!_ •' t .•rp.'xnAf/'i maraliaU lEqutta (HoUwtton Oitft of IE. 3. iHacsljaU, ILffi. 1. 1B94 .CORNELL UNIVERSITY LIBRARY 924 084 257 793 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924084257793 COX'S FORMS OB PRACTICAL PROCEEDINGS m t|e €^mtihxs of THE MASTER OE THE EOLLS AlfD THE VICE-CHANCELLORS. THIKD EDITIOlf, EETISED ilTD COITBrDESASLY EITI/ABaES; COKTAININQ 600 ^ontts rob- ^nctismte, nfCLUBiira those is ttse umoEE the chaeitaeie teusts acts, depeitcb ACTS, iitbamtb' tvtaeeiabe settlemeht act, judicial opinion- act, settled ESTATES ACTS, SIE GEOB&B TITEHEE'S ACT, AND TKUSTEES EEHEF ACTS. ^atzs ON THE COUESB OB PEOCEDITEE AT CHAMEEES IN SPECIAL MATTEES, AND EEPEEENCE8 TO THE ACTS, OEDEBS, AND EEGTTLATIONS, AND TO A VAEIETY OH TEXT-BOOEB ON THE PEINCIPIES AND FBACTICE OF THE COUET. OP PTJBIiIC STATUTES CONI'EBEIH'G A STTMMABY JtrSISSICTION', AND g»n §hhaxnk fithif. BY JOHN BIDDLE. LONDON : E. COX, 102, CHANOEKT LANE, W.C. 1863. Fbinted by E. Cox, 102, Chancery Lane, Acyoining the Law InsUtution. London, W.C. ipreke k i^t i^rb €itmi The present edition will be found, on comparison, to differ very much from tHe second : The quantity of letter-press is nearly doubled; several Precedents of infrequent use have been with- drawn ; the Forms retained have been revised and corrected ; and a considerable number of Forms, prepared expressly for this edition, have been added. Concise statements are also given of the procedure at Chambers on many special subjects, where the practice did not appear to be satisfactorily, or at all, explained elsewhere ; And imder each Form, or group of Forms, references will be found to the Statutes, the Consolidated and other Orders, and the Eegulations of the Judges, and to the pages of many text-books, in which the principles and practice of the Court on the subject-matter of the Forms, and cognate points, are elucidated. The extracts from the Consolidated Orders, and the Judges' Eegulations, in Appendices A. and B., appear to form, collec- tively, a code of procedure at Chambers in the prosecution of Decrees and Orders. In Appendix D. an attempt is made to tabulate various Public Statutes conferring a summary jurisdiction on the Court. IV PEEFACE. As the transaction of Chamber business is much facilitated by Summonses being phrased in the technical language employed by the Registrars in drawing up the Orders, special attention to this point has been given ; and the Forms of Summonses have in many instances been compared with, and often corrected by, the corresponding Orders in the recent (third) edition of Seton on Decrees — a work the editor takes the liberty to recommend to the notice of his readers, as containing a vast amount of in- formation on matters of daily discussion in Chambers. In conclusion, the best thanks of the editor are tendered to the Council of the Incorporated Law Society, for granting him per- mission to use the library of that Institution in preparing the book for the press. Chancery Lake: 29th October, 1863. Conknls. PAETI. GENERAL FORMS. I. AUTHORITY TO SUE AND DEFEND. Ketainer to sue, 1 — Note, Id. — Retainer to defend, 2 — Note, Id. — Authority of next friend, 3 — ^Note, Id. — Consent of adult married woman, 4 — Note, Id. II. GENERAL SUMMONS. Original summons to originate a proceeding, except for administration, 5 — Note, Id. — Indorsement enlarging the return, 6 — ^Note, Id. — Ordinary summons not to originate a proceeding, 7 — Note as to the description of an applicant, Id. — Summons to amend an original summons, 8 — ^Note, Id. — Order thereon, 9. III. SUBSTITUTED SERVICE. Summons to substitute service of an original summons, 10 — Note, Id. — The like of an ordinary summons, 11 — ^Note, Id. IV. APPEARANCE TO ORIGINAL SUMMONS. Praecipe for appearance, 12^Note, Id. — Notice of appearance, 13 — ^Note, Id. V. AFFIDAVITS AND AFFIRMATIONS. Outline of an affidavit, 14— Note, Id.— Footnote, 15— Note, Id.— Jurats, 16— Note, Id.— Affirmation by a quaker, 17— Note, Id.— Affirmation under 17 & 18 V. c. 126, s. 20, 18— Note, Id. — Affidavit of service of an original summons, where not for administration, 19 — Note, Id. — The like of an ordinary summons, 20 — ^Note, Id. — Certificate on an exhibit, 21 —Note, Id. VL ORDERS. General form of a chamber order, 22 — ^Note, Id. VIL SCIENTIFIC ASSISTANCE. Letter of instructions to a scientific person, 23— Note, Id.— Affidavit verifying his certi- ficate, 24. PAKT 11. MAIN PROCEEDINGS IN SUITS BY BILL UP TO THE HEARING. I. FILING THE BILL— SERVICE— APPEARANCE. Summons for leave to serve bill (and interrogatories) abroad, 2S— Note, Id — Affidavit in support, 26— Summons for leave to require an absconding defendant to appear to the bill, 27 -Note, Id.-Affidavit in support, 28-Note, Id.-Notice to appear, 29-Soramons for leave to appear for a sane adult defendant, or for an absconding defendant, 30-Note, Id.-Affida- vit in support, 31 — ^Note, Id. A 2 Vi CONTENTS. 11. INTERROGATORIES FOR DEFENDANT'S EXAMINATION. Summons to extend the time to file, 32_Sote, Id—Order thereon, 33-Note,Id.-Sam- mons for leave to file, where time expired, 34-Note, Id—Order thereon 3o-Snmmons to extend the time for delivery, 36-Note, Id.-Order thereon, 37-Note, Id. III. DEFENCE BY DEMURRER-PLEA-ANSWER-OR DISCLAIMER. Summons for further time to plead, answer, or demur, 38-Note, Id.- A^davit in support, where answer required, 39-The like, where answer not required, 40-Order thereon, 41- Summons for leave to put in a plea, answer, or demurrer, where time expired and no answer required, 42-Note, Id.-Order thereon, 43-Summons for leave to put in a supplemental answer, 44— Note, Id.— Order thereon, 45— Note, Id. IV. PLAINTIFF'S ANSWER TO DEFENDANT'S ■ INTERROGATORIES Summons for further time to answer, 46— Order thereon, 47— Note, Id. V. EXCEPTIONS FOR INSUFFICIENCY. Summons for extended time to file exceptions, 48— Note, Id.— Order thereon, 49— Summons for leave to file exceptions, 60— Order thereon, 51— Summons for further time to submit to exceptions, 52— Note, Id.— Order thereon, 53— Note, Id. VL AMENDMENT OF BILL AND INTERROGATORIES. Summons to (withdraw replication and) amend bill (and interrogatories), 54^-Note, Id.— Affidavit in support, 55— Note, Id.— Order thereon, 56— Note, Id.— Summons to extend the time to amend, 57 — Note, Id. — Order thereon, 58 — Note, Id. VIL MOTION FOR DECREE. Notice of motion for a decree, 59 — ^Note, Id. — Affidavit of service, 60 — Summons for further time to serve the notice, 61— Note, Id.-Order thereon, 62 — Summons for time to file affidavits in answer to the motion, 63 — Note, Id. — Order thereon, 64 — Summons for time to reply to defendant's affidavits, 65 — Note, Id. — Order thereon, 66 — Summons for extended time to serve notice to produce deponents for cross-examination, 67 — Note, Id. — Order thereon, 68 — Note, Id. VIII REPLICATION AND JOINING ISSUE. Summons for further time to file replication, 69 — Note, Id. — Order thereon, 70 — Summons for leave to withdraw replication, 71 — Note, Id. — Order thereon, 72 — Note, Id. IX. EVIDENCE AFTER ISSUE JOINED. 1. In General: — Summons for time to notify intention to use affidavits or depositions filed or made before issue joined, 73 — Note, Id. — Order thereon, 74. 2. IssoE JOINED BEFORE Easteb tekm, 1861 : — Summons to enlarge time for closing evidence, 76 — ^Note, Id. — Order thereon, 76 — Summons for leave to use affidavit sworn after evidence closed, 77 — Note, Id. — Order thereon, 78 — Summons to enlarge time for cross- examination of witnesses, 79 — Note, Id..^Order thereon, 80. 3. Issue joined in or since Easxek term, 1861 : — Summons for time to apply that evidence be taken viv4 voce at the hearing, 81 — Note, Id. — Order thereon, 82 — Summons for evidence to be taken vivS voce at the hearing, 83 — Note, Id. — Summons to enlarge time for closing evidence in chief, 84 — Note, Id. — Order thereon, 86 — Summons to take exami- nation or cross-examination before an examiner, 86 — Note, Id. — Summons for extended time to serve notice to produce deponents for cross-examination, 87 — Note, Id. — Order thereon, 88 — Summons to fix a day for hearing the cause, 89 — Note, Id Minute of the day fixed thereon, 90- Nnto Trt Id. CONTENTS. Vli X. CONSENTS AS TO MODE OF PROCEDURE. Summons for leave to consunt, 91 — General Note, Id. PAET III. PROCEEDINGS IN SUITS BY ADMINISTRATION SUMMONS UP TO THE HEARING. I. THE SUMMONS. Summons to administer an estate, 92 — Note, Id. — Variations in the summons, 93 — Note, II. NOTICE TO PRODUCE. Notice to produce probate or administration, 94 — Note, Id. III. AFFIDAVIT OF SERVICE. Affidavit of service of an administration summons, 95 — ^Note, Id. IV. AFFIDAVITS IN SUPPORT. By a creditor, 96 — Note, Id. — By a plaintiff claiming to be interested in real estate, 97 — ^Note, Id By a pecuniary, specific, or residuary legatee, 98 — Note, Id. — By a next of kin, 99— Note, Id. PART IV. PROCEEDINGS UNDER DECREES AND ORDERS. I. NOTICE OF DECREE. Summons for directions as to service on infants, 100 — Note, Id. — Affidavit in support, 101 — Note, Id. — Summons for directions as to service on a person of unsound mind, 102 — Note, Id.— Affidavit in support, 103 — Note, Id. — Summons for leave to serve the notice out of the jurisdiction, 104 — Note, Id. — Summons to substitute service of notice, 105— Notice of decree, 106 — ^Note, Id. — Indorsement thereon for service on a sane adult person, 107 — Note, Id. — The like, in the case of an infant, or person of unsound mind, 108 — Note, Id. — Affidavit of service of notice of decree, 109 — ^Note, Id Praecipe for memorandum of service, 110— Note, Id. — Petition of a sane adult person for leave to attend proceedings. 