may be 
 found. 
 
 Witness, the Honourable P. M. M. S. V., Chancellor of 
 
 our said Court at Toronto, the day of , in the 
 
 year of Her Majesty's reign, and in the year of our 
 
 Lord 18—. 
 
 Whereas by an order of the Court of Chancery for 
 Ontario, made in a cause wherein are plaintiffs and 
 
 (a) See Ord. 279. 
 
388 POEMS AND PBECEDENTS OF 
 
 ■ defendants, and bearing date the day of - 
 
 It was ordered that it should be referred to the Master of 
 
 this Court at to appoint a proper person to receive, 
 
 (Or, upon the above bounden A. B. first giving security to 
 the satisfaction of the said Master, he should be appointed 
 receiver of) [the rents and profits of the real estate, and to 
 
 collect and get in the outstanding personal estate of- ] 
 
 in the said order named. And whereas the said Master 
 hath appointed and approved of the above bounden A. B. 
 and C D. and E. F., as sureties for the said A. B., and 
 hath also approved of the above written recognizance with 
 the under-written condition as a proper security to be 
 entered into by the said A. B. and C. D. and E. F., pursu- 
 ant to the said order and the General Orders of the said 
 Court in that behalf, and in testimony of such approba- 
 tion, hath signed an allowance in the margin hereof. 
 
 Now THE CONDITION of the above written recognizance 
 is such, that if the said A. B. do and shall duly account 
 for all and every the sum and sums of money which he 
 shall so receive on account of the [rents and profits of the 
 real estates, and in respect of the personal estate of the 
 said X. Y.], and do and shall duly pay the balances which 
 shall from time to time be certified to be due from him at 
 such periods as may be directed, then the above recogni- 
 zance shall be void and of none effect, otherwise the same 
 is to be and remain in fuU force and virtue. 
 
 Taken and acknowledged at , in the city of , 
 
 this day of , before me. 
 
 (Signature of the Master.) A. B. [L. S.] 
 
 C. D. [L. S.] 
 E. F. [L. S.] 
 
 626. In Chancery. 
 ^eto!^to (Title of the cause as in No. 300.) 
 
 their solvency. ^e, C. D., of (Residence and addition), andE. F., of, &c., 
 the proposed sureties for L. M., of (Residence and addition), 
 the person proposed to be appointed receiver in this cause, 
 severally make oath and say as follows : 
 
 1. First, I the said C. D., for myself say, that I am a 
 resident inhabitant of the Province of Ontario, and am a 
 freeholder (Or, householder) well and truly worth the sum 
 
 of $ (Insert the amount Jor which he is to be bound), 
 
 after payment of all my just debts and liabilities. 
 
 2. And I the said E. F., for myself say, that 1 am (^e. ; 
 as above, to the end.) 
 
 Sworn (^c. : see ante, No. 303.) 
 
IJSTTEKLOCUTORY PROCEEDINGS — RECEIVERS. 389 
 
 In Chancery. 
 
 {Shortened style of cause) 627. 
 
 I hereby appoint A, B., of , Esquire {or as may ^PPf^er'Tnde?' 
 
 be), receiver in this cause (If without compensation, add : order 282. 
 but no compensation is to be allowed to him for his 
 services as such receiver.) 
 
 Dated at , this , day of . 
 
 (Signature of Judge or Master.) 
 
 In Chancery. 
 
 (Shortened style of cause.) Q2,q. 
 
 I, L. M., of (Residence and addition), the receiver ap- Notice to 
 pointed in this cause of the rents and profits of the real to receiver, 
 estate of A. B., the testator in the bill in this cause named 
 [or as may 6e], hereby give you notice and require you to 
 attorn and become tenant to me for (Describe the property ; 
 as thus : the messuage or tenement, garden and outbuild- 
 ings, with the appurtenances, situate at A, in the county 
 of B.), now occupied by you, and for such other part or 
 parts of the said real estate as is or are in your occupa- 
 tion ; and to pay to me your rent in arrear, and growing 
 
 rent, for the said premises. Dated this day of , 
 
 18—. 
 
 L. M. 
 
 To W. P., of (Residence and addition!) 
 
 In Chancery. 
 
 (Shortened style of cause.) 
 I, W. P., of (Residence a'n.Jac?c?^Y^ow), attorn and become ^^^^^^^j 
 tenant to L. M., the receiver appointed in this cause, for tiiereon. 
 (Describe the property : see ante. No. 628), as the same are 
 now in my occupation : to hold the same at and under 
 the same rent, and subject to the same covenants and 
 conditions as I now hold the same. And I have this day 
 paid to the said L. M. the sum of (twenty cents) for and 
 on account, and in part payment of the said rent. Dated 
 
 this day of , 18 — . 
 
 Witness : W. P. 
 
 V. N , of (Residence and addition.) 
 
 (Formal parts : see ante. No. 384.) 
 on the part of the plaintiff [or as may he], that W. P., of ^^^^ 630. 
 (Residence and addition), may be ordered, within seven motto°for 
 days after service, to attorn and become tenant to L. M., ^°a"?*y'°„tt "' 
 
390 FORMS AND PRECEDENTS OF 
 
 the receiver appointed in this cause, for, or in respect of, 
 the {Describe the property; see ante, -A^'o. 628), now occu- 
 pied by the said W. P. ; and pay his rent in arrear, and 
 growing rent for the same, to the said L. M. And take 
 notice that upon and in support (^c, as in No. 382.) 
 
 631 
 
 J:S1„r tinue thus 
 
 Proceed as in No. 630, ante, to the said W. P. ; and con- 
 mXn"£or ^^'w'W'e thus : And that an annual value, by way of rent, 
 tenant to attom, jjjg^y t^q get upon the Said premises during the time the 
 
 and tor oocupa- .J -n i i • iiT • j.- 
 
 tionrenttobe said W. P. has been m the possession or occupation 
 P"""*' thereof; and that the said W. P. may be charged there- 
 
 with. And take notice {^c, as in No. 382.) 
 
 Section II. — Powers, Duties, and Liabilities of 
 Receivers. 
 
 632. (Formal parts : see ante. No. 384.) 
 
 te let™ Tor* re° <^^ ^^^ part of the plaintiff [or as may be], that L. M.,the 
 ceiver to dia- receiver appointed in this cause, may be at liberty to dis- 
 train upon the goods and chattels of E. F., of {Residence 
 
 and addition), for the sum of $ , being arrears of rent 
 
 due from him on the , 18 — , in respect of the {De- 
 scribe the property : see ante, No. 628) — If so : and that the 
 said distress may be made in the name of the defendant 
 C. D. ; and that he may be indemnified in respect thereof 
 out of the estate of the testator A. B. [or as m/iy be]. 
 And take notice {&c., as in No. 382.) 
 
 633. 
 
 oaa. {Fortnal parts : see ante. No. 384.) 
 tofSve' Cre™ "'^ *^® P'^'"*^ °^ ^^^ plaintiff [or as may be], that L. M., the 
 ceiver to bring receiver appointed in this cause, may be at liberty to bring 
 arrears' of rent, and prosecutc an action in [one of Her Majesty's Superior 
 Courts of Law at Toronto] , in the name of the de- 
 fendant W. J., as executor of the will of G. S., the testator 
 
 in this cause, to obtain payment of $ , due for rent 
 
 from the said W. J. to the said testator's estate ; and that 
 the defendant W. J. may be indemnified therein out of the 
 said estate. And take notice (cfec, as in No. 382.) 
 
INTERLOCUTORY PROCEEDINGS— RECEIVERS. 391 
 
 {Formal ^larts : see ante,Xo.&84:.) 
 on the part of the plaintiif, that the defendant E. A. may 634. 
 
 be ordered, on or before the , 18— or within four So°n te'p"y-" 
 
 davs after service, to pay to L. M., the receiver appointed ™™* '° '■*°"™'' 
 
 • ' 1 ■ n * • 11 • 1 1 /. 1 of monies re- 
 
 in this cause, ail monies received by the said defendant oeived by de- 
 
 sinee tlie appointment of such receiver : tlie amount to be 
 
 veriiied by affidavit And take notice (c&c, as in No. 
 
 3S2.) 
 
 {Formal parts : see ante, Xo. 384.) 
 on the part of the plaintiff, that L. M., the receiver ap- . 635. 
 pointed in this cause, may be at liberty to cut and fell the tor leave tor 
 
 trees specified in the affidavit of C. D., filed the , 18— S's7u ^rer. 
 
 and the exhibit marked A. thereto ; and to sell the same 
 by pubUc auction, according to the usual particulars and 
 conditions of sale in hke eases ; and that the said receiver 
 may receive the purchase moneys for the said trees, and 
 bring the amount thereof into his account as such re- 
 ceiver. And take notice (<fcc., as in No. 882.) 
 
 in a receivership. 
 
 See the following Forms, post : which can be readily 636. 
 adapted to a receivership : — motion relating 
 
 Action : For leave to brine;, 727 ; or defend, 728-9 ; or *<>*« manage- 
 
 ment 01 pro- 
 compromise, 7«>2. perty comprised 
 
 Business : hor leave to carry on, 7o0. 
 Claim : For leave to compromise, 732. 
 Debts: For leave to paj-, 731. 
 Lease : For leave to obtain renewal of, 734. 
 To approve agreement to grant, 735. 
 Repairs, or Drainage work^ : For leave to execute, 733. 
 Suit : For leave to institute, 727 ; or defend, 728-9 ; or 
 compromise, 732. 
 
 Section III. — Receivers' Accounts. 
 
 In Chancery. 
 
 {Style of cause as in No. 300.) 
 
 I, L. M., of {Residence and addition), the receiver ap- j^^^f^ly 
 pointed in this cause, make oath and say as follows : [^"^^^000^^" 
 
 1. The account contained from page to page , ° 
 
 both inclusive, in each of the two several papers marked 
 with the several letters A. and B., produced and shown 
 to me at the time of swearing this my aflidavit, and pur- 
 
392 FOBMS AND PRECEDENTS OF 
 
 porting to be my account of the rents and profits of the 
 real estate, and of the outstanding personal estate of A. 
 
 B., the testator [Or, intestate] in this cause, from the 
 
 day of , 18— to the day of , 18—, both in- 
 clusive, doth contain a true account of all and every sum 
 and sums of money received by me, or by any other person 
 or persons by my order, or, to my knowledge or belief, 
 for my use, on account or in respect of the said rents and 
 
 profits accrued due, on or before the day of , 
 
 18 — , or on account or in respect of the said personal 
 estate : other than and except what is included as received 
 in my former account [Or, accounts] sworn to by me. 
 
 2. The several sums of money mentioned in the said ac- 
 count hereby verified to have been paid and allowed, 
 have been actually and truly so paid and allowed for the 
 several purposes in the said account mentioned, 
 
 3. The said account is just and true in all and every 
 the items and particulars therein contained, according to- 
 the best of my knowledge and belief 
 
 Sworn, &c. 
 
 638. 
 
 Account of 
 receiver ; 
 referred to in 
 No. 637. 
 
 In Chancery. 
 
 (Short style of cause.) 
 The first [or as may be'] account of L. M., the receiver 
 appointed in this cause by [Or, pursuant to] an order 
 
 made in this cause, dated the ^ day of , 18 — , to- 
 
 receive the rents and profits of the real estate, and to 
 collect and get in the outstanding personal estate of 
 A. B., the testator [Or, intestate] in this cause named : 
 
 from the day of , 18 — , to the day of , 
 
 18—. 
 
 Real Estate.— Eeceipts. 
 
 a . 
 
 Tenants' names. 
 
 John Jones . . . 
 Thomas Jones. . 
 
 Description of 
 premises. 
 
 HomeFarm.intheCounty 
 of Oxford 
 
 House at Village of Nor 
 ton 
 
 3g 
 
 $ c. 
 
 S c. 
 
 <i2* 
 
 $ c. 
 
 
 S c. 
 
 'IS 
 
 S c. 
 
 m o 
 
INTERLOCUTORY PROCEEDINGS — RECEIVERS. 
 Paymknts and Allowances on Account of Real Estate. 
 
 393-- 
 
 Date of 
 payment or 
 allow-auce. 
 
 Names of persons 
 
 to whom paid 
 
 or allowed. 
 
 Sun Fire Office... 
 Thomas Carpenter . . 
 James Francis . . . 
 
 For what purposes paid 
 or allowed. 
 
 One year*s insurance of 
 , due . . 
 
 Bill for repairs at house 
 let to Thomas Jones . . . 
 
 Allowance for a half- 
 year's taxes, due — 
 
 Total payments 
 
 Observations. 
 
 Receipts on Account of Personal 
 Estate. 
 
 Payments and Ailowaxces on Account of 
 Pbrsokai Estate. 
 
 Z 
 
 
 Kames of 
 
 persons from 
 
 whom 
 
 received. 
 
 On what 
 accoimt 
 received. 
 
 11 
 
 B 
 S 
 
 'i 
 
 
 Names of 
 persons to 
 whom paid 
 or allowed. 
 
 For what 
 
 purpose paid 
 
 or allowed. 
 
 !i 
 
 
 
 
 
 s ^. 
 
 
 
 
 
 ? 0. 
 
 Amount of balance due from receiver on account of real estate on last account 
 Amount of receipts on the above account of real estate 
 
 Balance of last account paid into Court 
 
 Amount of payments and allowances on the above account of real estate.. 
 Amount of receiver's costs of passing this account as to real estate 
 
 Balance due from the receiver on account of real estate %? 
 
 Amount of balance due from receiver on last account of personal estate 
 Amount of receipts on the above account of personal estate 
 
 Balance of last account paid into Court 
 
 Amount of paymentd and allowances on the above account of personal estate 
 Amount of receiver's costs of passing this account as to personal estate — 
 
 Balance due from the receiver on account of personal estate. 
 
 {Foi-mal paHs : see ante, No. 384.) 
 on the part of the plaintiff [or as may he\ that L. M., the ^^^.^^^^^^.^^^ 
 receiver appointed in this cause, maybe ordered, on or to compel 
 
 before the day of , 18— or within four days SancTinto'^' 
 
 after service, to pay into Court, to the credit of this Court. 
 
394 
 
 FORMS AND PEECEDENTS OF 
 
 cause [or as may be], the sum of $ , by the Mas- 
 ter's report, dated the day of , 18 — , certified 
 
 to be due from him' on passing his account therein men- 
 tioned ; and that the said L. M. may be ordered to pay 
 the costs of this application. And take notice {^c, as 
 in No. 382.) 
 
 ^40. 
 
 'Notice of motion 
 for leave to put 
 recog^nizance 
 ill suit. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff [or as may be], that he may 
 be at liberty [Or, that the defendant C. D., the executor 
 of the will of A. B., the testator in this cause — or as may 
 he — may be ordered] to put in suit the recognizance, 
 
 dated the day of , 18 — , entered into by L. M., 
 
 the (late) receiver in this cause, together with C. D. and 
 E. F., his sureties. And take notice {^c, as in No. 382.) 
 
 641. 
 
 Petition to 
 
 receiver, 
 and vacate 
 recognizance. 
 
 Section IV. — Discharge of Receiver. 
 
 (Title — and address : see ante, No. 387.) 
 
 The humble petition of the plaintiff [or as may be], 
 Showeth as follows : 
 
 1. Recite decree or order appointing receiver, subject to 
 his giving security, and the Master's report of such secu- 
 rity having been given — Or, the decree or order directing 
 a proper person to be appointed receiver, and the subse- 
 quent order appointing such person. 
 
 2. State to what time the receiver has passed his accounts, 
 and accounted for his balances ; as thus : Pursuant to the 
 said decree; (fee, the said L. M. has passed his accounts as 
 
 such receiver to the day of , 18 — ; and has 
 
 paid, in the manner thereby directed, the balances from 
 time to time certified to be due from him op his said 
 accounts. 
 
 3. State why a receiver has ceased to be necessary ; as 
 
 thus : By an order dated the day of , 18 — , C. 
 
 D. and E. F. have been appointed trustees of the real es- 
 tate of the testator G. H., and such estate has been con- 
 veyed to and vested in them, upon the trusts of his will. 
 By reason thereof, it is expedient that the appointment of 
 «, receiver of the said estate should be discontinued. 
 
 4. That on the day of , the said L. M. brought 
 
 in and passed before the Master (at ) his final account, 
 
 and he has paid into Court to the credit of this cause the 
 
INTERLOCUTORY PROCEEDINGS — RECEIVERS. 395 
 
 balance found by the said Master to be in his hands upon 
 
 the footing of the said final account. 
 
 Your petitioner therefore humbly prays, that 
 the said L. M. may bs discharged from being re- 
 ceiver as aforesaid ; [and that he may be ordered 
 to pass his final account as such receiver, and 
 pay the balance certified to be due from him 
 thereon into Court, to the credit of this cause, 
 or as may be ;] (a) and that [thereupon] the recog- 
 nizance, dated the , 18 — , entered into by 
 
 the said L. M., together with C. D. and E. F. as 
 his sureties, may be vacated. — Add. if desired, 
 a clause as to the costs ; as thus : And that the 
 costs of all proper parties of this application, and 
 consequent thereon, may be taxed as between 
 solicitor and client ; [and that the said L. M. may 
 be directed to paj' such costs ; and be allowed 
 the same on passing his said account.] A.nd 
 that the same be ordered to be paid out of the 
 Court to the credit of this cause. Or that {Gon- 
 tinue as in Ifo. 387, ante, to the end.) 
 
 (Formal parts: see ante, No. 384.) 
 on the part of the plaintiif [oi* as may he\, that L. M., the jjotiof Amotion 
 receiver appointed in this cause, may be discharged ; and to discharge 
 that he may be ordered {Continue as in prayer of No. 64] , 
 ante, to said account.) And take notice (<fcc., (xs in No. 382.) 
 
 {Formal parts : see ante, No. 384.) 
 on the [>art of the plaintiff" \or as may he\ that the recogni- . 643. 
 
 zance dated the day of , 18 — , entered into by tion to vacate 
 
 L. M., the receiver in this cause, together with C. D. and reco'^zance. 
 E. F. as his sureties, may be vacated. And take notice {&c., 
 as in No. 382.) 
 
 Section V. — Liabilities and Rights of Sureties. 
 
 {Formal parts : see ante. No. 384.) 
 on the part of the plaintiff' \or as may be], thatL. M., the 644. 
 
 ^ . -, • ,t . 11 jj. • Notice of motion 
 
 receiver appointed in this cause, may be ordered to give a for receiver to 
 new security duly to account for what he shall receive as g™rity m 
 such receiver: C. D., one of his sureties hereinafter named, ^^f *|; .°^,''™''" 
 having died [Or, having been adjudged bankrupt] ; and surety. 
 
 (a) U paragraph 4 be omitted in the petition, the words between f ] may be inserted. 
 
396 
 
 FOEMS AND PEECEDENTS OF 
 
 that such security may be approved by the Judge. And 
 that the said L. M. may be ordered to pass his accounts up 
 to the date of such new security ; and pay the balance 
 certified to be due from him thereon into Court, to the 
 credit of this cause [or as may be]. And that upon such 
 new security being given, and payment in manner afore- 
 said of the said balance, the recognizance dated the , 
 
 18 — , entered into by the said L. M., together with the- 
 said C. D. and E. F. as his securities, may be vacated. And 
 take notice (<fcc., as in No. 382.) 
 
 645. {Formal parts : see ante, No. SSi.) 
 
 by 8Se?y."°°""° ^u the part of C. D., one of the sureties in this cause for 
 tendX 'p^Jsing ^- ^•' *^® receiver appointed therein, that the said C. D. 
 o£ receiver's may be at liberty to attend, at his own expense, the pass- 
 accoun . ^^^ ^£ ^-^^ accounts of the said L. M. as such receiver [or 
 
 as may le\. And take notice {&c., as in No. 383.) 
 
 646. 
 
 PrBecipe for 
 direction to 
 bank to receive 
 money referred 
 to in Order 363, 
 being Schedule 
 O. mentioned in 
 that order. 
 
 PAYMENT OF MONET, AND TEANSFEE OF STOCK INTO 
 COURT. 
 
 In Chancery. 
 
 (Short style of cause.) 
 Kequired, a direction to the bank to receive from 
 
 under 
 
 Dated, &c. 
 
 payable into Court to the credit of this cause, 
 dated (or a>s the case he). 
 
 A. B., Defendant's Solicitor, 
 
 (Or as the case may be). 
 
 647. 
 
 Affidavit of haV' 
 ing cast up 
 Schedules to 
 answer, and of 
 balance due 
 thereon. 
 
 (Formal parts : see ante. No. 300.) 
 
 1. I have cast up the several items set forth in the first 
 and second Schedules [or as may be] to the answer of the 
 
 defendant A. B. filed in this cause on the day of 
 
 , 18 — ■. 
 
 2. The items in the said first Schedule [or as may be] 
 amount to the sum of $1,000, and no more; and the items 
 m the said second Schedule [or as may be] amount to the 
 sum of $600, and no more. 
 
 3. The said sum of $600 being deducted from the said 
 sum of $1,000, there remains a balance or sum of $400 : 
 which sum of $400' appears by the said answer and 
 Schedules to be due from the said defendant A. B. to the 
 estate of C. D., the testator in the plaintiff's bill named 
 [or as may be.] 
 
INTEELOCUTOBY PROCEEDINGS — PAYMENT INTO COURT. 397 
 
 {Formal parts : see ante. No. 300.) 
 
 1. I have cast up the several items set forth in the ac- 648. 
 count marked A., left [in Chambers] by the defendant ^?^r^Lp 
 A. B., and verified by his affidavit tiled in this cause on *?,f "?"?'' ™'* 
 
 , , „ "^ of the balance 
 
 the day OI , 18 . due thereon. 
 
 2. The items on the receipt side of the said account 
 amount to the sum of $1,000, and no more ; and the items 
 on the payment side of the said account amount to the 
 sum of $6,000, and no more. 
 
 3. The said sum of S600 being deducted from the said 
 sum of §100, there remains a balance or sum of $400 : 
 which sum of SiOO appears by the said affidavit and ac- 
 count to be due from the said defendant A. B. to the estate 
 of C. D., the testator in the plaintifl's bill named [or as 
 may 6e.] 
 
 {Formal parts : see ante, No. 300.) 
 
 1, {Describe the cash ; according to the order directing the 649. 
 
 faymentin; as thus ; interest accrued on the $ , in ^olf^'ot'oash 
 
 the order made in this cause [Or, matter] dated the c" urt^^'ursuant 
 
 day of , 18 — , mentioned, previous to the transfer to order. 
 
 thereof thereby directed), and which pursuant to the said 
 order is to be paid into Court to the credit of this cause 
 [or as may he\, amounts to the sum of .? , and no more. 
 
 PAYMENT OF MONEY, AND TRANSFER OF STOCK OUT OF 
 
 COURT. 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 Required a cheque for 8 [with $ interest there- 650. 
 
 on from to (being the period, if any, for which in- chfqu'f referred 
 
 ter est is payable under the order, but which has not been ^J^^^^^^^^^^^' 
 already taken into account and computed) ], payable to o referred to m 
 
 ; and the following papers are produced herewith 
 
 (naming the decrees, reports, dv., shotving the party's right 
 to the cheque ; thus : 
 
 Decree dated . 
 
 Report dated , <fec.) 
 
 Dated, &c. 
 
 A. B., Plaintiff's Solicitor, 
 
 {Or as the case mat/ be.) 
 
898 FORMS AND PRECEDENTS OF 
 
 651. [Formal parts : see ante, No. 300.) 
 
 a™uiIt*of' 1- The residue of the {Describe what : according to the 
 
 residue of a decrcB or Order ; as thus : sum of $ , Domiuion Stock, 
 
 dealt "with by in the decree [Or, order] dated the day of , 
 
 AccSHr*"" 18—, mentioned, after the sale of so much thereof as, with 
 General. (.jjg gj^gjj jjj (-jjg bank On the credit of this cause, was 
 
 sufficient to raise the sum of % ), amounts to the sum 
 
 of % , and no more. 
 
 652. {Formal parts : see ante, No. 384.) 
 
 motion tor on the part of C. D., of (Residence and addition), that the 
 
 Smbrance" ^^^^ °^ ^ ' principal money due to him on the security 
 
 out of a fund in of a mortgage dated the of , 18 — , from A. B., 
 
 together with interest thereon at the rate of $ per 
 
 cent, per annum from the of , 18 — , and the 
 
 costs of the said C. D. of this application, may be raised 
 
 and paid to the said C. D. out of the $ , Dominion 
 
 Stock, and $ — — , cash, remaining to the credit of this 
 csiuse {if to a special account, add) " The account of A. B., 
 and his incumbrancers," {or as may be.) 
 
 653. {Title — and address : see ante, No. 387.) 
 
 band and'wSe!" The humble petition of A, B., of {Residence and ud- 
 
 he7o7fund"° dition), and C, his wife, 
 
 standing to her Showcth aS foUoWS : 
 
 where fun™'in° 1. Show how thc account has heen raiscd ; as thus : Pur- 
 
 leMorannnfi suaut to an Order dated the day of , 18—, the 
 
 payments exceed gums of $ , Dominion Stock, and % , cash, were 
 
 carried over in this cause [Or, matter] to " The account oi 
 C. D., an infant," and such cash was afterwards invested 
 
 in the purchase of $ like stock ; and the interest 
 
 which has since accrued on the said sums of stock has 
 been from time to time laid out in like stock. 
 
 2. Show the present state of the fund ; as thus : The 
 said stock, cash,, and interest are now represented by the 
 
 sums of $ , Dominion Stock, and $ , cash, standing 
 
 to the credit of this cause [Or, matter]. " The account 
 of C. D., an infant," [or as may 6e.] 
 
 8. Show the identity, marriage, and majority of the 
 wife; as thus .• Your petitioner C. .B. is the same person as 
 
 C. D., in the said order named. On the of ■ , 18 
 
 your petitioner C. B. attained her age of twenty-one years ; 
 and on the of , 18 — , your petitioners inter- 
 married. 
 
INTERLOCUTORY PROCEEDINGS — PAYJIKNT OUT OF COURT. 39ft 
 
 4. State whether there is or not a settlement; as thus: No 
 settlement or agreement for a settlement whatsoever was 
 made before or upon, or has been made since, the mar- 
 riage aforesaid of your petitioners. — Or, if there was a 
 settlement or agreement, aM, if so: other than a certain 
 
 settlement [Or, agreement] dated the of , IS ; 
 
 but which does not affect the said stock and cash, or any 
 portion thereof. 
 
 5. That your petitioner A. B. is willing and consents 
 that the said moneys should be paid out to his wife and 
 co-petitioner C. B. (a) 
 
 6. That your petitioner C. B. does not desire that the 
 said fund should be settled. 
 
 Your petitioners therefore humbly pray as follows : 
 
 1. That the said ^ , stock, may be sold. 
 
 2. That their costs of this application may be 
 taxed, as between sohcitor and client. 
 
 3. That out of the proceeds of such sale, and 
 
 the said S , cash, and any interest to accrue 
 
 on the said stock, the said costs to their solicitor 
 be paid. 
 
 4. That the residue of the said proceeds, cash, 
 and interest may be paid to your petitioner C. 
 B. Or that (Conclude as in No. 387, ante). 
 
 (Formal parts : see ante, Wo. 384.) 
 on the part of A. B., of (Residence and addition), and C, 654. 
 
 his wife, late, and in the order dated the of , ^ylZ^l^tni 
 
 18—, described as C. D., an infant : m1ut'to7e?rf 
 
 1. That the 8 , Dominion Stock, standing in the '^d standing to 
 
 name of the Accountant to the credit of this cause [Or, aocoimtT' ** 
 matter], " The account of C. D., an infant " [or as may be], 
 
 may be sold. 
 
 2. That the costs of this appKcation, as between solicitor 
 and client, may be taxed : or ascertained at Chambers. 
 
 3. That out of the proceeds of such sale, and the $ , 
 
 cash, in the bank on the like credit, and any interest to 
 accrue on the said stock, the said costs to the applicants' 
 solicitor be paid. 
 
 4. That the residue of such proceeds, cash, and interest 
 may be paid to the applicant C. B. And take notice (etc., 
 as in ^"o. 382.) 
 
 (a) If tbe wife desire the fund to be paid to her husband, the petition may be altered 
 accordingly. 
 
400 FORMS AND PRECEDENTS OF 
 
 655. In Chancery. 
 ^fofpeTitS' {Style of cause as in No. 300.) 
 
 to payment to T^^e, E. F., of (Residence and addition), and A. B., of 
 Lrdlng™ (Residence and addition), and C, his -wife, severally make 
 
 wife's separate ^ , , i j» n 
 
 account where oath and saj as loilows : 
 ^M OT *r"^' And first, I, the said E. F., for myself say : 
 annual payments I I am the solicitor for the said deponents A. B., and 
 C. his wife, in the matter of the application made by them 
 
 by petition presented [Or, by motion] on the of , 
 
 18 — , in this cause [Or, matter] ; and I am well acquainted 
 with the said A. B., and C. his wife [or as may be.] 
 
 2. The said 0. B. is the same person as " C. D., an in- 
 fant," in the order in the cause [Or, matter] dated the 
 
 of , 18 — , named ; and the said C. B. is also the same 
 
 person as "C, daughter of H. and L. D." [or as may be.] 
 
 And we the said A. B. and C, his wife, for ourselves say : 
 
 3. On the of , 18 — , we intermarried at 
 
 church at W., in the County of Y., and we are the same 
 persons A. B. and C. J)., respectively named in the paper 
 writing now produced and shgwn to us, and marked B., 
 and purporting to be a certified copy of an entry in the 
 
 register book of marriages kept for the said church of 
 
 ^t W., for the year 18 — [or as may be.] 
 
 4. No settlement or agreement for a settlement whatso- 
 ever was made before or upon, or has been made since our 
 said marriage — If so : other than and except the settlement 
 [Or, agreement for a settlement] now produced and shown 
 to us, and marked D., and dated the of , 18 — . 
 
 5. And I, the said A. B., for myself, say that I am willing 
 that the moneys standing in Court to the credit of this 
 cause, to which my said wife is entitled, shall be paid out 
 to her (a). If there is no settlement, add : 
 
 6. And I, the said C. B., say that the said E. F. has ex- 
 plained to me, and I am aware that I am entitled to have 
 the said moneys settled upon me and my children, and I 
 do not desire that the said money should be so settled. 
 
 7. And I, the said E. F., for myself, say that I have ex- 
 plained to the said C. B., previously to her swearing to this 
 afiidavit, that she is entitled to have the said fund now in 
 Court in this cause to which she is entitled vested in 
 trustees upon the following trusts, viz. : {State the trusts, 
 as post, No. Q59,par. 3, and continue :) And I do verily be- 
 lieve the said C. B. fully understood the said explanation 
 and her rights in the premises. 
 
 (o) If the wife desire the fund to be paid to her husband, the affidavit can be altered 
 accordingly. 
 
lINTKKliUCUTUKY fKOUKEUlJNGS — PAYMENT OUT OF COXJET. 401 
 
 0/', if there is a settlement, or agreement for a settlement, 
 add: 
 
 And I, the said E. F., for myself, further say : 
 
 S. I have carefully perused the said settlement [Or 
 
 agreement for a settlement] dated the of , 18 — , 
 
 and which is also now produced and shown to me, and 
 marked D. ; and, according to the best of my judgment, 
 the (Describe the funds proposed to be dealt with) are not, 
 nor is, nor are, any part or parts thereof subject to the 
 trusts of the said settlement \_0r, agreement for a settle- 
 ment], or in any manner comprised therein, or affected 
 
 thereby. 
 
 (Sworn, (fee., as in No. 303.) 
 
 656. 
 
 Notice of motion 
 
 (Formal parts : see ante, JVo. 384.) 
 on the part of A. B., of {Residence and addition), andC 
 
 his wife, late, and in the order dated the day of , totake a'iMjried 
 
 18 — , called C. D., an infant [or as may be] : that the said S™Vt?the 
 
 C. B. may attend before the Master at , and be ex- fin^a ■^'court^' 
 
 amined, apart from her said husband, touching the manner 
 in which she is willing and desirous that the [Describe the 
 fu nds to be dealt tvith) shall be transferred, paid, applied 
 or disposed of, with the usual directions. And take no- 
 tice (^c, as in M. 382.) 
 
 657. 
 
 Examination of 
 
 In Chancery. 
 
 {Title, as in order directing the examination.) 
 The examination of C. B., the wife of A. B., in the ^^^^^^^ 
 
 order made in this cause [Or, matter] dated the a married 
 
 day of , 18 — {Order directing the examination), m^t^!"^ 
 
 respectively named : taken pursuant to the said order. 
 I, the said C. B., the wife of the said A. B., having been 
 this day examined, secretly and apart from my husband, 
 by E. F., in the said order named, as to whom and in what 
 manner, and for what purpose, I am willing and desirous 
 that the {Describe the funds : as in the order directing the 
 examination), in the said order mentioned, shall be trans- 
 ferred, paid, applied or disposed of, for answer thereto say : 
 that I am willing and desirous that the said sums of 
 {State what) shall be {State the result of the examination ; 
 as thus : transferred and paid to my husband the said A. 
 -B.—Or, settled for the benefit of myself and my children, 
 in such manner as the Court of Chancery, or any Judge 
 thereof, may please to direct.) If to be transferred and 
 paid to husband, add : And I hereby freely and volun- 
 26 
 
402 
 
 FORMS AND PRECEDENTS OF 
 
 658. 
 
 Certificate of 
 examination 
 to be appended 
 to foregoing 
 Form, No. 667. ■ 
 
 tarily consent to the, said sums being transferred and paid 
 
 to him accordingly. As witness my hand, this day 
 
 of , 18—. 
 
 C. B. 
 
 Witness to the signature of 
 the said C. B. 
 
 X. Y. 
 
 To the Honourable the Judges of the Court of Chancery: 
 I, the undersigned E. F., named in the order dated the 
 
 day of , 18 — , above-mentioned : humbly certify 
 
 that, pursuant to the said order, I have this day examined 
 the above-named C. B., the wife of the above-named A. 
 B., secretly and apart from her said husband, as to whom, 
 in what manner, and for what purpose, she is willing and 
 desirous that the sums of {Describe them), in the said order 
 mentioned, shall be transferred, paid, applied or disposed 
 of. And I have taken such examination in writing, as 
 above set forth. 
 
 I further certify that, at the time of such examination, 
 I read over the said order to the said C. B., and explained 
 to her the purport and effect thereof; and I was satisfied 
 that she was then aware of the nature and object of the 
 said examination — If the funds are to be transferred and 
 paid to the husband, add : and that she freely and volun- 
 tarily consented to the sums above-mentioned being trans- 
 ferred and paid to her said husband A. B. 
 
 E. F., 
 Master at . 
 
 659. (Formal parts : see ante, No. 384.) 
 
 f^J'I^settifment" on the part of C. B.. the wife of A. B., of {Residence and 
 lundtnbol^ addition), by E. F., of {Besidence and addition), her next 
 on wife and friend for this purpose : 
 
 1. That the costs of this application, as between solici- 
 tor and client, may be taxed : or ascertained at Chambers ; 
 and may be paid out of the {Describe the fund; as thus: 
 
 $ , cash, in the bank to the credit of this cause [Or, 
 
 matter] — If to special account, add : " The account of C. B., 
 the wife of A. B.") {or as may be.) 
 
 2. That the residue of the said fund may be carried 
 over to the credit of " The account of the settlement of 
 C., the wife of A. B., and her children," and be laid out 
 in Dominion Stock. 
 
INTERLOCUTORY PROCEEDINGS — PAYMENT OUT OF COURT. 403 
 
 3. That the said stock may be held upon the following 
 trusts, namely (State the trusts ; as thus :) 
 
 Upon trust for the said C. B., for her life, and, during 
 any coverture, for her separate use ; without power 
 of anticipation ; 
 
 And after her decease, upon trust for the said A. B., 
 for his life ; 
 
 And after the decease of the survivor of them, upon 
 trust for all, or anj- one or more, exclusively of the 
 other or others, of the children of the said C. B. by 
 the said A. B., or any future husband, as she shall by 
 deed or wiU appoint ; and in default of such appoint- 
 ment, and in so far as no such appointment shall ex- 
 tend, in trust for all the children, or the child, of the 
 said C. B., who being sons or a son shall attain the 
 age of twenty-one years, or, being daughters or a 
 daughter shall attain that age, or marry under that 
 age ; and, if more than one, in equal shares. 
 And in case thei-e shall be no such child who, being 
 a son, shall attain the said age, or, being a daughter, 
 shall attain the said age, ur be married, then from 
 and after the decease of the said C. B., in trust for 
 the said A. B., his executoi"s, administrators and 
 assigns. 
 
 Or, then in case the said C. B. shall die under 
 coverture, in trust for such person or persons as 
 she shall, by her last will, appoint ; and in de- 
 fault of such appointment, in trust for the next 
 of kin of the said C. B., according to the sta- 
 tutes for the distribution of the estates of intes- 
 tates ; as if she had never been married ; but in 
 case she shall survive the said A. B., then in 
 trust for the said C. B., her executors, admin- 
 istrators and assigns, 
 And that any of the said children who shall take 
 appointed shares shall bring such appointed shares 
 into hotchpot, with their brothers and sisters, tak- 
 ing in default of appointment. 
 4. That the interest from time to time to accrue, 
 during the life of the said C. B., on the said annuities 
 may be paid to the said C. B., on her separate receipt, 
 untU further order. 
 
404! FORMS AND PRECEDENTS OF 
 
 660. In Chancery, 
 
 ^brl^'d {Title of the cause or matter) 
 SSntOTtramfer ^^' ^- ^•' "^ {Residence and addition), and C. his 
 
 to wife of a wife, Severally make oath and say as follows : 
 
 ceeduig°s6oo'or 1. This deponent C. B. is the same person as C. D., in 
 
 fa^eSts""' tJie decree [Or, order] made in this cause [Or, matter] 
 
 mreoted before dated the day of , 18 — , named, and to whom 
 
 to be paid or the sums of {State what : as in the decree or order) are 
 
 heTf whlre^ thereby directed to be paid (transferred and delivered.) 
 
 aetflementor 2. Provc the marriage. 
 
 agreement 3. No Settlement or agreement for a settlement what- 
 
 wbatever. t , t • , i ^ ^ 
 
 soever was made or entered mto beiore or upon, or has 
 been made since our said marriage. 
 
 4. The said sums of $ and $ have not re- 
 spectively yet been paid (transferred and delivered), 
 pursuant to the said decree [^Or, order.] 
 
 5. Under the circumstances aforesaid we are desirous 
 to have the said sums of (State what) paid (transferred 
 and delivered) to us, pursuant to the said decree [Or, 
 order], and the Consolidated General Orders of this 
 Honourable Court in this behalf. 
 
 Sworn (c§c. .• see ante, No. 303.) 
 
 661. In Chancery. 
 there is\^eSe- {Title of the cttuse Or matter as in No. 300.) 
 
 SInt,°bKt W^' -^- ^•' of {Residence and addition), and C, his wife, 
 tod**^ ""^ ^'^^^ -^- ^■' of {Plo,ce of business), gentleman, the solicitor 
 of the said A. B., and C, his wife, severally make oath 
 and say as follows : 
 
 And first, we, the said A. B., and C, his wife, for 
 ourselves say : 
 
 1. This deponent {Proceed as in No. 660, ante, to the 
 end of par. 3 ; and continue as follows) : other than and 
 except the settlement [Or, agreement for a settlement] 
 now produced and shown to us, and marked D., and 
 dated the day of , 18 — . 
 
 4. The said sums {Continue as in par. 4 of No. 660, 
 ante, to the end of par. 5.) 
 
 And I, the said E. F,, for myself say : 
 
 5. I have carefully perused the said settlement [Or, 
 
 agreement for a settlement] dated the day of , 
 
 18—, and which is also now produced and shown to me, 
 and marked D. ; and, according to the best of my judg- 
 ment, the sums of {Describe the monies, stocks, funds, 
 shares or securities sought to be paid, transferred or de- 
 livered out ; and the cause, or matter, and account in 
 
INTERLOCtrTOET PROCEEDINGS — PAYMENT OUT OP COURT. 405 
 
 which they stand.) are not, nor is, nor are any part or 
 parts thereof, subject to the trusts of the said settlement 
 \^0r, agreement for a settlement], or in any manner com- 
 prised therein, or affected thereby. 
 
 Sworn (^c. ; see ante, No. 303.) 
 
 (Formal parts : see ante, No. 300.) 
 
 1. I was well acquainted with A. B., deceased, and he 662. 
 was the person to whom the probate of the will \_0r, paym^t, &c., 
 letters of administration of the effects] of CD., deceased, *° ^^^S™'^ 
 
 the person named in the order dated the day of , representatives 
 
 was [Or, were] granted by the Court of Probate [or as not naming 
 the case may 5e], on the day of , jointly with *^™' 
 
 E. F. and G. H. : which probate [Or, letters of adminis- 
 tration], marked X., is [Or, are] now produced and shown 
 to me. 
 
 2. The said A. B. is also the person named in the certi- 
 ficate of burial [Or, official extract from the register of 
 deaths] hereunto annexed. 
 
 {Formal parts : see ante, No. 300.) 
 • 1. I was well acquainted with A. B., deceased, the per- 663. 
 
 son named in the order dated the day of , 18—, ^"Sn^S^Sg 
 
 as one of the legal personal representatives of C. D., them. 
 deceased. 
 
 •2. The said A. B. is also the person named in the certi- 
 ficate of burial [Or, official extract from the register of 
 deaths] hereunto annexed. 
 
 (Formal pads : see ante. No. 300.) 
 
 1. I was well acquainted with A. B., deceased, the per- 664.^ 
 son named in the order dated, ^c, and late of, ^c. (Follow paymmt, <6c., 
 description in probate or administration.) %S^™$e- 
 
 2. Probate of the wiU [Or, letters of administration of sentatives, 
 
 ,T»-r-. r/^ T i.11, under an order 
 
 the effects] of the said A. B. was [Or, were] granted by for payment to 
 
 the Court of Probate [or as the case may be], on the repSeStatives. 
 
 day of , 18 — , to C. D. and E. F. : which probate [Or, 
 
 letters of administration], marked X., is [Or, are] now 
 produced and shown to me. 
 
 3. The said A. B. is also the person named in the certi- 
 ficate of burial [Or, official extract from the register of 
 deaths] hereunto annexed. 
 
406 
 
 FOEMS AND PEECEDENTS OF 
 
 665. (Formal parts : see ante, No. 384.) 
 
 fo?'^a^eror on tlie part of C. E. W., of, &c., that the costs which by 
 
 soiStor°tatead ^^ o^^^^r dated the day of , 18—, were directed 
 
 of another ' to be paid to S. D., as sohcitor for A. B., ^c, may, instead 
 thereof, be paid to the applicant C. E. W. And take 
 notice (&c., as in No. 382.) 
 
 666. 
 
 Affidavit of a 
 person being 
 alive : for the 
 Accountant. 
 
 {Formal 'parts : see ante, No. 300.) 
 
 1. A. B., in the order made in this cause [Or, matter] 
 
 dated the day of ■ , 18 — {Order under which 
 
 periodical payment is made), named [Or, The above 
 
 named A. B.], was alive on the — r- day of , 18 — : 
 
 as I know from {Btate means of knowledge ; as thus : 
 having seen him on the last mentioned day, at {State 
 where.) 
 
 2. To the best of my knowledge, information, and be- 
 lief^ the said A. B. is also now alive. 
 
 667. 
 
 Affidavit that 
 person entitled 
 to a fund in 
 Court has 
 attained full 
 
 {Formal parts : see ante, No. 800.) 
 
 1. I am the mother of the above named defendant 
 C D. [or as may he: showing means of knowledge of 
 deponent^ 
 
 2. The above named defendant C. D. was born on the 
 
 day of , 18 — , and is now of the full age of 
 
 21 years. 
 
 Contempts in Mastee's Office. 
 
 668. 
 
 Notice of motion 
 to commit for 
 contempt in 
 Master's -office. 
 
 {Form^al parts : see ante, No. 384.) 
 on behalf of the [plaintiff], for an order to commit [the 
 defendant C. U.] to gaol for his contempt in not bringing 
 
 into the office of the Master of this Court [ at ] the 
 
 accounts and statements by the said Master directed to 
 be brought into and filed in his office by the said [defen- 
 dant C. D.] on the day of . And take notice 
 
 that {S)c., as inform No. 382.) 
 
 669. 
 
 Master's certifi- 
 cate of default. 
 
 In Chancery. 
 
 {Shortened style of cause.) 
 At the request of the [plaintiff's] solicitor, T certify that 
 
 I did on the day of , [by my warrant in that 
 
 behalf], direct the defendant C. D. to {specify the act as 
 to vjhich default has been rruide , e. g.) [bring in and file 
 
INTERLOCUTORY PROCEEDINGS — CONTEMPTS, ETC. 407 
 
 in my office on the day of , the accounts in 
 
 answer to the inquiries directed by the decree made in 
 
 this cause dated the day of , duly verified by 
 
 his affidavit, and to bring in and deposit in my office at 
 the same time under oath all books of accounts, docu- 
 ments and papers relating to the estate of E. D. in the said 
 decree mentioned], but the said defendant C. D,, although 
 duly served with my said warrant [Or, notified of my said 
 direction], hath not [brought in and filed in my office any 
 accounts in answer to the inquiries directed by the said 
 decree, nor any affidavit in relation thereto, nor hath he 
 brought in and deposited in my office any books of ac- 
 count, documents or papers relating to the estate of the 
 said E. D.,] pursuant to my said [warrant, Or, direction], 
 as by my books appears (a). 
 Dated, &c. 
 
 I.O., 
 Master ~-. 
 
 In Chancery. \ 
 
 In Chambers. J , the day of , A.D. 18 — . 670. 
 
 Between {Shortened style of cause.) SitLlontempt 
 
 Upon the application of the [plaintiff], and upon hear- "''*^- ° 
 
 ing read the certificate of the Master (at ), and the 
 
 decree made in this cause, and it appearing that the 
 [defendant C. D.] has not brought into the office of the 
 said Master the accounts and statements [by the said 
 Master directed to be filed by him the said defendant 
 C. D,], although duly required so to do : It is ordered 
 that the Sheriff of any County or Union of Counties in 
 which the said [defendant C. D.] may be found, do take 
 the said C. D. into his custody, and commit [him] to the 
 gaol of his County or United Counties, to answer [his] 
 said contempt. And it is further ordered that a writ or 
 writs of attachment do issue accordingly. 
 
 {Formal farts : see ante, No. 384.) 
 on behalf of the [defendant C. D.], that he may be dis- .671. 
 charged from the custody of the Sheriff of the County fo? dlscha^e '°" 
 
 of , touching his contempt for not [leaving certain S^„™^'°ou'L?s° 
 
 accounts and statements] in the office of the Master of 
 this Court (at ), pursuant to the said Master's 
 
 (a) Where the defaulting party has not wholly neglected to comply with the direc- 
 tion, but it is claimed that what he has done is an insufficient compliance, a warrant 
 shoiild be obtained from the Master calling on the defaulting party to show cause why 
 he should not do such further act as may be deemed necessary in order efleotually to 
 comply with the Master's direction. 
 
408 
 
 FORMS AND PRECEDENTS OF 
 
 warrant, dated the day of , [upon payment (a) 
 
 or tender of the costs of contempt to the [plaintiff's] solici- 
 tor or agent], the accounts and statements having now 
 been left. And take notice (^c, as in JN'o. 382.) 
 
 672. 
 
 Affidavit in 
 support. 
 
 {Formal parts : see ante, No. 300.) 
 
 1. The several accounts and statements which, by the 
 
 warrant of the Master of this Honourable Court (at ), 
 
 dated the day of , the defendant C. D. was 
 
 ordered to bring in and file, duly verified by affidavit, in 
 the office of the said Master, were brought in and filed 
 
 in the office of the said Master on the day of , 
 
 duly verified by the affidavit of the said defendant 0. D., 
 pursuant to the said warrant. 
 
 2. The said [defendant C. D.] is now in the custody of 
 the Sheriff of the County of , under an attach- 
 ment for a contempt in not bringing in and filing the 
 said accounts and statements pursuant to the said Master's 
 warrant — as I know from (show means of knowledge). 
 
 673. 
 
 Master's certifi- 
 cate of com- 
 pliance witli 
 warrant. 
 
 In Chancery. 
 
 [Shortened style of cause.) 
 
 1 certify that the [defendant CD.] has [brought in 
 and filed in my office the several accounts and statements, 
 duly verified by affidavit, which by my warrant dated the 
 
 day of , I directed him to bring in and file in 
 
 my office in this cause. 
 
 Dated, cfcc. 
 
 Motions for Production of Pleadings at Assizes, &c. 
 
 674. {Formal parts : see ante, No. 300.) 
 
 fupport'of" i- That an action is now pending in the Court of 
 
 motion for order Queen's Bench for Ontario, between A. B. and C. D., plain- 
 Records and tiffs, and D. E. and F. G., defendants, and the said action 
 with^pieMjfngs, is coming on for trial at the next assizes to be holden at 
 
 -, in and for the County of ■ 
 ■ next. 
 
 on the 
 
 &c. at assizes in the ToWn of • 
 anottier cause. 
 
 day or - 
 
 2. That it is material and necessary for the plaintiff 
 upon the trial of the said action to be able to produce in 
 evidence certain {state nature of documents required) 
 
 (a) See ante, p. 380, notefcc). 
 
INTERLOCUTORY PROCEEDINGS — REDEMPTION. 409 
 
 which [are] now upon the files of this Honourable Court, 
 [Or, which are now deposited in this Honourable Court] 
 in the ofiice of the [Clerk of Records and Writs,] in this 
 cause. 
 
 3. [State why office copies of the documents sought to be 
 produced ivill not be sufficient evidence], (a) 
 
 Motions to Enlarge Time for Redemption. 
 
 (Formal parts : see ante. No. 384.) 
 on the part of the defendant : 
 
 1. That, upon payment by him to the plaintiff of the 675. 
 plaintiff's costs of this appUcation : to be taxed : and upon motk,n°to 
 
 payment by him to the plaintiff, on or before the day f^'^f *^ .'"°^ 
 
 of , 18 — , of the sums of S and S , by the foreclosure suit. 
 
 Master's Report, dated the , 18 — , certified to be 
 
 due to the plaintiff for interest in respect of his mortgage 
 securit}' therein mentioned, and for his costs of this suit, 
 the time for the defendant to redeem the lands and pre- 
 mises comprised in the said mortgage may be enlarged 
 for six calendar months. 
 
 2. That upon the aforesaid payments being made, sub- 
 sequent interest may be computed on the principal money 
 due to the plaintiff on his said security, and his subse- 
 quent costs of this suit be taxed {If so : and the account 
 
 of rents directed by the decree dated the day of 
 
 , IS — , be continued, and the balance dealt with in 
 
 the manner therein mentioned) ; and the amount due to 
 the plaintiff certified ; and a new time and place appoint- 
 ed for the payment thereof to him by the defendant. 
 
 3. That, in default of such payment, the defendant may 
 be foreclosed. And take notice (<fcc., as in I\"o. 382.) 
 
 (Formal parts : see ante, Ko. 300.) 
 
 1. Show what efforts have been made by applicant to 676. 
 redeem within the time limited. support. 
 
 2. Show vaJue of land, and amount of plaintiff's 
 claim. 
 
 3. Shoiv what prospect applicant has of redeeming if 
 the time for redemption be extended. 
 
 («) Chadurick v. Thompson, 2 Chy. Ch. R. 389. 
 
410 
 
 forms and precedents of 
 Motions for Appointment of New Day. 
 
 . 677. {Formal farts : see ante, No. 384.) 
 
 tion toiontinue 1. That the accounts directed to be taken by the decree 
 
 .:rP°o^t:S?Jr may be continued. 
 
 a new day to 2. That the amount dne to the plaintiff for principal, 
 
 state of account interest, and costs may be certified. 
 
 otan|ed. (a) 3. That in lieu of the time and amount mentioned in 
 
 the Master's Eeport, dated — , a new time may be appoint- 
 ed for the defendant to pay the amount which shall be so 
 certified to be due to the plaintiff. 
 
 678. 
 
 •Order to take 
 -a new account 
 &nd appoint a 
 new day where 
 decree is for 
 
 {Forvnal parts : see ante, Wos. 338-9.) 
 
 It is ordered that it be referred back to the Master of 
 
 this Court at to take a new account of the amount 
 
 due to the plaintiff [and the subsequent incumbrances] 
 and to appoint a new day for redemption [three months] 
 after the said Master shall make his report, and it is 
 ordered that upon the defendant A. B. paying to the 
 plaintiff and the said subsequent incumbrancers the amount 
 which may be found due to them, at such time and place 
 as the said Master shall appoint, that they do assign and 
 convey the mortgaged premises, and deliver up all deeds re- 
 lating thereto to the defendant A. 13., or enter up satisfac- 
 tion upon the roll of their judgments, pursuant to the 
 decree in that behalf But in default of the said defen- 
 dant A. B. making such payments as aforesaid, it is order- 
 ed that the said mortgaged premises be sold, pursuant to 
 the said decree. 
 
 679. 
 
 'Order to take 
 new account and 
 
 ISem^C this Court at 
 
 by subsequent 
 incumbrancers 
 where decree is 
 for foreclosure. 
 
 (Formal parts : see ante, Nos. 338-9.) 
 
 It is ordered that it be referred back to the Master of 
 - to take a new account of the amount 
 due to the plaintiff, and to appoint a new day for redemp- 
 tion [three months] after the said Master shall make his 
 report. 
 
 And it is ordered that upon the defendants {the subse- 
 quent incumbrancers who have proved claims) paying to 
 the said plaintiff the amount which may be found due to 
 him at such time and place as the said Master shall ap- 
 point, that he do assign and convey the mortgaged pre- 
 mises in the pleadings mentioned, and deliver up all deeds 
 
 (a) For forms of afBdavite of non-payment, 'bank certificate, and aflSdavit verifying, 
 see post, Nos. 682-6. 
 
INTERLOCUTORY PROCEEDINGS — FINAL ORDERS. 411 
 
 relating thereto, pursuant to the decree in that behalf. 
 
 But in default of the said defendants making such 
 
 paj-ment as aforesaid, It is ordered that they do stand ab- 
 solutely debarred and foreclosed of aud from all right, title 
 and equity of redemption of, in and to the said mortgaged 
 premises as by the said decree directed (a). 
 
 i no uevt' 
 ' account taken. 
 
 (Formal parts: see ante, Nos. 338-9.) 
 
 Upon the application of the plaintiff, and upon hearing 680. 
 
 read the report of the Master of this Court at , anewXy^tor'"^ 
 
 bea,ring date the day of , 18— &c., and the ST^riney 
 
 plaintiff waiving the taking of any subsequent account, "^^J^^^ 
 
 It is ordered that the said defendant do pay the 
 
 sum of , by the said report found due to the plaintiff, 
 
 into the to the joint credit of the said plaintiff and 
 
 the Accountant of this Court, between the hours of ten 
 o'clock in the forenoon and one o'clock in the afternoon 
 
 of the day of , instead of the time and place 
 
 mentioned in the said report. 
 
 And it is ordered that a copy of this order be served 
 
 upon the said defendant at least seven days before 
 
 the said day of . 
 
 Entered. 
 
 , U. C. C. 
 
 Motions for Final Orders of Foreclosure, or Sale. 
 
 In Chancery. 
 
 (Title of the cause.) 
 I, A. B., of {Residence and addition), the above named 681- 
 plaintiff [or as may 6e], hereby appoint E. F., of (Resi- ney, to attend 
 dence and addition), and G. H., of, ^c, jointly and sever- money Sifled 
 
 aUy, my attorneys and attorney, to attend on the Bepoit^where 
 
 day of , 18 — {JDay fixed for payment), at , sum ordered to 
 
 and then and there in my name, and on my behalf, to and not into" ^ 
 receive from the above named defendant C. D. [or as '^°™'' 
 
 may be], the sum of S , in the Master's Report 
 
 made in this cause, dated the day of , 18 — , 
 
 mentioned, and appearing thereby to be payable to me at 
 the time and place aforesaid. And on receipt of the said 
 sum, for me, and in my name, or in the names of my said 
 attorneys or attorney, to give, sign, seal and deliver a 
 
 (a) Where the subsequent incumbrancers have been foreclosed, the mortgagor is the 
 party to redeem, and the order must be altered accordinpl}'. 
 
412 
 
 FORMS AND PEECEDENTS OF 
 
 valid release and discharge for the same. And I hereby 
 agree to ratify and confirm whatsoever my said attorneys 
 or attorney shall lawfully do, or cause to be done, in or 
 about the premises, by virtue hereof. In witness where- 
 of I have hereunto set my hand and seal this day 
 
 of , 18—. 
 
 A. B. (Seal.) 
 Signed, sealed, and delivered ) 
 
 by the above named A. B. > 
 
 in the presence of ) 
 
 L. M., of [Residence and addition.) 
 
 682. 
 
 Bank manager's 
 certificate of 
 non-payment, 
 and affidavit * 
 proving his 
 signature. 
 
 In Chancerv. 
 
 Bank of - 
 I, 
 
 (Short style of cause.) 
 -, the day of 
 
 18- 
 manager of the said Bank at 
 
 — , do 
 
 hereby certify that no sum of money was, on the 
 
 day of , or before or since, paid into this bank to the 
 
 joint credit of 
 
 and of the [Accountant] of the 
 
 Court of Chancery, or to the credit of the said 
 alone, by , or by any one on behalf. 
 
 Witness, ) 
 
 683. 
 
 Affidavit 
 verifying banlc 
 certificate. 
 
 In Chancery. 
 
 Between (Style of cause : see ante, Wo. 300.) * 
 
 I, , of , in the county of , make 
 
 oath and say as follows : 
 
 Firstly. — That I was present and did see , of 
 
 day of 
 
 Esquire, sign the above certificate, on the 
 
 , 18 — , and that the name is of his 
 
 proper handwriting. 
 
 Secondly. — That the said 
 
 bank at aforesaid 
 
 Thirdly. — That the name 
 
 is the manager of the 
 — , thereto subscribed 
 
 as the party witnessing the same, is of my proper hand- 
 writing. 
 
 Sworn, &c. 
 
INTERLOCUTORY PROCEEDINGS — FINAL ORDERS. 413 
 
 (Formal pa rts : see ante, Xo. 300.) 
 
 1. I have not, nor hath, nor have any person or per- 684. 
 sons by my order or to the best of my knowledge, in- m^'^^^'ee'of 
 formation and belief, for my use, received tlie sum of °^™J.-P'^5'™entof 
 
 , being the amount found due to me by the [report where mortgagee 
 
 of the Master (at ) Or, the decree] in this cause, or 117(17""" 
 
 any part thereof, or any security or satisfaction for the 
 same or for any part thereof, but the whole of the said 
 
 sum of remains justly due and owing to me under 
 
 the mortgage security in question in this cause. 
 
 -. I am not now and since the date of the said mort- 
 gage never have been, nor hath, nor have any person or 
 pei"Sons by my order, or for my use, been in possession of 
 the lands and premises comprised in the said mortgage, 
 or of any part thereof, nor in receipt of the rents, issues 
 and profits of the same or of any part thereof 
 
 {Formal parts : see ante, JVo. 300.) 
 
 1. I have not, nor hath, nor have any person or per- 685. 
 sons by my order or to the best of my knowledge, in- n^^p^rat of 
 formation and belief, for my use, received the sum ofP°2l?^e?in 
 
 , being the amount found due to me by the [re- possession. 
 
 port of the Master (at ), Or, the decree] in this 
 
 cause, or any part thereof, or any security or satisfac- 
 tion for the same, or for any part thereof, but the 
 
 whole of the said sum of remains justly due and 
 
 owing to me under the mortgage security in question in 
 this cause. 
 
 2. I am in the receipt of the rents and profits of the 
 lands and premises comprised in the said mortgage ; but 
 I have not, nor hath, nor have any person or persons by 
 mj' order, or to the best of my knowledge, information 
 and belief, for my use, received any greater sum in respect 
 of the rents, issues and profits of the said mortgaged 
 premises than the amount wherewith I have been charged 
 by the said [Master in and by his said report Or, decree.] 
 
 Or, I am and have been, prior to and ever since the 
 making of the said [report Or, decree in the occupation 
 of the lands and premises comprised in the said mort- 
 gage, and the [said Master, in and by his said report, 
 
 (a) If payments have been received before the day appointed for redemption, notice 
 of credit must be served on the party ordered to redeem a reasonable time before the 
 day appointed for redemption.— See Ord. 457. If notice of credit be not served, a new 
 account will have to be talcen and a new day appointed for redemption. If payments 
 on account be made subsequent to the day appointed for redemption, such payments 
 will not affect the plaintiff's right to a final order, but the affidavit must be varied ac- 
 cordingly. 
 
414 FORMS AND PRECEDENTS OF 
 
 has charged me Or, and I have been charged by the 
 said decree] with an occupation rent for the same up 
 to the day appointed for payment. 
 
 686. {Formal 'parts : see ante, No. 300.) 
 
 ^™t?f'"'°" The above-named plaintiff is residing at , out of 
 
 S°^ITwtel *^® jurisdiction of this Honourable Court, and he has been 
 
 mortgagee is out residing there ever since 
 
 tion.l;a)"^ '"" 2. I am the duly authorized agent of the said plaintiff 
 in this Province, and by power of attorney duly executed 
 by the said plaintiff I am authorized to collect and receive 
 the moneys secured by the mortgage in question in this 
 
 cause, and the mortgage deed has been ever since 
 
 and still is in my custody and possession. 
 
 3. I have not, nor hath, nor have any person or persons 
 by my order or to the best of my knowledge, information 
 and belief, for my use, nor to the best of my knowledge, 
 information and belief hath the said plaintiff or any per- 
 son or persons, by his order or for his use, received the 
 
 sum of , being the amount found due to the said 
 
 plaintiff by the [report of the Master (at ) Or, de- 
 cree] in this cause, or any part thereof, or any security 
 or satisfaction for the same or any part thereof, but the 
 
 whole or the said sum of remains justly due and 
 
 owing to the said plaintiff under the mortgage security 
 in question in this cause. 
 
 4. I am not, and since the date of the said mortgage 
 never have been, nor hath, the said plaintiff nor to 
 the best of my knowledge, information and belief hath 
 or have any person or persons by my, or his order, or for 
 my, or his use, been in possession of the lands and pre- 
 mises comprised in the said mortgage, nor of any, part 
 thereof, nor in receipt of the rents, issues and profits of 
 the same or of any part thereof 
 
 687. (Formal parts: see ante, N'os. S38~9.) 
 
 teedosi^J"' tJpon the application of the , and upon hearing 
 
 Z^H^r^""^ ^^^^ ' It is ordered that the defendant do 
 
 stand absolutely debarred and foreclosed of and from all 
 right, title and equity of redemption of, in and to the 
 mortgaged premises in the pleadings mentioned 
 Entered, 18 — . ") 
 
 Order Book, No. p. j 
 
 (ffl) H the mortgagee be in possession, the affidavit must he varied accordinelv see 
 preceamg tonn. ® ■" 
 
INTERLOCUTORY PKOCEEDINGS— TO OPEN FORECLOSURE. 415. 
 
 (Formal parts : see ante, Nos. 338-9.) 
 
 Upon the application of the , and upon hearing 688. 
 
 read ;— It is ordered that the lands and premises in ^Cnl^"^"' 
 
 the pleadings mentioned, or a competent part thereof, be '""-edosure 
 
 n^U ■ !• i-n ^ K. ,,, against parties 
 
 som in pursuance oi and in the manner directed by the "ot proving 
 decree in this cause. M^tei'fofflce. 
 
 And it IS further ordered that the defendants 
 
 do stand absolutely debarred and foreclosed of and from 
 all right, title and interest of, in and to the mortgaged 
 premises in the pleading-s mentioned. 
 
 Motions to Open Foreclosure. 
 
 {Formal parts : see ante, Xo. 384.) 
 on behalf of the defendant, for an order vacating the_final Notiof § moti n> 
 order of foreclosure obtained by the plaintiff in this cause, to°opln° """ ""^ 
 
 dated the day of , and extending the time for *°"'='°='™- 
 
 the defendant to redeem the plaintiff until the day 
 
 of , next, upon such terms as to the Court may seem 
 
 just ; and for taking such further accounts as may be 
 necessary in the premises. And take notice in support 
 (Sc, as in Wo. 382.) 
 
 (Formal parts : see ante, lYo. 300.) 
 
 1. Explain any delay which may have arisen in Tuak- 690. 
 ing application. f'ureort!''" 
 
 2. Show what eforts ivere made to redeem before final 
 order obtained, and cause of their being fruitless. 
 
 3. Shoiv value of land and amount of plaintif's debt. 
 
 4. Show luhat prospect the applicant hxts of being able 
 to redeem in case the further time to redeem be granted. 
 
 Motions as to Title, and for Payment of Purchase 
 Money, in Specific Performance Cases. 
 
 (Formal parts : see ante, No. 382.) 
 on the part of the plaintiff, that an inquiry may be di- . 691. 
 rected whether a good title can be made to the heredita- motion for an 
 
 ments comprised in the agreement dated the day of uX.'for '" *^ 
 
 , 18 — , in the plaintiffs bill mentioned [or as may 
 
 be] ; and if a good title can be made, then a further in- 
 quiry when it was first shown that a good title could be 
 made. And take notice (^c, as in No. 382.) 
 
 (a) See DanJ. Pr. 5th Ed. p. 1112. 
 
416 
 
 FORMS AND PRECEDENTS OF 
 
 692. 
 
 statement of 
 the points in 
 dispute, for 
 Master's office. 
 
 In Chancery. 
 
 {Short title.) 
 Statement of the points in dispute between the plain- 
 tiff and defendant, as to the title to the hereditaments 
 
 comprised in the agreement dated , 18 — , in the 
 
 plaintiff's bill mentioned [or as may be], and by the 
 order dated ,18 — , directed to be inquired into. 
 
 A. 
 
 Plaintiffs 
 
 requisitions, dated 
 
 ,18-, 
 
 B. 
 
 Defendant's 
 
 replies, dated , 
 
 18—. 
 
 c. 
 
 Plaintiffs 
 
 replies, dated , 
 
 18-. 
 
 1. 
 
 1. 
 
 
 1. 
 
 2. 
 
 2. 
 
 
 2. 
 
 3. 
 
 3. 
 
 
 3. 
 
 , 693. [Formal parts : see ante, Jfo. 382.) 
 
 motion to fix On the part of the plaintiff: 
 'ramouKr' 1- That the defendant A. B. may be ordered, on the 
 
 to the vendor, (a) (Jay of ^ 18 — , between the hours of twelve and 
 
 one of the clock in the afternoon, to pay to the plaintiff 
 
 C. D., at [or as may be], the sum of , by the 
 
 Master 's report dated the day of , 18 — , certified 
 
 to be due to the plaintiff for principal, interest, and costs 
 as therein mentioned, together with interest at the rate of 
 
 $ per cent, per annum on part thereof, from the 
 
 last mentioned day to the day of payment ; and also the 
 plaintiffs costs of, and occasioned by, this application : 
 
 such costs to be taxed by the Master at , in case 
 
 the parties differ. 
 
 2. That upon such payment being made, the plaintiff 
 may execute and deliver to the defendant the indenture 
 of conveyance from the plaintiff to the defendant in the 
 said report mentioned; and deliver to the defendant, upon 
 oath, all deeds and writings in his custody or power re- 
 lating to the hereditaments in the said report also men- 
 tioned [or as may be]. And take notice ffc, as in No. 
 382.) 
 
 (a) Danl. Pr. (6th Ed.), p. 1116. 
 
inteelocutoey peoceedings — eescinding conteacts. 417 
 
 Motions to Rescind Contract in Specific Per- 
 
 FOEMANCE CaSES. 
 
 {Formal parts : see ante, No. ZQO.) gg^ 
 
 I have not, nor hath, nor have any person or persons Affidavit of 
 
 by my order, nor to the best of my knowledge and belief, p™m/nt'by™" 
 
 for my use, received the sum of found due to me £™°sp|jiflc™" 
 
 by the defendant C. D. by the decree \0r, Master's report! perf?rmaace, on 
 
 ' J • .!_• ■' ,-,'-,, ^ . J motion to rescind 
 
 made in tnis cause, nor any part thereot, nor any security contract, 
 or satisfaction for the same, but the whole amount thereof 
 remains justly due and owing to me by the said defendant 
 CD. 
 
 See ante, No. 682. Banktftfficate 
 
 of non.payment 
 
 Order rescinding: 
 contract in suit 
 
 (Formal parts : see ante, Nos. 338-9.) 
 
 1. It is ordered that the contract in the pleadings men 
 tioned be and the same is hereby rescinded. 
 
 2. It is further ordered that all further proceedings in '"rioPmLnee b 
 this cause be stayed, save and except such as the plaintiff vendor, o) 
 may be advised to take for the recovery of the costs 
 already ordered to be paid, and the costs of this applica- 
 tion. 
 
 3. It is further ordered that the defendant do pay to 
 the plaintiff his costs of this application forthwith after 
 taxation thereof 
 
 Motions to Invest Funds in Court, oe in Hands 
 OF Trustee, &c. 
 
 {Title — and address: see ante, No. 387.) 
 
 The humble petition of the plaintiff [or as -may be], .-.^^J- 
 
 Showeth as follows: investment of a 
 
 Show thai the fundin Court is available for investment; Infimrch^^'oi- 
 
 as thus: ' on mortgage' (6) 
 
 1. A B., the testator in the pleadings of this cause 
 named, by his wiE, dated the day of , 18 — , be- 
 queathed to the defendants C. D. and E. F. the residue 
 of his personal estate, upon trust to convert the same into 
 money, and to invest such money in their names in the 
 purchase of freehold hereditaments, or on real securities, 
 
 (a) See Watson v. Cox, 16 L. R. Eq. 219. 
 i) See Re Bealy, 1 Chy. Ch. R. 190. 
 
 27 
 
418 FORMS AND PRECEDENTS OF 
 
 and to permit your petitioner to receive the 
 
 rents and profits or other income of such investment dur- 
 ing his life, with remainders over. 
 
 2. The testator died on the day of , 18 — , 
 
 without liaving revoked or altered his said will; and pro- 
 hate of such will was, on the day of , 18 — , 
 
 granted by the Surrogate Court of the County of, <&c., to 
 the defendant C. D. and E. F., the executors therein named. 
 
 3. This suit was instituted for the administration of 
 the estate of the said A.B.; and by the decree made therein, 
 
 dated the day of , 18 — , the trusts of the said 
 
 wiU were directed to be performed, and carried into exe- 
 cution ; and the usual accounts and inquiries as to the 
 estate of the testator were directed to be taken and made ; 
 and the clear residue of his personal estate was directed 
 to be ascertained and certified. 
 
 4. Pursuant to the said decree, the Master made his re- 
 port dated the day of , 18 — , and thereby cer- 
 tified that there was no debt of the said testator remain- 
 ing unpaid ; and that the clear residue of his personal 
 estate consisted, amongst other things, of the sum of 
 $10,000 standing'in Court to the credit of this cause. 
 
 5. By an order dated the day of , 18 — , on 
 
 the hearing of this cause on further directions, the in- 
 terest of the said $10,000 was directed to be paid to your 
 petitioner during his life, or until further order. 
 
 Show the investment proposed to be made ; as thus: 
 
 6. Your petitioner, on behalf of the parties interested 
 under the testator's will in his residuary personal estate, 
 lately entered into an agreement (conditional on the ap- 
 proval thereof by this Honourable Court) with G. H., of, 
 
 &c., dated the ; day of , 18 — , for the purchase 
 
 from the said G. H., at the sum of $6,000 [Or, for a loan 
 to the said G. H. of the sum of $6,000, on the security of 
 a mortgage, bearing interest at $ per cent, per an- 
 num], of certain freehold hereditaments belonging to the 
 
 said G. H., situate at, &c., and comprising about 
 
 acres : to which agreement your petitioner craves leave to 
 refer. 
 
 7. The said proposed purchase [Or, loan] is a fit and 
 proper investment of the sum of $6,000 in accordance 
 ■with the trusts of the testator's will ; and your petitioner 
 is desirous that the same should be approved by this 
 Honourable Court ; and that the said $6,000 should be 
 paid out of the said $10,000. 
 
 Your petitioner therefore humbly prays : 
 
 1. That the said agreement may be carried in- 
 to effect. 
 
INTERLdCUTORT PROCEEDINGS— MOTIONS FOR INVESTMENT. 419 
 
 2. That the usual inquiry may be directed as 
 to the title to the said hereditaments. 
 
 3. That in case such title shaU be approved, a 
 proper conveyance [Or, mortgage] of the said 
 hereditaments may be directed to be settled. 
 
 4. That upon the due execution thereof by all 
 proper parties, the said $6,000 may be paid 
 out of the said $10,000, and paid to such per- 
 son or persons as shall be certified to be en- 
 titled to receive the same. 
 
 5. That the costs of your petitioner, and all 
 other proper parties, of this application, and 
 consequent thereon, including the investiga- 
 tion of the title to the said hereditaments 
 (except such costs as shall be properly payable 
 by the said G. H.), may be taxed, and be 
 raised and paid out of the said fund in Court. 
 
 6. That the rents and profits of the heredita- 
 ments so to be purchased [Or, the interest to 
 accrue on the said investment on mortgage], 
 and also the interest to accrue on the residue, 
 for the time being, during the life of your 
 petitioner, may be directed to be paid to him, 
 or his legal personal representatives, until 
 further order. 
 
 Or that your lordships {Continue as in prayer 
 of No. 387, ante, to the end.) 
 
 {Formal parts : see ante. No. 382 or 384.) 
 on the part of the defendants C. D. and E. F. \or as may 698. 
 
 Jg"| • Notice of 
 
 rm 1 T-l 111 motion to 
 
 1. That the conditional agreement dated the day approve of the 
 
 of , 18 — , entered into by the applicants with G. H., trS^^ofa'' 
 
 of, &c., for the purchase from him, at the sum of $6,000 nameMnf 
 [Or, for a loan to him of the sum of $6,000 on the security g^^^i^^' o"" °° 
 
 of a mortgage, bearing interest at S per cent.], of 
 
 certain hereditaments belonging to him, situate at, ^c, 
 may be approved on behalf of the parties interested under 
 the will of A. B., the testator in the pleadings named, in 
 the residuary personal estate ; and be carried into effect. 
 
 2. That the usual inquiry may be directed as to the 
 title to the said hereditaments. 
 
 3. That in case such title shall be approved, a proper 
 conveyance \0r, mortgage] of the said hereditaments to 
 the applicants, the trustees of the said will, may be settled. 
 
420 
 
 FORMS AND PKECEDENTS OF 
 
 4. That upon the due execution thereof by such parties 
 as shall be certified to be proper, the applicants may be 
 at liberty to pay the said $6,000, out of a fund of $10,000 
 standing in their names, and forming part of the testator's 
 residuary personal estate held by them upon the trusts of 
 the testator's will ; and to pay the said $6,000 to such 
 person or persons as shall be certified to be entitled to re- 
 ceive the same. 
 
 5. That the costs of the applicants, and all other proper 
 parties, of this application, and consequent thereon, in- 
 cluding the investigation of the title to the said heredita- 
 ments (except such costs as shall be properly payable by 
 the said G. H.), may be taxed ; and that the applicants 
 may be at liberty to pay such costs out of the said fund 
 and retain their own costs, and pay the other costs to the 
 parties entitled. And take notice {dec, as in iVb. 382.) 
 
 699. 
 
 Affidavit of a 
 Surveyor, in 
 support of the 
 petition or 
 motion. 
 
 In Chancery. 
 
 (Title of the cause or matter.) 
 I, J. W., of (Residence), land surveyor [or as may be], 
 make oath and say as follows : 
 
 1. I have carried on the business of a land surveyor at 
 
 aforesaid for years and upwards last past, 
 
 and have had, during that period, considerable experience 
 in such business ; and I believe myself well qualified to 
 judge of the value of the estate hereinafter mentioned, 
 and of like property in the vicinity thereof. 
 
 2. In pursuance of instructions received by me from 
 Messrs. X. & Y., the solicitors in this cause for the plaintiff 
 
 [or as may 6e], I, on the day of , 18 — , on behalf 
 
 of the said plaintiff [or as may be], made a carefal survey 
 of the estate mentioned and described in the paper writing 
 marked A., now produced and shown to me, and purport- 
 ing to be (State what ; as thus : the particulars of the 
 Blackacre estate, belonging to G. H., situate at, c&c), and 
 delineated on the plan marked B., thereunto annexed, and 
 now also produced and shown to me. 
 
 3. I believe that the acreage and other particulars of 
 the estate so surveyed by me are correctly set forth in the 
 said paper writing marked A., and that the abuttals, 
 boundaries and subdivisions thereof are correctly deli- 
 neated on the said plan marked B. 
 
 4. I have also, in pursuance of the said instructions, 
 made a careful estimate and valuation of the estate so sur- 
 veyed by me ; and in so doing I have taken into considera- 
 tion the tenure and situation of the said estate, the nature 
 
INTERLOCUTORY PROCEEDINGS — CHANGING SOLICITOR. 421 
 
 and quality of the land, and what would be a fair price 
 for a purchaser to pay for the said estate as an invest- 
 ment, and in expectation of being able to obtain a similar 
 or better price for the same upon a re-sale. 
 
 5. To the best of my judgment and belief, founded on 
 the survey, estimate and valuation aforesaid, the said es- 
 tate is fully and fairly worth, as a present investment, the 
 sum of S , 
 
 6. Add the special drcuTnstances, if any, which render 
 the proposed purchase or security desirable. 
 
 Sworn (^e. : see ante, No. 302.) 
 
 Changing Solicitor. 
 In Chancery. 
 
 A. V. B. 
 
 Required on behalf of the [plaintiff] [Or, defendant. Or, 700. 
 defendant C. D.,] an order appointing Mr. Y. Z. his solici- oMer*^S^ng 
 tor in this cause, in the place and stead of Mr. D. H., his solicitor. 
 present solicitor. 
 
 Dated, &c. Y. Z., 
 
 Solicitor for (Applicant.) 
 
 To the [Clerk of Records and Writs,] 
 Or (Deputy-Registrar at ). 
 
 {Formal parts : see ante, No. 338.) 
 
 It is ordered that the solicitor for the [plaintiflf] be 701. 
 changed, and that Mr. Y. Z. be appointed [his] solicitor in s^oudto'r (a*'"''" 
 the place and stead of Mr. D. H. 
 
 In Chancery. 
 
 A. V. B. 
 Please enter my name as solicitor for in the place 702. 
 
 of C. D., deceased. ofVecords and 
 
 Dated, &c. Yours, &c., ^^^^^,t^ 
 
 E. F. of appointment 
 
 To the Clerk of Records and Writs. tor in place of" 
 
 one deceased. 
 
 (a) This order is obtained on prsecipe. See Ord. 49. 
 
422 FORMS AND PRECEDENTS OF 
 
 SALES. 
 
 Section I. — Motions for leave to bid. 
 
 703. (Formal parts : see ante, No. 384.) 
 
 toUaveTwd" on behalf of the plaintiff [Or, of the defendant or other 
 party having the corukict of the sale], that he may be at 
 liberty to bid at the sale directed by the decree (Or, order) 
 
 dated the day of , 18—, of the lands in question 
 
 in this cause. And take notice (<fcc., as in No. 382.) 
 
 at sale. 
 
 704. 
 
 Notice of motion 
 to compel 
 payment in of 
 the purchase 
 money, and for 
 a re-sale on 
 default. 
 
 Section II. — Motions to enforce Contract. 
 
 (Formal parts : see ante, No. 384.) 
 
 1. On the part of the plaintiff (or other persons having 
 the conduct of the sale), that A. B., who, by the report of 
 
 the Master at , dated , was declared to be the 
 
 purchaser of the land and premises directed to be sold by 
 
 the decree dated , may be ordered , on or before 
 
 the , 18 — , or subsequently within seven days after 
 
 service, to pay into Court, to the credit of this cause [or 
 0:8 may be : according to the decree or order of sale], the 
 
 sura off , being the purchase money for the said 
 
 premises : 
 
 Or, being the balance of the purchase money for the 
 
 said premises, after deducting $ , paid by him as a 
 
 deposit : 
 
 // so : making together the sum of $ . 
 
 If so : together with interest thereon at $ per cent. 
 
 per annum from the , 18 — (as in the conditions or con- 
 tract of sale), until payment. 
 
 That the said A. B. may be ordered to pay to the ap- 
 plicant his costs of this application. 
 
 Add, if desired : That in default of such payment be- 
 ing made by the said A. B. within the time aforesaid, the 
 premises whereof he has been allowed the purchaser, as 
 aforesaid, may be re-sold pursuant to the conditions of 
 sale under which he purchased the same ; and that the 
 said A. B. may be ordered to make good any deficiency in 
 the price which may be obtained upon such re-sale, and 
 all costs and expenses occasioned by his default, and 
 that in case the said premises cannot be re-sold, that the 
 said A. B. may be held to his purchase. And take notice 
 (cfec, as i/n No. 382.) 
 
INTERLOCUTORY PROCEEDINGS — SALES. 423 
 
 Proceed cis in No. 704, ante, to may be ordered ; and 705. 
 continue thus : ^ 'ompd"""™ 
 
 on or before the , 18 — , or subsequently within seven g,*^™'^^ 
 
 days after service, to pay into Court, to the credit of this chaser of 
 cause [or as may be], the sum of $— — , being the differ- ^iSr^te'r his 
 
 ence between the sum of $ , the price at which the default. 
 
 said A. B. was allowed the purchaser as aforesaid, and the 
 sum of $ for which the said premises have been re- 
 sold in pursuance of the order dated the , 18 — , on 
 
 his default ; and that the said A. B. may be ordered to pay 
 the applicant and defendants [or as may 6e] all costs and 
 expenses of and occasioned by such default, and of this 
 
 application : to be taxed by the Master at . And 
 
 take notice ((fee, a^ in No. 382.) 
 
 Section III. — Motions to Discharge and substitute 
 purchasers. 
 
 {Formal parts : see ante. No. 384.) 
 on the part of A. B. : who (Describe the purchaser, as in 706. 
 
 •\^- nr\A «„^«\. Notice of motion 
 
 ^\ 0. 704, ante ) : by purchaser, to 
 
 1. That the applicant may be discharged from being ^°^,^^!f^"* 
 
 such purchaser. purchase. 
 
 2. That his costs, charges, and expenses occasioned by 
 his bidding for [Or, by his entering into the conditional 
 
 contract dated the day of , 18 — . in the said 
 
 order of the day of , 18 — , mentioned], and be- 
 ing allowed the purchaser of the said premises, and of and 
 incident to this application, may be taxed. 
 
 3. That his said costs, charges, and expenses 
 
 Jf so : and also the sum of $ , paid by him as a 
 
 deposit on his purchase money, may be paid to him 
 
 out of the $ , moneys in Court to the credit of this 
 
 cause [or as may 6e] : 
 
 Or, may be paid to him by the plaintiff CD.: 
 
 without prejudice to the question by whom, or out of 
 
 what fund, the same should be ultimately borne. And 
 
 take notice (cfec, as in No. 382.) 
 
 Proceed as in No. 704^, ante, to end of description o/ i,ouJS motion 
 the purchaser ; and continue thus : that the said A. B. by vendor, to 
 may be discharged from being such purchaser, on the ^i^°ctosM. 
 terms following : (State them,.) 
 
424 
 
 FORMS AND PBECEDENTS OF 
 
 708. {Formal parts : see ante, No. 384.) 
 
 tolubs^ftate 1°° on the part of A. B. : who (Describe the original purchaser, 
 purchaser. ^^ ^^ ^q 704^ (jj^^g . fj^nd contiMue thus :) 
 
 and of C. D., of {Residence and addition), that the said C. 
 D. may be substituted for the said A. B. as the purchaser 
 of the said premises ; and upon complying with the con- 
 ditions of sale be let into possession of the said premises, 
 or into the receipts of the rents and profits thereof, from 
 
 the day of ; and that aU proper parties may be 
 
 ordered to join in and execute a proper conveyance or as- 
 surance of the premises to the applicant, or as he shall 
 direct : such conveyance or assurance to be settled by the 
 
 Master at , in case the parties differ. And take 
 
 notice {&g., as in No. 382.) 
 
 709. 
 
 Affidavit in 
 support, before 
 report ou sale 
 has become 
 onfirmed. 
 
 In Chancery. 
 
 {Title of the cause) 
 
 We, A. B., of {Residence and addition), and C. C, of 
 {Residence and addition), severally make oath and say 
 as foUows : 
 
 1. We have agreed that, if approved by this Honourable 
 Court, the deponent C. D. shaU be substituted for the de- 
 ponent A. B. as the purchaser, at the price of $ , of 
 
 the lands comprised in parcel , part of the lands sold 
 
 under the decree [Or, order] dated the 
 
 day of- 
 
 18 — , in this cause, and for which the deponent A. B. was 
 
 declared to be the purchaser at the sum of $ , at the 
 
 sale thereof at , on the of , 18 — . 
 
 2. And we, each speaking positively as to himself, and 
 to the best of his knowledge and belief as to other per- 
 sons, lastly say, that save as aforesaid, there is no agree- 
 ment, underbargain, contract, or understanding whatso- 
 ever by or between us, or by or between any other per- 
 son or persons by our order, or on our behalf, respectively, 
 for or in respect of the said premises so purchased by the 
 deponent A. B. as aforesaid. 
 
 710. 
 
 Affidavit in 
 support of 
 motion to 
 substitute a 
 purchaser after 
 report on sale 
 has become 
 confirmed. 
 