111 — Note, Id Order on petition for leave to attend proceedings, 112^-N6te, Id. — Petition to assign guardian of an infant served with notice of decree, 113 — Note, Id. — Affidavit of fitness of proposed guardian, 114 — Note, Id.— Order assigning guardian, 115 — Note, Id. — Petition of infant for leave to attend proceedings by his guardian ad litem, 116 — Note, Id. — List of persons served with notice of decree, 117 — Note, Id. II. CARRYING IN DECREE OR ORDER. Certificate verifying copy, 118 — Note, Id. — Note of solicitors' names, 119 — Note, Id.— Summons to proceed, 120 — Note, Id. III. EXAMINATION ON INTERROGATORIES. Interrogatories for the examination of a party, 121 — Note, Id. — Memorandum of allow- ance, 122 Summons to file examination, 123 — Note, Id. — Summons for time to file, 124 — Note, Id. — Order thereon, 125 — The examination, 126 — Note, Id. IV. EXAMINATION VIVA VOCE. Summons for attendance of a party or witness at chambers, 127 — Note, Id. — Affidavit of service thereof, 128 — Note, Id. — Direction to seal subpoena for production of documents at chambers, 129— Note, Id.— Prsecipe for subpoena, 130— Note, Id.— Suggested form of subpoena, 131- Note, Id.— Oath administered by the chief clerk, 132- Note, Id.— Formal parts of depositions, 133— Note, Id.— Direction to examiner to take examination of a witness, instead of chief clerk, 134 — Note, Id. VIU CONTENTS. V. ACCOUNTS IN GENERAL. General form of an account, 135— Note, M.— Affidavit verifying an account, 136— Note, Id Notice of having left account, 137— Note, Id.— Summons for further time to leave accounts, 138— Note, Id. — Order thereon, 139— Note, Id. — Summons for four-day order to leave accounts, 140— Note, Id.— Minute of a four-day order, 141 — Note, Id. — Indorsement to. be made on copy for service of four-day order, 142 — Note, Id. — Affidavit to gi'ound attachment for not leaving accounts, 143 — Note, Id. — Certificate of accounts having been left, 144 — Note, Id. — Petition for discharge Of defendant out of custody thereon, 145 — Note, Id. — Surcharge against an accounting party, 146 — Note, Id. — Notice thereof; 147 — ^Note, Id. — Summons for books to be taken as prim4 facie evidence, 148 — Note, Id. VI. CLASS INQUIRIES. Order directing inquiries as to heir and next of kin, 149 — Note, Id.— -Advertisement for heir or next of kin to come in, 150— Note, Id. — Sketch of a pedigree, 151 — Note, Id. — Affida'^it in support of a pedigree, 152 — ^Note, Id. — ^Abstract of the evidence, to accompany a pedigree, 163 — ^Note, Id. PAET T. ACCOUNTS AND INQTJIEIES IN ADMINISTRATION SUITS. Order directing the usual accounts and inquiries as to real and personal estate. In a general administration suit, 154 — Note, Id. L ACCOUNT OF PERSONAL ESTATE. Regulation form of account, 165 — ^Note, Id. — Affidavit verifying accounts and answering usual inquiries as to real and personal estate, 156 — ^Note, Id. — Affidavit by an administrator, verifying his account, 167 — Note, Id. — Affidavit verifying supplemental account of personal estate, 158— Note, Id. — Negative affidavit by an accounting party, 159 — Note, Id. — Request to taxing-master to tax bill of costs claimed by an accounting party, 160 Note, Id. n. ACCOUNT OF DEBTS. Advertisement for creditors (and incumbrancers) to come in, 161 — Note, Id.— Notice of having entered claim, 162— Note, Id.— Summons for leave to enter claim after time expired, 163 — Note, Id. — Summons for payment by an unsuccessful claimant of costs of resisting his claim, 164— Note, Id.— Request to taxing-master to tax bill of costs claimed against a deceased's estate, 165 — ^Note, Id. AiTiDAViTs TO PROVE DEBTS :— On judgment, 166— Note, Id.— On bond, 167— Note, Id.— On mortgage, 168— Note, Id.— On bill, note, or check, 169— Note, Id.— Examples of statement of debt due thereon, 170 — Note, Id.— On simple contract, 171 Note, Id. Ex- amples of statement of debt due thereon, 172— Note, Id.— By several creditors to prove their individual debts, 172a— Note, Id.— Of debt due to a partnership, 173— Note, Id.— Of debt due to a deceased's estate, 174— Note, Id.— Of debt due to a bankrupt's estate, 175— Note, Id.— -By executor or administrator, in proof of small debts investigated by him, 176— Note, Id. List for use in chambers of debts allowed, 177 — Note, Id. in. ACCOUNT OF FUNERAL EXPENCES. Note. IV. ACCOUNT OF LEGACIES AND ANNUITIES. ..-„'^'!!°^'Tf°''' remaining unpaid, 178-Note, Id.-List of annuities, and arrears due 1 1 9 — Note, Id. ' CONTENTS. IX V. INQUIRY AS TO OUTSTANDING ESTATE. Note. VI. INQUIRY AS TO REAL ESTATE. Note. VII. ACCOUNT OF RENTS AND PROFITS. Regulation form of account, 180 — Note, Id.— Affidavit in support, 181— Affidavit veri- fying supplemental account of rents and profits, 182 — Note, Id. — Negative affidavit as to rents and profits, one deponent, 183 — Note, Id. — ^The like, several deponents, 184 — Note, Id. VIII. INQUIRY AS TO INCUMBRANCES. Note. IX. CERTIFICATE OF RESULT OF ACCOUNTS AND INQUIRIES. Chief clerk's certificate, 185 — ^Note, Id. — Summons to settle draft certificate, 186 — Note, Id. — Summons to take opinion of j*ndge on certificate, before approval, 187 — Note, Id. — Summons to vary certificate, after approval, 188 — Note, Id. — ^Note of adjournment into court, 189- Note, Id. X. FURTHER CONSIDERATION. Summons for further consideration of a matter and cause, 190 — Note, Id. — Note of .idjournment into court, 191 — Notice of setting down for further consideration, 192 — Note, Id. XL APPORTIONMENT AMONG CREDITORS OR LEGATEES. Order directing an apportionment, 193 — Note, Id. — Concise statement of the apportion- ment to be made, 194 — ^Note, Id. — Certificate of apportionment, 195 — Note, Id. PAET VI. PKOCEEDINGS IN MOETGAGE SUITS AFTER THE HEAEING. Decree for successive redemptions and foreclosures, 196— Note, Id. — Affidavit of amount due to mortgagee not in possession, 197 — Note, Id. — Affidavit by mortgagee in possession of amount due to him, and verifying account of rents, 198 — Note, Id. — Account with annual rests of a mortgagee in possession, 199 — Note, Id. — Certificate of amount due to first mortgagee (in possession), 200 — Note, Id. — Summons for an extension of time to redeem, 201 — Note, Id. — Summons to appoint a new time for payment, where mortgagee has failed to attend, 202 — Note, Id. — Power of attorney to attend and receive redemption money, 203 — Note, Id. — Affidavit by mortgagee of personal attendance and non-payment, 204 — Note, Id — Affidavit by mortgagee and his attorney of attendance and non-payment, 205 — Note, Id. — Certificate of amount due tosecond mortgagee redeeming the first, 206 — ^Note, Id. PART VII. PROCEEDINGS IN PARTITION SUITS AFTER THE HEARING. Decree for a partition to be made in chambers, 207 — ^Note, Id. — Certificate of partition thereunder, 208— Note, Id. PART VIII. PROCEEDINGS IN PARTNERSHIP SUITS AFTER THE HEARING. Decree for dissolution of a medical partnership, accounts, receiver, 209 — Note, Id. — Certificate of result of the accounts thereunder, 210 — Note, Id. X CONTENTS. PART IX. PEOCEEDINGS IN SUITS FOR SPECIFIC PERFORMANCE AFTER THE HEARING. Decree for specific peribrmanoe, and inquiry as to title, vendor against purchaser, 211 — Note, Id. — Statement of the purchaser's objections and requisitions on title, 212 — Note, Id. — Reference thereof to the conveyancing counsel, 213 — Note, Id. — Certificate of good title, 214— Note, Id.— Summons to vary certificate, 215— Order thereon, and on further consi- deration, 216 — Note, Id. — Certificate thereunder, 217 — Note, Id. PART X. APPOINTMENT OF NEW TRUSTEES. Order directing trustees [to be appointed, 218 — ^Note, Id. — AflSdavit of fitness of pro- posed trustee, 219 — Note, Id. — Consent of proposed trustees to act, 220 — Note, Id. — Affidavit verifying the signatures thereto, 221 — Note, Id. — Summons to appoint approved persons trustees, 222 — Note, Id. — Minute of order thereon, 223 — Note, Id. — Certificate of approval of deed (of appointment and) to vest the trust estate, 224 — Note, Id. PART XI. SETTLEMENT OF BILL FOR AN ACT OF PARLIAMENT. Order authorising application to parliament, and directing bill to be settled, 22a — Note of the procedure at chambers. Id. — Certificate of approval of draft bill, 226 — ^Note, Id. Memorandum to identify draft bill, 227 — Note, Id. — ^Affidavit verifying printed copy bill, 228 — Note, Id. — Memorandum to be signed by the Judge, 229 — Note, Id.— Recital of chief clerk's certificate in draft bill, 230 — Note, Id. PART XII. SALES BY THE COURT. I. ORDER FOR SALE. Summons for a sale of real estate, 231 — Note, Id. II. LEAVE TO BID— CONDUCT OP SALE. Summons for leave to bid, 232 — Note, Id. IIL PROPOSAL FOR SALE— APPOINTMENT OF AUCTIONEER. Proposal for sale, 233 — Note, Id. — Affidavit in support of proposed mode of sale, 234 Note, Id. — Survey therein referred to, 23S — Affidavit of fitness of auctioneer, 236 Note, Id. IV. PARTICULARS AND CONDITIONS OF SALE. Direction to conveyancing counsel to advise on and settle special conditions of sale, 237 — Note, Id. (A) Iktkoduction to paeticulaes AMD COHDITIOKS, 238 — Note, Id. (B) Particulars of sale, 239 : — Coal mines : (a) freehold, plant, and stock : (b) leasehold, 240 — Note, Id. — Copyhold land, 241 — Note, Id. — Fee farm rents, 242 Freehold farm, 243 — Freehold house, 244 — Freehold and copyhold intermixed, 245 Note, Id. — Goodwilland lease, 246 — ^Note, Id. — Government life annuity, 247— Leasehold house, 248 — Leasehold interest in reversion, 249 — Note, Id. — Leasehold contract, with lease direct from freeholder, 260 — Note, Id. — Life annuity, 251 — ^Note, Id. Life interest 252 — Note, Id.— Life policy, 252a — Reversionary life interest, 253 — Tithe rent charge, 254. MisceHaneous additions to descripiiors of property : — Apportioned rent, 255 ^Note Id. Chief rent, 256— Contract to purchase, 257 — Fixtures, 268 — Note, Id. — Land tax redeemed 269 — Note, Id. — Minerals excepted, 259a,— One or more lots, 260— Reference to plan, 261 CONTENTS. XI —Note, Id.— Right of way, 262— Note, Id.— Right of redemption : (a) freehold : (b) leasehold, 263— Note, Id.— Sheep-w«ilk, 264— Note, Id.— Strip of land mthout title, 265— Note, Id. — Timber : (a) included : (b) to be taken at a fixed sum : (c) price to be declared at sale, 266— Note, Id.— Tithe : tithe rent charge, 266a.— Note, Id. (C) Conditions of sale, 267. 1. Ordinary conditicms of sale : — Advance in bidding, 268 — Note, Id. — Reserved bids, 269 — Note, Id.— Bidding paper, 270— Note, Id.— Deposit, 271— Note, Id.— Certifying result, 272 — Note, Id. — Delivery of abstract : Objections to title, 273 — Note, Id. — Yaluation of timber, 274 — Note, Id. — Payment of purchase-money: possession: rents, 276 — Note, Id. — Compensation, 276 — Note, Id. — Resale on default, 277 — Note, Id. 2. VaTiaiion& in tlie ordinary contUtioTis : — Advance in bidding, 278 — Note, Id. — Reserved bids, 279 — Note, Id. — Certifying result in vacation, 280 — ^Note, Id. — Delivery of abstract : (a) where a common title to several lots : (b) where lots small : (c) another form, 281 — Note, Id. — Valuations : stock in trade : going concern, 282 — Note, Id. — Payment of pur- chase-money : (a) vendor to obtain order to pay in : (b) one moiety to part owner con- curring, the other moiety into court : (c) sale under the settled estates acts, payment to trustees : (d) sale of entirety with consent of part owner : option to purchaser : (e) on sale of collieries, 283 — Note, Id. — Compensation, 283a. — Note, Id. 3. Special conditions, 284 : — Apportionment of current rent, 285 — Note, Id. — ^Appor- tionment of reserved rents : land feix : tithe rent charge, 286 — Note, Id. — Boundaries, 287 — Note, Id. — Charges to be deemed satisfied : as to a specified incumbrance : conditional surrender to be deemed satisfied, 288 — Note, Id. — Conveyance at a fixed sum, 289 — Cove- nants for title : concurrence of equitable owners, 290 — Note, Id. — Deeds : (a) vendor to retain: (b) custody and delivery: covenants to produce: (c) another form: (d) on sale of reversionary leasehold : (e) want of deed, 291 — ^Note, Id. — Dower, 292 — Note, Id. — Easements, 293 — Note, Id. — Expense of additional evidence, 294 — Note, Id. — Expenses of examination of documents, 295 — Note, Id. — Identity of parcels, 296 — Note, Id. — Insurance, 297 — Note, Id. — Land tax redeemed, 298 — Note, Id. — Lease : (a) indemnity to vendor: (b) lessor's title: (c) (d) (e) licence to assign : (f) notice of contents: (g) performance of covenants : (h) surrender of former leases : (i) lease from ground land- lords at a fixed sum, 299 — Note, Id. — Manorial customs, 300 — Note, Id. — Mortgage: right of redemption: (a) sale free: (b) another form : (c) sale subject: (d) mortgagor's concurrence, 301 — Note, Id. — Outstanding terms, 302 — Note, Id. — Power of attorney, 303 Note, Id. Proceedings in suit to be conclusive: under the settled estates acts, 804 — Note, Id. Quit rents, 305 — Note, Id. — ^Recitals to be conclusive, 306 — Note, Id. — Registry of deeds, 307 — Note, Id. — Rescinding contract, 308 — ^Note, Id. — Root of title, 309 — Note, Id.— Sheep walk, 310— Note, Id.— Stamp, want of, 311— Tenants' rights, 312— Note, Id. —Vesting order, 313— Note, Id. Vekifioation of copies — advkbtisbment of sale : — Certificate verifying draft copy conditions, 314— Note, Id.— The like of duplicate prints of the particulars and con- ditions, 315— Note, Id. — Advertisement of intended, sale, 316 — Note, Id.— Another form, 317— Note, Id. V. RESERVED BIDS. Affidavit as to reserved bids, one lot, 318— Note, Id.— Valuation referred to therein, 319 —Affidavit as to reserved bids, several lots, 320— Note, Id.— Valuation referred to therein, 321— Note of resenred bids: one lot, 322— Note, Id.— The like: several lots, 323— Note, Id. VI. SECURITY FOR DEPOSITS. Recognisance to account for deposits, 324— Note, Id.— Justification of surety, 325— Memorandum of allowance of recognisance, 326— Note, Id.— Summons to deposit money in court in lieu of recognisance, 327. xii CONTENTS. VII. DIRECTIONS TO AUCTIONEER. Directions where a bidding is reserved, 328— Note, Id.— Directions where no bidding is reserved, 329 — Note, Id. VIII. BIDDING PAPERS. Bidding paper: one lot, 330— Note, Id.— Bidding paper: several lots, 331— Note, Id. IX. RESULT OF SALE. Auctioneer's affidavit of no sale : one lot, 332— Note, Id.— The like : several lots, 333— Note, Id.— Auctioneer's affidavit of result of sale of one lot : where a sale effected, 334— Note, Id.— The like: several lots, 336— Note, Id.— Certificate of result of sale: one lot, 336 —Note, Id.— The like : several lots, 337— Note, Id. X. SALE BY PRIVATE CONTRACT. Conditional contract of sale of an estate, 338— Note, Id.— The like contract, by indorse- ment on particulars and conditions, 339— Note, Id.— Affidavit verifying purchaser's signa- ture, 340 — Note, Id. — Summons to approve contract of sale, 341 — ^Note, Id. XI. SALE BY TENDER. Advertisement of sale, 342— Note, Id, —Introduction to particulars and conditions, 343 —Particulars of sale, 344^Conditions of sale, 345— Note, Id.— Form of tender, 346— Note, Id. — Certificate of result, 347. XIL PAYMENT OF DEPOSITS INTO COURT. Summons for leave to pay in a deposit received of a purchaser by private contract, 348 — Note, Id. — Summons to compel payment in of deposits, 349 — Note, Id. — Summons to invest deposits, 350 — Note, Id, XIIL OPENING BIDDINGS. Summons to open biddings, 351 — Note, Id. — Order thereon, 352 — Note, Id. — Order sub- stituting the applicant as purchaser: connected lots: deposit, 353 — Note, Id. — Summons for return of deposit to opener of biddings, where outbid at resale, 354 — ^Note, Id. XIV. SUBSTITUTION OF PURCHASER. Summons to substitute purchaser, 355 — ^Note, Id. — ^Affidavit in support : on a subsale before certificate binding, 356 — ^Note, Id. — The like : after certificate binding, 357 — Note, Id. XV. INVESTIGATION OF TITLE— INQUIRY AS TO TITLE- DISCHARGE OF PURCHASER. Summons for delivery of abstract to the purchaser, 358 — Note, Id. — Summons for inquiry as to title, 359 — Note, Id. — Summons to discharge purchaser and pay his costs : title bad, 360— Note, Id. XVL PAYMENT IN OF PURCHASE-MONEY— COMPENSATION. Summons for leave to pay in purchase-money : deposit : timber : interest : possession, 361— Note, Id.— Affidavit of amount of interest to be paid in, 362 — ^Note, Id. — Table of income tax deductible. Note, Id. — Summons for leave ,for separate purchasers to pay in by one order, 363 — Note, Id. — Summons for leave to pay in without prejudice as to the title, 364 — Note, Id. — Summons to compel payment in of purchase-money, 365 Note Id.— Summons to enlarge time for payment in, 366 — ^Note, Id. — Summons by purchaser for allowance of compensation, 367 — ^Note, Id. CONTENTS. Xiii XVII. PAYMENT OF INCUMBRANCERS. Consent of incumbrancer to a sale free from his incumbrance, 368 — Note, Id. — Sum- mons to pay off incumbrance out of sale proceeds in court, 369 — ^Note, Id. — Summons by purchaser for leave to pay off incumbrance out of his purchase-money, and the balance into court, 370 — Note, Id. — Summons for deposit in court of deeds by mortgagee concurring in sale : payment of his claim : delivery out, 871 — Note, Id. XVIII. CONVEYANCE— VESTING ORDER. Summons to settle draft conveyance, 372 — Note, Id. — Summons to compel return of draft conveyance, 373 — Note, Id. — Recitals in conveyance of order of sale : certificate of result : payment of purchase-money : and approval of conveyance, 374 — Note, Id. — Affida- vit verifying engrossment of conveyance, 375 — Note, Id. — Chief clerk's certificate of approval of conveyance, 376 — Note, Id. — Memorandum of approval, 377 — Note, Id. — Admission by purchaser of receipt of his conveyance, 378 — Note, Id. — The like admission by several purchasers, 379 — Note, Jd. — Summons for a vesting order : or for an appointee to convey : under the trustee acts, 380 — ^Note, Id. XIX. TITLE DEEDS. Summons for delivery to purchaser of deeds deposited in court, 381 — Note, Id. XX. RESALE ON PURCHASER'S DEFAULT. Summons for payment into court by purchaser : in default, a resale, 382 — Note, Id. PAETXIII. EECEIVEES. X. APPOINTMENT AND DISCHARGE. Summons to appoint a receiver, 383 — Note of the procedure at chambers in appointing a receiver — Summons to proceed under order directing a proper person to be appointed, 384 — ^Note, Id. — Summons to settle security of a receiver appointed by order, subject thereto, 385 — Note, Id. — Proposal as to a receiver, 386 — Note, Id — Counter proposal, 387 — Note, Id. — ^Affidavit of fitness of proposed receiver, 388 — Note, Id. — Receiver's recognisance, 389 — Note, Id. — The like: where the parties are bound in different sums, 390 — Note, Id. — Another form, 391 — Note, Id. — Justification of receiver's sureties, 392 — Note, Id. — Summons to appoint receiver after security given, under order directing a proper person to be appointed, 393 — Note, Id. — Certificate of receiver having given security, where ap- pointed by order subject to security, 394 — Note, Id. — Order approving security, and appointing receiver, without certificate, 395— Note, Id. — Summons to discharge receiver, and vacate recognisance, 396 — Note, Id. — Summons for receiver to give a new security, 397 —Note, Id. IL ACCOUNTS. Regulation form of a receiver's account, 398 -Note, Id. — Summons to compel receiver to bring in account, 399 — ^Note, Id Summons by receiver to pay money into court pending account, 400 — Note, Id. — Summons to proceed on a receiver's account, 401 — Note, Id. — Affidavit of receiver verifying his account, 402— Note, Id.