 (Formal parts : see No, 709.) 
 
 1. We have agreed that, if approved by this Honourable 
 Court, the deponent C. D. shall be substituted for the de- 
 ponent, A. B. as the purchaser of the (land comprised in 
 
 parcel , part of the) lands sold under the decree [Or, 
 
 order] dated the day of , 18 — , in this cause ; 
 
 and whereof the deponent A. B. is allowed the purchaser 
 by the report on sale, dated the dav of . 1 S — . 
 
INTEELOCUTORY PROCEEDINGS — SALES. 425 
 
 2. And we, each speaking positively as to himself, and 
 to the best of his knowledge and belief as to other persons, 
 lastly say, that no agreement, underbargain, contract, or 
 understanding whatsoever, by or between us, or by or be- 
 tween any other person or persons by our order, or on our 
 behalf, respectively, for or in respect of the said premises, 
 was made, entered into, or come to upon or at any time 
 
 prior to the da}" of , 18 — {day when report be- 
 
 came confirmed.) 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff {or as may be], that the sale, on 711. 
 
 the day of , 18 — , of [parcel No. — , of] the lands moMm'to open 
 
 and premises directed to be sold by the decree [Or, order] ^'f^^' "^ *°^ 
 
 dated the day of , 18 — , may be set aside and 
 
 the biddings opened, and that A. B. may be discharged 
 from being the purchaser of the said lands, and that the 
 
 offer of A B. to purchase the same for the sum of $ 
 
 may be accepted, or that the said lands may be directed to 
 be re-sold. And take notice ((fee, as in No. 882.) 
 
 Section IV. — Motions fw Compensation. 
 
 (Formxtl parts : see ante, No. 384.) 
 
 on behalf of A B., of the Township of , in the County 712. 
 
 of , farmer, the purchaser of , for an order motionte 
 
 authorising him to retain out of his purchase money [or p°^^'^*"°" ^^ 
 for payment out of Court, or by the plaintiff, to the said 
 
 A. B.] of the sum of $ for compensation for the loss 
 
 sustained by the said A. B. by reason of (here state the 
 ground on which compensation is claimed.) And take 
 notice (<fee., as inform. No. 382.) 
 
 {Affidavit p7'oving right to compensation accompanies.) 
 
 Seetion V. — Motions for delivery of possession. 
 
 In Chancery. 
 
 {Short style of cause) 
 Take notice, that the purchaser A. B. has paid into j,„yJ13- 
 Court his purchase money pursuant to the conditions of purchaser to 
 
 , ,,'^, , ■'' '^ ,ni- J.I.- vendors' solicitor 
 
 sale, and he hereby requires you to deliver to him posses- requiring 
 sion of the lands purchased by him in this cause, on the ^^^^iol 
 
426 FORMS AND PRECEDENTS OF 
 
 day of next ; and take notice, that he will on 
 
 that"day attend on the premises at such hour as you may 
 appoint to receive possession of the said lands, and in de- 
 fault of possession being on that day delivered to him he 
 will make application to the Court to compel you to de- 
 liver possession thereof. 
 
 Dated, &c. 
 
 Yours, &c., 
 
 To C. D., 
 
 Plaintiff's Solieitor. Solicitor for the said A. B. 
 
 714. In Chancery. 
 
 Notice by ^ / en ^ ^ i ± \ 
 
 vendors-solicitor [isriort Style oj cause.) 
 
 dem^riiT/ Take notice, that the vendors will on next, at 
 
 o'clock in the forenoon, deliver possession to A. B., or to 
 whom he may appoint, of the lands purchased by him in 
 this cause, and he is hereby notified to attend on the 
 premises at the above named time to receive possession. 
 Dated, &c. 
 
 Yours, &c.. 
 To Mr. C. D., 
 Solicitor for A. B. Plaintiff's Solicitors. 
 
 possession. 
 
 715. Tji Chancery. 
 
 Demand of (ShoTt stvle of CaUSC.) 
 
 Dossession. ^.j^ - 111 T ' p 
 
 We hereby demand and require ol you to quit and de- 
 liver to A. B., (a) of , in the County of , farmer, on 
 
 or before the day of next, the possession of the 
 
 lands in question in this cause, being lot No. , in 
 
 Concession of the Township of , in the County of 
 
 , of which you are now in the occupation, the said 
 
 A. B. having become the purchaser thereof at the sale had 
 in this cause, and having duly complied with the condi- 
 tions of sale, and being now entitled to receive possession 
 of the same. And take notice, that in case you shall fail 
 to quit and deliver up possession of the said lands as 
 hereby required, an application will be made to the Court 
 of Chancery to compel you to quit and deliver up posses- 
 sion of the said premises, and to pay the costs of this 
 demand, and occasioned by your default. 
 
 Dated, &c. H. & M., 
 
 Plaintiff's Solicitors. 
 
 To the defendant D. F. 
 
 (tt) Where the possession is not to be delivered direct to the purchaser, the form of 
 demand must be varied accordinglv* 
 
INTERLOCUTORY PROCEEDINGS — SALES. 427 
 
 {See ante, No. 322, then proceed) : 
 
 2. At the time of such [Or on the day of 716. 
 
 after the] service of the said demand, I did demand of the st"1orand 
 said D. F. the possession of the said premises in the said p™™'\J^„hom 
 demand mentioned, but the said C. T>. then said (state possessioa is 
 answer), and refu.sed to quit and deliver up possession of dei^ered'" 
 the said premises, and continues still to hold and occupy 
 the same. 
 
 [Formal parts : see ante, No. 384.) 
 
 on behalf of (the vendors, or the purchaser: see Con. 717. 
 
 Ord. 389) for an order directing the defendant L). F. to mottonfor 
 deliver up possession of the lands and premises in question p'^e^o"* 
 in this cause within such time as this Honourable Court 
 shall direct, and also to pay to the applicant his costs of 
 and incidental to this application, including the de- 
 mand of possession served upon the said defendant D. F. 
 And take notice ((fee, as in form No. 382.) 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 I hereby require you forthwith to quit and deliver up 713. 
 possession of the lands and premises in question in this po^s^^fon'by 
 
 cause, being lot number , in the Concession of mortgagee alter 
 
 the Township of , in the County of , to me [or foreclosure. 
 
 to my agent C. D.], I having obtained a final order of 
 
 foreclosure against you in this cause, datpd the day 
 
 of , 18—. 
 
 Dated, &;c. A. B. 
 
 To the defendant E. F. 
 
 719. 
 
 Affidavit of 
 
 {See ante. No. 716.) l™Af 
 
 possession. 
 
 (Formal parts : see ante, No. 384.) 
 on behalf of A. B., the above named plaintiff, for an order 720. 
 directing the defendant C. D. forthwith to quit and to de- motion °£or 
 liver up to the plaintiff the possession of the lands and pj^^g^^^^ 
 premises in question in this cause, being (describe the ™°'^°'' '° 
 lands), and that he do pay to the plaintiff his costs of and anai order of 
 incidental to this application. And take notice ((fee, as '"«<=">="■■<=• 
 in form No. 382.) 
 
428 FORMS AND PKECEDENTS OF 
 
 Section VI. — Motions for Vesting Orders. 
 
 . 721. {Formal 'parts : see ante, No. 384.) 
 
 Sotion for on behalf of A. B., of the [Township of Vaughan, in the 
 
 vesting order. Qounty of York, farmer], the purchaser of the lands [or, 
 
 of parcel number (one) of the lands] sold in this cause \if 
 
 more than one sale, add] at the sale had herein on the 
 
 day of 18 — , for an order vesting the said lands, 
 
 being {Describe them, as they are intended to he described 
 in the vesting order), in the said A. B., his heirs and as- 
 signs, for all the estate, right, title and interest of the 
 plaintiff and the defendants {or as may be) therein and 
 thereto. And take notice (d&c, as in No. 382.) 
 
 722. In Chancery. 
 
 Accountant's / en. j. ± i j! \ 
 
 certificate of {Short styie oj cause.) 
 
 Smone'y^"" I Certify that [A. B.] the purchaser of the lands (or, of 
 parcel number one of the lands) sold in this cause has 
 paid the full amount of his purchase money into Court to 
 the credit of this cause. 
 Dated, ^o. 
 
 Section VII. ^ — Motions to dispense with payment of 
 Purchase money into Court. 
 
 723. {Formal parts : see ante. No. 384.) 
 tion to dispense On behalf of A. B. [of the Township of Vaughan, in the 
 pmoSTonei County of York, farmer], the purchaser of the lands [or, of 
 into Court. parccl number (one) of the lands] sold in this cause [if 
 more than one sale, add] at the sale had herein on the 
 day of , 18 — , for an order dispensing with pay- 
 ment into Court of the amount of his purchase money 
 
 and the interest accrued thereon [or, of $ , part of his 
 
 purchase money, and the interest accrued thereon since 
 
 the day of .] And take notice {Sc, as in No. 
 
 382.) 
 
 724. In Chancery. 
 
 party^ntLed to {Short Stylc Oj CaUSC.) 
 
 ffconLntX"' I. C- D-. of , the plaintiff in this cause, do ac- 
 
 order dispensing knowledge to havc received this day from A. B., the pur- 
 same ?ntoCourt. chaser of the lands [or, of parcel number (one) of the lands] 
 
 sold in this cause on the day of , the sum of 
 
 $ , being the amount of his purchase money for the 
 
 said lands with interest thereon to date, and I consent to 
 
INTERLOCaTOEY PROCEEDINGS — SALES. 429 
 
 an order being made dispensing with payment of the said 
 purchase money into Court. 
 Dated, cfec. 
 
 CD. 
 
 Witness, S. B. 
 
 Another fonn. 
 
 Tn Chancery. 
 
 {Short style of cause.) 
 
 I, C. D., of , one of the defendants in this cause, do 725. 
 
 consent and agree that an order be made dispensing with ' 
 payment into Court by A. B., the purchaser of the lands [or, 
 of parcel number (one) of the lands] sold in this cause, of 
 
 S , being the amount of his purchase thereof, and also 
 
 of the interest which has accrued or may hereafter accrue 
 thereon ; and I give this consent knowing that I am en- 
 titled to the said purchase money, and that I am entitled 
 to have the same paid into Court in this cause, and know- 
 ing also that the same if paid into Court would not , be 
 paid out except to me or to my order. 
 
 Dated, (fee. 
 
 CD. 
 Witness, S. B. 
 
 (Formal parts : see ante, No. 300.) 
 
 I was personally present and did see [the defendant C 726. 
 D."] sign the consent now produced and shown to me, verifying 
 
 marked A., on the day of the date thereof, at , in the •=°"^^"*- 
 
 County of , and the name " C D." thereunto sub- 
 scribed is in the proper handwriting of the said defendant 
 C D., and the name " S. B." thereunto subscribed as the 
 name of the witness attesting the said signature of the said 
 C D., is of the proper handwriting of me this deponent. 
 
 (Where the receipt is in the form No. 725, add :) 
 
 2. I further say that immediately before the said de- 
 fendant C D. so signed the said consent, I explained to 
 the said C D. and he thoroughly understood that he is 
 entitled to the purchase money of the said A. B. referred 
 to in the said consent, and the interest which has accrued 
 and may hereafter accrue thereon, and that he the said 
 defendant C D. was entitled to have the said purchase 
 money and interest paid into Court by the said A. B. in 
 this cause, and that if the same were paid into Court, the 
 same would not be paid out except to him the said de- 
 fendant C D. or his lawful representatives, or to his or 
 their order. 
 
430 forms and precedents of 
 
 Motions on behalf of Trustees as to Management 
 OF Trust Estate. 
 
 NoticISmo (I'ormal parts : see ante, No. 384.) 
 
 tionfor°ie?ve to on the part of the plaintiffs [Or, defendants, A. B. and C. 
 
 0° Mngan""' D.: or asmay be], the trustees [Or, executors] of the will 
 
 action. of J] -p., the testator [Or, the administrators of B. F., the 
 
 intestate] in the pleadings named [or as may be]. 
 
 1. That they may be at liberty to institute and prose- 
 cute a suit [Or, to commence and prosecute an action in 
 one of the Superior Courts of Law — Or, to take proceed- 
 ings in the proper County Court] against all proper parties, 
 for the purpose of (State, shortly, the object ; as thus : 
 compelling a foreclosure or sale of the hereditaments com- 
 prised in the mortgage security for $500 [Or, recovering a 
 debt of $500 due] from G. H., and now forming part of 
 the outstanding estate of the said E. F.) 
 
 That the applicants may be indemnified, in such man- 
 ner as the Referee shall direct, against any costs to be in- 
 curred by them in such suit [Or, action — Or, proceedings], 
 out of the estate of the said E. F. And take notice (^c, 
 as in No. 382). 
 
 728. {Formal farts : see ante. No. 727.) 
 
 fofieave to"'"™ 1. That they may be at liberty to defend the suit com- 
 menced against them in this Court by A. B. and C. D., the 
 executors of L. M. [or as mci2/6e], for the purpose of [/Stete, 
 shortly, what ; as thus : compelling a foreclosure or sale 
 of the hereditaments comprised in the mortgage security 
 for $500 to the said L. M. : the equity of redemption 
 whereof forms part of the estate of the said E. F.] ; and 
 the short title of which suit is " Brown v. Jones." 
 
 2. That the applicants may be indemnified (Conclude as 
 in No. 727, ante.) 
 
 defend a suit in 
 equity. 
 
 , 729. (Formal parts : see ante, No. 727.) 
 
 tor leave to de-° 1- That they may be at liberty to defend the suit com- 
 Ir'Jfth™ pro-°° menced against them by 0. P., in Her Majesty's Court of 
 
 oeeding. Queeu's Bench [Or, in the County Court of , or as 
 
 may be], to recover the sum of $500 alleged to be due to 
 him from the estate of the said E. F. [or as may 6e.] 
 
 2. That the applicants may be indemnified (Conclude 
 as in No. 727, ante.) 
 
INTERLOCUTORY PROCEEDINGS — MOTIONS BY TRUSTEES. 431 
 
 (Formal parts : see ante, No. 727.) 
 
 That the applicants may be at liberty to carry on the 730. 
 
 testator's business of a , at .until the sale Kave'tT""" 
 
 thereof, or until the day of next, and to use '^'^ °n '«'**- 
 
 and employ for that purpose any part of the sum of $- — '"'' ''"™'''' 
 now in their hands, and forming part of the testator's per- 
 sonal estate. And take notice (cfcc, as in No. 382.) 
 
 (Formal parts : see ante, No. 727.) 
 
 That the applicants may be at liberty, out of the assets 731. 
 of the said E. F. in their hands, to pay the debts of the fofieayitTp^!' 
 said E. F. specified in the Schedule to the Master's report, debts. 
 
 dated the , 18 [Or, in the exhibit marked A. to the 
 
 affidavit of the applicants filed , 18 — , or as may be]. 
 
 And take notice (c&c., as in No. 382.) 
 
 (Formal parts : see ante. No. 727.) 
 
 That the applicants may be at liberty to compromise 732. 
 the suit [Or, action] of "Brown v. Jones," instituted by fOT^eTetT""" 
 [Or, against] them, in this Court — Or, in Her Majesty's "opp^^'se » 
 Court of Queen's Bench [or as may 6e] against [Or, by daim!^ '""' *"^ 
 {State whom), ], for (State, shortly, the object of the suit, or 
 action) — Or, the debt due by [Or, to] G. H. to [Or, from] 
 the estate of the said E. F. — upon the terms following, 
 namely (State them). And take notice (Sc, as in No. 
 382.) 
 
 (Formal parts : see ante, No. 727.) 
 
 That the applicants may be at liberty to lay out sums 733. 
 of money not exceeding the respective sums set forth in ^J^ieav"/™"*'""^ 
 the second column of the Schedule hereto, in effecting the execute repairs, ' 
 repairs [Or, works of drainage] and improvements speci- works!"^° 
 
 fied in the affidavit of A. B., tiled the , 18 — , and in 
 
 the exhibits thereto, to those portions of the estates of the 
 
 testator E. F., situate at , in the county of , which 
 
 are now in the occupation of the respective persons whose 
 names are set forth in the first column of the said Sche- 
 dule ; and may be allowed what they shall so lay out on 
 passing their accounts in this cause. 
 
432 
 
 FORMS AND PRECEDENTS OF 
 
 The Schedule above referred to. 
 
 Names of Occupiera. 
 
 Estimated amount 
 to be laid out. 
 
 Peter Brice 
 
 John Witham 
 
 Benjamin Scholefield 
 
 3 Ct9. 
 
 80-04 
 137-11 
 
 734. (Formal parts : see ante, No. 727.) 
 
 Notice of mo- That the applicants may be at liberty to accept from G. 
 
 tion for leave to --_ i ^ ii , ^ r 
 
 obtain a renewal H. a renewal, tor the term oi years, from next, 
 
 ease. at the annual rent of $ , oi the lease dated the -., 18 — , 
 
 of the farm at B., in the county of C, now forming 
 
 part of the outstanding estate of the said E. F., such lease 
 to be granted to the applicants as executors of the will of 
 the said E. F. And take notice (&c., as in No. 382.) 
 
 735. (Formal parts : see ante, No. 727.) 
 
 U)°a™ro'v?of '"" '^^^t *h® conditional contract dated the day oi 
 
 agreement to , 18 — , entered into by the applicants [Or, by G. H., 
 
 grant a lease. ^ ^j^^ agent for, and on behalf of, the applicants — or as 
 
 muy he], to grant to L. M. a lease of the farm at B., 
 
 in the county of C. [or o.s may he\ part of the trust estate 
 of the testator E. F., on the terms and conditions therein 
 mentioned, may be directed to be carried into effect : such 
 lease to be approved by the Keferee in Chambers [or as 
 may be.'] And take notice (Sc, as in No. 382.) 
 
 736. 
 
 Affidavit in 
 support. 
 
 In Chancery. 
 
 (Title of the cause.) 
 
 We, G. H., of (Residence and addition), and J. K., of, 
 (fee, severally make oath and say as follows : 
 
 First, I, the said G. H., for myself, say as follows : 
 
 1. I have, for ■ years last past, carried on the busi- 
 ness of a surveyor, auctioneer, and land and estate agent 
 
 at , in the county of ; and I am well acquainted 
 
 with the value, management, and letting of land and 
 house property, in the neighbourhood of the farm herein- 
 after mentioned. ' 
 
 2. I am well acquainted with the farm and .premises 
 described or referred to in the agreement dated the 
 
INTERLOCUTORY PROCEEDINGS — NEW TRUSTEES. 433 
 
 day of , 18 — , made between {Describe the parties), 
 
 and now produced and shown to me, and marked A. ~ 
 
 3. I was recently employed by the plaintiffs [or as may 
 be] to obtain a tenant for the said farm and premises, and 
 to negotiate the letting thereof. 
 
 4. Having well considered the value of the said farm 
 
 and premises, I am of opinion that the rent of $ , in 
 
 the said agreement mentioned, is the best rent that can 
 reasonably be obtained for the said premises ; and that 
 the terms and conditions of the said agreement in other 
 respects {If a draft lease has also been approved, add : 
 and of the draft lease referred to in the said agreement, 
 and now also produced and shown to me, and marked B.), 
 are fair and reasonable, and such as are usually inserted 
 in lea:^es of property of the same nature ; and in my judg- 
 ment and opinion it will be beneficial to the estate of the 
 testator E. F. {or as Tnay ftp] that the said agreement 
 should be carried into effect. 
 
 5. I have made inquiries as to the position and means 
 of the said L. M. {tenant), and as to his abiUty to pay 
 the rent and perform the covenants and agreements on 
 his part contained in the said agreement, and to be con- 
 tained in the lease to be granted in pursuance thereof. 
 From information derived by me in prosecuting such in- 
 quiries, I am of opinion that the said L. M. is fully able 
 to pay the said rent and perform the said covenants and 
 agreements ; and that he is in all respects a desirable ten- 
 ant for the said premises. 
 
 D. And I, the said J. K., for myself say, that the signa- 
 ture " ," set and subscribed to the agreement dated 
 
 the day of , 18 — , now produced and shown to 
 
 me, and marked A., is of the proper writing of the said 
 L. M., one of the parties thereto : as I know from having 
 seen him subscribe such signature thereto. 
 
 MOTIOXS FOR THE APPOINTMENT OF NeW TRUSTEES. 
 
 (Formal paMs : see ante, No. 300.) 
 
 1. Show deponent's personal knoivledge of the proposed 737. 
 
 trmtees ; as thus : I have, for years last past, ^i^S/'f 
 
 known, and been well acquainted with E. F., of {Residence p™i'j°||'^ 
 and addition), and G. H., of {Residence and addition), the 
 persons proposed to be appointed new trustees of the will 
 of A. B., late of {Residence and addition), deceased, the 
 testator in the decree [Or, order] in this cause {Or, matter] 
 28 
 
434 
 
 FORMS AND PRECEDENTS OF 
 
 738. 
 
 Consent to act 
 of proposed 
 trustees. 
 
 dated the day of , 18^ named [Or, of the in- 
 denture of settlement, dated the day of , 18 — , 
 
 made on the marriage of A. B. with C. D., in the decree, 
 tfcc, mentioned — or as tnay 6e.] 
 
 2. Show the position in life of the proposed trustees, and 
 
 their eligibility ; as thus : The said E. F. has, for 
 
 years last past, carried on business as a banker at , 
 
 in the (County) of . The said G. H. has, for 
 
 years last past, carried on business as a wine-merchant at 
 
 , in the (County) of . During my aforesaid 
 
 acquaintance with them I have had many opportunities of 
 forming an opinion as to their habits of business and in- 
 tegrity. The said E. F. and G. H. respectively are persons 
 in good credit in the neighbourhood in which they respec- 
 tively carry on business as aforesaid, and are both men of 
 business habits, and of strict honour and integrity. 
 
 3. In my judgment and opinion the said E. F. and G. 
 H. are fit, proper, and eligible persons to be appointed new 
 trustees of the said will [Or, indenture of settlement — or 
 as maybe.l 
 
 In Chancery. 
 
 (Short title.) 
 We, the undersigned E. F., of (Residence and addition), 
 and G. H., of (Residence and addition), do hereby testify 
 our consent to accept the oflSce of trustees, and to act in 
 the trusts, ot the will of A. B., late of (<fce., as in No. 737, 
 ante) : in case the Court of Chancery shaU think fit to 
 
 appoint us to that ofiice. Dated this day of , 
 
 18—. 
 
 Signed by the said E. F. \ 
 
 and G. H. in the presence of J 
 
 J.K. 
 
 E. F. 
 G. H. 
 
 739. 
 
 Affidavit, veri- 
 fying the 
 signatures 
 thereto. 
 
 (Formal parts : see ante, N'o. 300.) 
 1. The signatures " ," and 
 
 respec- 
 
 tively set and subsciibed to the paper writing marked A., 
 hereunto annexed [Or, now produced and shown to me],. 
 
 purporting to be the consent, dated the day of , 
 
 18—, of E. F. and G. H., to accept the office of trustees of 
 the will of A. B. [or as may he], are of the respective- 
 proper handwriting of the said E. F. and G. H., in such 
 paper writing respectively named and described : as I 
 know from having seen them respectively sign the said 
 paper writing. 
 
interlocutory proceedings — interpleader orders. 435 
 
 Notice to Defendant to Conduct Sale. 
 
 In Chancery. 
 
 {Short title.) 
 
 To , defendant. 
 
 Take notice, that the plaintiff elects that the sale of the 740. 
 mortgaged premises be conducted by you instead of by ^"fendant'that 
 the plaintiff, and you are at liberty to withdraw the de- he may conduct 
 posit made by you in this cause for the purpose of such decree, referred 
 
 '^ ' '' "^ r r to in Order 430, 
 
 beingf Schedule 
 R. mentioned in 
 
 sale. 
 
 Dated, ^c. 
 
 E. F., 
 Plaintiff's Solicitor. 
 
 that order. 
 
 Motions for Interpleader Orders, &c. 
 
 (Formal parts : see ante, No. 339.) 
 
 It is ordered that the plaintiff {execution creditor), and 741. 
 Mr. E. F. {the claimant), or their solicitors or agents, do Sn ra'edftor 
 attend before the Referee in Chambers, at Osgoode HaU, ^'^"^ claimant to 
 
 Arn 1 Ti»iT/» appcar ana 
 
 in the City of Toronto, on the day alter the day of ser- maintain or 
 
 vice hereof on them respectively, at ten of the clock in cwms"'t<i)' ^"^ 
 the forenoon, or at such other hour as Chambers may be 
 held, and then and there state the nature and particulars 
 of their respective claims to the goods and chattels seized 
 
 by the Sheriff of , under the writ of fieri facias issued 
 
 in this cause, and maintain or rehnquish the same, and 
 then and there show cause why they should not abide by 
 such order as may then be made hereiu touching their 
 said claims and as to costs, and in the meantime let aU fur- 
 ther proceedings be stayed. 
 
 {Formal parts : see ante. No. 384.) 
 on behalf of F. W. J., Esquire, Sheriff of the County of 742. 
 
 ^ . -iTT'ji* 'ill Notice of motion 
 
 York for an interpleader order m this cause, in the usual by sheriff for in- 
 form,'between the above-named defendant C. D., and E. terpieader order 
 F. the claimant ; and you the said defendant C. D., and 
 the said E. F., your solicitors or agents, are required to 
 
 a) It has been heretofore the practice in some cases for the Sheriff to serve notice of 
 motion on the execution creditor and the claimant, and the practice has not been ob- 
 ipcted to ■ the 2« Vic c. 19, s. 2, however, seems to contemplate that the parties should 
 he called before the Court by rule or order, and it may be doubtful whether it would be 
 comnetent for the Court to make an order barring the claun of a party not appemug 
 where only a notice of motion bad been served. Ihe more correct practice would ap- 
 pear to be for the Sheriff to apply in the first instance, ex parte, tor an order as above. 
 (b) See note to preceding form. 
 
436 FOEM.S AND PSECEDENTS OF 
 
 attend before this Honourable Court in Chambers at the 
 time and place aforesaid, and state the nature and par- 
 ticulars of your respective claims to the goods and chat- 
 tels seized by the said Sheriff under the writ of fieri 
 facias issued in this cause, and to maintain and relinquish 
 the same, and submit to and abide by such order as may 
 be made herein for the trial of an issue or otherwise ; and 
 in the event of the non-attendance of either party, an 
 order may be made barring the' claim of such party not 
 attending, with costs, and protecting the said Sheriff. And 
 take notice (^c, as in No. 382). 
 To the Execution Creditor A. B., 
 and to C. D. the claimant. 
 
 743. 
 
 j_^^ [Formal parts : see ante, No. 300.) 
 
 Affidavit of 1 Under and by virtue of a writ oi fieri facias issued 
 
 port" ™ ^""^ out of and under the seal of this Honourable Court, in 
 
 this cause, by or on behalf of the above-named [plaintiff] 
 
 against the goods and chattels of the [defendant C. D.], 
 
 and which writ bears date the day of , 18 — , I 
 
 did on the' day of instant seize and take posses- 
 sion of the following goods and chattels which appeared 
 to me to be the property of the said defendant C. D., and 
 I have ever since had and now have the same in my pos- 
 session under the said writ. 
 
 2. On the day of instant I was served with 
 
 the notice in writing now shown to me and marked A.,by or 
 on behalf of C. D., the claimant therein named, and the 
 goods and chattels referred to in the said notice are those 
 
 so seized by me as aforesaid [Or, on the day of , 
 
 one C. D., of the Township of ^ — , in the County of , 
 
 farmer, came to me and informed me that he was the 
 owner of the goods and chattels so seized by me as afore- 
 said, and forbade me to seU the same under the said execu- 
 tion, and threatened to and will, I believe, hold me respon- 
 sible if I sell the said goods under the said execution.] 
 
 3. I have infoi-med the said [plaintiflF's solicitor] of the 
 said claim, but he refused to authorize me to abandon the 
 said seizure, 
 
 4. The application for an interpleader order in respect 
 of the said goods and chattels, in support of which I make 
 this affidavit, is not made by me in collusion with the said 
 [plaintiff] nor the said claimant C. D., but the same is 
 made bond fi,de and solely for my own protection. 
 
INTERLOCUTORY PROCEEDINGS — INTERPLEADER ORDERS. 437 
 
 {Formal parts : see ante, No. 338.) 
 and E. F., the claimant named in the affidavit of the said - 744. 
 Sheriff, not appearing to maintain or relinquish his claim, oi^mof"™"*^ 
 although duly notified so to do, as by affidavit of service claimant. 
 appears : It is ordered that the said E. F., and all persons 
 claiming from or under him, be and they are hereby for 
 ever barred from prosecuting his claim, referred to in the 
 affidavit of the said Sheriff, against the said Sheriff, his 
 executors or administrators. 
 
 It is further ordered that the said E. F. do forthwith 
 pay to the said Sheriff the possession money incurred by 
 the said Sherifi since the date of the service upon the said 
 Sheriff of the claim of the said E. F., &c. {the costs are in 
 the discretion of the Court; unless the claim he m,ade 
 fraudulently, and for theptii-pose of vexation, the clairn- 
 ant will not be ordered to pay costs.) 
 
 {Formal parts : see ante, Ho. 338.) 
 and A. B., the execution creditor named in the affidavit 745. 
 of the said Sheriff, not appearing to maintain or relinquish Secutkm " 
 his claim to the goods and chattels referred to in the "'<"'"'■ *^"^ *° 
 
 rt-» • r~« • • • *PP^^ and 
 
 affidavit of the said Sheriff, under the execution issued clamant does 
 by him in the cause, although duly notified so to do, as by '^'^'^^• 
 affidavit of service appears : ' It is ordered that the said 
 Sheriff do withdraw from the possession of the said goods. 
 
 2. It is further ordered that no proceedings be taken 
 against the said Sheriff' his executors or administrators, 
 by the said A. B. or the said claimant E. F. in respect of 
 the seizure of the said goods or the abandonment thereof 
 under this order. 
 
 3. It is further ordered that the said A. B. do pay to 
 the said Sheriff the possession money incurred by him 
 [since the making of the claim of E. F.] {or such other 
 time as the Court may think fit to name.) 
 
 {Formal parts : see ante, No. 339.) 
 
 1. And neither the said plaintiff {the execution creditor) ^^^J^^^ 
 nor E. F., the claimant named in the affidavit of the said neither execu- 
 Sheriff, appearing to maintain or relinquish their claims claimant* 
 to the goods and chattels referred to in the said affidavit : ^vv^^^- 
 It i§ ordered that the said Sheriff do proceed and sell so 
 much of the said goods as may be necessary to pay the 
 expenses incurred by him in respect of the seizure and 
 
438 FORMS AND PEECEDENTS OF 
 
 keeping possession of the said goods, and do thereafter 
 withdraw from the possession of the residue of the said 
 goods and chattels. 
 
 2. It is further ordered that no proceedings be taken 
 against the said Sheriff, his executors or administrators, 
 by the said [plaintiif] or the said E. F. in respect of the 
 said seizure of the said goods, or for anything done by 
 the said Sheriff by virtue of this order. 
 
 747. {Formal parts : see ante. No. 338.) 
 
 rfcSto^by""^ and the said plaintiff {the execution creditor) and E. F. 
 ju^e or Referee (j}ig, claimant) Consenting that the merits of their respec- 
 ™ *'^^' tive claims to the goods and chattels referred to in the 
 said affidavit should be disposed of by the presiding Judge 
 [Or Eeferee in Chambers] in a summary manner. 
 Tt is ordered, <fcc. 
 
 748. In Chancery. 1 
 
 "JSS^ung In Chambers. / , the day of , A. D. 18-. 
 
 issue. Between {Shortened style of cause.) 
 
 Upon the application of the Sheriff of the , and 
 
 upon hearing the Solicitor for the applicant, and for the 
 
 execution creditor, and for the claimant, and 
 
 upon reading the affidavits of : It IS ORDEKED 
 
 that, upon payment of the appraised value of the goods 
 and chattels seized by the said Sheriff under the writ of 
 fieri facias issued in this cause into Court by the said 
 
 claimant within days from this date, or upon 
 
 the said claimant giving within the same time security to 
 the satisfaction of the Master of this Court for the pay- 
 ment of the same amount by the said claimant according 
 to the directions of any order of this Court to be made 
 herein, and upon payment to the said Sheriff by the said 
 claimant of the possession money from the date of this 
 order, the said Sheriff do withdraw from the possession of 
 the goods and chattels seized by him under the writ of 
 fieri facias issued herein, and claimed by the said 
 claimant. 
 
 And it is further ordered, that unless such payment 
 shall be made, or such security be given within the time 
 aforesaid, the said Sheriff do proceed to sell the said goods 
 and chattels, and pay the proceeds of the sale, after de- 
 ducting the expenses thereof and the possession money 
 from the date of the said seizure, into Court, to the credit 
 of this cause, to abide further order herein. 
 
INTERLOCUTORY PROCEEDINGS — MOTIONS TO GARNISHEE. 439 
 
 And it is further ordered, that the parties do pro- 
 ceed to the trial of an issue in the Court of , 
 
 in which the said claimant shall be the plaintiff and the 
 said execution creditor shall be defendant, and that the 
 question to be tried shall be whether at the time of the 
 delivery- of the said writ to the said Sheriff the said goods, 
 or any part thereof, were the property of the claimant as 
 against the execution creditor. 
 
 AxD IT IS FURTHER ORDERED, that such issue shall be 
 
 tried at . And the question of costs, and all further 
 
 questions, are reserved until after the trial of the said 
 issue, to be disiiosed of in Chambers. 
 
 And IT IS FURTHER ORDERED, that no action shall be 
 brought against the said Sheriff for the seizure or sale of 
 the said goods. 
 
 Motions to Garnishee Debts, &c. 
 
 (Formal parts : see ante, JS'o. 384.) 
 on behalf of the (execution creditor) for an order for the 749. 
 
 {debtor) to attend before the Master of this Court at , ITl'^^i^^' 
 
 at such time and place as the said Master shall appoint, and "' '^5'''°';^ '■° 
 
 T . , ,S . T , 111 what debts are 
 
 submit to be orally examined upon oath as to what debts due to him un- 
 are owing to him. And take notice (cfcc, as in No. 382.) sec. 287 ' ' ° ' 
 
 (Formal parts : see ante, No. 300.) 
 
 Proceed as in form No. 754, post, and add : 
 
 o. That A. B. is indebted to the said (execution debtor) 750. 
 
 in the sum of , for (state the nature of the debt, and p^ormotion'' 
 
 ■show means of knovAedge.) unde^sM^lss^ot 
 
 (i. The said A. B. resides at , within the juris- c. l. p. Act. 
 
 ■diction of this Honourable Court. 
 
 (Formal harts : see ante. No. 338.) 
 
 It is ordered, that all debts owing by or accruing from 751. 
 A. B. to the said (debtor) be attached to answer the amount Jetrs' ('"r*'"^ 
 due and owing from the said (debtor) to the said (creditor) 
 Tinder the decree [or order] made in this cause and dated 
 the day of, dec. 
 
 It is ordered, that the said A. B. do attend before [the 752. 
 Eeferee in Chambers, at Osgoode Hall, in the City of garnishee to 
 Toronto, at ten of the clock in the forenoon, or so soon ^i>^^'' <"■> 
 
 (a) These orders may be combined or may be granted separately. See C. S. U. C. 
 •cap. 2-2, s. 289. 
 
440 
 
 FORMS AND PRECEDENTS OF 
 
 thereafter as Chambers may be held, on the 
 the day of service hereof, Or before the 
 County Court of the County of 
 
 day after 
 
 Judge of the 
 at such time and 
 
 place within the said county as the said Judge shall ap- 
 point (a)], to show cause why he should not pay to the 
 said [creditor) the debt due from him the said A. B. to 
 the said {debtor), or so much thereof as may be sufBcient 
 to satisfy the amount due and owing from the said 
 {debtor) to the said {creditor), under the decree [or order] 
 made in this cause, and dated, <Ssc. And take notice {^c, 
 as in No. 882.) 
 
 Motions to examine, and commit, judgment debtor. 
 
 753. 
 
 Notice of 
 motion for 
 examination of 
 debtor under 
 C. S. U. 0. cap. 
 24, sec. 41. 
 
 {Formal parts : see ante. No. 384.) 
 on behalf of the {execution ci editor) for an order for 
 {debtor) to attend before the Master of this Court at 
 
 the 
 
 at such time and place as the said Master shall appoint, 
 and submit to be orally examined upon oath touching his 
 estate and effects, and as to the property and means he 
 had when the debt or liability (6) which was the subject 
 of this suit was incurred, and as to the property and 
 means he .still hath of discharging the amount decreed {or 
 ordered) to be paid by him to the {execution creditor) in 
 this cause, and as to the disposal he may have made of 
 any property since conti'acting such debt or incurring such 
 liability. And take notice {&c., as in No. 382.) 
 
 754. 
 
 Affidavit in 
 support. 
 
 {Formal parts : see ante. No. 300.) 
 
 1. By a decree {or order) of this Honourable Court 
 
 made in this cause, and dated the day of, cfcr?., 
 
 the {debtor) was ordered to pay to the {execution creditor) 
 forthwith {or as may be) the sum of $ . 
 
 2. On the day of, c&c, writs of fieri facias 
 
 against the goods and chattels and lands and tenements 
 of the said {debtor) were issued in this cause, directed to 
 
 the Sheriff of the County of , in which county the 
 
 said {debtor) resides, requiring the said Sheriff to levy the 
 amount so ordered to be paid by the said (debtor) to the 
 said {creditor). 
 
 3. The said Sheriff, on the day of, <&c. [returned 
 
 fa) See 0. S. U. C. cap. 22, sees. 289, 292. 
 (&) \vhere the claim is for costs only, say ' 
 be paid by him in this suit was incurred." 
 
 ' when the liability for the costs ordered to. 
 
INTERLOCUTORY PROCEEDINGS — JUDGMENT DEBTOR. 441 
 
 the said writ against the said (debtor's) goods " nulla 
 bona "], or [informed me by letter that the said (debtor) 
 has no goods and chattels in his the said SheriiF's baili- 
 wick, and that he will be compelled to return the writ 
 against the said (debtor's) goods " nulla bona "], and the 
 execution against the said (debtor's) lands is still in the 
 hands of the said Sheriff wholly unsatisfied (or as may be.) 
 
 4. No part of the said sum of $ so ordered to be 
 
 paid by the said (debtor) to the said (creditor) has been 
 paid to him, and the whole of the said sum still remains 
 due and unsatisfied (or as may be.) 
 
 (Formal parts : see ante, JVo. 384.) 
 on behalf of the (creditor) for an order that a writ of ^ . 755. 
 capias ad satisfaciendum may issue out of this Honour- motion to com- 
 
 able Court, directed to the Sheriff of the County of , SJltttenSance, 
 
 to commit the said (debtor) to the common gaol of the <"■ ™s='*'sfactor'y 
 
 1 . S T 1 answers, or 
 
 said county, for such period not exceedmg twelve months for concealing 
 
 as to the Referee in Chambers may seem fit , on ^th hi"^ ^'^^^ 
 
 the ground that [without sufficient excuse he did not at- property. 
 tend to be examined, Or upon his examination had] before 
 
 A. B., Esquii;e, the Master of this Court at , under 
 
 the order made in this cause oh the day of, (fee. [the 
 
 said (debtor) did not make satisfactory answers. Or refused 
 to disclose his property or his transactions respecting the 
 same] in the following particulars that is to say (state 
 concisely the particulars in which the debtor's answers are 
 alleged to be unsatisfactory, or he failed to disclose his pro- 
 perty or transactions) [Or it appeared that the said (debtor) 
 had concealed or made away with (specify the property) 
 being the property of the said (debtor) in order to defeat 
 or defraud his creditors or some of them.] And take 
 notice, (^c , as in No. 382.) 
 
 It must be shown on the application in what County 
 the debtor resides and if necessary an affidavit- showing 
 that fact must be filed, and when the motion is to commit 
 for non attendance, due proof of service of the order and 
 Master's appointment must be adduced. 
 
 (Formal parts : see ante, JSfos. 338-9.) 
 
 It is ordered that a writ of capias ad satisfaciendum ^^.^^^tf fommit 
 do issue out of and under the seal of this Court, directed debtor." ™'""' 
 to the Sheriff of the County of in which County 
 
442 
 
 FORMS AND PRECEDENTS OF 
 
 the said {debtor) resides requiring the said Sheriff to take 
 the said (debtor) into his custody, and to commit him to 
 
 the common gaol of his said County for the space of 
 
 months for that, {here state shortly the ground upon which 
 the debtor is eommitted.) 
 
 757. 
 
 Notice of motion 
 for administra- 
 tion order, under 
 Order 468, being 
 Schedule U 
 referred to in 
 that order. 
 
 CHAPTER X. 
 
 Proceedings Originating before a Judge or the 
 Referee, in Chambers. 
 
 Section I. — Administration of Estates on Motion. 
 
 In the matter of the Estate of E. F., late of the Township 
 of Vaughan, in the County of York, deceased. 
 A. B. against C. D. 
 To C. D., Executor of E. F., deceased, (a) 
 
 Take notice, that A. B., of the City of Toronto, in the 
 County of York, Esquire (or other proper descri/ption of 
 the party), who claims to be a creditor upon the estate of 
 the above named E. F., wiU apply to the Referee in 
 Chambers of the Court of Chancery, in Chambers, at 
 
 Osgoode HaU, in the City of Toronto, on the day 
 
 of , 18 — , at the hour of , or if opposed, then 
 
 to a Judge in Chambers, so soon thereafter as a Judge 
 shall be sitting in Chambers, for an order for the admi- 
 nistration of the estate, real and personal, of the said 
 E. F., by the Court of Chancery ; and upon such appli- 
 cation will be read the affidavits of (State the materials 
 upon which the application is founded) this day filed. 
 
 If you do not attend either in person or by your 
 sohcitor at the time and place above mentioned, such 
 order will be made in your absence as may seem just 
 and expedient. 
 
 Dated, &c. G. H., 
 
 Solicitor for the above named A. B. 
 
 758. 
 
 Affidavit in 
 support of an 
 administration 
 order by a 
 ^jreditor. 
 
 (Formal parts : see ante. No. 300.) 
 ' 1. State the amount, and nature of the debt ; and any 
 existing security for its payment, or negative the exist- 
 ence of any such security. 
 
 2. Prove that the defendants are the proper persons to 
 
 (a) If administration of realty also desired, some party interested in the realty must 
 also be notified, unless the party moving be so interested himself. See Ord. 472. 
 
I^'TERI OCUTOKY I'liOCEEDINGS— ADMINISTRATION ORDER. 443 
 
 he sued; as thus: The said John Thomas died on or 
 
 about the day of , 18— ; and probate of his 
 
 will has [Or, letters of administration of his personal 
 estate have] been gx-anted to the defendant WiUiam Jack- 
 son [or as niay be], and he is now the sole personal repre- 
 sentative of the said John Thomas deceased. 
 
 3. Shmv means of hnotoledge. 
 
 If administration of realty is sought, some ground 
 should be laid for it, thus : 
 
 4. I have apphed to the said William Jackson for pay- 
 ment of my said debt, and I have been informed by the 
 said William Jackson that the personal estate of the said 
 John Thomas, deceased, come to his hands is insufficient 
 for the payment of the debts of the said deceased, and he 
 has refused, and still refuses, to pay my said debt. 
 
 5. The said John Thomas died seised of or otherwise 
 well entitled to the following lands (describe them shortly), 
 and I believe that it is necessary that the same, or some 
 part thereof, should be sold, for the payment of the debts 
 of the said deceased. 
 
 {Foi^mal parts : see ante, No. 300) 
 
 1. State, succinctly, the nature of the bequest; as thus : 759, 
 The above named John Thomas, by his will dated the fjf ^o^t'o^^,, 
 
 day of , 18 — , bequeathed to me all his house- admmistrati.n 
 
 hold furniture and effects [Or, a legacy of $400, payable specTecfpecu- 
 three months after his death — Or, one-fifth of the residue °Sary 
 
 of his personal estate and effects — Or, an annuity of $80, legatee (a). 
 during my life.] 
 
 2. Prove that the defendant is the proper person to be 
 sued ; as thus : The .said John Thomas died on or about 
 
 the day of , 18 — , and probate of his will has 
 
 been granted to the defendant WiUiam Jackson [or as 
 may be.] 
 
 3. Show that the bequest has not been satisfied ; os 
 thus : The household furniture and effects bequeathed to 
 me as aforesaid have not yet been delivered to me [O, 
 Ine legacy of §400 bequeathed to me as aforesaid re- 
 mains due to me from the said testator's estate — Or, The 
 share of residue bequeathed to me as aforesaid has not 
 been accounted for, or paid to me — Or, I am now entitled 
 to the said annuity of !i580 bequeathed to me as aforesaid ; 
 but no provision to secure the due payment thereof has 
 been made — or as may be.] 
 
 4. Show means of knoviledge. 
 
 (a) This application cannot be mode until a. year has elapsed from the death of the 
 testator. 
 
444 FORMS AND PEECEDENTS OF 
 
 760. {Formal parts : see ante, No. 300.) 
 
 next wu (or Stotc the death of the •person whose estate is to be ad- 
 ministered, and show that the applicant is one of the 
 next of kin ; as thus : 1. The alcove named John Thomas 
 
 died on or about the day of , 18 — , a bachelor, 
 
 and intestate ; and without leaving any father, mother, 
 sister or brother him survi\dng. 
 
 2. The said John Thomas was the son of Charles 
 Thomas, late of, &c. The said Charles Thomas had two 
 children only ; that is to say : (1) the said intestate John 
 Thomas ; and (2) my father, Francis Thomas. 
 
 3. The said Francis Thomas died on or about the 
 
 day of , 18 — . The said Francis Thomas had three 
 
 children only ; that is to say : (1) my brother, the de- 
 fendant Edward Thomas ; (2) my sister Mary, now the 
 wife of William Hughes, of, <fcc. ; and (3) me the de- 
 ponent. 
 
 4. As a child of the intestate's said brother Francis 
 Thomas, I claim to be one of the next of kia of the said 
 intestate John Thomas ; and, as such, to be entitled to a 
 distributive share of his personal estate. Such share has 
 not been paid, or accounted for to me. 
 
 Show that the defendant is the proper person to he 
 sued ; as thus : 5. Letters of administration of the per- 
 sonal estate of the said John Thomas have been granted 
 to the defendant Edward Thomds [or as may &e.] 
 
 761. {Formal parts : ses ante, No. 300.^ 
 
 Affidavit in 
 
 support of°an State, succincth/, the nature of the applicant's interest 
 order'by'^iper undcr the wHl, and the persons to be sued ; as thus : 1. 
 son interested in The above named John Thomas, by his will dated the 
 
 day of , 18 — , devised all his real estate to 
 
 the defendant Edward Styles, upon trust to sell and con- 
 vert the same into money, and invest such money as 
 therein mentioned ; and to pay the income to accrue from 
 such investment unto the testator's wife, Louisa Thomas, 
 for her hfe; and after her death, to I'aise the sum of 
 81,000 out of the said trust estate, and pay the same to 
 me, on my attainment of the age of twenty-one years ; 
 and the said testator appointed the defendant William 
 Jackson executor of his will. 
 
 2. The said testator died on the day of , 
 
 18 — ; and probate of his will was on the day of 
 
 , 18 — , granted to the defendant William Jackson. 
 
 (a) This application cannot be made until a year has elapsed from the death of the 
 testator. 
 
INTERLOCLTTORY PROCEEDINGS — ADMINISTRATION ORDER. 445 
 
 3. The defendant Edward Styles accepted the trust re- 
 posed in him by the said will ; and he converted the testa- 
 tor's real estate into money, and made certain investments 
 out of the proceeds thereof 
 
 4. The testator's widow the said Louisa Thomas died on 
 
 the day of , IS — ; and I attained my age 
 
 of twenty-one years on the day of , 18 — . 
 
 /). I am now entitled to receive the said sum of $1,000 ; 
 but the defendant Edward Styles refuses or neglects to 
 pa}- tire same to me. 
 
 C. Shoiv means of knowledge. 
 
 In Chanceiy. 
 
 Between — A. B Plaintiff. 762. 
 
 uiirl Judge's or 
 
 ''"" Referee's ap- 
 
 C. D Defendant, pomtmentm 
 
 The day of — ■■ is hereby appointed to pro- referred to iu 
 
 ceed {Rere state the nature of the business for luhich the schlduie k''^"^ 
 appointment is viade) when all parties are to attend at ™«JJ**™|^* ■" 
 Chambei-s in Osgoode Hall, in the city of Toronto, at the 
 
 hour of . 
 
 ( To be signed by Judge, or Referee.) 
 
 XoTE. — If you do not attend either in person or by 
 3'oui- solicitor, at the time and place above mentioned, 
 such order wdU be made and proceedings taken in your 
 absence, as may seem just and expedient. 
 
 G. H., solicitor for 
 
 (Formal parts : see ante. No. 382.) 
 on the part of A. B., and C. D., the executors of the will 763. 
 [Or administrators of the personal estate] of the above b5°pei-smiS"-e°" 
 named (John Thomas), presentative- 
 
 That, until the account of debts and liabilities affecting (i) to restrain 
 the personal estate of the said (John Thomas), directed to la ""b? aTedtt 
 be taken by the order made in this matter dated the ?^(,|Jf^'^["a,f' 
 
 day of , 18 — , has been taken thereunder, account. 
 
 G. H., of (Residence and addition) : who has, or claims 
 to have, a demand upon the estate of the said (John 
 Thomas), by reason of a debt or liability due from such 
 estate : may be restrained from proceeding with the action 
 commenced by him in Her Majesty's Court of Queen's 
 Bench at Toronto [or as may be], against the said A. B., 
 and C. D., to enforce his said demand and from com- 
 
446 
 
 FORMS AND PRECEDENTS OP 
 
 (2) to restrain a 
 creditor from 
 proceeding at 
 law, where the 
 account has 
 been taken and 
 certified. 
 
 (3) to deposit a 
 fund to answer 
 contingent 
 liability. 
 
 meacing or prosecuting any other action against the said 
 A. B., and C. D., for or in respect of the said demand. And 
 take notice (<fcc., as in Wo. 382.) 
 
 That G. H., of {Residence and addition) — If so: who, 
 
 by the Master s report, dated the day of , 
 
 18 — , and made in this matter pursuant to the order 
 therein dated the day of , 18 — , is certi- 
 fied to have a demand upon the estate of the said (John 
 
 Tliomas) to the amount of $ [or as may be, as in 
 
 report] — may be restrained, by the order and injunction 
 of this Honourable Court, from proceeding with the action 
 {Continue as par. 1 to the end, and add ;) until the fur- 
 ther order of this Court. 
 
 1. That they may be at liberty to pay into Court, to 
 the credit of this matter to an account to be. entitled : 
 " Fund to answer the testator's contingent liability to E. 
 
 F.," the sum of $ ; and that the same may be laid 
 
 out in Dominion stock, and the- interest thereon accumu- 
 lated. 
 
 2. That the said fund may be deemed to be a fund set 
 apart and appropriated out of the estate of the said (John 
 Thomas) to answer the contingent liability to E. F., by 
 
 the Master's report dated the day of , 18 — , 
 
 allowed in respect of the covenant entered into by the said 
 (John Thomas) with him, as therein paentioned [09* as the 
 facts may 6e]. 
 
 3. That any person interested in the said fund may be 
 at liberty to apply as he may be advised. And take 
 notice &c., as in No. 382.) 
 
 Section II. — Sales of Infants' Estates. 
 
 . 764. In Chancery. 
 of ifaiits''estate In the matter of E. B and F. B., infants under the 
 
 X^xtf^io.-' age of twenty-one years. 
 
 To the Honourable the Judges of the Court of Chancery. 
 The humble petition of E. B. and F. B., both of the 
 
 Village of B , in the County of , infants 
 
 under the age of twenty-one years, by M. B. of the same 
 place, widow, their mother and next friend, and the said 
 M. B. (a) 
 Sheweth : 
 
 1. Your petitioners E. B. and F. B. are two of the child- 
 ren of A. B., late of the Village of B , in the County 
 
 (a) The petition is to be presented, in the name of the infant, by his guardian or by 
 a person applying by the same nptit.inn t.o bp n.nnnintofi n., nii-,ii,r, g„„ n-j lioo _ 
 
INTERLOCUTORY PROCEEDMGS — SALES OF INF'TS' ESTATES. 447 
 
 of , (farmer), who died intestate on the day 
 
 of , in the year 18 — . 
 
 2. The said A. B. left him surviving your petitioner 
 M. B., his widow, and five children only, namely G., who 
 is of the fuU age of twenty-one j^ears, and is now married 
 
 to one A. W., of the township of , yeoman, H. B., 
 
 of the to-\\Tiship of , yeoman, who is also of the full 
 
 age of twenty-one years, J. B., who subsequently died 
 
 intestate, unmarried and without issue, on the day 
 
 of , and your petitioner E. B., being twelve years of 
 
 age, and your petitioner F. B., being nine years of age. 
 
 3. The said A. B. never had any other children, and 
 your petitioners and the said G. W. and H. B. are his 
 sole and only heirs and heiresses at law. 
 
 4. Your petitioner M. B. was duly appointed by the 
 
 Surrogate Court of the County of , and she is now 
 
 the sole administratrix of the estate of the said A. B., de- 
 ceased. 
 
 5. The said A. B. died possessed of a small amount of 
 personal property, consisting of household furniture, 
 which was of the aggregate value of, and actually realized 
 S300, and farm stock, consisting of a small quantity of 
 grain, a few farming implements, and a few head of 
 cattle, which was of the aggregate value of, and actually 
 realized 8400 ; but the said personal property has been 
 all exhausted in the payment of debts due by the said 
 A. B. at the time of his death, and his funeral and testa- 
 mentary expenses, (a) 
 
 6. There still remain due from the estate of the said 
 A. B. divers debts amounting in the aggregate to the sum 
 
 of S , and the creditors to whom the same are due are 
 
 pressing tor payment, and threaten, and will, unless they 
 be paid without delay, take legal proceedings to recover 
 the same out of the real estate hereinafter mentioned, and 
 your petitioners are apprehensive that the estate of the 
 said A. B. wiE be put to great costs and expenses in con- 
 sequence of such proceedings. 
 
 7. The said A. B. was, at the time of his death, seized 
 of the following real estate, namely, village lot number 
 
 one, on the north side of W Street, in the said Village 
 
 of B , containing a quarter of an acre, and lot number 
 
 ■5 in the 6th concession of the Township of , in the 
 
 County of , containing 200 acres, (b) 
 
 8. The said village lot was used by the said A. B. for a 
 garden, and for one year since his death was rented for 
 that purpose ; but, with that exception, it has been and 
 
 (o) See Ord. -ISO. 
 (6) See Ori. 629. 
 
448 FORMS AND PRECEDENTS OF 
 
 now is vacant and unproductive, and the same cannot be 
 made productive except by the erection of a building 
 thereon ; but your petitioners have no means of erecting 
 a building upon the said lot, and the said G. W. and H. B. 
 are nnwilling to join your petitioners in raising money 
 by mortgage of the said lot, in order to put up a building 
 thereon. 
 
 9. The said lot could not in any event be rented in its 
 present condition for more than $20 per annum, and 
 taxes. 
 
 10. The taxes upon the said village lot amount to $ 
 
 per annum, and your petitioners E. B. and F. B. have no 
 
 means to meet their share thereof, and there is now $ 
 
 of taxes in arrear upon the said lot and the same is ad- 
 vertised for sale on the day of next, and will 
 
 then be sold for taxes unless the arrears be sooner paid. 
 
 11. One R. L. of the said village of B. , merchant, 
 
 has offered to purchase the said village lot for the sum of 
 
 $ which your petitioners are advised is a fair price 
 
 for the same, and the said G. W., H. B. and your petitioner 
 M. B. have agreed to concur in a sale of the said lot to the 
 said R. L., at that sum, and yoar petitioners E. B. and 
 F. B., submit that their interests require and will be sub- 
 stantially promoted by the acceptance of the offer of the 
 said R. L. 
 
 12. Upon the said lot number 5 there is a small saw 
 miU, but the same has not been worked since the death of 
 the said A. B., and is now greatly out of repair and neither 
 your petitioners nor the said G. W. or H. B., have any 
 means for repairing the same and the said lot has been 
 since the death of the said A. B. wholly unproductive. 
 
 13. The said last mentioned property is well timbered 
 and of the value of $ , and the said saw mill and tim- 
 ber constitute the principal value of the said lot, but by 
 reason of the danger of fire -spreading to the said lot dur- 
 ing the summer months the same is liable to be greatly 
 depreciated in value. 
 
 14. Your petitioners submit that from the nature of the 
 property it would be inexpedient to attempt to rent the 
 said lot. 
 
 15. The amount requii-ed to place the said mill in pro- 
 per repair is about the sum of $ but even if that sum 
 
 could be raised and expended upon it your petitioners and 
 the said G. W. are unable and the said H. B., although 
 able is unwilling to work the said mill, and your peti- 
 tioners submit that it is not advisable to expend any 
 money upon the said mill nor to attempt to hire any per- 
 son to work the same. 
 
PROCEEDINGS IN CHAMBERS — SALES OF INFANTS' ESTATES. 449 
 
 16. Your petitioaers submit that it is necessary as well 
 for the payment of the debts remaining due by the estate 
 of the late A. B., as also for the interest of your petition - 
 ei-s E. B. and F. B., that ths said lot 5 should be sold, and 
 the said G. W. and H. B., and your petitioner M. B., are 
 willing to consent to the same being sold under the order 
 and direction of this Honourable Court. 
 
 17. Your petitioner M. B. is willing to release her dower 
 in all the said real estate, and also her interest therein in 
 right of the said J. B. deceased, and to accept in lieu there- 
 of such gross sum as this Honourable Court may think 
 reasonable. 
 
 18. Your petitioners E. B. and F. B. further show that 
 they have no other property or means of livelihood except 
 their interest ia the said real estate, and that by reason 
 of their tender years they are unable at present to earn 
 anything towards defraying the expenses of their main- 
 tenance and education. 
 
 19. No guardian has been appointed for your petitioners 
 E. B. and F. B., but your petitioner M. B., is willing to be 
 their guardian if appointed by thi^ Honourable Court. 
 
 20. Your petitioners E. B. and F. B are now attending 
 
 the Public School in the said Village of B , and they 
 
 submit that it would be for their benefit that they should 
 be enabled to attend school continuously until they re- 
 spectively attain the age of fifteen years. 
 
 21. Your petitioners E. B. and F. B. further submit that 
 in the event of the said real estate being sold, that their 
 respective shares in the purchase money should be in- 
 vested under the order and direction of this Honour- 
 able Court, and that the interest which may accrue on 
 their respective shares together with so much of the 
 principal money as may be required to make up the 
 sum of S120 per annum for each of your petitioners E. B., 
 and F. B., untU they respectively attain the age of fifteen 
 years should be applied towards their maintenance and 
 education, and that thereafter the interest only of their 
 said shares should be applied towards their maintenance 
 until they respectively attain the age of twenty-one years. 
 
 Your petitioners therefore, pray : 
 
 1. That the offer of the said R L., to purchase 
 the said village lot, number six, may be accepted 
 and that upon payment of his purchase money 
 into Court, a conveyance may be made to him 
 of the said lot. 
 
 2. And that the said lot number five may be 
 29 
 
450 FORMS AND PRECEDENTS OF 
 
 ordered to be sold by public auction, private con- 
 tract or tender as may seem best. 
 
 3. That an account may be taken of the debts 
 remaining due by the estate of the said A. B., 
 and that the same may be ordered to be paid 
 out of the proceeds of the said sales. 
 
 4. That the shares of the said G. W., H. B., 
 and M. B., in the said purchase money may also 
 be ascertained and paid to them out of the pro- 
 ceeds of the said sales. 
 
 5. That the costs of this matter may be also 
 ordered to be paid out of the proceeds of the 
 said sales. 
 
 6. And that the shares of your petitioners E. 
 B. and F. B., may be invested under the direc- 
 tion of this Honourable Court, and that such 
 suitable provision may be made thereout for the 
 maintenance and education of your petitioners 
 E. B., and F. B., as in the twenty-first paragraph 
 of this petition mentioned, or in such other man- 
 ner as to this Honourable Court shall seem 
 proper. 
 
 7. And your petitioners farther pray that the 
 said M. B., or some other fit and proper person 
 may be appointed the guardian of your peti- 
 tioners E. B. and F. B., during their minority. 
 
 8. And that all proper direction may be given 
 and accounts taken, and that your petitioners 
 may have such further and other relief as to this 
 Honourable Court may seem just. 
 
 And your petitioners "will ever pray, &;c. 
 
 7Q5, In Chancery. 
 Examination of (Full Style of inatter.) 
 
 age of seven The examination of the above named infants E. B. and 
 
 under cw™632. F. B., taken before me apart, imder the provisions of 
 
 Consolidated General Order 532, this day of , 
 
 18 — , at my Chambers, in the City of . 
 
 E. B. being examined by me, says : I am a son of the 
 
 late A. B. He died in the month of ,18 — . I am living 
 
 with my mother, M. B. I have heard read the petition in 
 this matter. I am now twelve years of age. I understand 
 that the object of the petition is to obtain the sanction of 
 the Court of Chancery to the sale of the two lots men- 
 tioned in the petition, and to have my share of the pro- 
 ceeds of the sale applied, so far as may be necessary. 
 
PROCEEDINGS IN CHAMBERS — SALES OF INFANTS' ESTATES. 451 
 
 towards my support and education ; and also, that my 
 mother may be appointed my guardian. I consent to the 
 prayer of the petition ; and I think it wUl be for my 
 interest that the land should be sold, and that my mother 
 should be appointed my guardian. I understand that I 
 am entitled to a fifth share in the two lots, and that my 
 share cannot be sold without my consent. I know that 
 the village lot is l}'ing vacant, and that nothing is got for 
 it. I have seen the mill on the other lot. It is out of 
 order. It has not been working since my father died, so 
 far as I know. It is not far from B. I often go out 
 there. My mother is kind to me. I am attending the 
 public school at B. I can read and write. I am in the 
 second book. My sister F. goes to school with me. 
 
 E. B. 
 Here the Master may properly add such observations 
 
 as to the intelligence or otherivise of the child, as he may 
 think necessary for the information of the Court. 
 
 F. B. being examined by me, says : I am a daughter of 
 
 the late A. B. Father died in , 18 — . I am living 
 
 with my mother. I cannot read. No one has read the 
 petition in this matter to me. I don't know what it 
 means, or what it is about. (I explain that the object of 
 the petition is to obtain the sanction of the Court of 
 Chancery to the sale of the two lots mentioned in the 
 petition, and for the appointment of M. B. as guardian for 
 the said F. B. She appears to me to understand the 
 explanation I give her, and states) : Having heard the 
 object of the petition explained to me by the Master, I 
 consent to it. I think it would be best that the lands- 
 should be sold. I know that I am entitled to a share in 
 the two lots mentioned in the petition, and I understand 
 that my share cannot be sold without my consent. My 
 mother is kind to me. I should like her to be appointed 
 my guardian. I am attending the public school at B. 
 
 I have been going there since last. I think it 
 
 would be best for me that I should be allowed to attend 
 school until I can read and write well. I am now nine 
 
 years old. 
 
 F. B. 
 
 I certify that the foregoing examinations of the said 
 E. B. and F. B. were taken by me, apart, at my Cham- 
 bers, at the City of , on , the day of , 
 
 18 — , rmder the provisions of the ConsoKdated General 
 
 Order 532. 
 
 A. B., 
 Dated this Master at (a) 
 
 (a) The examination is to be annexed to the petition. See Ord, 532. 
 
452 FORMS AND PRECEDENTS OF 
 
 766. In Chancery. 
 
 M^"fp?o- i^ull Style of matter) 
 
 ^ction ot J certify that the above named infant C. D. was on 
 
 seven years. this day of , 18 — , produccd beforc me, at my 
 
 Chambers, at — , and that he appeared to me to be 
 
 under the age of seven years. 
 
 A. B., 
 Dated, &c. Master at . 
 
 767. In Chancery. 
 5ftrs"es*in"up. {Shortened style of matter.) 
 
 port of petition. Examination of witnesses taken before me vivd voce in 
 support of the petition in this matter under the provisions 
 of Consohdated General Order 533, at my Chambers at 
 
 , this day of , 18 — . 
 
 A. B., of , in the County of , farmer, being 
 
 called on the part of the petitioners, and being duly 
 sworn, states : — I knew the late A. B., &c. 
 
 A. B. 
 I certify that the foregoing depositions were taken 
 before me vivd voce under the provisions of Consolidated 
 
 General Order 533, at my Chambers, at , this 
 
 day of . 
 
 N. W., 
 Master at . 
 
 sold. 
 
 768. In Chancery. 
 SVoLuy"'' (^«^^. %^« 0/ 'f'^tter.) 
 
 interested with I^ H. B., of , in the County of , yeomau, 
 
 BoiSit to te do hereby consent that the lands and premises mentioned 
 in the petition in this matter, namely, village lot number 
 six, &c. (describing land as in ths petition), be sold under 
 the direction of this Honourable Court, and I agree to 
 joia ia the conveyance to the purchaser, and to accept 
 such part of the purchase money as may be awarded to 
 me by this Honourable Court. 
 Dated, &c. 
 
 H. B. 
 Witness, 
 F. W. 
 The consent must be verified by affidavit. See ante, 
 No. 331. 
 
 769. In Chancery. 
 g^TwherHh; (Full Style of matter.) 
 
 KoidKb^cct , I' C. D., of — -— , in the County of , merchant, 
 
 to a mortgage, the mortgagee of lot number, &c. (describing it as in the 
 petition), do consent that the said lot be sold freed from 
 
PROCEEDINGS IN CHAMBERS— SAI.ES OF INFANTS' ESTATES. 453 
 
 my said mortgage, under the order of the Court of Chan- 
 cery to be made in this matter, and I do hereby agree to 
 accept payment of my mortgage debt out of the proceeds 
 of the sale to be had under such order, and upon such 
 payment to release and discharge my said mortgage. 
 Dated, &c. 
 
 CD. 
 
 Witness, 
 
 F.W. 
 This consent must be verified by affldavit. See ante, 
 No. 331. 
 
 In Chancery. 
 
 (Full style of matter.) 
 
 I, M. B., of , in the County of , widow of 770. 
 
 A. B., deceased, do hereby consent that lots (describe land Sidow tVLie, 
 as in the petition) be sold under the order of this Honour- ^hwrshe'^doM' 
 able Court to be made in this matter, freed from my no' jp™ ™ *• 
 dower, and I do hereby agree to join in the conveyance p*'"""' 
 of the same, and to accept such gross sum out of the pro- 
 ceeds of such sale, in lieu of my said dower, as this 
 Honourable Court shall think reasonable. 
 Dated, &c. 
 
 M. B. 
 Witness, 
 F.W. 
 TTiis consent must be venjied by affidavit. See ante, 
 Xo. 331. 
 
 In Chancery. "1 
 
 In Chambers. / , the day of , A.D. 18— 771. 
 
 In the matter of A. B., C. B., and D. B., all infants infants "estatl," 
 under the age of twenty-one years. °'°- 
 
 ]. Upon the humble petition of the above named in- 
 fants by J. B., of , in the County of [farmer], 
 
 their father and next friend, and of the said J. B., presented 
 unto this Court this day, upon reading the said petition, 
 and the depositions taken before the Master in ordinary 
 and the Masters of this Court at Belleville and Kingston, 
 and the examination of the said petitioners A. B. and C. B., 
 taken before the Master in ordinary and the said Master 
 at Kingston, and the certificate of the said Master at 
 Kingston as to the said petitioner D. B., and upon hearing 
 the solicitor for the said petitioners, and it appearing that 
 it is necessary, for the maintenance and education of the 
 said infants, that [part of] the lands in the said petition 
 mentioned should be sold, or it appearing that the lands 
 
454 FORMS AND PRECEDENTS OF 
 
 in the said petition mentioned are exposed to waste and 
 dilapidation, or to depreciation, by reason of {stating cause), 
 and that the interest of the said infants requires and will 
 be substantially promoted by a sale of the said premises, 
 and it appearing that J. B. is a fit and proper person 
 to be appointed guardian of the above named infants 
 and their estates : 
 
 2. It is ordered that the said J. B. be and he is hereby 
 appointed guardian of the said infants, he first giving 
 security to the satisfaction of the Master of this Court at 
 Kingston, before he in any way intermeddles with the 
 estate of the said petitioners by virtue of this order. 
 
 3. It is further ordered that the following lands, being 
 all and singular those certain parcels or tracts of land 
 and premises in the said petition mentioned {or if a part 
 only is to he sold, describe lands to he sold specifically^ [be- 
 ing part of the lands in the said petition mentioned], be 
 forthwith sold with the approbation of the said Master at 
 
 Kingston, freed from the mortgage of [and the 
 
 dower of ], in the said petition mentioned, by 
 
 public auction, tender or private contract, and for cash or 
 on credit, or partly for cash and partly on credit, as to 
 the said Master shall seem best. 
 
 4. And it is ordered that the purchaser or purchasers 
 do pay his or their purchase money into Court, to the 
 credit of this matter, subject to the order of this Court, 
 and the said Master is to settle the conveyance or con- 
 veyances to the purchaser or purchasers, and all proper 
 parties are to join therein as the said Master shall direct, 
 and the said Master is to execute the said conveyance on 
 behalf of the said infant D. B. 
 
 5. And it is ordered that the said Master do take an 
 
 account of the amount due to the said in respect 
 
 of their mortgage [and also fix a sum in gross to be 
 
 allowed to the said in lieu of dower], and to tax to 
 
 them their costs of this matter. 
 
 6. And it is ordered that the said Master do inquire 
 and state of what the fortune of the said infants consists, 
 and what (if anything) would be a proper sum to be 
 allowed for the future maintenance and education of the 
 said infants during their minority, having regard to the 
 amount of their fortune and position in life [and the 
 ability of their said father to maintain them], and for 
 what time such allowance should be paid. 
 
 7. And it is further ordered that the said Master do 
 tax to the said petitioners their costs of this matter be- 
 tween solicitor and client. 
 
PROCEEDINGS FOR APPOINTMENT OF GUARDIANS. 455 
 
 8. And it is further ordered that the said iwrchase 
 money when paid into Court be applied— 
 
 First. In payment of the amount found due to 
 
 upon their said mortgage [and of the sum in gross to be 
 
 aJlowed to the said in lieu of dower], according to 
 
 their priorities, to be settled by the said Master. 
 
 Second. In payment of the costs of the said petitioners 
 between solicitor and client. 
 
 9. And it is ordered that the residue of the purchase 
 money be invested for the benefit of the said infants in 
 equal shares and such part of the income thereof [and 
 also of the principal money of their respective shares] as 
 the said Master shall direct, be paid to the guardian for 
 the said infants from time to time for the maintenance 
 and education of the said infants, and the residue of the 
 said shares, with any interest which may accumulate 
 thereon, be paid to the said infants respectively as they 
 shall respectively attain their majority, unless this Court 
 in the meantime make any other order concerning the 
 same. 
 
 Section III. — Appointment and Removal of Guardians. 
 
 In Chancery. 
 
 {Title of the caicse or m,atter.) 
 (Proceed as in No. 382 ; and continue thus) : on the 772. 
 part of the plaintiff [Or, defendant— Or, above named] Krappoln?" 
 A. B., an infant, by C. D., of (Residence and addition), "'^'^\.°'^.,^ 
 
 ■u ■ _L i!^ ■ 1 mi i,i-iX-r-./ry ■. /, , ' guardian of the 
 
 ms next tnend, — Ihat the said C. D. (State degree of rela- person, where a 
 tionship, if any, to the infant; as thus: the maternal ro" """""^'"^ 
 uncle of the said infant), or some other proper person, 
 may be appointed the guardian of the pei-son of the said 
 A. B. during his minority, or until further order — And, 
 if desired, a direction for payment of the costs of the 
 application : see post, No. 77S, par. 3. 
 
 (Proceed as in No. 382 ; and continue thus) : on the X^^i\h 
 part of the above named infant A. B., by the above person and 
 named C. D., of (Residence and addition), his next oniy.°~''"'"°''' 
 friend : 
 
 1. That the said C. D. (State degree of relationship, if 
 
 {a) Where it is considered more advisable to file a petition, it can be readily frame d 
 from the affidavit : post. No. 774, clauses 1 to 6. It must, of course, be the petition of 
 the infant by his next friend. Where the infant is of unsound mind, not so found ; 
 tee post. No. 785 ; and where the appointment of a guardian is desired for the purpose 
 of concurring on behalf of infant in a special case. See post. No. 813 
 
456 FORMS AND PRECEDENTS OF 
 
 any, to the infant; as thus: the brother of the said 
 infant), or some other proper person, may — If so : upon 
 giving security — be appointed the guardian of the person 
 and estate — Or, the guardian of the estate — of the said 
 A. B. during his minority, or until further order. 
 
 // the guardian is to pass accounts, add : 2. And that 
 the said C. D., or other such guardian, may from time to 
 time pass his accounts, and pay the balances which shall 
 be certified to be due from him into Court to the 
 credit of this matter ; and that such balances may be in- 
 vested in [Dominion Stock] ; and the interest to accrue 
 thereon, and aU accumulations of interest, be invested in 
 like manner [or as may 6e.] 
 
 // any provision as to costs is necessary, a,dd : 3. And 
 that the costs of this application may be taxed as between 
 solicitor and client; and that the said C. D., or other 
 such guardian, may retain and pay the same out of any 
 moneys of the said infant which may come to his hands, 
 and be allowed the same on passing his said accounts 
 [or as may be.} 
 
 , 774. In Chancery. 
 
 AfBdavit in sup- /nrxl j: j.1. jj\ 
 
 port of appiica- (J %tie oj the causc or matter.) 
 
 a^arf^^.""' We, C. D., of (Residence and addition), and W. R., of, 
 (fee, severally make oath and say as foUows : — 
 
 And first I, the said C. D., for myself, say as follows : 
 
 1. I am the person proposed to be appointed the guar- 
 dian of the above named infant A. B. [Or, A. B., the in- 
 fant named in the notice of motion , in this matter, 
 
 dated the day of , 18 — , or as may he]. 
 
 2. Show infant's age ; as thus : The said A. B. is now 
 
 of the age of years, and upwards. He is " A., son 
 
 of C. and L. B." 
 
 3. Show nature and amount of infant's fortune ; as 
 thus: The said A. B. is absolutely entitled, under the 
 will of his maternal uncle E. F., late of (Residence and 
 addition), deceased, to the following properties, namely : 
 
 (1) A freehold estate, being part of lot 7, in the 8th 
 concession of G., in the county of H., containing about 
 80 acres, and held by L. M. on lease at $120 a year. 
 
 (2) $800 Dominion Stock standing in the names of 
 R. S. and T. W., the trustees of the wiU of the said 
 E. F. 
 
 (3) $500 cash in the hands of the said R. S. and T. 
 W., arisen from the dividends on the said stock. 
 
 The said A. B. is also entitled under the said will, in 
 remainder expectant on the death of N. F., to a life in- 
 
PROCEEDINGS FOR APPOINTMENT OF GUARDIANS. 457 
 
 terest in Dominion Stock, also standing in the names of 
 the said R. S. and T. W., the trustees thereof. 
 
 4. Show what relations the infant has; as thns : The 
 only relations of the said A. B. now Hving are : — (1) This 
 deponent, his maternal uncle ; (2) S. H., wife of T. H., of 
 (Residence and addition), the half-sister of the said A. B. ; 
 and (3) R. D. V., the half-brother of the said A. B., who 
 is a captain in Her Majesty's army, and is now stationed 
 with his regiment at Bombay, in the East Indies. 
 
 5. Shoiv where the injant is 7ioiv residing, and under 
 whose care; as thiLS : The said A. B. was, at the time of 
 the death of his father C. B., which happened on the 
 
 , 18 — , and is now residing, as a scholar, at 
 
 college, . 
 
 6. State uillingness to act as guardian; as thus: I 
 am willing to act as the guardian of the person and estate 
 [or as may be] of the said A. B., during his minority, in 
 case this Honourable Court shall think fit to appoint me ■ 
 to that office. 
 
 7. Show means of knmvledge. 
 
 And I, the said W. R., for myself, say as follows : 
 
 8. Show fitness of proposed guardian; as thus: I 
 know, and have for years last past been well ac- 
 quainted with, the deponent C. D. The said C. D. is 
 married, and has three children, namely : a son of the age 
 
 of years ; and two daughters of the respective ages 
 
 of and years. The said C. D. resides with his 
 
 wife and children at {state where). In my judgment and 
 belief the said C. D. is a fit and proper person to be ap- 
 pointed the guardian of the person and estate [or as may 
 be~\ of his nephew the said infant A. B. : for the following 
 reasons (state them). 
 
 Sworn, &c. 
 
 In Chancery. 
 
 (ShoH title.) 
 I, the undersigned C. D., of (Residence and addition), 775. 
 do hereby consent to accept the office of guardian of the guardian to act^ 
 person and estate [or as may be], of the above named 
 infant A. B. [or as may be], in case the Court of Chancery 
 shall think fit to appoint me to that office. Dated this 
 day of , 18—. 
 
 Signed by the said C. D. ) 
 
 CD. 
 
 in the presence of 
 
 J. K. 
 
 This consent should be verified by affidavit. See ante, 
 No. 331. 
 
458 FORMS AND PRECEDENTS OF 
 
 776. Know all men by these presents, that we, A. B., of 
 
 .fiLn"th^per- {Resideuce and addition), C. D, of, &c., and E. F, of, &c., 
 sons and estotos a,re jointly and severally held and firmly bound unto A. N. 
 andVm^e" ° B., Esquire, Accountant of the Court of Chancery, in the 
 
 penal sum of $ of lawful money of Canada, for 
 
 which payment well and truly to be made to the said 
 A. N. B., his heirs, executors, administrators, successors 
 in office, or assigns, we bind ourselves, and each of us by 
 himself, our and each of our heirs, executors, and admi- 
 nistrators respectively, firmly by these presents. 
 
 Sealed with our seals, and dated this day of , 
 
 in the year of our Lord . 
 
 Whereas by an order of the Court of Chancery for 
 
 Ontario, made in a certain cause wherein are 
 
 plaintifis, and defendants {Or, in a certain 
 
 matter wherein A. B. by C. D., his next friend, was peti- 
 tioner], dated the day of , 18 — , it was ordered 
 
 that it should be referred to the Master of this Court, 
 
 [at ], to appoint some fit and proper person to be 
 
 guardian of the persons and estates of G. F. and M. F. 
 [nam,ing the infants'] (a). And whereas the said Master 
 hath appointed the said above bounden A. B. as such 
 guardian, and hath approved of the above bounden C. D. 
 and E. F. as sureties for the said A. B., and hath also 
 . approved of the above written obligation, with the under- 
 written condition, as a proper security to be entered into 
 by the said A. B., C. D., and E. F., pursuant to the said 
 order and the General Orders of the said Court in that 
 behalf, and in testimony of such approbation hath signed 
 an allowance in the margin hereof Now the condition 
 of this obligation is such, that if the above bounden A. B. 
 ■ do and shall, according to the practice of the said Court, 
 as often as he shall be required, make a just and true 
 account of the personal estate, and rents and profits of the 
 real estate of the said G. F. and M. F., and each of them, 
 as now are, or shall hereafter come to the hands, custody, 
 or possession of the said A. B., and which he may receive 
 out of or concerning the said estate, and shall carefully 
 observe, perform, and keep the orders and directions of 
 the said Court touching or concerning the said G. F. and 
 M. F., or either of them, their, his, or her estate, and 
 touching aU such moneys as shall remain due upon the 
 foot of his accounts duly taken by the said Master, and 
 shall be careful to see the houses, buildings, and structures 
 of the said G. F. and M. F., and of each of them, to be 
 
 (a) Where the order appoints the guardian, and merely refers it to the Master to 
 .settle the security, the recital will have to be varied accordingly. 
 
PROCEEDINGS FOE REMOVAL OF GUARDIANS. 459 
 
 well and sufficiently repaired, and so kept and maintained, 
 during the continuance of the said wardship, and shall 
 carefully preserve and keep all the deeds, evidences, and 
 writings touching the lands and estates of them the 
 said G. F. and M. F., and each of them, as now are, or 
 shall hereafter come to his hands, custody, or possession, 
 and shall provide for the persons of the said G. F. and 
 M. F., and for their safety, and shall not sell or alienate 
 his interest in the said custody or wardship to any person 
 or persons whomsoever, without the order of the said 
 Court having been first obtained in that behalf, and do 
 and shall not permit or suffer the said G. F. and M. F., 
 or either of them, during the said wardship, to marry 
 without the consent of the Court, but shall in all things 
 demean himself as a careful and faithful guardian of the 
 person and estates respectively of them the said G. F. 
 and M. F., then the above obligation shall be void and of 
 none effect, otherwise the same is to be and remain in 
 fuU force and virtue, (a) 
 Sealed, signed and delivered ) 
 in the presence of j 
 
 Proceed as in No. 772, ante, to further order ; and add : 777, 
 
 Notice of motion 
 
 in the place of X. Y., his present guardian \0r, now de- to remove a 
 ceased— Or, who has intermarried with W. U.— or as |™'-^^;^"„,i^^.^ 
 may he — and add, if desired, a direction for payment of fy^y^^f^^y 
 the costs of the application. See ante, No. 7731. death, or by the 
 
 •^ -*- -^ marriage of a 
 
 female guardian. 
 
 (Formal parts : see ante, No. 300.) 
 
 1. Show how the guardian sought to be removed, or de- .^778. 
 
 , . _ ' ■ . 7 Affidavit m sup- 
 
 ceased, or marrud, was appotnted. port 
 
 ' 2. Show the grounds for such removal — or prove such 
 death or marriage. 
 
 3. Show the fitness to be appointed of the proposed 
 guardian, and his consent to act. 
 
 i. Show with whom, or under whose care, the infant is 
 living. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the infant plaintiff [or as may he}, by C. D., jjotiJJf motion 
 
 of , his next friend, that the said infant may be at foj^^'j^™^*' take 
 
 liberty to accompany J. R. P. {guardian) on an intended jSrhdirtion. 
 visit to the L. C. R., in the K. of S. : on the undertaking 
 
 (a) For affidavit of execution, see ante. No. 331 ; and for affidavit of justification by 
 sureties, see ante, No. 401. 
 
460 FORMS AND PRECEDENTS OF 
 
 of the said J. R. P. that the said infant shall return within 
 the jurisdiction of this Court within (two months) from 
 this time; or immediately, if so ordered by this Court. 
 
 780. In Chancery. 
 
 Undertaking to (fthnrt tiH,P^ 
 
 bring infant [CillOn nue.) ■ jy , r\ T\ 
 
 back. j^ j^ -Q tjie guardian of the person of the infant O. v., 
 
 do hereby undertake that the said infant shall return 
 
 within the jurisdiction of this Court within months 
 
 from this time ; or immediately, if so ordered by this 
 Court, or any Judge thereof 
 
 Dated this day of , 18 — . 
 
 A. B. 
 
 781. (Formal parts : see ante, No. 384.) 
 
 to SendTm^" ou the part of the infant plaintiff [or as may be], by C. D., 
 
 for return of the gf ^ hig next friend, that the time limited by the 
 
 order dated , 18 — , for the return of the said infant 
 
 within the jurisdiction of this Court, may be extended 
 
 until the day of , 18 — , on the undertaking of 
 
 W. H. H., one of his guardians, that he shall return within 
 the jurisdiction within the last mentioned time. 
 
 Section IV. — Maintenance and Advancement. — Man- 
 agement of Property of Infants. 
 
 782. [Formal parts : see ante. No. 384.) 
 
 J^o^r^n auo™°e ou the part of the infant plaintiff, by C. D., of , his 
 
 for maintenance, ^g^t friend [or as may he : see ante, No. 772.] 
 
 That the sum of $ per annum may be allowed for 
 
 the maintenance and education of the said infant, as from 
 
 the day of , 18 — , and for the time to come, 
 
 during his minority, or until further order. 
 
 If guardian of the person he also guardian of the 
 estate, add: And that such allowance may be retained 
 and applied by W. F., the guardian of the person and 
 estate of the said infant, by equal half-yearly payments 
 
 on the day of , and day of , out of 
 
 the income of the said infant's estate : the first of such 
 
 payments to be retained on the day of , 18 — . 
 
 Or if a receiver has been appointed, or another person 
 is guardian of the estate, add : And that such allowance 
 may be paid by W. F., the guardian of the estate of the 
 said infant [Or, the receiver appointed in this cause], by 
 
PROCEEDINGS FOR MAIXTEXAXCE OF IXFANTS. 461 
 
 equal haJf-yeaxly payments {as above) ; and that he may 
 be allowed the same on passing his accounts. 
 
 Or if to be paid out of a fund in Court, add : And that 
 such allowance may be paid to W. F., the guai-dian of the 
 said infant, by equal half -yearly pajrments (as before), out 
 
 of the interest to acci-ue from time to time on the § 
 
 Dominion Stock standing in the name of the Accountant- 
 General, to the credit of this cause [or as may be~\. 
 
 Add, if d(sired, a direetion as to the taxation and 
 payment of the costs of the application : see ante, No. 773. 
 
 (Formal parts : see ante, Xo. 300.) 
 
 1. Shoiv the aqe of the infant, the nature and amount i„^.Tf?,; .,„,. 
 
 P -, . . 7 7»xj 7 7' •7* Affidavit in sup- 
 
 of his fortune, what relations he has, where he is residina, port of motion 
 
 T *^ T 1 J -\-^ ^1- A for allowance for 
 
 and under irhose care : see ante, i\o. i /4. maintenance. 
 