— Certificate of allowance of account, 403 — Note, Id. — Summons to compel payment by receiver of certified balance, 404 — Note, Id. — Summons for receiver's representatives to pass his final account, 405— Note, Id. — Summons to put recogflisance in suit, 406 — ^Note, Id. III. MANAGEMENT. Note. XIV CONTENTS. iPART XIV. COLLECTION OF ASSETS-MANAGEMENT OE PROPERTY. I. COPYHOLDS. Summons for leave to take admission to copyholds, 407 — I^ole, Id. — Summons for leave to enfranchise at common law, 408 — Note, Id. — ^Another form, 409 — Note, Id. — Summons to appoint valuer on a statutory enfranchisement, 410 — ^Note, Id. II. EXCHANGES. Summons to effect exchange through the inclosure commissioners, 411 — ^Note, Id. IIL INSTITUTING AND DEFENDING PROCEEDINGS. Summons for leave to institute or defend, 412— Note, Id. IV. LANDLORD AND TENANT. Conditional contract to grant a lease, 413 — ^Note, Id. — ^Another form, by reference to an approved draft lease, 413a — Note of the procedure at chambers, in approving a contract and lease. Id. — Summons to carry contract into effect, 414 — Note, Id. — Affidavit in support, 415 — Note, Id. — Minute of order approving contract (and the lease to be granted there- under), 416— Note, Id. — Reference in lease to order (and certificate) approving same, 417— Note, Id. — Affidavit verifying engrossments of lease and counterpart, 418 Note, Id. — Memorandum of approval of lease and counterpart, 419 — Note, Id. — Certificate of approval of lease, 420 — ^Note, Id. — Summons for leave to grant renewed lease, 421 — Note, Id. — Summons for leave to accept renewed lease, 422 — Note, Id.— Summons for leave to license an assignment, 423 — ^Note, Id. — Summons for leave to distrain, 424^-Note, Id Summons for leave to give notice to quit, 425 — ^Note, Id. V. OUTSTANDING ESTATE. Summons for leave to compound a debt or claim, 426 — Note, Id. — Summons for leave to pay a call on shares, 427— Note, Id. — Summons to get in outstanding estate, 428 — Note, Id. — Summons to sell particular securities, 429 — Note, Id. VI. RAISING DEFICIENCY OF PERSONALTY. Order to raise from realty a deficiency of the personalty to pay debts and costs, 430 Note, Id. — Summons for payment in by proposed mortgagee, 431 — Note, Id. Powers to redeem, and of sale, in a mortgage of an estate in settlement, 432 — Note, Id. Recitals in mortgage of order to create same, and of payment in, 433 — Note, Id. VIL REPAIRS— DRAINAGE. Summons for leave to (drain and) repair, 434— Note, Id Another form 435— Note, Id. VIIL SALES UNDER ACTS AS TO PUBLIC WORKS. Summons to appoint a valuer under the lands clauses act, 436^— Note, Id. IX. TIMBER. Summons for leave to cut and sell timber, 437 — Note, Id. CONTENTS. XV PART XV. INVESTMENTS IN LAND AND ON MOETGAGE. Summons for leave to bid for the purchase of an estate, 438 — Note of the procedure in chambers on an investment by the court, Id. — Summons to approve of a purchase, or of au investment on mortgage, 439 — Note, Id, — Affidavit of a surveyor in support, 440— Note, Id. — Minute of order approving investment, 441 — Note, Id. — Affidavit verifying an abstract of title, 442 — Note, Id. — Direction to conveyancing counsel, 443 — Certificate verify- ing copy of draft conveyance, 444 — Note, Id.— Recital of approval of conveyance by the Judge, 445 — ^Note, Id. — ^Testatum where the consideration is to be paid out of fund in court, 446 — Note, Id. — ^Another form, 447 — Affidavit of searches for judgments and other incum- brances, 448 — Note, Id. — CertiBcate of good title, approval (and execution) of deed, and parties to receive the consideration, 449 — ^Note, Id. — ^Affidavit verifying execution of deed, 450 — Note, Id. — Certificate of execution, 461. — Note, Id. PAET XVI. INTEELOCUTOEY AND INCIDENTAL PEOCEEDINGS. I. ADDITIONAL ACCOUNTS AND INQUIRIES. Summons to add to a decree or order, 452 — ^Note, Id. — Example of an additional inquiry, 453. II. ADJOURNMENTS FROM COURT TO CHAMBERS. Summons to proceed on petition adjourned to chambers, 454 — Note, Id. III. ALLOWANCE PENDING LITIGATION. Summons for an allowance pending proceedings, 455 — Note, Id. IV. CONDUCT OF SUIT. Summons for the conduct of a suit or proceeding, 456 — Note, Id. V. EXAMINATION PRO INTERESSE SUO. Summons for inquiry as to interest, 457 — Note, Id. VL NEXT FRIEND— GUARDIAN AD LITEM. Summons for leave to name a new next friend, 468 — Note, Id. — Summons to assign a new guardian ad litem, 459 — Note, Id. VIL PAYMENTS AND TRANSFERS INTO AND OUT OF COURT— AND INVESTMENTS. Summons for payment and transfer into cSurt and investment, 460— Note, Id.— Sum- mons for a transfer or sale, and payment out, 461— Note, Id. — Affidavit of identity, 462 — Note, Id. — Summons for payment to hu8l)and in right of wife, 463 — Note, Id — Summons for commissioners to examine wife, on application for payment to husband, 464 —Note, Id. — Affidavit of no settlement whatever, 465 — ^Note, Id. — Affidavit of no settlement afiecting fund, 466 — Note, Id. — Summons for a settlement, by order, of fund on wife and children, 467 — ^Note, Id.— Summons by wife for payment out to her, under a protection order, 468 — Note, Id. — Affidavit identifying protection order, 469 — Note, Id. VIIL PRODUCTION OF DOCUMENTS. Summons for deposit in court of documents admitted by answer: leave to inspect, 470 — Note, Id. — Summons for leave to inspect out of court documents admitted by answer, 471 — Note, Id.— The like : numerous defendants : schedule, 472— Note, Id.— Summons for affi- davit as to possession of documents, and for production in court : leave to inspect, 473 — XVi CONTENTS. Note, Id— The like summons against two or more parties, 474-Note, Id.— Summons for like affidavit and Inspection out of court, 475— Note, Id.— Tlie like : against two or more parties: schedule, 476— Note, Id.— The like against a corporation, 477— Note, Id.— Summons for time to file an affidavit as to documents, 478— Note, Id.— Order thereon, 479— Affidavit as to the possession of documents, 480— Note, Id.— Summons to consider the sufficiency of an affidavit as to documents,481— Note, Id.— Order thereon, 482— Note, Id.— Summons to consider an objection to produce documents, 482a — ^Note, Id — Summons for further affidavit as to documents, 483— Note, Id.— Summons for leave to seal up, 484— Note, Id Summons for delivery out of documents deposited for inspection in court, 485— Note, Id.— Summons for like delivery, for a temporary purpose, 486, 7. IX REPRESENTATIVE OF A DECEASED'S ESTATE. Summons to appoint a representative, pending proceedings in chambers, 488 — Note, Id. — Summons to carry on proceedings without a representative, 489 — Note, Id, X. SCANDAL. Summons to expunge scandalous matter from a proceeding before the Judge, 490 — Note, Id. XI. SECDRITT FOR COSTS. Summons for plaintiff to give security, 491— Note, Id Bond as security for costs, 492— Note, Id, — Summons to pay money into court in lieu of bond, 493 — ^Note, Id, XII, SECURITY TO REFUND. Order directing a transfer, on security to refund, 494 — Note, Id. — Recognisance to refund, 495 — Note, Id. — Justification of surety, 496 — Note, Id. — Certificate of approval, execution, and inrolment of recognisance, 497 — Note, Id. Xlir. SPECIAL EXAMINER, Summons to appoint a special examiner, 498 — Note, Id, — ^Affidavit of fitness of proposed examiner, 499 — Note, Id, XIV, STAYING PROCEEDINGS, Summon to stay proceedings (or dismiss bill) on terms, 500 — ^Note, Id, XV. STOP ORDERS-CHARGING ORDERS, Summons for stop order on stock, cash, and interest, 501 — Note, Id, — Affidavit in support, 502 — Note, Id. — Summons for stop order as to documents, 503 — Note, Id. — Summons to substitute alienee of assignee' as the restraining party, 504 — Note, Id. — Summons to discharge stop order, 505 — ^Note, Id Summons for a charging order, by consent, 506 — Note, Id. PAETXVII. INFANTS. I. GUARDIAN— MAINTENANCE— ADVANCEMENT, Summons for the appointment of a guardian, 507 — ^Note, Id. — Summons for allowance for maintenance, 508 — Note, Id. — Affidavit in support of application for guardian, or guardian and maintenance, 509 — Note, Id.