 2. Show that the fu nd proposed to be operated upon fen- 
 maintenance is available for that purpose. 
 
 3. Show that the sum sought to be allowed for mainte- 
 nance is a proper amount; and set forth, in a Schedule, 
 a scheme for the application thereof, under the following 
 or similar heads : — 
 
 School bills 
 
 Clothing 
 
 Pocket money . . 
 
 Medical attendance 
 
 Maintenance, Travelling, and 
 
 Incidental expenses in vacations 
 
 Total 
 
 {Formal parts : gee ante, No. 384.) 
 
 on part of the infant plaintiff A. B., by C. D. of , 784. 
 
 his next friend [or as m^y be], that the sum of S per ,^;?t'inc?eat°" 
 
 annum may be allowed, in addition to the sum of S "^ maintenance. 
 
 per annum allowed by the order dated the day of 
 
 J 18 — , making together S per annum, for the 
 
 maintenance and education of the said infant A. B., as 
 
 fi-om the day of , 18 — , and for the time to 
 
 come during his minority ; and that such increased allow- 
 ance of S a year may be raised and paid in the same 
 
 manner as the said allowance of $ is directed to be 
 
 raised and paid by the said order of the day of , 
 
 18 — \or as may be]. — Add, if desired, a direction for 
 payment of the costs : see ante, Ko. 773. 
 
462 FORMS AND PRECEDENTS OF 
 
 785. In Chancery. 
 appd™ment of In the matter of A. B., an infant under the age of 
 a guardian, and twentv-one vcars, and a person of unsound mind, 
 
 allowance for j. jr J 
 
 maintenance of nOt SO lOUnO.. 
 
 sound^t^ot To the Honourable the Judges of the Court of Chancery. 
 
 80 found. ' ^}jg humble petition of A. B., of , an infant 
 
 under the age of twenty-one years, and a person of un- 
 sound mind, not so found, by C. D., of (Residence and 
 addition), his next friend. 
 Showeth as foUows : 
 
 1. Show state of mind of the petitioner ; as thus : Your 
 petitioner is a person of weak or unsound mind ; but he 
 has never been so found by inquisition or other proceed- 
 ing in lunacy. 
 
 2. Show the age of the petitioner. 
 
 3. Show the nature and amount of the petitioner's for- 
 tune ; and that the fund proposed to he operated upon 
 for maintenance is available for that purpose. See ante. 
 No. 774. 
 
 4i. Show what relations the petitioner has. 
 
 5. Show where the petitioner is now residing, and un- 
 der whose care. 
 
 6. It will be for the benefit and advantage of your 
 petitioner that the said C. D. should be appointed guardian 
 
 of his person and estate ; and that an allowance of $ 
 
 should be made for his maintenance out of the income of 
 his said property. 
 
 Your petitioner therefore humbly prays : 
 
 1. That the said C. D. or some other proper 
 person may be appointed the guardian of the 
 person of your petitioner during his minority, 
 or until farther order. 
 
 2. That the costs of this application may be 
 
 taxed, and raised and paid out of the said $ 
 
 Dominion Stock [or as Tnay be]. 
 
 3 .That out of the interest to accrue from time 
 to time on the residue of the said stock, the 
 
 annual sum of $ may be allowed for the. 
 
 maintenance of your petitioner; and be paid 
 half yearly to his said guardian, until further 
 order. 
 
 4. That the residue of the said interest may 
 be laid out in like stock, and accumulated. 
 
 Or that this Honourable Court (Conclude as 
 in No. 387, ante.) 
 
PROCEEDINGS FOR APPRENTICING INFANTS. 463- 
 
 ( Formal parts : see ante, JS^o. 300.) 
 
 1. See ante, No. 788, pars. 1—3. 786. 
 
 •2. Prove hy a medical man the present state of mind o/^"port''o'f'peti- 
 the petitioner or applicant : see post, No. 803. ^°^^ °'' motion- 
 
 {Formal parts : see ante, No. 384) 
 on the part of the plaintiff [or as m,ay he : see ante, No. 787. 
 
 'T'70~| Notice of mo- 
 
 J* ^ ^ tion for leave to. 
 
 1. That the said infant may be placed out as an articled "■"^'"'^y ^ ^^ 
 clerk [Or, apprentice] with A. B., of (Residence and ad- infant. 
 dition), for the purpose of being instructed in the profes- 
 sion \0r, trade] of a . 
 
 2. That S may be allowed as a proper premium to 
 
 be paid to the said A. B., and the further sum of $ for 
 
 the outfit of the said infant. 
 
 3. That proper articles of clerkship \0r, a proper in- 
 denture of apprenticeship] may be approved by . 
 
 4. That upon the execution of such articles [Or, inden- 
 ture] by the parties thereto (State how the premium, out- 
 jit, and costs are to be raised ; as thus :) 
 
 E. F., the guardian of the said infant, may, out of the 
 rents and profits of his estate, pay to the said A. B. 
 
 the said premium of $ ; and apply the said 
 
 $ for such outfit. 
 
 Or, C. D., the trustee of the will of E. W., deceased — 
 Or, B. C, the receiver appointed in this cause — ^may, 
 out of the rents and profits of the said infant's estate,. 
 
 pay the said premium of $ to the said A. B., 
 
 and pay the said outfit of $ to the said E. F. ; 
 
 on the undertaking of the said E. F. to apply the 
 
 same for that purpose. Or, the said sum of $ 
 
 and S may be raised out of the $ Dominion 
 
 Stock standing in the name of the Accountant-Gene- 
 ral to the credit of this cause [or a^ may he] ; and 
 
 that out of the money thereby arising the said $ 
 
 may be paid to the said A. B,, and the said $ 
 
 to the said E. F. (o&c. ; as last above.) 
 
 5. Add, if desired, a direction as to the costs : see ante. 
 No. 773. 
 
 788.. 
 
 (Formal parts: see ante. No. 300.) 
 
 1. The (above named) infant G. H. is now of the age tj^il^x. 
 
 of years. He has, of his own free wiU, chosen to be support. 
 
 brought up to the profession [Or, trade] of a ; and 
 
464 FORMS AND PRKCEDENTS OF 
 
 wishes to be articled [Or, apprenticed] to learn such pro- 
 fession [Or, trade.] In my opinion, he is physically 
 adapted for such profession [Or, trade.] 
 
 2. I have for years last past known, and been well 
 
 acquainted with, A. B., of (Residence and addition of 
 
 maMer) ; and during years last past he has been 
 
 continuously and extensively engaged in his profession 
 [Or, trade] of a . 
 
 3. The said A. B. resides with his wife and family ; and 
 from my knowledge of him, and from inquiries I have 
 made of various persons also acquainted with him, I be- 
 lieve the said A. B. to be a person of good moral character, 
 of respectability and integrity, and weU versed in the 
 
 said profession [Or, trade] of a . In my judgment 
 
 and opinion, the said A. B. is a fit and proper person to 
 have, and fully competent to instruct, an articled pupil 
 [Or, apprentice] in the said profession [Or, trade.] 
 
 4. The said A. B. is willing to take the said infant as 
 an articled clerk [Or, apprentice] in his said profession 
 [Or, trade] for a term of years, on being paid- a pre- 
 mium of % . 
 
 5. I have made inquiries of various persons engaged in 
 
 the said profession [Or, trade] of ; and am informed 
 
 by them, and believe, that the said premium of % is 
 
 a reasonable and proper sum to be paid to a person in the 
 position of the said A. B. 
 
 6. The said infant wiU require an outfit on his being 
 articled [Or, apprenticed]; and, from inquiries I have 
 
 made on the subject, I believe the sum of $ will be a 
 
 necessary and proper sum to be allowed for such outfit. 
 
 Section V. — Marriage and Marriage Settlements of 
 Wards of Court. 
 
 789. {Title — and address: see ante, No. 388.) 
 
 Ikt miri^e'oj" The humble petition of A. B., of {Residence and 
 
 ward of Court. addAtion), the guardian of the above named 
 
 plaintifi^ G. D., an infant [or as may be], 
 Showeth as follows : 
 
 1. Show how infant has become a ward of Court ; as 
 thus : This suit has been instituted by the said plaintifi" 
 C. D., by E. F., her next friend, for the purpose of having 
 the estate of G. D., deceased, the father of the said C. D., 
 administered under the direction of this Honourable 
 Court. The said C. D. is, under the will of the said G. D., 
 entitled to one-fourth of the clear residue of his personal 
 estate, which is of considerable value. 
 
PSOCEEDINGS RELATING TO MARRIAGE OF WARDS. 465 
 
 2. Show present age of infant ; as thus : The said C. D, 
 
 IS now of the age of years : having been born on the 
 
 day of , 18 — . 
 
 3. Shmu appointment of guardmn, if any; as thus: 
 By an order made in this cause [or as may be], dated the 
 
 — day of , 18 — , your petitioner was appointed 
 
 the guardian of the said C. D. during her minority, or 
 until fui-ther order. 
 
 i. Show the grounds for the belief that a clandestine 
 marriage isjn contemplation; and' ivith whom ; and, if 
 S't, that the intended wife, or husband, is not a fit person. 
 
 Your petitioner therefore humbly prays, that the 
 said X. Y. and C. D. (intended husband and 
 icife) may be restrained from intermarrying; 
 and from having any interview, intercourse, or 
 communication with each other, in any manner 
 whatsoever. 
 
 Or that this Honourable Court {Conclude as in 
 Xo. 387, ante.) 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff \or as may he\, that A. B., 790. 
 of (Residenxie and addition), maybe committed to prison Notice ot motion 
 for a contempt of this Honourable Court in having mar- husband, tor 
 ried the infant defendant E. F. without the leave of the ^S™ cogent 
 said Court. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of A. B., the guardian of the above named 791. 
 infant C. D. \or as may be\ that an inquiry may be made S? taqiiir?'^'™ 
 whether the said infant C. D. has contracted a vahd ™i]^iity of mar- 
 marriage with F. G., of {Residence and addition), and"'*^" 
 under what circumstances ; and in case a vahd marriage 
 has been contracted, that a proper settlement of the for- 
 tune of the said infant may be approved by the Court. 
 
 {Proceed as in No. 789, ante, to end of par. 3.) 
 
 4. Show grounds for the belief that a inarriage has 792. 
 
 taken place ; with whom, when, and where ; and by whose ukl!*'™ ^"^ ""* 
 
 connivance. 
 
 30 
 
466 FORMS AND PEECEDENTS OF 
 
 Your petitioner therefore humbly prays, that 
 an inquiry may be made whether the said in- 
 , fant C. D. has contracted a valid marriage with 
 the said F. G., and under (Continue as in last 
 Form, to the end.) 
 
 Or that this Honourable Court (Gontvnue as 
 in 1^0. 387, ante, to the end.) 
 
 marry. 
 
 793. In Chancery, 
 i^lvefor'award (Title of the causB Or matter in which the in- 
 
 of Court to fant is a ward of Court.) 
 
 To the Honourable (see ante. No. 388.) 
 
 The humble petition of the above named infant 
 E. R, by G. H., oi (Residence and addition), her 
 testamentary guardian [or as may be], 
 Showeth as follows : 
 
 I — 3. Show how the infant has become a ward of Court 
 — the infant's age — and the appointment of a guardian, 
 if any : as in No. 789. 
 
 4. Show, concisely, the state of the infants fortune ; and 
 how invested. 
 
 5. J. K., of (Residence and addition), has made pro- 
 posals of marriage to your petitioner: which proposals 
 she has, with the sanction and approval of her said guar- 
 dian G. H., accepted, subject to the approbation of this 
 Honourable Court. 
 
 6. State, shortly, the age, rank, position in life, and 
 fortune of the proposed husband. 
 
 Your petitioner therefore humbly prays, that 
 an inquiry may be made whether the said 
 proposed marriage is a fit and proper marriage 
 for your petitioner; and if so, that your 
 petitioner and the said J, K. may be at liberty 
 to lay proposals before the Judge in Chambers 
 for a settlement on such marriage ; and that a 
 proper settlement of the property of your 
 petitioner may be approved, and be executed 
 by all necessary parties ; and that, upon the 
 due execution thereof, your petitioner and the 
 said J. K. may be at liberty to intermarry. 
 Add direction as to taxation and payment of 
 costt. 
 
 Or that this Honourable Court (Continue a» 
 in No. 387, ante, to the end.) 
 
PROCEEDINGS — SETTLEMENT OF PROPERTY OP WARDS. ,467 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the above named infant E. F., by G. H., 794. 
 her testamentary guardian [or as may be] : toM^ve'taa"" 
 
 1. That the applicant may be at liberty to accept pro- ward of court to 
 posals of marriage made to her by J. K., of [Residence 
 
 and addition^ 
 
 2. That a proper settlement prior to such marriage may 
 be settled and approved by the Judge. 
 
 3. That, upon the execution of such settlement by all 
 necessary parties, the applicant and the said J. K. may be 
 at liberty to intermarry. 
 
 4. Add direction as to taxation and payment of costs. 
 
 In Chancery. 
 
 {Short Title.) 
 The proposals of the infant E. F., and of J. K., 795. 
 for a settlement to be executed on their marriage, aettie'^nt," * 
 The property of the said E. F. consists of {State what). 
 The property proposed to be settled by the said J. K. 
 consists of {State what.) 
 
 The trustees proposed on behalf of the said E. F. are, 
 
 A. B., of {Besidence and addition) ; and C. D., of, Sc. 
 The trustees proposed on behalf of the said J. K. are, 
 
 B. C, of, Sc, and. X. Y., of, Sc. 
 
 It is proposed to vest the whole of the fortune of the 
 said E. F. in the said four trustees, upon the following 
 trusts {State the same shortly ; as thus : 
 
 Upon trust for the said E. F. till the marriage ; and 
 after the marriage, 
 
 Upon trust to pay the income to the said E. F., for 
 her separate use, but without power of anticipation, 
 during the joint lives of the said E. F. and J. K. ; 
 and after the decease of either, to pay the income to 
 the survivor for life. 
 
 After the death of the survivor, the corpus to be 
 held in trust for the children or remoter issue of the 
 marriage, as the said E. F. and J. K. shall jointly by 
 deed, and, in default, as the survivor shall by deed 
 or wiU, appoint ; and subject to any such appoint- 
 ment, in trust for the children of the marriage 
 equally : to vest in sons at twenty-one, and in daugh- 
 ters at twenty-one or marriage. 
 In default of issue, the corpus to be held in trust for 
 the said E. F., if she survives the said J. K. ; ftnd if 
 not, then in trust for her testamentary appointees, or 
 statutory next of kin, as if she had never been 
 married.) 
 
468 FOEMS AND PRECEDENTS OP 
 
 Power to be reserved to the said E. F., if she survives 
 the said J. K., to make a settlement, out of her fortune, on a 
 subsequent marriage : to the extent of one-half, if but one 
 child of the present marriage ; and of one-third, if two or 
 more such children. The settlement to contain an agree- 
 ment to settle any other or future property of the said 
 E. F., amounting, at any one time at the time of the ac- 
 quisition thereof in possession, to $ , except plate, 
 
 jewels and similar articles : which excepted articles are to 
 be held for her separate use. 
 
 Set out, in like Tnanner, the proposed trusts of the 
 property to be settled by the husband. 
 
 The settlement also to contain aU such provisions as to 
 maintenance, advancement, hotchpot, investment and 
 transposition, appointment of new trustees and reimburse- 
 ment, as the Judge may approve. 
 
 796. {Formal parts : see ante, No. 338.) 
 
 ^^^^oi™^ And this Court being of opinion that the proposed mar- 
 ward and set- riage between the said A. B. and the said infant C. D. is 
 outdeed. ' "^ a fit and proper marriage for the said infant ; and it 
 appearing that the property to which the said infant is 
 
 entitled consists of I , standing in the name of the 
 
 Accountant-General, to the credit of this cause ; and the 
 Court having approved the settlement hereinafter con- 
 tained, as a proper settlement to be made of the said 
 property upon or in contemplation of the said marriage, 
 doth sanction and approve the same ; and doth order that 
 the costs of the infant of this application and incident 
 thereto be taxed between solicitor and client ; and that, 
 upon the production of a certificate of the solemnization 
 
 of the said marriage, so much of the said -$ as will 
 
 raise the said costs and $200 be sold ; and that out of the 
 money to arise from such sale, the said costs be paid to 
 Mr. E. F., the applicant's solicitor, and the said $200 be 
 paid to G. H., the guardian of the said infant, for the out- 
 fit of the said infant : h'e undertaking duly to apply the 
 
 same ; and that the residue of the said $ be carried 
 
 over in trust ia this cause, " The account of the settlement 
 of C, the wife of A. B., and her children ; " and be thence- 
 forth held upon the following trusts ; namely : upon trust 
 for the said C. D. for her life, and, during any coverture, 
 for her separate use without power of anticipation. And 
 after her decease, in case the said A. B. shall survive her, 
 upon trust for him for his Hfe. And after the decease of 
 
PETITIONS BY TEUSTKES TO PAY TRUST FUND INTO COURT. 
 
 the survivor of them, upon trust for all, or any one or 
 more, exclusively of the other or others, of the children of 
 the said C. D., by her said intended or any future mar- 
 riage, as she shall, by deed or will, appoint; and in de- 
 fault of such appointment, and in so far as no such 
 appointment shaJl extend, ia trust for all the children, or 
 the child, of the said intended marriage, who being sons 
 or a son shall attain the age of twenty-one years, or, being 
 daughters or a daughter, shall attain that age, or marry 
 under that age ; and if more than one, in equal shares. 
 And in ease there shall be no such child who, being a son, 
 shall attain the said age, or, beiog a daughter, shall attain 
 that age or be married, then, in case the said C. D. shall 
 die xmdeT coverture, in trust for such person or persons as 
 she shall by her last will appoint ; and in default of such 
 appointment, in trust for the next of kin of the said C. D., 
 according to the Statutes for the Distribution of the Estates 
 of Intestates, as if she had never been married ; but in 
 case she shall survive her present or any future husband, 
 then in trust for the said C. D., her executors, adminis- 
 trators and assigns. And any of the said children who 
 shall take appointed shares shall bring such appointed 
 shares into hotchpot, with their brothers and sisters, tak- 
 ing in default of appointment. And it is ordered that, 
 after the said intended marriage, the interest to accrue on 
 the sums of annuities to be carried over as aforesaid be 
 from time to time, as the same shall accrue, paid to the 
 said C. D., on her separate receipt, during her life, or 
 until further order, (a) 
 
 Section VI. — Petitions by Trustees to pay Trust Fund 
 into Court. 
 
 In Chancery. 
 
 In the matter of the trusts of [the last will and testa- 797. 
 ment andcodicU thereto of A. W., deceased], and in the f/iSJ^ta^ 
 matter of the Imperial Act passed 10th and 11th SiSSLto 
 Victoria, chapter 96, intituled " An Act for better court. 
 securing trust funds, and for the relief of trustees " 
 — Add when applicable : and of the Imperial Act 
 12th and 13th Victoria, chapter 74, intituled "An 
 Act for the further relief of trustees,'' and the Con- 
 solidated Statutes of Ontario, formerly Upper Canada, 
 chapter 12 (b). 
 
 (a) Where the trust fund is to be vested in trustees, the order would direct the pay- 
 ment out of the fund to the trustees upon the celebration of the marriage. 
 
 (&) It is customary in England to refer to the Acts under which applications are made 
 to the Ck)urt under its statutory jurisdiction, in the heading of the proceedings as above, 
 but in this country, where the whole Jurisdiction of the Court is statutory, it would seem 
 
470 FOEMS AND PRECEDENTS OF 
 
 To the Honourable the Judges of the Court of Chancery. 
 The humble petition of E. H. of, &c., gentleman, and the 
 Reverend W. D., of the same place. Clerk in Holy Orders, 
 Showeth as follows : 
 
 1. That A. W., late of the City of Toronto, in the 
 County of York, and Province of Ontario, widow, deceased, 
 duly made and published her last will and testament, 
 
 bearing date the day of , 18 — , and on the 
 
 day of , 18 — , duly made and published a codicil 
 
 to the said will, and by the said will and codicil thereto 
 appointed your petitioners executors thereof, which said 
 
 will and codicil were on the day of , 18 — , duly 
 
 proved in the Surrogate Court of , and letters pro- 
 bate thereof granted to your petitioners. 
 
 2. That by the said will the said testatrix gave and 
 bequeathed to {Recite ^material part of will relating to the 
 trust fund in question ; as thus :) M. D., amongst others, a 
 legacy of $450, and by her said codicil she gave and be- 
 queathed to N. C. a legacy of $500. 
 
 3. The said A. W. departed this life on the day of 
 
 , 18 — , without having in any way revoked the said 
 
 wlU or codicil. 
 
 4. (Set out reason for claiming benefit of the Act ; as 
 thus ;) The said M. D. and N. C. are both infants under 
 the age of twenty-one years, the said M. D. being now of 
 
 the age of years, and the said N. C. of the age of 
 
 years. 
 
 5. Your petitioners submit to answer all enquiries and 
 to obey all orders which may be made by this Honourable 
 Court in respect of the said two several sums of money. 
 
 Your petitioners pray as follows : 
 
 1. That they may be allowed to pay the said 
 two several sums of money into this Honourable 
 Court, in this matter, to the credit of the said 
 M. D. and N. C. respectively, and that upon such 
 payment your petitioners and the estate of the 
 late A. W. may be released and discharged from 
 aU liability in respect thereof. 
 
 2. That your petitioners may have such 
 further and other relief as to this Honourable 
 Court may seem meet. 
 
 And your petitioners will ever pray, &c. 
 
 to be an unnecessary although a convenient practice. In England no order is necessary 
 to authorize the trustee to pay a trust fund into Court ; Re Bigg, 11 Beav. 27.— In this 
 country, however, it has been customary to apply on petition in Chambers for an order. 
 A trustee paying a trust fund into Court without any sulllcient reason may have to pay 
 the costs occasioned by his so doing. 
 
PETITIONS BY TRUSTEES FOK OBTAINING ADVICE OF COURT. 471 
 
 {Formal parts : see ante. No. 300.) 
 
 1. I am one of the executors named in the last will 798. 
 and testament of A. W., late of , widow, deceased. ^poS.' " 
 
 2. The exhibit now shown to me and marked A. is the 
 probate of the last will and testament and codicil thereto 
 of the said A. W., deceased. 
 
 3. M. D. and N. C, two of the legatees named in the said 
 will, are now infants under the age of twenty-one years, 
 and of the age of years and years respectively. 
 
 Sworn, &c. 
 
 ^) 
 
 (Formal parts : see ante, No. 339.) 
 
 1. It is ordered that the petitioners E. H. and the ^^Jf^- 
 Reverend W. D. bs at liberty to pay into Court in this application. 
 matter, to the credit of M. D., of , spinster, $ , 
 
 and to the credit of N. C, of , spinster, $ , sub- 
 ject to further order ; and upon such payment the said 
 petitioners and the estate of the said A. W. be discharged 
 in respect of the said sums. 
 
 2. And it is further ordered that when the said sums 
 shaU be paid into Court as aforesaid, a sufficient portion 
 of the unappropriated Dominion Stock now standing in 
 the name of the Accountant of this Court be appropriated 
 at current rates as an investment of the said moneys, and 
 that the dividends accruing on such investments be in 
 like manner from time to time invested until the said 
 M. D. and N. C. shall become entitled to be paid the said 
 sums, or until this Court shall make other order concern- 
 ing the same. 
 
 3. And it is further ordered that a copy of this order 
 be forthwith served on the said M. D. and N. C. 
 
 Section VII. — Petitions by Trustees for Advice under 
 
 29 Vic., c. 28, s. 31. 
 In Chancery. 
 
 In the matter of an Act of the 29th Victorise, c. 28, 800. 
 s. 31, intituled "An Act to amend the law of pro- fA'JJ^e'fo/ 
 perty and trusts in Upper Canada, I9 vil.,"^p" s, 
 
 and s. SI. 
 
 In the matter of the trusts of the will of A. P. 
 To the Honourable the Judges of the Court of Chancery. 
 The petition of G. T., of the City of Hamilton, Esquire, 
 Showeth as follows : 
 
 1. On the 11th October, 1860, A. P., widow of G. P., 
 
472 FORMS AND PBECEDENTS OF 
 
 late of the City of Hamilton, merchant, then residing in 
 the City of Hamilton, made a will purporting to be her 
 last will and testament, duly executed so as to pass real 
 estates, whereby she gave and devised aU the lands and 
 tenements, hereditaments, and real estate situate in the 
 Province of Canada, of or to which she should at her 
 death be seised or entitled, or of which she should at her 
 death have power to dispose by will unto and to the use 
 of the petitioner G. T., his heirs and assigns. The said 
 A. P. also thereby gave and bequeathed all the moneys, 
 securities for money, goods, chattels, credits, and personal 
 estate, situate or being within the said Province, of or to 
 which she should at her death be possessed or entitled, 
 or of which she should at her death have power to dispose 
 by will unto the said petitioner, his executors and admi- 
 nistratofs, and both the said devise of real estate and 
 bequest of personal estate were upon the trusts, and with, 
 imder, and subject to the powers, provisoes, and declara- 
 tions thereiQ contained of and concerning the same. 
 
 2. By her said will the testatrix gave to her son Charles 
 E. P. an annuity or yearly sum of £200 sterling during 
 his life, to be paid by equal half-yearly payments to Dr. 
 0., of Edinburgh, for the maintenance and support of his 
 said son ; but out of that sum, £20 sterling a year was to 
 be paid by the said R. 0. to her faithftil servant and 
 friend M. T. so long as she should remain with her son, 
 and it was her fervent hope and desire that she should 
 remain with him so long as they both should live. The 
 testatrix also gave to her father, S. T., the sum of £500 
 sterling, and to her sister, M. O., wife of the said Dr. 0., 
 the sum of £500 sterling, and to her executor, G. T., the 
 now petitioner, the sum of £500 sterling, and to the 
 British and Foreign Bible Society the sum of £500 ster- 
 ling, and the testatrix directed that the above mentioned 
 annuity and legacies should be paid by your petitioner 
 out of her real and personal estate in Canada. 
 
 3. The testatrix by her said will gave to your petitioner 
 power to sell the said real estate, and to coUect and get 
 in the said personal estate; and, after payment of the 
 annuity and legacies aforesaid, declared that yoTir peti- 
 tioner should invest the same in the manner therein 
 specified, and pay over yearly iinto her daughter A., the 
 wife of J. A. C, of the City of N. Y., for her sole and 
 separate use, independently of her husband, and free from 
 his debts, control, and engagements, the whole residue of 
 the yearly rents, profits, interest, and income of the said 
 trust estate, and after her death in trust as to the whole 
 
PETITIONS BY TRUSTEES FOR ADVICE AS TO TRUST. 473 
 
 of the residue of her real and personal estate in Canada 
 for the child or children of her said daughter A., then 
 living, and their heirs, and the issue of such as should be 
 dead, and their, his or her heirs, in equal shares, as 
 tenants in common ; and in default of cMld or children of 
 her said daughter A., in trust to pay to her said husband 
 £500 sterling ; and as to the residue of the trust estate in 
 trust for her late husband's nephews and niece, C. P., 
 S. P, A. P., and M. P., aU of L., the children of C. S. P., 
 of L., merchant, and their heirs, in equal shares, as 
 tenants in common. 
 
 4. The testatrix by her said will made devises and 
 bequests of her real and personal estate in England and 
 Scotland, and appointed your petitioner and R. 0. and 
 C. P. her executors, and stating her will and desire that 
 your petitioner, his executors, administrators, and assigns,, 
 should have the sole management and superintendence of 
 all her affairs, property and business in Canada, and 
 should prove that will there, and that the other executors 
 should act in the execution of her will in Scotland and 
 England. 
 
 5. On the 24th July, 1861, the said testatrix made a 
 codicil to her said will, duly executed so as to pass real 
 estates, whereby, among other things, she revoked the 
 bequest of the said annuity to her son, C. E. P., but so as 
 not to affect the bequest of the yearly sum of £20 to 
 M. T., which she thereby charged on her real and personal 
 estate in Canada, and directed to be remitted by your peti- 
 tioner'to Dr. O., to be by him paid to the said M. T., and 
 she thereby directed that the bequest to the British and 
 Foreign Bible Society should not be paid tiU after the 
 death of her daughter A., and then only in the event of 
 her dying without issue at the time of her death ; but in 
 the event of her leaving issue, then that the amount of 
 the said legacy should go to the issue, together with the 
 provision otherwise made for such issue by her will. 
 
 6. On the 19th February, 1872, the said testatrix, then 
 residing at Fairhe, in Ayrshire, in Scotland, signed a 
 testamentary paper, but not in the presence of witnesses, 
 nor attested in any manner, whereby, so far as her pro- 
 perty in Canada is concerned, she purported to make 
 the following disposition : — " To my husband's nephews, 
 S. S. P. and A. P., any property in shares, money or 
 lands I may possess in Canada at the time of my death, 
 after paying £500 to my beloved friends, G. and M. T., 
 of Hamilton, Ontario, Canada." And she thereby re- 
 quested S. and A. to be her trustees, believing that they 
 
h4).74 foems and peecedbkts of 
 
 would carry out her wishes, and below the signature to 
 the said paper she wrote, " I annul my former wiU, now 
 lying in Hamilton, Ontario, Canada, in the hand of G. T., 
 Esq. My agent ia Hamilton, who had my affairs in 
 charge, is J. S., Esq., Hamilton, Ontario, Canada." 
 
 7. The said testatrix died on the 10th January, 1873 ; 
 and probate of the said last mentioned testamentary 
 paper was, on the 23rd September, 1873, granted by the 
 Surrogate Court of the County of Wentworth to S. S. P. 
 and A. P., of the City of L., ia England, merchants. 
 
 8. The testatrix's son C. E. P., her father Dr. T. P., her 
 daughter A. C, her only grandchild, daughter of said A. C., 
 and her son-in-law J. A. C, aU predeceased the testatrix. 
 
 9. Your petitioner is advised that the testamentary 
 paper, signed at Fairlie, is effectual as a will of personal 
 property, but is not effectual as a revocation of the will 
 devising the real estate ; and the devise of the real estate 
 being upon trust for sale, and thus operating a conversion 
 into personalty, your petitioner is in doubt as to the 
 proper course for him to pursue, and he requests to be 
 advised if his proper course is or is not : 
 
 1. To seU the real estate in Canada, and pay the 
 charges made thereon by the said wiU and codicil, so 
 far as the same yet subsist, and divide the residue 
 in the manner pointed out by the will devising the 
 real estate. 
 
 2. Or to sell the real estate in Canada and pay 
 over the proceeds to the executors under the said 
 testamentary testament, to be by them applied as 
 directed therein by the testatrix. 
 
 Certificate of Counsel. 
 
 In my opinion the case above stated is a proper one 
 for the advice of a Judge of the Court of Chancery, 
 under the Act to amend the law of Property and Trusts 
 ia Upper Canada. 
 
 W. P. 
 
 Section VIII. — Proceeddngs relating to Lunatics. 
 
 . 801. In Chancery. 
 .dMeapereonV I^ the matter of A. B., a supposed lunatic. 
 
 .lunatic, (a) ipo the Honourable the Judges of the Court of Chancery. 
 The humble petition of C. B., of, &c., and R. D., of, &c., 
 Showeth : 
 
 1. That A. B., formerly of, &c., but now of, &c., now is 
 
 (a) A petition for a declaration of lunacy must be presented to a Judge in GiiamberS. 
 See Ord. 660. 
 
PROCEEDINGS RELATING TO LUNATICS. 475 
 
 and hath for eleven years past been so deprived of his 
 reason and understanding, that he is rendered altogether 
 unfit and unable to govern himself or to manage his 
 affairs, as by the affidavits filed in support of this petition 
 appears. 
 
 2. That the said A. B. is entitled to the following lands 
 and premises in fee simple, viz. (describe lands), which 
 
 are of the value of S , and which have been and now 
 
 are rented for an aggregate annual rental of $ [Or, 
 
 the said lands are wholly unproductive] (or as may he), 
 and he is also possessed of personal estate consisting of 
 (shortly describe it), which is of the aggregate value of 
 
 $ , and from which an annual income of $ is 
 
 derived (or as may he.) 
 
 3. The said A. B. is now of the age of years, and 
 
 has never been married. 
 
 4. From the day of until the day of 
 
 , the said A. B. resided with and under the care of 
 
 , but on or about the said last mentioned day he 
 
 was removed to the Provincial Lunatic Asylum at To- 
 ronto, where he has ever since continued to reside, and 
 now is residing. 
 
 5. Your petitioner C. B. is a brother of the said A. B., 
 and your petitioner R.D. is a son of W. D., formerly W. B., 
 now deceased, who was a sister of the said A. B., and the 
 said A. B. hath no other relatives resident in this Province. 
 
 6. Your petitioners submit that it is necessary and for 
 the interest of the said A. B. that some fit and proper 
 person should be appointed committee of the person and 
 estate of the said A. B. 
 
 Your petitioners therefore pray : 
 
 1. That a commission may issue out of and 
 under the seal of this Honourable Court to en- 
 quire as to the alleged lunacy of the said A. B., 
 or that the said A. B. may be declared to be a 
 lunatic. 
 
 2. That some fit and proper person may be 
 appointed committee of the person and estate of 
 the said A. B. • v ■ 
 
 3. That your petitioners may be paid theu- 
 costs of this matter out of the estate of the said 
 A. B. 
 
 4. That aU proper directions may be given, 
 and that your petitioners may have such further 
 and other relief as may seem just. 
 
 And your petitioners will ever pray, &c. 
 
476 FORMS AND PRECEDENTS OF 
 
 802. (Formal parts : see ante, No. 801.) 
 
 cS'^tos^'to 1. That the said A. B. (the supposed lunatic), for 
 
 f toatic.S"* several years last past carried on the business of a mer- 
 
 for appointment chant in the Town of . 
 
 of Committee. ^ jj^ ^jjg couTse of his dealings he became indebted 
 
 unto your petitioner C. D. in the sum of $ , and to 
 
 your petitioner E. F. in the sum of $ . 
 
 3. The said A. B. hath of late become so deranged in 
 his mind as to be totally incapable of managing his affairs, 
 as by the affidavits filed in support of this petition ap- 
 pears ; and his friends, to insure his safety as well as that 
 of others, have been under the necessity of putting him 
 in a place of confinement, and have incurred considerable 
 expenses in having proper care taken of his person, and 
 as far as in them lies of his property. 
 
 4. That the affairs and concerns of the said A. B. must 
 necessarily be entirely ruined, and all his adventures and 
 engagements rendered unproductive of any benefit to 
 himself or your petitioners, or others his creditors, unless 
 some person or persons properly quahfied be legally ap- 
 pointed to manage and conduct and superintend them. 
 
 .5. That the family and relations of the said A. B. live 
 in England, and none of them live or reside in the Pro- 
 vince of Ontario. 
 
 6. That some of the creditors of the said A. B., since 
 his lunacy, have commenced legal proceedings against the 
 said A. B., and are endeavouring to obtain priority in pay- 
 ment of their debts. 
 
 1. Your petitioners, therefore, as well on be- 
 half of themselves as of others the creditors of 
 the said A. B., pray that the said A. B. may be 
 declared to be a lunatic. 
 
 2. That some fit and proper person may be ap- 
 pointed committee of the person and estate of 
 the said A. B. 
 
 3. That the claims of your petitioners and of 
 the other creditors of the said A. B. may be as- 
 certained, and th&t proper provision may be 
 made for pajnnent of the same out of the estate 
 of the said A. B. 
 
 4. That your petitioners may be paid their 
 costs of this matter out of the estate of the said 
 A. B. 
 
 5. That all proper directions may be given, 
 and that your petitioners may have such further 
 and other relief as may seem just. 
 
 And your petitioners will ever pray, &c. 
 
PROCEEDINGS RELATING TO LUNATICS. 477 
 
 In Chancery. 
 
 In the matter of A. B., a supposed lunatic. 803. 
 
 I, C. D., of the City of , doctor of medicine, ^^^^f^ltS-P" 
 
 physician to the Provincial Lunatic Asylum at Toronto, *f lu^"'*"*""" 
 make oath and say : ° ™'^^' 
 
 1. That I have since the year 18 — been in the habit 
 
 of attending on the above-named A. B., formerly of , 
 
 ■who has been ever since the said year and now is a patient 
 residing in the Provincial Lunatic Asylum. 
 
 2. That I have always considered him a person of weak 
 intellect and eiToneous judgment, incapable of conducting 
 his own affairs, and if at Uberty, hable to offend public 
 decorum. 
 
 3. That the said A. B. hath a high opinion of himself 
 as an author, and sets great value upon two manuscripts 
 of his, one of which is a life of the Reverend J. W., tran- 
 scribed by himself from the printed work ; the other, 
 which he calls an original work, on things natural and 
 spiritual, consists also of a considerable number of de- 
 tached sentences transcribed from books which have 
 accidentally fallen in his way. 
 
 4. That he asserts, &c. {Set ov,t specifically other in- 
 stances of mental aberration.) 
 
 5. That he hath likewise many other aberrations of 
 intellect, which are somewhat difficult to describe, but 
 are sufficiently marked in his conduct, and which leave 
 no doubt in my mind that the said A. B. is a lunatic, 
 and whoUy unfit for the government of himseff and his 
 affairs. 
 
 6. That I saw the said A. B. at the said Lunatic 
 
 Asylum on the day of instant, and found that 
 
 he was still subject to the mental hallucinations which I 
 have hereinbefore described, and I am of opinion that his 
 lunacy is incurable. 
 
 Sworn, &c. 
 
 {Formal paHs : see ante, No. 803.) 
 
 I, E. F., of, &c., doctor of medicine, make oath and ^„ 804^ 
 
 say: 
 
 1. On the day of instant, I did, at the re- 
 quest of, &c., visit the above named A. B., at the house 
 
 of '—, situate, &c., for the purpose of ascertaimng 
 
 the state of mind of the said A. B. . ■, ■ t, ■■ 
 
 2 That I then and there examined the said A. B., and 
 from my examination I am decidedly of opinion that the 
 said A B is of unsound mind, and wholly incapable of 
 
478 FORMS AND PRECEDENTS OF 
 
 the management of himself or his affairs, or of the care of 
 property. 
 
 3. I further say that I formed such opinion as well 
 from Qiere give specific instances of mental aberration, 
 e. g.) the said A. B.'s extreme defect of memory and 
 understanding evident to me, and his want of all power 
 of continued attention, as also from the said A. B.'s 
 eagerly addressing himself to all appearance in whispers 
 to some painted figures and portraits hung in the room, 
 and that the said A. B.'s manner in so doing was, in my 
 judgment, very different from mere eccentricity of cha- 
 racter, and altogether inconsistent with rationality or 
 soundness of understanding. 
 
 Sworn, &c. 
 
 805. 
 
 .Another form. 
 
 (Formal parts : see ante, No. 803.) 
 
 1. I have for twelve years last past been well acquainted 
 and in habits of intimacy with the above named A. B., 
 and during that period have been his medical attendant, 
 and have often attended him in that capacity. 
 
 2. I lately observed that although the general bodily 
 health of the said A. B. continues good, yet that his 
 mental faculties are very obviously impaired, and that 
 such mental imbecUity has more particularly increased 
 during the last ten weeks, as is apparent from the iaco- 
 herency of his common conversation, and his signing any 
 instrument presented to him relating to his property and 
 affairs. 
 
 3. The said A. B. is of years of age, or thereabout, 
 
 and I am satisfied that he will not recover his former 
 mental faculties, and he is now entirely incapacitated, by 
 reason of his mental imbecility, for talong care of himself 
 or his property. 
 
 Sworn, &c. 
 
 806. 
 
 Another foTm. 
 
 {Formal parts : see ante. No. 803.) 
 
 1. The said A. B. is in so imbecile a state of mind as 
 to be totally inattentive to the natural evacuations from 
 his body, and is entirely incapable of assisting himself in 
 those respects, or in dressing himself, or being useful to 
 himself in any way whatever. 
 
 2. He conceives and declares poison to be mixed with 
 all his food and medicine, which he therefore constantly 
 refuses to take ; and he is constantly talking in appeair- 
 aaice to himself or to some invisible being, and often ^ves 
 
PROCEEDINGS RELATING TO LUNATICS. 47* 
 
 orders aloud, as if commanding an army or a fleet, in a 
 way and utterance unconnected and unintelligible. 
 
 3. I further say that, from these circumstances, and 
 from the said A. B.'s want of power to confine or give his 
 attention to anj- rational subject, and his whole demean- 
 our generally, I am convinced that the said A. B. is and 
 has been, during the last eighteen months, during all; 
 which time I have been in the habit of seeing and con- 
 versing with him constantly, of unsound mind and under- 
 standing, and altogether unfit for and incapable of the- 
 management of himself and his estate and affairs. 
 
 Sworn, &c. 
 
 {Formal parts: see ante, iVo. 803.) 
 
 1. That the above named A. B., is the only brother of ^^^^^Xy 
 my late mother, M. C, deceased, who was his only sister, relative residing 
 
 2. That the said A. B., is a bachelor, and I and my tohisimacy,°* 
 sisters B. C. and M. C, spinsters, are the only children of ^op^_''^. 
 the said M. C, and the only next of kin of the said A. B., 
 
 both the father and mother of the said A B. have been 
 dead many years past. 
 
 3. I have for several years past been acquainted and 
 conversant with the whole of the estates and property of 
 my uncle the said A B., and in the Schedule to this my 
 affidavit, I have set forth an account thereof, and of the 
 persons who occupy the same, the rents whereof accord- 
 ing to my computation, which I believe to be correct,, 
 
 amount in the whole to the annual sum of $ subject 
 
 to deductions for taxes. 
 
 4. I further say that the said A. B. is also entitled to 
 (here specify the personal property shortly) which is I be- 
 lieve of the aggregate value of $— — , and from which an 
 annual income of $ is derived. 
 
 5. I have resided with my uncle the said A. B., for the 
 last nine months, and I have lately applied to the tenants- 
 of his real estates for payment of their rents, but they 
 have refused alleging that by reason of the state of mind 
 of the said A. B., they cannot be compelled to pay their 
 rents to any person, nor can they be turned out of posses- 
 sion of the property. •.», i. i, 
 
 6. I am unable to maintain the said A. B. without be- 
 ing paid some portion of the annual income due and 
 owing to the said A B. 
 
 7 I am willing to act as the committee of the person 
 and estate of the said A. B. in case this Honourable Court 
 shall see fit to appoint me. 
 
480 
 
 FORMS AND PRECEDENTS OF 
 
 808. 
 
 Affidavit ol 
 fitness of 
 proposed 
 committee, (a) 
 
 (Formal parts : see ante, Wo. 803.) 
 
 1. I am well acquainted with C. B. of &c., , and 
 
 have been so for years past. 
 
 2. The said C. B. is a person of good character and of 
 steady, sober and industrious habits, and bears the charac- 
 ter of being and is in fact as I verily believe, an upright 
 honourable man. 
 
 3. The said C. B. is shrewd and capable in the tran- 
 saction of business, and I believe he is in every way a fit 
 and proper person to have the care and management of 
 the person and property of the above named A. B. 
 
 4. The said C. B. is accustomed to the management of 
 a farm and I believe if the management of the said A- B.'s 
 farm is committed to him he will work it to the best 
 advantage for the said A. B. 
 
 809. 
 
 Consent of 
 
 proposed 
 
 committee. 
 
 In Chancery. 
 
 In the matter of A. B. a supposed lunatic. 
 I, C. B. of &c., am willing and do hereby con- 
 sent to act as the committee of the person and estate [or 
 as may 6e] of the above named A. B., if this Honourable 
 Court shall see fit to appoint me. 
 Dated, &g. 
 
 (Signature.) 
 Witness. 
 
 To he verified by affidavit. 
 
 810. 
 
 Certificate of 
 judge to be 
 indorsed on 
 petition. 
 
 811. 
 
 Order declaring 
 lunacy and 
 appointing 
 committee. 
 
 I declare the within named A. B. to be a lunatic. 
 Dated, ^e. 
 
 S. H. S. 
 V. C. 
 
 In Chancery. 
 In Chambers. 
 V. C. B 
 
 (Date.) 
 
 In the matter of A. B. a lunatic. 
 Upon the humble petition of C. D. of &c.. 
 
 •pre- 
 
 sented unto the presiding Judge in Chambers this day, 
 and upon hearing read the said petition and the afiidavits 
 of, &c., and upon hearing what was alleged by the solici- 
 tor for the said petitioner. 
 
 (a) Affidavits of this kind should be framed with regard to the duties the proposed 
 committee will be called on to perform, and as far as practicable should b» made by 
 persons of known standing and respectability. 
 
PROCEEDINGS RELATING TO LUNATICS. 481 
 
 1. This Court doth declare that the said A. B. is a 
 lunatic. 
 
 2. And it is ordered [that G. D. of &c., be and he 
 
 is hereby appointed committee of the person [and estate] 
 of the said A. B., he first giving security to the satisfac- 
 tion of the Referee in Chambers {or Master of this Court 
 
 at ) in the sum of S , before he shall in anywise 
 
 intermeddle with the estate of the said lunatic, Or, that it 
 be referred to the Master of this Court at , to ap- 
 point some fit and proper person or persons, committee of 
 the person [and estate] of the said A. B., such committee 
 first giving security, &c., us above]. 
 
 3. And it is further ordered that the said committee 
 [when appointed] do once in each year or oftener if re- 
 quired, make a just and true account before the said 
 Master, of aU and singular the rents, issues, and profits 
 of the real estate, if any, of the said lunatic, and also of the 
 personal estate and the profits thereof as are now, or shall 
 hereafter come to his hands, custody or possession, or 
 which he may receive out of the said estate, and do also, 
 from time to time, pay into Court to the credit of this 
 matter, subject to further order, the balances which may be 
 found to be in his hands upon the footing of such accounts. 
 
 4. And it is further ordered that the costs of the said 
 petitioner in this matter be taxed between solicitor and 
 client, and paid out of the estate of the said lunatic. 
 
 K\OW ALL MEN BY THESE PRESENTS, that We, C. B., of, 812. 
 
 ^-c, E. F., of, &c., and G. H., of, &c., are jointly and severaUy Se'of^ETtkt. 
 held and firmly bound unto (A. G., of, fee, the Registrar), of Lunatic. 
 of the Court of Chancery, his executors, administrators 
 
 and assigns in the penal sum of S {double the amount 
 
 of the personal estate and of the annual rents and profits 
 of the real estate), to be paid to the said A. G., his execu- 
 tors, adnunistrators or assigns, or his or their certain 
 attorney or attorneys, for which payment well and truly 
 to be made, we, and each of us by himself, do biud our- 
 selves, our and each of our heirs, executors and adnunis- 
 trators firmly by these presents, sealed with our seals and 
 
 dated this day of, &c. 
 
 Whereas, by an order made by the Court of Chancery 
 
 for the Province of Ontario, dated the day of, &c., 
 
 and made " In the matter of A. B., a lunatic," it is de- 
 clared that the said A. B. is a lunatic, and it is by the 
 said order referred to the Master of the said Court at 
 31 
 
482 FORMS AND PRECEDENTS OF 
 
 -, to appoint some fit and proper person committee 
 
 of the person and estate of the said A. B., upon such 
 person giving security to the satisfaction of the said Mas- 
 ter before he should intermeddle with the estate of the 
 said A. B. {Where the order declaring the lunacy also 
 appoints the committee this recital must he varied accor- 
 dingly) And whereas the said Master hath approved of 
 the above bounden E. F. and G. H. as sureties for the said 
 C. B., and hath also approved of the above written obli- 
 gation, with the underwritten condition as a proper se- 
 curity to be entered into by the said C. B., E. F. and G. H., 
 pursuant to the said order, and the Statute in that be- 
 half, and in testimony thereof hath signed an allowance 
 in the margin hereof 
 
 Now, the condition of the above-written obligation is 
 such that if the above bounden C. B. do and shaU once in 
 each year, or oftener if thereunto required by the said 
 Court, duly account for all and every the sum and sums of 
 money which he shall so receive on account of the rents 
 and profits of the real estate, and in respect of the personal 
 estate of the said A. B., and do and shall truly pay the 
 balances which shall from time to time be certified to be 
 due from him at such times as may be directed, and do 
 within six months after his appointment as such commit- 
 tee, file in the office of the (Registrar (a) ) of the said Court 
 for the time being a true inventory, veiified by the oath 
 of the said C. B., of the whole real and personal estate of 
 the said lunatic, stating the income and profits thereof, 
 and setting forth the debts, credits and efiects of the said 
 lunatic, as far as the same shall have come to the know- 
 ledge of the said C. B. ; and in case any property of the 
 said lunatic shall be discovered by the said C. B. after the 
 filing of such inventory, if the said C. B. shall file in the 
 office of the said (Registrar (a) ), a true account of the 
 same, verified by the oath of the said C. B., from time to 
 time, as the same shall be discovered ; and if the said C. B. 
 shall be careftd to see the houses, buildings and structures 
 of the said lunatic to be well and sufficiently repau-ed, 
 and so kept and maintained so long as he shall be com- 
 mittee of the said lunatic's estate, and shall carefully 
 preserve and keep aU the deeds, evidences and writings 
 touching the real and personal estate of the said limatic 
 as now are or hereafter shall come to his hands, custody 
 or possession [and shall provide for the person of the said 
 lunatic and for his safety. (6)], and shall not alienate his 
 
 (o) See 39 Vic, c. 7, sec. 2, (O). 
 
 (6) Omit these words where the person appointed committee of the estate is not also, 
 committee of the person. 
 
PkoCEEDINGS IN SPECIAL CASES. 483 
 
 interest in the custody of the [pei-son and («)] estate of the 
 smd hmatic. and shaU in au'kngs observe and perform 
 the orders and directions of the said Court touching or con- 
 cerning the [person and («)] estate of the said lunttic, and 
 m aU thm^ demean himself as a careful and faithful 
 committee of the [person and (a^] estate of the said lunatic, 
 the above obhgation shall be void, otherwise the 
 saine shaU be and remam in fdl force and virtue 
 beaJed, signed and delivered ") 
 in presence of j 
 
 Affidavits proving the due execution of the bond by the 
 obligors, and affidavits of jv^tification by the sureties 
 miist accompany. {For Forms, see ante, JVos. 331 and 
 401.) 
 
 CHAPTER XI. 
 
 Special Case. 
 In Chancery. 
 
 In the matter of A. B., a person of unsound mind 813. 
 not so found [0/', an infant] ; and of the Act 28th It^lr''"" 
 Victoria, chapter 17, intituled " An Act to amend Ti^^ttef^ 
 the Consolidated Statute respecting the Court of '°*™'' 
 Chancery." 
 (Formal parts : see ante, No. 384.) 
 on behalf of the above named lunatic A. B., that the said 
 C. D., of {residence and addition), may be appointed the 
 special guardian of the said A. B., for the purpose of con- 
 curring in his name, and on his behalf, in a special case 
 proposed to be stated for the opinion of this Court, as to 
 {State object of the case; as thus: the construction of 
 the will of L. N. deceased) : in which the said A. B. is 
 interested. 
 
 In Chancery. 
 
 {Title, as in No. 813, ante.) 
 We, E. F., of {Place of business), gentleman, the soli- 814. 
 citor in this matter for the above named A. B., and B. E., P^ofm^tfoT 
 of ((fee, OS in No. 432), severally make oath and say : }uuat1c°^° "' * 
 And first I, the said E. F., for myself, say as follows : 
 1. The said A. B. is interested in the subject matter of 
 a special case proposed to be stated for the opinion of this 
 Honourable Court, under the provisions of the above 
 
 (a) Omit these words where the person appointed committee of the estate is not also 
 committee of the person. 
 
484 FORMS AND PRECEDENTS OF 
 
 mentioned Act, as to the construction of the will of L. N., 
 deceased [or as may be]. 
 
 2. The said A. B. has not been found of unsound mind 
 by inquisition, or other proceeding in lunacy [or as may 
 be]. 
 
 3. I know and am well acquainted with C. D., of (resi- 
 dence and addition : as in the notice of motion), the 
 person proposed to be appointed the special guardian of 
 the said A. B., for the purpose of concurring in his name, 
 and on his behalf, in the said special case. 
 
 4. The said C. D. is {State degree of relationship to, or 
 connection with the family of, the lunatic ; as thus : the 
 brother of the said A. B.) ; and has no interest in the 
 subject matter of the said proposed special case adverse 
 to the interest therein of the said A. B. ; and in my judg- 
 ment and belief the said C. D. is a fit and proper person 
 to be appointed such guardian as aforesaid. 
 
 5. Show m,e<ins of knowledge. 
 
 And I, the said B. E., for myself, say as follows : 
 
 6. I have been in actual practice {Continue as in ante, 
 No. 432, par. 5, to the end of that form). 
 
 Sworn {&c. : see ante, No. 303.) 
 
 815. In Chancery. 
 port'o7m?tio™r (^^*^^> "^ ^^ -^«- 813, ante.) 
 
 iJlflnt'^''" ™ . -*•' ■?• ^-^ °^ (-P^«ce of business), gentleman, the solicitor 
 
 in this matter for the above named A. B., make oath and 
 
 say as follows : 
 
 1. The said A. B. is interested {Continue as in No. 814, 
 ante, to the end of par. 1.) 
 
 2. 3. 4. {Same as ante, No. 814, par. 3. 4. and 5.) 
 
 Sworn ((fee. .• see ante, No. 303.) 
 
 816. In Chancery. 
 
 spSeSs'T*"' Between {Entitle the case as a cause between 
 
 some or one of the parties interested, or claiming 
 to be interested, as plaintiffs or plaintiff, and 
 the others of them as defendants.) 
 Special case stated for the opinion of the Court 
 of Chancery for Upper Canada, pursuant to the 
 Act 28th Victoria, chapter 17, entituled An Act 
 (<&c. ; see ante. No. 813.) 
 
 1. I {State concisely, in numbered paragraphs, such 
 
 2. V facts and documents as are necessary to enable the 
 
 3. ) Court to decide the questions raised by the case.) 
 
PROCEEDINGS IN SPECIAL CASES. 485 
 
 The questions submitted for the opinion of the Court are : 
 
 1. Whether, <6c. 
 
 2. Whether, Sc. 
 
 A. B., counsel for the plaintiff s 
 C D., counsel for the defendants. 
 
 Note. — This special case is filed by J. J., of , in 
 
 the county of [or as may be : see ante, N'o. 168], 
 
 solicitor for the above named plaintiffs. 
 
 {Formal parts : see ante, No. 181.) 
 
 Take notice, that I have this day filed the special case 817. 
 
 • .-1. -^ '^ Notice of filing 
 
 m this cause. tliecase. 
 
 In Chancerv. 
 A 
 
 I Enter an appearance for A. B., to special case [Or, pr(^p^{or 
 g r amended special case] at the suit of B. A. appearance. 
 
 Dated this day of , 18 — . 
 
 {Name, <&c., of solicitor or party entering 
 the appearance) : 
 
 {Formal parts : see ante, No. 184.) 
 
 Take notice, that I have this day entered an appearance . 819- 
 for the defendant A. B. to the special case \^0r, amended appearance. 
 special case] herein. 
 
 {Formal parts : see ante, No. 384.) 
 on behalf of the plaintiff, that he may be at liberty to Noticf ?f^' 
 amend the special case as he may be advised. And take f°^^P^ ^^ b"* 
 notice {<Stc., as in No. -382.) consent. 
 
 {Short title.) 
 For amending special case. Pra^ftor 
 
 C. D., plaintiff's solicitor [Or, agent.] amendment of a 
 
 special case. 
 
 {Short title.) 
 Set down the special case herein to be heard on the p,^ ^.f^-^, 
 
 r]o\T n-p down specia 
 
 aay oi . _ _^ ^^ ^j 
 
 Dated, SC. A. a., argTunent. 
 
 Plaintifs Solicitor 
 To the Clerk of Records and Writs. 
 {See next Form.) 
 
486 
 
 FOEMS AND PRECEDENTS OF 
 
 823. 
 
 Indorsement 
 thereon. 
 
 All parties are sui juris. 
 
 C. D., Plaintiff's Solicitor. 
 , 18—. 
 
 824. (Formal parts : see ante, No. 384.) 
 
 Slrt do™°"°° on the part of the plaintiff, that he may be at liberty to 
 where aTis' ®®* down for hearing the special case filed in this cause, 
 ahuity. And take notice ((fee, as in No. 382.) 
 
 An affidavit in support accompanies. 
 
 825. 
 
 Notice of motion 
 for deposit in 
 Court of docu- 
 ments referred 
 to m the case. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff [Or, defendant], that the de- 
 fendant [Or, plaintiff] may be ordered, within (seven) 
 days after service, to produce and leave with the Clerk 
 
 of Records and Writs the indenture dated the day 
 
 of , 18 — , [or as may be], admitted by the special 
 
 case filed in this cause to be in his possession ; and that 
 the parties to this cause, their solicitors and agepts, may 
 be at liberty to inspect and peruse the said document, 
 and take copies and abstracts thereof, and extracts there- 
 from, as they may be advised ; and that the said docu- 
 ment may be produced by the Clerk of Records and 
 "Writs upon the hearing of the said special case, as the 
 parties to this cause, or either of them, may require. 
 And take notice (<fcc., as in No. 382.) 
 
 826. 
 
 Notice that 
 special case has 
 been set Aowjx 
 for hearing. 
 
 (Formal parts : see ante, No.204>.) 
 
 Take notice, that I have this day set down the special 
 
 case in this cause for hearing at Osgoode Hall, on 
 
 day next, the day of , 18 — , at 10 o'clock in 
 
 the forenoon, or as soon thereafter as the same can be 
 heard ; and take notice, that if you do not attend at the 
 time and place above named, a decree may be made in 
 your absence. 
 
PROCEEDINGS IN ARBITRATION. 487 
 
 CHAPTER XII. 
 
 AUBITRATION. 
 
 In Chanceiy. 
 
 In the matter of the arbitration between A. B. and 827. 
 C. B. [or as viay be.] fotra'a""""" 
 
 [Formal parts : see ante, A^o. 384.1 submission to 
 
 V 1. IJ? r ii • 1 1 -ri ■. V arbitration, by 
 
 on benall oi the said A. B., that the submission to arbi- consent, an order 
 tration contained in {Deiicrihe the document; as iAus .• °' °°"'' 
 
 an indenture dated the day of , 18 — , and made 
 
 between the said A. B. of the one part, and C. D. of the 
 other part), maj- be made an order of this Court. And 
 take notice (<fcc., as in No. 382.) 
 
 {Formal parts : see ante, No. 300.) 
 
 1. On the day of , 18— I saw A. B. and ,„, 828. 
 
 /^ TV ,1 _j.' j_ 1 1 rA T • • AfBdavit verify - 
 
 C L)., tne parties to the parchment [Or, paper] writing, ing signatures to 
 
 dated the day of , 18 — , now produced and ^™ mission. 
 
 shown to me, and marked F., and purporting to be a 
 submission of certain matters to arbitration, duly sign, 
 seal, and as their respective acts and deeds deliver [Or, 
 if not under seal, say : duly sign] the said exhibited 
 document. 
 
 2. The names or signatures " " and " " 
 
 respectively set and subscribed to the said parchment 
 [Or, paper] writing, are of the proper handwriting of the 
 said A. B. and C. D., respectively. 
 
 3. The name or signature " ," set and subscribed to 
 
 the attestation of the signatures of the said A. B. and 
 C. D. endorsed on [Or, written under] the said parchment 
 [Or, paper] writing, is of my proper handwriting. 
 
 (Fortnal parts : see ante, Nos. 827 and 384.) 
 on the part of defendant, that all proceedings in this suit jj^^^f fj®;oy„„ 
 may be stayed : the matters in difference therein between to stay suit, 
 the parties thereto, having been agreed to be referred to ^Yed Jf ""' 
 arbitration. And take notice ((fee, as in No. 382.) 
 
 (Title : as in No. 827, ante.) 
 Take notice, that you are hereby required, on or before ^.830. 
 
 ' ^ .. ^ , ■ L^ • *j. Notice to con- 
 
 the day of , 1 8 — , to concur with me in appoint- our in appoint- 
 ing an arbitrator [Or, umpire, or third arbitrator], to whom Swtato?,°or 
 all matters in difference between us may be referred, in 't^j^^^^J^J,"?, 
 
488 FORMS AND PRECEDENTS OF 
 
 pursuance of the submission between us dated the 
 
 day of , 18 — : to act in the place of E. F., deceased 
 
 [or as may be]. Dated this day of , 18 — . 
 
 A. B., of {Residence and addition.) 
 To C. D., of {Residence and addition.) 
 
 831. {Formal parts : see ante, Nos. 827 and 384.) 
 f'Sfsuch*""*'™ that G. H., of {Residence and addition), may be appointed 
 be mS"on' *" arbitrator [Or, umpire, or third arbitrator], to whom all 
 default. ' matters in difference between the said A. B. and the above 
 named C. D. may be referred, in pursuance of the submis- 
 sion between them dated the day of , 18 — : the 
 
 said G. H. to act in the place of E. F., deceased [or as may 
 he\. And take notice {&c., as in No. 382.) 
 
 Bole arbitrator. 
 
 832. {Formal parts : see ante, N'o. 827 and 384.) 
 
 t^^revoke""""" ^^ ^^^ part of the above named A. B., that the appoint- 
 ippointment of mcut by the abovc named C. D., of E. F. to act as sole 
 arbitrator, to whom all matters m difference between the 
 said A. B. and C. D. shall be referred, in pursuance of the 
 
 submission between them dated the , 18 — , may be 
 
 revoked. And that the said matters in difference may be 
 referred to the said E F., jointly with G.H., of {Residence 
 and addition), as the arbitrators of the said A. B. and 
 C. D., respectively. And take notice (<fcc., as in No. 382.) 
 
 833. {Formal parts : see ante, JVos. 827 and 384.) 
 
 to Jite'nStt™ on the part of the plaintiff [or as may he], that, by con- 
 i^-fiffr^K"^ sent, aU matters in difference between the parties to this 
 
 CEIUS6 10 aTDl- 1 p T 1 1 • 
 
 tration, by causc may be referred to the arbitrament and final deter- 
 mination of S. Y., of, Sc, on the terms foUowing ; namely : 
 
 1. The said arbitrator is to make his award in writ- 
 ing, on or before, &c. ; or within such further time 
 as he shall appoint. 
 
 2. All deeds, books and papers in the custody or 
 power of any of the parties, relating to the matters 
 in question, are to be produced before the said arbitra- 
 tor, as he shall direct : to be ascertained by the oaths 
 of the respective parties producing the same. 
 
 3. The parties and their witnesses : being first sworn : 
 are to be examined, as the said arbitrator shall direct. 
 
PROCEEDINGS IN ARBITRATION. 489^ 
 
 i. The costs of this cause, and of this application, and 
 of the reference hereby directed, are to be in the dis- 
 cretion of the said arbitrator. 
 
 5. No bill is to be filed, or any action or other pro- 
 ceeding brought or taken, by any of the parties here- 
 to, against the said arbitrator, for any matter or thing 
 he shall do in or about, or touching any of the mat- 
 ters hereby referred to him. 
 
 6. The said arbitrator is to have power from time to 
 time to enlarge the time for making his award : as 
 he shall think fit. 
 
 7. Either of tlie parties hereto is to be at liberty to 
 make such award an order of this Court. 
 
 Liberty to apply 
 
 {Formal parts : see ante, Xos. 827 and 384.) 
 on the part of the plaintiff [or as may bel, that the time 834. 
 
 limited by the order dated the , 18—, for R. B., t?enrseTme°- 
 
 therein named, to make and publish his award in this l°v^d''f^T 
 
 cause, may be enlarged until the , 18 — . And take "^^e. 
 
 notice (<fcc., as in JS^o. 382.) 
 
 To all to whom these presents shall come : I, E. F., of Fomfi^^tgoj- 
 {Residence and addition), send greeting : anaward!°^ 
 
 Whereas {Recite the agreement or submission, or so 
 much of its terms as may be essential to shoiv the awthority 
 of the arbitrator , or umpire, with respect to the subject 
 inatter of reference, and the time, poiver of enlargement, 
 and manner of 'snaking the av:ard. Recite the enlarge- 
 m ents, if any ; and then proceed thus :) 
 
 Now know 3'e, that I the said E. F., having taken upon 
 myself the burthen of the said arbitration, and having 
 heard and duly considered all the allegations and evidence 
 of the said respective parties of and concerning the said 
 matters in difference, and so referred as aforesaid, do 
 make and publish this my award in wiiting of and con- 
 cerning the said matters so referred to me ; and do hereby 
 award {dr. : Conclude vAth a distinct statement of the 
 arbitrator's decision on all the points referred to him). 
 In witness thereof I have hereunto set my hand {If so : 
 and seal) this day of , 18 — . E. F. 
 
 Witness to the signature of the said E. F. ~j 
 
 [Or, signed, sealed and delivered by the |- 
 
 said E. F. in the presence of] : } 
 
 G. H., of {Residence and addition). 
 
490 FORMS AND PRECEDENTS OF 
 
 836. (Formal parts : see ante, No. 300.) 
 
 ^fb^Sl"^ of 1. On the day of , 18-, I saw E. F., of {Resi- 
 
 an award. deuce and addition), sign and publish [Or, sign, seal and 
 
 publish] his award in this matter, dated the day of 
 
 , 18 — , and now produced and shown to me, and 
 
 marked G. 
 
 2. The name or signature " ," set and subscribed to 
 
 the said award as the party executing the same, is of the 
 proper handwriting of the said E. E. 
 
 3. The name and signature " ," set and subscribed 
 
 to the attestation, written at the foot of the said award, 
 of the execution thereof by the said E. F., is of my proper 
 handwriting. 
 
 837. , (Formal parts : see ante, Hos. 384 and 827.) 
 to°make aTOrd" On the part of the plaintiff [or as may be], that the award 
 
 CoS!"" "' dated the , 18— of E. F., the arbitator in this cause, 
 
 may be made an order of this Honourable Court. And 
 take notice that on such motion (dsc, as in No. 382.) 
 
 . 838. , (^Formal parts : see ante, Nos. 384 and 827.) 
 toVet'd'oTO'fOT'' on the part of the plaintiif [or as may be], that the award 
 
 S'KdT/'an dated the , 18— of E. F., the arbitrator in this cause 
 
 arbitrator. [Or, matter],, may be Set down for hearing as a special 
 case, upon the questions thereby submitted for the deter- 
 mination of this honourable Court. And take notice (<fcc., 
 as in No. 382.) 
 
 Notiof Amotion (Formal parts : see ante, Nos. B82 and 827.) 
 to set aside an on the part of the plaintiff [or as may be], that the award 
 dated the — — , 18 — , of E. F., the arbitrator in this cause 
 [Or, matter], may be set aside on the following grounds ; 
 namely (State them ; as thus : (1) For that the said arbi- 
 trator has not arbitrated upon matters which were referred 
 to him ; (2) For that the said award is uncertain, and 
 not final as to the matters arbitrated upon, or referred to 
 in the said award). And take notice (cfcc, as in No. 382.) 
 
 . award. 
 
 840. (Formal parts : see ante, Nos. 382 and 827.) 
 
 to re^t'Stors on the part of the said R. W., that the time hmited by the 
 
 Won °i°fbt'^ submission to arbitration in this matter, for making the 
 
 tor. award in pursuance thereof, may be enlarged to the — ■ — , 
 
 18 — ; and that the matters be remitted to the arbitrator, 
 
PROCEEDINGS FOR PRODUCTION OF CESTUI QUE VIE. 491 
 
 to supply an accidental omission in one part of his award 
 of the words " taken in due form of law as aforesaid and," 
 ajid of the word " satisfy " ; and for a direction therein 
 that it one of the parties to the said reference should pay 
 the whole of the fees and compensation of the third arbi- 
 trator, the other party should repay him a moiety thereof; 
 and also for the re-execution of the said award. And 
 take notice (<&c., «^ in Ho. 382.) 
 
 CHAPTER XIII. 
 
 Proceedings under Statute 6 Anne, c. 18, and 
 UNDER Trustee Act, 1850. 
 
 Section I.—P)-oceedings for Production of Cestui 
 Que Vie (a). 
 In Chancery. 841. 
 
 In the matter of an indenture of lease dated totroducTon"" 
 
 , 18, made between A. B. of the one part, "1^%"^'^ 
 
 and C. D. of the other part (or as may be). 
 And in the matter of the Act 6th Anne, chapter 
 18, intituled "An Act for the more effectual 
 discovery of the death of persons pretended to 
 be alive, to the prejudice of those who claim 
 estates after their deaths." 
 (Formal parts : see ante, No. 382.) 
 on behalf of A. B., of (Residence and addition), that C. D., 
 
 of, ^c, may be ordered, on the , 18 — , to produce and 
 
 show at , in the county of F. ; between the hours 
 
 of eleven in the forenoon, and one in the afternoon (or as 
 'may be) : according to the provisions of the above Act : to 
 the said A. B. (Or, to G. H., of, etc., the agent of the said 
 A. B.), L. M., N. 0., and P. Q., in the above-mentioned 
 indenture dated, d-c, respectively described, or some or 
 one of them. And take notice (Sc, as in No. 382.) 
 
 (Formal parts : see ante, No. 300.) 
 
 1. Show the creation of the life estate ; as thus : By an 842. 
 
 indenture dated the day of , 18 — , and made^port''" 
 
 between A. B. of the one part, and C. D. of the other 
 
 (o) 6 Anne, c. 18. As to this Act, see Dan. Pr. clxxxii., 1843—1847, 1991 ; Chambers 
 on Infants, 162; Co. Litt. by Harg. 67d. nfZ]; Hubback. 181 ; Seton, 621; Woodfall. 
 9. As to the course, where the tenant for hfe, or cestui que vie, is abroad, or, though 
 alive, cannot be produced, see 6 Anne, c. 18, ss. 2, 4 : Dan. Pr. 184.5—1846. 
 
 (b) See 6 Anne, c. 18, s. 1 ; Dan. Pr. 1843, 1844. For order in like case, see Seton, 
 621, No. 1. 
 
492 FORMS AND PBKCEDENTS OF 
 
 part : being the indenture mentioned in the title or head- 
 ing of this affidavit: certain lands thereiri described, 
 situate at W., in the township of E., ia the county of F., 
 were demised by the said A. B. to the said C. D. for 
 and during the lives of L. M., N. 0., and P. Q., therein 
 respectively described, and the life of the longest liver 
 of them. 
 
 2. Show the applicant's title to the reversion ; as thus : 
 
 By indenture dated the day of , 18 — , made 
 
 between the said A. B. of the one part, and me, the de- 
 ponent, of the other part, the said A. B. granted and con- 
 veyed to me, my heirs and assigns, all the lands comprised 
 ia, and demised by, the said indenture of lease, but sub- 
 ject to such lease. I am now entitled to the reversion of 
 the said lands, expectant on the death of the survivor of 
 the said L. M., N. O., and P. Q. 
 
 3. State special ground for the application ; as thus : 
 I have good cause to believe, and do believe, that all of 
 them, the said L. M., N. 0., and P. Q., are dead ; and 
 that such deaths are concealed by the said C. D., the 
 lessee, and present tenant of the said lands. (Show 
 grounds of belief.) 
 
 ^^^.843. {Formal parts : see ante, No. 382.) 
 
 for production of on behalf of A. B„ in the order, dated, <&c., named, 
 'ilTmA^oT"^ that C. D., therein named, may be ordered to produce 
 default. ' L. M., N. 0., and P. Q., therein also named, at the bar of 
 
 this Court on day of , 18 — ; and in the event 
 
 of their not being produced, pursuant to the order to be 
 made on this application, that the said L. M., N. 0., and 
 P. Q., may be deemed to be dead. And take notice (<fcc., 
 as in No. 382.) 
 
 Affid^ta (Formal parts : see ante, No. 300.) 
 
 support. 1. Prove service of the order to produce : see ante. No. 
 
 323. 
 
 2. Prove attendance there, and non-prodvAition ; as 
 thus : On the day of , 18 — , I personally at- 
 tended and waited at (place appointed for production of 
 cestui que vie), ia the county of F., from before the hour 
 of eleven of the clock in the forenoon, till after the hour 
 of one of the clock in the afternoon of that day : being 
 the place and time appointed by the said order of the 
 
 day of , 18 — , for the production by the said 
 
 C. D. to me of L. M., N. 0., and P. Q., in the said order 
 
PROCEEDINGS CXDEK "TRUSTEE ACT, ISoO," ETC, 
 
 named, or some or one of them ; but the said C D did 
 not, nor did any peraon on his behalf, attend at the time 
 and place aforesaid, and produce the said L. M., N 
 and P. Q„ or any or either of them; nor have the said 
 L. M., ^. O., and P. Q., or anv or eitlier of them, been 
 produced to me since the date of tlie said order. 
 
 49S 
 
 ^ECTioy U.— Proceedings under "Trustee Act, 1850," cCr. 
 
 In Chancerv. 
 
 In the matter of the trust* of an indenture dated 1st 845. 
 2sovember, 1S31, made between R. K. andC W R P«tit»>''<"- 
 
 V T j-ii 1^ , . -»T T, ., "■•"'"^^- " • '•"■ a person to con- 
 
 his Wife of the lirst part, ^, R, of the second part ™yiauds; 
 and S.B. of the third part. "^ SXtJ'""'' 
 
 And m the matter of the Imperial Statute intituled ^^'^'^^ ^ ^''" ■ 
 " The Trustee Act, 1850." Add where applicable : 
 and of the Imperial Act, 15th and 16th Victoria 
 chapter 55, intittded " An Act to extend the pro- 
 visions of the Trustee Act, 1850." 
 (Formal paiis : see ante, Xo. 382.) 
 1. By the abovementioned indenture dated 1st Novem- 
 ber, 1831, the fee simple and inheritance of, and in all 
 that certain parcel of land known as (describing it,) was 
 conveyed unto, and to the use of the abovenamed N. R, 
 his heirs and assigns. 
 
 2-3. StcUement of the death and intestacy of S. B. ; and 
 grant of administration of his personal estate. 
 
 4. The said S. B. was illegitimate and never married ; 
 and under the circumstances aforesaid died intestate as to 
 trust estates, and without an heir. 
 
 [5-7. Statement of the devise byX.B. of the said lands 
 to tlie petitioners E. H. and 21. H. on trust : his death ; 
 probate of his ifill ; aiul an agreement for the sale by 
 them of the said lands to the co-petitioner C. W. S.] 
 
 5. Your petitioners are desirous of carrying into etfect 
 the said agreement, but by reason of the said S. B. having 
 died intestate as to the said lands, and without an heir, 
 they are unable to do so without the assistance of this 
 Honourable Court. 
 
 Your petitioners, therefore, humbly pray : 
 
 That yom- petitioner E. H. may be appointed 
 to convey the said lands comprised in, and assur- 
 ed by, the said indenture of the 1st November, 
 1S31, for all the estate and interest, late of the 
 
 (a) Sembk, the petition should be presented in Court. See Be Lash, I Ch. B. 226. 
 
494 FORMS AND PRECEDENTS OF 
 
 said S. B. therein, unto and to the use of your 
 petitioner C. W. S., or to such uses and in such 
 manner as he shall direct, — or that such other 
 order may be made in the premises as to this 
 Honourable Court shall seem just. 
 And your petitioner will ever pray. 
 
 846. In Chancery. 
 gSent of In the matter of, &c. 
 
 new trustees and {Formol jparts : 866 ante, No. 382.) 
 
 order, &0., under ShoWCth aS foUoWS : 
 
 SrissMo)**^ [1 — ^- Statements showing a settlement by the will of 
 J. F., of his real and personal estate in trust for the peti- 
 tioner S. W. for life, with remainder to W. N. W. ; and 
 that A. B. and C. D. were the surviving trustees of the 
 will ; and a statement of the particulars of ike real and 
 personal estate.'] 
 
 5. The said C. D. has refused to act further in the trusts 
 of the said will, and your petitioners are desirous that 
 some fit and proper persons should be appointed in his 
 stead, and in the stead of the said W. R. {deceased trus- 
 tee) ; but inasmuch as the said will does not contain 
 any power for the appointment of new trustees thereof, it 
 has become necessary to apply to this Honourable Court 
 for that purpose. 
 
 6. J. G. N., of (Residence and addition), and W. D., of, 
 &c., are fit and proper persons to be appointed such 
 trustees ; and they have respectively consented and agreed 
 to be so appointed trustees under the said will jointly 
 with the said A. B., and to act as such trustees of the said 
 will. 
 
 Your petitioners, therefore, humbly pray as 
 follows : 
 
 1. That the said J. G. N. and W. D. may 
 be appointed new trustees of the said wiU. of the 
 said J. F., deceased, in substitution of the said 
 W. R., deceased, and the said C. D., who has re- 
 fused to act further in the trusts thereof jointly 
 with the said A. B., and that the lands remain- 
 ing subject to the trusts of the said will may be 
 vested in the said J. G. N. and W. D. jointly 
 with the said A. B. as the trustees of the said 
 will, for the estate by the said will devised to 
 the trustees thereof. 
 
 (a) This petition must be presented in Court. See Re Lash, 1 Ch. R. 226. 
 
APPEALS TO THE COURT OF APPEAL, PRIVY COUNCIL, ETC. 495- 
 
 [2. That the right to call for a transfer of, and 
 to ti-ansfer the stock subject to the trusts of the 
 will of the said J. F. may be vested in the said 
 A. B., and that he may be directed to transfer 
 the same into the names of the said A. B., J. G. 
 X., and W. D., as such trustees as aforesaid.] 
 
 3. That the right to sue for and recover any 
 chose in action, subject to the trusts of the said 
 Avill, or any interest in respect thereof, may be 
 vested in the said A. B., J. G. N. and W. D., as 
 such trustees of the said will. Or that (<fec., 
 conclude as in preceding form.) 
 
 See forms, ante, Xos. 737-9, for affidavit of eligibility .,^^T- 
 of proposed trustees; their consent to act; and affidavit svppoit ot 
 verifying signatures. The other facts alleged in the pe- p^'""™- 
 tition Tmist also be duly verifxd by affidavit. 
 
 CHAPTER XIY. 
 
 Appeals to the Court of Appeal, Privy Council, 
 AXT) Supreme Court. 
 
 Section I. — Forms of Bonds, i-c, on appeal to Court of 
 
 Appeal. 
 
 Know all men by these presents, that we (naming all B„„a^f^;cu- 
 the obliaors,with their places of residence and additions) rity for costs on 
 
 " . .f , ' , 11 1 IT J J? 1 1. J ,' appeal to Court 
 
 are jointly and severally held and nrmly bound unto of Appeal. 
 (naming the obligees, with their places of residence and 
 additions), in the penal sum of four hundred dollars, for 
 which payment well and truly to be made we bind our- 
 selves, and each of us by himself, our and each of our 
 heirs, executors and administrators respectively, firmly 
 by these presents. 
 
 ' Witness our respective hands and seals the day 
 
 of , in the year of our Lord 18 — . 
 
 Whereas {the appellant) complains, that in the giving 
 of judgment in a certain suit in Her Majesty's Court of 
 Chancery, in the Province of Ontario, between (naming 
 the parties to the cause), upon the hearing of the cause 
 [by way of appeal from the report of the Master of the 
 
496 
 
 FORMS AND PRECEDENTS OF 
 
 said Court, dated the • 
 
 day of ■ 
 
 ■, Or, upon further 
 directions, or otherwise as may be], manifest error hath 
 intervened, wherefore (the appellant) desires to appeal 
 from the said judgment to the Court of Appeal. 
 
 Now THE CONDITION of this obligation is such that 
 if {the appellant) do and shall effectually prosecute such 
 appeal, and pay such costs and damages as shall be 
 awarded in case the judgment aforesaid to be appealed 
 from shall be affirmed, then this obligation shall be void, 
 otherwise to remain in full force. 
 
 849. 
 
 Affidavit of 
 justification. 
 
 In Chancery. 
 
 (Shortened style of the cause.) 
 I, E. F.,of (Residence and addition) make oath and say: 
 
 1. That I am a resident inhabitant of Ontario, and am 
 
 a householder [Or, freeholder] in , and that I am 
 
 worth the sum of $ (the sum mentioned in the 
 
 penalty, or such sum, as the deponent is hound in) over 
 and above what will pay all my debts. 
 
 2. And I, J. H., of , make oath and say, that I 
 
 am a householder [Or, freeholder] in , and that I 
 
 am worth the sum of $ 
 
 (as m the formsr case) 
 over and above what wiU pay all my debts. 
 
 The above named deponents, E. F. and J. H., were 
 s\vorn at, &c., the day of , 18 — , be- 
 fore me. 
 
 A Commissioner, &c. 
 
 850. Proceed as in form. No. 848 to the words " Court of 
 
 exeoution^^on Appeal," making the penalty the sum required by rules 
 
 of Appeai*^™"^' ^~6 "/ Court of Appeal, and continue : Aid whereas the 
 
 said (appellant) is desirous that execution may be stayed 
 
 in the said cause until after the determination of the 
 
 said appeal. 
 
 Now THE CONDITION of this obligation is such that 
 if (the appellant) do and shall effectually prosecute 
 such appeal, and if the judgment appealed from, or 
 any part thereof, shall be affirmed, shall [pay the 
 amount directed to be paid by such judgment, or the 
 part of such amount as to which such judgment shall be 
 affirmed, if it shall be affirmed only in part, and all 
 damages which shall be awarded against (the appellant) 
 in the appeal. Or, shall perform the act directed to be 
 done by him by the said judgment appealed from, or 
 such other act or acts as thfe said Court of Appeal shall 
 
PKOCEEDINGS ON APPEAL TO THE PRIVY COUNCIL. 497 
 
 by its judgment upon the said appeal direct, and shall 
 pay all damages which shall be awarded against (the 
 appellant) in the appeal], then this obhgation shall be 
 void, otherwise to remain in full force. 
 
 Section II. — Appeals to the Privy Council. 
 
 Proceed as in form No. 848 to the recitals, making the 851. 
 penalty $2,000 ; and continue : ^ coX'on "*'' 
 
 Whereas (the appellant) alleges that in the giving of ^ppf^'^'f^'^^^y 
 judgment in a certain suit in Her Majesty's Court of b^ng form given 
 Appeal in Ontario between (the respondent) and (the court^of Appeal. 
 appellant) manifest error hath intervened: Wherefore 
 (the appellant) desires to appeal from the said judgment 
 to Her Majesty, in Her Majesty's Privy Council. 
 
 Now THE condition of this obligation is such, that if 
 (the appellant) do and shall effectually prosecute such ap- 
 peal, or (a) pay such costs and damages as shall be awarded 
 in case the judgment aforesaid to be appealed against, 
 shall be affirmed, or in part affirmed, then this obligation 
 shall be void, otherwise shall remain in full force. 
 
 See form, ante, No. 849 ; the affidavit should he styled 852. 
 In the Court of Appeal for Ontario. justification. 
 
 853. 
 
 See form, ante, No. 850. exTcutT„ron 
 
 appeal to Privy 
 Council 
 
 Section III. — Forms of Proceedings on Appeal to the 
 Supreme Court. 
 
 854. 
 See Form, ante No. 848— the penalty is $500. fvve^^ Bond for 
 
 855. 
 
 See Form, ante No. 850. Bond to stay 
 
 ' execution. 
 
 (a) Queiy "and.' 
 
 32 
 
security having 
 been given in 
 Court below. 
 
 498 FORMS AND PRECEDENTS OF 
 
 Certificate of security havi/ng been given in Court 
 below, where appeal is had under Section 28 of the Su- 
 preme Court Act. 
 856. In the Court of Chancery for Ontario. 
 
 Certificate of __ J^. B Plaintiff. 
 
 and 
 
 Q J) Defendant. 
 
 This- is to certify that the above-named (appellant) 
 hath given proper security to the satisfaction of this 
 Court for the due prosecution of the appeal by him the 
 said (appellant) to the Supreme Court from thie decree of 
 
 this Court made in this cause on the day of &c., and 
 
 for the payment of such costs and damages as may be 
 awarded in case the said decree be affirmed, by [filing in 
 my office the bond of [himself], and C. D. and E. F., his 
 sureties, in the penal sum of [five hundred dollars], a true 
 copy of which [bond] is hereunto annexed. 
 
 Given under my hand and the seal of the said Court, 
 
 this day of, &c. 
 
 [L. S.] A. G., 
 
 Registrar of the said Court of 
 Chancery for Ontario. 
 The bond or other instrument by which security ma'if 
 have been given is to be annexed to the certificate. 
 
 857. (Formal parts : see ante, No. 856.) 
 
 wSereTec^y This is to Certify that by an order of the Honourable 
 given by pay- ut^q Chancellor, or A. B., one of the Vice-Chancellors of 
 
 ment into Court. L '.,. t i n • t * in 
 
 this Court], made in this cause, dated, &c., it was ordered 
 that the above-named (appellant) should be at liberty on 
 
 or before the day of &c., to pay into this Court to 
 
 the credit of this cause the sum of five hundred dollars, 
 by way of security, that he the said (appellant) would 
 duly prosecute his appeal to the Supreme Court from the 
 
 decree of this Court made in this cause on the day 
 
 of, &c., and for the payment of such costs and damages as 
 may be awarded in case the said decree be affirmed, and 
 that the said (appellant) duly paid into this Court to the. 
 credit of this cause the said sum of five hundred doUars,, 
 and the same now remains in this Court as security as- 
 aforesaid. 
 
 Given under my hand and the seal of the said Court, 
 
 this day of, &c. 
 
 [L. S.] A. N. B., 
 
 Accountant of the Court of 
 Chancery for Ontario. 
 