— Consent to act of proposed guardian, 510 — Note, Id. — Summons to settle security to be given by guardian of estate, 511 — Note, Id. — Summons to remove a guardian and appoint another, 512 — Note, Id, — Summons for leave to take infant out of the jurisdiction, 513 — Note, Id. — Summons for the purchase of a commission, and for outfit, 514 — Note, Id, — Summons to article or apprentice infant, 515 ^Note of the procedure. Id, — Affidavit of fitness of proposed master, 516 — Note, Id. — Indenture of apprenticeship, 517 — Note, Id, CONTENTS. Xvii 11. MANAGEMENT OF PROPERTY. Conditional contract to lease an infant's estate, under 1 W. 4, o. 65, 618 — Kote, Id. Summons to carry contract into efffect, 619 — Note, Id. — Lease of dwelling-house by an infant, 520 — Minute of order approving contract (and the lease to be granted thereunder), 521— Note, Id. HI. MARRIAGE— AND SETTLEMENT THEREON. Petition of ward of court for inquiry as to proposed marriage, and for approval of settle- ment, 522— Note, Id. — Petition of infant, not a ward, for sanction of a settlement on marriage, under 18 & 19 Y. u, 43, 52S — Note of the procedure in chambeis, Id Summons t o proceed on petition, adjourned to chambers, 524 — Note, Id. — AiBdavit in support, under 2 Judges' Reg., 625 — Note, Id. — Consent to act of proposed trustees, 626 — Note, Id. — Clauses for insertion in the marriage settlement of a female infant, to enable her to provide fbr a future marriage, 527— Note, Id. — Recital in settlement of order approving same, 628 — Note, Id. — Minut« of order on petition, where infant is a ward of court, 629 — Note, Id. — The like minute, where infant is not a ward, 530 — Note, Id. PAKT XVIII. PEOCEEDINGS UNDER PAETICULAE STATCTES. INTRODUCTION. I. UNDER THE CHARITABLE TRUSTS ACTS. Certificate verifying copy of charity commissioners' order to proceed, 531 — Note of the procedure at chambers. Id. — Summons to proceed, 632 — Note, Id. — Consent of proposed trustees to act, 533 — Note, Id. — Minute of order approving scheme, and appointing trustees, 534— Note, Id. IL UNDER 13 & 14 V. C. 85, ss. 19-25, AND 23 & 24 V. c. 38, S. 14—. ACCOUNT OF DEBTS AND LIABILITIES. Summons to take an account of debts and liabilities, 535 — Note of the procedure at chambers. Id. — Affidavit in support of application, 536 — Note, Id Advertisement for claimants, ordinary form, 537 — Note, Id. — ^Advertisement, where particulars only of the claims are required in the first instance, 538 — Note, Id. — Notice to claimants to prove their claims, 539 ^Note, Id. — ^Notice to creditors, under 22 & 23 V. c. 36, s. 29, 540— Note, Id. IIL UNDER THE COMPANIES ACT 1862. Summons .for inspection of register of members, 641 — Note, Id. — Summons to rectify register of members, 542 — Note, Id.— Summons for inspection of register of mortgages, 543 ^Note, Id. Summons to proceed with winding up of company, 544 — Note, Id. — Summons to appoint a provisional official liquidator, 546 — Note, Id. IV. UNDER THE DEFENCE ACTS. Summons for investment of compensation in stock, and payment of income to tenant for life, 546— Note, Id.— Affidavit in support, 647— Note, Id. V. UNDER THE 22 & 23 V. c. 35, a. 30— JUDICIAL OPINIONS, &c. Summons for judicial opinion, advice, or direction, 648— Note of the procedure at chambers. Id.— Statement to ground application, 549— Note, Id.— Indorsement on sum- mons, 650 — ^Note, Id. — Indorsement on statement, 661— Note, Id. VL UNDER THE LEGACY DUTY ACT. Summons for a transfer or sale, and payment out, 552— Note of the procedure at cham- bers. Id.— Affidavit in support, 663— Note, Id. XVIU CONTENTS. VII. UNDER THE SETTLED ESTATES ACTS. Petition to approve of a particular lease, S54 — Note, Id.— Summons to appoint a guardian of an infant to make an application, 556 — Note of the procedure at chambers, Id.' ■T-The like summons to consent to an application, 556 — Note, Id. — Affidavit in support of application to make or consent, 657 — Note, Id. — Consent to act of proposed guardian, 668 — Note, Id. — Siimmons by guardian of infant, or committee of lunatic, tenant in tail, for leave' to make, or consent to, an application, 669 — Note, Id. — Affidavit by guardian in sup- port, 560 — Note, Id. — Summons to appoint examiner of a married woman, 561 — Note of the procedure, Id. — Affidavitoffitnessof proposed examiner, 662 — ^Note, Id. — ^The examina- tion, 563 — Not^ Id. — Certificate of examiner, 564 — Note, Id. — ^Affidavit verifying signa- tures to the examination and certificate, 665 — Note, Id. — ^Exhibit of examination and certificate, 666 — ^Note, Id.-^Minute of examination of a married woman by the Judge in chambers, 567 — Note, Id. — Summons for directions as to notices, 668 — Note, Id. — Directions thereon, 669 — Note, Id. — Form of notice, 570 — Model form of building lease, 571 — Note of the procedure at chambers. Id. ^— Summons to settle a collection of draft leases, 572 — Note, Id. — Affidavit in support, 573 — Note, Id. — Affidavit verifying engrossments, 574 — Note, Id.— Certificate of approval, 575— Note, Id. VIIL UNDER THE STANNARY COURT AMENDMENT ACT. Summons to enrol in chancery a decree or order of the vice-warden, 576— Note of the procedure at chambers. Id. IX. UNDER THE TRUSTEES RELIEF ACTS. Affidavit by trustee for leave to pay fund into court, 577 — Note, Id.— Summons for a transfer or sale and payment of corpus, or for payment of income, 578 — Note, Id. X. UNDER THE TRANSFER OF LAND ACT— AND DECLARATION OF TITLE ACT. Note. APPENDICKS. A. EXTKACTS FROM THE CONSOLIDATED ObDEBS. B. Judges' Ebgdlations of 8th August, 1857. G. I. Table of costs in a reoeiveeship.— II. Table of fees collected in the Judges* chahbebs. D. Table of public statutes conferring a summary jurisdiction on the Court of Chancery. TABLE OF THE ABBREVIATIONS AND EDITIONS MADE USE OF IN THE COMPILATION OF THE NOTES TO. THE FORMS. Abbreviation. Work. Edition Date. Old. Add. Cont. . Add. Wrongs Ayckbourn . Bennett's M. O. Bennett's Receiver Bloxam . . Braithwaite . CO.. . . Daniell . . Dart . . . Davidson . , Dixon Drewry PI. . Drewry Pr. . Fislier . . G. O. or Gen. Grant . . . Gresley . . Haddan . . Habback . . Judges' Keg. L. C. Conv. . L. C. Eq. . . L. C. Merc, law Lewin. . Lewis Pis. Lindley . Id. Sup. Mitford . Morgan . Pask . . Id. Sup. Peachey . Petersdorff Powell . Pulling . Rouse Enf. Man. Addison on Contracts . . , Wrongs Ayckbourn's Chancery Practice . . . BenuettiS. Masters' Office practice (in- cluding supplement) : . . Receivers in Chancery . . . Bloxam's Judges' Regulations .... Bralthwaite's Record and Writ Practice . , Consolidated Orders in Chancery . . . Daniell's Chancery Practice .... Dart's Vendors and Purchasers .... Davidson's Precedents in Conveyancing. Dixon's Law of the Farm Drewry's Equity Pleader Chancery Practice .... Fisher on Mortgages General Orders in Chancery .... Grant's Chancery Practice Gresley on Evidence Haddan's Outlines of the Administrative Jurisdiction Hubback on the Evidence of Succession . Regulations of the Equity Judges . . . Leading Cases on Real Property and Conveyancing. . . . in Equity on Mercantile and Mari- time law Lewin on Trusts Lewis' Principles of Conveyancing . . Lindley on Partnership Supplement to Id. . . . Mitford (Lord Redesdale) on Pleadings . Morgan's Chancery Acts and Orders . . Pask on Registration Supplement to Id. . . . Peachey on Settlements Petersdorff's Abridgment of the Common and Statute Law Powell's Law of Evidence PuUing's Law of Attorneys Rouse's Copyhold Enfranchisement Manual 5 1862. 1860. 1861. ■ 1834. 1849. 1857. 1858. 1860. 3 1857. 3 1856. 2 1857-61 2 1863. 1 1858. 1 1856. 1 1856. 5 1845. 2 1847. 1 1862. 1 1844. 1 1857. 1 1856. 2 1858. 1 1860. 4 1861. 1 1863. 1 1860. 1 1862. 5 1847. 3 1862. 1 1859. 1 1861. 1 1860. 2 1861-3. 2 1859. 3 1862 1858. TABLE OF ABBKEVIATIONS, ETC. Abbreyiation. Seton . . . Smith . . . Smith Comp. or Compendium Smith Man. 0. L. Smith Pis. . . Smith Prac. Conr. Spence . . . Stamp. . . . Sugd. Pow. . . Sugd. Stat. . , Sagd. V. & P. . Tripp .... Trower . . . W. P. R. P. . Williams, R. A. Woodfall . . . Work. Seton on Decrees Smith's (S.) Chancery Practice . . (J. W.) Compendium of Property law (J. W.) Manual of Common Law and Bankruptcy . (J. W.) Principles of Equity (E.) Practice of Conveyancing Spence's Equitable Jurisdiction . . . Stamp's Index to the Statutes . . . Sugden (Lord St Leonards) on Powers on the new Statutes as to Property 's Vendors , Tripp's Chancery Forms Trower'B Law of Debtor and Creditor Williams' Principles of Real Property law Essay on Real assets . . . Woodfall's Landlord and Tenant . , Edition 1 1 1 1 3 8 2 14 1 1 6 1 8 Date. 1862. 1862. 1859. 1862. 1856. 1863. 1846-9. 1862. 1861. 1862. 1862. 1858. 1860. 1862. .1861. 1863. Note : — The above editions were the latest published to the time of going to press. A. 2nd edition of the Leading Cases on Real Property and Convey-ancing has since appeared. ERRATA. Form 18, line 9, for 14, read 16. 152, „ 19, for shown, read and shown. 162, „ 3 of note,/br Drewry, rcori Drewry Pr. 1 68, „ 2 „ „ „ 174, „ 22, /or my order, read my order or. 190, „ 3 of note,_/br Appendix A,, read Appendix B. 193, „ 16 of note,ybr Seton, read Seton 144. 200, „ 24, dele par. 1. 207, „ 14 of note, defe Id. 231, „ 1 1 of note, ybr infeasible, read indefeasible. 246, „ 17,./br successors, read successor. 304, „ 2 of note, /or c. 20, read c. 120. 338, para. 5,/or Forms 283 and 283a., read Form 283a. 448, Insert (Title), after the head line. 448, para. 7, note,/or 8 V., read 18 V. ; And /or Com., read Conv. 449, line 1 of note, /or settle, read to settle. 546, „ 9 of note, /or s. 23, read ss. 23, 46. 552, „ 13 of note,/br mmary, read summary. 554, „ 29 of note /or 2B3, read 282. 555, end of note,/or 558, read 528. Introduction to Part xviii., /or Appendix E., reod a Table of the short or popular titles of Public Statutes, compiled by the present Editor. (This Table will be published in the course of November, 1863.) Jf0ntis 0f fmtkal f rcmbkgs. PAET I. GENEEAL FORMS. — ♦ — I. AUTHORITY TO SUE AND DEFEND. 1. Betaiaer to sue. I, A. B., of {address and addition), retain and authorise Mr. C. D., of (address), solicitor, to institute and prosecute a suit [ Or, proceeding] in the High Court of' Chancery against all proper parties, for the administration of the estate of G. H., deceased (or as may be). Dated this day of , 186—. A. B. Note : — As to the value of the subject matter for which a suit may be instituted, See 9 C. O. r. 1, in Morgan, 378; And as to a solicitor's authority or retainer to sue or defend in general, See Pulling, c. 3 ; 1 Smith, 279 ; Daniell, 202 ; Seton, 836, 852-4, 6; 2 Petersdorff, 36. As to changing a solicitor, See 1 Smith, 124-6 ; Seton, 854-8. For a plaintiff's bill of costs in a suit before decree, See 2 Smith, 1 14 ; And after decree. Id. 157 ; And for a defendant's like costs. Id. 129, 166. For plaintiff's and defendant's costs on motion for decree, See Id. 133, 5. For like costs on motion to dismiss. See Id. 136, 7. For costs of the petitioner and respondent on a petition. See Id. 138, 140. For costs of the appellant and respondent on an appeal, See Id. 140, 142. For costs of the plaintiff and defendant of a special case. See Id. 143, 6. For like costs of an administration summons, See Id. 148, 154. For the costs of parties served with notice of decree, See Id. 154. For costs of petition to appoint new trustees. See Id. 155. For costs in a receivership. See Id. 167, 8, 9. For the costs ordinarily allowed to creditors of proving their debts, See Id. 170. For a collection of orders as to solicitors' fees and charges. See Id. 87-104 ; And as to court fees, and fees to special examiners, see Id. 105-110; And see 38 and 39 C. O., and regulations subjoined, in Morgan, 554-6, 638-659. - As to costs, charges, and expenses, generally. See 40 C. O^ in Morgan, 557-573. B 2-5. AUTHOEITY TO SUE AND DEFEND. 2. Retainer to defend. In Chancerj. (Short title.) I (the defendant) E. F., of (address and addition), retain and authorise Mr, J. K., of (address),' solicitor, to defend this suit [Or, proceeding] on my behalf. Dated this day of ■, 186 — . E. F. Note:— See note to Form 1. 3. Authority of next Friend. In Chancery. (Short title.) I, L. M., of (address and addition), authorise Mr. N. O., of (address), solicitor, to use my name as next friend of the plaintiff [Or, applicant] in this matter and (or) cause. Dated this day of , 186 — . L. M. Note:^As to the necessity for this authority, See 15 & 16 Vict, c 86, s. 11, in Morgan, 162; 1 Smith, 273, 282; Ayckboum, 12; Braithwaite, 26. 4. Consent of adult Married Woman. In Chancery. (Short title.) J, P. E., the wife of S. R., of (address and addition), consent to this suit [Or, proceeding] being instituted on my behalf by T. U., of (address and addition), as my next friend. Dated this — — day of , 186—. P. R.- Note:— See 1 Smith, 270, 1 ; Daniell, 106. II. GENERAL SUMMONS. 5. Original Summons — to originate a Proceeding, except for administration. In Chancery. -y In the Matter of (4rc., set out title). Let all parttes concerned attend at my chambers in the Rolls' Yard, Chancery Lane '[Or, No. 3, Stone Buildings, Lincoln's Inn Or, No. 12, Old Square, Lincoln's Inn — Or, No. 11, New Square, Lincoln's Inn], Middlesex, on the day of , 186 — , at of the clock in the noon, on the hearing of an application on the part of GENERAL SUMMONS. 6-7. {State on whose behalf the application is made — See note to Form 7), that {State the precise object of the application — See index, 'Summons^). Dated this day of , 186—. John Romixlt, Master of the Rolls [ Or, RiCHAKD ToRiN KiNDERSLEY, Vice-Chancellor — Or, John Stuart, Vice-Chancellor — Or, William Page Wood, Vice-Chancellor] . This summons was taken out by A. and B. of , in the county of (agents for C. and D. of • . in the county of ), solicitors for the applicant. To E. F. of [Or, To the above-named E. F.] Note. — If you do not attend either in person or by your solicitor at the time and place above mentioned [or, if the return day be enlarged, say, at the place above mentioned, at the time mentioned in the in- dorsement hereon], such order will be made and proceedings taken as the Judge may think just and expedient. Note: — For the above Form, see Schedule K, No. 1, to C. O. in Morgan, 622; And see 35 CO. t. 2, in Appendix A ; Morgan, 527. For an ordinary summons. See Form 7. For an administration summons, See Form 92, For a chief clerk's summons, See Form 127. As to the mode of preparing — issuing — filing duplicate — enlarging return — and serving summonses in general— and as to substituted service, See 35 C. O., rr. 2-8, in appendix A ; and 1 Judges' Reg., in appendix B ; Morgan, 527, 8, 696 ; 1 Smith, 905-10; Daniell, 888-893; Seton,48, 9; Ayckbourn, 468-47 1 ; Braithwaite, 657, 8. 6. Indorsement enlarging return of original siunmons. (Monday) the day of , 186 — , at — — of the clock in the ■ noon, is appointed for the parties wlio have not been served with this summons to attend at the chambers within mentioned. Dated this day of — — , 186—. Judge's ] {Name SfC. of Judge, Form 5.) . chambers Note: — See 35 C. O., n 8, in appendix A. 7. Ordinary Summons-^not to originate a Proceeding. In Chancery. ( Title of matter and {or) cause.) Let all parties concerned attend at my chambers in the Rolls' Yard, Chancery Lane [Or, No. 3, Stone Buildings, Lincoln's Inn- Or, No. .7. GENERAL SUMMON?. 12, Old Square, Lincoln's Inn— Or, No. 11, New Square, Lincoln's Inn], Middlesex, on the day of , 186—, at ot the clock in the noon, on the hearing of an application- on the part of {State on whose behalf the application is made— See wofe), that {State the precise object of the application— See index, 'Summons ). Dated this day of , 186 — . John Komillt, Master of the Rolls [Or, RiCHAED ToKisf KiNDEKSLET, Vice-Chancellor^ Or, , ; John Stuaet, Vice-Chancellor — Or, William Page Wood, Vice-Chancellor]. This summons was taken out by A. and B., of , in the county of (agents for C. and D., of , in the county of — — ), solicitors for the applicant. -To the defendant A. B., [Or, plaintiff, &c.] Note:— See Note to Form 5. Note as to the description of the Applicant. — 1. In General — If the applicant is a party, or quasi party, to the matter and (or J cause in which the smnmons is to be taken out — or is named in a deci'ee or order therein — he should he so described in the summons, as : the plaintiff— Or, the defendant A. B.— Or, CD., -who hy an order dated the - — day of — — 186 — , has liberty to attend the proceedings — Or, E. F , in the decree lOr, order] dated the day of 186 — , named ; In other caseshis residence and addition — that is, his business, profession, or rank in life — should be stated, as — G. H., of No. 81 Lincoln's Inn Fields, in the county of Middlesex, gentleman ; . And -where he applies in a representative character, or is under disability, such character or disability should be stated, as in the following examples :— 2. Personal representative. — -L. M., of (^residence and addition), the executor [^Or, administrator] of the late plaintiff [_Or, defendant A. B., Sfc, as above^. 3. Assignee of Bankrupt. — A. B., of, Ifc, the official [Or, creditors'] assignee of the estate and effects of C. D., of, Sfc, a bankrupt. 4. Assignee of Insolvent Debtor.-^ A. B., of, Sfc, the (provisional^ assignee of the estate and effects of C: D., of, Sfc, an insolvent debtor. 5. ffu. read over the contents of this affidavit to the said depo- to the [ nent A. B., and that he saw him sign his name [^Or, make signature i his mark] thereto, the said deponent A. B. being blind, [o»-,mark] 1 Before me, of the X. Y. {Sfc, See above). ; deponent I A. B. / E, F. of {address and addition). AFFIDAVITS AND AFFIKMAXIONS. 17 18. (h) Marksman. Sworn by the deponent A. B., at , in the county of TheMark I , this day of -^— , 1 86—, the whole of the above X 1 affidavit having been first read over to the said A. B , - of A. B. ^ who appeared perfectly to understand the same, and made his mark thereto in my presence, Before me, X. Y. (^c, See above). Note: — See Note to Fonn 14, and the collection of Jurats and Oaths in Braith- waite, 376-405 ; 2 Smith, 271-2. 17. AfSrmation by a ftuaker. In Chancery. (Full title.) I, A. B., of {address and addition), being one of the people called Quakers, do solemnly, sincerely, and truly affii-m as follows : — 2 That &c fC'^^"'" ^eans of knowledge. See Form l4.) • -D f Affirmed at (Sfc, Form 16), this day of , 186 — , \ Before me, X. Y. (^c, Form 16). Note : — For Foot-note, see Form 15. For Form of Affirmation Ijy a Separatist, under 3 & 4 W. 4, c. 82, and by an Ex-quaker, or Ex-moravian, under 1 & 2 V. c. 77, See Braithwaite, 384-6 j And see 1 Petersdorff, 265 (n). 18. Afarmation nnder 17 & 18 V. c. 125, s. 20. In Chancery. {Full title.) I, A. B., of {address and addition), do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful ; And I do also solemnly, sincerely, and truly affirm and declare as foUows : — o ^*!' i"' K'^^""' means of knowledge. See Form 14.) "Affirmed by the above-named A. B., at {S^c, See Form 14), this day of , 186 — , pursuant to the Act 17 & 18 A. B.-{ V. c. 125, before me, I having been first satisfied of the sincerity of the objection taken by the said A. B., from conscientious motives, to be sworn. X. Y. (^c. Form 16). Note;— See Braithwaite, 386 ; 1 Petersdorff, 265 ; And for Foot-note, Form 15. 19-20. AFFIDAVITS AND AFFIRMATIONS. 19. Affidavit of service of an Original Summons, where not for administration — Relation form. In Chancery. ( Title as in Summons.) I, , of , make oath and say as follows : — 1. I say that I did, on , the day of , serve the ahove- named defendant [^Or, of, ^c] with a summons in this cause and matter [Or, matter], bearing date the day of , issued from and under the seal of the chambers of the Master of the Rolls, '[Or, the Vice-Chancellor ], and addressed to the said and others, by delivering to and leaving with the said , at [Or, with (state what member of his family) of the said at his dwelling- house, situate ], a true copy of the said summons, duly stamped with a stamp of the record and writ clerks' oflSce, indicating the filing of a duplicate of the said summons at the said office, and at the same time showing the said the said summons, by which summons the said was required to attend at the chambers aforesaid, at Rolls' Yard {SfC, or as may be, according to the summons), on , the ^^-- day of , at of the clock in the noon, on the hearing of an application on the part of for the purposes therein specified. 