PROCEEDINGS ON APPEAL TO THE SUPREME COURT. 499 
 
 Certificate of security having been given where the ap- 
 peal IS had from the Court of Appeal. 
 
 In the Court of Appeal for Ontario. 
 
 ^- ^ • AppeUant. 858. 
 
 and Another form 
 
 P "n T> 1 . where the 
 
 ^- ^ Kespondent. appeal is had 
 
 from the Court 
 
 This is to certify that the above-named (party appeal- onta^'"'""" 
 ing to the Supreme Court) hath given proper security, &c., 
 (continue as in Form No. 856 or 857). 
 [L. S.] A. G., 
 
 Registrar to the said Court of 
 Appeal for Ontario. 
 
 In the Supreme Court. 
 
 Between— A. B Appellant. 859. 
 
 a,]^(J Notice to be filed 
 
 rt T\ T> 1 , ?' P'"*^ appear- 
 
 y^. U Kespondent. ""S m person on 
 
 I, A. B., intend to appear in person in this appeal (a) 
 and I require that all papers required to be served on 
 me herein be served on me at (naming some place in the 
 City of Ottaiua). (b) Dated, &c. 
 
 (Signed) H. B., 
 
 AppeUant in person. 
 
 In the Supreme Court. 
 
 Between — A. B AppeUant. 860. 
 
 a Q(J Suggestion to be 
 
 filed of appear- 
 
 (J. D Respondent, ance of Sohcltor 
 
 ■"■ in appeal for 
 
 Y. Z., SoUcitor for the above-named C. D. appears for peSed^inVram 
 him on this appeal. iS^°(?)"''^" 
 
 SoHcitor for the Respondent. 
 
 Dated, &c. (Signed) Y. Z., 
 
 (a) See S. C. Rule 17. 
 (6) S. C. RuU 20. 
 (c) S. C. Rule 19. 
 
500 
 
 FORMS AND PRECEDENTS OF 
 
 861. 
 
 Factum. 
 
 Factum, or Points of Argumerd. (a) 
 In the Supreme Court. 
 
 Between— A. B Appellant. 
 
 and 
 CD Respondent. 
 
 The [appellant] contends that (here state suecinctly the 
 facts and the several points of law which he intends 
 to rely on, in the appeal, and specify the cases intended 
 to be cited in support of each point.) 
 Dated, &c. 
 
 (Signed) C. D., 
 
 Counsel for the (Appellant). 
 
 862. 
 
 Notice of 
 hearing (!>). 
 
 In the Supreme Court. 
 
 A. B Appellant, 
 
 and 
 C. D Respondent. 
 
 Take notice, that this appeal wiU be heard at the next 
 Session of this Court, to be held at the City of Ottawa, 
 on the day of , 18 — . 
 
 Dated, «Ssc. 
 
 To A. F., Esquire, 
 
 Respondent's Solicitor. 
 
 (Signed) D. L., 
 Appellant's Solicitor. 
 
 862a. 
 
 Notices of mo; 
 tion. (c) 
 
 Notices of Motion. 
 The Forms, ante, Nos. 382-385 can be adapted. 
 
 Affidavits and Jurats, &c. 
 
 862b. 
 
 Affidavits, &c. 
 
 See ante, Ifos. 300, et seq. 
 
 (a) 5. C. RuleSt 23 and 24. The object of this requirement appears to be to enable 
 the Court to inform itself before the argument both of the facts and the questions of 
 law intended to be discussed ; in this respect the practice of the Judicial Committee of 
 the Privy Council has been followed. The necessity of some such provision is obvious 
 from the fact of the Court entertaining appeals from the Courts of the different Pro- 
 vinces, in which the laws are so dissimilar. Parties, however, will not, it is conceived, 
 be prechided from raising points which do not appear in the factum filed, although the 
 omission may possibly affect the question of costs. 
 
 (b) This notice must be served one month — semble, this means a lunar month — be- 
 fore the first day of the session. 
 
 (c) The notice of motion must be served four clear days before the time of moviug— 
 S. C. Rule 39 — and copies of the afQdavits filed in support must be served with the 
 notice of motion — S, C. Rule 41, v 
 
PROCEEDINGS ON APPEAL TO THE SUPREME COURT. 501 
 
 Suggestions for adding parties, ^c. 
 In the Supreme Court. 
 
 Between A. B Appellant, 863. 
 
 and Suggestion to be 
 
 CT> 1 T-l T-l T> "'^"^ '°'' *''* 
 
 . -U. and iL. h ., Respondents, ptoo^^ <>' 
 
 ■■^ adding parties in 
 
 And now on the day of , it is suggested and Sh^r""' 
 
 manifestly appears to the Court here that on the day Iny om? "' 
 
 of , &c., the above-named respondent C. D departed "^"^'^^ 
 
 this life [a«* having first duly made and pubhshed his''''" 
 last will and testament, whereby he appointed W. G. the 
 sole executor thereof, and the said W. G. afterwards duly 
 proved the said will, and letters probate thereof were duly 
 granted to him by the proper Court in that behalf; or, 
 whereby he devised th^ lands and premises in question 
 untoW. G., Or, intestat^etters of administration to his said 
 estate were afterwards granted by the Surrogate Court of, 
 &c., to one W. G., who is now the sole personal represen- 
 tative of the said C. D., deceased], byreason whereof all the 
 right, title and interest of the said C. D. of, in or to the sub- 
 ject matter of this appeal hath become vested in the said 
 W. G.: wherefore he is hereby made a party respondent to 
 this appeal in (a)place and stead of the said C. D., deceased. 
 
 G.H.. 
 
 Appellant's Solicitor. 
 
 In the Supreme Court. 
 
 Between A. B Appellant, 864. 
 
 ant\ Suggestion of 
 
 '•'"^ the death of 
 
 C. D Respondent, fie appellant. 
 
 ^ by his represen- 
 
 And now on the day of , it is suggested by whom the 
 
 J. B., the [administrator or executor of or devisee named of awe'ai^haf "^ 
 in the last AviU and testament] of A. B., the above-named ™'*'* (''^• 
 appellant, and it manifestly appears to the Court here 
 that on the day of, &c., A. B., the above-named ap- 
 pellant, departed this life (proceed as in preceding form 
 to the word wherefore and conclude) : wherefore the said 
 J. B., as such [administrator, executor or devisee, as the 
 
 (a) 5. C. Rule 36. This rule appears to require that a suggestion shall be filed 
 wherever it is necessary by reason of death, or transmission of interest, to add any 
 party to the proceedings, and it would seem that the suggestion must be filed in the 
 case of the death of a sole respondent, notwithstanding that the Act seoms to con 
 template that the proceedings should be carried on in that event merely upon notice 
 being given to the deceased respondent's representatives. See S. C. Act, sec. 45. 
 
 (i)) The leave of the Court or a Judge must be obtained for filing this suggestion. See 
 S. C. Act, sec. 43. 
 
502 FOKMS AUD PRECEDENTS OF 
 
 case may be], claims to prosecute this appeal as appellant, 
 in the place and stead of the said A. B., deceased, and he 
 is hereby made a party appellant accordingly. 
 
 G. H, 
 Solicitor for the said J. B., 
 Executor oj the said A. B., deceased. 
 \A suggestion in the case of the insolvency of or other 
 transmission of interest hy, any of the parties, can he 
 readily frarrmi from the foregoing forms!\ 
 
 865. 
 
 itiou in 
 casVof death of 
 one of several 
 respondents, 
 where the in- 
 terest of the 
 deceased sur- 
 vives to the 
 surviving re- 
 spondent (a). 
 
 (Style of cause.) 
 
 And now on this day of, <fec., it is suggested, and 
 
 manifestly appears to the Court here, that E. F., one of 
 
 the above-named respondents, on the day of, Sc, 
 
 departed this life, by reason whereof his interest in the 
 subject matter of this suit survived to, and is now vested 
 in, the above-named C. D. Wherefore the appellant is at 
 liberty to continue the prosecution of the said appeal 
 against the said C. D. alone. 
 
 E. B. J., 
 Solicitor for the Appellant. 
 
 866. 
 
 Notice of filing 
 suggestion, and 
 of mtention of 
 appellant to pro- 
 secute appeal (b). 
 
 In the Supreme Court. 
 
 Between A. B., Appellant, 
 
 and 
 C. D., since deceased, and W. G., added 
 as a party by suggestion. 
 
 Respondent. 
 Take notice, that I have this day filed a suggestion 
 [adding you as a party respondent to this appeal, in the 
 place of the above named C. D., deceased], which sugges- 
 tion is in the words and figures following {Copy suggestion, 
 and when new parties are added as respondents, con- 
 tinue : And take notice, that I intend to proceed with 
 this appeal, and that the same will be heard (Continue 
 as in form, ante, No. 862.) 
 
 Dated, &c. G. H., 
 
 To (party added.) Appellant's Solicitor. 
 
 (ffi) A suggestion of this nature, it would seem, can be entered without the leave of 
 the Court or a Judge. See iSf. C. Act, sec. 44, 
 
 (6) See Supreme Cowrt Act, sec. 45. There is no provision in the Act or in the rules 
 tor service of notice of the filing of the suggestion ; but it would seem that notice thereof 
 should in some way be given to all parties added. Section 46 in effect provides that a 
 calendar month's notice of the appeal and of the appellant's intention to continue the 
 suit shall be given to the representatives of a deceased respondent or respondents. 
 
PROCEEDINGS IN MASTER'S OFFICE. 503 
 
 CHAPTER XV. 
 
 Proceedings in Master's Office. 
 
 Section I. — Administration Suits — Advertisements for 
 Creditors, &c. — Affidavits proving claims — Execu- 
 tors' accounts, &c. 
 
 Pursuant to a decree \0r, an order] of the Court of 867. 
 Chancery, made in [the matter of the estate of A. B., and for CTcditMs," 
 in] a cause, S. against P. [short title], the creditors oiH^^^l'^iai^' 
 A. B., late of , in the county of , who died schedule v., 
 
 T 1 1 /» t r^ IP referred to in 
 
 in or about the month oi , 18 — , are, on or berore that order. 
 
 the day of , 18 — , to send by post prepaid 
 
 to E. F., of , the solicitor of the defendant C. D., 
 
 the executor {Or, administrator] of the deceased [or as 
 may be directed], their Christian and surnames, addresses 
 and description, the fuU particulars of their claims, a 
 statement of their accounts, and the nature of the secu- 
 rities (if any) held by them ; or in default thereof, they 
 will be peremptorily excluded from the benefit of the 
 said decree [Or, order.] Every creditor holding any 
 security is to produce the same before me, at my Cham- 
 bers at, &c., on the day of , 18 — , at 
 
 o'clock in the noon, being the time appointed for 
 
 adjudication on the claims. 
 
 Dated this day of 18 — . 
 
 G. H., Master. 
 
 868. 
 
 Sir: 
 (Short title of matter or cause, as in the advertisement.) ^^^.^--^-^^ 
 
 I, the undersigned (Set out, in full, the christian and ticuiaraVclaims 
 surnames, address and description of the claimant), beg under order 475. 
 to inform you that I claim to be a creditor upon the estate 
 of A. B., late of, &c., as in the adwertisement), for the sum 
 
 of S {Set out, or refer to an enclosure, containing 
 
 the full particulars of the claim; as thus: being money 
 
 lent by me to the said A. B., on the day of 
 
 18 — , Or, for goods sold and delivered by me to the said 
 A. B.': the full particulars whereof are comprised in the 
 paper writing marked L., sent herewith) ; and that the 
 only security I hold for the debt so due to me, or any part 
 thereof,*is (State the nature of the securities, if any ; as 
 
 thus : an I. 0. U. of the said A. B. for the said $ , 
 
 (jated , 18— )— Or, and that I do not hold any se- 
 
504 FORMS OF PROCEEDINGS IN 
 
 curity whatsoever for the debt so due to me, or any part 
 thereof. 
 
 Dated, &c. 
 
 {Signature of creditor.) 
 To {Name cmd address of the person to whom, by \ 
 
 the advertisement, the notice is directed to be sent), j 
 
 869. In Chancery. 
 
 K^lprjftny™" {Formal parts : see ante, No. 300.) 
 claim under the J E F., of {Place of busi/ncss), gentleman, the solicitor 
 advertisement. .^ ^^^.^ ^^^^^ ^^^^ matter] for the above-named plaintiff 
 
 [Or, defendant C. D.— or as may be\ the executor [Or, 
 administrator] of A. B., late of {Residence and addition : 
 as in the advertisement), deceased, make oath and say, as 
 follows : 
 
 1. No claim, or particulars of any claim, has or have 
 been sent ia to me {If so, add : or to my firm of F. & G., 
 
 of , aforesaid — as in the advertisemient) by any 
 
 person or persons claiming to be a creditor or creditors of 
 the said A. B., deceased, pursuant to the advertisement 
 issued in that behalf in this cause [Or, matter], dated the 
 
 day of , 18 — , and which was published in the 
 
 Hamilton Spectator of the day of , 18 — . 
 
 870. {Formal parts : see ante, No. 300.) 
 
 ^^Tdu^on"™ 1. A. B., the testator [Or, intestate] in the decree [Or, 
 
 judgment. Q^^gj.-] ^a,ted the day of , 18—, in this cause [Or, 
 
 matter], was at the time of his death, and his estate stiU 
 
 is, justly and truly indebted to me in the sum of $ , 
 
 for principal money, and for interest thereon at the rate 
 
 of $6 per cent, per annum, from the day of , 
 
 18 — , upon and by virtue of a judgment recovered by 
 me againt the said A. B. in Her Majesty's Court of 
 Queen's Bench at Toronto [or as may be\ and duly signed 
 
 on the day of , 18—, for the sums of $2,000 
 
 debt, and $2518 costs. 
 
 2. The said judgment now remains in fuU force and 
 virtue. 
 
 3. And I, speaking positively for myself, and to the 
 best of my knowledge and behef as to other persons, 
 lastly say, that I haye not, nor hath nor have any other 
 person or persons by my order, or for my use, received 
 the said sum of $ — - — , and interest, or any part thereof 
 respectively, nor any security or satisfaction whatsoever 
 therefor, save and exne. ]-'-^ •■■•■■ . - ^ _ ^ 
 
master's office — AFFIDAVITS OF CREDITORS. 505 
 
 {Formal parts : see ante, No. 300.) 
 
 1. By an indenture dated the day of— — , 18 — , 871. 
 
 now produced and shown to me, and marked A., and a debT due?nT 
 made between A. B., the testator [Or, intestate] in the "ovSt'Jpay 
 decree [ Or, order] dated the day of , 1 8 — . in this 
 
 cause [Or, matter] named, of the one part, and me of the 
 other part, the said A. B. granted and conveyed lot No. 
 one in the first concession of the township of Barton, in 
 the county of Wentworth, with the appurtenances, unto 
 and to the use of me, my heirs and assigns : subject to a 
 proviso for redemption thereof, in case the said A. B., his 
 
 heirs, executors, or administrators should on the day 
 
 of , 18 — , pay to me, my executors, administrators, 
 
 or assigns, the sum of S5,000, with interest thereon in the 
 meantime at the rate of $6 per cent, per annum ; and the 
 said A. B., for himself, his heirs, executors and adminis- 
 trators, therebj' covenanted with me, to pay me the said 
 sum of So, 000, with interest as aforesaid, according to the 
 said proviso. The said mortgage was given to secure the 
 sum of So ,000 cash, which was actually lent and advanced 
 by me to the said A. B. at the date thereof (or as the 
 case may be). 
 
 2. On the day of , 18 — , the said A. B. paid 
 
 to me the sum of 81,000 in part discharge of the said 
 85000. 
 
 3. The said A. B. was at the time of his death, and his 
 estate stUl is, justly and truly indebted to me in the sum 
 of 84,000, residu,e of the said 85,000, with interest on the 
 
 said $4,000 at the rate aforesaid, from the day of 
 
 , 18 — , upon and by virtue of the said indenture. 
 
 4. And I, speaking positively (Continue as in par. 3 
 of No. 870, ante, to tJie end : varying the statement tuhere 
 necessary). 
 
 5. I further say that I am not now, and never have 
 been since the date of the said mortgage, nor hath nor 
 have any person or persons, by my order or to my know- 
 ledge or belief, for my use^been in the occupation of the 
 said mortgaged premises, or of any part thereof, nor in 
 receipt of the rents, issues or profits of the same or any 
 part thereof 
 
 (Formal parts : see ante. No. 300.) 
 
 1. A. B., the testator [Or, intestate] in the decree [Or, ^^^872. 
 
 order] dated the day of , 18—, in this cause [Or, grove a_debt_^ 
 
 matter] named, made his bond, dated the day of —, mTn moMy" 
 
 18—, to me in the penal sum of $200, conditioned for the tond. 
 
506 FORMS OF PROCEEDINGS IN 
 
 payment by him, his executors or administrators, to me 
 
 of the said sum of $200, on the day of , 18 — , 
 
 together with interest thereon, in the meantime, at the 
 rate of $6 per cent, per annum ; and which said bond is 
 now produced and shown to me, and is marked A. {Show 
 consideration, as in Ifo. 871.) 
 
 2. The said A. B. was at the time of his death, and his 
 estate still is, justly and truly indebted to me in the said 
 sum of $200, with interest thereon at the rate aforesaid 
 
 from the day of , 18 — , upon and by virtue of 
 
 the said bond. 
 
 3. And I, speaking positively (Continue as in par. 8 of 
 No. 870, ante, to the end : varying the statement, where 
 necessary.) 
 
 an annuity. 
 
 The liJfn Proceed as in No. 872, to conditioned ; a/nd continue 
 
 bondtoaeoure ' thus : for the payment by him, his executors or adminis- 
 trators, of the sum of $20 a year to me, during the life of 
 E. F. : who is still living (or as Tnay be) ; and which said 
 bond is now produced and shown to me, and is marked 
 A. {Show consideration, as in No. 871.) 
 
 2. The said A. B. was at the time of his death, and his 
 estate still is, justly and truly indebted to me in the sum 
 of $40, for arrears of the said annuity computed to the 
 
 day of ,18 — , upon and by virtue of the said 
 
 bond. 
 
 3. And I, speaking positively (Continue as in par. 3 of 
 No. 870, ante, to the end : varying the statement, where 
 necessary.) 
 
 874. (FormMl parts : see ante, No. 200.) 
 
 biiios exchange. 1. A. B., the testator [Or, intestate] in the decree [Or, 
 
 order] dated the day of , 18 — , in this cause [Or, 
 
 matter] named, was at the time of his death, and his estate 
 still is, justly and truly iudebt^ to me in the sum of $80, 
 for principal money due on a Bill of exchange dated the 
 
 , 18 — , drawn by me upon and accepted by the said 
 
 A. B., for the payment of $80 to me months after the 
 
 date thereof ; 
 
 Or, due on a bill of exchange dated, ^c, drawn by 
 one C. D. upon and accepted by the said A. B., for 
 
 the payment of $80 to me months after the 
 
 date thereof ; Or, due to me as endorsee of a bill of 
 exchange, dated, ^c, drawn by C. D. upon and ac- 
 cepted by the said A. B., for the payment of $80 to 
 
master's office — AFFIDAVITS OF CREDITORS. 507 
 
 the order of the said C. D. months after the 
 
 date thereof, and by him endorsed to me {or as may 
 he); 
 
 together with interest on the said principal sum, at the 
 
 i-ate of So per cent, per annum, from the day of 
 
 ~ ' l'^ — ; and which said bill of exchange is now pro- 
 duced and shown to me, and is marked A. (Show con- 
 s^idemtion, as in Xo. 870). 
 
 2_And I, speaking positively {Gontinue as in par. 3 
 0/ S70, ante, to the end: varying the statement, where 
 necessary). 
 
 Prowed as in iVo. 874, ante, to principal money ; and 875. 
 
 continue thus : due on a promissory note dated the , p®™ adebt 
 
 18— ,_ for 890, made by the said A. B., whereby he ^™ao?y°note 
 promised to pay to me or my order the sum of $90 one 
 month after the date thereof; 
 
 Or, due on a promissory note dated, ^c, for $90, 
 made by the said A. B., and payable to me on de- 
 mand ; 
 
 Or, due to me as endorsee of a promissory note, dated, 
 .fc, made by the said A. B., for the payment of $90 
 
 to the order of E. F. months after the date 
 
 thereof, and by the said E. F. endorsed to me (or as 
 may be) ; 
 together with interest (Gontinue as in No. 874, ante, to 
 the end : substituting promissory note for bill of exchange). 
 
 Proceed as tn JS 0. 874, ante, to principal money ; and 876. 
 continue thus: due to me as the payee 01 a banker s check. 
 
 check, dated the , 18 — , drawn by the said A. B. on 
 
 Messrs. C. D. & Co., for the payment of $30 to me or 
 bearer, on demand ; 
 
 Or, due to me as the bearer of a banker's check, 
 dated, ^c, drawn by the said A. B. on Messrs. C. D. 
 &z Co., for the payment of $30 to E. F. or bearer, on 
 demand, and by the said E. F. transferred and de- 
 livered to me ; 
 and which said check has been duly presented to, and re- 
 fused payment by, the said Messrs. C. D. isL Co., and is 
 now produced and shown to me, and is marked A. 
 
 2. And I, speaking positively (Continue as in par. 3 of 
 No. 870, ante, to the end : varying the statement, where 
 necessary). 
 
508 FORMS OF PROCEEDINGS IN 
 
 877. {Formal 'parts: see ante. No. 300.) 
 
 proveadebt 1. A. B., the testator [Or, intestate] in the decree [Or, 
 
 conte'St!™''^" order], dated the day of , 18—, in this cause [Or, 
 
 matter], named, was at the time of his death, and his 
 estate still is, justly and truly indebted to me in the sum 
 of $150 for {State what; as in the following eocamples : 
 
 for money lent by me to the said A. B. at his request, 
 for money paid by me for the use of the said A. B. at 
 his request. 
 
 for money received by the said A. B. for my use. 
 for money found to be due from the said A. B. to me, 
 on an account stated between us. 
 for goods sold and delivered to me by the said A. B. 
 for work done, and materials for the same provided 
 by me for the said A. B. at his request, 
 for salary due and payable from the said A. B. to 
 me, for services done by me for the said A. B. as his 
 clerk, and on his retainer. 
 
 for work done by me as the agent of and for the said 
 A. B., and on his retainer, and for commission and 
 reward due and of right payable from him to me in 
 respect thereof 
 
 for work done as an attorney and solicitor, and 
 materials for the same provided, by me for the said 
 A. B., upon his retainer, and for fees due and pay- 
 able to me in respect thereof, and for money paid by 
 me for the use of the said A. B., at his request.) 
 
 If so : and in the further sum of $6 for interest upon, 
 and for the forbearance at interest to the said A. B. by 
 me, at his request, for divers spaces of time, of moneys 
 due and owing to me from the said A. B. ; and which 
 interest the said A. B. contracted and agreed with me to 
 pay me. 
 
 2. The fuU particulars of my aforesaid demand are set 
 forth in the paper writing now produced and shown to 
 me, and marked A. — Where applicable, add : The prices 
 charged in the said paper writing marked A. are fair and 
 reasonable, and such as are usual and customary in the 
 trade or business [Or, profession] of a timber merchant 
 {or as may he) : as I know from having carried on such 
 trade, <&c., for years last past. 
 
 3. And I, speaking positively {Continue as in No. 870, 
 ante, to the end : varying the statement, where necessary). 
 
MASTERS OFFICE — AFFDAVITS OF CREDITORS. 509 
 
 In Chancery. 
 
 {Title of cause or matter.) 3r7Q 
 
 I, C. D., of (Residence and addition), the executor of ^*'J*^* '^y ^ 
 the will [Or, administrator of the personal estate] of seSaSvel^tr^ 
 E. F., late of (Residence and addition) : who died on the LTh' efute.""' 
 
 day of , 18 — : acting under probate of such 
 
 will [Or, letters of administration of such estate] granted 
 
 to me on the day of , 18 — , make oath and say, 
 
 as foUows : 
 
 1. State, in numbered paragraphs, the nature and 
 existence of the debt: as in Nos. ii70 — 877, ante; and 
 conclude asfollcnvs: 
 
 '2. And I, speaking positively for myself, and to the 
 best of my knowledge and belief as to other persons, 
 lastly say, that the said E. F. did not in his lifetime, and 
 I have not, nor have nor hath any other person or per- 
 sons by the order of the said E. F., or of myself, or for his 
 or my \ise, received the said sum of $ nor any secu- 
 rity or satisfaction whatsoever therefor (or as may be). 
 
 In Chancery. 
 
 (Shoi't title.) 
 You are hereby required to produce, in support of the 879. 
 claim sent in by you, against the estate of A. B., deceased tors to produce 
 [Describe any document required"], before me (a) at my ^d™ordCT477, 
 chambers at, &c., on the day of , 18—, at scSe'v."' 
 
 o'clock in the noon. referred to iu 
 
 Dated this day of , 18 — . 
 
 G. R., of, &c., solicitor for the plaintiff 
 [Or, defendant, or as Tnay be]. 
 
 To m-. S. T. 
 
 In Chancery. 
 
 (Shortened style of cause.) 
 We, C. D., of, kc, the above named plaintiff [Or, defend- yj^SSO. 
 ant or as may be], the executors [Or, administrators] of executor or 
 
 A. B., late of , in the county of , deceased, and ^^^^^Sfunto 
 
 E. F., of, &c., solicitor, severaUy make oath and say as °'^% ^f^^^^'^s 
 
 fnlln-w« • J*^^ V- referred 
 
 lUiiuwa. .,„„_,..,,„ Tj. f. m ,„ to in that order. 
 
 I, the said E. F. [solicitor], for myself, say as follows : 
 
 l'. I have, in the paper writing now produced and shown 
 
 to me, and marked A., set forth a hst of all the claims, the 
 
 particulars of which have been sent in to me by persons 
 
 claiming to be creditors of the said A. B., deceased, pursu- 
 
 (o) This appears to be a mistake in the form. Semite the notice should be to produce 
 before the Master at his chambers. See Ord. 477. 
 
510 
 
 FORMS OF PROCEEDINGS IN 
 
 ant to the advertisement issued in that behalf, dated the 
 day of , 18 — . 
 
 And I, the said C. D., for myself, say as follows : 
 
 2. I have examined the several claims mentioned in the 
 paper writing now produced and shown to me, and marked 
 A., and I have compared the same with the books, ac- 
 counts, and documents of the said A. B. [or as Tnay be, and 
 state any other inquiries or investigations made], in order 
 to ascertain, as far as I am able, to which of such claims 
 the estate of the said A. B. is justly liable. 
 
 3. From such examination [and state wny other reason], 
 I am of opinion, and verily believe, that the estate of the 
 said A. B. is justly liable to the amounts set forth in the 
 sixth column of the first part of the said paper writing 
 marked A. ; and to the best of my knowledge and belief, 
 such several amounts are justly due from the estate of the 
 said A. B., and proper to be allowed to the respective 
 claimants named in the said Schedule. 
 
 4. I am of opinion that the estate of the said A. B. is 
 not justly liable to the claims set forth in the second part 
 of the said paper writing marked A., and that the same 
 ought not to be allowed without proof by the respective 
 claimants [_0r, I am not able to state whether the estate 
 of the said A. B. is justly liable to the claims set forth in 
 the second part of the said paper writing marked A., or 
 whether such claims, or any parts thereof, are proper to 
 be allowed without further evidence.] 
 
 Sworn, &c. 
 
 881. 
 
 List of claimB 
 referred to in 
 affidavit No. 
 448, being exhi- 
 bit referred to 
 in No. 3 of 
 Schedule V. 
 
 In Chancery. 
 
 (Short title.) 
 List of claims the particulars of which have been sent 
 in to E. R, the solicitor of the plaintiff [Or, defendant, 
 or as may he], by persons claiming to be creditors of A. B., 
 deceased, pursuant to the advertisement issued in that 
 behalf, dated the of , 18 — . 
 
 This paper writtQg marked A. was produced and 
 
 shown to , and is the same as is referred 
 
 to in his affidavit, sworn before me this 
 
 day of , 18 — . 
 
 W. B., &c. 
 
master's office — CREBITOES' CLAIMS. 
 
 First Part. — Claims proper to be allowed without 
 further Evidence. 
 
 611 
 
 6 
 
 13 
 
 ■i 
 
 Names of 
 Claimants. 
 
 Addresses and 
 Descriptions. 
 
 Nature of 
 Claim. 
 
 Amount 
 Claimed. 
 
 Amount proper to 
 be allowed. 
 
 
 
 
 
 ? ets. 
 
 $ cts. 
 
 Second Part. — Claims which ought to be proved by 
 the Claimants. 
 
 
 Names of 
 Claimants. 
 
 Addre.'ses and 
 Descriptions. 
 
 Nature of 
 Claims. 
 
 Amount claimed. 
 
 
 
 
 
 S cts. 
 
 {FoowmI parts : see ante. No. 384.) 
 on the part of the plaintiff {or as may he), that the costs 882. 
 occasioned to the appUcant, and the other parties to this ^"'"paj^e'Sfby" 
 suit {or as may be), by reason of the claim made by E. F., "'/jj^^'g^j^^j^ 
 of {Residence and addition), to rank as a creditor upon fui claim. 
 the estate of the testator G. H. {or as m,ay be), under the 
 
 decree [Or, order] dated the day of , 18 — , but 
 
 which claim has been disallowed, may be ascertained at 
 chambers, or taxed by the Taxing Master ; and that the 
 said E. F. may be ordered to pay such costs to the appli- 
 cant and other parties entitled thereto {or as may be.) 
 
 And take notice ((fee, as in No. 382.) 
 
 (Formal parts : see post, No. 890.) 
 
 To show cause why A. B., of {Residence and addition), 883. 
 notwithstanding the time limited for proving claims has Z^ewif^pn- 
 expired, should not be at liberty, under the decree [Or, ^^^'^\^''' 
 
 order], dated the day of , 18 — , in this cause ^^^^\^^^^ 
 
 [Or, matter], to come in and estabhsh his claim {State in Slowed has ex- 
 respect of what; as thus: as a creditor upon the estate of gJlf^^'eport'' 
 C. D., the testator [Or, intestate] in the said decree [Or, 
 order] named, for the sum of $— — . 
 
512 FORMS OF PROCEEDINGS IN 
 
 884. {Title — and address : see ante, No. 387..) 
 
 ^itted*aA° The humble petition of A. B., of '{Residence and 
 
 creditor, after addition), 
 
 direction to <■ il 
 
 apportion fund JShOWeth aS lOilOWS : 
 
 ^redito^rbif °'* Show nature of the s^dt, and the proceedings had 
 
 ^^^^^J^^°^- therein ; as thus: 1. This suit was instituted for the 
 
 administration of the estate of C. D. ; and by the decree 
 
 made thereiu, dated the day of , 18 — , the usual 
 
 accounts and inquiries were directed to be taken and 
 made, including an account of the debts of the said 
 C. D. 
 
 2. The Master at made his report, dated the 
 
 day of , 18 — , m pursuance of the said decree ; 
 
 and thereby certified the result of the said account of 
 debts, and of the other accounts and inquiries directed by 
 the said decree. 
 
 3. The said Master's report having become confirmed 
 
 on the day of , 18 — , this cause came on to be 
 
 heard on further directions on the day of , 
 
 18 — ; and by a decree then made of that date, the costs 
 of this suit were directed to be taxed, and to be paid out 
 of the sum of $1,000 cash in Court to the credit of 
 this cause; and the residue of such cash was thereby 
 directed to be apportioned amongst the creditors of the 
 said C D., in proportion to the respective amounts certi- 
 fied to be due to them by the said Master's report. 
 
 4. Pursuant to the said order, the costs thereby directed 
 to be taxed have been carried iuto the ofiice of the Taxing 
 Master ; but the taxation thereof is not yet completed ; 
 and no apportionment of the residue of the said fund has 
 yet been made. 
 
 Show nature of petitioner's claim ; and why omitted 
 to he made before ; as thus : 5. The said G. D. was, at the 
 time of his death, and his estate still is, justly and truly 
 indebted to your petitioner in the sum of $80, for goods 
 sold and delivered by your petitioner to the said C. D., in 
 the course of your petitioner's trade as a wine merchant. 
 
 6. Your petitioner, on the day of , 18 — , for the 
 
 first time became aware of the death of the said C. D., and 
 that his estate was under administration by this Honour- 
 able Court. By reason of your petitioner's ignorance of 
 the existence of this suit, no claim by or on the part of 
 your petitioner in respect of his said debt was made under 
 the said decree ; and your petitioner's said debt is omitted 
 from the said Master's report. 
 
 7. Your petitioner is now desirous to establish his said 
 debt against the assets of the said C. D. in this suit. 
 
master's office — creditors' claims. 513 
 
 Your petitioner therefore humbly prays that 
 he may be allowed to rank as a simple con- 
 tract creditor upon the estate of the said C. 
 D. for the said sum of $80, and for interest 
 thereon at the rate of $6 per cent, per annum 
 from the date of the said decree ; and that, 
 notwithstanding the said decree on further 
 dii-ections, the residue which will remain of 
 the said $1,000, after payment of the said 
 costs, may be directed to be apportioned 
 amongst your petitioner, in respect of his said 
 debt and interest, and the several creditors of 
 the said C. D. certified by the said report, in 
 proportion to the respective amounts so due 
 to your petitioner and the said other creditors ; 
 and that the apportioned sums maybe directed 
 to be paid to your petitioner and the said 
 other creditors accordingly. 
 
 Or that {Continue as in prayer of No. 387, 
 ante, to the end.) 
 
 (Formal paHs : see ante, Iffo. 384.) 
 on the part of A. B., of (Residence and addition) : 
 
 1. That he maybe allowed to rank as a simple contract 885. 
 creditor upon the estate of C. D., the testator l^Or, intes- toVeadnSted"" 
 
 tate] in the decree in this cause, dated the day of ^ter dfrecUon to 
 
 -, 18 — , named, for the sum of $80, and for interest apportion fund 
 
 thereon at the rate of $6 per cent, per annum from the fled creditors) 
 date of the said decree. porti'onmlnt'' 
 
 2. That, notwithstanding the order on further direc- ""■ *' 
 
 tions, dated the day of , 18 — , the residue 
 
 which will remain of the sum of $1,000 therein mentioned, 
 after payment of the costs thereby directed to be taxed, 
 may be directed to be apportioned amongst the applicant, 
 
 in respect of his said debt and interest, and the several 
 other creditors of the said C. D. whose debts are certified 
 
 by the Master's report dated the day of , 18 — , 
 
 in proportion to the respective amounts due to the appli- 
 cant and the said other creditors. 
 
 3. That the apportioned sums may be directed to be 
 paid to the applicant and the said other creditors accor- 
 dingly. And take notice (<fcc., as in No. 382.) 
 
 33 
 
514 
 
 FORMS AUD PRECEDENTS OF 
 
 886. 
 
 Notice to credi- 
 tor that claim 
 allowed under 
 Order 483, 
 being No. 4 of 
 Schedule V. 
 referred to in 
 that order. 
 
 In Chancery. 
 
 (Short title.) 
 
 To Mr. S. T. , . . A 13 
 
 The claim sent in by yon against the estate oi A. a., 
 
 deceased, has been allowed at the sum of $ [with 
 
 ipterest thereon at $ per cent, per annum, from the 
 
 day of , 18 — , and $ for costs, or as the case 
 
 may he!\ 
 
 If part only allotved, add : If you claim to have a 
 larger sum allowed, you are hereby required to prove 
 such further claim, and you are to file {<Scc., as %n next 
 
 form.) _ „ „ 
 
 ■' ^ G. R., of, &c. 
 
 Dated, &c. Solicitor for Flaintif, 
 
 [or as may be.] 
 
 887. 
 
 Notice to credi- 
 tor to prove his 
 claim under 
 Order 483, 
 being No. 5 of 
 Schedule V. 
 referred to in 
 that order. 
 
 In Chancery. 
 
 (Short title.) 
 
 You are hereby required to prove the claim sent in by 
 you against the estate of A. B., deceased. You are to file 
 such affidavit as you may be advised in support of your 
 
 claim, and give notice thereof to , Master in 
 
 Chancery [or as the case may be], on or before the 
 
 day of , 18 — ; and to attend personally, or by your 
 
 solicitor, at his Chambers, on the day of , 18 — , 
 
 at o'clock in the noon, being the time appointed 
 
 for adjudicating on the claim 
 
 Dated this day of — 
 
 18- 
 
 G. R., of, &c.. 
 Solicitor for the Plaintiff, or Defendant, 
 [or as may be.] 
 
 888. In Chancery. 
 
 List of debts •' 
 
 allowed, being 
 Schedule to 
 Master's Report. 
 
 (Short style of cause.) 
 List of Debts allowed. 
 
 
 Naheb of Creditors. 
 
 Prihcipai.. 
 
 ihtbrbst 
 Allowed. 
 
 Costs at law 
 
 (if any) 
 subsequent 
 
 to 
 Judgment. 
 
 Costs 
 
 of 
 
 this 
 
 Suit. 
 
 
 
 Rate 
 
 per 
 
 Cent. 
 
 Amount 
 to date of 
 Report. 
 
 
 [DistiTwwish amy 
 which are secured 
 by mortgage, lien, 
 or otherwite en- 
 titled to any prio- 
 rity.] 
 
 $ c. 
 
 
 $ e. 
 
 i c. 
 
 $ 0. 
 
 * ^. 
 
PEOCEEDTNGS IN MASTER'S OFFICE — WARRANTS. 515 
 
 In Chancery. 
 
 {Short Title.) 
 The cheques for the amounts directed to be paid to the Notice to c'redi- 
 creditors of A. B., deceased, by an order made in this mirbereclwed 
 
 matter [Or, cause], dated the day of , 18 — , may under order 486. 
 
 be received at the Accountant's Office, in Osgoode Hall, schedule V. 
 
 Toronto, on after the day of -, 18—. that oMer " 
 
 G. R., of, fee. 
 To Mr. W. S., Solicitor for the Plaintiff, 
 
 &c. [or as Tnay be.] 
 
 In Chancery. 
 
 (Short style of suit.) 
 By virtue of an Order or Decree of Reference, I do 890. 
 appoint the several days and times hereunder written for *"^'e''= ^^J^- 
 the several purposes also hereunder written, at my 
 
 Chambers, in the of , at which time and place 
 
 all parties concerned are to attend. 
 
 Dated the day of , 18 — . 
 
 A. B., 
 Master. 
 
 rant. 
 
 891. 
 
 „ -, , , , Forms of under- 
 
 Foryns for wnderwr'it%7ig warrants. writing war- 
 
 To consider the decree. Or, decree on further directions, W To consider 
 
 y-. 1 T 1 fl decree. 
 
 Or, order dated, &c. 
 
 The nlaintiff to show cause why the prosecution \0r, P) To change 
 
 „ , ^ ,.T»,, t"^ 1^1 ■ ,1 conduct of 
 
 further prosecution] of the order made herem on the reference. 
 day of, &c., should not be committed to the de- 
 fendant A. B. [Or, to A. B., a creditor who has estabhshed 
 his claim herein before the Master.] 
 
 The defendant C. D. to bring in his account, duly (^3):o™te™^ *" 
 verified by affidavit, in answer to the 4th, 5th, and 7th 
 inquiries [or as rruiy be], directed by the decree, Or, 
 decree on further directions in this cause, Or, order, dated, 
 fee, on the oth February, 1875, at 10 a.m. 
 
 To proceed on the accounts of C. D., with a view to WTop^^^^^ 
 ascertainiog what is admitted and what is contested, on 
 , at, &c. 
 
 To proceed on the accounts of C. D., and take notice, (^)^(°*" 
 that you are required to admit the same, or such parts 
 thereof as you can properly admit, on at, &c. 
 
 To hear and determine the matter referred to me under <^^^f^ »"* 
 the order dated, &c., on at, &c. 
 
 To tax costs under the order, &c. CO Ta^ <=o''^- 
 
 To settle report under the order, &c. (s) settle report. 
 
 (o) See Order 232. 0>) See Order 233. 
 
516 
 
 FORMS OF PKOCEBDINGS IN 
 
 Where one day is appointed for all these purposes by 
 the warrant, it is usual to say, to hear and determine, to 
 tax costs, and settle report under the order, <fcc. 
 
 892. 
 
 Master's direc- 
 tions for pro- 
 duction, made 
 in the presence 
 of the solicitor, 
 and entered in 
 his book. 
 
 At the request of the plaintiff [Or, defendant — or other 
 party, as the case may be], I direct that the defendant 
 A. B. [Or, the plaintiff C. D. — or other party, as the case 
 
 may be], do, on or before ten of the clock of the 
 
 day of next, produce and leave in my office, under 
 
 oath, all deeds, books, papers, writings and documents 
 (If any particular deed, book or writing be desired, 
 mention it specifically) in his [Or, their] custody or 
 power in any way relating to the matters in question in 
 this cause. 
 
 893. 
 
 Advertisement 
 for claimants 
 (other than 
 creditors of a 
 deceased per- 
 son), to come in. 
 
 Particular Proceedings. — Inquiries. — Glavms. 
 
 In Chancery. 
 
 (Short style of suit.) 
 Pursuant to a decree [Or, an order] of the Court of 
 Chancery, made in (Set out the short title of the matter or 
 clause ; as thus : the matter of the trusts of an indenture 
 dated the 4th January, 1860, between A. B. and C. D. — 
 Or, in a cause Jones against Styles — or ots may be — 
 
 bearing date the day of , the (State the special 
 
 object of the advertisement ; as thus :) the persons claim- 
 ing to be the heirs at law of A. B., late of (Residence and 
 addition), living at the time of the said .A.. B.'s death on 
 
 the day of , 18 — , 
 
 Or, the persons claiming to be next of kin, according 
 to the Statutes for the Distiibution of Intestates' 
 Estates, of A. B., late of cfcc, living at the time of his 
 
 death on the day of , 18 — , or to be 
 
 the legal personal representatives of such of the said 
 next of kin as are now dead. 
 
 Or, the persons claiming to be interested under a cer- 
 tain indenture dated the day of , 18 
 
 executed by A. B., then of &e., for the benefit of his 
 
 creditors, 
 
 Or, the persons claiming to be entitled to the legacy 
 
 of $4,000 bequeathed by the wiU of the testator Isaac 
 
 Brown, late of , in the county of , 
 
 gentleman, to the child or children of his nephew 
 William Saunders, 
 
master's office— affidavits as to heirs, etc. 517 
 
 Or, the persons claiming to be entitled to any mort- 
 gage, charge or other incumbrance upon or affecting 
 the legacy of $4,000 bequeathed to John Jones, now 
 or late of {Residence and addition), by the will of his 
 fa,ther Ephraim Jones, late of {Residence and ad- 
 dition), who died on or about the day of 
 
 , 18 — , 
 
 are, by their solicitors, on or before the day of , 
 
 18 — ,at 10 o'clock a.m., to come in and prove their claims, 
 
 at the Chambers of the Master of the Court at {or as 
 
 may be) : Or, in default thereof, they will be peremptorily 
 excluded from the benefit of the said decree [Or, order]. 
 
 Dated this day of , 18 — . 
 
 A.B., 
 Master at . 
 
 {Formed parts : see ante, iVo. 300.) 
 
 1. John Hughes, late of {Residence and addition), the 894. 
 intestate in the decree [Or, order] in this cause [Or, mat- ^«e?Jo'^ 
 ter] dated the day of , 18— named, wasmy'SSpt^ 
 
 son. kindred. 
 
 2. The said John Hughes died on the day of , 
 
 18 — . He is the same person as " John Hughes," in the 
 certificate marked A., now produced and shown to me, 
 named ; and purporting to be a copy of an entry of his 
 burial in the register book of burials kept for the parish 
 of W., in the county of Y., for the year 18 — . 
 
 3. The said John Hughes was married twice only; 
 
 namely : (1) On the day of , 18 — , to Laura 
 
 Thornton, at the parish church of S., ia the city of T. ; 
 
 and (2) on the day of , 18 — , to Jane Watts, at 
 
 the parish church of P., in the county of R. 
 
 4. The said John Hughes and Laura Thornton are the 
 same persons as " John Hughes," bachelor, and " Laura 
 Thornton," spinster, respectively named in the certificate 
 marked B., now produced and shown to me ; and purport- 
 ing to be a copy of an entry of their marriage in the re- 
 gister book of marriages kept for the said parish of S., for 
 the year 18 — . 
 
 5. The said Laura Thornton, then Laura the wife of the 
 
 said John Hughes, died on the day of , 18 — . 
 
 She is the same person as " Laura Hughes," in the paper 
 writing marked C, now produced and shown to me, 
 named ; and purporting to be a copy, under the seal of 
 
 the General Register Office, of the entry No. , in the 
 
 certified entries of deaths in the district of K., in the 
 county of L., for the year 18 — . 
 
518 FORMS OF PROCEEDINGS IN 
 
 6. The said John Hughes and Jane Watts are the same 
 persons as " John Hughes," widower, and " Jane Watts," 
 widow, respectively named in the paper writing marked 
 D., now produced and shown to me ; and purporting to 
 be a copy of an entry of their marriage in the register 
 book of marriages kept for the said parish of P., for the 
 year 18 — . 
 
 7. The said John Hughes had two children only 
 by his wife Laura Hughes, formerly the said Laura 
 Thornton ; namely : (1) Albert Hughes, and (2) Maria 
 Hughes. 
 
 . 8. The said Albert Hughes is the same person as 
 " Albert, son of John and Laura Hughes," in the paper 
 writing marked E., now produced and shown to me, 
 named ; and purporting to be a copy of an entry of his 
 baptism in the register book of baptisms kept for the 
 parochial chapelry of L., in the county of M., for the year 
 18—. 
 
 9. The said Maria Hughes is the same person as " Maria, 
 daughter of John and Laura Hughes," in the paper writ- 
 ing marked F., now produced and shown to me, named ; 
 and purporting to be a copy of an entry of her baptism in 
 the last mentioned register book, for the year 18 — . 
 
 10. The said Maria Hughes has been married once only;^ 
 
 namely ; on the day of , to Thomas Jones, of 
 
 {Residence and addition), at the parish church of N., in the 
 city of 0. They are the same persons as " Thomas Jones," 
 bachelor, and " Maria Hughes," spinster, respectively 
 named in the paper writing marked G., now produced 
 and shown to me ; and purporting to be a copy of an 
 entry of their marriage in the register book of marriages 
 for the said parish of N., for the year 18 — . 
 
 11. The said John Hughes had no child by his wife 
 Jane Hughes, formerly the said Jane Watts, and now his 
 widow. 
 
 12. The said Jane Hughes and Albert Hughes, and 
 the said Thomas Jones and Maria his wife, formerly the 
 said Maria Hughes, are respectively now living. 
 
 13. Show means of knowledge. 
 
 Sworn, &c. 
 
 Inquiries as to Legacies and Annuities. 
 895. In Chancery. 
 
 Affidavit by a "^ /rr'j.1 £ ,, \ 
 
 beneficiary, as {1 itiC Of CaUSC OT matter.) 
 
 b"yi5m,'°'"'*"°'° . I. John Jones, of {Residence and addition,- and iden- 
 tify the deponent with the cause or matter, as thus: one 
 of the defendants above named — Or, in the plaintiff's bill 
 
MASTEE'S OFFICE— AFFIDAVITS AS TO INCUMBRANCES. 519 
 
 in this cause named— Or, one of the children of Ephraim 
 Jones, the testator in the decree in this cause (Or, matter) 
 
 dated the day of , 18 — named — (or as may be), 
 
 make oath and say as follows : 
 
 1. I have not at any time mortgaged, charged or other- 
 wise incumbered the legacy of $1,000 bequeathed to me 
 by the will of the said testator Ephraim Jones, or any 
 part thereof {or as may he — according to the inquiry 
 directed), to, or in favour of, any person or persons whom- 
 soever — If so : save and except as hereinafter mentioned, 
 
 that is to say : By an indenture dated the day of 
 
 > 18 — , and made between myself of the one part, and 
 
 Charles Davies, of, &c., of the other part, I assigned the 
 said legacy, and the interest due, and to accrue due in 
 respect thereof, unto the said Charles Davies, to secure to 
 him the repajrment of $400, with interest thereon at the 
 rate of $5 per cent, per annum ; and which sum, with 
 
 interest thereon at the rate aforesaid from the day of 
 
 , 18 — , remains due to the said Charles Davies upon 
 
 the security of the said indenture {or as may be.) 
 
 Sworn, &c. 
 
 896. 
 
 I In Chancery. 
 
 {Title of cause or meatier.) 
 I, A. B., of {Residence and addition), the above-named Affidavit by an 
 defendant, and the executor of the will of Ephraim Jones, executor, or a 
 the testator in the decree [Or, order] in this cause [Or, notioes'received 
 
 matter] dated the day of , 18—, named {or as »f"™'"'''^°'=«s- 
 
 may be), make oath and say as follows : 
 
 1. I have not at any time received notice of any mort- 
 gage, charge, or incumbrance created by any person or 
 persons interested under the will of the said Ephraim Jones 
 of the legacies, shares or interests thereby bequeathed to 
 them respectively, or any part or parts thereof {or as may 
 be — according to the inquiry directed) — If so : save and 
 
 except the notices now produced and shown to me, 
 
 and marked respectively A., B., cfcc. ; and which notices 
 were received by me on the respective days set forth in 
 the first column of the schedule hereto; and the short 
 particulars of the said notices are set forth in the second 
 column of such schedule, opposite the respective days on 
 which such notices respectively were so received. 
 {For form of Schedule, see next page.) 
 
520 
 
 FOEMS OF PROCEEDINGS IN 
 
 The Schedule above referred to. 
 
 Date when notice recsived. 
 
 Short Paxticulara. 
 
 1st January, 1865 
 
 A notice, dated , 18-, from Messrs. A. & B., of. 
 
 
 (&c., of an assignment by John Jones of his legacy 
 of SI ,000 to Charles Davies, of, dfcc, to secure $100 
 and interest. 
 
 
 
 807. In Chancery. 
 
 List of Legacies . „, , , . ,, , 
 
 remaining un- ( OftOjt t%Ue.) 
 
 paid 
 
 List of Legacies remaining unpaid. 
 
 Serial 
 No. 
 
 Names of Legatees. 
 
 Descriptions. 
 
 Amounts of 
 
 principal 
 
 and interest. 
 
 Total amounts 
 due. 
 
 1 
 
 James Oliver 
 
 Mary Russell 
 
 Jane, the wife 
 of John 
 Williams .... 
 
 Son of testator, an 
 
 $ cts. 
 
 400 00 
 7 06 
 
 $ cts. 
 
 
 Interest 
 
 of London, widow 
 
 Interest from 1st 
 .lanuary, 1867, 
 the death of t»s- 
 
 407 06 
 
 2 
 
 50 00 
 4 08 
 
 
 of St. Catharines, Esq.. 
 Paid in part 
 
 Interest 
 
 64 03 
 
 3 
 
 260 00 
 60 00 
 
 200 00 
 14 11 
 
 214 11 
 676 24 
 
 
 Total 
 
 898. In Chancery. 
 
 List of Amiui- 
 ties and Arrears 
 due. 
 
 {Short title.) 
 List of Annuities, and arrears due. 
 
 Serial 
 No. 
 
 Names of Annui- 
 tants. 
 
 Description of Annui- 
 tants and Nature of 
 Annuities. 
 
 Amounts of 
 Annuities. 
 
 Amounts of 
 AiTears due. 
 
 1 
 
 Mary Jones 
 
 Spinster, daughter of 
 testator during her 
 life 
 
 Totals . 
 
 $ cts. 
 60 00 
 
 $ cts. 
 26 OO 
 
 
 50 00 
 
 25 00 
 
 
 
JIASTER's office — AFFIDAVITS VERIFYING ACCOUNTS. 521. 
 
 In Chancery. 
 
 {Title of the cause.) 899. 
 
 Vi^e, A. B., oi (Be&id^'nce and addition), CD., of, <^c., ^^^^^j^'^^y^^^^ 
 and E. F. , of, <£■<?., the above named defendants [or as and trustees, 
 may be], severaUy make oath and say, as foUows :— L'JoS,*t 
 
 1. We have according to the best of our knowledge, re- "uai'S^uWw 
 membrance, information and behalf, set forth in the first ■« t° ■^■^ """i ' 
 Schedule hereunder ^^Titten, a full, true, and particular ""^"""^ ''*'"• 
 account and inveatory of the personal estate of or to which pellonS'Ltte 
 G. H., the testator [Or, intestate] in the decree [Or, order] at death (a). 
 dated the day of , 18 — , made in this cause 
 
 named or referred to, and who died on the day of 
 
 , 18 — , was possessed or entitled at the time of his 
 
 death — If the decree or order directs only an account of 
 personal estate not spexificcdly bequeathed, add: and not 
 by him specifically bequeathed. 
 
 2. Save what is set forth in the said first Schedule — 
 If so : and what is by the said testator specifically be- 
 queathed — the said testator [Or, intestate] was not, to the 
 best of oiu' knowledge, information, or belief, at the time 
 of his death possessed of, or entitled to, any debt or sum of 
 money due to him from us, [or any] or either of us, on any 
 account whatsoever, nor to any leasehold, or other personal 
 estate, goods, chattels, or efiects, in possession, or rever- 
 sion, absolutely, or contingently, or otherwise howsoever., 
 
 3. The debts of the said testator [Or, intestate] are 
 those set forth in our affidavit made under Order 480 of 
 
 the Con. G. O. of June, 1868, and filed on the day 
 
 of , IS— (6). 
 
 4. The testator's [Or, intestate's] funeral expenses have FunemieK^ 
 been paid ; and the same consist of the items of disburse- p^"-*^- 
 
 ment numbered and in the account marked A. 
 
 hereinafter referred to [Or, if not paid, state the amount 
 
 due, and to whom due : as thus: The said testator's 
 
 funeral expenses amount to $ ; and the same remain 
 
 due to J. S., of N., in the (county) of M., undertaker]. 
 
 5. We have, in the account marked A. now produced Account ot 
 and shown to us (c), according to the best of our know- p"""'""* 
 
 (o) The first Schedule to the affidavit should show the state of the assets at the tes- 
 tator's death ; the second, at the time the affidavit is sworn ; and the accounts of per- 
 sonal estate verified by the affidavit, should disclose all the receipts and payments in 
 respect of the assets between those periods. Thus, where a testator leaves a sum of 
 bank stock, which the executor afterwards sells, and invests the proceeds in Dominion 
 stock ; the bank stock vrill appear in the first Schedule ; the proceeds of the sale on 
 the debit side of the account ; the cost of the Dominion Stock on the credit side ; and 
 the amount of the Dominion Stock will form an item in the second Schedule, as an 
 asset outstanding or undisposed of. For form of these Schedules, see post, No. 900. 
 
 (b) The form of this affidavit is given ante, No. 880, and is No. 3 of Schedule V. to 
 
 (c) For form of this account, see post. No. 901. Where the decree or order directs 
 that in taking the account, capital is to be distinguished from income, the account 
 should be divided into two parts : the first embracing the transactions as to capital ;. , 
 the second as to income ; and the affidarit varied accordingly. 
 
-522 
 
 FORMS OF PROCEEDINGS IN 
 
 'Personal estate 
 • oufcfltanding. 
 
 Real estate at 
 t death. 
 
 ledge, information and belief, set forth a full, true and 
 particular account of the personal estate of the said testa- 
 tor [Or, intestate] — If so: not by him specifically be- 
 queathed — which has come to our hands, or to the hands 
 of [any or] either of us, or to the hands of any person or 
 persons by our, [or any] or either of our order, or for our, 
 [or any] or either of our use : with the times when, the 
 names of the persons from whom, and on what account, 
 the same has been received; and also a like account of the 
 disbursements, allowances, and payments made by us, [or 
 any] or either of us, in respect of, or on accoimt of, the said 
 testator's [Or, intestate's] funeral expenses, debts, and 
 personal estate: together with the purposes for which, 
 .the same were disbursed, allowed, or paid. 
 
 6. We have, in the account marked B. now produced 
 and shown to us, according to the best of our knowledge, 
 information and belief, set forth a full, true and particular 
 account of the legacies left by the said testator (a). 
 
 7. We, each speaking positively for himself, and to the 
 best of his knowledge and belief as to other persons, 
 further say : that save and except as appears in the said 
 account marked A., we have not, nor has [any or] either of 
 us, nor have nor has any other persons or person by our, 
 [or any] or either of our order, or for our, [or any] or either 
 of our use, possessed, received, or got in, any part of the 
 said testator's [Or, intestate's] personal estate, nor any 
 money in respect thereof; and that the said account 
 marked A. does not contain any item of disbursement, 
 allowance, or payment, other than such as has actually 
 been disbursed, paid, or allowed, on the account aforesaid. 
 
 8. To the best of our knowledge, information, and be- 
 lief, the personal estate of the said testator [Or, intestate] 
 now outstanding, or undisposed of, consists of the par- 
 ticulars set forth in the second schedule hereunder writ- 
 ten (6). 
 
 9. Save what is set forth in the said second schedule, 
 there is not, to our knowledge, information, or belief, any 
 part of the said testator's [Or, intestate's] personal estate 
 now outstanding, or undisposed of 
 
 10. We have, according to the best of our knowledge, 
 remembrance, information, and belief, set forth in the 
 third schedule (c) hereunder written the particulars of all 
 the real estate which the said testator [Or, intestate] was 
 
 (a) For form of this account see post. So. 9016. 
 
 (&) This schedule should contain all the existiuo: assets ; such as Dominion Stock, 
 whether in the executors' names or in Court, and anv cash in the hands of the execu- 
 . tors ; Bloxam, 43. For form of this Schedule, see post, No. 900 (2). 
 ( (c) For form of this Scheduls, see post. No. 900 (3). 
 
master's office— affidavits veeifying accounts. 523 
 
 •seized of, or entitled to (Follow the luords of the decree or 
 
 order ; as thus:) 
 
 at the time of his death. 
 
 Or, at the date of his will, and at the time of his 
 death — and, in the latter case, if any estates were 
 acquired between those periods, distinguish the same ■ 
 as thus : ' 
 
 10. We have (cC-c. ; as above, to behef), set forth 
 in the first part of the third schedule hereunder 
 TOtten the particulars of all the real estate 
 which the said testator [Or, intestate] was seized 
 of, or entitled to, at the date of his will, and in 
 the first and second parts of such schedule the 
 particulars of all the real estate which the said 
 testator was seized of, or entitled to, at the time 
 of his death. 
 
 11. Save what is set forth in the said schedule, the 
 said testator [Or, intestate] was not, to the best of our 
 knowledge, information, or belief, at the date of his wiU 
 or at the time of his death, seized of, or entitled to, any 
 real estate, in possession, remainder or reversion, abso- 
 lutely or contingently, or otherwise howsoever. 
 
 12. We have, according to the best of our knowledge, inoumbrances. 
 information, and belief, set forth in the fourth schedule 
 hereujider written the particulars of all the incumbrances 
 affecting the said testator's [Or, intestate's] real estate, 
 
 and what part thereof such incumbrances respectively 
 aifect (a). 
 
 13. We have, in the account marked C. now produced Account of 
 and shown to us (6), according to the best of our know- profitr 
 ledge, information, and behef, set forth a full, true, and 
 particular account of all the rents and profits of the said 
 testator's [Or, intestate's] real estate which have come to 
 
 our hands, or to the hands of [any or] either of us, or to the 
 hands of any person or persons by our, [or any] or either 
 of our order, or for our, [or any] or either of our use ; and 
 the times when, the names of the persons from whom, on 
 what account, in respect of what part of such estate the same 
 have been received, and the times when the same became 
 due ; and also a like account of the disbursements, allow- 
 ances, and payments made by us, [or any] or either of us, 
 in respect of the said testator's [Or, intestate's] real estate, 
 or the renis and profits thereof, and the times when, the 
 
 (a) For form of this Schedule, see post^ No. 900 (4). If there is no incumbrance, alter 
 the paragraph accordingly ; see post. No. 905, par. 3. 
 
 (&) For form of this account, set post^ No. 902. 
 
524 
 
 FORMS OF PROCEEDINGS IN 
 
 names of the persons to whom, and the purposes for which, 
 the same were made. 
 
 14. And we, each speaking positively for himself, and 
 to the best of his knowledge and belief as to other per- 
 sons, further say : that, save and except as appears in the 
 said account marked C, we have not, nor has [any or] 
 either of us, nor have nor has any other persons or person 
 by our or [any or] either of our order, or for our [or any] 
 or either of our use, possessed, received, or got in, any rents 
 or profits of the said testator's [Or, intestate's] real estate, 
 nor any money ia respect thereof; and that the said ac- 
 count marked G. does not contain any item of disburse- 
 ment, payment, or allowance, other than such as has 
 actually been disbursed, paid or allowed, as above stated. 
 
 The first Schedule above referred to. 
 
 900. 
 
 Schedules to 
 
 foregoing 
 
 affidavit. 
 
 (1) Personalty 
 at death. 
 
 Account of the testator's [Or, intestate's] personal 
 estate, at his death. 
 (Set Old the particulars ; as in the following examples :) 
 
 1. $500 cash in the house. 
 
 2. $1,000 cash at the testator's bankers, Messrs. A. & B. 
 
 3. $1,000, Ontario Bank Stock standing in the testator's 
 name. 
 
 4. $100 due from John James, for half-year's rent of 
 house at , to Michaelmas, 18 — . 
 
 5. $322,60, balance remaining due from John Thomas, 
 
 on account of half-year's ■ rent of farm at , to 
 
 Michaelmas, 18 — . 
 
 6. $300, a debt due from Samuel Jones, on a bond : 
 with interest from , at — per cent. 
 
 7. A leasehold house situate at , held under a 
 
 lease for a term of years, which will expire 
 
 on , 18 — , at a rent of $ — a year : underlet to 
 
 James Evans for a term which will expire on , 
 
 1 8 — , at a rent of $50 a year. 
 
 8. $25, half a year's rent due from the said James Evans 
 at Christmas, 18 — . 
 
 (2) Personalty 
 outstanding or 
 undisposed of. 
 
 The second Schedule above referred to. 
 
 Personal estate outstanding or undisposed of 
 (Set out the particulars ; as in the above examples.) 
 
masters office — schedules to affidavits. 525 
 
 The third Schedule above referred to. 
 
 Real estate. 
 
 (Set oat a short particular of the real estate; as in the 
 follciving e.vamples :) 
 
 1. A freehold mansion, and grounds attached, contain- (3) Realty. 
 
 ing about three acres, situate at , and called " The 
 
 Evergreens:" in the testator's occupation at his death, 
 
 and now in hand, described as follows (Give full de- 
 scription.) 
 
 2. A freehold farm, called " Low End Farm," situate at 
 
 , containing about 500 acres, and in the occupation 
 
 of James Evans, under a lease for a term which will ex- 
 pire at , 18 — , at the yearly rent of $600, described 
 
 as follows (Give full description.) 
 
 3. Twenty freehold cottages, situate at aforesaid, 
 
 in the occupation of Michael Sullivan, c&c, as weekly 
 
 tenants, at rents amounting collectively to $ a year, 
 
 described as foUows (Grive full description.) 
 
 The fourth Schedule above referred to. 
 
 Incumbrances affecting the real estate. 
 (Set out a short particular of the incumbrances ; and W incumbian- 
 show what part of the above real estate is subject to each ; °^ "^ "°^ ' ' 
 as in the follcnving examples :) 
 
 1 . The mansion and grounds numbered 1 in the third 
 schedule above written are subject to a mortgage created 
 by the testator by indenture dated, &c., in favour of Reuben 
 Johnson, and now vested in Alfred Symes, of [Residence 
 and addition), as security for $500 due to him, with in- 
 terest at $6 per cent. 
 
 2. The farm numbered 2 in the said third schedule is 
 charged with the payment of an annuity of $40 to Jemima 
 Brown, of, <fcc., widow, during her life, under the will of 
 the testator's brother, Ephraim Hughes. 
 
 3. The closes of land numbered 4 in the said third 
 schedule are subject to the dower of A. B., widow of the 
 said testator (or as the case may he.) 
 
526 
 
 FORMS OF PROCEEDINGS M 
 
 901. 
 
 Account of 
 personal estate, 
 referred to in 
 N"o. 899. 
 
 A. 
 
 In Chancery. 
 
 (Short title of cause.) 
 This account marked A. was produced and shown to 
 A. B., G. D., and E. F. [or as may &e], and is the account 
 
 referred to in their affidavit sworn this day of 
 
 , 18—, 
 
 Before me, 
 (Signature of the Com'missioner or Officer 
 before whom, the affidavit is sworn.) 
 
 EECEIPTS. 
 
 DISBURSEMENTS. 
 
 i 
 1 
 
 
 Names of persona 
 
 from whom 
 
 received. 
 
 On what ac- 
 count received. 
 
 1 
 
 1 
 1 
 
 •s 
 
 6 
 
 1 
 
 2 
 3 
 
 4 
 
 1 
 
 1^ 
 
 Names of persons 
 
 to whom paid 
 
 or allowed. 
 
 For what pur- 
 pose paia or 
 allowed. 
 
 6 
 'If 
 
 r 
 
 1 
 
 18— 
 
 
 Pound in house.. 
 
 Balance at 
 bankers 
 
 Half year's di- 
 vidend on 
 $2,000 36 per 
 cent, stock, 
 due . 
 
 Half year's rent 
 of freehold, 
 due 
 
 Bond debt of 
 $300 and in- 
 terest from 
 to . . . 
 
 Half year's rent 
 of leasehold 
 house, due — -. 
 
 Produce of sale 
 of the above 
 leasehold 
 house 
 
 S c. 
 
 1 
 
 1 
 
 18— 
 
 James Price 
 
 Messrs. A. & 6 
 
 John George 
 
 James Price 
 
 Undertaker's 
 bill for fune- 
 ral 
 
 Solicitor's bill 
 for probate . . 
 
 A debt due to 
 him for medi- 
 cal attend- 
 ance 
 
 Bond debt of 
 $1,000, and 
 325 for in- 
 terest thereon 
 from to 
 
 % 0. 
 
 2 
 1 
 
 Evans & Co 
 
 
 4 
 
 6 
 
 6 
 7 
 
 John James 
 
 Samuel Jones 
 
 James Evans 
 
 WUliam Williams.. 
 
 
 901b. 
 
 Account of 
 legacies referred 
 to in No. 899. 
 
 B. 
 
 In Chancery. 
 
 (Short title of cause.) 
 This account marked B. was produced and shown to 
 A. B., C. D. and E. F. [or as may &e], and is the account 
 
 referred to in their affidavit sworn this day of 
 
 , 18-, 
 
 Before me, 
 (SigTiature of the Commissioner or Officer 
 before whom the affidavit is sworn) 
 
master's office — ACCOUNT OF RENTS, ETC. 
 
 Legacies left by the testator [Or, intestate.] 
 
 1. To his ^ddow, Jane 
 
 -, all his household furni- 
 
 ture (Following the words of the luill.) 
 
 To his son, Y. Z., the sum of $400, payable (Follow- 
 ing the ivords of the will.) 
 
 To his daughters, Ann, Jane, and Mary, the sum 
 of 81,000 each, payable (Folloicing the words of the 
 will) 
 
 To his son, S. S.. Lot No. — , in the township of 
 
 , in the coimty of , in fee (or as may 
 
 be — Following the words of the will.) 
 
 527; 
 
 In Chancery. 
 
 (Short title of cause) 
 This account marked C was pi-oduced and shown to 902. 
 A. B., C. D., and E. F. [or as may 6e], and is the account rentelndproflts, 
 
 referred to in their afedavit sworn this day 
 
 , 18—, 
 
 Before me, 
 
 f.f referred to in 
 "1 No. 899. 
 
 (Signature of the Commissioner or Officer 
 before whom the affidavit is sworn) 
 
 RECEIPTS. 
 
 DISBURSEMENTS. 
 
 s 
 s 
 
 II 
 
 Names of persong 
 
 from whom 
 
 received. 
 
 On what ao 
 
 count, and in 
 
 respect of what 
 
 part of the 
 estate received, 
 and when due. 
 
 3 
 
 . 
 
 o 
 
 i 
 1 
 
 2 
 
 3 
 
 •a 
 §1 
 
 Is 
 
 Q 
 
 Names of persona 
 
 to whom paid 
 
 or allowed. 
 
 For what pur- 
 pose paid or 
 allowed. 
 
 
 I 
 
 18— 
 
 John James 
 
 Thomas Jones 
 
 John James 
 
 Half year's rent 
 for farm in 
 Township of 
 , due . 
 
 One quarter 
 year's rent 
 of house at 
 , due . 
 
 Same as No. 1, 
 due . 
 
 $ c. 
 
 18- 
 
 Sun Insurance 
 
 One year's in- 
 surance 
 against fire, 
 due . 
 
 Repairs at 
 John James's 
 farm 
 
 Taxes— half year 
 due 10th Oeto- 
 her, 18—, on 
 Thomas Jones' 
 farm 
 
 $ c. 
 
 2 
 3 
 
 Thomas Carpenter. 
 James Francis .... 
 
 
528 
 
 FORMS OF PROCEEDINGS IN 
 
 903. 
 
 Affidavit by 
 „ joint executors 
 and trustees, 
 verifying their 
 supplemental 
 accounts -of 
 personal estate, 
 -and rents and 
 :,profits. 
 
 (Formal parts : see ants. No. 300.) 
 
 1. We have, in the account marked C, now produced 
 and shown to us, according to the best of our knowledge, 
 information, and belief set forth a full, true, and parti- 
 cular account of the personal estate of G. H., the testator 
 in the decree [Or, order] made in this cause, dated the 
 
 day of , 18 — , named or referred to — If so : 
 
 and not by him specifically bequeathed — ^which, since the 
 
 day of , 18 — (the time to which our former 
 
 account thereof, marked A., verified by our affidavit filed 
 this cause the day of , 18 — , was made 
 
 m 
 
 up and rendered), has come to our hands {Continue as in 
 par. 5 of No. 899, ante, to the end of that par) 
 
 2. We, each speaking positively for himself, and to the 
 best of his knowledge and belief as to other persons, 
 further say : that save and except as appears in the said 
 accounts marked A. and C, we have not, nor has [any or] 
 either of us, nor have nor has any other persons or person 
 by our [or any] or either of our order, or for our [or any] or 
 either of our use, possessed, received, or got in any part 
 of the said testator's personal estate, nor any money in 
 respect thereof ; and that the said account marked C does 
 not contain any item of disbursement, allowance, or pay- 
 ment, other than such as has actually been disbursed, 
 paid, or allowed on the account aforesaid. 
 
 3. To the best of our knowledge, information, and be- 
 lief, the personal estate of the said testator now out- 
 standing, or undisposed of, consists of the particulars set 
 forth in the schedule hereunder written. 
 
 4. Save what is set forth in the said schedule, there is i 
 not, to our knowledge, information, or belief, any part of 
 the said testator's personal estate now outstanding, or un- 
 disposed of 
 
 5. We have, in the account marked D., now produced 
 and shown to us, according to the best of our knowledge, 
 information, and belief, set forth a fuU, true, and particular 
 account of all the rents and profits of the said testator's 
 
 real estate, which since the day of , 18 — 
 
 (the time to which our former account thereof, marked 
 B., verified by our said affidavit filed in this cause the 
 
 day of , 18 — , was made up and rendered), 
 
 have come to our hands, or to the hands of [any or] either 
 of us, or to the hands of any person or persons by our [or 
 any] or either of our order, or for our [or any] or either of 
 our use ; and the times when, the names of the persons 
 from whom, on what account, in respect of what part of 
 
 hsuch estate the same have been received, and the times 
 
master's office — AFFIDAVITS VERIFYING ACCOUNTS. 529 
 
 when the same became due ; and also a like account of 
 the disbursements, allowances and payments made by us, 
 [or any] or either of us, in respect of the said testator's real 
 estate, or the rents and profits thereof, and the times when, 
 the names of the persons to whom, and the purposes for 
 which, the same were made. 
 
 6. And we, each speaking positively for himself, and 
 to the best of his knowledge and belief as to other per- 
 sons, further say : that save and except as appears in the 
 said accounts marked B. and D., we have not, nor has [any 
 or] either of us, nor have nor has any other persons 
 or person by our [or any] or either of our order, or for 
 our [or any] or either of our use, possessed, received, or got 
 in, any rents or profits of the said testator's real estate, nor 
 any money in respect thereof ; and that the said account 
 marked D. does not contain any item of disbursement, 
 payment, or allowance, other than such as has actually 
 been disbursed, paid, or allowed as above stated. 
 
 The schedule above referred to. 
 
 (Set out the particulars of the personal estate ov.t- 
 standing or undisposed of: For examples, see ante, 
 No. 900.) 
 
 {Formal parts : see ante, No. 300.) 
 
 1. I have, according to the best of my knowledge, re- ^^^^^^^ 
 membrance, information, and belief, set forth in the first sole executor 
 schedule hereunder written a full, true, and particular tJr, verifying 
 account and inventory of the personal estate of or to which ^Ji'^^^ri^'the"** 
 G. H., the testator [Or, intestate] in the decree [Or, order] ^^J'^"^™' 
 
 made in this cause dated the day of , 18 — , eetate. 
 
 named or referred to, and who died on the day of 
 
 _ 18 — , was possessed or entitled at the time of 
 
 his death. 
 
 In a case of testacy, arfd— and not by him specifi- 
 cally bequeathed. 
 
 2. Save what is set forth in the said first schedule, in 
 <i case of testacy, add, if the decree or order is so qualified : 
 [and what is by the said testator specifically bequeathed,] 
 the said testator \_0r, intestate] was not, to the best 
 of my knowledge, information, or belief, at the time of his 
 death possessed of, or entitled to, any debt or sum of 
 money due to him from me, on any account whatsoever 
 {Continue asin par. 2 of No. 899, ante, to the end of par. 
 
 34 
 
530 FORMS OF PROCEEDINGS IN 
 
 3: substituting "intestate's/' for "testator's," where 
 applicabk). 
 
 4. I have, in the account marked A., now produced and 
 shown to me, according to the best of my knowledge, in- 
 formation, and belief, set forth a full, true, and particular 
 account of the personal estate, 
 
 In a case of testacy, add : of the said testator ; atid 
 
 if the decree or order is so qualified, add also : not by 
 
 him specifically bequeathed. 
 
 In a case of intestacy, add : of the said intestate, 
 which has come to my hands, or to the hands of any per- 
 son or persons by my order, or for my use ; with the 
 times when, the names of the persons from whom, and 
 on what account the same has been received ; and also a 
 like account of the disbursements, allowances, and pay- 
 ments made by me in respect of, or on account of, the 
 said testator's [^Or, intestate's] funeral expenses, debts, 
 and personal estate : together with the times when, the 
 names of the persons to whom, and the purposes for which 
 the same were disbursed, allowed, or paid. 
 
 5. And I, speaking positively for myself, and to the 
 best of my knowledge and belief as to other persons, 
 further say : that save and except as appears in the said 
 account marked A., I have not, nor have nor has any other 
 persons or person by my order, or for my use, possessed, 
 received, or got in any part of the said testator's [Or, in- 
 testate's] personal estate, nor any money in respect there- 
 of; and that the said account marked A. does not contain 
 any item of disbursement, allowance, or payment, other 
 than such as has actually been disbursed, paid, or allowed 
 on the account aforesaid. 
 
 6. To the best of my knowledge, information and be- 
 lief, the personal estate of the said testator [Or, intestate] 
 now outstanding, or undisposed of, consists of the par- 
 ticulars set forth in the second schedule hereunder 
 written. 
 
 7. Save what is set forth in the second schedule, there 
 is not, to my knowledge, information or belief, any part 
 of the said testator's [Or, intestate's] personal estate now 
 outstanding or undisposed of. 
 
 The first [Or, second] schedule above referred to. 
 (The same as the first [Or, second] schedule A^o. 900, 
 ante : su bstituting, where applicable, " intestate's," for 
 "testator's.") 
 
MASTERS OFFICE — AFFIDAVITS VERIFYING ACCOUNTS. 531 
 
 {Formal parts : see ante, No. 300.) 
 
 1. I have, according to the best of my knowledge, re- 905. 
 membrance, information and belief, set forth in the first ^^tl^stee of 
 schedule hereunder written, the particulars of all the real 'ej^''"^^!^"' 
 estate which G. H., the testator in the decree [Or, order] account of rents 
 
 made in this cause, dated the day of , 18—, aSsw'S-tog t^* 
 
 named or referred to, and who died on the day of J^' toVeT^tote. 
 
 , 18 — , was seized of, or entitled to (Continue as in 
 
 par. 10 of No. 899, ante, to the end of that par.) 
 
 2. Save what is set forth in the said schedule, the said 
 testator was not, to the best of my knowledge, informa- 
 tion or belief, at the date of his will, or at the time of his 
 death, seized of, or entitled to, any real estate in pos- 
 session, remainder, or reversion, absolutely or contingently,, 
 or otherwise howsoever. 
 
 3. I have, according to the best of my knowledge, in- 
 formation and behef, set forth in the second schedule 
 hereunder written the particulars of aU the incumbrances, 
 affecting the said testator's real estate, and what part 
 thereof such incumbrances respectively affect [Or, to the 
 best of my knowledge, information and behef, there is. 
 not any incumbrance affecting the said testator's real, 
 estate, or any part or parts thereof] 
 
 4. I have, in the account marked A., now produced and 
 shown to me, according to the best of my knowledge, in- 
 formation and behef, set forth a full, true and particular 
 account of all the rents and profits of the said testator's 
 real estate which have come to my hands, or to the hands 
 of any person or persons by my order, or for my use ; and 
 the times when, the names of the persons from whom, oa 
 what account, in respect of what part of such estate th& 
 same have been received, and the times when the same 
 became due ; and also a like account of the disbursements,, 
 allowances, and payments made by me in respect of the 
 said testator's real estate, or the rents and profits thereof, 
 and the times when, the names of the persons to whom, 
 and the purposes for which the same were made. 
 
 5. And I, speaking positively for myself, and to the 
 best of my knowledge and belief as to other persons, 
 further say : that save and except as appears in the said 
 account marked A., I have not, nor have nor has any 
 other persons or person by my order, or for my use, pos- 
 sessed, received, or got in any rents or profits of the said 
 testator's real estate, nor any money in respect thereof;, 
 and that the said account marked A. does not contain any 
 item of disbursement, payment, or allowance, other than. 
 
532 FOEMS OF PEOCEEDINGS IN 
 
 such as has actually been disbursed, paid or allowed, as 
 above stated. 
 
 The first [Or, second — Or, third — Or, fourth] 
 
 schedule above referred to. 
 (For schedules and account, see ]}[os. 900 and 902 ante.) 
 
 906. {Formal parts : see ante, Ho. 899.) 
 
 ^cutoraand"' 1- We, each speaking positively for himself, and to the 
 trustees, of non- ^ggt q{ his knowledge and belief as to other persons, say : 
 socSfestateror that we have not, nor has [any or] either of us, nor have 
 rents and proflte. ^^^ j^^^ ^^^ other persons or person by our [or any] or 
 
 either of our order, or for our [or any] or either of our use, 
 
 since the day of , 18 — (the time to which our 
 
 accounts thereof, marked respectively A. and B., verified 
 
 by our aflidavit filed in this cause the day of , 
 
 18 — , were made up and rendered), possessed, received, or 
 got in, any part of the personal estate of G. H., the tes- 
 tator in the decree [Or, order] made in this cause, dated 
 
 the , day of , 18 — , named or referred to, nor 
 
 any money in respect thereof, nor any rents or profits of 
 the said testator's real estate, nor any money in respect 
 thereof 
 
 907. (Formal parts : see ante. No. 300.) 
 
 ^ofe'^ereout^'or (or 1- I, Speaking positively for myself, and to the best of 
 llSl'trastee'S^ "^7 knowlcdgc and belief as to other persons, say : that I 
 uon-receipt of havc uot, nor havc nor has any other persons or nerson 
 
 personal estate, -i j p ' i-\ ^ -t k 
 
 OT rents and by my Order, or tor my use, since the day of , 
 
 profits. 13 — (^Q ^jjjjg tQ which my accounts thereof marked re- 
 
 spectively A. and B., verified by my affidavit filed in this 
 
 cause, dated the day of , 18—, were made up 
 
 and rendered), possessed, received, or got in, any part of 
 the personal estate of G. H., the testator [Or, intestate] in 
 
 the decree [Or, order] made in this cause, dated the 
 
 day of , 18 — , named or referred to, nor any money 
 
 in respect thereof, nor any rents or profits of the said 
 testator's real estate, nor any money in respect thereof 
 
 908. (Formal parts : see ante, No. 300.) 
 
 ritbytheexe- 1. I bcHeve that T. R., the testator in the decree in this 
 
 deceLed «ecu- causc dated the day of , 18—, named, was at 
 
 ^«™aiestlte t^e time of his death possessed of some personal estate, 
 
 of the original including Certain household furniture, but I cannot, as to 
 
 testator. ^^ knowlcdgo, information, w belief, say what we're the 
 
master's office — AFFIDAVITS VERIFYING ACCOUNTS. 533 
 
 particulars or value thereof, save and except that it ap- 
 pears by the Probate Act that the amount of the personal 
 estate of the said testator was sworn to be under the 
 
 value of $ . Save and except as aforesaid, I cannot 
 
 as to my knowledge, remembrance, information, or belief, 
 set forth a fuU, true, and particular, or any account or 
 inventory of the personal estate which the said testator 
 T. R. was possessed of, or entitled to, at the time of his 
 death. 
 
 2. And I, speaking positively as to myself, and to the 
 best of my knowledge and behef as to other persons, 
 further say : that save as aforesaid, the said T. R. was not 
 at the time of his death possessed of, or entitled to, any 
 debt or sum of money due to him from me, or from R. S., 
 deceased, ia the said decree named the executor of the 
 said testator T. R., on any account whatsoever ; nor to any 
 leasehold or other personal estate, goods, chattels, or effects, 
 in possession or reversion, absolutely or contingently, or 
 otherwise howsoever. 
 
 3. I cannot, as to my knowledge, information, or behef, 
 set forth a true and particular, or any account of the per- 
 sonal estate of the said testator T. R., which came to the 
 hands of the said R. S., or to the hands of any person or 
 persons by his order, or for his use ; or a like or any ac- 
 count of the disbursements, allowances, or payments made 
 by the said R. S. in respect of the funeral expenses, debts, 
 or personal estate of the said testator T. R. 
 
 4. And I, speaking positively as to myself, and to the 
 best of my knowle(§e and belief as to other persons, 
 farther say : that no part of the personal estate of the 
 said testator T. R. has come to my hands, or to the hands 
 of any other person or persons by my order, or for my 
 use. 
 
 .5. There is not to my knowledge, ioformation, or belief, 
 any part of the personal estate of the said testator T. R. 
 now outstanding or undisposed of 
 
 In Chancery. 
 
 Brovm v. Jones. 
 
 Take notice, that I have this day left at the Chambers ^^^900^^^ 
 
 of the Master at the accounts ot the deienaant A. left accounts, 
 
 B. {or as may be), in answer to the directions in the de- ^^^f^^ 
 
 cree [Or, order] dated , 18—, and filed an affidavit 
 
 of the said defendant {or as may be) verifjdng the said 
 accounts, and answering the said decree [Or, order]. 
 
 Dated, «ifec. 
 
534 
 
 FORMS OF PROCEEDINGS IN 
 
 010 
 
 Surcharge 
 against an ac- 
 counting party^ 
 
 In Chancery. 
 
 (Short title of cause.) 
 The surcharge of the plaintiff (or as may he) against 
 the defendant A. B. (or as may be), under the de- 
 cree [Or, order] in this cause, dated the day 
 
 of , 18—. 
 
 The plaintiff (or as may he) seeks to charge the defen- 
 dant A. B. (or as may he) with the several sums of money 
 hereinafter particularized, beyond what the defendant A. 
 B. (or as m,ay he) has, by his account marked A., left at 
 
 the Chambers of the Master at , on the day 
 
 of , 18 — , pursuant to the said decree [Or, order], ad- 
 mitted to have been received by him ; that is to say : 
 
 (Set out "particulars of the surcharge, in a short and 
 succinct Tnanner ; as thus :) 
 
 No. ol 
 Item. 
 
 Date when 
 received. 
 
 Names of persons 
 
 from whom 
 
 received. 
 
 Particulars of 
 amount 
 received. 
 
 Amount 
 received. 
 
 73 
 
 1803. Jan. 4 
 
 John Thomas 
 
 Half year's rent 
 of Bolder Farm, 
 due Michaelmas, 
 1862 . 
 
 $ 0. 
 
 300 00 
 
 
 1 
 1 
 1 
 
 
 
 Oil. 
 
 Notice thereof. 
 
 (Formal farts : see ante, No. 909.) 
 
 Take notice, that I have this day left at the Chambers 
 
 of the Master at a statement of several sums of 
 
 money therein and hereinafter particularized, with which 
 the plaintiff (or as may he) seeks to charge the defendant 
 A. B. (or as may he) beyond what the said defendant (or 
 as may he) has, by his account marked A., left in the said 
 
 Chambers on the dayof , 18 — , admitted to have 
 
 received ; that is to say : 
 
 ( Set out particulars : as in the surcharge.) 
 
 And take notice, that I have this day filed an affidavit of 
 the plaintiff (or as may be) in support of such statement. 
 
 012. In Chancery. 
 
 Kr'i^^I. (Shortened style.) 
 
 Sterratid under Whereas in proceeding under the decree in this cause 
 
 Ord. 60. bearing date the day of , 18 — , it appears that 
 
 A. B. would by the practice of Jihis Court be a necessary 
 party to this suit, and ought to be served with the decree 
 
MASTERS OFFICE — ADDING PARTIES. 535 
 
 herein, pursuant to Order 60 of the Consolidated General 
 Orders of this Court. 
 
 It is therefore ordered that the said A. B. be served 
 with an office copy of the said decree endorsed with the 
 notice set forth in Schedule A., refen-ed to in the said 
 Order 60, and also with a copy of this order. 
 
 Dated, Szc. C. D., 
 
 Master at . 
 
 To the within named A. B. : 
 
 Take notice, that from the time of the service hereof, 913. 
 you, (Or, as the case may be, the infant, or person o/office'coK'™f a" 
 unsound mind) will be bound by the proceedings in this un"|^'(^^"6o 
 cause in the same manner as if you (Or, the said infant, being schedule 
 
 J. 7 •7\iii ''n 1 A. refeiTed to in 
 
 or person of xinsound mmd) had been ongmally made a that order. 
 party to the suit : and that you (Or, the said infant, or 
 person of unsound mind) may, upon service of notice 
 upon the plaintiff, attend the proceedings under the 
 within decree : and that you (Or, the said infant, or 
 person of unsound mind) may, within fourteen days after 
 the service hereof, apply to the Court to add to, vary, or 
 set aside the said decree. 
 
 A. B., 
 
 of the City of Toronto, 
 
 in the County of York, 
 
 Plaintiff's Solicitor. 
 
 (Formal parts : see ante, No. 91 2. j 
 
 Whereas, in proceeding under the decree [Or, order] in ^f^^^^^'^^ji ^,, 
 this cause, bearing date, &c., it appears that A. B. ought or Referee's 
 to be made a party to this suit, and be enabled to attend "^ty Sm^ * 
 the proceedings before me. orss. 205 & m. 
 
 It is therefore ordered that he be made a party defen- 
 dant to this cause, and for that purpose it is ordered that 
 he be served with an office copy of the said decree [Or 
 order] endorsed with the notice set forth in Schedule L., 
 referred to in [If order made by a Master, say Order 245 ; 
 if by the Judge or Referee, say Order 206] of the Con- 
 solidated General Orders of this Court ; and also with a 
 copy of this Order. 
 
 Dated, &c. Signature of Judge or Officer 
 
 making order. 
 
■m 
 
 FORMS 01- PROCEEDINGS IN 
 
 under Ordi. 206 
 or 244, being 
 Schedule L. to 
 Ords. 206 and 
 245. 
 
 915. To A. B. (the person upon whom service has been directed.) 
 
 a^orrcopylf (Set out ordev directing service.) 
 
 decree served If you wish to apply to discharge the foregoing order, 
 or to add to, vary, or set aside the decree, you must do 
 so within fourteen days from the service hereof. (Where 
 the order fixes a time for further proceedings, add :) and if 
 you fail to attend at the time and place appointed, either 
 in person or by your sohcitor, such order will be made 
 and proceedings taken in your absence as may seem just 
 and expedient ; and you wiU be bound by the decree and 
 the further proceedings in the cause, in the same manner 
 as if you had been originally made a party to the suit, 
 without any further notice. 
 
 916. 
 
 Special order as 
 to mode of 
 service or dis- 
 peDsing with 
 service. 
 
 (Formal parts : see ante, No. 339.) 
 
 It is ordered : 
 
 1. That service of an office copy of the decree [Or, or- 
 der] dated the , 18 — , together with a copy of this 
 
 order upon A. B., of, <fcc., be deemed good service upon 
 C D., E. F. and G. H., and the said defendants are to have 
 — days from the day of such service within which to 
 move, to add to, vary, or set aside the said decree. 
 
 Or, that publication of the said decree [Or, order] and 
 of the endorsement prescribed by the Consolidated Orders 
 in this behalf, addressed to L. M., and of a copy of this 
 
 order, in the newspaper called the , published at 
 
 , be deemed good service of such decree on the 
 
 said L. M. ; and the defendant L. M. is to have, &c. (con- 
 tinue as in par. 1.) 
 
 Or, that service of an office copy of the said decree [Or, 
 order] upon S. T., by sending such an office copy, endorsed 
 with the memorandum prescribed by Consolidated General 
 [Order 245 or 206] through the post office, in a prepaid 
 
 letter, addressed to him at , may be deemed good 
 
 service of such decree on the said S. T. ; and the defen- 
 dant S. T. is to have (continue as in par. 1.) 
 
 Or, that service of the said decree on W. Y. be dis- 
 pensed with, (a) 
 
 917. 
 
 Letter enclosing 
 office copy of 
 decree to a 
 person Erected 
 to be served 
 through the 
 post office. 
 
 {Place and date,) 
 
 ToS. T, of . 
 
 Sir, 
 
 In a suit of A. v. B., now pending in the Court of 
 Chancery for Ontario, for the administration of the estate 
 of W. A., late of, cfcc, deceased (or as 'may be), it has, by 
 
 (a) The Master has power to dispense with the service of the decree on parties neces- 
 sary to be served under Ord. 60. See Ord. 587. But he has no such power as to parties 
 necessary to be served under Ord. 244. 
 
master's office — ADDING PARTIES. 537" 
 
 an order dated the 18—, been directed that an office 
 
 copy of the decree [Or, order] therein, dated the day 
 
 of , 18 — , be ti-ansmitted to you, as being one of the 
 
 next of kin of the said W. A. (or as may be.) I beg, 
 therefore, as the plaintiff's solicitor, to enclose you such 
 office copy (marked A.), and also a copy of the said order, 
 
 dated the , 18 — (Order directing service) ; and 
 
 have to call your attention to the memorandum endorsed 
 on the office copy (marked A.) 
 
 As I shall have occasion to satisfy the Court that the 
 office copy of the Decree [Or, Order], and copy order hav& 
 reached you.I shall feel obUged by your signing and re- 
 turning to me, through the post office, the acknowledg- 
 ment to that effect which you will find written in the 
 fold of the paper enclosed (marked B.) (a). 
 
 I am, &c., 
 
 X. Y. 
 
 (Place and date.) qiq 
 
 I, S. T., of, (fee, hereby acknowledge to have received, Acknowiedg- 
 
 through the post office, on the , 18 — , an office copy receipt of the 
 
 of the [decree] in a cause of A. v. B., with an endorsement "°''°* ^''^^ 
 thereon, in the form or to the effect of the within writ- 
 ten [decree] and of the endorsement thereon, and also a 
 document purporting to be a copy of an order made on the 
 
 of , 18 — , in the within mentioned suit, directing 
 
 such office copy or decree to be transmitted to me. 
 
 S. T. 
 
 (Foryncd parts : see ante, Xo. 300.) 
 
 1. I have, in the manner hereinafter mentioned, served 919. 
 
 S. T., in the order made in this cause dated the of .^e™^"'"' ™°'" 
 
 , 18 — [Order directing special 7node of service), 
 
 named, with the decree [Or, order] made in this suit, 
 dated the of , 18 — . 
 
 2. On the of , 18 — , I put into the post office, 
 
 in the city of Hamilton, in the county of Wentworth, a 
 letter duly addressed thus : (Set out the address) ; and with 
 the proper postage stamp affixed thereto, as a pre-paid 
 letter; and of which letter the paper writing marked A. 
 now produced and shown to me is a true copy. 
 
 3. The said letter, at the time I posted the same as 
 aforesaid, contained a true copy, as passed and entered, of 
 
 (a) It seems to be advisable, in every case, to send a form of acknowledgment for 
 si^ature. 
 
 (6) The form assumes that the acknowledgrment will be written on the original 
 decree and endorsement. Where it is not so intended, the acknowledgment should b« 
 varied in form accordingly, and made sufficiently explicit. 
 
•538 FORMS OF PROCEEDINGS IN 
 
 the order in this suit dated the of , 18 — , now 
 
 produced and shown to me, and marked B. (Order direct- 
 ing special service), and also an office copy of the said de- 
 cree [Or, order] dated the of , 18 — , with a 
 
 memorandum endorsed thereon addressed to the said S. T., 
 and which two documents were true copies respectively of 
 the decree [Or, order] marked C, and memorandum en- 
 dorsed thereon marked D., now produced and shown to me. 
 
 4. The said letter, when posted as aforesaid, also con- 
 tained the said exhibited documents marked respectively 
 C and D., and likewise the acknowledgment, marked E., 
 now appearing in the fold of the said exhibit C, except that 
 such acknowledgment was then undated and unsigned. 
 
 5. The said exhibited documents, marked C, D., and E. 
 
 were received by me on the -^ — of , 18 — , through 
 
 the post office. 
 
 6. Under the circumstances hereinbefore stated, I verily 
 believe that the office copy of the said decree [Or, order], 
 with such endorsement thereon as aforesaid, and a copy 
 of the said order of the of , 18 — ( Order direct- 
 ing service), were duly received by the said S. T., at , 
 
 aforesaid, on or about the of , 18 — .. (a) 
 
 920. In Chancery. 
 •fng^MSerto" (SAoH title of cause.) 
 
 "stoXtoed by '^^^ Taxing Master is requested to tax and settle the 
 anaccounting accompanying bill of costs, identified by my initials 
 '' ■''■ thereon : to assist in making a proper allowance in re- 
 
 spect thereof in taking the accounts of the defendant (or 
 as may be), the executor (or as may be) of A. B., the 
 testator (or as may be) in this cause, under the decree [Or, 
 
 order] therein dated the day of , 18 — : in which 
 
 accounts the said bill of costs is claimed as a payment by 
 the said defendant (or as may be) to his solicitor. 
 
 Section II. — Foreclosure and Redemption Suits. 
 
 921. In Chancery. (Date.) 
 oSi'«4L?Mng Between A. B Plaintifi-, 
 
 the first part of ar\A 
 
 Schedule T '*'^*1 
 
 that"'d*°'° Defendant. 
 
 WThereas a suit has been instituted by the above named 
 plaintiff" for the foreclosure (or sale) of certain lands, be- 
 ing (insert description of lands) and I have been directed 
 by the decree made in this cause, and dated the day 
 
 (o) For other Forma, see ante, Noa. 323, 325-6, 328 and .%3. 
 
master's office — FORECLOSUBE SUITS — NOTICE T. 539 
 
 of , to enquire whether any person, other than the 
 
 plaintiff, has any charge, lien, or incumbrance upon the 
 said estate : And whereas it has been made to appear be- 
 fore me that you have each some hen, charge, or incum- 
 brance iipon the said estate, and I have therefore caused 
 you [each] to be made a party to this suit, and appointed 
 
 the day of , at o'clock in the noon, 
 
 for you to appear before me, at my Chambers at , 
 
 either in person or by your solicitor, to prove your claims : 
 Now you are hereby required to take notice : 1st. That 
 if you wish to apply to discharge my order making you a 
 party, or to add to, vary, or set aside the decree, you must 
 do so within fourteen days from the service hereof ; and 
 if you fail to do so, you will be bound by the decree, and 
 the further proceedings in this cause as if you were 
 originally made a party to the suit : 2nd. That if you fail 
 to attend at the time and place appointed, you will be 
 treated as disclaiming aU interest in the land in question, 
 and it will be dealt with as if you had no claim thereon, 
 and your claim will be in fact foreclosed. 
 To W. L. Master. 
 
 In Chancery. 
 
 Between A. B Plaintiff, ^^J^^,,^ 
 
 and under Order 446, 
 
 CD Defendant, se^cofd'part of 
 
 Having been directed by the decree in this cause, dated re'Srrrd^o m 
 
 the day of , to enquire whether any person other tii*' orf«''- 
 
 than the plaintiflF has any lien, charge, or incumbrance 
 upon the lands in the pleadings mentioned, being {insert 
 
 description oj land), I do hereby appoint the day of 
 
 next, at o'clock, in the noon, at my 
 
 Chambers at , to proceed with the said enquiries. 
 
 And you are hereby required to take notice : 
 That if you fail to attend at the time and place ap- 
 pointed, you will be treated as disclaiming all interest in 
 the land in question, and it will be dealt with as if you 
 had no claim thereon, and your claim will be in fact fore- 
 closed. 
 
 Dated, d&c. W. L., Master. 
 
 {Formal parts : see ante. No. 300.) ^23. 
 
 1. There is due to me upon and by virtue of my mort- Affidavit by a 
 
 gage security dated the day of , 18 — , in the ?J°pofSou°of 
 
 decree made in this cause dated the day of .jr,"™dtV° 
 
 18 — , mentioned {or as may be), the sum of $ for deor^e^m^a^fore- 
 
 principal money, and the sum of $ for interest there- demption suit 
 
540 FORMS OF PROCEEDINGS IN 
 
 on, computed at the rate of $ per cent, per annum, 
 
 from the day of , 18—, to the day of , 
 
 18 — : making together the sum of $ : exclusive of 
 
 my costs of this suit (or as may he) — Show consideration 
 fully, as in No. 871. 
 
 2. And I, speaking positively for myself, and to the best 
 of my knowledge and belief as to other persons, lastly 
 say, that I have not, nor hath nor have any other person 
 or persons by my order, or for my use, received any sum 
 or sums of money for or on accoimt of the hereditaments 
 comprised in my said mortgage security, or any part 
 thereof; nor any security or satisfaction whatsoever for 
 the said principal money, and interest respectively : save 
 and except the said mortgage security [or as may be]. 
 
 3. I further say that I am not now and since the date 
 of the said mortgage never have been, nor hath nor have 
 any other person or persons by my order or to my know- 
 ledge or belief for my use been in the occupation of the 
 said mortgaged premises or any part thereof or in the 
 receipt of the rents and profits of the same or of any part 
 thereof. 
 
 Sworn, &c. 
 
 924. (Formal parts : see ante, No. 300.) 
 
 m^rtll^'ee'in Proceed as in form No. 923 to end of par, 1. 
 
 possession, veri- 2. I haVC, in the [first part of the (a.)] account now pro- 
 
 of principal and duced and shown to me marked A., set forth a fall, true, 
 knd rmts'^ mth-' and particular accouut of all sums of money which have 
 out rests. become due to me for principal money and interest upon- 
 
 and by virtue of my mortgage security dated the day 
 
 of , 18 — , in the said decree mentioned. 
 
 3. I have, in [the second part of (a)] the said account, 
 set forth a full, true, and particular account of all sums of 
 money paid, laid out, and expended by me in necessary 
 repairs and lasting improvements on the hereditaments 
 comprised in my said mortgage security, and the times 
 when, the names of the persons to whom, and the pur- 
 poses for which the same were made. 
 
 4. I have, in [the third part of (a)] the said accotmt, 
 set forth a fuU, true, and particular account of all the 
 rents and profits of the said mortgaged hereditaments 
 which have come to my hands, or to the hands of any 
 person or persons by my order, or for my use ; and the 
 times when, the names of the persons from whom, on what 
 account, and in respect of what part of the said heredita- 
 
 (o) These words should be left out if the account is mads out in tho tnm, wn oi« 
 
master's office — FOEEULOSURE — MORTGAGEE'S ACC'T. 541 
 
 ments the same have been received, and the times when 
 the sajne became due ; and also a like account of the dis- 
 bursements, allowances, and payments made by me in 
 respect of the said hereditaments, or the rents and profits 
 thereof, and the times when, the names of the persons to 
 whom, and the purposes for which the same were made, 
 5. And I, speaking positivelj- for myself, and to the best 
 of my knowledge and belief as to other persons, lastly say, 
 that, save and except as appears in the said account 
 marked A., I have not, nor hath nor have any other person 
 or persons by my order, or for my use, received or got in 
 any rents and profits of the said hereditaments, or any 
 money in respect thereof, or of the principal and interest 
 due to me on my mortgage security as aforesaid ; and that 
 the said account does not contain any item of disburse- 
 ment, payment, or allowance, other than such as has 
 actually been disbursed, paid or allowed as above stated ; 
 and that I have not, nor hath nor have any other person 
 or persons by my order, 9r for my use, received any 
 security or satisfaction whatsoever for the amount due to 
 me on balance of the said account, or any part thereof, 
 save and except the said mortgage security (or as may 
 be.) 
 
 In Chancery. 
 
 (Short title of the cause.) 
 This account marked A. was produced and shown to 925. 
 the plaintiff A. B. (or as may he) and is the account ^rred to ^S no! 
 referred to in his affidavit sworn before me this '^* ("^• 
 
 day of , 18—. 
 
 C. D. &c., 
 
 First Part. — Principal and Interest Due. 
 
 1862, August 8. Amount of principal advanced 
 
 this day $2000.00 
 
 1866, August 8. Four years' interest thereon at 
 
 $5 per cent. .... 400.00 
 
 Total of first pnrt $2,400 00 
 
 (a) See note to next form. 
 
542 
 
 FORMS OF PROCEEDINGS IN 
 
 Second Part. — Expenditure in Repaws and Lastvng 
 Improvements. 
 
 1 
 
 Date when 
 paid or 
 allowed. 
 
 Names of persons 
 
 to whom paid 
 
 or allowed. 
 
 For what purpose paid 
 or allowed. 
 
 Amount 
 paid or 
 allowed. 
 
 Interest 
 
 thereon at 
 
 $5 per cent., 
 
 computed to 
 
 Sth August, 
 
 1866. 
 
 1 
 
 1865. 
 Nov.4 
 
 Thomas Carpenter 
 
 William Styles 
 
 V 
 
 New barn at farm oc- 
 cupied by John 
 
 190 11 
 
 « .;. 
 
 
 1866. 
 MarchS 
 
 
 
 Interest 
 
 7 20 
 
 2 
 
 Rebuilding part of 
 house let to Reuben 
 Marshall 
 
 140 60 
 
 
 
 
 
 
 Total laid out in re- 
 
 
 
 
 330 71 
 10 10 
 
 
 
 Add Interest 
 
 
 
 Total of Second Part .... 
 
 
 
 340 81 
 
 
 Third Part. — Bents and Profits. 
 
 RECEIPTS. disbursements. 
 
 
 
 
 On what ac- 
 
 i 
 
 Tu- 
 
 
 
 S 
 
 y 
 
 a 
 
 Names of 
 
 
 •s a 
 
 ft^ 
 
 
 
 ■a . 
 
 ■tf 
 
 £•=■ 
 
 persons 
 
 respect of what 
 
 s s 
 
 H ^ 
 
 Names of persons 
 
 For what pur- 
 
 a| 
 
 
 ^% 
 
 
 
 
 If 
 
 to whom paid 
 
 pose paid or 
 
 
 SS 
 
 received. 
 
 estate received. 
 
 g 1° 
 
 or allowed. 
 
 allowed. 
 
 i^ 
 
 ^ 
 
 
 
 and when due. 
 
 1 i 
 
 r 
 
 
 
 
 1864. 
 
 
 
 $ c. 1 
 
 1866. 
 
 
 
 ? c 
 
 1 
 
 Nov. 11. 
 
 John James .. 
 
 Half year's rent 
 
 1 
 
 Jan. 1.. 
 
 Isaac Thompson- 
 
 One year's 
 
 
 
 
 of farm in 
 Melancthon, 
 due Michael- 
 
 
 
 
 rent charge, 
 due Christ- 
 
 16 00 
 
 
 
 
 mas last 
 
 296 00 
 
 
 
 
 
 2 
 
 " 26. 
 
 Thomas Jones. 
 
 One quarter's 
 
 2 
 
 '• 16. 
 
 Jamea Francis . . 
 
 Land Tax, due 
 ditto 
 
 6 00 
 
 
 
 
 rent of house 
 
 
 1866. 
 
 
 
 
 
 
 at Chester- 
 
 3 
 
 Jan. 5.. 
 
 Isaac Thompson. 
 
 Same as No. 1, 
 
 
 
 
 
 
 
 
 
 due Christ- 
 
 
 
 
 
 same time 
 
 10 00 
 
 
 
 mas last 
 
 16 00 
 
 3 
 
 May 1.. 
 
 John James . . 
 
 Same as No. 1, 
 due Lady Day 
 
 
 
 
 
 
 
 
 
 
 
 last 
 
 296 00 
 
 
 
 
 
 
 
 36 00 
 
 4 
 
 June 3.. 
 
 rhomas Jones. 
 
 Same as No. 2, 
 due Lady Day 
 last 
 
 10 OO 
 
 
 
 Balance .... 
 
 576 00 
 
 
 
 
 
 612 00 
 
 
 
 612 00 
 
jiastek's office— foreclosure— mortgagee's acc't. 543. 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 piaintiH A. a., sworn before me this day of , &c. ^c""™*- («) 
 
 (Signed) C. D., 
 
 A ComTTiissioner, &c. 
 
 1862, Aug. 8. .Amount of Principal money ad- 
 
 -. o,.. ^T , vanced this day $2000.00 
 
 1864, Nov. 11.. Interest to date, @ 10 % per 
 
 annum ° 351.70 
 
 2351 70 
 1864, Nov. 11 . . Rent received from H. Brown . . 380.00 
 
 $1971.70 
 
 1865, Aug. 8. .Interest to date, @ 10 
 
 % per anmmi $146.25 
 
 " 11. .Paid Thomas Carpenter 
 for new bam on farm 
 occupied by H Brown 200.00 
 
 2171.70 
 1865, Aug. 8.. Interest on $2171.70 to 
 date, @ 10 % per an- 
 num 217.17 
 
 363.42 
 
 $2535.12 
 . .Rent received from H. Brown. . 380.00' 
 
 fi M . .Principal due this day $2155.12 
 
 1867, Feb. 8 . . Interest @ 10 % to date, 157.75 
 " ri ..Rent received from H. 
 
 Brown 95.00 
 
 Carried forward 62.75 
 
 (a) This account Is made out in accordance with the principle laid down by the Court 
 of Queen's liencb in McGregor v. Oavlin, 4 U. C. R, 378, followed in Bettes v. Farewell, . 
 1 C. P. 450. The account No. 925 would be open to objection if the pajTneuts should 
 happen to exceed the amount due forinterest at the time the paj'ments were received — 
 as in that case the plaintiff would be claiming interest on the full amount of the prin- 
 cipal after it had been reduced by payment on account ; and, on the other hand, in 
 many cases, it would be unjust to the plaintiff to allow the defendant interest on his - 
 payments. The effect of such a mode of computation is very forcibly illustrated in 
 JUcQregor v. GaiUin, vwpra. In this account, it will be seen, the interest is calculated, 
 up to the date of each payment, and the payment is then applied first in satisfaction of. 
 such interest, and the balance, if any, to the reduction of the principal. In preparing-. 
 the account caution must be used i& computing interest only on principal money. 
 
544 FOEMS OF PHOCEEDINGS IN 
 
 Brought forward $62.75 $2,155.12 
 
 1867, Aug. 8. .Interest on$2155todate 
 
 @10% 157.75 
 
 220.50 
 
 II II 
 
 .Balance of Principal and Interest 
 
 due this day $2375.62 
 
 927. 
 
 ,^,tquent See ante, Nos. 871, et seq. 
 
 incumbraucer 
 proving claim. 
 
 928. {Formal parts : see ante, No. 300.) 
 
 Affldaiat of ijjjg defendant C. D. is iustly and truly indebted to me 
 
 execution '' t ■ /• -kt o»/^ j ji 
 
 creditor proving m the sum of $ — — [proceed as %n form JSo. 870 to trie 
 
 "*"'■ end of par. 3, add) 
 
 4. On the day of I caused to be placed in the 
 
 hands of the Sheriff of the County of , a writ of 
 
 execution against the lands of the said defendant C. D. to 
 recover the amount due to me, under the said judgment 
 and the said writ is stiU in the said Sheriff's hands to be 
 executed, in fall force and unsatisfied. 
 
 Section III. — Partnership Suits. 
 929. (Formal parts : see ante. No. 300.) 
 
 Affidavit by !ji. ^ ^•1j.--jt_ r 
 
 an accountant, 1. In consequcnce 01 mstructions received by me irom 
 hL*tavest^a-°' Messrs. A. and B., the solicitors in this cause for the plain- 
 'iiTaoraSte"" *^^ C^** o-sniayhe), I have carefully examined all the 
 books and accounts of the plaintiff and defendant as co- 
 partners in the business or trade of cotton spinners and 
 
 manufacturers at R., in the county of L., from the 
 
 day of , 18 — , when the said partnership conunenced, 
 
 until the day of , 18 — , when the said partner- 
 ship was dissolved. 
 
 2. I have, in the book marked A., now produced and 
 shown to me, set out the particulars and results of my in- 
 vestigation aforesaid, and the accounts of all the dealings 
 and transactions between the plaintiff and defendant in 
 the said business of cotton spinners and manufacturers 
 directed to be taken by the decree in this cause, dated 
 the day of , 18 — . 
 
 3. To the best of my knowledge, information, and belief, 
 the said book marked A. contains a true and accurate ac- 
 
master's office — PAJRTNEESHIP SUITS. 545 
 
 count of all the said dealings and transactions, and of the 
 result of my said investigation of the said partnership 
 books and accounts. 
 
 {Title, and introduction: see post, No. 9(37.) 
 
 1. I have taken an account of the partnership dealings 930. 
 and transactions between the plaintiff and defendant, from ^Thl?eJXS 
 the 12th March, 1855 : having regard to the partnership ^JJoun^'^'P 
 articles, and the agreement of dissolution, in the pleadings 
 mentioned. 
 
 2. On such account there was due from the said partner- 
 ship to the plaintiff, on the 25th December, 1862, being 
 the date of the dissolution of the said partnership the sum 
 of S830 in respect of his capital in the said partnership ; 
 and which sum of $830 is still due to the plaintiff, to- 
 gether with $105 for interest thereon at the rate of $6 per 
 cent, per annum from the last mentioned day to the date 
 of this certificate ; making together $935. 
 
 3. On the same account there was due from the said 
 partnership to the defendant on the said 25th December, 
 1862, the sum of $4,124 in respect of his capital in the said 
 partnership : and the account of the defendant has been 
 debited with $1,137 in respect of the trade stock of the 
 partnership, and the horses, carts, trucks, and other plant 
 and fixtures belonging to the said partnership, taken by 
 him pursuant to the said agreement of dissolution : where- 
 by the said $4,124 has been reduced to $2,987 : which 
 sum of $2,987 is still due to the defendant, together with 
 $379 for interest thereon at the rate aforesaid from the 
 said 25th December, 1862, to the date of this certificate : 
 making together $3,366. 
 
 4. The defendant has, since the dissolution of the said 
 partnership, received in respect of the assets of the said 
 partnership, other than the said $1,137 with which his 
 account has been debited as aforesaid, sums to the amoimt 
 of $4,687 ; and he has paid, or is entitled to be allowed, 
 on account thereof, sums to the amount of $3,139 : leaving 
 a balance due from him of $1,548 on that account. 
 
 5. The particulars of the above receipts and payments 
 appear in the " Reahzation Account," at page 2 of the 
 accoimt 'marked A., verified by the affidavit of the defen- 
 dant filed the 5th May, 1865, and which account is filed 
 in my office : except, that in addition to the sums appear- 
 ing in such account to have been reaHzed by the defen- 
 dant, he has been charged with $557 received by him of 
 A B., in respect of the assets of the said partnership since 
 
 35 
 
546 FORMS OF PROCEEDINGS IN 
 
 the said 5th May, 1865 ; and except that I have not al- 
 lowed the defendant the sum of $1,000 retained by him 
 •on the 28th February, 1865, on account of his capital in 
 the said partnership : reserving to the Court the applica- 
 tion of the partnership Eissets realized by the defendant 
 since the dissolution of the said partnership, and 
 except that I have deducted from the item of $49 on the 
 debit side of the said " Realization Account " the sum of 
 $22, whereby the said item is reduced to $27 ; and except 
 that, in addition to the disbursements appearing in the 
 said "Realization Account," the defendant has been 
 allowed $400 paid by him into Court, with the privity 
 of the Accountant-General, to the credit of this cause, on 
 the 28th February, 1865, pursuant to the said decree. 
 
 6. Notwithstanding the foregoing certificate of the result 
 of the said account, the question whether the account of 
 the defendant ought to have been debited with the said 
 $1,137 is, at the request of the plaintiff", reserved for the 
 consideration of the Court. 
 
 7. The assets of the said partnership now remaining out- 
 standing or undisposed of consist of, the particulars set 
 forth in the schediile hereto. 
 
 All of which I do humbly certify and submit to this 
 Honourable Court. 
 
 Section IV. — Appointinent of New Trustees. 
 
 031. (Formal parts : see ante, No. 300.) 
 
 d^m^rfpro- 1- Show deponent's personal knowledge of the proposed 
 
 posed trustee, trustees ; as thus : I have, for years last past, known 
 
 and been weU acquainted with E. F., of (Residence and 
 addition), and G. H., oi (Residence and addition), the per- 
 sons proposed to be appointed new trustees of the will of 
 A. B., late of (Residence and addition), deceased, the tes- 
 tator ia the decree [Or, order] in this cause [Or, matter] 
 dated the day of , 18 — , named [Or, of the inden- 
 ture of settlement, dated the day of , 18 , made 
 
 on the marriage of A. B. with C. D., in the decree, <fcc., 
 mentioned — or as may be]. 
 
 2. Shm the position in life of theproposed trustees, and 
 
 their eligibility : as thus : The said E. F. has, for 
 
 years last past, carried on business as a banker at 
 
 in the (county) of . The said G. H. has, for '- 
 
 years last past, carried on business as a wine merchant at 
 
 -, in the (county) of — . During my aforesaid 
 
 acquaintance with them I have had many opportunities 
 
master's office — APPOINTMENT OF NEW TEUSTEES. 547 
 
 of forming an opinion as to their habits of business and 
 integiitj'. The said E. F. and G. H. respectively are per- 
 sons in good ci'edit in the neighbom'hood in which they 
 respectively carry on business as aforesaid, and are both 
 men of business habits, and of strict honour and in- 
 tegrity. 
 
 3. In my judgment and opinion, the said E. F. and 
 G. H. are fit, proper, and eligible persons to be appointed 
 new trustees of the said will [Or, indenture of settlement 
 — or as may be.^ 
 
 In Chancery. 
 
 (Short title.) 
 
 We, the undersigned E. F., of (ResideTice and addition), 932. 
 and G. H., of {Res^dence and addition), do hereby testify oj'proposed*" 
 our consent to accept the office of trustees, and to act in '™^*««=- 
 the trusts of the wiU of A. B., late of (^c. ; as in No. 
 931, ante) : in case the Court of Chancery shall think 
 fit to appoint us to that office. 
 
 Dated this day of , 18 — . 
 
 Signed by the said E. F. and \ E. F. 
 
 G. H. in the presence of j G. H. 
 
 J. K. 
 
 {Formal parts : see ante, iVo. 300.) 
 
 1. The signatures _"- -," and "— — ." ^-espec- ^,93a^^ 
 
 tively set and subscribed to the paper writing marked ing the signa- 
 A., hereunto annexed [Or, now produced and shown to '"""*' "'"°'°- 
 
 me,] purporting to be the consent, dated the day of 
 
 18 — , of E. F. and G. H., to accept the office of 
 
 trustees of the will of A. B. (oi- as may he), are of the 
 respective proper handwriting of the said E. F. and G. H., 
 in such paper writing respectively named and described : 
 as I know from having seen them respectively sign the 
 said paper writing. 
 
 Section V. — Proceedings relating to Sales. 
 
 In Chancery. 
 
 (Short title.) 
 
 To , defendant. 934. 
 
 Take notice, that the plaintiff elects that the sale of ^"'^JJ^'Ji;',, 
 the mortgaged premises be conducted by you instead he may^^^nduct 
 of by the plaintiff, and you are at hberty to withdraw creejjemg ^ 
 the deposit made by you in this cause for the purpose ot order 43o. 
 such sale. 
 
548 FORMS OF PROCEEDINGS IN 
 
 935. In Chancery. 
 
 or dowres8, to j^ tj^g tindersigned C. D., of (Residence and additwn), 
 sold, fteelfom do hereby consent that the real estate of A. B., the tes- 
 orte°d^''e™'°'' tator in the decree [Or, order] in this cause, dated the 
 
 day of , 18 — , named (or as may be), shall be 
 
 sold, with the approbation of the Master at , under 
 
 the provisions of the said decree [Or, order], free from 
 my mortgage thereon, for the sum of $500 and interest, 
 
 created by an indenture dated the day of , 
 
 18 — [Or, free from my dower ; and I agreeto accept — a 
 sum in gross to be settled by the said Master, Or, the 
 income of one-third of the purchase money during my 
 life — in Heu of my said dower.] And I agree to join in 
 such sale of the said estate, and in the conveyance thereof 
 to the purchaser ; and to produce, whenever required, for 
 the purpose of such sale, such of the title deeds and 
 writings relating to the said estate as are in my possession 
 or power. 
 
 Dated this day of , 18 — . 
 
 Witness to the signature \ C. D. 
 
 of the said C. D., J 
 
 G. H., of (Residence arid addition.) 
 
 QQQ In Chancery. 
 AdTCitiBement (Short title of cause.) 
 
 Pursuant to the decree and final order for sale made in 
 
 this cause, and bearing date respectively the day of 
 
 , and the day of , A. D. 18 — , there wiU 
 
 be sold, with the approbation of , Esquire, Master 
 
 of this Court, at , by , Auctioneer, at his 
 
 Auction Eooms in the town of (Or, at the 
 
 hotel, in the town of , as the case may be), at the 
 
 hour of , on the day of , the following 
 
 lands and premises, in one parcel, [Or in parcels.] 
 
 Bescribe property in a clear and concise mMnnsr, and give 
 such a fair description of the same as the owner would. 
 If more than one parcel, describe each parcel separately, 
 numbering them 1, 2, <fcc. 
 
 If so : the property wiU be put up at the upset price 
 
 of $ [Or, parcel 1 will be put up at an upset price of 
 
 $ , parcel 2 wiU be put up at an upset price of $— — , 
 
 &c. Or, The property will be offered for sale subject to 
 
 a reserved bid [on each of the said parcels], which has 
 been fixed by the said Master.] (Insert terms of pay- 
 
master's office — SALES — ADVERTISEMENTS. 549 
 
 ment, stating how muck is to be paid in cash; when the 
 balance is to be paid ; and ivhether in cash or to be se- 
 cured by mortgage, and at what rate of interest. State 
 fully every condition varying from, or in addition to, the 
 standtng conditions of sale.) 
 
 In all other respects the terms and conditions of sale 
 will be the standing conditions of the Court of Chancery. 
 
 Further particulars can be had from . 
 
 Dated at this day of , A. D. 18—. 
 
 A. B., Master. 
 
 -^- B. \ I direct that the advertisement be 936a. 
 
 V I published once a week (Or, as may be S'^VopS- 
 
 ^- ■^- r found beneficial and proper) in the uoatjon »' »<*- 
 
 1st Jan., 18— ' newspaper for the [four] weeks ™'^ "°'"™ ' 
 
 immediately precectng the sale ; that 
 
 posters be put up in conspicuous places in the town of 
 ; that be put up in the immediate neigh- 
 bourhood of the property, and in the village of 
 
 (making such directions as to publicity as a pru- 
 dent owner desiring to sell his property to the best ad- 
 vantage would wish.) And I fix the auctioneer's fees at 
 not more than $ . 
 
 (Formal parts : see ante, No. 300.) 
 
 1. That I am well acquainted with lot No. , in the 937. 
 
 — concession of the township of , in the county ^g^thl"*"" 
 
 of , being the premises ordered to be sold in this th^^operty 'm 
 
 cause. act out in the 
 
 2. That the said lot consists of two hundred acres of ™ ''^"°" 
 land, of which one hundred acres are cleared, and the 
 remainder is well timbered with beech and maple ; the 
 
 land cleared is of a light loam, in a good state of cultiva- 
 tion {give full particulars as to character of soil, dec.) 
 
 3. The said lot is situate about seventeen miles from 
 
 the town of , readily accessible thereto by good 
 
 roads, which said town of offers a good market for 
 
 the sale of produce. 
 
 4. The said lot, in addition to being well timbered, is 
 also well watered, and has erected thereon farm buildings 
 consisting of {fully describe them, saying whether of brick 
 or wood, and how long erected.) 
 
 5. There is a good orchard, consisting of acres of 
 
 land, well stocked with excellent fruit trees. 
 
 6. The lot is well fenced. 
 
650 FORMS OF PROCEEDINGS IN 
 
 7. There is a prior mortgage on the propertjr {if so) for 
 the sum of dollars, payable to {state particulars.) 
 
 8. The lot is now in the occupation of {state particulars 
 of tenancy.) 
 
 Sworn, &c. 
 
 938. {Formal parts : see ante, No. 300.) 
 
 ^^Lti^ 1- i have for years last past been engaged in the 
 
 lottinjr. business of am auctioneer and land and estate agent ; and 
 
 for years last past I have carried on such business at 
 
 aforesaid ; and I have had considerable experience 
 
 in the mode of lotting and selling land and house pro- 
 perty. 
 
 2. I know and am well acquainted with the estates 
 
 situate at , in the county of r- , proposed to be 
 
 sold in this cause, and described in the paper writing 
 marked A., now produced and shown to me. 
 
 3. On the day of , 18 — , I went over the said 
 
 estates, and made a careful survey thereof, for the purpose 
 of forming an opinion as to the best mode of dividing 
 and allotting the said estates for the said sale thereof. 
 
 4. The said paper writing marked A. sets forth a true 
 and correct description of the said estates, to the best of 
 my knowledge and belief, and the mode in which, in my 
 judgment and opinion, it wHl be desirable to lot and 
 divide the same for the purposes of the said sale. 
 
 5. In my judgment and belief the said estates will be 
 sold to the most advantage, and wiU be likely to realize 
 the best prices, if the scheme of division and allotment 
 set forth in the said paper writing marked A. be adopted. 
 
 930. {Formal parts : see ante, No. 300.) 
 
 ness of proposed 1- I have for years last past known and been 
 
 M^Z?'^"* weU acquainted with L. M., of {Residence and addition), 
 
 place of sale. auctioneer and land and estate agent; and during aU 
 
 that time the said L. M. has carried on business as an 
 
 auctioneer and land and estate agent at aforesaid 
 
 {or as may he). 
 
 2. I have on several occasions employed the said L. M. 
 as an auctioneer and land valuer ; and am also acquainted 
 with several persons who are in the habit of employing 
 him in that capacity ; and he has invariably given entire 
 satisfaction to me, and I believe also to such other persons. 
 
 3. The said L. M. is a person of respectability and 
 
master's office — SALES — RESERVED BIDS. 551 
 
 integrity, and of considei-able ability as an auctioneer and 
 land ajid estate agent ; and in my judgment he is a fit 
 and proper person to be employed to sell the estates 
 
 situate at , in the county of , proposed to be sold 
 
 in this cause [Or, matter]. 
 
 4. That the hotel, in the Village of , is the 
 
 place where auction sales of lands are most usually held 
 in the said village, and I beheve that it is the best and 
 most convenient place at which to offer the lands in 
 question in this cause for sale ; and I further say that 
 
 day is the most usual day in the week for holding 
 
 such sales at the said village. 
 
 {FormaZ parts : see ante, No. SOU.) 
 
 1. I have carefully examined and surveyed the estates 
 particularly described ia the printed particulars of sale 940. 
 marked A., now produced and shown to me, in order ftet^unt* 
 to form an opinion as to the value thereof, and the the*?/sOTv^ 
 amounts which the said estates ought to realize on the wddmg- 
 sale thereof advertised to take place on the dav 
 
 of , 18—. ^ 
 
 2. I have, in the paper writing marked B., now pro- 
 duced and shown to me, set forth in the first column the 
 number of the lots into which the said estates have been 
 divided for the purposes of the said sale; and in the 
 second column, opposite the numbers of the said lots 
 respectively, the full values of the said lots respectively ; 
 and in the third column, opposite the said numbers re- 
 spectively, the amounts which, in my judgment and belief, 
 should be fixed as the reserved biddings for the said lots 
 respectively on the said sale. 
 
 B. 
 
 In Chancery. 
 
 (Short title.) 
 This paper writing marked B. was produced and shown ^*Vm 
 to L. M., and is (proceed as in heading of No. 925, ante.) referred to in 
 
 No. 940. 
 
 No. of Lot. 
 
 Value. 
 
 . Proposed reserved biddine:. 
 
 1 
 2 
 
 2,000 
 600 
 
 1,860 
 450 
 
 L. M. 
 
552 
 
 FORMS OF PROCEKDINGS IN 
 
 942. 
 
 Notice of motion 
 for leave to bid 
 at the sale. 
 
 {Formal parts : see ante, No. 384.) 
 on the part of the plaintiff [Or, of the defendant— (Or, 
 other party having conduct of sale)], that he may be at 
 liberty to bid at the sale directed by the decree [Or, 
 
 order] dated the day of , 18—, of the estates 
 
 therein mentioned. And take notice (as in No. 382.) 
 
 943. 
 
 Conditions of 
 sale referred to 
 in Order 37B, 
 being Schedule 
 P. mentioned in 
 that order. 
 
 1. No person shall advance less than $10 at any bidding 
 under $500, nor less than $20 at any bidding over $500, 
 and no person shall retract his bidding. 
 
 2. The highest bidder shall be the purchaser ; and if 
 any dispute arise as to the last or highest bidder, the pro- 
 perty shall be put up at a former bidding. 
 
 3. The parties to the suit, -with the exception of the 
 vendor (and, naming any parties, trustees, agents, or 
 others, in a fiduciary situation), are to be at liberty 
 to bid. 
 
 4. The purchaser shall, at the time of sale, pay down a 
 deposit, in the proportion of $10 for every $100 of his 
 purchase money, to the vendor or his solicitor ; and shall 
 
 pay the remainder of the purchase money, , (a) on 
 
 the day of next ; and upon such payment, 
 
 the purchaser shall be entitled to the conveyance, and 
 to be let into possession ; the purchaser, at the time of 
 sale, to sign an agreement for the completion of the 
 purchase. 
 
 5. The purchaser shall have the conveyance prepared at 
 his own expense, and tender the same for execution. 
 
 6. If the purchaser fails to comply with the conditions 
 aforesaid, or any of them, the deposit and all other pay- 
 ments made thereon shall be forfeited, and the premises 
 may be re-sold ; and the deficiency, if any, by such re- 
 sale, together with all charges attending the same, or 
 occasioned by the defaulter, are to be made good by the 
 defaulter. 
 
 944. 
 
 Directions to 
 auctioneer, as 
 to the conduct 
 of a sale in 
 several lota, 
 where there are 
 reserved bid- 
 dings. 
 
 Mr. L. M., the person appointed to sell the estates ad- 
 vertised for sale in this cause [Or, matter], is requested to 
 attend to the following directions : 
 
 R. M., Master. 
 
 The sale is to be conducted in accordance with the ac- 
 companying printed particulars and conditions. This 
 [print] is to be carefully preserved, and returned to my 
 Chambers : with the affidavit of the result of the sale. 
 
 (a) state with or without ini 
 
master's office — SALES — DIRECTIONS TO AUCTIONEER. 
 
 pie sale is to be subject to the reserved bidding speci- 
 fied m the accompanying note. This note is not to be 
 opened till the time of sale. The reserved bids ai-e not 
 to be divulged to any person, either at, or at any time 
 after, the sale. 
 
 In case there is no bidding for any lot equal to, or 
 higher than, the reserved bid, the person appointed to seU 
 is to declare that such lot is not sold, but has been bought 
 m on account of the persons interested in, or entitled to, 
 the property. 
 
 The accompanying bidding-paper is to be carefully filled 
 up. The highest sum bid, whether the lot is sold or not, 
 is to be inserted in the second column. In the event of 
 no person bidding for any lot, the words " no bidding " 
 are to be written in the second column, opposite the num- 
 ber of such lot. When, although there is a bidding, the 
 lot is not sold, the words " not sold " are to be written 
 in the third column. The purchasers are to sign their 
 names to the contract at the foot of the printed con- 
 ditions of sale, and any person who purchases as agent 
 for another must so sign : otherwise he must be treated 
 as the purchaser. The purchaser's address and quality 
 are to be fuUy stated at the foot of the contract. 
 
 When the purchaser's signature is not plain, or initials 
 are used, a note must be put at the foot of the con- 
 tract, asfoUows: "The name of the purchaser of lot — 
 is ." 
 
 553 
 
 In Chancery. 
 
 (Short style of suit.) 
 The reserved biddings fixed by the Master at — 
 to which the sale in this cause [Or, matter"! is to be sub- r?^^^"' 
 ject, are as lollows, viz. : 
 
 945. 
 
 < Note of the 
 
 For Lot 1 
 
 $800 
 
 
 For Lot 2 
 
 S250 
 
 
 In Chancery. 
 
 (Short style of cav^se.) 
 Bidding Paper of lands sold in this cause on the 
 day of, kc. 
 
 945a. 
 
 Bidding Paper. 
 
 For Lot 1 
 
 $900 
 
 
 For Lot 2 
 
 $200 
 
 Not sold. 
 
554 
 
 FORMS OF PROCEEDINGS IN 
 
 For Lot 3 
 
 No bidding. 
 
 
 For Lot 4 
 
 $710 
 
 
 946. 
 
 Conditions of 
 sale, and con- 
 tract by 
 purchaser. 
 
 In Chancery. 
 
 {Short style of cause.) 
 The Conditions of Sale are those in No. 943, avte, to 
 clause 6 inclusive ; then add as follows : 
 
 I agree to purchase the property or lot mentioned 
 
 in the annexed particulars for the sum of , and upon 
 
 the terms set forth in the above conditions. 
 
 Dated this day of , A.D. 18—. 
 
 {Name and address of purchaser.) 
 Witness : 
 
 947. 
 
 Affidavit of 
 auctioneer as to 
 result of sale. 
 
 (Formal parts : see ante, No. 300.) 
 
 I, A. B., of the of , in the county of , 
 
 the auctioneer appointed by the Master of this Honour- 
 able Court at , to sell the lands and premises com- 
 prised in the particulars hereinafter referred to, make 
 oath and say : 
 
 1. That I did, according to the appointment of the said 
 Master, at the time and place, in the lots, and subject to 
 the conditions specified in the particulars and conditions 
 of sale hereunto annexed, marked respectively A. and B., 
 &c., ofier for sale by public auction the lands and pre- 
 mises described in the said particulars, and that the re- 
 sults of such sale are as appear from the several signed 
 contracts appearing at the foot of the said conditions of 
 sale, marked respectively B., C, &c. 
 
 2. Tha,t the sums set forth in the said several contracts 
 are the highest sums bid for the respective lots therein re- 
 spectively mentioned, and that of , and of 
 
 , being the persons whose names are respectively 
 
 subscribed to the said several contracts, were respectively 
 declared by me to be the highest bidders for, and became 
 the purchasers of, the lots respectively mentioned in the 
 
 said several contracts, at the prices or sums of and 
 
 respectively, being the prices or sums in the said 
 
 several contracts respectively mentioned. 
 
master's office — SALES — AFFIDAVITS OF PUBLICATION. 555 
 
 3. That the several lots numbered respectively one, two, 
 &c., in the said particulajs, were not sold, no person hav- 
 ing bid a sum higher than or equal to the reserved bid- 
 dings fixed for the same respectively by the said Master : 
 the highest sums bid for such last-mentioned lots were 
 those appearing opposite the numbers of said lots respec- 
 tively in the second column of the paper now shown to 
 me, and marked E. 
 
 4 That no person bid any sum whatever for either of 
 the lots numbered respectively four and five, in the said 
 particulars. 
 
 5. That the said sale was conducted by me in a fair, 
 open and proper manner, and according to the best of my 
 skill and judgment. 
 
 Sworn, &c. 
 
 (Formal parts: see ante, No. 300.) 
 
 1. That a true copy of the advertisement now produced 948. 
 and shown to me, marked A., was published in the issues to^erttonof 
 of the newspaper published at on the advertiaements 
 
 J J. J ii. 1 c 1 ■ .and publication: 
 
 days 01 , and tne day oi , bemg once m ot posters. 
 
 each week for the four weeks immediately preceding the 
 
 day of , being the day of the sale in this cause, 
 
 (or as the case may be.) 
 
 2. I have examined copies of the said newspaper 
 
 published on each of the said days. 
 
 3. On the day of I posted up fifty copies of 
 
 the posters now shown to me, marked B., in conspicuous 
 places, in dififerent parts of the township (town or city) of 
 
 , and the adjacent country and villages (or as the 
 
 case rfiay he.) 
 
 4. That I also posted up twenty -five of the said biUs or 
 posters during the fourth week immediately preceding the 
 said sale in conspicuous places in taverns adjacent to the 
 said land, and fifty others of the said bills and posters I 
 also during the third week preceding the said sale, posted 
 up in conspicuous public places in different parts of the 
 
 said township (town or city) of , and the adjacent 
 
 country and villages (or as the case may be), and twenty- 
 five others of the said bills or posters I distributed to the 
 auctioneer and the solicitors of the various parties in- 
 terested in this cause. 
 
 Sworn, &c. 
 
556 FORMS OF PROCEEDINGS IN 
 
 949. {Formal parts : see ante, No. 300.) 
 
 ^cuttoVof 1. The annexed contract of sale, attached to the con- 
 
 "Sch^'er'' ditions and advertisement of sale in this cause, and marked 
 ^ ' A., was signed in my presence by B. C, of the township 
 
 of , in the county of , yeoman [if signed by 
 
 an agent, say by D. E., as agent for B. C, of, &c.] ; that the 
 signature " B. C." {or as the case may he), set and sub- 
 scribed to the said contract, is the proper handwriting of 
 the said " B. C," and that the signature " F. G.," set and 
 subscribed as a witness thereto, is my own proper hand- 
 writing. 
 
 Sworn, &c. 
 
 Between A. B Plaintiff, 
 
 iBeport?°saie, I^ Chancery. 
 
 'referred to in 
 Order 387, being 
 
 Schedule Q. and 
 
 mentioned in /^ -n> -rw ir j 
 
 that order. CD Defendant. 
 
 Pursuant to the decree [Or, order] of this Honourable 
 
 Court, bearing date the day of , and made in 
 
 this cause, I have, under the General Orders of this Court, 
 in the presence of [Or, after notice to] all parties concerned, 
 settled an advertisement and particulars and conditions 
 of sale- for the sale of the lands mentioned or referred to 
 in the said decree [Or, order], and such advertisement 
 having, according to my directions, been published in the 
 {naming the newspaper or newspapers), once in each week 
 
 for the weeks immediately preceding the said sale 
 
 ■(or as the case may be), and bills of the said sale having 
 beenalso, as directed by me, published in different parts of 
 
 the township {town or city) of , and the adjacent 
 
 country and villages {or as the case may be), the said lands 
 were offered for sale by public auction, according to my 
 
 appointment, on the day of , by me [Or, by Mr. 
 
 — — , of , appointed by me for that purpose, auc- 
 tioneer], and such sale was conducted in a fair, open, and 
 
 proper manner, when , of , was declared the 
 
 highest bidder for, and became the purchaser of the same, 
 
 at the price or sum of $ , payable as follows {Set out 
 
 shortly the condition of sale as to payment of the purchase 
 money). 
 
 AM which having been proved to my satisfaction by 
 proper and sufficient evidence, I humbly certify to this 
 Honourable Court. 
 
 Dated . 
 
master's office — SALES — ABSTRACT OF TITLE. ooT" 
 
 In Chancery. 
 
 (Short style of cause.) 
 I hereby require you forthwith to furnish me with an De„£f Jj 
 abstract of title to [lot 15 in the 1st con. of York], being absTraJtof 
 the lands purchased by Mr. C. D., at the sale in this cause, ""'^'"' 
 
 on the day of instant. 
 
 Dated, &c. 
 
 Yours, &c., 
 
 A. B., 
 To Messrs. A. & B., Solicitor for C. D. 
 
 Solicitors for 
 \j)arty having conduct of sale^ 
 
 In Chancery. 
 
 (ShoH style of cause.) 
 Abstract of title of [vendors] to lot 15 in the 1st con. 952. 
 of York, being the parcel of land purchased by Mr. C. D., u«e'™* """ 
 at the sale in this cause, on the day of , &c. 
 
 5 Jan., By a grant from the King to A. D., of ■ 
 
 1835. yeoman : in consideration of £100 the sd King 
 did give and grant unto the sd A. D., his heirs 
 and assns, all and singr lot 15 in the 1st con. of 
 the Tp of York, in the County of York. 
 
 To HOLD the same to the said A. D., his heirs 
 and assns forever. 
 
 Saving and reservg to the sd King, his heirs 
 and successors, all white pine trees then or there- 
 after growing on sd lands. 
 
 Proviso : that no part of sd land shd be 
 within any reservn theretofore made for the sd 
 King, his heirs or successors, by the Surveyor- 
 General. 
 
 Proviso : for performance of settlement duties 
 by sd A. D. 
 
 Proviso : that A. D. shd take oath of alle- 
 giance. 
 
 Executed by Sir Jno. Colbome, Lieutenant- 
 Governor of Upper Canada. 
 6 March, The sd A. D., by his will of this date, after ^ji, 
 
 1836. directing his debts and funeral expenses to be 
 paid, gave and bequeathed 
 
 All the rest, residue and remainder of his est, 
 both real and personal, of what nature and kind 
 soever, 
 
 (a) See 29 Vic, u. 28, s. 20. 
 
.558 
 
 FORMS OF PROCEEDINGS IN 
 
 Death of testator. 14 May, 
 
 1840. 
 7 July, 
 
 Peed of B. & S, 1841. 
 
 JMortgage. 
 
 8 Jan., 
 1844. 
 
 Unto C. D., his heirs and assns, forever, (a) 
 
 Executed by testator, and attested by John 
 Black, Thomas Reid and Mary Ward. 
 
 Proved 5th June, 1840, in the Surrogate 
 
 Court of the County of . Registered 25th 
 
 July, 1840. 
 
 The testator, A. D., died. 
 
 Indre of Bargain and Sale. Between 
 C. D., &c., of the 1st pt, M. D., his wife, of the 
 
 2nd pt, and R. P., of , gentleman, of the 3rd 
 
 pt. 
 
 Reciting the before abstracted will of sd 
 A. D. 
 
 It is witnessed that C. D., in consn of $- 
 
 did bargain and sell unto the sd R. P., his heirs 
 and assns. 
 
 All the before abstracted premises. 
 
 To hold the same to the sd R. P., his heirs 
 and assns forever. 
 
 Covenant by the said C. D., that he had a 
 right to convey, for quiet enjoyment, against in- 
 cumbrances, and for further assurce. 
 
 It is also witnessed the said M. D. barred 
 her dower in the said premises. 
 
 Executed by said C. D. and M. D., and 
 attested, and 
 
 Receipt for consn indorsed. 
 
 Registered 17 July, 1841. 
 
 Indenture of Mortgage between R. P., of 
 
 , gentleman, of the 1st pt, A. P., his wife, of 
 
 the 2nd pt, and R. F., of &c., farmer, of the 3rd 
 pt. 
 
 Reciting the before abstracted deed of 7 
 July, 1841. 
 
 It is witnessed that in consn of £150 the sd 
 R. P. did grant unto the sd R. F., his heirs and 
 assns. 
 
 All the before abstracted premises. 
 
 To hold unto the sd R. F., his heirs and assns 
 for ever. 
 
 (a) Unless the win be long, an exact copy of the whole should be furnished, but 
 where the length renders this inconvenient, extract the material parts in the precise 
 words of the testator, which is better than attempting a statement of the eflect, the 
 correctness of which often depends upon the right application of very difficult rules of 
 construction. A codicil should be abstracted in connection with the will to which it is 
 annexed, but where anything took place in the interval between the making of the 
 will and codicil, the latter should be again referred to in the order of its date. 
 
master's office SALES — ABSTRACT OF TITLE. 
 
 559 
 
 Proviso for redemption, on payment of prin- 
 cipal and int. 
 
 Covenants for payt of prinl and int, and for 
 the title, &c. 
 
 It is also witnessed that sd A. P. thereby 
 barred her dower in sd prems. 
 
 Executed by said R. P. and A. P., and at- 
 tested. 
 
 Registebed 10 Jany., 1844. 
 9 Jiane, Deed Poll indorsed on last abstracted indre. Deed pou. 
 
 1845. Reciting that within mentd principal sum 
 was owing with £10 for intr thereon. 
 
 The sd R. F., in consn of £160 paid by W. B., 
 
 of , farmer, did bgn, sell, assn, transfer and 
 
 set over unto sd W. B., his heirs, exors, admors 
 and assns, 
 
 The sd Indue of Mortge, and 
 
 The afsd prems, principl and int.. 
 
 And aU his estate, &c., 
 To hold unto sd W. B., his heirs, exors, admors 
 and assn.s for ever, 
 
 Subject to right of redemption by sd R. P. 
 
 Covenant by sd R. F. that he had done no 
 act to incumber. 
 
 Executed and attested. 
 
 Receipt for considn indorsed, signed and at- 
 tested. 
 
 11 Feb., Certificate whereby W. B., of , did certificate of 
 
 1846. certify thatR. P., of , gentleman, had paid mortga|c.° 
 
 and satisfied aU money due or to grow due on 
 
 the mortgage made by him thesd R. P. to R. F., 
 
 of , farmer, dated 8 January, 1844, and 
 
 assigned by the said R. F. to the said W. B. by 
 deed dated 9 June, 1845, and which said mtge is 
 therein stated to have been registered in the 
 Registry Office of the County of York, at ten 
 minutes past one of the clock in the afternoon 
 of the 10 Jany., 1844. 
 Attested by two witnesses. 
 Registered 11 Feb., 1846. 
 
 12 March, R. P., of , gentleman, died intestate. Death of grantee 
 
 1847. leaving him surviving R. C. P., his eldest son '"'«"='*^- 
 and heir-at-law (a). 
 
 15 April, Indre of Mortge made betn R. C. P., of Mortgage. 
 
 iy58. , yeoman, of the 1st part, and L. M., of 
 
 , merchant, of the 2nd part. 
 
 (a) Where the allegred heir-at-law is a more remote connection of the intestate, it is 
 advisable to set oat the pedigree showing his relationship. 
 
560 
 
 FORMS OF PROCEEDINGS IN 
 
 Mortgage of 
 eqmty of 
 redemption. 
 
 Death of 
 
 mortgagor 
 
 intestate. 
 
 Letters of 
 administration. 
 
 Becree for sale. 
 
 Whereby, in consn of £100, the sd R. C. P. did 
 , grant unto the sd . L. M., his heirs and assns. 
 
 All the before abstracted premises, 
 Subject to a proviso for redemptn on paymt of 
 principal and int. 
 Executed by both parties and attested. 
 Registered 15 ApL, 1858. 
 
 2 June, MoRTGE made betn R. C. P., of , yeoman, 
 
 1860. of the 1st pt, M. P., his wife, of the 2nd pt, and 
 
 V. B., of , saddler, of the 3rd pt. 
 
 Whereby in consn of £ the sd R. C. P. 
 
 did grant unto the sd V. B., his heirs and assns, 
 the E. i of said lot No. 15. 
 
 Proviso for redempt on paymt of £ and 
 
 iatr. 
 
 The said R. C. P. died intestate, leaving him 
 surviving his widow M. P. and A. P., R. W. P. 
 and G. P., his sole heirs and heiresses-at-law. 
 
 Letters of Administration to the estate of 
 the said R. C. P., 
 
 Whereby administn of the sd estate was com- 
 mitted unto the sd M. P. as sole administratrix 
 
 by the Surrogate Court of . 
 
 Decree of the Court of Chancery, made in a 
 certaia cause wherein L. M. is plaintiff, 
 and 
 
 M. P., A. P., R. W. P. and G. P., defendants. 
 Whereby it was ordered and decreed that all 
 necessary enquiries be made, accts taken, costs 
 taxed, and proceedings had for redemption or 
 sale of the land in question in the sd suit, being 
 the sd lot, and for these purposes the said cause 
 was thereby referred to the Master of the sd 
 
 Court at . 
 
 10 June, Final, Order made by sd Court in said cause, 
 "1871. V. B. having been added as a pty deft thereto 
 in the Master's office : 
 
 Whereby it was ordered that the lands in 
 qn in the sd suit shd be sold as by the sd decree 
 directed. 
 Dated, &c. 
 
 A. & B., 
 Solicitors for vendors. 
 (See next Form). 
 
 5 Nov., 
 1864. 
 
 20 Dec, 
 1864. 
 
 5 Oct., 
 1870. 
 
-master's office — SALES— OBJECTIONS TO ABSTRACT. 561 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 Take notice, that if you have any objection to make to „ ,■^^^■ 
 the sufficiency of the within abstract, you must serve the iudoSed'J'poii 
 same in writing within seven days from the ser%ace hereof f?vor*d.''^' '^^ 
 upon you, and if no such objection be served within the 
 time above named, you will be deemed to have accepted 
 the said abstract as sufficient. 
 
 Dated, &c. A. & B., 
 
 To Mr. A. B., Solicitors for Vendors. 
 
 Solicitor for Mr. 0. D. 
 
 In Chancery. 
 
 {Short style of cause.) 
 
 Objections to the sufficiency of the abstract of title to 954. 
 
 lot , in the concession of , purchased by 3°.^^^"^'^?*° 
 
 Mi\ C. D. at the sale in this cause. abatract. 
 
 1. It is not shown by the abstract that A. D. ever ac- 
 quired title to the said lot. 
 
 '2. It does not appear by the abstract that the will of 
 C. D. was sufficiently executed to pass real estate in this 
 Province. 
 
 3. Upon searching the Registry Office, I find that R. 
 P. executed a mortgage to one N. F., dated 5th July, 1842, 
 which mortgage appears afterwards to have been assigned 
 by deed to one R. L. This mortgage and assignment do 
 not appear upon the abstract, neither is it shown how the 
 interest of R. L. is bound by the decree under which the 
 sale to C. D. took place. 
 
 4. It does not appear by the abstract that J. D. died 
 intestate as to the land in question. 
 
 5. The deed from M. W. to A. F., dated 15th January, 
 1865, is not sufficiently abstracted. 
 
 Dated, fee. A. B., 
 
 To Messrs. A. & B., Solicitor for Mr. C. B. 
 
 Solicitors for Vendors. 
 
 In Chancery. 
 
 (Short style of cause.) 
 Take notice, that you are hereby required to answer the 955. 
 within objections within fourteen days from the service Sdo^i ^^ 
 thereof And take notice, that in case you make default 
 in answering the said objections within the said time, or 
 in case the answers (if any) made by you shall be unsatis- 
 factory, I shall apply to the Master of this Court (at 
 36 
 
562 
 
 FORMS OF PBOOEEDINGS IN 
 
 ) for a warrant to consider the abstract delivered 
 
 to me as Solicitor for Mr. C. D. herein. 
 
 Dated, &c. A. B., 
 
 To Messrs. A. & B., Solicitor for Mr. G. D. 
 
 Vendors' Solicitors. 
 
 956. 
 
 Answers to 
 objections to the 
 Bufficieuey of 
 abstract. 
 
 In Chancery. 
 
 (Short style of cause.) 
 Answers to objections to the sufficiency of the abstract 
 of title to lot , in the Concession of York. 
 
 1. In answer to objections 1, 3 and 4, we deliver here- 
 with a supplemental abstract. 
 
 2. In answer to objection 2, we admit that the will of 
 C. D. was insufficiently executed to pass real estate ; but 
 the deed from C. B. to R. F., the devisee named in the 
 
 said will, dated , is made by the heir-at-law of C. D., 
 
 as appears by the abstract delivered. 
 
 3. In answer to objection 5, we say that the deed from 
 M. W. to A. F. is lost, and we are unable to give any 
 further abstract of that deed, and we submit that the 
 abstract furnished is sufficient. 
 
 Dated, &c. A. & B., 
 
 To A. B., Esq., Vendors' Solicitors. 
 
 Solicitor for Mr. C. B. 
 
 957. The supplemental abstract should be in the same form 
 
 SSrfutie. owi(i endorsed with the same notice as No. 9-52, except 
 that in the heading it should be styled " Supplemental 
 Abstract of Title, &c." 
 
 958. 
 
 ^r°^f sum- ^ \ ^'^^i^y ^^f *^e {^thhi or foregoing) abstract is per- 
 cieneyofabstract icct. Or as perfect as the vendor is able to make the same, 
 the loot or on Dated, &c. (Signed) A. 
 
 the back of the ° ' 
 
 abstract. 
 
 B., 
 
 Master. 
 
 959. In Chancery. 
 
 Notice by pur- /cil. ^ j. i f 
 
 chaser's solicitor [ptiort Style Of CaUSe.) 
 
 ^e,% aSi^t. Take notice, that I hereby require you forthwith to 
 appoint a time and place for the verification of the 
 abstract of title delivered to me herein as solicitor for Mr 
 
 C. D., the purchaser of lot , in the Concession 
 
 of . at the sale in this cause. 
 
 Dated, &c. 
 To Messrs. A. & B., 
 Solicitors for Vendors. 
 
 A. B., 
 
 Solicitor for Mr. G. D. 
 
master's office — Si\iES— REQUISITIONS ON TITLE. 563 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 Take notice, that we will, on the day of , at 960. 
 
 o'clock in the ^noon, attend at our office, in the City do^'Li'a™" 
 
 of , and be then and there prepared to verify the "'esfw "X'' 
 
 absti-act of title [and supplemental abstract, if any], de- abstract. 
 livered to you, as solicitor for Mr. C. D., the purchaser of 
 
 lot in the con. of , at the sale in this cause. 
 
 Dated, &c. 
 
 A. & B., 
 To A. B., Esq. Vendors' Solicitors. 
 
 Solkitor for 3Ir. C. B. 
 
 In Chancery. 
 
 (ShoH style of cau^e.) 
 Take notice, that if you have any objections or requisi- 961. 
 
 tions to make respecting the title to lot , in the wndore'to 
 
 con. of , purdiased by Mi\ C. D., in this cause, you P"^<^tton""^ 
 
 are hereby required to dehver the same within seven days 
 from the service hereof upon you. And take notice, that 
 if no such objections or requisitions be deHvered within 
 the time above limited, the said C. D. will be presumed 
 to have accepted the title to the said land. 
 Dated, &c. 
 
 A. & B., 
 To A. B., Esq., Vendors' Solicitors. 
 
 Solicitor for Mr. C. D. 
 
 In Chancery. 
 
 (Short style of cause.) 
 
 Objections and requisitions of Mr. C. D. to the title to objecafnf 'aud 
 
 lot in the con. of , purchased by him in requisitions to 
 
 this cause. 
 
 1. Evidence required to show the death and intestacy 
 of C. W. 
 
 2. Evidence required to show that A. W. was the eldest 
 son and heir-at-law of C. W. 
 
 3. It appears that A. F. was married at the time of the 
 
 execution of the deed from him to R. L., dated ; but 
 
 the dower of his wife was not then barred. A release of 
 dower must be obtained from her, or evidence given 
 showing that she is not now entitled to dower in the land 
 in question. 
 
 4. The legacy bequeathed to C. F. by the will of T. F. 
 appears to be a charge upon the land. Evidence is 
 
-564 
 
 FORMS OK PROCEEDINGS IN 
 
 963. 
 
 Notice to be 
 endorsed. 
 
 required to prove its payment, or a release must be ob- 
 tained from the legatee. 
 
 5. The proceedings in this suit appear to be defective 
 in the following respects : — 
 
 (a) M. D., the second mortgagee named in the ab- 
 stract, does not appear to be a party. 
 {&) The decree under which the sale took place was 
 a decree nisi, and does not appear to have been 
 made absolute prior to the sale. 
 Dated, &c. A. B., 
 
 To Messrs. A. & B., . Solicitor for G. D. 
 
 Vendors' Solicitors. 
 
 {See next Fovm). 
 
 Take notice, that you are hereby required to answer the 
 within objections and requisitions within fourteen days 
 from the service thereof; and take notice, that in case you 
 make default in answering the said objections and requi- 
 sitions within the said time, or in case the answers (if 
 any) made by you shall be unsatisfactory, I shall apply 
 
 to the Master of this Court (at ) for a warrant to 
 
 consider the within objections and requisitions and your 
 answers, if any, thereto. 
 
 Dated, &c. A. B., 
 
 To Messrs. A. & B., Solicitor for Mr. G. D. 
 
 Vendors' Solicitors. 
 
 964. 
 
 Certificate of 
 Master of pro- 
 ceeding in his 
 office. 
 
 Section VI. — Masters Gertificates. 
 
 In Chancery. 
 
 (Shortened style of cause.) 
 
 I certify that the following and no other proceedings 
 have been had before me upon the reference now pending 
 before me under the decree [Or, order] herein, dated the 
 day of , 18 — , as by my books appears. 
 
 5th June, 1872. — Decree brought in by plaintiff's soli- 
 citor. Copy filed. Issued warrant to consider same ; 
 returnable 8th June, 1872, at 10 a.m. 
 
 8th June, 1872. — The plaintiff's solicitor attended, no 
 one appearing for defendants. Warrant and affidavit of 
 service thereof on defendants filed. Considered decree. 
 Warrant issued for defendants to bring in accounts 
 directed by decree, duly verified by affidavit, on the 18th 
 June, 1872 ; and I appointed the 19th June, 1872, to 
 proceed thereon, at 11 a.m. 
 
MASTERS OFFICE — MASTER'S CERTIFICATES. 565 
 
 19th June, 1872. — Issued certificate to plaintiff's soli- 
 citor of defendants' default in bringing in accounts. 
 
 20th June, 1872. — Defendants' accounts and affidavit 
 filed. 
 
 Dated, &c. A. B., 
 
 Master at . 
 
 commissiou. 
 
 In Chancery. 
 
 {Shortened style of cause.) 
 I certify that it is necessary that a commission should P®^', 
 
 issue in this caxise, directed to Mi-. A. B., of , in the M^^erlor" 
 
 State of , Counsellor at Law, to take the evidence ' 
 
 of the witnesses for [the plaintiflf and defendant], residing 
 
 at , upon the reference now pending before me 
 
 herein. 
 
 Dated, &c. A. B., 
 
 Master at . 
 
 {Formal parts : see ante, No. 964.) 
 
 I certify that I did by my warrant, dated the day 966. 
 
 of , ^c, direct that the [defendant A. B.] should SS^f°' 
 
 \here state act required to be done, e. g^ bring in and file nf ^'^'^nt 
 in my office an account, duly verified by affidavit, in served. 
 answer to the inquiries [Or, the 5th and 6th inquiries — 
 or as mmj he\ directed to be made by me under the 
 
 decree made in this cause, and dated the day of, <fcc., 
 
 on , the day of, &c., at of the clock, <fec., 
 
 and that my said warrant was duly served upon the said 
 A. B., but that he hath not [brought in or filed in my 
 office any account, or any affidavit in relation thereto], as 
 required by my said warrant, as by my books appears. 
 
 Dated, &c. A. B., 
 
 Master. 
 
 I certify that I did, on the day of , 18—, in (2)nM warrant 
 
 the presence of [the defendant A. B., Or, the solicitor of '^™ " 
 the defendant A. B. — or as may be], direct that the said 
 
 A. B. should, on the day of, Sc., {here state act 
 
 required to be done, as above [1]) ; but the said A. B., 
 although he had due notice of my said direction, hath not 
 {here negative the doing of the act rsquired to be done, as 
 above), as by my books appears. 
 
 Dated, &c. A. B., 
 
 Master. 
 
566 FORMS OF PROCEEDINGS IN 
 
 (3) 01 default of I certify that A. B. did not attend in my office on the 
 witness. ^^y ^j^ ^^^ £^^ ^j^g purpose .of being examined as a 
 
 witness in this cause, although duly required so to do, as 
 by writ of Subpoena ad TestificaTidum, and the affidavit 
 of service thereof filed in my office, and my books, ap- 
 pears. 
 
 A. B., 
 
 Master. 
 
 Section VII. — Master's Reports. 
 967. In Chancery. 
 
 Master's report •' a r> T>1 " i'^" 
 
 on Mortgage Dc- A. 15 -TiaintUI, 
 
 cree for foreolo- nnrl 
 
 Bure where no """ 
 
 partiesare added C. D Defendant. 
 
 iu his office. 
 
 1. In pursuance of the Decree made in this cause, bearing 
 date the , I was attended by the plaintiff's solici- 
 tor; and it appearing to, me by the respective certificates 
 
 of the Sheriff and Registrar of the county of that 
 
 no party or parties other than the said plaintiff 
 
 hath or have any hen, charge, or encumbrance upon the 
 lands and premises embraced in the mortgage security of 
 the said plaintiff in the bill and in this cause mentioned 
 subsequent thereto : 
 
 (// ike defendant have fled a traversing note, add :) 
 
 2. And it subsequently appearing to me that notice of 
 this proceeding had been duly served upon the said de- 
 fendant : 
 
 {If he had answered, insert, instead of this, the following :) 
 And it subsequently appearing to me that the proper 
 warrant, giving the defendant notice of this proceeduig, 
 had been duly served upon him, 
 
 I proceeded to hear and determine the matters re- 
 ferred to me by the said Order, and thereupon I was 
 attended by the respective solicitors for the said plaintiff 
 and the said defendant (if the fact he so) — Or, I was at- 
 tended by the soHcitor for the said plaintiff (no one 
 attending on the part of the said defendant, though duly 
 notified as aforesaid) : 
 
 3. And I find that at the date of this my Report, there is 
 due to the said plaintiff, for principal money, interest and 
 costs, and that there wiU accrue due to him for subsequent 
 interest upon his said mortgage security, up to the day 
 hereinafter appointed for payment, the sums following, 
 viz.: 
 
master's office — master's ekports. 567 
 
 I. 
 Claim of the said Plaintiff. 
 
 Balance of principal money due on the mort- 
 gage in the bill in this cause mentioned, 
 dated 1st January, 1862, given by the said 
 defendant to the said plaintiff, securing 
 $1,000 and interest $700 00 
 
 Interest on $700 from 1st January, 1866, (up to 
 which time I find the interest has been paid), 
 to 1st January, 1869 {date of report) 126 00 
 
 $826 00 
 Six calendar months' subsequent interest on 
 $700 from 1st January, 1869, to 1st July, 
 1869 21 00 
 
 $847 00 
 Costs taxed and revised at 41 50 
 
 Total due Plaintiff 1st July, 1869 $888 50 
 
 4. And I appoint the said sum of $888 50 to be paid by 
 
 the said defendant into the Agency Office in the 
 
 of of the Canadian Bank of Commerce (or as 
 
 may he), to the joint credit of the said plaintiff and the 
 Accountant of this Honourable Court, between the hours 
 of ten of the clock in the morning and one of the clock 
 in the afternoon of the said first day of July next, being 
 six calendar months next after the making of this my 
 Report. 
 
 All which I humbly certify and submit to this Honour- 
 able Court. 
 
 Dated at this day of , 18 — . 
 
 In Chancery. 
 
 Between — ^A. B Plaintiff, 968. 
 
 J Master's Report 
 
 ana on Mortgage 
 
 C. D. (By Bill), and E^ F. and G. H., D-r-^r 
 made parties in the Master s onice where aubse- 
 
 DpfpnHflnt'5 quentencum- 
 i/ciciiuaiii/b. brancera are 
 
 1. In pursuance of the Decree made in this cause, as ori- gg'lVe^but'do 
 
 ginally entitled, bearing date the day of , 18 — , ^j"^^™™ *°y 
 
 I was attended by the plaintiff's soKcitor ; and it appear- ™' 
 ing to me by the respective certificates of the Sheriff and 
 Registrar of the County of , that the said E. F. and 
 
668 FORMS OF PEOCEEDINGS IN 
 
 G. H., not before parties to this suit, have some lien, 
 
 charge or encumbrance upon the lands and premises em- 
 braced in the mortgage security of the said plaintiff in 
 the bill in this cause mentioned subsequent thereto, and 
 
 ought to be made parties, I did, on the day of , 
 
 order that they should be made parties to this suit, ac- 
 cording to the Consolidated General Orders of this Court. 
 
 2. And it subsequently appearing to me that the Notice 
 in accordance with Schedule T., referred to in Order 444 
 of the said General Orders, had been duly served upon 
 each of the said E. F. and G. H., and that the proper war- 
 rant giving the defendant C. D. notice of this proceeding 
 had been served on him (a), I proceeded to hear and de- 
 termine the matters referred to me by the said Order, and 
 thereupon I was attended by the sohcitor for the said 
 plaintiff (no one attending on the part of the said C. D., 
 E. F. or G. H., though duly notified as aforesaid) : 
 
 3. And I find that at the date of this my Report, there 
 is due to the said plaintiff, for principal money, interest 
 and costs, and that there will accrue due to him for sub- 
 sequent interest upon his said mortgage security, the sums 
 following, viz. : 
 
 I. 
 
 Claim of the said Plaintiff. 
 {Set out claim, as in No. 967.) 
 
 4. And I certify, that although notified as aforesaid, no 
 one of the said parties above designated as parties made 
 in the Master's office, hath attended before me, or proved 
 bfefore me any subsisting lien, charge, or encumbrance 
 upon the said lands and premises, whereby they have un- 
 der the said Consohdated General Orders disclaimed and 
 are foreclosed of all interest in the said lands and pre- 
 mises ; and I hereby declare them foreclosed accordingly. 
 
 5. And I appoint the said sum of $888 -50 to be paid by 
 
 the said C. D., into the Agency Office in the of 
 
 of the Canadian Bank of Commerce {Or, as may be) to the 
 joint credit of the said plaintiff and the Accountant of 
 this Honourable Court, between the hours of ten of the 
 clock in the morning and one of the clock in the 
 afternoon of the said day of , being six calen- 
 dar months next after the making of this my Report. 
 
 AH which I humbly certify and submit to this Honom-- 
 able Court. 
 
 Dated at this day of , 18 — . 
 
 (a) See WcCormack v. MeCormaek, 6 Pr. C. 208. 
 
master's office — master's reports. 569 
 
 In Chancery. 
 
 A. B Plaintiff, 969. 
 
 J Master*a Report 
 
 dJlQ. on mortgage 
 
 C. D. (By BiU), and E. J., G. H., and f-- Jj; 
 J. K., made parties in the Master's where subse- 
 
 fT» T-v j» 1 _L quent encum- 
 
 Oince, DeiendantS. brancers are 
 
 1. In pm-suance of the Decree made in this cause, as ori- hi^offlPc^j^V" 
 
 ginally entitled, bearing date the day of , 18 — , one prov'es us 
 
 I was attended by the plaintiff's solicitor ; and it appear- 
 ing to me by the respective certificates of the Sheriff and 
 Registrar of the County of , that the said E. J., G. 
 
 H., and J. K., not before parties to this suit, have some 
 Hen, charge or encumbrance upon the lands and premises 
 embraced in the mortgage security of the said plaintiff in 
 the bill in this cause mentioned subsequent thereto, and 
 
 ought to be made pai-ties, I did, on the day of 
 
 order that they should be made parties to this suit, accord- 
 ing to the Consohdated General Orders of this Court. 
 
 2. And it subsequently appearing to me that the Notice 
 in accordance with Schedule T., referred to in Order 444 
 of the said General Orders, had been duly served upon each 
 of the said E. J., G. H. and J. K., and that the proper war- 
 rant giving the defendant C. D. notice of this proceeding 
 had been served on him, I proceeded to hear and deter- 
 mine the matters referred to me by the said Order, and 
 thereupon I was attended by the respective solicitors for 
 the said plaintiff, and the said E. J. (no one attending on 
 the part of the said C. D., G. H, and J. K., though duly 
 notified as aforesaid) : 
 
 3. And I find that at the date of this my Report, there 
 is due to the said plaintiff, and to the said E. J., for 
 principal money, interest and costs, and that there will 
 accrue due to them for subsequent interest upon the 
 mortgage security and the judgment hereinafter men- 
 tioned, the sums following, viz. : 
 
 I. 
 
 4. Claim of the said Plaintiff. 
 
 (Set out Plaintiff's claim as in No. 967.) 
 
 II. 
 
 Claim of the said E. J. 
 
 5. Amount of a judgment recovered by the said E. J. 
 
 against the said C. D., in the Court of , on the 
 
 first day of July, 1865 (on which a fi. fa. agamst the 
 
-570 FORMS OF PROCEEDINGS IN 
 
 lands of the said C. D. was placed in the hands of the 
 Sheriff of the county of , on the first day of Sep- 
 tember, 1866, which was duly renewed (if the fmt he so) 
 
 on the day of , and on the day of ), 
 
 for $1,000 true debt, and $50 taxed costs $1,000 00 
 
 Costs taxed at law 50 00 
 
 $1,050 00 
 Interest thereon from 1st July, 1865, to January 
 
 1st, 1869 220 50 
 
 $1,270 50 
 
 Fi. fas $10 00 
 
 Sheriff's fees : 15 00 25 00 
 
 $1,295 50 
 Costs allowed on this claim 9 00 
 
 Total due on this claim, 1st January, 1869 . . . .$1,304 50 
 
 6. And I certify, that although notified as aforesaid, no 
 one of the said parties above designated as parties made 
 in the Master's office, excepting the said E. J., hath 
 attended before me, or proved before me any subsisting 
 lien, charge or encumbrance upon the said lands and pre- 
 mises, whereby they have under the said Consolidated 
 General Orders disclaimed, and are foreclosed of all in- 
 terest in the said lands and premises ; and I hereby declare 
 them foreclosed accordingly. 
 
 7. And I have settled the priorities between all the said 
 parties to this suit who have proved their claims before 
 me as aforesaid, and find that such priorities are in ac- 
 cordance with the order in which the said claims are 
 hereinbefore mentioned and set forth. 
 
 8. And I further certify that of the said plaintiff and 
 the said defendants, the said plaintiff" and the said E. J. 
 only having attended before me in respect of the matters 
 aforesaid, appear to me, to be of them the only encum- 
 brancers upon the said lands and premises affected by the 
 plaintiff's said mortgage. 
 
 9. And I appoint the said sum of $888.50 to be paid 
 
 by the said E. J. (a) into the Agency Office in the of 
 
 of the Canadian Bank of Commerce (jr as may be) 
 
 to the joint credit of the said plaintiff, and the Accountant 
 of this Honourable Court, between the hours of ten of the 
 
 (a) If there be more than one subsequent encumbrancer who proves a claim, one day 
 is given to all to redeem. In case they all fail to redeem, a new account is taken, and 
 the mortgagor is then allowed three months' further time to redeem. Wliere a subse- 
 quent encumbrancer redeems the plaintiff for form of subsequent report. See post, 
 No. 976. 
 
master's office — master's reports. 571 
 
 clock in the morning and one of the clock in the after- 
 noon of the said day of , 18 — , being six calendar 
 
 months next after the making of this my report. 
 
 All which I humbly certify and submit to this Honour- 
 able Court. 
 
 Dated at , this day of , 18 — . 
 
 Master at . 
 
 Same as No. 967. 
 excepting that the words " subsequent thereto " at the 970. 
 end of the fii-st paragi-aph of the form are omitted in a onino'ry^'"^ 
 report on a sale decree. wSn°o%U?ie. 
 
 are added. 
 
 Same as No. 968. 
 excepting that the words " subsequent thereto " towards ^^J^- ^ 
 the end of the fii-st paragi-aph of the form are omitted in on mor^^ 
 a report on a sale decree. itoe pates'' 
 
 are added, but 
 none prove. 
 
 In Chancery. 
 
 A. B Plaintiff 972. 
 
 1 Master's report 
 
 ^-nO. on mortgage 
 
 C. D. (By Bill), and E. F., G. H., J. K. iZrJZ^^' 
 and S. M., made parties in the Mas- braucers are 
 
 , fY* ^ T^ p 1 , added, some of 
 
 ter s omce Ueiendants. whom prove. 
 
 1. In pursuance of the Decree made in this cause, as 
 
 originally entitled, bearing date the day of , 
 
 I was attended by the plaintiff's solicitor; and it ap- 
 pearing to me by the respective certificates of the Sheriff 
 
 and Registrar of the County of that the said E. F., 
 
 G. H., J. K. and S. M. not before parties to this stut, 
 
 had some lien, charge or encumbrance upon the lands and 
 premises embraced in the mortgage security of the said 
 plain tifi" in the Bill in this cause mentioned, and ought to 
 
 be made parties, I did, on the day of order 
 
 that they should be made parties to this suit, according 
 to the Consolidated General Ordei-s of this Court. 
 
 2. And it subsequently appearing to me that the Notice 
 in accordance with Schedule T., referred to in Order 444 
 of the said General Orders, had been duly served upon 
 each of the said E. F., G. H., J. K. and S. M., and that the 
 proper waiTant giving the defendant, C. D., notice of this 
 proceeding, had been served on him. 
 
 3. I proceeded to hear and determine the matters re- 
 ferred to me by the said Order, and thereupon I was 
 attended by the respective solicitoi-s for the said plaintiff, 
 
•572 FORMS OF PROCEEDINGS IN 
 
 and the said E. F. and G. H. (no one attending on the 
 part of C. D., J. K. or S. M., though duly notified as 
 aforesaid) : 
 
 4. And I find that at the date of this my Report, there 
 is due to the said plaiutifi", and to the said E. F. and G. H. 
 
 for principal money, interest and costs ; and that 
 
 there will accrue due to them for subsequent interest upon 
 the mortgage securities and the judgment hereinafter 
 mentioned, the sums following, viz. : 
 
 I. 
 
 5. Claim of the said Plaintiff. 
 (Insert plaintiff's claim as in No. 967.) 
 
 n. 
 
 6. Claim of the said E. F. 
 
 {Insert E. F.'s claim as in No. 969.) 
 
 (addmg six months' interest). 
 
 III. 
 
 Claim of the said G. H. 
 