2. And I further say that there was at the foot of the copy of the said summons so served, and at the foot of the said summons when so produced as aforesaid, a memorandum or statement that such summons was taken out by , of — — , solicitor for — , and a notice that if the said — — did not attend, either in person or by his solicitor, at the time and place mentioned in the said- summons \_0r, at the place mentioned in the said summons, at the time mentioned in the indorse- ment thereon], such order would be made and proceedings taken as the Judge might think just and expedient. (Tj^ the time has been extended, add, 3. And I further say that there was upon the copy so served, an indorsement, dated the — — day of , under the seal of the chambers of the said Judge, whereby , the day of — — , at of the clock in the noon, was appointed for the parties who had not been served with the said sum- mons to attend at the said chambers.) Sworn (Ac, Form 16). Note : — For the above Form, See Judges' Reg., Form I, in Morgan, 703 ; See also Form 14, ante; For affidavits of service of an Administration Summons, and of a Chief Clerk's Summons, See Forms 95 and 128. 20. The like of an ordinary Smnmons. In Chancery. ( Title as in Summons). I, , of , make oath and say as follows : — 1. I say that I did, on , the day of , serve Mi-. , the solicitor for the above-named defendant [Or, for , of &c.], with a OEDEHS. 21-22. summons in this cause [ Or, matter], bearing date the day of , issued from and under the seal of the chambers of the Master of the Rolls [ Or, the Vice-Chancellor ], and addressed to the said , by delivering to and leaving with the said [ Or, with , of the said 1 at his office, situate ], a true copy of the said summons, and at the same time showing the said the said summons, by which summons the said was required to attend at the chambers afore- said, at Rolls' Yard (^c, or as may be, according to the Summons), on , the day of , at of the clock in the noon, on the hearing of an application on the part of — — for (state the object). 2. And I further say that there was at the foot of the copy of the said summons so served, and at the foot of the said summons when so produced as aforesaid, a memorandum or statement that such summons was taken out by , of , solicitor for . Sworn (Sfc, Form 16). Note : — For the above Form, See Judges' Reg., Form 2, in Morgan, 704 j And see notes to Forms 14, 19. 21. Certificate on an Exhibit In Chancery. (Short title, as. In re Thomas Smith's Estate, Brown v. James.) This account [ Or, paper writing] marked (A.) was produced and shown to A. B. [C. D. and E. F.], and is the account [ Or, paper writing] referred to in his [their] affidavit [Or, affirmation] sworn \^0r, affirmed] this day of , 186 — , Before me ( Signature of commissioner or officer before whom the affidavit is sworn). Note : — For the above Form, See Judges' Reg., Form 4, in Morgan, 707; See also 11 and 12 Judges' Reg., in appendix B; Morgan, 698. VI. ORDERS. 22, General Form of a Chamber Order. Master of the Rolls [Or, Vice-Chancellor T .jj^j^^wj^g Kindersley— Or, Vice-ChanceUor Stuart— Or, |-j f "^^ i86_ Vice-Chancellor Wood] at Chambers. J ^ ' (Title) Upon the application of the plaintiff [ Or, defendant— Or, A. B.], and upon hearing the solicitors for the applicant, and for the defendant {Or A. B Or, plaintiff &c.— Or, if on affidavit of service, and upon 23. SCIENTIFIC ASSISTANCE. reading an affidavit of H. G., filed the day of , 186 — , of service of the summons on the defendant — Or, A. B. — Or, plaintiff, (J""-]? and upon reading (enter any evidence, as, an order dated the day of 186—, an affidavit of B. O., filed the day of , 186—, ^e.,) It is ordered that, ^•c. ; And it is ordered that, Src See Seton, 42. Costs in the cause : — And it is ordered that the costs of the applicant lOr, plaintiff— Or, defendant — Or, A. B. — Or, all parties] of this application be costs in the cause. See Seton, 87. Personal costs : — And it is ordered that the applicant B. A. do pay to (the defendant — Or, plaintiff) A. B. £ — ' — for his costs of this application [ Or, his costs of this application to be taxed by the Taxing Master in case the parties differ]. See Seton, 42. \Nb costs : — And the Judge doth not think fit to give any costs of this application on either side. See Seton, 87. - Application refused; — The Judge doth not think fit to make any order' upon this application ; (7)^ ant/ direction as to costs) But doth order that (See Forms above). See Seton, 42. X. Y. Chief Clerk. Note: — For various forms of entering evidence, See Seton, 23-26; And of directions as to costs, Id. 86-91, 6 ; See also, 15 & 16 V. c. 80, ss. 14, 15, in Morgan, 140, 1 ; 35 C. O. r. 32, in appendix A ; and 4 Judges' Reg., in appendix B ; Morgan, 537,697; 1 Smith, 25, 52, 915; Ayckbourn, 473 ; Braithwaite, 635,6; Tripp, index. As to appeals from orders made at chambers, See Snowdon v. Metropolitan Ry., 1 N. R. 457 J McVeagh v. Croall, 1 N. R. 408. VII. SCIENTIFIC ASSISTANCE. 23. Sketch of letter of instructions to a Scientific person. Master of the Eolls' \^0r, Vice- Chancellor 's] Chambers, &c., ,186—. (Short title.') Sir, By an order made in this matter and (or) cause, dated the It is ordered that (set out pertinent parts). ' On the application of (the plaintiff), the Master of the Eolls [ Or Vice-chancellor ] has appointed you as (State in what character, and for what purpose, the assistance is sought, as, the accountant to SCIENTIFIC ASSISTANCE. 24. make out the accounts directed to be taken by the said order of the dealings and transactions of the partnership therein mentioned). I send you herewith the following documents {specify them). Mr. C. D., of , the plaintiff's solicitor, and Mr. E. F., of , the defendant's solicitor, will furnish you with any further information you may require, and you will be so good as to communicate with them, and arrange as to the time and mode of entering on your duties. You will please to forward your certificate to me as soon as it is ready. The 15 & 16 V. c- 80, under which the Judge is empowered to obtain the assistance of (an accountant), provides, by s. 43, that the allowance in respect of fees to such (accountant) shall be regulated by the taxing. master of the court of chancery, subject to an appeal to the Judge to whose court the . cause or matter is attached, whose decision shall be final ; and you will consider that your appointment is made subject to this provision. I will thank you to acknowledge the receipt of this communication. I am, *c., X Y Chief Clerk. To B. A., of . Note: — See 15 & 16 V. c. 80, ss. 42, 3, in Morgan, 155 ; And as to the proper mode of using an accountant's report, See Hill o. King, 1 N. R. 341. 24. Sketch of Affidavit verifying Certificate of a Scientific person. In Chancery. {Title.) I, B. A., of {address and addition), make oath and say as follows :— 1. In pursuance of a letter of instructions dated the day of , 186 — , addressed to me in this matter and {or) cause by Mr. X. Y., the chief clerk of the Master of the Rolls \_0r, Vice-Chancellor ], I have {state what has been done in consequence). 2. All the statements in the certificate or report produced and shown to me at the time of swearing this affidavit, and signed by me, and marked (A), are true to the best of my judgment, knowledge, and belief. Sworn (^c, Form 16). 25. PAET II. MAIN PEOCEEDINGS IN SUITS M BILL IIP TO THE HEAEING. I. FILING THE BILL— SERVICE— APPEARANCE. 25. STunmons for leave to serve Bill (and Interrogatories) abroad. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that he may be at liberty to serve a printed copy of the plaintiff's bill filed ia this cause, having an indorsement thereon in the form prescribed by the act of parliament, and the 9th of the Cons.olidated Orders, rule 2, in that behalf, \_If so. And a copy of the Interrogatories filed in this cause for the examination of the defendant A. B. in answer to the said bill,] together with a copy of the order to be made hereon, upon the defendant A. B. at or elsewhere in the kingdom [Or, empire — Or, colony, &c.] of ; And that the time within which the said defendant A. B. is to appear to the said bill may be days [Or, weeks — Or, months] after such service \If in- terrogatories are to be served, add. And that the time within which the said defendant A. B. is to plead, answer, or demur, not demurring alone, to the said bill, or to obtain fi-om the court further time to make his defence to the said bill, may be days [Or, weeks — Or, months] after service of the said interrogatories]. Dated {S;c., Form 7). Note: — As to the value of the subject matter for which a suit may be instituted, and as to the authority to sue or defend, See note to Form 1. As to the parties to sue and be sued, generally, and in specific cases, See 15 & 16 V. c. 86, ss. 42-4, 9, 51, 2, 10 C. O. r. 11, in Morgan, 193-201, 206-214, 400, 798 1 Mitford, 22-34, 460; 1 Smith, 268, 293-360; Daniell, 5-199; Tripp, 8; Drewry PI. 1-4; Trowcr, 514; Lewin, 764; Fisher, 736; Seton, 1381; Ayckbourn, 685. As to the several kinds, and frame and end of bills. See Mitford, 35-122 ; 1 Smith, 741-818. As to the form, preparation, printing, writiiig, filing, indorsement, and furnishing copies of bills. See 15 & 16 V. c. 86, ss. 1-10, and 9 C. O., in Morgan, 157, 378; 1 Smith, 279, 283-8, 361, 3, 372; Daniell, 206-276; Tripp, 1-38; Seton, 1242; Drewry PI. 5-19, and Pr. 1-16 ; Ayckbourn, 7-14; Braithwaite, 16-28. As to informations, see Daniell, 5-20; 1 Smith, 268, 289; Ayckbourn, 256; Braithwaite, 623. As to registering a bill as a lis pendens, and entering satisfaction thereon. See I Smith, 291 ; Pask, 83, 122. FILINO THK BILL — SERVICE — APPEAKANCE. 