 7. Balance of principal due on a mortgage, dated 
 1 July, 1866, registered 1 October, 1866, given 
 by the said C. D. to this claimant, securing 
 $1,000 00, and interest at 8 % $500 00 
 
 Balance of interest due 1 January, 1869 50 00 
 
 $550 00 
 Six months' subsequent interest on $500 from 1 
 January, 1869, to 1 July, 1869 20 00 
 
 $570 00 
 Costs allowed on this claim 9 00 
 
 Total due on this claim 1 July, 1869 $579 00 
 
 8. And I certify that, although notified as aforesaid, no 
 one of the said parties above designated as parties made 
 in the Master's ofiice, excepting the said E. F. and G. H. 
 
 — hath attended before me, or proved before me any 
 
 subsisting lien, charge, or encumbrance upon the said 
 
master's office — master's reports. 573 
 
 lands and premises, whereby they have, under the said 
 Consolidated General Ordei-s, disclaimed and ai'e foreclosed 
 of all interest in the said lands and premises : and I here- 
 by declare them foreclosed accordingly. 
 
 9. And I have settled the priorities between all the said 
 pai-ties to this suit who have proved their claims before 
 me as aforesaid, and find that such priorities are in accord- 
 ance with the order in which the said claims are herein- 
 before mentioned and set forth. 
 
 10. And I fiu-ther certify that of the said plaintiff and 
 the said defendants, the said plaiatiff and the said E. F. 
 and G. H., only having attended before me in respect of 
 the matters aforesaid, appear to me to be of them the only 
 encumbrancers upon the said lands and premises affected 
 by the plaintifTs said mortgage. 
 
 11. And I appoint the said respective sums of $888 50, 
 SI, 336 00 and So79 00 to be paid by the said C. D. into 
 the Agency Office in the of of the Cana- 
 dian Bank of Commerce {or as may he) to the joint credit 
 respectively of the said plaintiff, the said E. F. and the 
 said G. B[.,"and the Accountant of this Honourable Court, 
 between the hours of ten of the clock in the morning and 
 
 one of the clock in the afternoon of the said day of 
 
 , being six calendar months next after the making of 
 
 this my report. 
 
 All which I humbly certify and submit to this Honour- 
 able Court. 
 
 Dated at this day of 
 
 Master at 
 
 In Chancery. 
 
 {Style of suit.) 
 I. In pursuance of the [decree in this cause, as originally 973. 
 
 entitled], bearing date the day of , I have been J^^t^ng afs'S- 
 
 attended by the respective sohcitors for the said plaintiff, ^Vatee™* 
 and the said {siuch parties, if any, as have attended : and dosure decree ; 
 if any parties have been served with warrants and have wd™ dieting 
 not attended, that fact should he stated: see ante, iVo. ^ °^^^J5' °' 
 968) : and having heard the evidence adduced, and con- 
 sidered of the matters thereby to me referred, I find as 
 
 follows. , . ,, . , 
 
 •^ That having by my Report made m this cause, bear- 
 ing date the day of , found to be due to the said 
 
 plaintiff for principal, interest and costs, subsequent m- 
 terest and subsequent costs {if the fact be so), upon his 
 mortgage security in the bill in this cause mentioned, up 
 to the day of , the sum of $ , 
 
574 
 
 FORMS OF PHOCEEDINGS IN 
 
 3. I have now proceeded to take an account of subse- 
 quent interest, and have taxed to the plaintiif his subse- 
 quent costs : all of which appears as follows, viz. : 
 
 {Set out accownt as m, forms ante, Nos. 967, 969, 972.) 
 And I appoint the said sum of $— — {as in form No. 
 969, with stbch alterations as the form may require) 
 
 974. In Chancery. 
 
 Master's report 
 under a decree 
 for redemption. 
 
 A. B Plaintiff, 
 
 and 
 CD Defendant 
 
 1. In pursuance of the decree made in this cause, bear- 
 ing date the day of -, A. D. 18 — , I have been 
 
 attended by the respective solicitors for the said parties, 
 and having heard the evidence adduced and considered of 
 the matters thereby to me referred, I find as follows, viz. : 
 
 2. That there is now due and will accrue due to the said 
 defendant by the said plaintiff upon the mortgage in the 
 pleadings mentioned for principal, interest, subsequent 
 interest and costs the sums following, viz. : 
 
 {Set out claim, as in form ante No. 967) 
 
 3. And I appoint the said sum of to be paid by the 
 
 plaintiff into the Agency Office in the City of Hamilton of 
 the Canadian Bank of Commerce, to the joint credit of 
 the said defendant and the Accountant of this Honour- 
 able Court, between the hours of ten of the clock in the 
 morning and one of the clock in the afternoon of the 
 
 said day of , beiag six calendar months next 
 
 after the making of this my report. 
 
 All which I humbly certify and submit to this Honour- 
 able Court. 
 
 Dated at Hamilton this 
 
 day of 
 
 18- 
 
 975. 
 
 Uaster's report 
 in suit by 
 derivative mort- 
 gagee for fore- 
 closure, (a) 
 
 See Forms ante, Nos. 967, 968 and 969. 
 
 (a) The Master first takes an account of the amount due to the plaintiff and to the deri- 
 vative mortgagor, and a day is appointed^ six months from the making of the report, for 
 the original mortgagor to pay the plaintiff the amount found due hmi, not exceedin,? 
 the sum found due to the derivative mortgagor, and the balance (if any), after deducting 
 the amount of the plaintiff's claim from the amount found due to the derivative mort- 
 gagor, is directed to be paid to the latter. On the original mortgagor being foreclosed 
 by a final order, the Master takes a subsequent account between the plaintiff and his 
 mortgagor, and appoints a day three months thereafter for the latter to redeem. 
 
master's office — master's reports. o7& 
 
 In Chancery. 
 
 {Style of suit.) 
 
 1. In pm-suance of the decree made in this cause, as ori- 876. 
 
 ginaUy entitled, bearing date the day of , I have SSpmSJS 
 
 been attended by the solicitor for the said E F (thp pt)- i>as been redeem^ 
 
 „i \ '^ ,iT ,-, ' -^ . v^w(/c c/ft- edbya subse- 
 
 cumbrancer), no one attending on the part of the said C quentencum- 
 D. {the mortgagor) although duly notified {if the fact he ^™'""" 
 so) — and having heard the evidence adduced, and consi- 
 dered of the mattei-s thereby to me referred, I find as 
 follows, viz. : 
 
 2. That having by my Repoi-t made in this cause, bear- 
 ing date the day of , found to be due to the said 
 
 plaintiff for principal, interest, and costs, and for subse- 
 quent interest up to the day of , upon his mort- 
 gage security in the bill in this cause mentioned, the sum 
 of$ , 
 
 3. And having also in and by the said Report found to 
 be due to the said E. F., for principal, interest, and costs, 
 upon his judgment {or mortgage, as the case may be) in 
 
 the said Report set forth, up to the day of , the 
 
 sum of S , 
 
 4. And the said E. F. having redeemed the said plaintifi" 
 by paying to him the said sum of $ , 
 
 5. I have now proceeded to take an account of subse- 
 quent interest, on foot of the said claim of the said plaiutiff" 
 and the said E. F., and have taxed to the said E. F. his. 
 subsequent costs ; all of which appears as follows, viz. : 
 
 Amount paid to redeem the said plaintiff on the 
 day of I 
 
 Interest thereon from the day of {date 
 
 of payment) to the day of (date 
 
 ofMeport) 
 
 II. 
 
 Amount found due to the said E. F., by the said 
 Report $ 
 
 Interest on .? from the day of to 
 
 the day of {date of Report) 
 
576 FOKMS OF PROCEEDINGS IN 
 
 Amount of redemption money as above 
 
 Three calendar months' subsequent interest on the 
 
 sum of $ h $ = $ , from the 
 
 day of to the day of . . 
 
 Subsequent costs, taxed and revised at .... 
 
 Total due to E. F. on the day of 
 
 And I appoint the said sum of $ to be paid by the 
 
 said C. D. (a) (the Mortgagor) into the Agency Office in 
 
 the of of the Bank, to the joint credit of 
 
 the said E. F. and the Accountant of this Honourable 
 Court, between the hours of ten of the clock in the 
 morning and three of the clock in the afternoon of the 
 
 said day of , being three calendar months next 
 
 after the making of this my Report. 
 
 All which, tfcc. 
 
 Dated at, c&c. A. B., 
 
 Master at . 
 
 ssSI'^k ort ^^ Chancery. 
 fln^ortga^e'al^ Between — A. B Plaintiff, 
 
 cree for forecio- and 
 
 sure where a 
 
 defendant by C. D. and E. F. (By BUI), and G. H. 
 encumbrancer and J. K. made parties in the Master's 
 r^^ltSr office ; Defendants. 
 
 T., iinder Order 
 -446 (b). 
 
 1. In pursuance of the Decree made in this cause, as 
 
 originally entitled, bearing date the day of , 18 — , 
 
 I was attended by the plaintiff's solicitor ; and it appear- 
 ing to me by the respective certificates of the Sheriff and 
 
 Registrar of the County of that the said G. H. and 
 
 J. K., not before parties to this suit, had some Ken, 
 
 charge or encumbrance upon the lands and premises em- 
 braced in the mortgage security of the said plaintiff in 
 the bill in this cause mentioned subsequent thereto, and 
 
 ought to be made parties, I did, on the day of 
 
 , order that they should be made parties to this 
 
 suit, according to the Consolidated General Orders of this 
 Court, of June, 1868. 
 
 2. And it subsequently appearing to me that the Notice 
 in acccordance with Schudule T., referred to in Order 444 
 
 (a) If there are other encumbrancers subsequent to the encumbrancer who redeemed 
 the plaintiff, they should now be appointed to redeem, and so on, on each successive 
 redemption ; and when all the encumbrancers tailing to redeem have been foreclosed, 
 then the mortgagor should be appointed to redeem. 
 
 (6) This appomtment is served where a defendant by bill, interested in the equity 
 of redemption, is also an encumbrancer. The most familiar instance of this is, where a 
 mortgagor assigns to a trustee for the benefit of creditors — the trustee having a claim 
 either by subsequent mortgage or fi. fa. In such a case he must be served with the ap- 
 pointment under Order 446, and also with a warrant. 
 
masteh's office — master's reports. 577 
 
 of the said General Orders, had been duly served upon 
 each of the said G. H. and J. K. : and that the appoint- 
 ment in accordance with Schedule T. referred to in Order 
 446 of the said Orders, together with the proper warrant, 
 had been duly served upon the said defendant by bill', 
 E. F., and that the proper warrant giving the defendant 
 C. D. notice of this proceeding had also been served on 
 him, 
 
 I proceeded to hear and determine the matters referred 
 to me by the said Order, and thereupon I was attended 
 by the respective solicitors for the said plaintiff and the said 
 E. F. (no one attending on the part of the said C. D., G. 
 H., or J. K., though duly notified as aforesaid) : (Proceed- 
 ing as in the fcn-Tns already given, ante, Nos. 967, et seq.) 
 
 In Chancery. 
 
 (Style of suit.) 
 
 1. In pursuance of the decree made in this cause, bearing 078. 
 
 date the day of , 18— I have been attended by fnlSngS"^- 
 
 A. B., receiver of the rents and profits of the real estate M'TefsaccountB. 
 of C. D. in the pleadings in this cause named, and of the 
 
 profits of his personal estate, also therein named, and by 
 the respective solicitors for the said parties (Or, for the 
 said E. F., G. H., and J. K. (as the case may be) ; and the 
 said receiver having brought before me an account of the 
 rents and profits of the said real and personal estate, and 
 of his payments and allowances thereout for taxes, re- 
 pairs, and other proper disbursements for the year com- 
 mencing on and ending on , I have 
 in the presence of the said receiver, as also in the presence 
 of the said soKcitors, proceeded to take the said account : 
 
 2. And I find that the said receiver hath received by 
 and out of the said rents and profits for that year-the 
 
 sum of $1,000 00 
 
 And that he hath allowed to several tenants 
 
 of the said real estate, for taxes and repairs 
 (or as the case may he), iu the aggregate the 
 sum of 100 00 
 
 Leaving a balance of $900 00 
 
 And I have allowed to him 5% on the said sum of 
 
 $l,000,beiiig ■ 50 00 
 
 as and for his salary as such receiver, during the above 
 mentioned period. 
 
 3. And I have taxed to the said receiver his costs of 
 passing his said accounts, and they have been revised at 
 
 37 
 
678 FORMS OF PROCEEDINGS IN 
 
 the sum of $20, which two last mentioned sums of $50 
 and $20, being taken from the said sum of $900, leave the 
 final sum of $830 as cash in the hands of the said receiver 
 to the credit of the said estate on the said day of 
 
 {the day above mentioned, being the day up to 
 which the accov/nt is imade up.) 
 
 All which I humbly certify and submit to this Honour- 
 able Court. 
 
 Dated at this day of , 18 — . 
 
 A. B., 
 Master at . 
 
 97© In Chancery. 
 
 Master's report xy j. 
 
 in an Adminis- isetWeen 
 
 d«or°de?589™" ^- B. and others Plaintiffs, 
 
 and 
 C. D. and others Defendants. 
 
 Pursuant to the Order [Or Decree] herein made, dated 
 
 the day of , 18 — , having caused an office 
 
 copy thereof to be served upon [Cfive the names of persona 
 served under Order 60, and also the names of those upon 
 whom service has been dispensed with, and the reason for 
 dispensing with service'], I proceeded to dispose of the 
 matters referred to me, and thereupon was attended by 
 the solicitors for all parties interested [or as the case may 
 be]: 
 
 [If the Master hus appoi/nted a guardmn ad litem, for 
 any of the parties, this should be so stated, and the reason 
 why sue I appovntmsnt was made.] 
 and I find as follows : — 
 
 1. The personal estate not specifically bequeathed of 
 the testator come to the hancfe of the executors, and 
 wherewith they are chargeable, amounts to the sum of 
 $ , and they have paid, or are entitled to be al- 
 lowed thereout, the sum of $ , leaving a balance 
 
 due from them [ Or," to them," as the case may be] of $ — 
 on that account ; 
 
 [// no personal estate, say : No personal estate has 
 come to the hands of the executors, nor are they charge- 
 able with any.] 
 
 2. The creditor's claims sent in, pursuant to my adver- 
 tisement in that behalf (published in issues of the 
 
 newspaper called ), and which have been allowed, 
 
 are set forth in the first schedule hereto, and amount to 
 
 [If no creditors, say : No creditor has sent in a claim, 
 pursuant to my advertisement in that behalf, nor has 
 any such claim been Droved before me.l 
 
master's office — master's reports. 
 
 §79 
 
 3. The funeral expenses of the testator, amounting to 
 
 $ , have been paid by the executors, and are allowed 
 
 to them in the account of personal estate. 
 
 4. The legacies given by the testator are set forth in 
 the second schedule hereto, and with the interest' therein 
 mentioned, remain due to the persons named {or as the 
 case may be.) 
 
 5. The personal estate of the said testator outstanding 
 or undisposed of is set forth in the third schedule hereto. 
 
 [In this third schedule the personal estate specifically 
 bequeathed should be set forth separately from the other 
 personalty outstanding or undisposed of. If there is tvo 
 specific bequest it should be so stated in the body of the 
 report. 
 
 6. The real estate which the said testator was seized 
 of or entitled to, and the encumbrances (if any) affecting 
 the same, are set forth in the fourth schedule hereto. 
 
 7. The rents and profits of the testator's real estate 
 received by the said executors, or with which they are 
 
 chargeable, amount to S , and they have paid, or are 
 
 entitled to be allowed thereout the sum of $ , leaving 
 
 a balance due from [Or to] them of $ , on that 
 
 account. 
 
 [If no rents, &c., received, say : No rents and profits 
 have come to the hands of the said executors, nor are 
 they chargeable with any.] 
 
 8. 1 have allowed to the said executors the sum of 
 
 S as a compensation for their personal services in 
 
 the management of the said estate. 
 
 The first Schedule refer-) 
 
 ed to 
 
 in the foregoing Report. 
 
 
 X*MR3 OF CRKDITOES. 
 
 Principal. 
 
 intbrest 
 Allowbd. 
 
 Coats at law 
 
 (ilany) 
 subsequent 
 
 to 
 Judgment. 
 
 Costs 
 
 of 
 
 this 
 
 Suit. 
 
 •i 
 
 
 Rat« 
 Cent. 
 
 Amount 
 to date ot 
 Report. 
 
 1 
 
 
 ^Distinguish any 
 which are secured 
 by mortgage, lien, 
 or otherwise en- 
 titled to any prio- 
 rity.] 
 
 i 
 
 
 » ^ 
 
 9 
 
 « c. 
 
 t c. 
 
 [No general form can well be framed for the other 
 Schedules, but in all cases brevity is to be studied. Where 
 particulars are given, they should show merely the general 
 character of the things described; as, for i/nstance, the 
 
580 FORMS AND PRECEDENTS OF 
 
 Sckedtde of outstatuUng personcdty may say : A number 
 of book debts outstandmg, amounting in the aggregate to 
 
 $ ; a quantity of household furniture and effects, 
 
 valued at $ ; and the like short particulars should 
 
 be given in other cases. Lands should be described with- 
 out setting forth metes and boundsi\ 
 
 970a. 
 
 Report on sale. 
 
 See ante. No. 950. 
 
 979b. 
 
 Report in part- 
 narsfaip suit. 
 
 See ante. No. 930. 
 
 CHAPTER XVI. 
 
 SOLICITORS. 
 
 Section I. — Authority to Prosecute or Defend — Consent 
 to act as Relator, Need Friend, or Ghiardian ad litem. 
 
 080. I, A. B., of {Residence and addition), authorise Mr. C. 
 
 ^iS"to^ ^^ ™ D-, of (Place of business), to commence and prosecute a 
 or pr™e*^dto|"'' ®"^* L^*"' ^^^^ proceedings as may be necessary and pro- 
 per], on my behalf, in the Court of Chancery, for [State, 
 succinctly, the object ; as thus : the administration of the 
 
 estate of E. F., deceased]. Dated this day of , 
 
 18—. 
 Witness. A. B. 
 
 981. 
 
 The like ; by 
 indoreement on 
 bill, or ori^na^ 
 ting notice. 
 
 982. 
 
 Authority by an 
 adult, to defend 
 a suit or 
 proceeding. 
 
 I, the within named A. B., authorise Mr. C. D., of 
 {Place of business), to file this bill [Or, issue this notice], 
 and to prosecute on my behalf the suit [Or, proceeding] 
 to be commenced thereby. 
 
 Dated, <fcc. 
 
 Witness. A. B. 
 
 In Chancery. 
 
 {Short title.)' 
 I, (the defendant) A B., of {Resident and addition), 
 authorise Mr. C. D., of {Place of business), to appear to, 
 and defend this suit on my behalf. 
 
PROCEEDINGS IN CHANCERY — SOLICITORS. 581 
 
 Or, to appear and act on my behalf on the hearing of 
 the petition presented by [Or, order taken out on be- 
 half of] E. F. in this matter — or as inay be. 
 
 Dated, <&c. 
 
 Witness. A.. B. 
 
 I, A. B., of (Residence and addition), authorise Mr. C. 983. 
 D., of {Plnce of business), to use my name as relator in ^"atoTin'an "'^ 
 the information about to be filed in the Court of Chancery, S'eTstSe'" 
 for the purpose of (State, succinctly, what) ; and to prose- 
 cute the suit to be commenced thereby. Dated, S:c. 
 
 Witness. A. B. 
 
 I, the within named A. B., authorise Mr. C. D., of (Place 984. 
 of business), to use my name as relator ia the within in- indoisement'on 
 formation about to be filed ; and to prosecute the suit to *' i"'"™*"""- 
 be commenced thereby. Dated, <fcc. 
 
 Witness. A. B. 
 
 In Chancery. 
 
 (Short title.) 
 I, A. B., of (Residence and addition), authorise Mr. C. 985. 
 D., of (Place of business), to use my name in this suit, as ^i'^fV "'* 
 relator in the information therein, in the place of E. F., deceased relator. 
 deceased ; and to continue the prosecution of this suit. 
 
 Dated, c&c. 
 
 Witness. A. B. 
 
 I, A. B., of (Residence and addition), authorise Mr. C. .®?^: 
 D., of (Place of busings), to commence and prosecute a the next tne^d 
 suit in [Or, to make an application to] the Court of Chan- °nde^r'S™biiity, 
 eery, on behalf of E. F., an infant [Or, a person of unsound ^^^p™' ^'^ * 
 mind, not so found — Or, the wife of G. F., (fee], for [State, proceedms. 
 succinctly, the object ; as thus : the administration of the 
 estate of B. C, deceased — Or, for the appointment of a 
 guardian of the person and estate of the said E. F., and an 
 allowance for his maintenance] ; and to use my name in 
 such suit [Or, proceeding] as the next friend of the said 
 E. F. 
 
 Dated, &c. 
 
 Witness. -^- "■ 
 
582 
 
 PO&MS OF PROCEEDINGS IN CHANCEEY. 
 
 987. I, the within named A. B., authorise Mr. C. D., of {-place 
 
 n^'Sdoft^ of business), to file this bill [Or, issue this notice], and to 
 pereonunder prosecute the suit \0r, proceeding], to be commenced 
 
 disability by -tl , , , l > r ,■, j. r ■ j f j.T,„ 
 
 endorsement on thereby; and to use my name as the next inena oi tne 
 
 thebillornotioe. ^^j^j^ ^^^^^ j, y ^1^^^.^^^^ 
 
 Dated, Sc. A. B. 
 
 Witness. 
 
 S88. 
 
 Authority by 
 new next friend, 
 to use his name, 
 and continue 
 proceedings. 
 
 In Chancery. 
 
 {Short title.) 
 
 I, A. B., of {Residence and addition), consent to be 
 appointed, and to act as, the next friend of the plaintiff 
 [Or, applicant], C. D., in this suit [Or, proceeding], in the 
 place of E. F. And I authorise Mr. G. H., of {Place of 
 business), to use my name as such next friend, and to 
 continue the prosecution of this suit [Or, proceeding]. 
 
 Dated, Sc. A. B. 
 
 Witness. 
 
 989. I, E. F., of {Residence), the wife of G. F., of {Residence 
 
 ma™?"d woman *''^*^ addition), cousent to a suit [Or, proceeding] being 
 t° a suitor pro- commenced and prosecuted in the Court of Chancery, on 
 name by a next my behalf, by A. B., of {Residence and addition), as my 
 friend. ncxt friend, for {State, succinctly, the object ; as thus : the 
 
 administration of the estate of B. C, deceased). 
 
 Dated, Sc. E. F. 
 
 Witness. 
 
 990. 
 
 Consent to act 
 as guardian ad 
 litem for a 
 person under 
 disability. 
 
 In Chancery. 
 
 {ShoH title.) 
 I, A. B., of {Residence and addition), consent to be 
 appointed [If so : and to act, in the place of L. M.] as 
 guardian ad litem of C. D., a defendant in this suit. 
 
 Or, who has been served with notice of the decree 
 dated, &c., in this suit. 
 
 Or, of C. D., who has been served with the petition 
 presented by — Or, order taken out on behalf of — E. 
 F. in this suit — Or, matter — or as may be. 
 
 Dated, (Sac. A. B. 
 
 Witness. 
 
CHANGE OF SOLICITOR, OE AGENT. 583 
 
 The mark 
 + 
 ofA. B. 
 This paper writing was read over by me to the above Attestation to 
 named A. B.; and he appeared perfectly to understand «'[ by a 
 the same, and made his mark thereto in my presence : marksman. 
 X. Y., of (Residence and addition). 
 
 Section II. — Change of Solicitor, or Agent. 
 
 In Chancery. 
 
 (Shoii> style of cause.) 
 Required an order appointing Mr. E. F., of {Place of p^J^^ 
 IntsiTiess), as solicitor for the plaiatiff {or as may he) in client for order 
 this cause [Or, matter], in the place of Mr. L. M. 'oiidtorf under 
 
 -r\ X J f Order 49. 
 
 Dated, dtc. 
 
 To be endorsed vnth address of solicitor filing same. 
 See ante, Nos. 168-73. 
 
 In Chancery. 
 
 (Short style of cause) 
 Required an order enabling the [plaintiff, Or, defendant 993. 
 CD.] to prosecute [Or, defend] this cause [Or, matter] to acun person, 
 in person, instead of by Mr. A. B., his solicitor. soiidtortnF 
 
 Dated, &c. ^«''*- 
 
 C. D. 
 
 This praecipe is filed by the plaintiff [Or, defendant ^ 994. 
 
 _..__, ^„.f. ,, ■'. ^ f Endorsement on 
 
 C. D.] of (gimng address %n person ; where necessary, pnecipe. 
 add :) and his address for service is at (giving address : 
 see Con. Orel. 44.) 
 
 a co- 
 
 in Chancery. 
 
 (Short style of cause.) 
 Required an order enabling the plaintiff A. B. to make p^^gf fj 
 an application respecting (State what) in this ^use PM^t.^^.^.^ 
 separate from his co-plaintiffs therein, by Mr. d. ti., oi tor(and^ent) 
 (Place of business), «.s his solicitor — If so : to act by his appuS" 
 agent, Mr. L. M., of (Place of business), in place of Mr. 
 C. D. — If so : who acts by his agent, Mr. E. F. 
 
584 
 
 FOEMS OF PROCEEDINGS IN CHANCERY. 
 
 996. 
 
 Praecipe by a 
 solicitor to 
 change his 
 agent. 
 
 In Chancery. 
 
 (Short style of cause.) 
 Required an order enabling C. D., the plaintiff's solici- 
 tor, to change his agent in this cause [Or, matter], by- 
 appointing Mr. E. F., of {Place of business), as such agent, 
 in the place and stead of Mr. G. H., who has lately acted 
 as such agent. 
 
 997. 
 
 Order to change 
 solicitor. 
 
 (Formal parts : see ante, No. 338.) 
 
 It is ordered that the [plaintiflF, Or, defendant C. D.] 
 be at liberty to [prosecute, Or, defend] this suit [by Mr, 
 E. F., as his solicitor, in the place and stead of Mr. L. M.] 
 [Or, in person, instead of by Mr. A. B., as his solicitor.] 
 
 Notic??f^- In Chancery, 
 rottorr"' . (Short title.) 
 
 deoeMed-^™ Take notice, that I am now concerned as solicitor in 
 instead of client this cause [Or, matter] for the plaintiff (or as may be), in 
 ac ing in person, ^-^q place and stead of Mr. C. D., now deceased [Or, in- 
 stead of his acting in person.] 
 
 Dated this 
 
 day of 
 
 18- 
 
 E. F., of (Place of business) 
 
 To the Clerk of Records and Writs ; and to Mr. 
 G. H., the solicitor [Or, agent] for the defendant 
 (or as may be) 
 
 999. 
 
 Notice of 
 appointment of 
 an agent, 
 instead of one 
 
 In Chancery. 
 
 (Short title) 
 Take notice, that I am now appointed agent in this 
 cause [Or, matter] for Mr. A. B., of (Place of business) , 
 the solicitor therein for the plaintiff (or as may be), in the 
 place and stead of Mr. E. F, now deceased. 
 
 Dated, &c. 
 
 To , Defendant's Solicitor. G. H. 
 
 1000. 
 
 Notice by 
 solicitor, that he 
 
 newpiatatms!" this cause for A. B. and C. D., the now plaintiffs therein 
 (or as may be) 
 
 (Formal parts : see ante, No. 999.) 
 
 Take notice, that I am now concerned as solicitor in 
 
SOLICITOES— STRIKING OFF THE ROLL. 535 
 
 Section III.— StriHng of the Roll. 
 
 In Chaaicery. 
 
 „ ^, „ ^^ the matter of A. B., a solicitor in this Court. 1001. 
 lo the Honourable the Judges of the Court of Chanceiy. foSt'^be 
 i he humble petition of the above named A B struck oft the 
 of (Place of bvMiiess), ' '' """ 
 
 Showeth as follows : 
 
 \. ^P^ <*rm, 18—, youi- petitioner was duly admitted 
 
 a solicitor of this Honourable Coui-t : and he is now on the 
 roU of solicitors thereof 
 
 2. Yom- petitioner is now desirous to have his name 
 struck off the roU of solicitors of this Court. 
 
 Your petitioner therefore humbly prays, that 
 he may be struck off the roU of solicitoi-s of 
 this Honourable Court. 
 
 And your petitioner will ever pray, &c. 
 
 In Chancery. 
 
 In the matter of A. B., a solicitor in this Court. 1002. 
 
 1. the above named A. B., of (Place ofbusmess), gentle- t^ton''^ 
 man, make oath, and say as foUows : motion or 
 
 }■ In term, 18 — , I was duly admitted a solicitor of ''^''''™- 
 
 this Honourable Court. 
 
 2. I am now desirous to have my name struck off the 
 roll of solicitors of this Honourable Court. 
 
 3. No application or other proceeding is now pending in 
 this Honourable Court, or elsewhere, against me as such 
 solicitor as aforesaid ; and I do not expect or apprehend 
 that any application or proceeding will be made or taken 
 against me as such solicitor as aforesaid. 
 
 (Formal parts : see ante, iVo. 1001.) 
 
 1. In term, 18 — , the above named A. B. was 1003. 
 
 duly admitted a solicitor of this Honourable Court, and ftoiidto oslhe 
 he is now on the roll of the solicitors thereof. ''o" for non-pay- 
 
 2. The said A. B. was employed by your petitioner as (a). 
 his solicitor [show for what purpose, e. g., to collect the 
 amount due to your petitioner upon a certain mortgage 
 made by one C. D.] 
 
 3. The said A. B. accordingly took proceedings and 
 recovered the amount due upon such mortgage, amount- 
 ing to the sum of % . 
 
 (a) See 37 Vic., cap. 7, 8. 89, (0). 
 
586 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 4. On the day of , your petitioner procured 
 
 and order of this Honourable Court in the usual terms, 
 for the delivery of the said A. B.'s bill of costs against 
 your petitioner, and for the taxation of the same, and for 
 the payment by the said A. B. of any balance which 
 might appear to be due from him to your petitioner. 
 
 5. The said A. B., pursuant to the said order, delivered 
 to your petitioner his bill of costs, and the same has been 
 duly taxed, and the Master of this Honourable Court has 
 
 certified that there is a balance of $ due to your 
 
 petitioner from the said A. B. in respect of the amount 
 so recovered from the said C. D. by the said A. B. for 
 your petitioner, after deducting the said A. B.'s costs, and 
 all other sums with which the said A. B. is entitled to 
 charge your petitioner. 
 
 6. The said Master's certificate of the amount due to 
 your petitioner as aforesaid, has been duly served upon 
 the said A. B., and your petitioner has demanded pay- 
 ment of the said amount, but the said A. B., without any 
 just cause, wholly neglects and refuses to pay the same 
 to your petitioner, although the time limited by the said 
 order for payment of the said sum has elapsed. 
 
 1. Your petitioner therefore humbly prays, 
 that the said A. B. may be struck off the roll 
 of soUcitors of this Honourable Court, and may 
 be ordered to pay to your petitioner his costs of 
 this matter. 
 
 2. Or that such other order may be made in 
 the premises as to this Honourable Court shall 
 seem just. 
 
 And your petitioner will ever pray, &c. 
 
 .1003a. The allegations in the petition must be verified hy 
 rapport.^ ™ affidavit, and hy the production of the orders and certi- 
 ficates therein referred to. 
 
 Section IV. — Delivery and Taxation of Bills of Costs, 
 under Con. Sta. U. C, Chap. 35. 
 
 p™d°°byparty I^ Chancery. 
 
 tmritny "for ^^ ^^^ °i^**^^ ^^ ^- ^' gentleman, &c., &c. Required the 
 the oommoi commou Order to tax the said A. B.'s bill of fees and dis- 
 deiwered bill bursements, delivered to C. D., the day of 
 
 where applica- Dated, <fcc. 
 
 tion made ' 
 
 within a month "W "D 
 
 from delivery. ci t •, n \ ' 
 
 Solicitor for the said C. D. 
 
SOLICITORS — DELIVERY AND TAXATION OF BILLS. 587" 
 
 In Chancery. 
 
 In the matter of A. B., one of the solicitors of 1005. 
 
 io the Honom-able the Judges of the Court of Chanceiy. ?'u**"°"j''v!^'^ 
 The humble petition of the above named A. B., 
 of {Place of business), 
 
 Showeth as follows : 
 
 1. Your petitioner was employed by C. D., of {Residence 
 and addition), as his solicitor in {State, shortly, what ; as 
 thii^ :) a certain suit in this Court, in which the said C. D. 
 was plaintiff, and E. F. was defendant, and in other mat- 
 ters — Or, in certain conveyancing business, and other 
 matters, but not in any Court of Law or Equity — or as 
 may be. 
 
 2. Your petitioner transacted such business ; and on 
 
 the day of , 18 — , caused a biU of his fees, 
 
 charges and disbursements for the same, subscribed with 
 his proper handwriting {Or, enclosed in, or accompanied 
 by a letter subscribed with his proper handwriting — re- 
 ferring to such bill), to be personally delivered to the said 
 C. D. {or as Ttiay be.) 
 
 3. The said C. D. has not paid your petitioner's said' 
 bill, nor taken any steps to get the same taxed. 
 
 Your petitioner therefore humbly prays, iJiat 
 it may be referred to the Master of this Court 
 to tax and settle the said bill : with the usual 
 directions. 
 
 And your petitioner will ever pray, &c. 
 
 l"" ^^"T"^' 1 . the day of , A. D. IS—. ^ ^ 1006. 
 
 In CTiambers. ( ■' order on 
 
 ^ petition of 
 
 In the matter of . Ws deUvered 
 
 Upon the hiunble petition of the above named — , bin. 
 
 and upon hearing read the affidavit of , alleging 
 
 that the petitioner was employed by m certain 
 
 business of the said in a certain suit in this Court, 
 
 in which , and in other matters ; that the petitioner 
 
 transacted the said business ; and on the day of 
 
 caused a bill of his charges, accompanied by a letter sub- 
 scribed with his proper hand, to be to the said 
 
 ; that the said has not paid the petition- 
 er's said bm, nor taken any steps to get the same' taxed. 
 
 1. It is therefore ordered, that it be referred to the 
 Master of this Court to tax and settle the said bUl, and 
 that the petitioner and the said do- produce before 
 
•"588 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 the said Master, upon oath, as he shall direct, all deeds, 
 books, papers and writings in their custody or power, 
 respectively, relating to the matters hereby referred or 
 any of them ; and that they be examined upon oath touch- 
 ing the same matters or any of them, as the said Master 
 shall direct. 
 
 2. And it is ordered that the petitioner do give credit 
 for all sums of money by him received, of or on account 
 
 of the said , and be at liberty to charge all sums of 
 
 i money paid by him on account of the said . 
 
 3. And it is ordered that in case the said shall 
 
 attend upon such taxation, if the said bill when taxed be 
 less by a sixth part than the said bill so delivered, the 
 
 said Master do tax the costs of the said of this 
 
 reference ; and if the said bill when taxed shall not be 
 less by a sixth part than the said bill so delivered, the 
 
 ■ said Master do tax the petitioner's costs of this reference : 
 
 4. And it is ordered that the said Master do certify the 
 
 amount due from the said to the petitioner, or 
 
 from the petitioner to the said , as the case may 
 
 be, having regard to the costs of such reference if taxed 
 as aforesaid. 
 
 5. And it is ordered that the said do, within 
 
 twenty-one days after the filing of the said Master's certi- 
 ficate of such taxation, pay to the said petitioner what (if 
 anything) the said Master shall certify to be due to the 
 petitioner upon such taxation ; and upon such pa3nnent, 
 or in case the said Master shall certify that there is no- 
 thing due to the petitioner, or that he has been overpaid, 
 it is ordered that the said petitioner do deliver to the 
 
 said , upon oath, all deeds, papers and writings in 
 
 his custody or power belonging to the said and 
 
 relating to the said business ; and if it appears that the 
 said biU is overpaid, it is ordered that the said petitioner 
 do refund and repay what shall appear to have been 
 overpaid. 
 
 6. And it is ordered that no proceedings at law, or 
 ■otherwise, in respect of the said bill, be taken by the peti- 
 tioner against the said pending such reference. 
 
 7. And it is ordered that a copy of this order be per- 
 
 ;sonally served upon the said two weeks at least 
 
 before the taxation of the said bill. 
 
SOLICITORS — BELIVERY AND TAXATION OF BILLS. 
 
 589) 
 
 {Title — and address : as in No. 1005, ante^ 
 
 The humble petition of C. D., of {Residence and ad- 1007. 
 
 diti07l), Petition by party: 
 
 Showeth as follows : fdXerld ^r 
 
 1. Your petitioner employed the above named A. B., wtS^af- 
 of {Flace of business), as his solicitor in {State, shortly, mon&mde- 
 what : see ante, No. 1005.) uvery, 
 
 2. The said A. B., on the • day of , 18 , de- 
 livered to your petitioner his bUl of fees, charges and' dis- 
 bursements : which, as your petitioner is advised, contains 
 many unreasonable and extravagant charges. 
 
 3. Your petitioner submits to pay to the said A. B. 
 vsrhat shall appear to be due to him upon, the taxation of 
 his said bUl. 
 
 Your petitioner therefore humbly prays, that it 
 may be referred to the Master of this Court to 
 tax and settle the said biQ.: with all usual direc- 
 tions. And that no proceedings at law may be 
 commenced against your petitioner in respect of 
 the said bill, pending such reference. 
 
 And your petitioner wiU ever pray, &c. 
 
 In Chancery, ( , the day of , A. D. 18 — . 1008. 
 
 In Chambers. / In the matter of . Tvl^^yV^g^- 
 
 1. Upon the humble petition of , and upon hear- deiwered^biii' 
 
 ing read the affidavit of , and it appearing by the ^^'o""® *<'''°" 
 
 said affidavit that the petitioner employed the above afSapse ot 
 
 named as his solicitor, in a certain suit in this Court ddivery'°™ 
 
 in which , and in other matters ; that the said solici- 
 tor, on or about the day of , delivered unto the 
 
 petitioner his bill of fees, charge^and disbursements,.which, 
 
 the said petitioner is advised, contains many imreasonable 
 and extravagant charges. That the petitioner submits to 
 pay what shall appear to be due to the said soUcitor on 
 the taxation of his biU. 
 
 2. It is therefore ordered that it be referred to the 
 Master of this Court to tax and settle the said biU ; andi 
 that the said petitioner, and also the said solicitor, do 
 produce before the said Master, upon oath, as he shall. 
 direct, all deeds, books,, papers and writings in their cus- 
 tody or power, respectively, relating to the matters hereby 
 referred, or any of them ; and may be examined upom 
 oath touching the same matters, or any of them ; as the 
 said Master shall direct. 
 
 3. And it is ordered! that the said solicitor do' give; 
 
390 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 credit for all sums of money by him received, of or on 
 account of the petitioner, and be at liberty to charge all 
 sums of money paid by him to, or on account of, the 
 petitioner. 
 
 4. And it is ordered that if the said bill when taxed 
 be less by a sixth part than the said bill as delivered, the 
 said Master do tax the costs of the petitioner of this 
 reference, and if the said bill when taxed shall not be less 
 by a sixth part than the said bill as delivered, the said 
 Master do tax the costs of the said solicitor of such 
 reference. 
 
 5. And it is ordered that the said Master do certify 
 the amount due from the petitioner to the said solicitor, 
 or from him to the petitioner, as the case may be, having 
 regard to the costs of such reference so to be taxed as 
 aforesaid, and any sum or sums of money which may 
 have been so received or paid as aforesaid; and it is 
 ordered that the amount so to be certilBed be paid within 
 twenty-one days after the filing of the certificate of such 
 taxation, by the party liable to pay such amount. 
 
 6. And it is ordered that upon payment by the peti- 
 tioner to the solicitor of what may be certified to be 
 due to him as aforesaid, or in case it shall appear that 
 there is nothing due to him, that the said solicitor do 
 deliver to the petitioner upon oath, all deeds, papers and 
 writings in his custody or power belonging to the said 
 petitioner, and relating to the said business. 
 
 7. And it is ordered that no proceedrug at law, or other- 
 wise, be commenced against the petitioner in respect of 
 the said bill pending such reference, but the said Master 
 is to make his certificate in a month, unless the said 
 Master shall certify that further time is necessary to 
 enable him to make his certificate, or this order is to be 
 of no effect. 
 
 1009. Proceed as in No. 1005, to the end of par. 2 : aTid con- 
 
 Petition by partj' .■ .7 '' ^ ' 
 
 chargeable, to tvniM tkUS : 
 
 bm,\^to ^'^'* ^- '^^^ s^i<i ^ ^ ^^s commenced an action against your 
 action brought, petitioner in Her Majesty's Court of Queen's Bench (or as 
 may be), to recover the amount of the said bUl ; and your 
 petitioner has appeared thereto {State, shortly, the subse- 
 quent proceedA/ngs, if any). 
 
 4. Your petitioner submits to pay to the said A. B. what 
 shall appear to be due to him upon taxation of his said 
 bUI. 
 
 Your petitioner therefore humbly prays, that it 
 
SOLICITOES — DELIVERY AND TAXATION OF BILLS. 591 
 
 may be referred to the Master of this Court to 
 tax and settle the said bill : with all usual direc- 
 tions. And that all further proceedings at law- 
 may be stayed against your petitioner in respect 
 of the said bill, pending such reference. 
 And your petitioner wiU ever pray, &c. 
 
 (Formal parts : see ante, No. 1008.) 
 
 It is therefore ordered that it be referred (Direction to 1010. 
 tax bill, and dause as to the cash account, mid costs oy*d«^"»««"^ 
 reference : as in lYo. 1008, pars 2, 3 and 4). 
 
 And in case it shaJl appear that there is anything due coats ot the 
 to the said solicitor, it is ordered that the said Master do *°*'™- 
 tax the said solicitor his costs of the said action at law ; 
 and that such costs be added to the amount which shaU 
 be so found due. 
 
 And it is ordered that (Clauses as to payment of ulti- 
 mate balance : as in Ko. 1008, par. 5). 
 
 And it is ordered that the amount so to be certified be where special 
 paid accordingly : unless the Court shall, upon special clrtS'.°'°°^' 
 circumstances to be certified by the said Master, otherwise 
 order, upon application to be made within one week after 
 the date of the said Master's certificate by the party liable 
 to pay such amount. 
 
 And it is ordered that (Clause cbs to delivery up of 
 deeds, &c. : o-s in JS^o. 1008, par. 6). 
 
 And it is ordered that all further proceedings at law Action stayed. 
 against the petitioner in respect of the said bill be stayed, 
 pending such reference ; but the petitioner is to ceirry this 
 order, and the said bill of costs, into the ofiice of the said 
 
 Master on or before the day of ; and in default 
 
 thereof, the said solicitor is to be at liberty to proceed 
 with the said action at law, as if this order had not been 
 made. 
 
 And it is ordered that either party be at liberty to ^j™^™"™ 
 prosecute this order : and the said Master is to make his 
 report in a fortnight (unless the said Master shall certify 
 that further time is necessary to enable him to make his 
 report) : or this order is to be of no effect. 
 
 And in case the said Master shall not state any special ^'^j^^i^^"''*" 
 circumstance in his said report, and shall certify that there circumstance, 
 is anything due from the petitioner to the said solicitor, it 
 is ordered that the amount so certified be paid by the 
 petitioner to the said solicitor ; and in default of such 
 payment being made, the said solicitor is to be at liberty, 
 
592 
 
 Writs of 
 execution. 
 
 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 at any time after two days from the filing of the said 
 Master's report (without service of this order, or of the 
 said report), to sue out execution against the petitioner by 
 fieri facias, or otherwise, for the amount which may be 
 so certified to be due as aforesaid. 
 
 1011. {Formal parts : see ante, No. 1004.) 
 
 orto ?f Murse, Required an order directing Mr. A. B., within a fortnight 
 abirfordeii^f?; after notice thereof, to deliver to applicant a bill of all 
 ofa'biiiaBd such fees, charges and disbursements as he claims to be 
 due to him from applicant ; and referring it to the Mas- 
 ter of this Court to tax and settle the said bill : with all 
 usual directions. 
 
 Dated, &c. (Signed) A. B. {va person), 
 
 (Or, Solicitor for .) 
 
 To the Clerk of Records and Writs. 
 
 1012. 
 
 Order thereon. 
 
 (Formal parts : as in No. 1006.) 
 
 It is therefore ordered that the said solicitor do, within 
 
 a fortnight after ndtice hereof, deliver to a bill 
 
 of fees and disbursements in aU suits, causes and other 
 matters of business in which he has been employed as the 
 attorney or solicitor for the petitioner. And that it be 
 referred (Conclude as in No. 1008). (a) 
 
 1013. 
 
 Praecipe for 
 order of course, 
 by a third party 
 for taxation of 
 bUl. 
 
 (Formal parts : as in No. 1011.) 
 
 Whereas Mr. C. D. employed the above named A. B. as 
 his solicitor in and about the sale of certain land by the 
 said C. D. to applicant ; and it was part of the contract 
 of sale that applicant should bear the costs of the said 
 C. D., of making out his title to the said land, and of the 
 assurance thereof to your petitioner. 
 
 Therefore an order is required directing the said A. B. 
 (Contimue as in No. 1011, to the end of that form.) 
 
 1014. (Formal parts : a^ vn No. 1008, varyimg recital in ac- 
 otmm^,bT^^ cordance with affidavit showimg circfibrfistances under 
 SiOT'of'bui! which the petitioner is liable, e. g.) : 
 
 [That the petitioner some time since agreed to take a 
 lease of certain premises of one C, who employed the 
 above named A. B. as his solicitor to prepare such lease, 
 and the petitioner is liable to pay the said B.'s bill for 
 
 (a) The order should be endorsed with the name and address of party Issuin? same 
 See ante, Nos. 168-73. * =.«u.c. 
 
SOLICITORS — DELIVERY AND TAXATION OF BILLS. 593 
 
 preparing the same.] Recite delivery of bill, &e., as in 
 iVo. 1008, par. 1. 
 
 It is ordered, that it be referred (Direction to tax bill, 
 and costs of reference; and for production of hooks, Sc: 
 as in iVo. 1008, pars. 2 and 4.) 
 
 •5. And it is ordered that the said Master do certify the 
 amount due from the petitioner to the said solicitor : or 
 from him to the petitioner, as the case may be : having 
 regard to the costs of such reference so to be taxed as 
 aforesaid. 
 
 And it is ordered that the amount so to be certified 
 (Direction to pay : as in No. 1008, par. 5.) 
 
 And it is ordered that no proceeding (Conclyde as in 
 jS^o. 1008, par. 7, ante.) 
 
 In Chancery. 
 
 In the matter of A. B., one of the sohcitors of 1015. 
 
 ( -1 • r^ 1 Notice of motion 
 
 this OOLU-t. by a party 
 
 (Formal parts : as in No. 384.) interestedfto 
 
 1 . That on the submission of the applicant to pay wiVwherTmore 
 what, if anything, shall appear to be due to the above efrmedsinceitr 
 named A. B., of (Place of business), upon taxation of his delivery. 
 b)ill hereinafter mentioned, it may be referred to the 
 Master of this Court to tax and settle the bill of fees, 
 charges and disbiorsements, amounting to the sum of 
 $ , delivered by the said A. B. to C. D., as the trus- 
 tee \0r, executor] of the wiU \0r, administrator of the 
 personal estate] of G. H., deceased (or as may be) ; and 
 which the said C. D. has paid [Or, claims to be entitled 
 to pay] out of property in which the applicant is interested, 
 with all usual directions as to costs, and otherwise. 
 
 And take notice that on such motion will be read (<&c., 
 as in No. 382.) 
 
 (Formal parts : see ante, No. 1015.) 
 
 1. That : upon the submission of the applicant to pay ^.1016. 
 
 , -T TiT^ ^/T->7 j'l- NT. J. Motioe of motion 
 
 to the above-named A. B., of (Flace of ousvness), what for the taxation 
 shall appear to be due to him upon the taxation of his °Jter a"yLffr"m 
 bill hereinafter mentioned: it may be referred to the delivery. 
 Master of this Court to tax and settle the bill of fees, 
 charges and disbursements, amounting to the sum of 
 
 $ , deKvered on or about the day of , 18—, 
 
 to the applicant by the said A. B., as his solicitor : with 
 all usual directions. 
 38 
 
594 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 2. That no proceedings at law may be commenced 
 against the applicant in respect of the said bill, pending 
 such reference. And take notice (t&c, as in Ro. 382.) 
 
 1017. (Formal parts : see ante, No. 1015.) 
 fOT'theSon" 1. That it may be referred to the Master of this Court 
 of a paid bill, ^q ^g^^ ^nd Settle the bill of fees, charges and disburse- 
 ments, amounting to the sum of $ , dehvered by the 
 
 above-named A. B., of (Place of business), to the appli- 
 cant, and paid by the applicant to the said A. B., on or 
 
 about the day of , 18 — (or as nnay he) : with 
 
 all usual directions. 
 
 2. That in case it shall appear upon such taxation that 
 the said bill is overpaid, the said Master may be directed 
 to certify the amount overpaid ; and that in such case the 
 said A. B. may be ordered, within twenty-one days after 
 service of the order to be made hereon, and of the said 
 Master's certificate to be made in pursuance thereof, to 
 repay to the applicant what shall be certified to be the 
 amount so overpaid by him. 
 
 3. That the said Master may be at liberty to state any 
 circumstance specially, at the request of either party, as 
 he shall think fit. 
 
 4. That the costs of this application, and of the said 
 reference, may be dealt with in such manner as the Judge 
 [Or, Referee in chambers] shall think fit to direct. And 
 take notice (dsc., as in N'o. 382.) 
 
 1018. (Formal parts : see ante. No. 384.) 
 
 Kime to"dei™ On the part of the above-named A. B., that the time 
 liver biuof costs, allowed to the applicant to dehver his bill of fees, charges 
 
 and disbursements, pursuant to the order dated the 
 
 day of , 18 — , may be enlarged until the day of 
 
 , 18 — . And take notice that on such motion C<fec. 
 
 as in No. 382). 
 
TARIFF OF FEES — LOWER SCALE. 595 
 
 CHAPTER XVII. 
 
 Costs. 
 
 Section 1.— Tariff of Fees; Lower Scale—under Order 
 553. 
 
 In Chancery. 
 
 {Title of cause o- matter.) 
 
 1 hereby certify that, to the best of my judgment and 1019. 
 behef, the Tariff of fees under the Orders of this Court of te^cosT"" 
 10th September, 1869, is apphcable to this case. 6m"°''^''" 
 
 Dated, dsc. 
 
 A. B. 
 
 Solicitor for . 
 
 TARIFF. 
 
 {Referred to in Order 553.) 
 
 LOWER SCALE. 
 
 solicitor. 
 
 Instructions for suit $1 00 1020. 
 
 Instructions to defend 1 00 (^ersf^e) 
 
 Instructions for petition where no bill is filed 1 00 ^^^^"^ O'"*" 
 
 Letter of notice before instituting suit 25 
 
 Drafting biU not exceeding twenty folios, includ- 
 ing copy to keep 2 00 
 
 For every additional folio above 20, (to be allowed 
 in the discretion of the Master) including copy 
 
 to keep, per folio 20 
 
 [No greater sum than $3, to be taxed by the Master for 
 drawing any bUl, without the special direction of one of 
 the Judges of the Court upon the application of the Soli- 
 citor requiring the same, for which apphcation no charge 
 is to be made] 
 Drafting answer or other pleading, petition or special 
 
 affidavit, per folio $0 20 
 
 [No greater sum than $3, to be taxed for drawing any 
 answer, petition, or affidavit, without the special direction 
 of one of the Judges of the Court, as provided for in the 
 case of bills ; and no greater sum is to be allowed for 
 
596 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 drawing an answer, petition, or affidavit, than would have 
 been taxed irrespective of this order.] 
 Engrossed copies to file, copies to serve (other than 
 copies on which a fee is paid to the Master, 
 Clerk of Records and Writs, or Deputy Regis- 
 trar, for reading over or authenticating the 
 
 same), per folio $0 10 
 
 Copies of orders or other papers or documents re- 
 quired to be served, per folio . . . . 10 
 
 Office-copies authenticated by the Clerk of Records 
 
 and Writs, or Deputy Registrar, per foUo. . . . 08 
 Affidavits of service of biU, including attendance 
 
 to swear 1 50 
 
 Affidavits of service, including attendance to swear. 20 
 Precipe for any process, including attendance .... 25 
 Special attendance on Master's warrant or appoint- 
 ment, or on examination of witnesses, or on 
 hearing of cause or demurrer or special 
 
 motion 50 
 
 [No such fee or any other costs of, and incidental to an 
 appointment, is or are to be allowed by the Master to any 
 party, either by consent, or on any ground whatever, as 
 part of the costs of the cause, when the appointment was 
 adjourned without being proceeded on, or where no sub- 
 stantial progress with the reference was made thereon. 
 But the Master may order the payment of such costs as 
 provided for by order 213.] 
 
 When the hearing shall exceed one hour, then for 
 every additional hour which shall be occupied 
 by such hearing, and at which the Solicitor shall 
 be present in Court, provided the same be 
 noted in the Registrar's book, or be proved by 
 affidavit (such affidavit to be without charge), 
 
 the same not to exceed $2 ' $0 50 
 
 For every additional hour beyond one hour in the 
 
 Master's office 50 
 
 [For attendance in the Master's office upon a warrant 
 or appointment to hear and determine, the Master may in- 
 crease the fee for such attendance to any sum not exceed- 
 ing one dollar per hour, where, in the judgment of the 
 Master, the matters to be heard and determined are of 
 such special nature as to have required previous prepara- 
 tion, and where the Master finds that previous prepara- 
 tion has been bestowed thereupon, and that in his judg- 
 ment such increased fee is reasonable and proper under 
 the circumstances ; but no such allowance is to be made 
 for more than one day, unless the hearing is proceeded 
 
TARIFF OF FEES — LOWER SCALE. 697 
 
 with de die in dietti to the conclusion thereof ; or unless 
 such proceeding be prevented by a party other than the 
 one claiming the inci-eased allowance : and the increased 
 allowance is not to be made unless the same is noted at 
 the time in the Master's book.] 
 For every additional hour in the examination of 
 
 witnesses where no counsel employed $0 50 
 
 [The fee on the attendance of a Solicitor, where the 
 Solicitor attends in person, and no counsel is employed, 
 may in special cases be increased in the discretion of the 
 Judge, or Officer before whom the examination is had, to 
 
 • • • 1 
 
 one doUar, and where the examination occupies more than 
 
 one hour, then one dollar for every additional hour which 
 
 is so occupied, and during which the SoHcitor is present 
 
 in attendance thereupon, provided the same is noted at 
 
 the time in the Registrar's book, or in the book of the 
 
 Master, or other Officer, as the case may be.] 
 
 Attending consultations of Counsel, per hour SO 50 
 
 [No special attendance to be allowed to a solicitor on 
 
 proceedings upon which he appears also as counsel.] 
 
 Appointment to settle minutes, or to pass decree 
 
 or order, copy and service $0 50 
 
 For every hour's attendance before the Registrar 
 by his appointment, on settling minutes, the 
 same being noted by the Registrar 50 
 
 For every hour's attendance before the Registrar 
 by his appointment, on passing decree or special 
 order, the same being noted by the Registrar.. 50 
 [The fee on settling minutes and on passing decrees or 
 ■ orders may be increased in the discretion of the Registrar, 
 
 in special cases, to one doUar, where the Solicitor attends 
 
 pei-sonally on each settling or passing.] 
 
 ^Miere minutes settled, or decree or special order 
 approved of or passed between the Solicitors 
 after appointment issued by the Registrar.. . . $0 50 
 [In such case no fee to be allowed to either party as for 
 
 attendance before the Registrar in respect of the same 
 
 settling or passing.] 
 
 Fee on aU orders and writs of Court to the party 
 
 obtaining the same ^0^0 
 
 Instructions for brief 
 
 Brief, per folio, including briefing and fair copy, 
 subject to be reduced by the Master, if the 
 same contain superfluous matter or be of un- 
 necessary length '■"■i'-' y 
 
 Observations or other original matter m briet, per 
 
 foHo ■• " ^^ 
 
5d8 FOBMS OF PROCEEDINGS IN CHANCERY. 
 
 [A brief of depositions or special affidavits to be aEow- 
 ed only where fee and brief for second counsel is taxed.] 
 Drawing special minutes when prepared by the 
 
 Solicitor per folio $0 20 
 
 Advertisement for sale of real or personal estate 
 
 under the direction of the Court, including aU 
 
 copies, except for piinting 50 
 
 Copies for printing — per folio 10 
 
 Fee on conducting sale^ — including arrangements 
 
 with auctioneer, correcting proof sheets (if 
 
 any,) and attending sale 2 50 
 
 For every hour beyond three occupied at such sale 50 
 Drawing bill of costs and attending taxation 50 
 
 Drawing Judge's appointment, and attending for 
 
 his signature, and to serve 50 
 
 Every necessary attendance 25 
 
 Necessary agency letters in the course of a cause 
 
 or matter, to be allowed on taxation between 
 
 party and party, as attendances. 
 Postages — the amount actually disbursed. 
 
 [The sum allowed for copying and briefing shall be ten 
 cents per folio, except where authenticated by the Clerk 
 of Records and Writs, or read over by the Master ; but 
 the same shall not in any case exceed one half of the 
 amount allowed for drawing what shaU be so copied or 
 briefed.] 
 
 COUNSEL. 
 
 On argument in Chambers in cases proper for the 
 attendance of Counsel, to be increased at the 
 
 discretion of the Judge $1 00 
 
 On settling and signing pleadings and petitions 
 respectively; where from their special nature 
 the Master shall think the pleading or petition 
 
 a proper one to be settled by Counsel 1 00 
 
 On consultations 2 00 
 
 On special applications to the Court, arguing de- 
 murrer or other special argument, or at the 
 
 hearing of acause 5 00 
 
 [To be increased in the discretion of the Master, to a 
 sum not exceeding $20 to senior counsel, and $10 to junior 
 counsel, in suits of a special and important nature ; but 
 more than one counsel fee is not to be allowed in any 
 case not of a special and important natvire. Where two 
 counsel fees or an increased fee is allowed by a Local 
 Master, he is to forward to the Taxing Officer with the 
 bill, upon transmitting it for revision, such information as 
 
TAKIFF OF DISBURSEMENTS— LOWER SCALE. 599 
 
 may enable the Taxing Officer to judge of the propriety 
 ot the fee or fees allowed.] f i' J 
 
 MASTER. 
 
 Every summons or warrant $0 10 
 
 Administering oath, or taking affirmation 20 
 
 Marking every exhibit 10 
 
 -Drawing depositions, repoi-ts or orders, per folio . . 20 
 
 One fair copy when necessary, per folio 10 
 
 Copy of papers given out when required, per folio. 10 
 
 Every attendance upon a reference 50 
 
 For each additional hour 50 
 
 Every cei^iificate 20 
 
 Filing each paper 10 
 
 Taxing costs, including attendance 50 
 
 Making up and forwarding answers and depositions 10 
 Every special attendance out of office, within two 
 
 miles 50 
 
 Every additional mile above two 10 
 
 Reading affidavit*-per folio 02 
 
 Matter added, per folio 20 
 
 Searching files in office 10 
 
 REGISTRAR. 
 
 Drawing minutes of decree or special order — per 
 
 folio 20 
 
 Drawing decree or order — per folio 20 
 
 Entering same — per folio 10 
 
 Fee on payment of money into Court 10 
 
 Fee on payment of money out of court 10 
 
 JUDGES' SECRETARY, (ft) 
 
 On every application in Chambers (including the 
 order thereon, if made), for a decree against 
 infants, for the administration of an estate, 
 for a vesting order, for final order of foreclo- 
 sure for sale, for foreclosure after abortive 
 sale, or to extend time for payment of mort- 
 gage money *0 50 
 
 On every other application [including the order 
 
 thereon, if made] 20 
 
 For other services, the like fees as are payable to 
 the Master. 
 
 (a) This office is abolished, but the fees payable under this section are now payable 
 to the Referee in Chambers. 
 
600 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 SPECIAL EXAMINERS. 
 
 Every summons or warrant SO lO' 
 
 Administering oath, or taking affirmation 20 
 
 Marking each exhibit 20 
 
 Drawing depositions^ — per folio 20 
 
 Copy for Solicitor, when i-equired— per folio .... 10^ 
 Every attendance out of office, when, witliin two 
 
 miles . -50 
 
 Every attendance out of office above two miles, ex- 
 tra per mile 10 
 
 Every certificate 25 
 
 Making up and forwarding answers and deposi- 
 tions ; 10 
 
 Every attendance upon aii appointment, when 
 soheitor or witnesses do not attend, and ex- 
 aminer not notified 50^ 
 
 Clerk of Records and Writs, and Deputy 
 Registrars. 
 
 Entering parties' names and filing bill,4inswer or 
 
 demurrer $0 50 
 
 Entering and filing all other pleadings, interroga- 
 tories, depositions or other evidence, filing and 
 registering affidavits, exhibits or other papers 10 
 
 Entering note pro confesso 20^ 
 
 Subpoena, including filing praecipe 20 
 
 Special writ, writ of commission 50 
 
 Office copy of papers required to be given out — 
 
 per foHo 10 
 
 Examining and authenticating same, when office 
 
 copy prepared by solicitor; — every three folios 05 
 Amendment of record, when re-engrossment not 
 
 necessary — per fqlio , 10 
 
 Making up and forwarding interrogatories 10 
 
 Setting down cause other than for hearing ^ro 
 
 confesso 1 OO 
 
 [The fee payable to a deputy registrar on setting 
 down a cause for hearing to be $4.] 
 
 Setting down eause pro confesso §0 20 
 
 Certificate of pleadings being filed 20 
 
 Certificate of state of cause 20 
 
 Searching files in office 10 
 
 Sheriffs. 
 
 Receiving, filing, entering, and endorsing every 
 
 paper $o lo 
 
 Return of all process and writs except subpoenas . . 25 
 
TARIFF OF DISBURSEMENTS — HIGHER SCALE. 601 
 
 Warrant to bailiff, on writ not executed by sheriff 
 
 or deputy $0 25 
 
 Serving each office copy bill, including affidavit of 
 
 se^^^ce 50 
 
 Ser\T.ng each warrant, notice, certificate, subpoena, 
 
 or other paper 50 
 
 Writ of arrest — arrest on 1 00 
 
 Attachment — arrest on 1 00 
 
 Sequestration — upon seizure of estate and effects 
 
 under writ of sequestration 1 00 
 
 Schedule of goods taken in execution, includ- 
 ing copy for defendant, if not exceeding five 
 
 folios 50 
 
 Each foho above five 10 
 
 Removing or retaining property, reasonable or 
 
 necessary disbursements, allowance to be 
 
 made by the Master, or by order of the Court 
 
 or Judge. 
 
 Poundage upon sequestration, followed by 
 
 sale 5 per cent.. 
 
 For ser\-ices not specified — The like charges as are 
 allowed by County Court tariff" for analogous 
 service. 
 
 Section II. — Tariff of Disbursments — Higher Scale. 
 
 1. Tariff of Fees payable under Higher Scale, to the 
 Registrar, Referee in Chambers, Accountant, and 
 Clerk oj Records and Writs, under Con. Ords. 309 
 and 551, and C. S. U. C, caps. 12 cfc 33. 
 
 Registrar. 
 
 Under Con. Ord. 309, {payable in stamps). 
 
 Drawing minutes of decree or special order, per J^?^-_ 
 
 folio ^ bursements — 
 
 Drawing decree or order, per foho 20 ^'|''e|tetrarf~ 
 
 Entering same, per foUo 10 B^J^tfa^d 
 
 Fee on admission of solicitor i *^^ aid^write*"""'^ 
 
 Commission appointing Local Master or Deputy 
 
 Registrar 2 00 
 
 Attendance on appointment of guardian 50 
 
 Under C. S. U. C, c. 33, s. 6, (payable in stamps.) 
 
 On passing and entering every decree or decretal 
 
 order ^ ^" 
 
.602 fuems of peoceedikgs in chancery. 
 
 Referee in Chambers. 
 
 {Payable in stamps.) 
 
 On every application in Chambers (including the 
 order thereon, if made), for a decree against 
 infants, for the administration of an estate, 
 for the sale of an infant's estate, to declare a 
 person a lunatic, for vnterira alimony, for a 
 vesting order, for final order of foreclosure or 
 sale, for foreclosure after abortive sale, to ex- 
 tend time for payment of mortgage money, or 
 
 for taxation $1 00 
 
 On every other application (including the order 
 
 thereon, if made) 50 
 
 For other services, the like fees as are payable to 
 the Master (i. e., under tariff prescribed by 
 Order 309, which were as follow : — ) 
 
 Every summons or warrant 30 
 
 Administering oath or taking affirmation 20 
 
 Marking every exhibit 20 
 
 Drawing depositions, reports or orders, per folio . . 20 
 
 One fair copy when necessary, per folio 10 
 
 Copy of papers given out when required, per folio. 10 
 
 Every attendance upon a reference 1 00 
 
 For each additional hour 1 00 
 
 Every certificate 50 
 
 Filing each paper 10 
 
 Taxing costs, including attendance 1 00 
 
 Making up and forwarding answers and depositions 30 
 Every special attendance out of office, within two 
 
 miles 1 00 
 
 Every additional mile above two 20 
 
 Reading affidavit, per folio 02 
 
 Matter added, per folio 20 
 
 ' Searching files in office 20 
 
 Accountant. 
 
 (Payable in stamps.) 
 
 Fee on payment of money into Court $0 30 
 
 out of Court 30 
 
 Every certificate 50 
 
 -Every filing 10 
 
TARIFF OF DISBURSEMENTS— HIGHER SCALE. 
 
 Clerk of Records and Writs. 
 
 Under Con. Ords. 309 & 551 {payable in stamps). 
 
 Entering parties' names, and filing biU, answer or 
 
 demurrer (and see additional fees, below) $0 50 
 
 ii^termg and fiHng all other pleadings, interroga- 
 
 tones and depositions, or other evidence ... 20 
 
 iinrolnng order q ^q 
 
 DraAving of order, per folio 20 
 
 Entering same, when necessary, per folio 10 
 
 Entering certificate of title or conveyance, per 
 
 folio f Q JQ 
 
 Every certificate for registration {and see below) .. 50 
 Filmg and registering afiidavits, exhibits or other 
 
 ^ , paper's 10 
 
 Jiintermg note pw confesso 50 
 
 Subpoena, including filing prcecipe {and see below) 50 
 
 Special writ, writ of commission {and see below) . . 1 00 
 Office-copy of papers required to be given out, per 
 
 „ foli? 10 
 
 Examming and authenticating same, when office- 
 copy prepared by solicitor, every three folios.. 05 
 Amendment of record, when re-engrossment not 
 
 necessary, per folio 20 
 
 Making up and forwarding interrogatories 30 
 
 Setting down cause other than for hearing pro 
 
 confesso 2 00 
 
 Setting down cause pro confesso 50 
 
 Certificate of pleadings being filed {and see below, 
 
 as to Bills) 40 
 
 Certificate of state of cause 50 
 
 Searching files in office 20 
 
 Un^ler C. 8. IT. C, c. 12, s. 73, (payable in cash.) 
 
 On filing every bill, answer or demurrer 10 
 
 Under C. S. U C, c. 33, s. 6, (payable in stamps). 
 
 On filing every bill (a) 2 40 
 
 On every certificate of bill filed, on every certificate 
 of decree or decretal order made, on every sub- 
 poena, and on every other writ or certificate 
 issued under the seal of the Court 50 
 
 (a) See39Vic.,t. 7, 8. 1,(0). 
 
 603 
 
604 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 2. Tariff oj the Fees, payable under Higher Scale to the 
 Master in Ordinary, the Local Masters, the Deputy 
 Registrars, the Sheriffs, the Special Examiners, &c., 
 under Con. Ord. 615, and G. S. U. C, caps. 12 d; 33. 
 
 Sheriff. 
 
 1022. Receiving, filing, entering and endorsing every 
 
 TariflEof dis- nnnPT- $0 25 
 
 bursemonts, jJd-pei <»- ^ 
 
 Higher Scale, to Retum of all process and writs except subpcBnas... U oU 
 R^^Sr"''"'*^ Return of subpcsnas, orders, notices of motion, 
 
 ipS Simin- warrants or other papers ■■•■•••:;. ^ ^^ 
 
 "^- Warrant to bailiff on writ not executed by Snenfl 
 
 or deputy • • • • 75 
 
 Service of office-copy of bill (including affidavit 
 and oath) : stamped form of affidavit to be 
 
 furnished by solicitor 1 50 
 
 Each additional party served 50 
 
 Serving each warrant, notice, certificate, subpoena 
 
 or other paper 75 
 
 Each additional party served 50 
 
 Actual and necessary mileage from the Court House 
 to the place where service of any bill, process, 
 
 paper or proceeding is made, per mile 13 
 
 Writ of arrest, arrest on, where amount does not 
 
 exceed $200 2 00 
 
 Ditto $400 4 00 
 
 Ditto over $400 , 6 00 
 
 Mileage going to arrest when made, per mile .... 13 
 Ditto conveying party arrested from place of arrest 
 
 to the gaol, per mile 13 
 
 Attachment, arrest on (besides mileage and ex- 
 penses) 4 00 
 
 Sequestration upon seizure of estate and effects 
 
 under writ of sequestration , 4 00 
 
 Schedule of goods taken in execution (including 
 copy for defendant), if not exceeding five 
 
 folios 1 00 
 
 Each folio above five 10 
 
 Removing or retaining property, reasonable and 
 
 necessary disbursements and allowances to be 
 
 made by the Master, or by order of the Court 
 
 or Judge. 
 
 Poundage upon sequestration followed by sale (a) 
 
 (a) Where a plaintiff had obtained a decree against the defendants, by which money 
 was ordered to be paid, and on which the plaintiff issued execution and lodged it in the 
 handB of a sheiiff. After seizure under the writ, but before the money was levied, the 
 defendaut moved for and obtained leave to re-hear the cause, and a stay of the execu- 
 
TARIFF OF DISBURSEMENTS— HIGHER SCALE. 
 
 or collection, or on execution, where amount 
 made shaU not exceed $1,000, six per cent • 
 over SI ,000 but under $4,000, three per cent' 
 on whatever exceeds $1,000, in addition to the 
 poundage allowed up to $1,000. When the 
 sum is over $4,000, IJ per cent, on whatever 
 exceeds $4,000, in addition to the sum allowed 
 up to $4,000, exclusive of mileage for going 
 to seize and sell, and except all disbureemente 
 necessarily incurred in the care and removal 
 of property — to be allowed by the Master in 
 Ordinary in his discretion. 
 Executing writ of assistance (besides mileage and 
 
 expenses) |5 qo 
 
 Every search, not being by a party to a cause or 
 
 his solicitor 30 
 
 Certificate of resvdt of search — when required [a 
 search for a writ against lands of a party shall 
 include sales under writ against same party, 
 
 and for the then last six months] 75 
 
 Drawing every affidavit when necessary and pre- 
 pared by sheriff 25 
 
 Notice of appointment for ballot of jury 50 
 
 Notice to Clerk of the Peace of such appointment 50 
 
 Fee on balloting jury 5 00 
 
 Fee on striking 2 50 
 
 Serving each juror, besides mileage at 13 cents per 
 
 mile 50 
 
 Keeping and checking pay list of jurors' attendance 
 
 in each case 1 00 
 
 Every jury sworn 1 00 
 
 Coroners. 
 
 The same fees shall be taxed and allowed to 
 Coroners for services rendered by them in the ser- 
 vice, execution and return of process, as allowed to 
 Sheriffs for the same services above specified. 
 
 Crier. 
 
 Calling every case, with or without jury 60 
 
 Swearing each witness or constable 15 
 
 tion, on the terms of paying the money into Court, which was done : Seld, that the 
 sheriff, not having actually levied the money under the execution, was not entitled to 
 poundage, but to tees only for services actually rendered, to be settled by a Judge in 
 Chambers. ITinUri v. Kinggton, P. B. Sy. 1 Cham. E. 276. 
 
 605 
 
606 forms of proceedings in chancery. 
 
 Allowance to Witnesses. 
 
 To witnesses residing within three miles of the 
 
 Court House, per diem $1 00 
 
 To witnesses residing over three miles from the 
 
 Court House, per diem 1 25 
 
 Barristers and attorneys, physicians and surgeons, 
 when called upon to give evidence, in conse- 
 quence of any professional service rendered 
 by them, or to give professional opinions, per 
 diem 4 00 
 
 Engineers and surveyors, when called upon to give 
 evidence of any professional service rendered 
 by them, or to give evidence depending upon 
 their skill or ju^ment, per diem 4 00 
 
 If the witnesses attend in one cause only, they will 
 be entitled to the full allowance. 
 
 If they attend in more than one case, they will be 
 entitled to a proportionate part in each cause 
 only. 
 
 The travelling expenses of witnesses over ten miles 
 shall be allowed, according to the sums reason- 
 ably and actually paid, but in no case shall 
 exceed one shilling per mile one way. 
 
 Master. 
 
 {Payable in stamps to Master in Ordinary, but in cash 
 to Local Masters.) 
 
 Filing and entering decree in Master's book $0 20 
 
 Every summons, warrant or appointment 50 
 
 Administering oath or taking affirmation 20 
 
 Marking every exhibit 20 
 
 Drawing depositions, reports or orders, per folio.. . 20 
 
 Fair copy, per folio (when necessary) 10 
 
 Copy of papers given out when required, per folio. 10 
 
 Every attendanee upon a reference 1 50 
 
 For each additional hour 1 50 
 
 Fee on report signed (only one to be allowed in 
 
 each suit) 2 00 
 
 Every certificate, if not longer than two folios .... 50 
 
 For each folio over two 20 
 
 Filing each paper 10 
 
 Taxing costs, per hour i qo 
 
 Making up and forwarding depositions, bills of 
 
 costs and proceedings in Master's office 50 
 
TARIFF OF DISBURSEMENTS — HIGHER SCALE. 607i' 
 
 Every special attendance out of office within two 
 
 miles $2 00 
 
 Every additional mile above two 20 
 
 Eveiy attendance on application to a Master in 
 
 Chambei-s 1 00 
 
 Searching files in office, same allowance as to 
 Deputy Registrar. 
 
 Special Examiner. 
 
 {Payable in cash.) 
 
 Every appointment $0 50 
 
 Administering oath or taking affirmation 20 
 
 Marking every exhibit 20 
 
 Taking depositions, per hour 1 50 
 
 Fair copy for solicitor, per folio (when required). . 10 
 Every attendance out of office when within two 
 
 miles 2 00 
 
 Every attendance over two miles out of office — ex- 
 tra per mile 20 
 
 Every certificate 50 
 
 Making up and forwarding answers, depositions, 
 
 fee, including filing praecipe 50 
 
 Every attendance upon an appointment, when 
 solicitor or witnesses do not attend, and exa- 
 miner not previously notified 1 00 
 
 Deputy Registrar. 
 
 {Payable in cash.) 
 
 Entering parties' names and filing bills (and see 
 
 additional fees below) 50 
 
 Filing answer or demurrer 050' 
 
 Entering and filing all other pleadings, affidavits on 
 production, interrogatories, and depositions or 
 
 other evidence n ? n 
 
 Filing other papers n ^'■ 
 
 Entering note,pro confesso _ • (o 
 
 Subpoena, including filing praecipe (see additional 
 
 fee below) " ^J^ 
 
 Fi.fas. and other writs • • ■ .• ■ ;!^ ^n 
 
 Copy of papers required to be given out, per tolio. W 
 
 Examining and authenticating same, ^ when office ^ ^^ 
 
 copy prepared by sohcitor, every 6 tolios 
 Amendment of record when re-engrossment not 
 necessary, per folio 
 
 20' 
 
&08 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 Forwarding papers from Deputy lEegistrar's office, 
 
 incln rling bills of COSts $0 50 
 
 Setting down a cause for hearing 8 00 
 
 Certificate, if not more than. 2 folios (a)... 50 
 
 JFor each additional folio 20 
 
 Searching files in office (if within one year) 20 
 
 Over one year and within two years 30 
 
 Every search over two years, or a general search in 
 
 one cause 50 
 
 Marking every exhibit produced on the examina- 
 tion of witnesses 20 
 
 Swearing each witness 20 
 
 Taking account on praecipe decree 1 00 
 
 Taxing. costs on same. ... ...;.... 1 00 
 
 Attending on opening commission- ■ 1 00 
 
 Stamping affidavit of service in each suit. ...... . 10 
 
 Attending on inspection, of doquments produced, 
 
 with affidavits on production, per hour 1 00 
 
 Under C. S. U. C. cap. 1, s. 73, {payable in cash.) 
 
 On filing every bill, answer or demurrer... $0 10 
 
 ( Under C. S. U. G. cap.^ 33, s. 6, payable in stamps.) 
 
 On filing every bill ............:... $2 40 
 
 On every certificate of bill filed " 
 
 On every certificate, of ' decree or decretal order 
 
 made .' 
 
 On every subpoena 
 
 And on every other writ or certificate issued under 
 
 the seal of the Court 
 
 On passing and entering every decree " 1 00 
 
 Short-hand Reporter. 
 
 On the certificate of the Judge before whom the exami- 
 nation of a witness or witnesses takes place, the Master 
 may allow, on taxatibh, a reasonahle sum for the expense 
 of a short-hand reporter. 
 
 ^0 50 
 
 3. Tariff of Fees payable to the Referees and Inspector 
 of Titles under Qdieting Titles Act. See Con; Ords. 
 , 512, 513, 514, 516, {payable in stamps to officers in 
 Toronto, hut in cash to Local Referees) 
 
 1023. For every deed in the chain of title, other than 
 
 TanfE of dis- i.- n ^ ±. ^ 
 
 burscments ^ ^ Satisfied mortgages $0 50 
 
 (a) (As to certificates lis pendens and certificates of decree, &c.! see below for 
 iditionilfeea.) 
 
 under Q. T. Act. 
 
TARIFF OF FEES— HIGHER SCALE. 609 
 
 For proceedings occasioned by any defects in the 
 
 proof of title which shall be mentioned in the 
 
 Keteree s memorandum, referred to in Ord 503 
 
 the same fees as ai-e payable to the Master in 
 
 respect of similai- proceedings insults (a) 
 io Referee who prepares certificate of title, for 
 
 di-awing and engrossing same in duphcate (h). $4 00 
 i* or proceedings in contested cases, occasioned by 
 
 *u ^''^*®^*'' *^® ^^^ fees as are payable to 
 
 the Master for the like proceedings in suits (a) 
 ior entering petition with the Inspector of Titles, 
 ♦ and for coiTespondence, examination of titled 
 
 drawing and engi-ossing certificate or convey- 
 ance, and for every other matter or thing done 
 
 by him under the petition 8 00 
 
 (For fees payable to Clerk of Records and Wnts, see 
 ante, p. 603.) 
 
 4. Tariff of Solicitors' and Counsel fees under Higher 
 Scale referred to in Order 608. 
 
 Counsel. 
 
 On argument in Chambers, in cases proper for the 1024. 
 
 attendance of counsel (to be increased in the ''^'^ "' soiki- 
 
 discretion of the Master or Referee not beyond feM, ffighe™™°' 
 
 $10, to be marked at the time) $2 00 l"^imt" 
 
 Fee on settling pleadings, petitions, revivors, repli- 
 cations (when special), and advisiug whether 
 cause should be heard on bill and answer, or 
 on motion for decree, or set down for examin- 
 ation and hearing, and advising on evidence 
 (to be increased in the discretion of the Master 
 to not exceeding $10) 2 00 
 
 On special appUcations to the Court, only to be in- 
 creased in the discretion of the Master in 
 ordinary 5 00 
 
 Arguing demurrer or other special argument, or at 
 the hearing of the cause, only to be increased 
 in the discretion of the Master in ordinary ... 10 00 
 
 Fee on drawing and settling allegations ia praecipe 
 for revivor in special cases, proper for the 
 opinion of counsel (to be increased in the dis- 
 cretion of the Master to not exceeding $5). ... 2 00 
 
 (a) Semble, these fees are payable according: to the old tariff. See ante, p. 602, under 
 head of Fees payable to the Referee in Chambers. 
 
 (6) This fee only appears to be payable when the title is referred for investigation to 
 the Referee of Titles in Toronto. 
 
 39 
 
®10 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 Fee to be allowed on settling special affidavits used 
 in. Court (to be increased at the discretion of 
 the Master to a sum not exceeding $5) $2 00 
 
 On special and important points, and matters re- 
 quiring the attendance of counsel, the Master, 
 Special Examiner, or Referee may, in lieu of 
 the fees for attendance, allow a counsel fee 
 when coimsel attend the same, to be noted at 
 the time. 
 
 Fee on consultations 5 00 
 
 Instructions. * 
 
 Instructions for suit, or to defend, in mortgage or 
 
 other ordinary suits or matters 3 00 
 
 In special suits or matters 4 00 
 
 For petition, or to oppose petition, when no bill 
 
 filed 2 00 
 
 To be increased in special cases in Master's discre- 
 tion to a sum not exceeding 4 00 
 
 For such important step or proceeding in the suit 
 as the Master is satisfied warrants such a 
 charge 2 00 
 
 For special affidavits when allowed by the Master. 1 00 
 
 Instructions for brief 1 00 
 
 Pleadings. 
 
 Drafting bill not exceeding 20 folios, including 
 
 copy to keep 4 00 
 
 For every additional foHo above 20, to be allowed 
 
 in the discretion of the Master 20 
 
 Drafting answer or other pleading, petition or pro- 
 ceeding, per folio 20 
 
 Fee to plaintiffs solicitor perusing answer 1 00 
 
 Affidavits. 
 
 Drafting affidavits, per folio 20 
 
 Affidavit of service, including attendance to swear, 
 
 copy and oath j 00 
 
 Perusing copies of affidavits filed or served by the 
 
 opposite party, per folio 05 
 
 Copies. 
 
 Engrossed copies to file, copies to serve, per folio . . 10- 
 Copies of order or other documents required to be 
 
 served, per folio q iq, 
 
tariff of fees — higher scale. 611 
 
 Briefs. 
 
 Brief, per folio, including briefing and fair copy of 
 pleadings, depositions, affidavits and neces- 
 sary documents, subject to be reduced by the 
 Master if the same contain superfluous matter 
 or be of unnecessary length, or if the dates 
 thereof be omitted $0 10' 
 
 Observations or other original matter in brief, per 
 
 folio 2Qi 
 
 Orders. 
 
 Drawing special minutes, per folio, prepared by the 
 
 solicitor 20 
 
 Appointment to settle or pass decree or order, copy 
 
 and service 80 
 
 [When served on more than one party, the extra 
 
 copies and services are to be allowed.] 
 For every hour's attendance before the Registrar 
 
 or Referee, by his appointment, on setthng 
 
 minutes, or passing decree or order, if noted 
 
 by the Registrar or Referee, or otherwise 
 
 proved 1 00 
 
 The fee on settling minutes and passing decree or 
 
 order may be increased in the discretion of 
 
 the Registrar or Referee in special cases to a 
 
 sum not exceeding $5, where the solicitor 
 
 attends personally on such setthng or passing. 
 
 When the minutes are settled, or decrees or 
 
 orders passed between the soHcitors, the Mas- 
 ter shall have the same discretion as the 
 
 Registrar or Referee, as to the amount to be 
 
 allowed. Fee on all decrees and orders to 
 
 the party obtaining the same 1 00 
 
 Fee on prcecipe decree 4 00 
 
 Process. 
 
 Prcecipe for any process, including attendance with 70 
 Fee on all writs to the party obtaining the same. . 1 00 
 
 Sales. 
 
 Drawing advertisement for the sale of real or per- 
 sonal estate under the direction of the Court, 
 includit^ aU copies except for pnntmg 2 W 
 
612 FOEMS OF PROCEEDINGS IN CHANCERY. 
 
 And for each folio over five, per folio $0 20 
 
 [To be increased in the discretion of the Master 
 to a sum not exceeding $10 when special 
 information has been procured for the pur- 
 pose of the sale.] 
 
 Copies for printing, per foKo 10 
 
 Attending and making arrangement with auc- 
 tioneer 1 00 
 
 Each attendance on printer 60 
 
 Revising proof 1 00 
 
 Fee on conducting sale when held where solicitor 
 
 resides 5 00 
 
 Pee on conducting sale, besides all necessary travel- 
 ling expenses where solicitor attends with the 
 approval of the Master previously given .... 10 00 
 If the soj^citor is engaged for more than three 
 
 hours, for every hour beyond that time 1 00 
 
 If the sale occupies more than one day, the Master 
 may allow to him, in addition to his travelling 
 expenses, per diem, a sum not exceeding .... 20 00 
 "The Master may also allow to one other party to 
 the suit his fees and expenses for attending 
 sales, if in his opinion it is necessary or proper 
 that he should attend. 
 
 Attendances. 
 
 Attendance on Master's warrant or appointment, 
 or before a Special Examiner, or Referee, on 
 examination of witnesses, per hour 1 00 
 
 To be increased in the discretion of the Master to 2 00 
 
 JOn special and important points and matters re- 
 quiring the attendance of counsel, the Master, 
 or Special Examiner or Referee, may, in lieu of 
 the fees for attendance, allow a counsel fee, 
 when counsel attend the same, to be noted at 
 the time.] 
 
 Solicitor's attendance in Court, on hearing of cause, 
 demurrers, or special motions, for each hour 
 occupied in the hearing thereof 2 00 
 
 Attending consultations of counsel, per hour, where 
 the Master is satisfied such attendance is bene- 
 ficial to the client 2 00 
 
 Attendance on taxation, per hour 1 00 
 
 [On revision of taxation the same fees are to be 
 allowed as on taxation.] 
 
 Every necessary attendance 50 
 
TARIFF OF FEES — HIGHER SCALE. 61S 
 
 Attending to make each copy of bill, not exceeding 
 
 five, an office copy $0 50 
 
 Letters. 
 
 Letter to each defendant before suit 50 
 
 Common letters in suit, each 50 
 
 Common letter between solicitor and client 50 
 
 With power to the Master in both cases to increase 
 
 the fee for special letters to an amount not 
 
 exceeding 2 00 
 
 [No letter is to be allowed unless the Master is 
 
 satisfied of its necessity.] 
 Necessary agency letters in the course of a cause 
 
 or matter to be allowed on taxation between 
 
 party and party as necessary attendances. 
 Postages, the amount actually disbursed. 
 
 Miscellaneous. 
 
 Drawing bill of costs, including copy to keep, per 
 
 folio 20 
 
 Copy to serve, per folio 10 
 
 Statement of issues in Master's office, when re- 
 quired by the Master 2 00 
 
 And for each folio over five, per folio 20 
 
 Fee thereon, in the discretion of the Master 2 00 
 
 Where it has been satisfactorily proved that pro- 
 ceedings have been taken by sohcitors out of 
 Court to expedite proceedings, save costs, or 
 compromise suits, an allowance is to be made 
 therefor in the discretion of the Master in 
 Ordinary. 
 
 Drawing Judge's appointment, and attendance for 
 
 his signature, and to serve 1 00 
 
 When served on more than one party, the extra 
 copies and services to be allowed. 
 
 1025. 
 
 Section 111.— Tariff of Fees and Disbursements in ^^^^^ -,-(-;„ 
 SupTem£ Court of Canada, under Schedules C. and supreme coun 
 D. to Rules of Supreme Court. 
 
 Schedule C. 
 
 On entering every appeal • ■ • • -$10 00 (J^^^ "™- 
 
 On entering every judgment, decree or order in the 
 
 nature of a final judgment 10 00 
 
 On entering everj- other judgment, decree or order 2 00 
 
i6!l4 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 In other matters the fees shall be regulated by thfe 
 tariff in force in the Exchequer Court of Canada in 
 actions of the first class, and in every case not thereby 
 provided for, the fees to be paid shall be in the dis- 
 cretion of the Registrar, subject to revision by the Court 
 or a Judge. 
 
 Schedule D. 
 
 (2) Feestocoun- Tariff of Fees to be taxed between party and party in the 
 »^^«d soiici- Swprerm Court of Canada. 
 
 On special case required by section 29 of the Act, 
 when prepared and agreed upon by the parties 
 to the cause, including attendance on the 
 Judge to settle the same if necessary, to each 
 party $25 00 
 
 Notice of appeal 4 00 
 
 On consent to appeal directly to the Supreme 
 
 Court from the Court of original jurisdiction. . 3 00 
 
 Notice of giving security 2 00 
 
 Attendance on giving security 3 00 
 
 On motion to quash proceedings under section 37, 
 according to the discretion of the Registrar, 
 
 to 25 00 
 
 Subject to be increased by order of the Court or 
 of a Judge. 
 
 On factums, in the discretion of the Registrar, to . . 50 00 
 Subject to be increased by order of the Court or 
 of a Judge. 
 
 Printed case, per folio of 100 words, including 
 correcting, superintending printing and all 
 attendances ' 30 
 
 On dis;missal of appeal if case be not proceeded 
 
 with, in the discretion of the Registrar, to . . 25 00 
 Subject to be increased by order of the Court or 
 of a Judge. 
 
 Suggestions, under sections 42, 43, 44, including 
 
 copy and service 2 50 
 
 Notice of intention to continue proceedings under 
 
 section 45 4 00 
 
 On depositing money under section 48 in contro- 
 verted election cases 2 50 
 
 Notice of .appeal in election cases, limiting the 
 appeal to special and defined questions under 
 section 48 6 00 
 
 Allowance to cover all fees to attorney and counsel 
 for the hearing of the appeal, in the discretion 
 of the RegistraiL_ta '. aoa^Aft 
 
QUIETING OF TITLES. 615 
 
 Subject to be increased by oixier of the Court or 
 of a Judge. 
 On printing factums, the same fees as in printing 
 the case. 
 Besides the Registrai-'s fees, reasonable charges for 
 postages and disbursements necessai-ily incurred in pro- 
 ceedings in appeal, will be taxed by the Taxing Officer. 
 
 CHAPTER XVIII. 
 
 Quieting of Titles — 29 Vic, c. 25 — 1865. 
 
 As to the Petition. 
 
 In the heading the lands should be shortly described, 
 to avoid expense in advertising, but a loose indefinite 
 description, as " part of lot 2," without saying what part, 
 is to be avoided. If the land is, and for some time past 
 has been, in the occupation of any person, it may some- 
 times be proper to state, " now and for some time past 
 
 occupied by ." So also, if it adjoin any well-known 
 
 farm or house, or has been long occupied by a well-known 
 individual or Company, or a Bank, it may be advisable 
 to say that it so adjoins on the north, or as the case may 
 be. In the body of the Petition, however, the descrip- 
 tion should be as certain as a conveyance, both to identify 
 the whole land claimed with the County Registrar's cer- 
 tificate, and in order that the Certificate of Titles may 
 follow it, and for Registry purposes. For the same rea- 
 sons also the Petition should properly describe the estate 
 or interest claimed in the land. Moreover, with a view 
 to notice, it is important that the Petition should be 
 correct, for the Petition and the notice under it should 
 not be for a larger interest than the petitioner has, as for 
 instance, for a fee simple absolute, when the estate is a 
 fee tail, or liable to be defeated by an executory devise 
 over. In short, the petition should be so framed as that 
 the Judge can grant what is therein prayed for. 
 
 In the following forms some of the cases put come 
 under the 2nd section of the Act. 
 
 A mortgage in fee outstanding and unsatisfied will not 
 prevent the application of the Act, but the consent of the 
 mortgagee should be obtained, or he should be served with 
 notice under the Act. 
 
 If an applicant find a difficulty in describing his inte- 
 
616 
 
 FORMS OF PROCEEDINGS IN CHANCEBY. 
 
 rest by reason of the informality of any instrument, he 
 may have to set out the material parts of it verbatim, 
 and claim under it. 
 
 1026. 
 
 Petition under 
 the Quieting 
 Titles Act. 
 
 Petition under Quieting Title Act. 
 
 In Chancery. 
 
 In the matter of (see remarks above.) 
 To the Honourable the Judges of the Court of Chancery. 
 
 The petition of , of , showeth : 
 
 1. That your petitioner is absolute owner in fee simple 
 in possession {or, as the case muy be) of the following pro- 
 perty (describing it with precision.) 
 
 Or, if the estate be a present one,liable to be defeated by an 
 executory devise over, or by limitations by way of shifting 
 use contained in a deed, say, your petitioner is tenant in 
 fee simple, in possession [or as the case may be) of the 
 following property (describing it), determinable on 
 (set out the event whereon the devise over takes effect, 
 or the use shifts, and referring to the instrument) ; 
 or, if the estate be not in possession, (a) but a future 
 estate dependent on the determination of a prior estate 
 by eooecutory devise or shifting use, say, your peti- 
 tioner is tenant in fee simple in' reversion or remainder 
 (or as the case may be) of the following property, &c., de- 
 pendent and to take effect in possession on [setting out 
 the event and the instrument ; or say, on the determina- 
 tion of the estate thereby devised or granted to, &c. If 
 the event has happened whereon the devise over takes e^ect, 
 or the use shifts, and is eaoecuted in possession, then ctai/m 
 as in an ordinary case of an absolute estate in possession. 
 In the case of an estate tail, the issue in tail may have 
 been barred, hut not those in remainder or reversion, in 
 which case the applicant may claim that he " is entitled 
 to a base fee," or, " is tenant in tail entitled to a base 
 fee," according to the fact, "within the meaning of 
 the Consolidated Statute of Upper Canada, chapter 
 83." If neither issue in tail, or remainderman, or re- 
 versioner, have been barred, then claim " as actual tenant 
 in tail within the meaning," cfcc. If the petitioner 
 clavms a term of years renewable from time to tims in 
 perpetuity or otherwise, state, is tenant for a term of 
 years expiring on , created by and subject to the 
 
 (a) The fact of an adverse claimant being in possession will prevent the investigation 
 of the title until he shall have been ejected. Re Uulholland, 18 Grt. 62S ■ Re Sell S 
 Chy. Ch. R. 266. ' ' 
 
QUIETING OF TITLES. 
 
 provisoes, rents, conditions, covenants and agreements 
 contained m a certain Indenture between, &c., — — dated 
 
 T :i ~7~ '■^i«*^i"^^i -^c., renewable as in the said 
 
 Indentui-e specified.] 
 
 2. That there is no charge or other incumbrance affecting 
 your petitioner s title to the said land [except an annuity 
 
 to — - under the will of , Or, under an Indenture 
 
 dated , between, frc, , Or, a Mortgage dated 
 
 between Or, the lien of (a) as a Vendor for 
 
 purchase money]. 
 
 (If the ir)ci(mbra7ices he rtiany, it will be better to name 
 tliem in the Schednle, as authorized by the Statutory 
 form, rather than embody them in the petition. 
 
 In cme any charges or incumbrances, apparently ex- 
 isting, be not admitted, so that the petitioner is not wil- 
 ling to take a certificate subject thereto, and the petitioner 
 denies the same, or claims paramount or adversely there- 
 to, then the petition ivill be varied, and such charges, &c 
 will be set out as in the Statutoi'y form "That the only 
 persons claiming to have any claim or title upon, or to, 
 the said lands advei-se to your petitioner are," dr. ' ThuJ, 
 if a petitioner is willing to take a certificate subject to an 
 incumbrance, he excepts it; if, however, lie claims ad- 
 versely to it, as, for instance, contending that the incum- 
 brance is barred hy time or by payment, and by pre- 
 sumption of reconveyance or otherwise, he sets forth the 
 incumbrance as in tlie form, and those claiming under 
 it ivill be regarded as adverse claimants, and on proper 
 proceedings, and notice to them, they will be barred. 
 
 If the names of parties having any estate or interest 
 cannot he ascertained, as in case of absent heirs, it will 
 suffice to de.fcribe them by nomen collectivum as the heirs 
 at law of, <&c.) 
 
 Your petitioner therefore prays that his title to 
 the said land may be investigated and declared 
 under " the Act for Quieting Titles to Real Estate 
 in Upper Canada." 
 
 (Signed) A. B. Or, C. D. 
 
 Solicitor for A, B. 
 
 Mem. 1. The petition is to be signeil by applicant or 
 his solicitor ; and a memorandum of address should be 
 endorsed on the petition, so that the acting Referee may 
 communicate with the petitioner or his solicitor by mail, 
 if necessary. 
 
 (nj See 29 Vic, cap. 26, sees. 1, 2, 3, and SchedllJe A. 
 
 617' 
 
618 FORMS OF PKOCEEDINGS IN CHANCERY. 
 
 2. If the title is to be investigated by a local Master, the 
 petition must be endorsed thus : " To be referred to the 
 
 Master at , and to Mr. S , Inspector of 
 
 Titles." Gen. Ord. 495. Where no such memorandum is 
 endorsed, the petition is referred to the Referee in Toronto. 
 Ord. 496. 
 
 If the petitioner desires, he can refer the petition at 
 once to the Toronto Eeferee, without the intervention of 
 any local Master. 
 
 3. Where a local Master is selected as a Referee, the 
 petition must be sent to the Inspector of Titles at Toronto, 
 for entry, before filing. See Ord. 497. 
 
 After the petition has been entered "with the Inspector, 
 it is then to be filed in the ©ffice of the Clerk of Records 
 ■and Writs, who issues the certificate of its filing for 
 registration. 
 
 Certificate of filvng of Petition for Registration. 
 1027. In Chancery. 
 
 'Certificate of tt c-i t 
 filing petition for [L, S, 1 
 
 regis ra ion. j certify that an application has been made by A. B., 
 
 of , yeoman, to the Court of Chancery, under the 
 
 Act for Quieting Titles to Real Estate in Upper Canada, 
 for a certificate of title to the following lands {describing 
 them, as set out in the body of the petition.) 
 
 A. H., 
 
 Clerk of Records and Writs. 
 
 Registrar's Certificate under s. 3, sub-sec. 3, of the Act. 
 
 1028. I, , Registrar (or Deputy Registrar) of , 
 
 tiflcateTnder' Certify that the foregoing are true extracts of aU the 
 of thlA^.°°' ^' instruments or proceedings registered in the Registry 
 
 Office for affecting the {describe the lands in the 
 
 sa/me manner as they will require to be set forth i/ti Cer- 
 tificate of Title) (a). 
 
 (Signed) . 
 
 Mem. — -As to the necessity of this certificate, see sec. 5, 
 sub-sees. 1, 2 and 3 of the Act. This certificate must be 
 
 (a) The Registrar must necessarily specify the land to which his certificate relates 
 with particularity, and hence it will be seen that this is one reason why the petition 
 . must also do so, otherwise thcj petition and Registrar's certificate would not be identical. 
 
QUIETING TITLES — AFFIDAVIT OF PETITIONER. 619 
 
 obtained after the registiy of the certificate of the filine 
 ■ot the petition. 
 
 In case a prior certificate or abstract has been given 
 the following foi-m may be used : — 
 
 I certify that no instruments or proceedings have been 
 
 registered in the Registry Office of up to this 
 
 date, affecting the (describe land), except as above men- 
 tioned, and except the following, which are registered 
 since the dat« of the above certificate. 
 
 1029. 
 
 Affidavit of Petitioner in mpport of Petition. 
 
 In Chanceiy. 
 
 In the matter of (describe lands as in the title 
 
 of the petition.) Affidavit of 
 
 ■ T ■^ p ,, . . . petitioner. 
 
 ^- , 01 , the petitioner in this matter, 
 
 make oath and say : — 
 
 1. To the best of my knowledge and belief, I am the 
 absolute owner in fee simple in possession (or as the case 
 may be, following the vords of the petition) of the follow- 
 ing lands (describing them), being the lands mentioned in 
 the petition in this matter. 
 
 2. There is no charge or other incumbrance affecting 
 my title to the said land [except, stating any incwm- 
 hrances which may exist.] 
 
 3. I am not aware of the existence of any claim ad- 
 verse to or inconsistent with my OAvn to any part of the 
 land claimed by me, or to any interest therein [except, 
 specify tlie adverse claim, if any, giving the name and 
 addre-^.'i of the claimant, if knoivn, and stating how the 
 claim arises.] 
 
 ■i. The deeds and evidences of title which I produce in 
 support of my appKcation herein, and of which a fist is 
 contained in the schedule of particulars produced by me 
 in support thereof (a), and now shown to me, and marked 
 with the letter A, are all the title deeds and evidences of 
 title relating to the said land which are in my possession 
 or power. 
 
 5. The title deeds and evidences of title relating to the 
 said land which are set out or mentioned in the schedule 
 hereto marked as Exhibit B., are in the possession or 
 power of , of (name of the person). 
 
 6. I do not know where, or in whose possession or 
 
 (a) Th« Commiaaioncr administering the affldarit should identify the schedule as 
 xaatS. 
 
620 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 power the title deeds and evidences of title set out as 
 mentioned in the schedule hereto marked as Exhibit U. 
 are. For the said last-mentioned title deeds and evidences 
 of title I have caused the following searches to be made, 
 namely {set out the facts, showmg sufficient to let in secon- 
 dary evidennce). 
 
 7. I am [or John Doe, yeoman, is — show under what 
 claim or title] (a) in possession of the land ; and to the 
 best of my knowledge possession has always accompamed 
 
 the title under which I claim (a) since the year , in 
 
 which year one , through whom I claim took pos- 
 session, and prior thereto the land was in a state of 
 nature. (If possession has not always accompanied the 
 title under which the petitioner claims, state correctly the 
 facts as to the actual possession.) 
 
 Or if the applicant cannot give a complete account as 
 to possession, or can give none at all, let him show some 
 sufficient reason therefor. 
 
 8. To the best of my knowledge, information and be- 
 lief, this affidavit and the other papers produced here- 
 with in support of my petition, and which are set forth 
 in the said schedule of particulars, fuUy and fairly disclose 
 all facts material to my title, and all contracts and deal- 
 ings which affect the same or any part thereof, or give 
 any right as against me. 
 
 9. There are no arrears of taxes due upon the said 
 lands, nor have the said lands, or any part thereof, been 
 sold for taxes during the past year, nor under execution 
 during the past six months, and I do not know of any 
 writs of execution in the hands of the sheriff against me, 
 or affecting the said lands. 
 
 10. To the best of my knowledge and belief, no person 
 or body corporate has any right of way, or of entry, or of 
 damming back water, or of overflowing, or of placing or 
 maintaining any erection, or of preventing the placing 
 or maintaining, any erection, on, in, to or over the said 
 lands, other than myself [except, giving the names 
 and addresses, if possible, of any parties having any 
 easement or right, and state the nature thereof], and the 
 
 (a) See Ord. 501 . It will generally suffice to go back 20 years only as to possession 
 going: with the title. —Where possession does not accompany the right of possession, 
 and some other than the person claiming has heen in possession without or against the 
 assent of the claimants or of any one through whom he claims, suspicion at once arises 
 that such occupant had some claim or title. — Possession indeed ia ^ma/acie evidence 
 of seizin in fee — the applicants, therefore, must displace any possession except under 
 the chain of title j and if any has existed, account for it, and remove the suspicion 
 which will otherwise exist in the mind of the Referee. Unless satisfactorily accounted 
 for, it is probable that the Referee would require notice of the application to be given to 
 the occupant, — Adverse posBession at the time of applying will prevent the title being 
 investigated under the Statute, until the adverse occupant shall have been ejected. R» 
 HulhoUand, 18 Qrt. 528. 
 
QUIETING TITLES— CERTIFICATE OF COUNSEL. 021 
 
 said land is not subject to any easement or dominant 
 right whatever [except as aforesaid]. 
 
 11. I am mai-ried, and the name of my wife is 
 
 (or I am not maiTied). 
 
 In Chancer}-. 
 
 In the matter (as to heading see ante, No. 1026). loao. 
 
 Z 7"-— I. > of (Barrister oi- Attorney at ™"'Ji?'*?' 
 
 Law), hereby certify that as (Counsel or Solicitor) for "STee.an^ds. 
 — — m this matter, I have investigated his title set L?."'*'"^'""'' 
 forth m his petition, and I beheve him to be the owner 
 of the estate which he claims in the petition [subject only 
 to the chai-ges and incumbrances therein set forth]. 
 
 I further certify that I have conferred with the appU- 
 c<mt on the subject of the vai-ious matters set forth in his 
 affidavit in support of his petition, and believe the same 
 to he true (a). 
 
 (Everything prodnced must be enumerated in the 1031. 
 Seheduk, and shortly tJierein described; and on eachlSSl^l^iir 
 deed, Tnerrwrial, affidavit, Ac, produced, aho\dd be en-^^^^^"^^^^ 
 dorsed an alphabetical letter, and the same letter should 
 appear in the schedule, opposite to each). 
 In Chancery. 
 
 In the matter of . 
 
 Schedide of Particulars. 
 
 1, A, Affidavit of John Doe. 
 
 2, B, Conveyance, Brown to Jones, dated 
 
 3, C, Letter, Jones to Robinson, dated 
 
 4, D, Probate Robinson's WiU. 
 
 {Petitioner to sign schedule, and Comm^ission^r to iden- 
 tify it in the usital way, as it is an exhibit, and referred 
 to as such in the affidavit of applicant). 
 
 Treasuker's Office, Co. of York, 1032. 
 
 Toronto, Ontario, day of , 18 — . certmoatoof 
 
 ' ' «/ ' payment of 
 
 I certify that no charge for arrears of taxes appears at QuietinjTitiM 
 the date hereof in the books in this office against [Lot No. ■*"'■ 
 27, in the first concession of the Township of Vaughan]. 
 
 (a) The Counsel or Solicitor is of course not bound by the petition, and if any claim or 
 oh&rge or material fact or matter exists not set forth in the petition, he should mention 
 it. — The petitioner in such case should reconsider the petition. The certificate should 
 not be dated before the affidavit of the petitioner has been sworn. 
 
622 
 
 FORMS OF PKOCEEDINGS IN CHANCERY. 
 
 And I certify that the return of lands in the Township 
 of Vaughan in arrears for taxes for the year 18 — has. 
 been made to this office, and I further certify that the 
 said land has not nor has any part thereof been sold for 
 taxes for eighteen months preceding the date hereof. 
 
 A. B., Treasurer. 
 
 If the Roll has not been carried in for the year preced- 
 ing the date of the certificate, a si/milar certificate for the 
 past year must be signed by the Township TreasureT, if 
 the B.0II has been returned to him ; and if the Roll has 
 not been returned to him, a receipt for the taxes for the 
 past year by the collector of taoces will bi sufficient, but 
 the County Treasurer's certificate will be required to show 
 that there are no previous arrears oj taooes. 
 
 The certificate should bear date after the day of regis- 
 tering the certificate of the filing of the petition. 
 
 Sheriff's Office, 
 
 1033. 
 
 Sheriff's 
 certificate as to 
 executions, 
 under Quieting 
 Titles Act. 
 
 Toronto, 
 County of York. 
 
 I hereby certify that I have not at the date hereof in 
 my office any writ of execution in against the lands of 
 A. B., C. D., E. F., or any or either of them, and that I 
 have not had any such writ for thirty days preceding the 
 date hereof. 
 
 I further certify that I have not sold lot No. 27, in the 
 first concession of Vaughan, in the County of York, under 
 any writ of execution for six months preceding the date 
 hereof. 
 
 A. B., Sherif. 
 
 Dated the day of , 18 — . 
 
 Note. — The Court allows the Sheriff 30 cents for each 
 search, and 75 cents for the certificate, in which all the 
 nam£S are to be inserted. 
 
 The certificate should bear date after the day of regis- 
 tering the certificate of the filing of the petition. 
 
 1034. 
 
 AffldaTit of 
 Crown debts, 
 under Quieting 
 Titles Act. 
 
 In Chancery. 
 
 In the matter of, &c. (see ante, ]!fo. 1026.) 
 
 I, A. B., of , make oath and say, that I have 
 
 carefully searched the Register in the office of the Clerk 
 of the Court of Queen's Bench, at Toronto, and I say that 
 
QXHETING TITLES — AFFIDAVIT PROVING POSSESSION. 
 
 there has not been registered therein any deed, bond, 
 contract or other instrument, whereby any debt, obliga- 
 tion or duty, was incurred or created to Her Majesty on 
 the part of Henry Thomas, the petitioner in this matter,, 
 or on the part of C. D., E. F., &c., (a) [save and except the- 
 several bonds or instruments named, and set forth in the- 
 Schedule hereunder written.] 
 
 The Schedule above refen^ed to. 
 
 Q1^\ 
 
 No. of 
 Instrument. 
 
 Date of 
 Instrument. 
 
 Instnmient. 
 
 Penal Sum. 
 
 Name of 
 obligor. 
 
 For what purpose ■ 
 executed. 
 
 7906 
 8111 
 
 29th May, 1847 
 26th Jan., 1860 
 
 Bond. 
 Bond. 
 
 £600 
 £1000 
 
 [CD. 
 E. F. 
 
 Surety for A. B., 
 Customs Officer, 
 or, Division Court 
 Clerk, or otter 
 OUcer. 
 
 The like. 
 
 {Formed parts : see ante, iVo. 1029.) in<iK 
 
 1. Show deponent's knowledge of land in question, and Affldl^^roTing. 
 length of titne he has known same. possession. 
 
 2. Show who have been in possession of same, and for 
 what periods respectively. 
 
 3. Shxnv in what mxinner possession was lield by the 
 several persons named, e. g. as by living on, or by culti- 
 vating the land, and that the possession of each party 
 named extended to the whole of the land in question ; or 
 if it did not, then particularising the portions respectively 
 held by them. 
 
 4. Show whether land is fenced in, and how long it has 
 been so fenced ; and if it be only partially fenced, show 
 what part is fenced, and how possession has been held of 
 unfenced portion. 
 
 In Chancery. 
 
 In the matter of (b). 
 
 Notice is hereby given, that John Thomas of the_^Gity ^^^iDSe:;^ 
 of Toronto Esquire, has made an application to the oourt ^ i2_ Quieting 
 of ChanceiV for a Certificate of Title to the above men- ^NoSTofv 
 tioned property, under " The Act for Quieting Titles to iser. 
 
 (o) Here name all persons who have had any estate in the land. . 
 r "'^.T'l.SiJ^l^^^a^mh tCo 43; Xo^ debis thereaiter incurred 
 no We^ bL^?§^al>r^trobUgor'rth^^^^^^^ ^d sec 36 V. e. 6; s. 6 (O), as to 
 
 *^^S%«« "pi^^^JSe "ij^Smlf rsleTrri04. He is not hound hy the 
 hfSdi^ gi^"rthrpSn2r in his petition, if he thinks it does-not sufficently pve 
 nS[« I) «)e world, and he should act accordmgly. 
 
'624 
 
 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 Real Estate in Upper Canada," and has produced evi- 
 dence, whereby he appears to be the owner thereof in fee, 
 free from all incumbrances (except, stating the incum- 
 brances, if any) (the interest of the petitioner should be de- 
 scribed, as it will be set out in the Certificate of Title) ; 
 wherefore, any other person, having or pretending to have 
 any title to or interest in the said land or any part there- 
 of, is required, on or before day, the day of 
 
 now next ensuing, to file a statement of his claim verified 
 
 by affidavit in my office at , and to serve a copy 
 
 on the said John Thomas, or on , of , his Solicitor, 
 
 at his office in the City of London (or elsewhere as may 
 be), and in default every such claim will be barred, and 
 the title of the said John Thomas become absolute and 
 indefeasible at Law and in Equity, subject only to the 
 reservations mentioned in the I7th section of the said 
 Act therein mentioned, numbered one, two, three and 
 four [and to the following charges and incumbrances.] 
 Dated this day of , 18 — . 
 
 (Signed) 
 
 Referee of Titles. 
 
 1036a. 
 
 "Referee's 
 direction for 
 advertising, etc., 
 to be endorsed. 
 
 To be inserted in the Canada Gazette on the 1st day of 
 
 next, and in the on the 8th and 23rd days of 
 
 the same month, or on the day of publication in the week 
 ending nearest to those days, and to be put up and con- 
 tinued on the door of the Court House of the County, and 
 in some conspicuous place in the Post Office nearest to the 
 lands. (See Order 504.) 
 
 1037. In Chancery 
 
 ' Consent by 
 
 person appearing 
 
 io have an 
 ■ adverse claim. 
 
 In the matter of (as in petition) 
 
 I, _ . of , yeoman, do hereby consent that a 
 
 Certificate of Title be granted to John Thomas, of 
 
 Esquire, declaring him to be the owner of the above men- 
 tioned lands, free from any right or claim on my part 
 thereto [save and except only my rights as mortgagee 
 
 under a certain indenture of mortgage dated the day 
 
 of , and made by the said John Thomas to me for 
 
 securing $2,000 and interest, as therein mentioned.] 
 
 Dated . 
 
 Witness. (Signed) C. D. 
 
ANALYSIS OP TITLE BY MASTER, ETC. 
 
 In Chancery. 
 
 No. 1. Petition filed 1 
 June, 1857. 
 
 2. Affidavit of peti- 
 
 tioner. 
 
 3. Schedule of Papers. 
 
 4. Certificate of Solici- 
 
 tor. 
 
 5. Registrar's Ab- 
 stract. 
 
 6. Sheriffs Certificate. 
 
 7. Treasurer's Certifi- 
 
 cate. 
 
 8. Statement of facts. 
 
 9. Affidavit as to Cr, 
 Debts. (Set out 
 any other Afida- 
 vits as to posses- 
 sion, dower, <&c.) 
 
 In Re John Thomas, Petitioner. 
 
 Eeferee's Notes (a). 
 Date of receipt by Referee. 
 
 625 
 
 1038. 
 
 Analysis of 
 Title by Master 
 or acting 
 Referee. 
 
 Instruments 
 OF Conveyance. 
 
 B. 
 
 6th April, 1797. 
 The Crown to Peter 
 Lee, in fee. 
 
 28th April, 1845 
 Timothy Hespeler to 
 David Scott, in fee. 
 
 Paragraph 5 defective. 
 
 Must be signed by petitioner, and 
 marked as Exhibit by Commis- 
 sioner. 
 
 Must be carried dovra to registra- 
 tion of Certificate that petition 
 is filed. 
 
 No Writs of Execution, and no 
 sales under execution. 
 
 No taxes or sales for taxes. Roll 
 returned. 
 
 This must specify the purpose for 
 which the Bonds were executed. 
 
 Notes. 
 
 Original not produced ; a certified 
 copy must be obtained and pro- 
 duced before the papers are laid 
 before the Inspector. 
 
 The title must be deduced from 
 the Patentee to the first gran- 
 tor, sayHespeler, and possession 
 must be shewn in Hespeler and 
 the subsequent owners. If the 
 deed was executed by Attorney, 
 the power must be proved, and 
 Hespeler must be shown to be 
 living when the deed was exe- 
 cuted under the power, and that 
 he was not married, or that his 
 wife's dower was barred. 
 
 (o) These notes are for the purpose of drawing the Referee's attention to the proof 
 required. 
 
 40 
 
626 
 
 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 Instruments 
 OF Conveyance. 
 
 C. 
 CO, 
 
 D. 
 
 E. 
 F. 
 
 EE, 
 G. 
 
 H. 
 
 I. 
 
 K. 
 
 David Scott to Tim 
 othy Hespeler. 
 29th Jwne, 1867. 
 
 Timothy ■ Hespeler 
 to John Thomas, 
 petitioner. 
 10th Jwm, 1845. 
 
 David Scott to Sam- 
 uel Reed, in fee. 
 
 SatM, date. 
 
 Reed et ux. to David 
 Scott. 
 1st June, 1846. 
 
 Reed devised to Ross 
 and others, as 
 trustees, with 
 power to sell. 
 
 2nd February, 1847 
 
 David Scott to Ro- 
 bert Cathcart, As- 
 signment. 
 
 Zrd February, 1847. 
 
 Ross and others, 
 
 trustees, sell and 
 
 convey to Andrew 
 
 Gray, in fee. 
 
 Sarnie date. 
 
 Gray et ux. to Ross 
 and others. 
 
 27il^Decem6er,1849. 
 
 Ross and others to 
 
 Andrew Gray. 
 
 2nth April, 1850. 
 
 Gray et ux. to John 
 Thomas, the Peti- 
 tioner, in fee. 
 
 Notes. 
 
 Redeemable. 
 
 {Means that it was a mortgage.) 
 
 See below K. 
 
 Was Scott married ? If so, the 
 dower of the wife must be 
 shewn to be extinct, or it must 
 be barred. 
 
 Redeemable. 
 
 If mortgage be discharged, certi- 
 fied copy of discharge must be 
 produced. 
 
 Deeds are not produced ; they 
 1 must be so, or good cause 
 '' shewn. 
 
 Redeemable. 
 
ANALYSIS OF TITLE BY MASTER, ETC. 
 
 The following is a jurtherform, the first column givinq 
 the dates and parties, the second the remarks and defects 
 and m third shoiving how chared up or disposed of. 
 It miU be found advisable to write across a foolscap sheet 
 so as to give sufficient space, and to allow more space for 
 the second and third than for the first column 
 
 627 
 
 Partiks, Dates, &c. 
 
 Ist January^ 1840. 
 
 A. Copy of Patent to John Doe, 
 
 in fee. 
 
 GthJaiutary, 1S4I, 
 
 B. Devise in fee, John Doe to 
 
 Richard Roe. 
 
 IQth June, 1850. 
 
 C. Certified copy by R^istrar 
 
 of Memorial, Richard Roe 
 to John Dunn, in fee, 
 signed by grantor, and of 
 aflSdavit of execution. 
 
 Ist June, 1S60. 
 
 D. Robert Doe to John Dunn, 
 
 in fee — Confirmation of 
 devise. 
 
 Defects, Remarks. 
 
 How Disposed of. 
 
 Not certified as copy. 
 
 Attestation clause does not 
 show how will executed 
 
 No evidence of proper search 
 for original instrument 
 
 1039. 
 
 Another form of 
 Analysis. 
 
 Certified copy produced. 
 
 Heir at law has executed 
 confirmation.— See Deed D. 
 
 Affidavits oJ A. B. and C. D. 
 of proper search. 
 
 In Chancery. 
 
 In the matter of 
 
 1040. 
 
 Take notice, that John Doe, of the City of Toronto, fon app^reX 
 Ijjsqmre, hath made an application to the Court of Chan- j,"Sf' ?'*■ ^••^* 
 eery for a certificate of his title to the above mentioned Act,"and"order^' 
 property, under " The Act for Quieting Titles to Real ^"^^ 
 Estate in Upper Canada ;" and take notice, that if you 
 claim any interest therein, you must lodge your claim in 
 writing, verified by affidavit, stating the particulars 
 
 thereof, at my Chambers, in , on or before the 
 
 day of now next ensuing, and serve a copy on 
 
 the said John Doe (give address), or Eichard Roe, his 
 soKcitor, at his office in (give address), and, in default 
 thereof, any claim, right or interest you may have 
 therein at law or in equity will be for ever barred and 
 extinguished. 
 
 This notice is served on you because (give briefly the 
 reason why notice is served, e. g.) from the evidence 
 adduced before me it appears that you claim to be en- 
 titled to the said land, as heir at law of C. D., of , 
 
 deceased, whereas the said John Doe claims to be entitled 
 
028 
 
 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 to the said lands, free from any claim whatever on youi 
 part. 
 
 Dated this day of , 18 — . 
 
 Referee of Titles. 
 To {name the parties to be served, with their addresses.) 
 
 1041. 
 
 Adverse claim 
 under Quieting 
 Titles Act, s. 19 
 
 In Chancery. 
 
 In the matter of (as i/n the petition.) 
 
 A. B., of (occupation), claims to be owner of 
 
 the said lands (or of part of the sand lands) described as 
 follows : — (State briefly the nature of the damn, and the 
 grounds of it.) (a) 
 
 Dated . (Signed) A. B. 
 
 Or, C. D., Solicitor for A. B. (give address) 
 
 This should he filed with the affidavit required by Sec- 
 tion 20, with the Referee to whom the petition is referred. 
 It is advisable at the foot to add the Post Office address of 
 the party, or his solicitor, by whom it is filed. 
 
 1042. 
 
 Affidavit verify- 
 ing adverse 
 claim, s. 20, 
 Quieting Titles 
 Act. 
 
 In Chancery. 
 
 In the matter of (as in the petition.) 
 
 I, A. B., of , make oath and say, that to the 
 
 best of my knowledge and belief, I am the owner of the 
 estate (or interest) which is claimed by me in my notice 
 of claim in this matter, (b) now produced to me marked 
 with the letter A., subject only to, tfcc. (as the case 
 may be.) 
 
 Memorandum of finding of Master on defective proofs 
 of Title, under Order 503, to be delivered to the Peti- 
 tioner or his Solicitor: 
 
 1043. In Chancery. 
 SS'aT^ In the matter of Lot, <&c., &c. 
 
 undef o^/ms!' I ^^7^ perused this Title, and I find the proofs thereof 
 defective in the following particulars (set them forth 
 shortly, in some such form, as the following :) — 
 
 1. The dower of Mary, the wife of James Harris, does 
 not appear to be eifectually barred, she not having exe- 
 cuted the deed. 
 
 (o) The claim can be framed from the form of claim of an applicant. See form of 
 petition, ante, No. 1026. 
 (h) This should be referred to as an exhibit, and marked by the Commissioner 
 
MEMORANDUM OF MASTER OV DEFECTS IN PROOFS, ETC. 629 
 
 2. No receipt for consideration money is endorsed on 
 deed from Jones to Smith, nor is there any acknowledg- 
 ment of its receipt in the deed. 
 
 3. The dischai'ge of the mortgage to Henry Brock is 
 not produced. 
 
 4. There is no evidence that Isaac Brock was living 
 when his conveyance by attorney to John Johnson was 
 executed. 
 
 5. The will of Thomas Brock has not been produced. 
 
 6. It is not shown that John Ross was not married 
 when he conveyed. 
 
 7. The estate descended to Mary, the wife of John 
 Gray, as heiress of Thomas Gray, who became the wiie 
 of John Brigham. She conveyed, and the husband did 
 not join ; by this conveyance nothing passed ; if the 
 husband be living, a new conveyance must be obtained ; 
 or if she be dead, her heirs or devisees (if any) must 
 convey, and the husband, if living, must release his tenancy 
 by the curtesy. 
 
 8. The will of Abraham Oldham does not seem to pass 
 a fee, but to create an estate tail, and this must be barred. 
 (See Con. Stat. C. 83.) 
 
 9. There is no proof of the heirship of Joseph Styles. 
 
 A. B., 
 3rd January, 18 — . Referee. 
 
 1044. 
 
 Form of Certificate where Petitioner entitled to Legal 
 Estate. 
 
 In Chancery. No. Fon„-oj-certifi 
 
 These are to certify, under the authority of the Act ca°™ftitfe 
 for Quieting Titles to Real Estate in Upper Canada, that J^tutSS'tr" 
 
 , of , in the County of , and Province legai estate. 
 
 of Ontario [Esquire], is the legal and beneficial owner in 
 fee simple in possession of {describing lands) ; subject to 
 the reservations mentioned in the seventeenth section of 
 the said Act, and therein numbered respectively one, 
 two, three and four. 
 
 And to the taxes payable, or to become payable, m 
 respect of the said parcel of land for the current year. 
 
 [And subject, also, to the rights, if any, of , 
 
 the wife of the said , to dower in or out of the 
 
 said parcel of land, in the event of her survivmg her 
 said husband.] 
 
 [And subject, also, to the rights of , as lessee, 
 
 under an indenture of lease dated the day of , 
 
 and made between .] 
 
630 
 
 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 [And subject, also, to the rights, if any, of "Her Ma- 
 jesty, in respect of the bond mentioned and set forth in 
 the Schedule hereunto annexed.] 
 
 [And subject, also, to the rights of , under an 
 
 agreement for the purchase of the said parcel of land, 
 dated the day of .] 
 
 But free from all other rights, interests, claims and 
 demands whatever. 
 
 the Honourable 
 
 In witness whereof, _ _ 
 [Chancellor, Or, one of the Vice-Chancellors, 
 
 of 
 
 the said Court] has hereunto set his hand, and the 
 seal of the said Court has been hereunto affixed, 
 this day of , one thousand eight hundred 
 
 and seventy 
 
 A. G., 
 
 Registrar. 
 
 S, 
 
 H. B., 
 V. C. 
 
 [L. S.] 
 
 1045. 
 
 Form ol cer- 
 tificate of title 
 where legal 
 estate is out- 
 standing. 
 
 Form of Certificate of Title where Legal Estate out- 
 
 standmig. 
 In Chancery. No. 
 
 These are to certify, under the authority of the Act 
 for Quieting Titles to Real Estate in Upper Canada, that^ 
 
 , of , in the County of , and Province 
 
 of Ontario (lumber merchant), is the beneficial owner in 
 fee simple in possession of (describing lands) ; subject to 
 the reservations mentioned in the seventeenth section of 
 the said Act, and therein numbered respectively one, 
 two, three and four. 
 
 And to the taxes payable, or to become payable, in 
 respect of the said parcel of land for the current year. 
 
 [And subject, also, to a certain indenture of bargain 
 
 and sale, by way of mortgage, dated the day of 
 
 , one thousand eight hundred and , and made 
 
 between , for securing the payment of and 
 
 interest thereon, at the rate, and payable at the days and 
 times therein mentioned.] 
 
 [And subject, also, to the rights, if any, of , 
 
 the wife of the said , to dower in or out of the said 
 
 parcel of land, in the event of her surviving her said hus- 
 band.] 
 
 [And subject, also, to the rights of , as lessee, 
 
 under an indenture of lease dated the day of , 
 
 and made between , of , and , of 
 
 [And subject, also, to the rights, if any, of Her 
 
FORM OF CHANCKRY DEED. 631 
 
 Majesty, in respect of the bond mentioned and set forth 
 in the Schedule hereunto annexed.] 
 
 [And subject, also, to the rights of , under an 
 
 agreement for the purchase of the said parcel of land, 
 dated the day of .] 
 
 But free from all other rights, interests, claims and 
 demands whatever.] 
 
 And these are further to certify, that the legal 
 ownership or estate in fee simple of and in the said parcel 
 
 of land was conveyed to the said by the said 
 
 indenture of the day of .] 
 
 In witness whereof, the Honourable , 
 
 Chancellor of the said Court, has hereunto set his 
 hand, and the seal of the said Court has hereunto 
 
 been affixed, this day of , one thousand 
 
 eight hundred and seventy 
 
 Form, of Chancery Deed, under sees. 33 and 34. 
 In Chancery. No. i046. 
 
 Form of ChaH- 
 
 The Court of Chancery for Ontario, under the authority eery deed under 
 of the Act for Quieting Titles to Real Estate in Upper ^^'^' 
 Canada, doth hereby grant unto A. B., &ic. (here describe 
 the premises sold), to hold the same unto the said A. B., 
 his heirs and assigns for ever (as the case may he), sub- 
 ject to the reservations mentioned in the seventeenth 
 section of the said Act, and therein numbered respectively 
 one, two, three and four, and to (specifying, either by 
 reference to a schedule or otherwise, any of the other 
 charges or incumbrances, exceptions or qualifications to 
 which the title of A. B. is subject), but free from all other 
 rights, interests, claims and demands whatever. 
 
 In witness whereof, [Chancellor, Or, one of the 
 
 Yice-Chancellors of the said Court] has hereunto set his 
 hand, and the seal of the said Court has been hereto set 
 this day of , in the year of our Lord . 
 
 A.G., J.G.S., 
 
 Registrar. C. [L. S.] 
 
632 
 
 1047. 
 
 CoBtB of peti- 
 tioner under 
 Quieting Titles 
 Act. 
 
 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 This bill of costs is iatended merely to serve as a guide 
 to the profession, and that in simple cases only. 
 
 In Chancery. 
 
 In the matter of lot No. 9, in the 3rd Concession of 
 the Township of Oro. 
 
 The Petitioner's costs in obtaining Certificate. 
 
 Instructions for petition $4 00 
 
 Drawing petition, per folio 20 
 
 Copy to file, per folio 10 
 
 Attending to enter petition with Inspector where 
 
 necessary 50 
 
 Paid his fees 8 00 
 
 Attending to file petition with Clerk of Records 
 
 and Writs 50 
 
 Paid filing 10 
 
 Attending to bespeak, and for certificate for regis- 
 tration 1 00 
 
 Paid for same 1 10 
 
 Attending to register 50 
 
 Paid Registrar 
 
 Attending Registrar to bespeak, and for Abstract 
 of Deeds and copies of Memorials of such as are 
 
 not held by Petitioner 1 00 
 
 Paid Registrar's fees 
 
 Attending Sheriff for Certificates. 1 00 
 
 Paid Sheriff. 
 
 Attending to search for Crown debts against Crown 
 
 debtors 
 
 For each search 50 
 
 Paid Clerk of Queen's Bench for each search 50 
 
 For every necessary Affidavit as to Crown debts, 
 dower, possession, loss of deeds, or other mat- 
 ter in support of Title, per fo 20 
 
 Engrossing each, per fo 10 
 
 Attending to swear, for each, 50 cents, paid 20 
 
 cents 
 
 Attending County Treasurer for Certificate Taxes. 1 00 
 
 Paid for same 
 
 The like on Township Treasurer, where necessary. 50 
 
 The like on Collector, where necessary 50 
 
 Drawing Petitioner's Affidavit and copy, per folio.. 20 
 
 Attending to swear, 50 cents, paid 20 cents 70 
 
 Drawing state of facts, where necessary: see Statute, 
 
 sec. 5, sub-sec. 4, per folio 20 
 
COSTS OF PETITIONER UNDER QUIETING TITLES ACT. 633 
 
 Copy tihereof, per folio $0 10 
 
 Drawing Schedule of Deeds and papers, per folio. . 20 
 
 Copy for Referee 10 
 
 Drawing Certificate of Solicitor or Counsel as to 
 
 state of title and fee thereon 2 00 
 
 (To be increased accoi'ding to the nature of the case.) 
 Attending Referee with deeds and papers, and com- 
 paring same with Schedule 1 00 
 
 Attending Referee for advertisement and notice for 
 
 service on pai-ties who may have claims 50 
 
 Paid for same 
 
 Copy of advertisement for Gazette 30 
 
 Writing with and forwai'ding 50 
 
 Paid for insertion and for Gazettes 
 
 Copies for local newspaper and letter therewith, if 
 
 ordered by Referee 80 
 
 Copy to affix to Court House door 30 
 
 Paid affixing 
 
 Copy to be affixed in Post Office 30 
 
 Paid getting same affixed 
 
 Affidavit as to insertion in Gazette, local news- 
 paper, and as to affixing same on Court House 
 
 door and at Post Office, each 50 
 
 Attending to swear, each 50 
 
 Paid swearing and Exhibits 
 
 Copy notice to serve on each party [as directed] . . 30 
 
 Attending Sheriff with same to serve 50 
 
 Paid Sheriff, service and for mileage, 13 cents per 
 
 mile ■ 
 
 Affidavit of service on each party, 40 cents, and 
 
 oath and Exhibit _ 
 
 Attending to file affidavits with Referee oO 
 
 Attending Referee when satisfied with Title to for- 
 ward papers to Inspector 
 
 Letter to Agent to wait upon Inspector • oU 
 
 Paid Agent attending Inspector when title passed, 
 
 and to bespeak and for certificate 1 0*^ 
 
 Paid engrossing certificate in duphcate 
 
 Attending compare engrossment " ^" 
 
 Attending Inspector with " ^" 
 
 Attending for, when signed • • • • ■ • • • •• • 
 
 Attending Qerk of Records and Writs with, tor ^ ^^ 
 
 entry n. kq 
 
 Attending him therefor 
 
 Paid his fees r. ka 
 
 Paid Agent's letter forwarding 
 
634 FORMS OF PROCEEDINGS IN CHANCERY. 
 
 Attending Comity Registrar with certificate for re- 
 gistration $0^ 50 
 
 Paid his fees bichvbo' 
 
 Attending for same when registered 50 
 
 Paid postages throughout the matter 
 
 Bill of costs and copy, per folio 30 
 
 For Tariff of disbursements : see ante, No. 1023. 
 
INDEX. 
 
 l^.B.— The reffn-ences are to the Nos., not to the pages.} 
 
 ABATEMENT. See Revivok— Dismissai of Bills — Notice of ■ 
 . „„ Motion (Fm-im of). 
 
 ABSCONDING DEFENDANT. See Arrest. 
 ABSTRACT OF TITLE— 
 abstract, 952. 
 
 answers to objections to, 956. 
 certificate of master of sufficiency of, 958. 
 demand of, 951. 
 notice to be endorsed on, 953. 
 notice to vendors' solicitor to verify, 959. 
 notice by vendors' solicitor of readiness to verify, 960. 
 notice by vendors to purchaser, after verification, 961. 
 objections to sufficiency of, 954 ; notice endorsed, 955. 
 objections and requisitions to title, 962 ; notice endorsed, 963.. 
 supplemental, 957. 
 ACCEPTANCE. 
 
 of service of bill by solicitor, 191. 
 ACCOUNT— ACCOUNTS. 
 
 answer referring to, 135, 136, 137. 
 answer refusing, 139. 
 bill for, 31, 32, 43, 49, 50, 52, 53, 82. 
 
 executors' or trustees', 901-2 ; affidavits verifying, 899, 903-908, 
 filing, notice of, 909. 
 
 investigation of, accountant's affidavit as to, 929. 
 mortgagee's, 925, 926. 
 notice of filing, 909. 
 receiver's, 638 ; affidavit verifying, 637. 
 ACCOUNTANT. 
 
 affidavit of, verifying investigation of accounts, 929. 
 ACKNOWLEDGMENT. 
 
 of receipt of office copy decree served by mailing, 918 ; affidavit veri- 
 fying, 919. 
 ACTION AT LAW. See Injunction— Receivbb. 
 ADDRESS. 
 
 of biUs, 2. 
 ADDRESS FOR SERVICE, 
 notice of, 172, 173. 
 
 name and address of solicitor, or party, on pleadings, . 
 writs and other proceedings, 168-173.. 
 notice of change, 174. 
 ADMINISTRATION. 
 
 bill for, 39, 40, 60, 87. 
 decree, notice of to creditor, 577. 
 
 notice of motion for, 757 ; affidavit in support, 758-761. 
 notice of, to creditor proceeding at law, 577 . 
 order for, 345. 
 
 restraining proceeding by creditor pending, notice of motion for, . 
 763. 
 
636 INDEX. 
 
 ADMINISTRATOR. 
 
 of deceased mortgagee, bill by, 85. 
 ADVERTISEMENT. See Quieting Titles Act. 
 for claimants, 893. 
 for creditors, 867. 
 
 of sale, 936 ; Master's directions for publication, 936a. 
 affidavit rerifying description of property in, 937. 
 as to mode of lotting, 938. 
 publication of, affidavit proving, 948. 
 ADMISSIONS. 
 
 in answer, 140-141. 
 of documents, 241. 
 of facts, form of, 228, 229, 241. 
 ADMIT. 
 
 affidavit of refusal to, 242. 
 notice to, 240 ; admission, 241. 
 
 affidavit of service of, 242. 
 AFFIDAVITS. See Affidavits of Execution. 
 " " Sbkvice. 
 
 " IN Support of Motions. 
 
 accounts, of 'joint executors or trustees, proving, 899. 
 of sole executor or trustee, proving, 904. 
 supplemental, proving, 903. 
 accountant's, of result of investigation of accounts of partnership, 
 
 929. 
 advertisement of sale, proving publication of, 948. 
 and affirmation, 317. 
 age, proving, 667. 
 
 agent of mortgagee, for final order, 686. 
 alive, proving person to be, 666. 
 auctioneer, fitness of, &c., 939. 
 auctioneer's, of result of sale, 947. 
 award, publication of, 836. 
 bank certificate, verifying, 683. 
 bill of exchange, proving claim on, 874. 
 bond debt, proving claim on, 872. 
 
 securing annuity, proving claim on, 873. 
 casting up accounts, proving, 648. 
 check, proving claim on, 876. 
 
 claims of creditors, as to those sent in under Ord. 480. , 880. 
 schedule thereto, 88] . 
 non-receipt of, 869. 
 ■ collusion, denying, in interpleader suit, 63-67. 
 consent of proposed trustees, -veiifying, 739. 
 contract of purchaser, verifying, 949. 
 correspondence, verifying, 246. 
 
 . creditors' claims, proving, 870-8 ; of non-receipt of, 869. 
 debts, answering enquiries as to, 880. 
 defective, consent to filing, 319. 
 
 ( description of land for advertisement, verifying, 937. 
 discovery, bill of, to annex to, 99, 100. 
 disbursements, 333. 
 
 eligibility of proposed new trustees, 737. 
 encumbrances on shares of beneficiaries, proving, 896. 
 execution creditor, proving claim of, 928. 
 
 of deeds, &c. See Affidavits op Execution. 
 : executor of deceased executor, negativing receipt of personal estate 
 of original testator, 908. 
 
INDEX. ggi? 
 
 AFFIDAVITS— (Continued). 
 
 executors or trustees as to incumbrances on shares of beneficiaries,, 
 
 as to claims of creditors sent in, 880. 
 
 as to non-receipt of creditors' claims, 869. 
 
 (jomt), verifying accounts, 899; schedules^ 
 
 thereto, 900 ; accounts, 901-2. 
 (sole), verifying accounts, 904, 907. 
 -,. ^. , (joint), of non.receipt of rents, 906. 
 
 fihng, notice of, 185, 320. 
 final order, for, 684-5.- 
 fitness of auctioneer, 939. 
 
 of proposed committee of lunatic, 808. 
 of proposed receiver, 624. 
 of proposed trustee, 737. 
 foreclosure, mortgagee's for, 684-5, 923-4. 
 formal parts of, 300-1. 
 
 heirs or next of kin, answering enquiries as to, 894. 
 joint, 301. 
 
 judgment debt, pioving claim on, 870. 
 jurats to, 302-314. 
 justification by sureties to appeal bond, of, 849. 
 
 to receiver's reco^zance, 626. 
 legacies, answering enquiries as to, '899. 
 legatees, as to incumbrances by, 895. 
 lotting property for sale, for, 938. 
 lunacy, for declaration of, 803^8. 
 mortgage debt, proving, , 871. 
 mortgagee, for final order, 684r-5. 
 
 not in possession, 923 ; in possession, 924. 
 next of kin, answering enquiry as to, 894. 
 new trustees, proving fitness of, 737, 931. 
 
 consent to act, verifying, 739. 
 notice of filing, 185, 320. 
 notice of reading, 321. 
 
 payment into Court, for, proving amount due, 647-9. 
 payment out of Court, for, to surviving personal representative,. 
 662-4. 
 to wife of fund under $600, or annual pay- 
 ments less than f50, for, 660, 661. 
 personal representative to prove debt due to estate, 878. 
 personal estate, verifying account of, 899, 904. 
 production on, 536-8 ; notice of motion for further time to file, 
 
 545. 
 promissory note, proving claim on, 875. 
 publication of advertisement of sale, proving, 948. 
 quieting titles. See Quieting Titles Act. 
 receive?s accounts, verifying, 637-8. 
 receiver, fitness of, proving, 624. 
 
 receiver, value of property as to which appointed, 623. 
 rents and profits, ver&ying account of, by executor and trustee, 
 
 899, 904; by mortgagee, 924. 
 reserved bid, to fix, 940. 
 residue of fund, proving, 661. 
 service. See Affidavits of Sbkvice. 
 short-hand notes, verifying. 247. 
 simple contract debt, proving, 877. 
 submission to arbitration,, proving execution of, 828. 
 
•■638 INDEX. 
 
 AFFIDAVITS— (Com^iwitedj. 
 
 subsequent encumbrancer, proving claim of, 927. 
 supplemental statement, to file with, 572. 
 surety's to receiver's recognizance, 626. 
 trustees (joint) verifying accounts, 899. 
 
 (sole) " " 904,905. 
 
 consent to act, verifying, 739, 933. 
 fitness of, proving, 737. 
 AFFIDAVITS OF EXECUTION— 
 of deed, 245. 
 by attesting witness, 331. 
 by person not a witness, 332. 
 of submission to arbitration, 828. 
 AFFIDAVITS OF SERVICE. 
 
 of bills of complaint, 186 ; out of jurisdiction, 187. 
 
 on corporation, 186 ; note (a), 190. 
 in foreclosure suit, 188 ; sale, 189. 
 decree, 323, 328, 363 ; and production of original, 326. 
 injunction, 329. 
 
 notice to admit, or produce, 242, 243. 
 notice of motion. 322. 
 notice T., 327. 
 
 office copy decree, by mailing, 919. 
 petition, 324. 
 subpcena. 330. 
 on substitute, 325. 
 AFFIDAVITS (in Suppokt of Motions.) 
 administration order, for, 758-61. 
 alimony, interim, for, 563. 
 allowance of service of bill, 443. 
 amend biU, to, 460. 
 answer, to file, after bill, pro con. , 529. 
 appointment of guardians ad litem, for, 423, 430, 432, 434, 436 
 
 438, 814-5. 
 attachment of debts, for, 750. 
 attornment by tenant, for, 369. 
 capias, for, 565. 
 change venue, to, 556-7. 
 commit a witness for non-attendance, to, 274. 
 commission to take evidence, for, 280. 
 declaration of lunacy, for, 803-8. 
 depositions taken de bene esse, to use, 297. 
 discharging order for security for costs, for, 404. 
 dismiss bill for non-service, to, 507. 
 enlarge time to redeem, to, 676. 
 examine execution debtor, to, 754. 
 forma pauperis, to sue in, 410, 412. 
 further time to file affidavit on production, for, 545. 
 further security for costs, for, 395. 
 
 guardian ad litem, for appointment of, to infant, 423, 814-5 
 to lunatic, 430, 432, 434, 436, 438, 814^5. 
 
 to concur in special case, 814-5. 
 to appoint in place of one deceased, 423. 
 to remove and appoint another, 426. 
 interim alimony, for, 563. 
 interpleader order, for, 743. 
 investment of fund in Court, for, 699. 
 leave to answer after bill ^0 con., for, 529. 
 
INDEX. ggg 
 
 AFFIDAVITS (in Support op MoTiom)-(ConUnued) 
 leave to appeal from Master's report, 625 
 leave to rehear, 521. 
 letters rogatory, for, 280. 
 lunacy, for declaration of, 803-8. 
 
 next friend to infant plaintiff, new, for appointment of 420 
 payment of money out of Court to husband and wife, for 655 
 production of cestui que vie, for, 842, 844. ' 
 
 rescinding contract in specific performance suit, for 694 
 security for costs, to discharge order, for, 405 ' 
 
 service of bill by publication, for, 446. 
 special examiner, for appointment of, 271. 
 sue in forma pauperis, to, 410, 412. 
 subpoena to Quebec, for, 289. 
 
 subpcena to Registrar to produce original document for 236-7 
 ^"^ f^r674" "■"^"'^'■""^ °* °^'^'' ""^^ pleadings, &c.', at assizes, 
 substituted service of decree, for, 362. 
 staying proceedings pending rehearing, for, 523. 
 stop order, for, 609, 614. 
 strike solicitor off roll, to, 1002, 1003a. 
 strikmg out name of plaintiff from bill filed without authority, for, 
 
 supplemental answer, to file, 472. 
 
 supplemental statements, to file, 575. 
 
 substituting purchaser, for, 709-10. 
 
 tenant to attorn, for, 369. 
 
 trust fund, by trustees to pay into Court, 798. 
 
 venue to change, 556-7. 
 
 writ of arrest, for, 565. 
 AFFIRMATION. See Oatu. 
 
 formal parts, of, 315-17. 
 
 and affidavit, 317. 
 
 of Moravian or Quaker, &c. , 254-6. 
 
 of witness before examiner, 259-61 . 
 AGENT. 
 
 bUl against, by principal, 82. 
 ALIMONY. 
 
 bill for, 61. 
 
 interim, demand of, 179. 
 
 notice of motion for, 562 ; affidavit in support, 563 
 ALLOWANCE OF SERVICE OF BILL. 
 
 affidavit for, 443. 
 
 order for 444, 445. 
 AMENDED BILL. 
 
 answer to, claiming benefit of same defence as to original bill, 162. 
 
 notice of motion to take off files, 467-8. 
 AMENDMENT. 
 
 1. Of Answer. 
 
 notice of motion for leave to amend answer, 470. 
 
 2. Of BiU and Information, 452-65. 
 
 affidavit in support of motion to amend, 460. 
 after answer, notice of motion to amend, 455. 
 before answer, praecipe for order, 454. 
 
 clerical errors, notice of motion to amend after decree, 453 ; praecipe 
 for order, 452. 
 
640 INDEX. 
 
 AMENDMENT— (Chntimied). 
 
 costs, occasioned or rendered useless by, notice of motion for pay- 
 ment of, 469. 
 
 demurrer, prsecipe for order to amend on submitting to, 456. 
 
 contempt, notice of motion to amend without discharging, 457. 
 
 enlarging time for, under order, notice of motion, 464. 
 
 further time for, notice of motion for, 462 ; order, 463. 
 
 husband and wife's Bill, notice of motion to amend by making Bill 
 of wife only. 468. 
 
 order to amend, 465. 
 
 parties as to, to make co-plaintiff a defendant, notice of motion 
 for, 461. 
 
 prmc^e for amendment, 466. 
 
 replication, notice of motion to withdraw and amend, 459. 
 
 to make co-plaintiff a defendant, notice of motion, 461. 
 
 3. Of Decrees and Orders. 
 
 petition for, 356, 473-4. 
 
 4. Of Master's Report- 
 
 notice of motion for, 475. 
 6. Of Writs, &c. 
 
 notice of motion for, 476. 
 
 ANNUITIES. 
 
 list of, remaining unpaid, 898. 
 ANSWER. 
 
 allegations in, need not be positive, p. 194, note (a), 
 amending. See Notice of Motion (Forms of). 
 commencement of, 115 ; to amended bill, 129-31. 
 to information, 123. 
 by adult and infant, 121. 
 
 Attorney-General, 119. 
 
 executor added by revivor, 127. 
 
 infant, 122. 
 
 joint stock company, 120. 
 
 husband and wife, 124 ; wife alone, 125. 
 
 lunatic, 121. 
 
 sole defendant, 117 ; in case of misnomer, 126, 
 
 several defendants, 118. 
 corporations' mode of authenticating, 11 6, note (6). 
 demurrer and, 163-5 ; notice of filing, 183. 
 disclaimer, 113-4. 
 filing, notice of, 181, 183 ; notice by whom filed, 169. 
 
 notice of motion, for further time for, 527. 
 formal parts of, 115-13]. 
 forms of, 115, 132, 133, 134. 
 further, to original BUI, 128. 
 joint and several, 118. 
 jurat, of one defendant, 116 (1) ; of several, 116 (2) ; and see 
 
 Jtjeats. 
 notice of filing, 181, 183 ; of reading, 211. 
 notice by whom filed, 169. 
 notice of time to answer, 176 ; in case of absconding defendant, 
 
 448. 
 reading, notice of, 211. 
 style of cause in, 115, note (a). 
 supplemental. See Notice of Motion (Forms of). 
 swearing, 115, note (6). 
 
INDEX. 641 
 
 Oonunon Forms of Allegations and Statements in. 
 accounts, reference to book containing them, 135-6. 
 
 reference to schedules thereof, 137. 
 
 refused, as being useless before decree, 139. 
 admission, 140 ; for purposes of suit, 141. 
 claims made by defendant, 142, 
 craving leave for greater certainty, 143. 
 
 to refer to co-defendant's answer, 144. 
 cross relief, claim of, 1 61. 
 -dischai^e, trustee idaiming, 158. 
 ignorance, 148. 
 
 inability to discover contents of documents, 145. 
 information and belief, 147. 
 offer to deliver documents, 145. 
 qualified denial, 149. 
 release, 151. 
 
 reference to schedule, 150. 
 settled account, 154. 
 statute of limitations, 152-3. 
 submission of fact, 155. 
 
 submission by trustee to act as Court may direct, 156. 
 traverse, 157. 
 
 trustee claiming to be discharged, 158. 
 vexatious, that suit is, 159. 
 want of interest in plaintiff, 160. 
 APPEALS. 
 
 1. Appeal to Court of Appeal. 
 
 bond for costs, 848 ; aiRdavit of sureties, 849. 
 bond to stay execution, 850. 
 
 2. Appeal to Privy Council. 
 
 bond for costs, 851 ; affidavit of sureties, 852. 
 bond to stay execution, 853. 
 
 3. Appeal to Supreme Court. 
 
 appearance, notice of, 859-60. 
 
 bond for security for costs on, 848, 851. 
 
 affidavit of sureties, 849. 
 bond to stay execution on, 850. 
 
 •certificate of security having been given in Court below, 856-8. 
 iactnm, 861. 
 
 notice of appearance, 859-60. 
 notice of hearing, 862. 
 notice of motion, 862a. 
 notice of filing suggestion, 866. 
 
 suggestion of appearance in person, 860 ; by solicitor, 861. 
 suggestion on death, <fcc., for adding parties, 863-4. 
 suggestion on death where interest survives, 865. 
 
 4. From Master's Beport. 
 
 notice of hearing, 220. 
 notice of motion for leave to appeal, 524. 
 praecipe to set down, 219. 
 5 From Beferee in Chambers, and from Beferees under Act for 
 Quieting Titles, 
 notice of hearing, 222. 
 praecipe to set down, 221. 
 41 
 
642 INDEX. 
 
 APPEARAJSCE. 
 
 on appeal to Supreme Court, 859-60. 
 APPOINTMENT. 
 
 special examiner's to take evidence, 26o-€. 
 
 Judge's or Referee's, 762. 
 
 appointment T, 922. 
 
 to settle minutes of decree, 347. 
 APPOINTMENT OF NEW TRUSTEES. 
 
 affidayit of fitness of proposed trustees, 931. 
 
 APPOINTMENT OP PERSONS TO REPRESENT ESTATE, 
 notice of motion for, 569. 
 
 APPOINTMENT OF RECEIVER. See Reobiveb. 
 
 ARBITRATION. 
 
 affidavit verifying execution of submission, 828. 
 award, form of, 835 ; affidavit of publication, 836. 
 notice to appoint arbitrator, 830. 
 
 notice of motion to make submission an order of Court, 827. 
 to stay suit after reference agreed on, 829. 
 for appointment of arbitrator, 83] . 
 to revoke appointment of arbitrator, 832. 
 for order of reference, 833. 
 to enlarge time for making award, 834. 
 to make award order of Court, 837. 
 to set down special case stated by arbitrator, 838. 
 to set aside award, 839. 
 to remit award, 840. 
 ARREST. 
 
 affidavit in support of motion for, 565. 
 notice of motion to discharge prisoner from, 606, 671. 
 
 affidavit in support, 672. 
 where arrest made in contempt of 
 Courrt, 372. 
 writ of, prayer for, 664. 
 ASSIGNEE, OFFICIAL. 
 
 bill by, to set aside conveyance by insolvent, 57. 
 mode of describing in bill, 13. 
 ATTACHMENT OF DEBTS. See Garnishee Proceedings. 
 ATTESTATION. 
 
 to retainer by marksman, 991. 
 affidavit of, 245, 331-2, 828. 
 ATTORN. See Sequestration. 
 
 attornment of tenant to receiver, 629. 
 notice to, 628. 
 
 notice of motion to compel tenant to attorn, 630- 1 
 ATTORNEY-GENERAL. See Information. 
 
 answer of, 1 19. 
 AUCTIONEER. 
 
 affidavit of fitness of, 939. 
 affidavit of, as to result of sale, 947. 
 Master's directions to, 944. 
 AUTHORITY. 
 
 to prosecute, and defend, suits, &e., 980-990. 
 AWARD. See Arbitration. 
 form of, 835. 
 
 BIDDING PAPER. 
 
 form of, 945a. 
 
INDEX. 643 
 
 BILL OP COMPLAINT. See Bill op Complaint {Forms of). 
 address, 2. 
 
 of solicitor to be endorsed, 168. 
 alimony, endorsement on bill for, 179. 
 allegations in, must be positive, 29, note (e). 
 allowance of service, motions for, 443-5. 
 amending, 452-465. See Amendment of BUI and Information, 
 description of plaintiffs in, 3-23. 
 dismissal of. See Dismissal of Bill. 
 endorsement of. See Endorsements. 
 
 foreclosure and sale, endorsements on. See Endobsbments. 
 restoring bill, notice of motion for, after dismissal, 505. 
 service, proof of, 186-194, See Service oe Bills. 
 by publication, affidavit for, 446, Order 447. 
 
 notice to defendant to answer, 448 ; affidavit 
 proving service, 449 ; Order pro confesso 
 against the defendant so served, 450. 
 striking out name of plaintiff in bill filed without authority, notice 
 
 of motion for, 478, 488. 
 style of cause in, 1. 
 
 taJdng off file, where filed without authority, notice of motion for, 
 477, 487. 
 BILL OP COMPLAINT (Porms op). 
 
 account for, by partner, 31, 32, 83. 
 
 by patentee on infringement of patent, 43, 49. 
 
 for unlawful use of trade mark, 50. 
 
 by beneficiary against a person who has fraudulently 
 
 obtained administration, 53. 
 by principal against agent, 82 ; prayer for, 97. 
 administration for, by infant heirs and next of kin against admin- 
 istratrix, 39. 
 by married woman and for execution of trusts of 
 
 will, 40. 
 by mortgagee, 87. 
 and partition, 60. 
 administrator of mortgagee by, for sale, 85. 
 admission of assets, prayer for, 92. ^ 
 
 adoption of proceedings in another suit, prayer for, 93. 
 agent, principal against, 82. 
 alimony, for, 61. 
 
 appointment of new trustee, 38. > „ ■, > . 
 
 of receiver of real and personal estate, by alleged heir 
 
 at law and next of kin, pending litigation, 44 
 by partner, 83. 
 arrangement between promoters of joint stock company, to set 
 
 aside, 77. . 
 
 assets, prayer that defendants may admit, 92. 
 by-law of municipal corporation, to set aside, 74. 
 boundaries, prayer for ascertainment of, 94. 
 bonus, by-law granting, to set aside, 74. 
 ceshii que trust by, for conveyance of legal estate, 89. 
 construction of will, 80, 81. 
 covenants in lease, to enforce, 52. 
 creditor by, against joint stock company, 75, 76. 
 for equitable execution, 47. 
 to enforce mechanics' lien, 72; 
 to set aside deed for fraud, 46, 64. 
 to stay waste, 58. 
 
644 INDEX. 
 
 BILL OP COMPLAINT (Forms ow)—(Gonlmued). 
 declaration of truat, for, 48. 
 
 of rights, prayer for, 95. 
 deed, to reform, 51. 
 
 of infant, to declare void, 55. 
 
 to set aside as fraudulent, by creditor, 46, 54. 
 
 by ofiLcial assignee, 56, 57. 
 for undue influence, and to establish prior will, 
 78. 
 discovery for, 98 ; affidavit to annex, 99, 100. 
 
 notice of motion for costs of, 101. 
 diversion of water course, to restrain, 88. 
 establish will, to, 78. 
 execution, for equitable, 47. 
 executor of mortgagee, by, for specific performance of agreement 
 
 to take transfer of mortgage, 42. 
 foreclosure by legal or equitable mortgagee, 29. 
 
 by equitable mortgagee by deposit, 41. 
 and to restrain waste, 70. 
 
 by representatives of deceased mortgagee on mortgage to 
 secure maintenance, 86. 
 fraud, to set aside deed for, by creditor, 46, 54. 
 
 by official assignee, 56, 57. 
 by joint stock company against pro- 
 moters, 77. 
 by devisee, against subsequent grantee 
 from testator, 78. 
 habeas corpus, for, 79. 
 infant, by, for habeas corpus, 79. 
 
 to make ward of Court, 79. 
 
 deed of, to declare void, 55. 
 
 infringement of patent, to restrain, 43, 49. 
 
 of trade mark, to restrain, 50. 
 injunction for, to stay waste, 35, 58. 
 
 to stay trespass in nature of waste, 36. 
 
 to stay waste by mortgagor, 70. 
 
 to restrain infringement of patent, 43, 49. 
 
 to restrain use of trade mark, 50. 
 
 to restrain proceedings at law, 62. 
 
 to restrain encroachment on highway, 71. 
 
 to restrain delivery of bonus debentures, 74. 
 
 to restrain defendant dealing with estate, 78 ; against 
 
 partner, 83. 
 to restrain defendants from concealing infant plain- 
 
 tifis from their father, 79. 
 to restrain diversion of water course, 88. 
 insurance company, to wind up, 75. 
 interpleader, 62. 
 joint stock company, to wind up, 75, 76. 
 
 against promoters, to set aside fraudulent ar- 
 rangement, 77. 
 lease, to enforce covenants in, 52. 
 lien, mechanics', to enforce, 72. 
 limiting liability of ship owner, for, under Merchant Shipping Act, 
 
 45. 
 maintenance, 39 ; to enforce mortgage given to secure, 85 86. 
 married woman, by, for administration, &c., 40. 
 mechanics' lien, to enforce, 72. 
 
INDEX. 645 
 
 BILL OF COMPLAINT (Forms or)—(C(mUrmed). 
 mortgagee, by, for foreolosvire, 29, 41, 70, 86. 
 
 sale, 29, 42, 86, 87. 
 mortgagor, by, for redemption, 30. 
 
 charging waste by mortgagee, 69. 
 municipal by-law, to set aside, 74. 
 new trustee, for appointment of, 38. 
 official assignee, by, to set aside fraudulent deed, 56, 57. 
 partnership, to wind up, 31, 32, 83. 
 partition, 84 ; and administration, 60 ; prayer for, 96. 
 patent, to restrain infringement, 43, 49. 
 perpetuate testimony, to, 102. 
 plan, registered, to remove, 73. 
 prayer of, that defendant may admit assets, 92. 
 
 proceedings in another suit may be adopted, 93. 
 
 boundaries may be ascertained, 94. 
 
 rights may be declared. 95. 
 
 partition be made, 96. 
 
 accounts may be taken, 97. 
 principal, by, against agent, 82. 
 promoters of company, to set aside arrangement between, for fraud, 
 
 receiver, for appointment of, 44, 83. 
 
 redemption, for, 30 ; charging waste by mortgagee, 69. 
 
 reform deed, to, 51. 
 
 registered plan, to remove from registry, 73. 
 
 sale, for, by mortgagee, 29, 42, 85, 87. 
 
 ship-owner, to limit liability of, under Merchant Shipping Act, 45. 
 
 specific performance of written agreement, 33, 69. 
 
 parol agreement, partly performed, 34, 90. 
 agreement to take transfer of a mortgage, 42. 
 by vendor, charging that vendee has accepted 
 
 title, 68. 
 by vendee of railway stock, 91. 
 tenant in common, by, for partition, 84. 
 trade mark, to restrain use of, 50. 
 trespass in nature of waste, to restrain, 36. 
 trustee, to declare a person, 48. 
 
 for appointment of new, 38. 
 
 against, by cestm que trust for conveyance of legal estate, 89. 
 for leave to sue in name of, 37. 
 undue influence, to set aside deed, obtained by, 78. 
 waste to restrain, by landlord against tenant, 35. 
 
 by execution creditor against debtor's devisees in 
 
 trust, 68. 
 by mortgagee, 70. 
 water course, to restrain diversion of, 88. 
 wind up joint stock company, to, 76, 76. 
 
 partnership, to, 31, 32, 83. 
 will, for construction of, 80, 81. 
 to establish, 78. 
 BILL OF COSTS. See Taxation of Costs. 
 
 form of, in quieting title proceedings, 1047. 
 BLIND PERSON. 
 
 affidavit of, how taken, 304, note (a), 
 oath and jurat to, 304-5. 
 
 BOND. . ^,„ 
 
 of committee of lunatic, 81.^. 
 
646 INDEX. 
 
 BOND— (Conlmmed). 
 
 of guardian to infants, 776, 
 security for costs, for, 396, 397. 
 
 affidavit of justification, 401. 
 notice of filmg, 398. 
 notice of names of obligors, 399. 
 notice of objection to, 400. 
 order for Begistrar to assign, 406. 
 on appeal to Court of Appeal, 848 ; affidavit of 
 justification by sureties, 849. 
 Privy Council, 851. 
 Supreme Court, 864. 
 to stay execution pending appeal to Court of Appeal, 850. 
 BONUS. See By-Law. 
 BRIEFS. 
 
 endorsement on, 199. 
 form of, 195. 
 
 for plaintiff at hearing, 197. 
 
 for defendant, 198. • 
 
 index to, 196. 
 on further directions, 200. 
 BY-LAW. 
 
 granting bonus, bill to set aside, 74. 
 CAPIAS AD SATISFACIENDUM. See Dbbtok. 
 CASE. See Special Case. 
 CAVEAT. 
 
 against enrolment, 356. 
 CERTIFICATES. 
 
 of accountant, of pa3rment of purchase money, 722. 
 bank manager, of non-payment, 682. 
 counsel, to petition to sue m forma pom/peris, 409. 
 to set cause down in June, 206. 
 to petition by trustee for advice, 800. 
 of examination of title under Quieting Titles Act, 1030. 
 that information proper for Attorney-General's sanction, 
 
 24. 
 to amended information, 26. 
 Master, of default, 669, 966. 
 
 of witness, 966 (3). 
 compliance with warrant, 673. 
 examination of married woman, 657-8. 
 
 of witnesses under Ordear 533. 767. 
 examination of infants, 765. 
 production of infants under seven, 766. 
 proceedings in his office, 964. 
 for commission to take evidence, 283. 
 public record, verifying copy of, 230. 
 Registrar, under Quieting Titles Act, 1028. 
 security having been given in Court below, on appeal to Supreme 
 
 Court, 856-8. 
 Sheriff, under Quieting Titles Act, 1033. 
 solicitor's verifying reprint of information, 27. 
 
 of relator's ability ito pay costs, 26. 
 title under Quieting Titles Act, 1044r-5. 
 Treasurer, under Quieting Titles Act, 1032. 
 CESTUI QUE TRUST. 
 
 affidavit by, as to encumbrances, 895. 
 
 bill by. See Bin of Complaint; (Forms of). 
 
INDEX. 
 
 647 
 
 CUSTUI QUE VIE. 
 
 notice of motion for production of, 84] , 843 
 
 notice of motion in, form of, 384r-5. 
 notice of hearing, appeal from, 222 
 
 CHANG^ioLICIToT' '^^"' *'°"' '''• 
 
 notice to creditors that they can be obtained, 889 
 prsecipe for, 650. 
 CLAIMS. See QuiETUfG Titles Act. 
 
 of creditors. See Debts 
 CLERICAL ERRORS. 
 
 in bill, prsecipe to amend, 452. 
 
 notice of motion to amend after decree, 453. 
 ui decree or order, petition to amend, 473. 
 r^cM^m^^^^J^ Report, notice of motion to amend, 475. 
 COMMISSION TO TAKE EVIDENCE, 
 certificate of Master for, 283. 
 form of, 284. 
 
 instructions to Commissioners, 286. 
 notice of motion for, 279. 
 order for, 281. 
 
 return of Commissioners. 285. 
 COMMITTEE OF LUNATIC. ' 
 
 afSda-vit in support of petition for appointment of, proving lunacy, 
 
 803—7. 
 affidavit of fitness, 808. 
 bond of, 812. 
 consent to act, 809. 
 mode of describing in bill, 16. 
 order appointing, 811. 
 petition for appointment of, 801-2. 
 COMPANY, JOINT STOCK. 
 
 bill by, against promoters, 77. 
 bill to wind up, 75. 
 bLU against, by creditors, 75, 76. 
 COMPENSATION. 
 
 notice of motion for, 712. 
 COMPUTATION. 
 
 of interest, mode of, 926, note (o). 
 CONDITIONS OF SALE. 
 
 standing form of, 943. 
 CONDUCT OF SALE. 
 
 directions to auctioneer by Master as to, 944. 
 
 notice to defendant that he may conduct sale under (h'd. 430. 
 740, 934. 
 CONSENT. 
 
 adjournment of hearing, to, 225. 
 
 adult co-tenant, of, to sale of infants' estate, 768. 
 
 affidavit defective, to filing, 319. 
 
 dispensing with payment of purchase money into Court, 724-5 ; 
 
 affidavit verifying, 726. 
 doweress, of, to s^e, free from dower, &c., 935. 
 encumbrancer, of, to sale, free from encumbrance, 935. 
 guardian ad litem, of, to act, 990. 
 
648 INDEX. 
 
 CONSENT— jffcontwued;. 
 
 hearing, to adjournment of, 225. 
 
 of motion for decree, before time for answering up, 207. 
 information, of relator to, 28. 
 married woman, of, to proceedings, 989. 
 mortgagee, of, to sale of infant's estate, 769. 
 new trustee, of, to act, 738, 932 ; affidavit verifying, 739, 933. 
 payment into Court, dispensing with, 724-6 ; affidavit verifying, 726. 
 relator, of, to information, 28. 
 
 trustee, of, to act, 738, 932 ; affidavit verifying, 739, 933. 
 widow, of, to sale of infant's estate, 770, 935. 
 CONSTRUCTION OF WILL. 
 
 bill for, 80-81. 
 CONTEMPT. 
 
 Master's certificate of default, 669. 
 
 of compliance with warrant, 673. 
 notice of motion to amend bill without discharging, 457. 
 to commit for, 651, 668. 
 to commit for broach of injunction, 604 ; affidavit 
 
 in support, 605. 
 to discharge from custody, 606, 671 ; affidavit in 
 support, 672. 
 order to commit for, 652, 670. 
 
 witness, notice of motion to commit, for, 273 ; affidavit in sup- 
 port, 274. 
 CONTESTANT. See Quieting Titles Act. 
 CONTRACT. 
 
 of purchaser, 946 ; affidavit verifying, 949. 
 CONVEYANCE. 
 
 error in, bUl to correct, 51, 
 fraudulent, bill to set aside, 46. 
 COPYRIGHT. 
 
 notice of motion, to restrain infringement of, 583. 
 CORPORATION, AGGREGATE. 
 
 affidavit of service of bill on, 186, note (c»), 190. 
 answer of, 116, note (6). 
 description of, as plaintiffs in bill, 9, 10. 
 notice of examination of officer of, 554. 
 
 to be endorsed on copy decree or order, for service on, 358. 
 CORRESPONDENCE. 
 
 affidavit verifying, 246. 
 COSTS. See Taxation of Costs. 
 
 affidavit of disbursements, 334. 
 certificate to tax under lower scale, 1019. 
 discovery, bill for, notice of motion for costs of, 101 . 
 perpetuate testimony, bill to, notice of motion for costs of, 10 3 ; 
 tariff of fees under lower scale, 1020. 
 
 higher scale, disbursements, 1021-2 ; solicitors' 
 
 fees, 1024 
 Quieting Titles Act, 1023. 
 unsuccessful claim in Master's Offiee, notice of motion for payment 
 of costs of, 882. 
 
 Costs, Security for- 
 
 affidavit for further security, 395. 
 
 affidavit of justification by sureties, to bond for, 401. 
 
 bond for, 396-7 ; notice of filing, 398. 
 
 on appeal to Court of Appeal, 849. 
 Privy Council, 861. 
 Supreme Court, 854. 
 
INDEX. 649 
 
 COSH8—(ConHnued). 
 
 notice of motion for, 390-1, 393-4. 
 notice of proposed sureties, 399. 
 notice of objection to sureties, 400. 
 
 notice of motion for leave to pay money into Court in lieu of 
 bond, 402. 
 to discharge order for security, 403-4 ; affidavit 
 in support of same, 405 
 order for, 392. 
 
 order for assignment of bond, 406 : receipt for bond, 407. 
 COUNSEL. . . F , 
 
 certificate of, to information, 24, 25. 
 
 to petition of trustee for advice, 800. 
 to petition to sue in, forma pavperis, 409. 
 to set cause down in June, 206. 
 of title, under Quieting Titles Act, 1030. 
 fees of. See Tamff of Fees. 
 COVENANTS. 
 
 in lease, bill to enforce, 62. 
 CREDITORS. 
 
 advertisement for, under Order 475. 867. 
 affidavit, of non-receipt of claims of, 869. 
 
 as to claims received, under Order 480., 880-1 . 
 proving claims of, 870-8. 
 
 in support of motion for administration order, 758. 
 bUl by, for equitable execution, 47. 
 
 to set aside fraudulent conveyance, 46, 54. 
 to wind up company. 75. 
 description of, in, 12. 
 claims of, affidavits proving, 870-8. 
 
 list of, 881, 888. 
 notice of claim, 868. 
 notice to, that claim allowed, 886. 
 to prove claim, 887. 
 that cheque can be obtained, 889. 
 to produce documents, under Order 477., 879. 
 notice of motion by, for leave to prove claim after time expired, 
 885. 
 to restrain, proceeding at law pending administra- 
 tion, 578 ; affidavit in support, 579. 
 petition by, to come in, after time elapsed, 884. 
 suit by, staying proceedings in. See Notice op Motion (Fornu of.) 
 suing on behalf of himself and others, description of in biU, 12. 
 warrant to show cause why he should not be allowed to come in, 
 883 
 CROSS-EXAMINATION. See Examination. 
 CROSS-RELIEF. 
 
 answer claiming, 161. 
 CUSTODY. ^_ „^, 
 
 notice of motion to discharge from, 606, b<l. 
 
 affidavit in support, 672. 
 notice of motion to discharge from, where arrest made m contempt 
 of Court, 372. 
 DATES AND SUMS. „ , . / \ 
 
 in pleadings printed, to be in figures, 1, note (a). 
 DAY TO SHOW CAUSE, 
 notice of, 351 . 
 
^50 ■ INDEX. 
 
 DE BENE ESSE. 
 
 depositions of witness, formal parts of, 295. 
 notice of examination, 294. 
 
 motion to examine witness, 292 ; affidavit in support, 293. 
 to use depositions, 296 ; affidavit in support, 297. 
 DEBTOR. 
 
 notice of motion to examine, 749, 753 ; affidavit in support, 754. 
 
 to commit, 755. 
 order for ca. sa. to commit, 756. 
 DEBTS. 
 
 advertisement for, under Order 475. , 867. 
 
 affidavit of executor or administrator as to, under Order 480., 880. 
 of non-receipt of claims under advertisement, 869. 
 proving debt due on judgment, 870. 
 mortgage,' 871. 
 money bond, 872. 
 bond to secure annuity, 873. 
 biU of exchange, 874. 
 cheque, 876. 
 promissory note, 875. 
 simple contract, 877. 
 by personal representative, to prove debt due to the estate, 
 878. 
 list of, referred to in No. 880., 881. 
 
 allowed, 888. 
 notice of, particulars of, under Order 475., 868. 
 notice to creditor to prove debt, under Order 483., 887. 
 that debt allowed, 886. 
 that cheque can be obtained for, 889. 
 notice of motion for leave to prove after time has expired, 885. 
 to pay, 636, 731. 
 DECREES. See Motion for Deckee. Obdebs. 
 amending, petition for, 356. 
 endorsement on mandatory decree, 357. 
 
 in case of corporation aggregate, 358. 
 on office copy served on parties, under Order 60., 913. 
 served on parties added, under Orders 
 205 and 244., 364, 915. 
 on decree nisi, 373. 
 
 on decree served on infant on attaining majority, 351 . 
 enlarging time to obey, notice of motion for, 359. 
 enrolUng, caveat against, 356. 
 
 praecipe for, 354. 
 entering mmc pro twnc, notice of motion for, 350. 
 formal parts of, 334-7. 
 
 limiting time to obey, notice of motion for, 360. 
 minutes of, 346 ; appointment to settle, 347. 
 
 notice of motion to compel return of, 349. 
 to vary, 348. 
 nid, notice to be endorsed on, 373. 
 
 notice to be endorsed on copy served on infant, on attaining 
 
 majority, 361. 
 vacating, petition for, 374. 
 notice of, to infant on coming of age, 351. 
 order, for service of, under Ord. 60. , 912, 
 
 " " Ords. 205 and 244., 914. 
 
 service, affidavit of, 323 ; ditto when endorsed with notice N, 328 ; 
 and of default, 363. 
 
INDEX. 651 
 
 DECREES— fConMjMied;. 
 
 service, substitutional, notice of motion for, 361 
 
 vacating decree nisi, petition for, 374. 
 Forms of. 
 
 administration, for, 346. 
 
 foreclosure against infants, account taken, 343. 
 
 . , " with reference, 344. 
 
 toreclosure, or sale, with reference, 340. 
 
 foreclosure, account taken, 342. 
 
 sale, account taken, 341. 
 DEED. ' 
 
 bill to reform, 51. 
 .^„, „ execution of, affidavit proving, 331-2. 
 DELIVERY. See Taxation of Costs. 
 
 DEMAND ^^ °^ °°^*^' ^^^°^^^ ^°^ °^^^^ ^°^' ^^^^ 5 o'^'^^'"' 1012. 
 of abstract, 951. 
 of interim alimony, 179. 
 of possession, 713, 715, 718. 
 
 affidavit of service of, 716. 
 
 DEMURRER. 
 
 general form of, 104. 
 
 for want of equity, 105-6. 
 for want of parties, 107. 
 for multifariousneaa, 108. 
 on ground of Statute of Frauds, 109. 
 for multiplicity of suits, 110. 
 to biU of interpleader for want of affidavit, 111. 
 and answer, form of, 112, 163, 164, 165. 
 notice of filin g^ 182. 
 
 praecipe for order to amend bill, submitting to, 456. 
 by a witness, 298. 
 DEPOSITIONS. 
 
 formal parts of, 277-8. 
 
 of witness examined de bene ease, 295. 
 
 notice of motion to use, 295. 
 DESCRIPTION. 
 
 of plaintiff in bUl of complaint, 3-23. 
 DISBURSEMENTS. 
 
 affidavit of, 333. 
 DISCHARGE FROM CUSTODY, 
 notice of motion for, 606. 
 DISCLAIMER. 
 
 general form of, 113, 114. 
 filing notice of, 182-3. 
 must be sworn, 113, note (a). 
 DISCOVERY. See Production of Documents. Examination. 
 bill for, 98 ; affidavit to annex, 99, 100. 
 
 notice of motion by defendant for payment of costs of, 101. 
 
 notice of examination of officer, of corporation for, 554. 
 
 DISMISSAL OF BILL. See Notice of Motion (Forms of). Dismissal 
 
 of BiU. Staying Proceedings. Taking Proceedmgs off Files. 
 
 by infant, or for enquiry whether suit for benefit of, notice of 
 
 motion for, 483. 
 by infant, on coming of age, petition for, before decree, 484. 
 by sole plaintiff, where bUl filed without his authority, notice of 
 motion for, 477 ; affidavit in support, 479. 
 
652 INDEX. 
 
 DISMISSAL OP BILL— CConiMMted;. 
 
 by subsequent encumbrancer, on bringing fund into Court to pay 
 
 plaintiff, 496. 
 for non-production, notice of motion for, 508. 
 for non-payment of costs of former suit, notice of motion for, 498. 
 for non-attendance of plaintiff to be examined, notice of motion for, 
 
 508. 
 for not reviving where suit abated, notice of motion for, by de- 
 fendant against representatives of deceased plaintiff, 509. 
 by defendant against surviving plaintiff, 510. 
 by representatives of deceased defendant, 511. 
 by defendant against assignee of a bankrupt plaintiff, 
 512. 
 for non-service of biU, notice of motion for, 506. 
 for want of prosecution, notice of motion for, 502. 
 restoring biU, notice of motion for, 505. 
 without costs, notice of motion for, 491. 
 
 with costs, as to some defendants, but without prejudice as to how 
 costs to be ultimately borne, notice of motion for, 492. 
 DISPUTING NOTE. 
 
 defences available under, 166 (1), note (a), 
 form of, 166(1). 
 DOCUMENTS. See Evidence. Production of Documents. 
 admission of, 241. 
 
 notice to admit, 240 ; affidavit of service, and refusal to admit, 242. 
 notice to produce, 243 : affidavit of service, 244. 
 DOWER. 
 
 consent of widow to sale of infant's estate, free from, 770 ; in other 
 cases, 935. 
 DUCES TECUM. 
 
 subpoena, 250. 
 ELECTION. 
 
 notice to compel, 514 ; election, 516 ; notice of filing, 517. 
 of motion to discharge order for, 515. 
 
 for further time to maike, 518. 
 ENDORSEMENTS. 
 
 alimony, of claim for, on office copy bill, 179. 
 
 mandatory decrees, on, 357 ; in case of corporations, 358. 
 
 name and address of solicitor on pleadings, writs, &c.,, 168-171. 
 
 party acting in person, 172-3. 
 office copy bill, on, 176 ; of demand of alimony, 179. 
 
 in mortgage suits for foreclosure, 1 78. 
 for sale, 177. 
 decree, on, where mandatory, 357. 
 
 in case of corporation aggregate, 358. 
 served under Order 60., 913. 
 
 205 or 244., 915. 
 order of revivor, on, 568. 
 pleadings, on, 168-71. 
 praecipe, on, to set down special case, 823. 
 revivor, office copy of order, on, 568. 
 writs, 168-71. 
 ENROLLING DECREES, 
 prseeipe for, 354. 
 EQUITABLE EXECUTION. 
 
 bill for, 47. 
 EQUITABLE MORTGAGE. 
 
 bill for foreclosure of, 41. 
 
INDEX. 653 
 
 EQUITY. 
 
 demurrer for want of, 106. 
 ERROR IN DEED. 
 
 bill to correct, 51. 
 EVIDENCE. See Affidavits. Affidavits of Service. Affidavits of 
 ExEotJTioN. Affidavits (in Support of Motions.) Exami- 
 nation. Examiner. Notice of Motion (Foi-ms of.) Sub- 
 
 P(ENA. WiTNlBSS. 
 
 admiasions by agreement, 228-9. 
 
 affidavit of execution of deed, 245. 
 
 certificate of Master for commission to take evidence, 283. 
 
 certificate proving copy of public record, 230. 
 
 commission to take, 284. 
 
 affidavit in support of motion for, 280. 
 interrogatories, 286. 
 demurreT by witness, 298. 
 depositions, formal parts of, 277-8. 
 examination de fcejie e^e, notice of motion for, 292. 
 affidavit in support, 293. 
 notice of examination, 294. 
 depositions of witness examined de bene 
 
 esse, formal parts of, 295. 
 notice of motion to use, 296. 
 affidavit in support, 297. 
 exhibits, notice of motion for leave to prove by affidavit at hear- 
 ing, 248. 
 interrogatories, 286. 
 letters rogatory, 287 ; order for, 282. 
 notice to admit, 240. 
 
 affidavit of service of, and refusal to admit, 242. 
 admission thereon, 241. 
 produce, 243 ; affidavit of service of, 244. 
 compel production of original instrument, 235. 
 of intention to use proceedings in another cause as evidence 
 at the hearing, 231. 
 notice of motion to compel demurring witness to attend again at 
 his own expense, 299. 
 to compel witness to produce a document, 276. 
 for leave to prove exhibits by affidavit at hear- 
 ing, 248. 
 for commission, 279. 
 for letters rogatory, 279. 
 intention to prove registered instrument by copy, 234. 
 order for commission to take, 281. 
 proceedings in another cause, notice of using, 231. 
 proof of will by probate, notice of, 232. 
 
 subpoena to Quebec, notice of motion for, 288 ; affidavit in support 
 of motion, 289 ; order for, 290. 
 EXAMINATION DE BENE ESSE. See Evidence. 
 EXAMINATION. See Evidence. Examiner. Witness. 
 appointment for, 266-6. 
 depositions, formal parts of, 277-8. 
 
 of witness examined de bene esse, 295. 
 eijjctrfe, formal parts, 267. , - ^i, ■ w -rcc c 
 
 of infants, in support of petition for sale of their estate, TbO-b. 
 witnesses in support of petition for sale of infant's estate, 767. 
 parties, after answer, &o., notice of, 553-4. 
 officer of corporation aggregate, for discovery, notice of, 554. 
 
664 INDEX. 
 
 EXAMINATION— ("CtwWmted;. 
 
 of witness, notice of, 264. 
 
 for cross-examination, 272. 
 de bene esse, notice of motion to use, 296. 
 
 affidavit in support, 297. 
 EXAMINATION AND HEARING, 
 notice of, 202. 
 
 notice of motion to enlarge time for, 263. 
 EXAMINATION PBO INTHBESSS 8U0. 
 
 notice of motion for, 371. 
 EXAMINER. 
 
 appointment by, for taking examination, 265-6. 
 notice of motion, for appointment of, 268-70. 
 
 affidavit in support, 271. 
 oaths and affirmation of witnesses examined before, 257-61. 
 EXECUTION. 
 
 bond for stay of, on appeal to Court of Appeal, 850, 
 creditor, bill by, to set aside fraudulent conveyance, 46, 54. 
 equitable, bill for, 47. 
 EXECUTORS. 
 
 accounts of, 900-2. 
 
 joint affidavit, verifying accounts, 899, 903. 
 sole " " 904 ; do. of non-receipt, 907. 
 
 of mortgagee, biU by, 42. 
 EXHIBITS. 
 
 mode of marking, to affidavit, 318. 
 
 at hearing, 226. 
 proving by affidavit at- hearing, notice of motion for, 248. 
 schedule of, at hearing, 227. 
 EX PARTE EXAMINATION. See Examinatiok. 
 FACT. See Issues of Fact. 
 PACTUM. 
 
 on appeal to Supreme Court, 861. 
 PEES. See Tariff of Fees. 
 FILING. See Notice. 
 
 affidavits, pleadings, &c., notice of, 181-5. 
 FINAL ORDER. 
 
 of foreclosure, 687 ; of sale, 688. 
 FORECLOSURE. See Affidavits. Mortgage Suit. Mastee. Notice 
 OF Motion (Forms of). 
 bills for, 29, 70, 86. 
 
 endorsement on office copies, 178. 
 service of, affidavit of, 188. 
 decree for, on prsecipe, with reference, 340. 
 
 account taken, 342. 
 final order of, 687. 
 note for sale, in lieu of, 166 (2). 
 
 notice of motion to disiniss, by subseOueut encumbrancer, 496 
 FOREIGN GOVERNMENT— FOREIGNER, 
 affidavit of foreigner, jurat to, 307-9. 
 description of foreign government in bill, 8. 
 FOBMA PAUPERIS. 
 
 notice of motion for married woman to sue in, 411. 
 to discharge order to sue in, 414. 
 petition to sue in, 408. 
 
 to defend in, 413. 
 
 affidavit in support, 410, 412. 
 
INDEX. 655. 
 
 FEAUD. 
 
 bill for account of money received through, 63. 
 
 to set aside deed obtained by, 46, 54, 56, 57, 78. 
 by company against promoters for, 77. 
 FRAUDULENT CONVEYANCE. See F^to. 
 FURTHER DIRECTIONS. 
 
 notice of hearing on, 218. 
 prseoipe to set down on, 217. 
 GARNISHEE PROCEEDINGS. 
 
 affidavit in support of motion to examine debtor, 750. 
 notice of motion for examination of debtor, 749. 
 order attaching debts, 751. 
 
 for garnishee to appear, 752. 
 GOVERNMENT OP FOREIGN STATE. 
 
 description of, as plaintiff in bill, 8. 
 GUARDIAN OF PERSON AND ESTATE, ^ee Infaot. Lunatic. 
 appointment of, to infant, notice of motion for, 772-3. 
 affidavit in support, 774, 786. 
 petition therefor, where infant a lunatic, 
 785. 
 bond of, 776. 
 consent to act, 775. 
 removal of. 
 
 notice of motion to remove, 777. 
 
 affidavit im support, 778. 
 removal of infant out of jwrisdiction by. 
 
 notice of motion by, to remove infant out of jurisdiction, 779. 
 
 to extend time for return of infant, 781. 
 undertaking to bring infant back, 780. 
 GUARDIAN AD LITEM. See Isvast. Lunatic. 
 consent to act, 990. 
 
 notice of motion by defendant for guardian to be assigned in lieu of 
 one deceased, 422 ; affidavit in support, 423. 
 by defendant found to be lunatic for guardian to 
 be assigned, when his committee is adversely 
 interested, 429 ^ affidavit in support, 430. 
 by defendant of unsound mind not so found for 
 guardian to be assigned him, 431 ; affidavit in 
 support, 432. 
 by defendant lunatic, for assignment of guardian 
 in lieu of one deceased, 433 ; affidavit in 
 support, 434, 
 by person of unsound mind not so found, for assign- 
 ment of guardian to him as respondent to a 
 petition, 435 ; affidavit in support, 436. 
 by plaintiff, for assignment of guardian to lunatic 
 
 defendant, 437 ; affidavit in support, 438. 
 to discharge order appointing guardian, 439. 
 order appointing, 427. 
 
 praecipe for order appointing, 421-424. . , ^ . . . 
 
 removal of, notice of motion for, and for appointment of another, 
 425 ; affidavit in support, 426. 
 HABEAS CORPUS. 
 bill for, 79. 
 HANDWRITING. 
 
 affidavit proving, 245. 
 HEARING. See Notice. Setting Down. 
 
 notice of motion to enlarge time for, J6J, 
 
656 INDEX. 
 
 HEIRS. 
 
 advertisement for, 893. 
 
 affidavit as to, 894. 
 HIGHER SCALE. 
 
 tariff of disbursements, 1021-3 ; solicitors' fees, 1024. 
 HIGEWAY. 
 
 encroachment on, information to restrain, 71. 
 HUSBAND AND WIFE. See Makkibd Woman. Paymbnt of Monet 
 OUT or Court. 
 
 demurrer of, heading of, 104. 
 
 joint answer of, heading of, 124. 
 
 plaintiffs, mode of describing, in bill, 18, 19. 
 IDIOT. See Lunatic. 
 INCUMBRANCERS. 
 
 affidavit proving claims of, 927-8. 
 
 affidavit as to, on shares of beneficiaries, 895. 
 
 notice to, 921 ; affidavit of service, 327. 
 INDORSEMENT. Se» Bndoksbmbnt. 
 IMPERTINENCE. See Scandal. 
 INFANT. 
 
 1. Gnardian to Person and Estate of. 
 
 appointment of guardian to person, notice of motion for, where 
 
 suit pending, 772. 
 to person and estate, 773. 
 
 affidavit in support, 774. 
 bond of guardian, 776. 
 consent of guardian to act, 775. 
 
 notice of motion to take infant out of jurisdiction, 779 ; under- 
 taking to bring back, 780. 
 to extend time for return of infant, 781. 
 petition for appointment, of guardian to infant lunatic, and for 
 
 maintenance, 785 ; affidavit in support, 786. 
 removal of, notice of motion to remove guardian, 777. 
 affidavit in support, 778. 
 
 2. Guardian ad litem. 
 
 notice of motion to appoint in lieu of one deceased, 422 ; affidavit 
 
 in support, 423. 
 order appointing gnardian ad Utem, 427. 
 praecipe for order appointing, 421, 424. 
 removal of, notice of motion for, and to appoint another, 425 ; 
 
 affidavit in support, 426. 
 special case, notice of motion to appoint guardian to concur in, 
 
 813 ; affidavit in support, 815. 
 
 3. Maintenance. 
 
 notice of motion for allowance for, 782. 
 
 affidavit in support, 783. 
 for increased allowance, 784. 
 
 4. Marriage of. See infra Waiid of Court. 
 
 5. Next Friend. 
 
 appointment of new, notice of motion for, 415 ; by defendant, 419. 
 in place of one deceased, notice of motion for, 
 417. 
 incapacitatied 418. 
 substitution of, notice of motion for, 416, 
 
INDEX. 657 
 
 INFANT— (Cmtinued). 
 
 6. Sale of Infants' Estate, 
 
 certificate of Master of examination of infants over seven, 766. 
 production of infants under seven, 766. 
 consent of adults jointly interested, to sale, 768 
 mortgagee to sale, 769. 
 mother to sale of, free from dower, 770. 
 examination of infants, in support of petition for, 765. 
 
 witnesses, 767. 
 order for sale, 771. 
 petition for sale, 764. 
 
 7. Suits Against. 
 
 by c. q. t., for conveyance of legal estate, 89. 
 guardians ad lifem. See Guakdians ad Litem supra. 
 notice to, of decree on coming of age, 351. 
 
 8. Suits By. 
 
 bill for administration, 39. 
 maintenance, 39. 
 to declare infant's deed void, 65. 
 for habeas cor2)us. 79. 
 description of infant plaintiff, in bill by his next friend, 14, 15. 
 dismissal of bill, petition for, by infant plaintiff, on coming of 
 
 age, 484. 
 enquiry whether suit for benefit of, notice of motion for, 481, 483. 
 next friend. See Next Friend supra. 
 staying proceedings, notice of motion for, 482. 
 
 by infant on coming of age, notice of motion 
 for, 485. 
 striking out name as plaintiS', notice of motion for, 486. 
 
 9. Ward of Court. 
 
 apprenticing, notice of motion for leave to article or apprentice, 787 ; 
 affidavit in support, 788. 
 
 marriage of, notice of motion for leave to marry, 794. 
 
 notice of motion to commit husband for marrying, 790. 
 
 enquire as to validity of marriage, 791. 
 
 order settling fund, without deed, 796. 
 
 petition of, for leave to marry, 793. 
 to interdict marriage of, 789. 
 
 proposals for settlement on marriage of, 795. 
 INFORMANT. 
 
 mode of describing in information, 3-7- 
 INFORMATION. 
 
 answer to, 123. 
 
 certificate of counsel to, 24-25. 
 
 description of informant in, 3, 4, 5, 6, 7. 
 
 form of, 71. 
 
 must be signed by Attorney-General, 3, note (c). 
 
 notice of motion, to take off file, 480. 
 INJUNCTION. See Bill of Complaint (Forms of.) 
 
 hill for, 35, 36, 43, 49, 50, 68, 62, 70, 71, 74, 88 
 
 breach of, notice of motion to commit for, 604 ; affidavit in sup- 
 port, 605. 
 
 dissolving, notice of motion for, 601. 
 
 irregularity, notice of motion to discharge for, 602. 
 
 notice of writ, 599. 
 
 42 
 
658 INDEX. 
 
 INJUNCTION— (Contiwed). 
 
 notice of motion for, general form of, 580. 
 
 to restrain action at law, 578, 58], 589. 
 distress for rent, 686. 
 felling timber, 692. 
 getting in partnership assets, 588. 
 infringement of copyright, 583. 
 patent, 684. 
 trade mark, 585. 
 interference with lights, 582. 
 marrying ward of Court, 591 . 
 pollution of river, 687. 
 transfer of ships, &c., 590. 
 creditor in administration suit, 578. 
 to amend bill, without prejudice to motion for, 
 
 598. 
 to commit for breach of, 604 ; affidavit in support, 
 
 605. 
 to discharge from custody, 606. 
 to dissolve, 601. 
 order for, interim, 597. 
 
 prayer for, in bill, 576 ; and see Bill of Complaint (Forms of). 
 writ of, 600 ; notice of, 599. 
 service, affidavit of, 329. 
 INTEREST. 
 
 mode of computation, 926. 
 INTERIM ALIMONY. 
 
 demand of, endorsed on office copy, 179. 
 INTERPLEADER. 
 
 bill of, 62 ; affidavit of no collusion of sole plain tiflf, 63. 
 
 several plaintiffs, 64. 
 
 one of several plaintiffs, 65. 
 
 by public officer of company, 
 
 66. 
 by plaintiff's solicitor, 67. 
 By Sheriff. 
 
 affidavit of Sheriff, in support of motion for execution creditor and 
 
 claimant to appear, 743. 
 notice of motion for, 742. 
 
 order for execution creditor and claimant to show cause, 741. 
 barring claimant, 744. 
 
 execution creditor, 745. 
 where neither claimant nor execution creditor appear, 746. 
 disposing of claims, 747. 
 directing issue, &c., 748. 
 INTERROGATORIES. 
 
 form of, 286. 
 INVESTMENT OF FUND IN COURT, 
 notice of motion for, 698. 
 petition for, 697. 
 
 affidavit in support, 699. 
 IRREGULARITY. 
 
 notice of motion to set aside order for injunction for, 602. 
 proceedings for, 619. 
 ISSUES OF FACT. 
 
 new trial, notice of motion for, 381. 
 order for trial of, 375-6. 
 record for trial of, 377-8. 
 trial, notice to fix day for, 380. 
 
INDEX. 659 
 
 JOINT-AFFIDAVIT. 
 
 formal parts of, 301. 
 JOINT AND SEVERAL ANSWER. 
 
 and demurrer, 163, ] 66. 
 JOINT STOCK COMPANY. 
 
 biU against, by creditor, 75-6. 
 
 by, against promoters, to set aside fraudulent agreement, 77. 
 description of, in bill, 10, 
 to wind up, 75. 
 jrDGE IN CHAMBERS. 
 
 appointment of, 762. 
 JUDGMENT CREDITOR. 
 
 affidavit proving claim of, 870. 
 bUI by, for equitable execution, 47. 
 
 to set aside fraudulent conveyance, 46, 54. 
 JUDGMENT DEBTOR. See Garnishee Proceedings. Notice of 
 
 Motion {Forms of.) 
 JUNE. 
 
 certificate of counsel to set cause down in, 206. 
 JURAT. 
 
 one deponent, 300 ; several deponents, 301 . 
 oath of one deponent, 302 ; oath of several deponents, 303. 
 oath and jurat of blind deponent where officer reads affidavit, 304. 
 
 witness " " 305. 
 
 deaf and dumb deponent, 306. 
 foreigner, deposing in English through an inter- 
 preter, 307. 
 where affidavit in foreign language, the 
 
 oath being interpreted, 308. 
 interpreter, verifying translation, 309 . 
 Hindoo, 310. 
 marksman, 311, 312. 
 oath with uplifted hand, 313. 
 to affidavits, 300-14. 
 
 sworn out of the jurisdiction, 314. 
 to answers, 116, and note (b). 
 .JURY. See Issues of Fact. 
 JUSTIFICATION. 
 
 affidavit of, 849. 
 LEASE. 
 
 covenants in, bill to enforce, 52. 
 LEGATEE. 
 
 affidavit by, as to encumbrances, 895. 
 LEGACIES. 
 
 list of, remaining unpaid, 897. 
 LETTERS ROGATORY. 
 
 affidavit in support of motion for, 280. 
 form of, 287. 
 notice of motion for, 279. 
 order for, 282. 
 LIEN. 
 
 mechanics', bill to enforce, 72. 
 LOCAL MASTER. 
 
 appeal from, notice of hearing of, i^^. 
 praecipe to set down, 221. 
 LOWER SCALE. 
 
 tariff of fees under, 1019. 
 LUNATIC. 
 
 answer of, heading of, 1 21-2. 
 
660 INDEX. 
 
 JjUNATlC—iContmrnd). 
 
 appointment of committee, petition for, by relative, 801. 
 
 creditor, 802. 
 affidavit proving lunacy, 803-7. 
 affidavit of fitness of proposed committee, 808. 
 bond of committee, 812. 
 consent of proposed committee to act, 809. 
 declaration of lunacy, petition for, by relative, 801. 
 
 creditor, 802. 
 declaration of judge, of lunacy, 810 ; order thereon, 811. 
 guardian, petition for appointment of, to infant lunatic, and for 
 
 maintenance, 785 ; af&davit in support, 786. 
 guardian ad litem, appointment of, notice of motion by lunatic for, 
 429, 431 ; affidavit in support, 430. 
 notice of motion for, to concur in special case, 
 
 813 ; affidavit in support, 814. 
 removal of, notice of motion for, 439. 
 plaintiff, mode of describing in bill, 16, 17. 
 MAINTENANCE. See Infant. 
 bUl for, 39. 
 
 bill to enforce mortgage given for, 85, 86. 
 notice of motion for an allowance for, 782 ; affidavit in support, 783. 
 
 increased allowance, 784. 
 petition for appointment of guardian to person of unsound mind 
 not so found, and for allowance, 785 ; affidavit in support, 786. 
 MANAGEMENT OF ESTATE. See Eecbiver. Tru.stbe. 
 MANDATORY ORDER, OR DECREE, 
 notice to be endorsed on, 357-8. 
 MARKSMAN. 
 
 answer of, 116, note (&), 311-12. 
 oath and jurat to affidavit of, 311-12. 
 retainer by, attestation of, 991. 
 MARRIAGE OP WARD OP COURT. 
 
 notice of motion, for leave to marry, 794. 
 
 to enquire into validity of, 791. 
 to commit husband, 790. 
 petition for leave to marry, 793. 
 
 to interdict, 789. 
 proposals for settlement on, 795. 
 settling property without deed, order for, 796. 
 MARRIED WOMAN. See Payment op Monby out of Coukt. 
 answer of husband and wife, joint, heading of, 124. 
 
 wife, separate, heading of, 125. 
 bill by, for administration, 40. 
 
 amending, notice of motion to amend by making joint bill, the 
 bill of wife alone by her next friend, 458. 
 consent of, to proceedings, 989. 
 demurrer by husband and wife, heading of, 104. 
 description of, in bill filed by husband and wife jointly, 18. 
 husband alone, wife by next friend, 19. 
 wife by next friend, husband a defendant, 20. 
 husband civUiter mortvMS, 21. 
 residing abroad, 22. 
 as feme sole, 23. 
 dismissing bill filed without authority, notice of motion for, 487. 
 next friend, new, notice of motion to compel appointment of, 489. 
 notice of motion by female plaintiff marrying, to name, 
 for herself and infant co-plaintiff, 442. 
 
INDEX. 661 
 
 MARRIED WOMAN-(Oou<wwed;. 
 
 next friend, notice of motion to change, 440 ; order thereon, 441. 
 pauper, notice of motion for leave to sue m forma pcmj)eris, 411 ; 
 
 affidavit in support, 412. 
 plaintiff, mode of describing in bill, 18-23, 
 
 striking out name of, in bill filed without authority, 
 notice of motion for, 488. 
 MASTER. See Quietinq Titles Act. 
 advertisement for creditors, 867. 
 claimants, 893. 
 of sale, 936. 
 
 directions for publication of, 936a. 
 amending report of, notice of motion for, 475. 
 appeal from report of, notice of motion for leave, 524 ; affidavit in 
 
 support, 525. 
 appointment of receiver, 627. 
 
 T., 922. 
 certificate of compliance with warrant, 673. 
 for commission, 283, 965. 
 of default where warrant served, 669, 966 (1). 
 
 where no warrant served, 669, 966 (2). 
 of witness, 966 (3). 
 examination of infants, 765. 
 
 married woman, 657-8. 
 production of infants, 766. 
 examination of witnesses under Order 533., 767. 
 proceedings in his office, 964. 
 directions to auctioneer in case of reserved bidding, 944. 
 examination of infants before, 765. 
 
 married woman before, 657. 
 note of reserved bidding, 945. 
 notice T., 921. 
 
 order for serving decree under Order 60. , 912. 
 adding parties under Order 244., 914. 
 report, amending, notice of motion for, 475. 
 
 appeal from, notice of motion for leave to, 524 ; 
 
 affidavit in support, 525. 
 notice of hearing of, 220. 
 prsecipe to set down, 21 9. 
 
 {Forms of.) 
 
 in administration suit, 979. 
 
 derivative mortgage suit, 975, note (a). 
 foreclosure suits, where no parties added, 967. 
 
 where parties added, but do not prove, 968 . 
 where parties added, and one proves, 969. 
 where defendant by bill also an incum- 
 brancer 977. 
 subsequent report, where subsequent in- 
 cumbrancer redeems the plaintiff, 976. 
 taking subsequent account, 973. 
 under decree for sale, no parties added, 970. 
 parties added, but none prove, 971. 
 and some prove, 972. 
 
 redemption suit, 974. 
 partnership suit, 930. 
 on passing receiver's accounts, 978. 
 sale, 950. 
 
662 INDEX. 
 
 MASTER— COomimwed;. 
 
 reserved bidding, note of, 945. 
 
 directions to auctioneer in case of, 944. 
 warrant, 890 ; underwriting, 89] . 
 
 for appointment of receiver, 621. 
 MECHANICS' LIEN. 
 
 biU to enforce, 72. 
 MERCHANT SHIPPING ACT. 
 
 bill to limit liability of ship owner under, 45. 
 MINUTES. 
 
 of decree or order, 346. 
 
 appointment to settle, 347. 
 notice of motion to vary, 348. 
 MISNOMER. 
 
 answer of defendant misnamed in bill, 126. 
 MORTGAGE SUITS.— MORTGAGEE.— MORTGAGOR, 
 accounts of mortgagee, 925, 926. 
 affidavit of mortgagee not in possession, 923. 
 in possession, 924. 
 for final order, 684r-6. 
 subsequent incumbrancer proving claim, 927. 
 execution creditor proving claim, 928, 
 service of office copy bill, foreclosure, 188. 
 sale, 189. 
 demand of possession after final order, 719. 
 in support of motion to enlarge time for redemption, 676. 
 
 open foreclosure, 689. 
 verifying power of attorney, 683. 
 appointment T, 922. 
 bill for foreclosure, 29. 
 
 by mortgagee, by deposit, 41. 
 and to restrain waste, 70. 
 
 by representatives of deceased mortgagee on 
 mortgage to secure maintenance, 86. 
 sale, 29, 42, 85, 87. 
 decree on praecipe, for foreclosure, with reference, 340. 
 
 account taken, 342. 
 against infants, account taken, 343. 
 or sale against infants, with refer- 
 ence, 344. 
 sale, account taken, 341. 
 reference, 340. 
 demand of possession, by mortgagee after final order, 718. 
 
 affidavit of service of, 719. 
 encumbrancers, notice to, 921 ; affidavit of service, 327. 
 endorsement, on office copy bill, for foreclosure, 178. 
 
 sale, 177. 
 enlarging time to redeem, notice of motion for, 675 ; affidavit in 
 
 support, 676. 
 final order, affidavit of mortgagee for, 684-686. 
 
 bank manager's certificate of non-payment, for, 682. 
 foreclosure, 687. 
 sale, 688. 
 foreclosure, bills for, 29, 41, 70, 86. 
 
 endorsement of office copy bUls, 178. 
 final order for, 687. 
 service of bill for, affidavit of, 188. 
 opening, notice of motion for, 689. 
 affidavit in support, 690. 
 
INDEX. 663 
 
 MORTGAGE SUITS. -MORTGAGEE. -MORTGAGOR-/Co9*med). 
 mortgagee, accounts of, 925-6. 
 
 affidavit of, proving claim, 923, 924. 
 
 for final order, 684-6. 
 bUl by, for foreclosure, 29, 41. 
 sale, 29, ?7. 
 administrator of, for sale, 85. 
 executors of, for specific performance, &c., 42. 
 consent of, to sale of infant's estate, 769. 
 mortgagor, deceased, bill against representatives of, for sale, 87. 
 new day, order to appoint, 678. 
 note of defendant for sale, 166 (2). 
 notice to defendant to conduct sale, 740. 
 
 encumbrancer T. , 921 ; affidavit of service, 327. 
 of motion, to enlarge time for redemption, 675. 
 affidavit in support, 676. 
 to continue accounts, and appoint a new day, 677. 
 open foreclosure, 689 ; affidavit in support, 690. 
 for delivery of possession, 720 ; demand of posses- 
 sion by mortgagee after final order, 718 ; affi- 
 davit of service, 719. 
 opening foreclosure, notice of motion for, 689. 
 
 affidavit in support, 690. 
 order to take new account, and appointing new day, 678. 
 
 final, 687-8. 
 power of attorney to receive money, 681 ; affidavit verifying, 683. 
 report, where no parties added, foreclosure, 967 ; sale, 970. 
 
 where parties added, but do not prove, foreclosure, 968. 
 
 sale, 971. 
 where defendant by bUl is also an encumbrancer, 977. 
 where parties added and some prove, foreclosure, 969. 
 
 sale, 972. 
 subsequent, 973,976. 
 redemption suits, in, 974. 
 derivative mortgage suit, ia, 975. 
 sale, bm for, 29, 42, 85, 87. 
 
 affidavit of service of, 189. 
 endorsement on office copy, 177. 
 final order for, 688. 
 note by defendant requiring, 166 (2). 
 notice to defendant to conduct, 740. 
 subsequent incumbrancer, affidavit proving claims, 927, 928. 
 
 notice to, 921 ; affidavit of service, 327. 
 MOTIONS. See Notice of Motion. 
 
 MOTION FOR DECREE. . . , „„^ 
 
 consent to hearing of, before time for answering expired, m. 
 notice of motion for leave to read further affidavits on, 209, 212, 
 
 215. 
 notice of hearing, 204^5. 
 prsecipe to set down, 203. 
 MULTIFARIOUSNESS. 
 
 demiorrer for, 108. 
 MUNICIPAL CORPORATION. 
 
 by-law of, bill to set aside, 74. 
 NAME AND ADDRESS. 
 
 of solicitor, endorsement of, 168-173. 
 NE EXEAT PBOVINCIA. See Aekest. 
 NEW TRIAL. 
 
 notice of motion for, 381. 
 
664 INDEX. 
 
 NEXT FRIEND. See Infant. Mabeied Woman. 
 NEXT OE KIN. 
 
 advertisement for, 893 ; affidavit as to, 894. 
 affidavit by, in support of motion for administration order, 760. 
 NOTE FOR SALE. 
 
 in mortgage suit, 166 (2). 
 NOTICE. 
 
 absconding defendant, to, where served by publication, 448. 
 accounts, of iiling, 909. 
 
 address, of party or solicitor iiling bill or suing out process, 168- 
 173. 
 change of, 174. 
 admit, to, 240 ; affidavit of service of, 242. 
 affidavit, of filifig of, 185, 320. 
 reading, 262, 321. 
 answer, of filing, 18] . 
 
 reading, 211. 
 attornment, of, to sequestrators, 366 ; to receiver, 628. 
 bond for security for costs, of deposit of, 398. 
 change of address, for service, 174. 
 claim of creditor, 868. 
 claimants. See Quieting Titles Act. 
 
 conduct of sale, notice to defendant that he may take, 740, 934. 
 creditor, of claim of, 868. 
 
 to, that claim allowed, 886. 
 
 that cheque can be obtained, 889. 
 to produce documents under Ord. 477., 879. 
 prove claim, 887. 
 decree, of, to creditor proceeding at law, 577. 
 demand olF possession by purchaser, 713. 
 encumbrancers, to, 921 ; affidavit of service of, 327. 
 endorsement of, on decree, 357-8. 
 decree nisi, 373. 
 
 for service on infant, on attaining 
 majority, 351. 
 office copy decree, served on parties in Master's 
 
 office, 364, 913. 
 office copy bill for service, 176. 
 
 in mortgage suits, sale, 177. 
 foreclosure, 178. 
 alimony suit, 179. 
 examination and hearing, of, 202. 
 
 examination of officer of corporation for discovery, for, 554. 
 party for discovery, for, 553. 
 witness, for, 264, 272. 
 filing, of, accoiints, 909. 
 
 affidavits, 185, 320. 
 
 in answer, 211. 
 in reply, 214. 
 answer, 181. 
 
 and demurrer, 183. 
 bond as security for costs, 398. 
 demurrer, 182. 
 
 and answer, 183. 
 replication, 184. 
 special case, 817. 
 surcharge, 911. 
 
 suggestion in Supreme Court, 862. 
 further directions, of hearing on, 218. 
 
INDEX. (365- 
 
 NOTICE— (Coftiiwiet^;. 
 hearing, of, 202. 
 
 on bill and answer, 204. 
 on further directions, 218. 
 of petition, 389. 
 special case, 826. 
 . . appeal in Supreme Court, 862. 
 
 injunction, of granting of, 599. 
 inspection, of documents produced, for, 540. 
 motion, of. &c post, Notice op Motion.— (Forms of). 
 name of obligor in bond for security for costs, of, 399. 
 name and address of party suing in person, of, 172-3. 
 
 solicitor, of, 168-171. 
 objection, of, to surety in bond for security for costs, 400; 
 possession, to deliver to purchaser, 713. 
 
 by vendor, appointing time for giving, 714. 
 production of documents, of, 539. 
 
 witness before examiner, for, pursuant to undertak- 
 ing, 272. 
 documents, for, 243 ; affidavit of service of, 244. 
 proving registered instrument by copy, for, 234. 
 will by probate, for, 232. 
 
 notice to produce original instrument, 233, 235. 
 rehearing, of, 224. 
 reading affidavits, &c., of, 262. 
 
 previously filed, 321. 
 answer, of, 211. 
 replication, of filing, 184. 
 sale, to defendant to conduct, 740,' 934. 
 solicitor, of appointment of new, 702. 
 
 in place of one deceased, 998-9. 
 of his acting for new plaintiflf, 1000. 
 special case, of filing, 817. 
 suggestion in Supreme Court, of filing, 862. 
 surcharge, of filing, 911. 
 
 surety, of objection to, in bond for security for costs, 400. 
 tenant, to, to attorn to sequestrators, 366, to receiver, .628. 
 using proceedings in another cause, 231. 
 notice T., 921 ; affidavit of service of, 327. 
 NOTICE OF MOTION. 
 
 in chambers, 384-5. 
 
 Court, formal parts, 382-3. 
 to local Master, 386. 
 
 affidavit of service of, 322. 
 NOTICE OF MOTION (Forms of). See Petitions. 
 affidavits, for further time to file, 210, 213. 
 
 1. Administration Suits. 
 
 administration order, for, 757 ; affidavit in support, 758, 761. 
 
 and to restrain creditor, 578 ; affidavit in 
 support, 579. 
 administrator ad litem notice of motion to appoint, 569 ; to dispense 
 
 with appointment, 570. P*'«^ 
 
 by personal representative to restrain creditor, pending takmg ot 
 account, 763 (1) ; do. where account has been taken, 763 (2) ; 
 to deposit fund to meet a contingent liability, 763 (3). 
 by creditor to prove claim, after direction to apportion fund, 885. 
 
 2. Alimony. 
 
 interim, for, 562 ; affidavit in support, 563. 
 
666 INDEX. 
 
 NOTICE OP MOTION (Forms ov)— (Continued). 
 3- Amendments. 
 
 to amend bill after answer, 465 ; and withdraw replication, 459. 
 
 by making a defendant, of a oo-plaintiflf refusing to 
 
 proceed, 461. 
 without prejudice to contempt, 457. 
 of. husband and wife, by making it bill of wife alone 
 
 by her next friend, 458. 
 clerical error, after decree, 453. 
 to enlarge time for amending bill, 464. 
 
 for obtaining order of course to amend biR, 462. 
 to take amended bill off files, or to strike out amendments, 467-8. 
 to, amend Master's report, 475. 
 writs, &c., 476. 
 
 4. Answer. 
 
 for time to answer, 527. 
 
 leave to answer after bill jjro con. , 528. 
 leave to file amended answer, 470. 
 
 supplemental answer, 471 ; affidavit in support, 472. 
 
 5. Appeal- 
 
 for leave to appeal from report, 524 ; affidavit in support, 525. 
 
 6. Arbitration. 
 
 for order of reference, 833. 
 
 to stay suit, after reference agreed on, 829. 
 to make submission order of Court, 827. 
 
 affidavit in support, 828. 
 
 appoint arbitrator, 831. 
 
 enlarge time for making award, 834. 
 
 make award order of Court, 837 ; affidavit in support, 836. 
 
 set down special case stated by arbitrator, 838. 
 
 set aside award, 839. 
 
 remit award, 840. 
 
 revoke appointment of arbitrator, 832. 
 
 7. Changing Venue. 
 
 to change venue, 565 ; affidavit in support, 556-7. 
 
 8. Contempt. 
 
 to commit for breach of injunction, 604 ; affidavit in support, 605. 
 non-production, 551 ; order to commit, 552. 
 for contempt in Master's office, 668. 
 
 Master's certificate in support, 669 ; 
 order to commit, 670. 
 commit for marrying ward of Court, 790. 
 commit witness, 273 ; affidavit in support, 274. 
 compel a witness to attend again at his own expense, 299. 
 discharge from custody, 606, 671 ; Master's certificate, 673 ; 
 
 affidavit in support, 672. 
 where arrest made in contempt of 
 Court, 372. 
 
 9. Costs. See Taxation op Costs. 
 
 by defendant for costs occasioned by statements in bill struck out by 
 
 amendment, 469. 
 of suit for discovery, 101. 
 
 to perpetuate testimony, 103. 
 
INDEX. 667 
 
 TSOTICE OF MOTION (Forms OT)-(Oontmued). 
 
 for payment of costs of unsuccessful claim in Master's office, 882. 
 
 out of Court ot costs to one solicitor instead of another, 
 665. 
 to stay proceedings till costs for former suit paid, 497. 
 10. Decreesj 
 
 for substitutional service of, 361. 
 to vary minutes of, 348. 
 
 compel return of engrossment of minutes of decree or order for 
 entry, 349. 
 
 enlarge time for obeying decree, 359. 
 
 limit time for obeying decree, 360. 
 
 11- Dismissing Bills. 
 
 by subsequent incumbrancer, on bringing fund into Court, 496. 
 defendant, against representative of deceased plaintiff, where suit 
 
 abated, 509. 
 defendant, for, against surviving plaintiff, 510. 
 representatives of deceased defendant, for, 511. 
 defendant, for, against assignee of bankrupt sole plaintiff, 512. 
 for non-attendance of plaintiff to be examined, 508. 
 non production, 508. 
 want of prosecution, 502-3. 
 non-payment of costs of former suit, 498. 
 non-service of bill, 506. 
 
 affidavit in support, 507. 
 or for enquiry whether suit for the benefit of infant 
 plaintiff, 483. 
 plaintiff to dismiss after answer without costs, 491. 
 
 as to some defendants after answer with costs 
 without prejudice as to how same to be 
 ultimately borne, 492. 
 enlarge undertaking to speed cause, 503. 
 See infra Restoring Btlls. Staying Peoceedings. Taking 
 Proceedings off the Files. 
 
 12. Examination de bene esse. See Evidence. 
 
 13. Examination of Judgment debtor. 
 
 to examine execution debtor, 749, 753. 
 
 affidavit in support, 754. 
 commit debtor, for non-attendance to be examined or unsatisfac- 
 tory answers, &c., 755. 
 
 14. Election. 
 
 for further time to elect, 518. _ 
 to discharge order to elect, 515. 
 
 15. Evidence. 
 
 for leave to prove exhibits at hearing by affidavit, 248. 
 
 to appoint special examiner, 268, 270 ; affidavit m support, 271. 
 
 commit witness, 273 ; affidavit in support of, 274. 
 
 compel attendance of witness, 273, 275. 
 
 compel witness to produce document, 276. 
 
 compel witness to attend again at his own expense, ^yy. 
 
 enlarge time for taking evidence, 263. . , ooq 
 
 examine witness de bene esse, 292 ; affidavit, m support, I'dd. 
 
 use evidence taken de bene esse, 296. 
 
 affidavit in support, 297. 
 
668 INDEX. 
 
 NOTICE OF MOTION (Pokms ov)— (Continued). 
 
 16. Examination pro interesse suo. 
 
 to be exarcdne A pro interesse suo, 371. 
 
 17. Foreclosure— Opening— Enlarging time to Redeem- 
 
 to continue accounts and appoint new day, 677. 
 
 enlarge time to redeem, 675 ; affidavit in support, 676 , 
 open foreclosure, 689 ; affidavit in support, 690. 
 
 18- Guardian ad litem. 
 
 for appointment of, to infant defendant, in lieu of one deceased, 
 422 ; affidavit in support, 423. 
 lunatic defendant so found, where commit- 
 tee adversely interested, 429 ; affidavit 
 in support, 430. 
 lunatic defendant not so found, 43] , 437 ; 
 
 affidavit in support, 432, 438. , 
 lunatic defendant in lieu of one deceased, 
 
 433 ; affidavit in support, 434. 
 lunatic respondent not so found, 435 ; affi- 
 davit in support, 436. 
 lunatic not so found, at instance of plain- 
 tiff, 437 ; affidavit in support, 438. 
 removal of guardian ad litem and appointment of another, 425. 
 
 affidavit in support, 426. 
 to discharge order appointing guardian ad litem to a lunatic, 439. 
 
 19. Infants. 
 
 for allowance for maintenance of infant, 782 ; 
 
 affidavit in support, 783. 
 increased allowance for maintenance, 784 . 
 appointment of guardian to person, 772. 
 
 and estate, 773. 
 affidavit in support, 774. 
 appointment of new next friend to infant, 415, 419. 
 commitment of husband for marrying, 790. 
 enquiry, as to validity of marriage of ward, 791 . 
 enquiry whether suit for benefit of, 481, 483. 
 leave to article or apprentice, 787 ; affidavit in support, 789. 
 leave for a ward of Court to marry, 794. 
 removal of guardian to infant, 777 ; affidavit in support, 778. 
 infant out of jurisdiction, 779. 
 
 to extend time for his return, 781. 
 stay of proceedings in suit by, on coming of age, 485. 
 striking out name of, as plaintiff, 486. 
 
 20. Injunction. 
 
 for interim order, in nature of, 595. 
 
 time to file affidavits on motion for, 598. 
 general form of, 580. 
 to restrain action at law, 581. 
 
 creditor in administration suit, 578 ; affidavit in support, 
 
 579. 
 distress for rent, 586. 
 felling of timber, 592. 
 getting in partnership assets, 588. 
 infringement of copyright, 583. 
 patent, 584. 
 trade mark, 585. 
 
INDEX. 
 
 669 
 
 NOTICE OF MOTION (Forms OY}-(CmUmted). 
 to restrain interference with lights, 582. 
 marrying ward of Court, 591. 
 pollution of river, 587. 
 public company, action by, 589. 
 transfer of ship, 590. 
 amend bill, without prejudice to pending motion for, 597 
 dissolve, 601. 
 discharge order for, for irregularity, 602. 
 
 21. Investment of Trust Fund. 
 
 to approve of investment of trust fund, 698. 
 
 „„ ^ , . affidavit in support, 699. 
 
 22. Irregularity. 
 
 to set aside proceedings for, 519. 
 
 23. Issue of Fact. 
 
 for new trial of, 381. 
 
 to fix day for trial of, 380. 
 
 24. Ne exeat. See Arrest, Writ of. 
 
 25- Next Friend. 
 
 by female plaintiff marrying, to appoint, for herself and infant co- 
 plaintiff, 442. 
 for removal of, of lunatic, 428. 
 to change, of a married woman, 440. 
 
 compel married woman to name new, 489-90. 
 
 26. Payment out of Court. 
 
 by husband and wife for payment of money out of Court, 654. 
 
 affidavit in support, 655. 
 to pay incumbrancers out of fund in Court, 653. 
 
 27- Possession. 
 
 for delivery of, to mortgagee after final order, 720. 
 purchaser, 717. 
 
 28. Pro Confesso. 
 
 for leave to come in after decree pro confesso, 353. 
 order pro confesso for default of answer, 530. 
 
 non-production, or non-attendance, to be 
 examined, 532. 
 against absent defendant, 451. 
 Registrar to issue decree on praecipe, 531. 
 
 29. Production of Cestui que vie. 
 
 for production of Cestui que me, 841, 843. 
 
 affidavit in support, 842, 844. 
 30- Production of Documents. 
 
 for affidavit as to possession of specified documents, 544. 
 
 better affidavit on production, 541. 
 
 delivery out of documents produced, 547 ; receipt, 648. 
 
 further time to file affidavit on production, 546. 
 
 leave to seal up irrelevant matter in documents produced, 546. 
 
 production of documents objected to be produced, 543. 
 to commit for non-production, 551 ; order thereon, 552, 
 
 31. Receivers. 
 
 by surety, for leave to attend passing of receiver's accounts, 645. 
 for appointment of receiver, 617, 618. 
 
670 INDEX. 
 
 NOTICE OF MOTION (Forms ov)—{Contimi,ed). 
 
 for leave to a party to cause, to propose himself as receiver, 620. 
 leave for receiver, to sue or defend, 727-9. 
 carry on business, 730. 
 pay debts, 731. 
 compromise, 732. 
 repair, &c., 733. 
 obtain renewal of lease, 734. 
 grant lease, 735 ; affidavit in support, 736. 
 to put receiver's recognizance in suit, 640. 
 tenant to attorn and pay rent to receiver, 630-1. 
 to compel receiver to give further security, 644. 
 
 pay in balance, 639. 
 to vacate receiver's recognizance, 643. 
 
 32. Rehearing. 
 
 for leave to rehear, 520. 
 
 affidavit in support, 521 . 
 to stay proceedings pending, 522. 
 
 affidavit in support, 523. 
 
 33- Replication. 
 
 to enlarge time for filing replication, 208, 216. 
 withdraw and amend bill, 459. 
 
 34- Representative of Estate. 
 
 for appointment of person to represent estate of deceased party, 
 
 569. 
 or dispense with representation of deceased party, 570. 
 
 35- Restoring Bills. 
 
 to restore bUl, 505. 
 
 36. Sale— Re-Sale. 
 
 by purchaser for compensation, 712. 
 to be discharged, 706. 
 vendor to discharge purchaser, 707. 
 for leave to bid at sale, 703, 942. 
 
 delivery of possession to purchaser, 71 7. 
 re-sale, 704. 
 
 payment of deficiency on re-sale, 704. 
 vesting order, 721. 
 to compel payment of purchase money, 704. 
 
 dispense with payment of purchase money into Court, 723. 
 open biddings and for re-sale, 711. 
 substitute purchaser, 708. 
 
 affidavit in support, 709-10. 
 
 37. Scandal. 
 
 to take affidavit off files for scandal, 526. 
 
 38. Security for Costs. 
 
 for security for costs, 390-1 
 
 further security for costs, 393-4. 
 
 leave to pay fund into Court in lieu of giving bond as securitv 
 for costs, 402. -^ 
 
 to discharge order for security for costs, 403-4. 
 
 39. Service— Substitutional. 
 
 for substitutional service of bill, &c., 594. 
 decree, 361. 
 
INDEX. 671 
 
 NOTICE OF MOTION (Forms o^)—(ConUniied). 
 40- SecLuestration— Sequestrators, 
 for sequestrator to accoxmt, 370. 
 
 tenant to attorn to sequestrator, 368. 
 
 affidavit in support, 369. 
 
 41. Special Case. 
 
 for appointment of guardian to lunatic or infant to consent to 
 special case, 813. 
 
 affidavit in support, 814-15. 
 leave to set down special case where infants, &o. , concerned, 824. 
 production of documents on special case, 825. 
 to amend special case, 820. 
 
 42. Specific Performance Suits. 
 
 for enquiry as to title, 691. 
 
 to fix time for payment of purchase money and for specific per- 
 formance, 693. 
 
 43- Staying Proceedings- 
 
 by co-plaintiff to strike his name out of bill filed without his autho- 
 rity, 478. 
 
 affidavit in support, 479 . 
 to stay one of two suits brought in the name of an infant, 482. 
 one of two creditors' suits, 501. 
 
 suit, by defendant submitting to plaintiflf's claim, 494-5. 
 tiU plaintiff clear his contempt, 500. 
 for non-payment of interlocutory costs, 499. 
 pending rehearing, 522. 
 
 affidavit in support, 523. 
 See supra, Dismissing Bills ; and infra, Taking Prooeedings 
 OFF THE Files. 
 
 44 Stop Order 
 
 for stop order, 608, 611-12. 
 
 affidavit in support, 609, 614. 
 to discharge stop order, 615. 
 
 45. Supplemental Statement. 
 
 for leave to file supplemental statement, 574. 
 
 affidavit in support, 675. 
 
 46. Taking Proceedings off the Files- 
 
 by sole plaintiff to take bill filed without authority off file, 477- 
 to take information off file, 480. 
 
 47- Taxation of Solicitor's BiU- 
 
 by third party for taxation of solicitor's bill, 1015. 
 client for taxation of unpaid bill after a year, 1016. 
 
 a paid biU, 1017. 
 solicitor to extend time to deliver bill of costs, 1018. 
 
 48- Trustees- 
 
 by trustees for leave to sue or defend, 727-9. 
 carry on business, 730. 
 pay debts, 731. 
 compromise, 732. 
 repair, &c., 733. 
 obtain renewal of lease, 734. 
 grant lease, 735. 
 affidavit in support, 736. 
 
672 INDEX. 
 
 NUNC PRO TUNC. 
 
 notice of motion to enter decree or order, 350. 
 OATH. See Affirmation. Jurat. 
 
 of witness before examiner, 257-8. 
 
 examined before the Court, 252. 
 Scotch Covenanter, 253. 
 OBJECTIONS. 
 
 to abstract of title, 954 ; notice endorsed, 955. 
 
 and requisitions on title, 962 ; notice endorsed, 963. 
 answers to, 956. 
 OFFICIAL ASSIGNEE. 
 
 bin by, to avoid deed by insolvent, 67. 
 description of in, 13. 
 OPENING BIDDINGS. 
 
 notice of motion for, 71 1. 
 ■ORDERS. See Decree. 
 
 amending, petition for, 473-4. 
 endorsements on. See Endorsements. 
 entering mmc pro tunc, notice of motion for, 350. 
 formal parts of, 338-9. 
 
 minutes of, 346 ; registrar's appointment to settle, &c., 347. 
 notice of motion to return engrossment of, 348. 
 service, affidavit of, 323 
 
 on a substitute, affidavit of, 325. 
 (Forms of.) 
 
 adding parties in Master's office, 365, 914. 
 administration, 345. 
 allowing service of bill, 444-5. 
 amending bill, 465. 
 
 enlarging time for plaintiflf to obtain order, 462. 
 appointing committee of lunatic, 811. 
 guardian ad litem, 427. 
 new day for redemption, 680. 
 bond for security for costs, to assign, 406. 
 changing solicitor, 701. 
 committee of lunatic, appointing, 811. 
 commission to take evidence, for issue of, 281. 
 commit for contempt in Master's office, to, 670. 
 non-production, to, 552. 
 judgment debtor, to, 756. 
 dismissing biU with costs, 513. 
 final, of foreclosure, 687 ; of sale, 688. 
 guardian ad litem, appointing, 427. 
 injunction, interim, for issue of, 596. 
 
 interpleader, caUing on claimant and execution creditor to show 
 cause, 741. 
 barring claimant, 744. 
 
 execution creditor, 745. 
 where neither claimant nor creditor appear, 746. 
 disposing of claims, 747. 
 directing issue, 748. 
 letters rogatory, for issue of, 282. 
 Master's, adding parties, 365, 914. 
 
 for serving decree under Order 60., 912. 
 new day, to take new account and appoint, 678-9. 
 
 appointing for redemption, 680. 
 next friend, for married woman to change, 441. 
 pro confesso, where bill served by publication, "450. 
 
INDEX. gi^g 
 
 ORDER (Forms of )— (Continued). 
 
 production, for, 534, 536 ; prtecipe for, 533. 
 rescinding contract in specific performance suit, 695 
 revivor, 567. 
 sale of infants' estate, for, 771. 
 
 final order of, 788. 
 service of bill, allowing, 444-5. 
 
 by publication, for, 44?. 
 decree, substitutional of, or dispensing with, for, 916. 
 settling property of ward of Court without deed, 796. 
 solicitor, changing, 701. 
 
 taxation of solicitors' bill, for, 1006, 1008, 1010, 1012 
 trial of issue, for, 375-6. 
 PARTIES. 
 
 adding in Master's office, order for, 365, 914. 
 
 endorsement on office copy decree, 915. 
 demurrer for want of, 107. 
 
 serving with decree in Master's office, order for, 912. 
 p . _ endorsement on office copy decree, 913. 
 
 bin for, 60, 84. 
 PARTNERSHIP. 
 
 affidavit by an accountant of result of investigation of accounts of, 
 
 929. 
 bill to wind up, 31, 32, 83. 
 Master's report in suit to wind up, 930. 
 
 notice of motion to restrain getting in of partnership assets, &c., 588. 
 PATENT. 
 
 bill to restrain infringement of, 43. 
 
 notice of motion for injunction to restrain infringement of, 584. 
 PAUPERS. See Formd Pauperis. 
 PAYMENT OF MONEY INTO COURT. 
 
 affidavit of having cast up schedules, &c., of amount to be paid into 
 
 Court, 647, 648, 649. 
 praecipe for direction to Bank to receive money, 646. 
 PAYMENT OP MONEY, &c., OUT OE COURT. 
 
 affidavit as to residue of fund to be dealt with, 651. 
 
 of husband and wife for payment out of fund leas in gross 
 
 than $600, or annual payments of $50, 660-1, 
 for payment to survivors of personal representatives, 662-4. 
 of person being alive, 666. 
 that person has attained full age, 667. 
 examination of married woman, as to disposition of fund, and Mas- 
 ter's certificate, 657-8. 
 notice of motion to pay incumbrance out of fund in Court, 652. _ 
 
 by husband and wife for payment out of wife's 
 share, 654. 
 to take married woman's examination as to dispo- 
 sition of fund in Court, 656. 
 for settlement of wife's fund, 659. 
 
 payment of costs to one solicitor instead of 
 another, 665. 
 petition of husband and wife for payment out of wife's fund, ex- 
 ceeding in gross $600, or annual payments of $50, 653. 
 
 affidavit in support, 655. 
 PERPETUATE TESTIMONY (Suits to). 
 form of bill, 102. 
 notice of motion by defendant for payment of costs of, 103. 
 
 43 
 
674 INDEX. 
 
 PERSONAL ESTATE. See Administration. 
 PERSONS OP WEAK MIND. See Lunatic. 
 PETITION. 
 
 formal parts of, 387-9. 
 hearing, notice of, 389. 
 service, affidavit of, 324. 
 (Forms of.) 
 
 amend decree, to, 356. 
 
 clerical error in a decree or order, 473-474. 
 creditor, by, for leave to prove claim after time elapsed, 884. 
 decree mid, to vacate, 374. 
 
 defendant, by, to come in, after decree ^o con., 352. 
 husband and wife, by, for payment of money out of Court, 653. 
 
 affidavit in support, 655. 
 infant, to enquire into validity of marriage of, 792. 
 interdict marriage of, 789. 
 for leave to marry, 793. 
 to dismiss bill of, on coming of age, 484. 
 infants' estate, for sale of, 764. 
 investment, for, of fund in Court, 697. 
 lunatic, for appointment of committee to, 801-802. 
 
 affidavit in support, 803-8. 
 guardian to, 785. 
 quiet title, to. See Quieting Titles Act. 
 receiver, by defendant for appointment of, 619. 
 receiver's recognizance, to vacate, 641. 
 stop order, for, 607, 613. 
 
 affidavit in support, 609, 614. 
 taxation of bill of costs by soUcitor for, 1005 ; order, 1006. 
 
 by third party before action, 1007 ; order, 1008. 
 after action, 1009 ; order, 1010. 
 trustees, by, f9r advice, 800. 
 
 to pay trust fund into Court, 797. 
 
 affidavit in support, 798 ; order thereon, 799. 
 under Trustee Act, 1850, for appointment of person to convey, where 
 
 trustee dead without heir, 845. 
 under Trustee Act, 1850, for appointment of new trustees, 846. 
 PLAINTIFF. 
 
 modes of describing in bills, 3-23. 
 PLAN. 
 
 registered, bill to remove, 73. 
 PLEADINGS. See Answers. Bills. Dbmurkbks. Disclaimers. Re- 
 plication. 
 endorsements on, 168-179. 
 printing, 1, note (o). 
 style of cause in answers, 1 15, note (a). 
 biUs, 1. 
 
 demurrers, 104. 
 disclaimers, 113. 
 replications, 167. 
 POSSESSION. 
 
 demand of, 715 ; affidavit of service of, 716. 
 
 by mortgagee, 718 ; affidavit of service, 719. 
 notice requiring delivery of, 713. 
 
 appointing time for delivery of, 714. 
 of motion for delivery of, 717. 
 
 by mortgagee for delivery of, 720. 
 POSTERS. 
 
 affidavit of pubhoation, 948. 
 
INDEX. 675 
 
 POWERS OF ATTORNEY. 
 
 from mortgagee to receive mortgage money, 681. 
 PR.iECIPE. 
 
 for cheque, 650. 
 
 direction to bank to receive money, 646. 
 order to amend bill, 452, 454, 466. 
 
 appointing guardian ad litem, 421, 424. 
 to change solicitor, 700, 992 ; to act in person, 993. 
 agent, 996 ; order, 997. 
 appoint solicitor for separate application by a co-plain- 
 
 tiflf, 995. 
 produce, 533. 
 to amend biU, 466. 
 
 special case, 821. 
 enrol proceedings, 354. 
 
 set cause down for hearing, on bill and answer, or motion for de- 
 cree, 203. 
 examination and hearing, 201 . 
 on further directions, 217. 
 for rehearing, 223. 
 special case for argument, 822. 
 PRECIPE DECREES, 
 forms of, 340-2. 
 PRA.YER OF BILL. Sec Bill op Complaint (Forms of). 
 account by principal against agent, for, 97. 
 adoption of proceedings in other suits, for, 93. 
 assets, that defendant may admit, 92. 
 boundaries, to ascertain, 94. 
 declaration of right, for, 95. 
 partition, for, 96. 
 PRINCIPAL. 
 
 bUl by, against agent, 82. 
 PRINTING. 
 
 pleadings, manner of, 1, note (a). 
 PRIVY COUNCIL. 
 
 bond for security for costs on appeal to, 851. 
 to stay execution, 853. 
 PROCEEDINGS IN ANOTHER CAUSE. 
 
 notice of using, 231. 
 PRO CONFESSO. See Okdbr. Notice of Motion. 
 
 notice of motion for order, 530-2. 
 PRODUCE. 
 
 notice to, 243. „,„ 
 
 PRODUCTION OF CESTUI QUE VIE. 
 notice of motion for, 841, 843 
 
 affidavit in support, 842, 844. 
 PRODUCTION OF DOCUMENTS, 
 affidavit on, 536. 
 Master's direction for, 892. 
 notice of, 539. 
 notice to produce, 243. 
 
 inspect papers produced, 540. 
 
 of motion, for, on l^^^^^^^^Le. to be produced, 643. 
 
 by a witness, 276. 
 for affidavit as to certain specified documents, 544. 
 
 better affidavit, 541 ; order therefor, 542. 
 to commit for non-production, 551 . 
 
676 INDEX. 
 
 PRODUCTION OF J)OCVMENT&—( Contirmed). 
 
 notice of motion to seal up parts of documents produced, 546. 
 
 for delivery out of documents, 547. 
 order for, 534 ; prascipe for, 533. 
 
 by corporation aggregate, 535. 
 better affidavit, 542. 
 PBO INTEBESSE SUO. 
 
 notice of motion for examination, 371 . 
 PROMISSORY NOTE. 
 
 affidavit proving claim on, 875. 
 PURCHASER. See Abstract ov Title. 
 
 notice of motion by, to be discharged, 706. 
 
 vendor to discharge, 707. 
 to substitute, 708 ; affidavit in support, 709-10. 
 for compensation, 712. 
 to dispense with payment of purchase money into 
 
 Court, 723. 
 for vesting order, 721. 
 QUIETING TITLES ACT. 
 
 adverse claim, 1041 ; affidavit verifying, 1042. 
 advertisement, 1036 ; directions for advertising, 1036a. 
 affidavit of petitioner, 1029. 
 
 as to Crown debts, 1034. 
 proving possession, 1035. 
 analysis of title by referee, 1038, 1039. 
 appeals from Referee of Titles, notice of hearing, 222. 
 
 prsecipe to set down, 221. 
 certificate of counsel, 1030. 
 
 filing petition, for registration, 1027. 
 
 Registrar, 1028. 
 
 Sheriff, 1033. 
 
 Treasurer, 1032. 
 
 title, where petitioner has legal estate, 1044. 
 
 equitable estate, 1045. 
 Chancery deed, 1046. 
 
 consent of person appearing to have adverse claim, 1037. 
 contestant, notice to, 1040. 
 claim of, 1041. 
 
 affidavit verifying, 1042. 
 notice to person interested, 1040. 
 petition, 1026. 
 
 certificate of filing for registration, 1027. 
 Referee's memorandum of defects in proofs, 1043. 
 Registrar's certificate, 1028. 
 schedule of particulars, 1031. 
 Sheriff's certificate, 1033. 
 tariff of fees under, 1023. 
 
 Treasurer's certificate of payment of taxes, 1032. 
 REALTY. See Administbation. 
 RECEIPT. 
 
 for purchase money, 724. 
 RECEIVER. 
 
 accounts of, 638 ; affidavit verifying, 637. 
 action, notice of motion for leave to bring, 633. 
 
 defend, 636, 728-9. 
 compromise, 636, 732. 
 affidavit of fitness of, 624. 
 
 as to value of property, &c., 623. 
 verifying accounts of, 637. 
 
INDEX. ^1717 
 
 RECBIVEB^ConiMraed). 
 
 appointment of, bill for, 44, 83. 
 
 notice of motion for, 617, 618. 
 
 . ^ J^i^*^"'^ *°'' ^y a defendant, 619. 
 appointment of, 627. , ' 
 
 counter proposal, 622. 
 
 notice of motion for leave to party to propose him- 
 
 undenvriting warrant for, 621. 
 attornment to, notice to tenant to attorn, 628 
 of tenant, 629. 
 
 notice of motion to compel, 630-1. 
 debts, notice of motion for leave to pay, 731. 
 discharge, notice of motion for, 642. 
 distress, notice of motion for leave to make, 632. 
 notice to tenant to attorn, 628. 
 
 of motion for appointment of, 617-18. 
 
 by surety to attend passing accounts of, 645. 
 to compel tenant to attorn and pay rent to, 630-1. 
 for further security by, 644. 
 to compel payment by, 639. 
 f8r leave to party to propose himself as, 620. 
 distrain, 632. 
 
 bring action, 633, 636, 727. 
 defend action, 636, 728-9. 
 compromise, 732. 
 carry on business, 636, 730. 
 cut timber, &c. , 625. 
 pay debts, 636, 731. 
 obtain renewal of lease, 636, 734. 
 grant lease, 636, 735. 
 execute repairs, drainage works, &c., 
 636, 733. 
 to discharge, 642. 
 vacate recognizance, 643. 
 passing accounts, notice of motion iDy surety for leave to attend, 
 645. 
 Master's report on, 978. 
 petition by defendant for appointment of, 619. 
 
 to vacate recognizance of, 641. 
 prayer in bUl for appointment of, 616. 
 recognizance of, 625 ; affidavit of sureties, 626. 
 
 notice of motion for leave to sue, 640. 
 vacating, notice of motion, 643. 
 petition for, 641. 
 rent, notice of motion to compel tenant to pay, 630-1. 
 report of Master on passing accounts of, 978. 
 underwriting warrant for appointment of, 621. 
 EECOGNIZANCE. 
 
 notice of motion for leave to put in suit, 640. 
 
 to vacate, 643. 
 petition to vacate, 641. 
 receiver's, 625 ; affidavit of sureties, 526. 
 RECORD. 
 
 for trial of issue, 377-8. 
 REDEMPTION. See Moktgage Suits. 
 bm for, 30, 69. 
 
678 INDEX. 
 
 REFEREE IN CHAMBERS. 
 
 appeals from, notice of hearing, 222. 
 
 praecipe to set down, 221. 
 REFEREE OF TITLES. See Qtjieting Titles Act. 
 
 appeal from, notice of hearing, 222. 
 
 praecipe to set down, 221. 
 REGISTERED PLAN. 
 
 biU to remove, 73. 
 REGISTRAR OP DEEDS. 
 
 production by, of original documents — affidavit for, 236-7. 
 
 order for, 238. 
 '' subpoena for, 239. 
 REHEARING. See Notice op Motion (Forms of.) 
 
 notice of, 224. 
 
 praecipe to set down, on, 223. 
 RELATOR. 
 
 certificate of his ability to pay costs, 26. 
 
 consent to his name being used, 28, 983-5. 
 
 mode of describing in information, 4, 5, 7. 
 RELEASE. 
 
 allegation of in answer, 151. 
 RENTS AND PROFITS. 
 
 account of, 902. 
 
 affidavits verifying account of, 899, 903, 905. 
 REPLICATION. 
 
 form of, 167. 
 
 notice of filing, 184. 
 
 motion to enlarge time for filing,216. 
 
 withdraw and amend bO, 459. 
 REPORT. See Master. 
 
 notice of motion to amend, 475. 
 
 for leave to appeal from, 524. 
 
 affidavit in support, 525. 
 REQUISITION. 
 
 on title. See Abstract op Title. 
 
 to taxing officer to moderate bill, 920. 
 RE-SALE. 
 
 deficiency on, notice of motion for payment, 705. 
 
 notice of motion for, 704, 711. 
 RESERVED BIDDING. 
 
 affidavit as to amount to be fixed for, 940. 
 
 Master's directions to auctioneer in case of, 944. 
 
 note of, 945. 
 RESIDENCE. See Addbbss. 
 RESTORING BILL. 
 
 notice of motion for, 505. 
 RETAINERS. 
 
 by relator, 983-5 ; by next friend, 986-8. 
 
 to sue, 980-1 ; to defend, 982. 
 REVIVOR. 
 
 order of, 567 ; endorsement on, 568. 
 
 praecipe for order to revive, form of allegations in, on assignment, 
 death, lunacy, &c., 566. 
 
 SALE. 
 
 advertisement of, 936. 
 
 directions for publication, 936a. 
 affidavit verifying description of property, 937. 
 
 as to mode of lotting, 938. 
 
 to fix reserved bid, 940. 
 
INDEX. 679 
 
 SALE — (Contimied), 
 
 affidavit of fitness of auctioneer, &c., 939. 
 auctioneer as to result, 947. 
 publication of advertisements, 948. 
 bid, notice of motion for leave to, 703, 942. 
 
 reserved. Master's note of, 945. 
 bidding paper, 945a. 
 bill for, in mortgage suits, 29, 85, 87. 
 
 partition suit, 84. 
 certificate of Accountant of payment of purchase money, 722. 
 compensation, notice of motion for, 712. 
 conditions of, 943. 
 consent of mortgagee to, 769. 
 
 doweress to, 770. 
 contract of purchaser, 946 ; affidavit of execution, 949. 
 decree for, with reference, 340. 
 account taken, 341. 
 directions to auctioneer, 944. 
 discharging purchaser, notice of motion for, by purchaser, 706. 
 
 vendor, 707. bISwbS^ 
 dispensing with payment of purchase money into Court, notice of 
 
 motion for, 723. 
 receipt for, 724. 
 consent to, 725 ; affidavit verifying, 726 
 doweress, consent of, to sale, 770. 
 encumbrancer, consent of, to sale, 769. 
 
 infants' estate, consent of adults jointly interested, to sale of, 768. 
 mortgagee, to, 769. 
 widow, to, 770. 
 order for, 771. 
 petition for, 764. 
 Master's report on, 950. 
 note for, in mortgage suit, 166 (2). 
 
 of reserved bidding, 945. 
 notice to defendant to conduct, in mortgage suit, 740, 934. 
 opening biddings, notice of motion for, 711. 
 payment of purchase money, notice of motion to compel, 704. 
 deficiency on re-sale, 705. 
 
 notice of motion to dispense with, 723 ; consent, 725. _ 
 receipt for purchase money, 724; affidavit 
 verifying, 726. 
 possession, demand of, 713, 717 ; affidavit of service, 716. 
 notice of motion for delivery of, 717. 
 
 appointing time for delivery of, 714. 
 purchase money, certificate of payment of, into Court, 722, 
 
 consent to dispense with payment mto Court, 1^0. 
 
 affidavit verifying, 726. . ( 
 
 dispensing with payment into Court, notice ot 
 
 motion for, 723. 
 payment of, notice of motion to compel, 704. 
 
 deficiency on re-sale, notice of motion 
 for, 705. 
 receipt for, 724 ; affidavit verifying, 726. _ _ 
 purchaser, substituting, notice of motion for, 708 ; affidavit in sup- 
 port, 709-10. . „^^ 
 notice by, to vendor to deliver possession, 716. 
 of motion by, for compensation, 712. 
 to be discharged, 706. 
 
680 ^ INDEX. 
 
 SA.'LE—(CoKlMmed). 
 
 purchaser, notice of motion to compel payment of purchase money 
 
 by, 704 ; of deficiency on re-sale, 705. 
 report on, 950. 
 re-sale, notice of motion for, 711 ; notice of motion for payment of 
 
 deficiency on, 705. 
 reserved bid, ajEdavit to fix, 940 ; Master's note of, 945. 
 substituting purchaser, notice of motion for, 708. 
 
 affidavit in support, before report on sale 
 confirmed, 709. 
 after report confirmed, 710. 
 title. See Abstkaot op Title. 
 vesting order, notice of motion for, 721 . 
 SCANDAL. 
 
 notice of motion to take affidavit ofi' files for, 526. 
 SECURITY FOR COSTS. See Costs, SBcnBiiY fob. 
 SEQUESTRATION. 
 
 attornment of tenant, 367. 
 
 notice to tenant to attorn, 366 . 
 
 notice of motion for tenant to attorn, 368. 
 
 affidavit in support, 369. 
 examination pro interesse sxio, 371 . 
 sequestrator to account, 370. 
 SERVICE. See Allowance of Sekvioe of Bill. Affidavit op Service. 
 affidavit of, and of production of original, 326. ' 
 bill, affidavits of, 186, 190, 192-4. 
 by publication, affidavit for, 446. 
 order for, 447. 
 
 notice to defendant in case of, 448. 
 decree, or order, affidavit of, 323, 328, 363. 
 
 msi, notice to be endorsed on, for, 373. 
 
 special order for, on parties added in Master's office, 916. 
 
 substitutional, notice of motion for, 361. 
 
 affidavit in support, 362. 
 letter enclosing office copy decree, &c., by mail, 917. 
 acknowledgment of its receipt, 918. 
 affidavit verifying, 919. 
 injunction, affidavit of, 329. 
 notice of motion, affidavit of, 322. 
 notice T, affidavit of, 327. 
 order, affidavit of, 323, 328, 363. 
 petition, affidavit of, 324. 
 substitutional, affidarvit of, 325. 
 SETTING DOWN. See Special Case. 
 
 cause for hearing, on biU and answer, prseeipe for, 203 ; notice of, 204. 
 and examination of witnesses, prsecipe for, 201 ; 
 
 notice of, 202. 
 on further directions, prsecipe for, 217; notice 
 
 of, 218. 
 notice of motion to enlarge time for, 263. 
 re-hearing, prsecipe for, 223 ; notice of, 224. 
 SETTLED ACCOUNT. 
 
 answer setting up, 154. 
 SETTLEMENT. 
 
 of infants' property, proposals for, 795. 
 order approving, and settling fund without deed, 796. 
 SHAREHOLDER. 
 
 suing on behalf of himself and others, description of in biR, 1] . 
 SHERIFF. See Intekpleader. 
 
INDEX. 681 
 
 SHIPOWNER. 
 
 bill to limit liability of, 45. 
 SHORTHAND NOTES. 
 
 affidavit verifying, 2-i7. 
 SOLICITOR. See Address. Retainer. Taxation of Costs. 
 
 bill of costs, delivery and taxation of. See Taxation of Costs. 
 
 certificate of, of relator's ability to pay costs, 26. 
 
 changing, praecipe for order, 700, 992, 993 ; agent, 996. 
 
 notice to Clerk of Records and Writs of appointment of new, 702. 
 
 order to change, 701, 997. 
 
 precipe by a co-plaintiff to appoint, for separate application, 995. 
 
 striking off roll, petition by soUcitor for, 1001. 
 
 affidavit in support, 1002. 
 for non-payment of money petition, 1003. 
 
 evidence in support, 1003 (a). 
 SPECIAL CASE. 
 
 amending, notice of motion for, 820 ; prseoipe for, 821. 
 
 appearance to, 818 ; notice of, 819. 
 
 filing, notice of, 817. 
 
 form of, 816. 
 
 guardian to concur in, for infant or lunatic, notice of motion to 
 
 appoint, 813 ; affidavit in support, 814-15. 
 hearing, notice of, 826. 
 
 production of documents, notice of motion for, 825. 
 setting down, notice of motion for leave, where parties not sui juris 
 are interested, 824. 
 prtecipe for, 822 ; endorsement thereon, 823. 
 notice of motion for, of case stated by arbitrator, 838. 
 SPECIAL EXAMINER. See Examination. 
 appointment to take evidence, 265-6. 
 notice of motion for appointment of, 268, 270. 
 
 affidavit in support, 271 . 
 oaths and affirmations of witnesses examined before, 257-61. 
 SPECIFIC PERFORMANCE. 
 
 bUl for, of written agreement for sale of land, 33, 59, 68. 
 
 railway stock, 91. 
 to take transfer of mortgage, 42. 
 parol agreement, 34, 90. 
 notice of motion for enquiry as to title, 691. 
 
 payment of purchase money, 693. 
 rescinding contract, affidavit in support of motion for, 694. 
 order, 695. 
 STATUTE OF LIMITATIONS, 
 answer setting up, 152-3. 
 STAYING PROCEEDINGS. See Notice of Motion (Forms of). 
 
 execution, bond for, on appeal, 850. 
 STOP ORDER. 
 
 discharging notice of motion for, 615. 
 notice of motion for, against entire fund, 608. 
 
 share, 609. 
 
 affidavit in support, 610. 
 further order on assignment of interest, 611-12. 
 affidavit in support, 614. 
 petition for, 607 ; affidavit in support, 610. „ffl4„^it 
 
 further order on assignment of interest, 613 ; athdavit 
 in support, 614. 
 STRIKING SOLICITOR OFF ROLL. 
 
 petition by soUcitor, 1001 ; affidavit in support, 1002. 
 by client for non-payment of money, 1003. 
 
682 INDEX. 
 
 STYLE OF CAUSE. 
 
 in affidavit, 300, note (a), 
 answer, 115, note (a). 
 bUls, 1. 
 decrees, 334. 
 demurrers, 104. 
 
 disclaimers, 113. • 
 
 notice of motion, 382-6. 
 petition, 387-9. 
 replication, 167. 
 STJBPCENA. See Witness. 
 form of writ, 2,'i0. 
 prsecipe for, 249. 
 service, affidavit of, 330, 
 
 to officer of Court to produce documents at assizes, affidavit for 
 order for, 674. 
 Province of Quebec, 291. 
 
 notice of motion for, 288 ; affidavit in support, 289. 
 order for issue of, 290. 
 SUBSTITUTIONAL SERVICE. See Sekvicb. 
 affidavit proving, 325. 
 of bill, affidavit proving, 192. 
 SUGGESTION. 
 
 for adding parties on appeal to Supreme Court, 863, 864. 
 
 notice of filing, 866. 
 
 of party appearing in person on appeal to Supreme Court, 859 ; do. 
 
 by solicitor, 860. 
 on death of one of several respondents, where cause of suit sur- 
 vives, 865. 
 SUPPLEMENTAL ABSTRACT. See Abstract of Title. 
 SUPPLEMENTAL ACCOUNTS. 
 
 affidavit verifying, 903. 
 SUPPLEMENTAL AJSTSWBR. 
 
 notice of motion to file, 471 ; affidavit in support, 472, 
 SUPPLEMENTAL STATEMENT. 
 
 affidavit to be filed with, 572, 
 form of, 571. 
 
 notice of motion to file, 574 : affidavit in support, 575. 
 SURCHARGE. 
 
 against accounting party, 910. 
 notice of filing, 911. 
 SURETY. See Receiver. Costs, Sbctteity for. 
 SUPREME COURT. 
 
 bond for security for costs on appeal to, 854. 
 to stay execution on appeal, 855. 
 TAKING PROCEEDINGS OFF FILES. See Notice of Motion (Forms of.) 
 TARIFF OF FEES. 
 
 higher scale, disbursements, 1021-2. 
 
 soHoitors and counsel, 1024. 
 lower scale, 1020. 
 Supreme Court, 1025. 
 TAXATION OF COSTS. 
 
 notice of motion by a third party for order for, 1015. 
 
 for taxation of vinpaid bill after a year, 1016. 
 paid bill, 1017. 
 time to deliver bill, 1018. 
 order, for, 1008, 1012, 1014. 
 
INDEX. 683' 
 
 TAXATION OF COS.TS—( Gontinued). 
 
 petition of solicitor for order for, 1005 ; order, 1006. 
 
 by third party before action, 1007 ; order, 1008. 
 after action, 1009 ; order, 1010. 
 prEecipe by client or third party, for common order to tax, 1004, 1013. . 
 for order, for delivery and to tax, 1011. 
 TENANT. 
 
 attornment of, to receiver, 629 ; to sequestrator, 367. 
 
 in common, bUl by, for partition or sale, 84. 
 
 notice to attorn, to receiver, 628 ; to sequestrator, 366. 
 
 of motion, for attornment of, 368 ; affidavit in support, 369. 
 TITLE. See Abstract of Title. 
 TRADE MARK. 
 
 answer, to bill to restrain use of, 133. 
 bill to restrain use of, 50. 
 
 notice of motion for injunction, to restrain use of, 585. 
 TRESPASS. 
 
 bin to restrain, 36. 
 TRUSTEE. See " Trustee Act, 1850." 
 
 answer of, submitting to act as Court directs, 156. 
 
 claiming to be discharged, 158. 
 accounts of, 900-2. 
 
 affidavit verifying accounts by sole trustee, 905. 
 
 joint trustees, 899. 
 supplemental accounts, 903. 
 affidavit by, as to notice received by him of incumbrances on inte- 
 rest of cestui que tmst, 896. 
 appointraent of new, affidavit for, 737, 931. 
 bUl against, by cesUii que tmst, to sue in name of, 37. 
 
 for conveyance of legal estate, 89. 
 to declare assignees of an insolvent, trustees for plaintiff, of part 
 of judgment recovered by the insolvent, against a debtor of 
 both, 48. 
 appoint new, 38. 
 consent of, to act, 738, 932 ; affidavit verifying, 739, 933. 
 deceased, petition to appoint person to convey, in place of, 84&. 
 new trustees, biU to appoint, 38 ; petition to appoint, 846 ; affidavit 
 of fitness, 737, 931. 
 consent to act, 738, 932; affidavit verifying, 739, 933. 
 petition by, for advice, 800. j o^k 
 
 to appoint person to convey in place of deceased, 840. 
 for leave to pay trust fund into Court, 797. 
 to appoint new trustees, 846. 
 Management of Estate. 
 
 notice of motion by, for leave to sue or defend, 7/!7-». 
 
 carry on business, 730. 
 pay debts, 731. 
 compromise, 732. 
 repair, &o., 733. 
 obtain renewal of lease, 734. 
 grant lease, 735 ; affidavit in sup- 
 port, 736. 
 for approval of investment by, 698 ; 
 affidavit in support, 699. 
 
 new trustees, 846 ; evidence in sup- 
 port, 847. 
 
684 INDEX. 
 
 UNDERTAKma. 
 
 to speed cause, notice of motion to enlarge, 503. 
 UNDERWRITING. 
 
 of warrant, 891 ; for appointment of receiver, 621. 
 UNDUE INFLUENCE. 
 
 bill to set aside deed obtained by, 78. 
 "^ENUE. __^ ^_„ ^ 
 
 notice of motion to change, 555 ; affidavit m support, 55b-7. 
 VEXATIOUS SUIT. 
 
 allegation of, in answer, 159. 
 WARD OF COURT. See Infant. Injunction. Maeriagb of Wakd 
 OF Court. 
 bin by, for habeas corpus, 79. 
 WARRANT. 
 
 of Master, 890. 
 
 to show cause why creditor should not be allowed to come m, 883. 
 
 underwriting, 891. 
 
 for appointment of receiver, 621 . 
 WASTE. See, Injunction. 
 bUl to restrain, 35. 
 
 by execution creditor, 58. 
 by mortgagee, 70. 
 trespass in nature of waste, 36. 
 WATER COURSE. 
 
 diversion of, bUl to restrain, 88. 
 WIFE. See Married Woman. 
 WILL. 
 
 construction of, bill for, 80-81. 
 establishing, bill for, 78. 
 
 notice of proving, by production of probate, &o., 232. 
 requiring production of original, 233, 235. 
 WITNESS. 
 
 affidavit of disbursements to, 333. 
 
 allowance to, pa^e 606. 
 
 commission, to take evidence of, 284. 
 
 contempt of, notice of motion to commit, 273, 275. 
 
 affidavit in support, 274. 
 demurrer by, 298. 
 examination de bene esse, notice of motion for, 292. 
 
 affidavit in support of motion, 293. 
 notice of examination, 294. 
 deposition of, 295. 
 fees of, page 606. 
 
 interrogatories for examination of, 286. 
 
 notice of motion to compel witness objecting to answer to attend 
 
 again at his own expense, 299. 
 productioji of documents by, 276. 
 resident in Quebec, notice of motion for subpcena to, 288. 
 subpoena, affidavit of service of, 330. 
 WRIT. 
 
 amending notice of motion for, 476. 
 endorsements on, 171. 
 (Forms of.) 
 
 of commission to take evidence, 284. 
 injunction, 600. 
 subpoena, 250.