26-27. As to ordinary and substituted service of a bill, See 1 Smith, 361-374 ; Daniell, 298-314; Morgan, 812; Ayckbourn, 14-25; Braithwaite, 32-4,515-7; and Seton, 1243-7, ■where various forms of orders as to service are given. As to the povirer to order service of the bill and interrogatories out of the jurisdiction — application for the order to serve — evidence in support — mode>of ser- vice — and application to discharge the order, See 2 W. 4, c. 33, 4 & 5 W, 4, c. 82, and 10 C. O. r. 7, in Morgan, 394-8 ; Cookney v. Anderson, 2 N. R. 140 ; National Ins. &c. Co. V. Carstairs, Id. 348 ; Tracy v. Smith, 1 N. R. 465 ; 1 Smith, 369-372; Daniell, 305-8; Tripp, 117; Drewry PI. 2; Ayckbourn, 18-20; Braithwaite, 33; And for the order to serve. See Seton, 1244. 26. Sketch of Affidavit in support. In Chancery. {Title.) I, C. D., of (address and addition), make oath and say as follows : — 1. (State very shortly the object of the suit, defendant's connexion loith it, and deponents means of knowledge). 2. (State facts shoioing the place or country where defendant is, or may probably be found, and deponents means of knowledge, as, The said defendant A. B. is a British subject, and is now residing at , in the kingdom \_0r, empire — Or, colony, Sfc.'\ of , out of the juris- diction of this honorable court, as I verily believe from a letter in the handwriting of the said defendant which I received from him through the post-office on the day of , and which purports to be dated from aforesaid on the day of ). Sworn (^c, Form 16). 27. Summons for leave to require an absconding Defendant to appear to the Bill. In Chancery. (Title.) (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the defendant A. B. may be ordered to appear to the plaintiff's bill on or before the day of next (usually one calendar month from return of summons); And that, a copy of the order to be made hereon, together with a notice thereof to the effect set forth at the foot of the 10th of the Consolidated Orders, rule 6, in that behalf, may be inserted in the London Gazette within fourteen days from the date of such order, and in two newspapers published in the county of — — (or as may be), on or before the day of next. Dated (SfC, Form 7). Note:— As to the power to order notice to an absconding defendant to appear, application for the order, and advertising the notice. See 10 C. O. r. 6, in 28-31. FILING THE BILL — SEKTICE— APPEAKANCE. Morgan, 393, 4, 765; 1 Smith, 380; Daniell, 312-4; Ayckbourn, 40-1; Braith- tvaite, 336 ; And for the order, Seton, 1248. 28. Sketch of Affidavit in support. In Chancery. {Title.) I, C. D., of (address and addition), make oath and say as follows : — 1 . ( State facts showing that defendant has been within the jurisdiction of the court at some time not more than two years before the bill was filed — and that he is beyond the seas — Or, that upon inquiry at his usual place of abode (if he had any), or at any other place or places where at the time when the bill was filed he might probably have been m,et with, he could not be found so as to be served with a copy of the bill, under the 15 & 16 V. e. 86, s. 3 — and that in either case there is just ground to believe that he has gone out of the realm or otherwise absconded to avoid being served with such copy of the bill or with other process — See 10 C. O. r. 6. — State also deponent's means of knowledge of the facts deposed to.) Sworn (Sfc, Form 16). Note: — The affidavit should, as far as possible, adopt the language of the 10 C. O. r. 6— See Seton, 1248. 29. Notice to appear. Notice : — A. B., take notice, that if you do not appear pursuant to the above order, the plaintiff may enter an appearance for you, and the Court may afterwards grant to the plaintiff such relief as he may appear to be entitled to on his own showing. 30. Summons for leave to appear for a sane adult defendant, served within or without the jurisdiction — or for an absconding defendant. In Chancery. (TUle.) (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that he may be at liberty to enter an appearance to his bill filed in this cause for the defendant A.B. Dated (Sec, Forml). ^^ Note :— See 10 C. O. rr. 4, 6, 7, in Morgan, 392, 4. 31. Affidavit in support, where service within the jurisdiction. In Chancery. (Title.) . I, C. D., of (address and addition), make oath and say as follows :— 1. I did, aa the day of , 186—, serve the above-named INTEEEOGATORIES FOE DEPENDANT'S EXAMINATION. 32-33, defendant A. B . with a printed copy of the plaintiff's bill filed in this cause, having an indorsement thereon in the form prescribed by the Act of Parliament, and the 9th of the consolidated orders of this court, rule 2, in that behalf, by delivering to and leaving with the said defendant personally [ Or, if not served personally, say, with a servant of the said defendant^ Or, with {state whom), a member of the family of the said defendant — at his dwelling-house, or usual place of abode — Or if on a substitute, say, by delivering to and leaving with E. F. the person named in the order hereinafter mentioned] at — • — in the county of , such printed copy with such indorsement thereon as aforesaid, and which said printed copy when so served as aforesaid, appeared to me to have been stamped with a stamp of the record and writ clerks' office, and purported to be a copy of the bill in this cause filed in the , said office on the day of 186 — . If served on a substitute, add, 2. At the time I served as aforesaid the said printed copy of the said bill on the said E. F., I also served him with an order made in this cause dated the day of 186 — , whereby it was ordered that (set out, in the past tetise, the direction for substituted service), by delivering to and leaving with the said E. F. at aforesaid, a true copy of the said order, and at the same time producing and showing to the said E. F. the said original order duly passed and entered. Sworn (^c, Form 16). Note : — For the practice as to entering an appearance by the defendant — or by the plaintiff on his default, See 10 C. O, in Morgan, 392-404; 1 Smith, 375-384; Daniell, 314-335; Ayckboarn, 37-44; Braithwaite, 321-338, 350; And for the orders relating to appearance, See Seton, 1247-9. U. INTERROGATORIES FOR DEFENDANT'S EXAMINATION. 32. Sninmons to extend the time to file interrogatories. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the time limited by the 1 1th of the consolidated orders, rule 2, for the plaintiff to file interrogatories in this cause for the examination of the defendant (A. B.) in answer to the plaintiff's bill, may be extended to the — — day 186— ; And that the costs of this application may be costs in the cause. Dated {^c, Form 7). Note:— See 15 & 16 V. c. 86, s. 12, and U C. O. r. 2, in Morgan, 162, 405. 33_ Order thereon. (Commence as in Form 22.) Upon the application of the plaintiff, and hearing the solicitors for the applicant, and for [Or, and upon c 34t^6. inteekogatories for defendant's examination. reading an affidavit of C. D. filed the day of 186— of service of the summons on] the defendant (A.B.), and upon reading {enter any evidence). It is ordered that the time limited by the 11th of the con- solidated orders, rule 2, for the plaintiff to file interrogatories in this cause for the examination of the defendant (A. B.) in answer to the plaintiff's bill, be extended to the day of ■ 186— {Add direction as to costs. See Form 22.) X. Y. Chief Clerk. Note : — For like order on motion, See Seton, 1243. 34. Smnmoiis for leave to file interrogatories where time expired. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that notwithstanding the eight days limited by the 11th of the consolidated orders, rule 2, have expired, the plaintiff may be at liberty on or before the day of 186 — , to file interroga- tories in this cause for the examination of the defendant (A. B.) in answer to the plaintiff's bill ; And that the costs of this application may be costs in the cause. Dated (^■c., Form 7), Note;— See 15 & 16 V. c. 86, s. 12, and 11 C. O. r. 2, in Morgan, 162, 405. 35. Order thereon. (^Commence as in Form 22.) TJpon the application (^-c, Form 33), It is ordered that notwithstanding the eight days limited by the 11th of the consolidated orders, rule 2, have expired, the plaintiff be at liberty, on or before the day of , to file interrogatories in this cause for ,the examination of the defendant (A. B.) in answer to the plaintiff's bill. {Add direction as to costs. See Form 22). X. Y., Chief Clerk. 36. Summons to extend the time for delivery of interrogatories. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the eight days limited by the 11th of the consolidated orders, rule 4 {or, 5), for the plaintiff to deliver to the defendant (A. B.), or to his solicitor, a copy of the interrogatories filed in this cause for the examination of the said defendant in answer to the plaintiff's bill, may be extended to the day of ; And that the costs of this application may be costs in the cause. Dated {SfC, Form 7). NOTE!— See 15 & 16 V. c. 86, s. 12, and 11 C. O., rr. 4, 5, in Morgan, 162, 406-7. DEFENCE BY DEMtlKEER — PLEA — ANSWER, ETC. 37-38. 37. Order thereon. {Commence as in Form 22.) Upon the application (^c, Form, 33), It is ordered that the eight days limited by the 11th of the consolidated orders, rule 4 {or, 5), for the plaintiif to deliver to the defendant (A. B.) or to his solicitor, a copy of the interrogatories filed in this cause for the examination of the said defendant in answer to the plain- tiff's bill, be extended to the day of . {Add direction, if any, as to costs, See Form 22.) X. T. Chief Clerk. Genebai, Note: — For the practice as to filing and delivering interrogatories, and applications for extended time, See 15 & 16 V. c. 86, s. 12, 10 C. O. r. 7, and 11 C. O., in Morgan, 162, 395, 404-7 ; 1 Smith, 385-9 ; Daniell, 261-4; Seton, 1243; Drewry, PI. 19-21, and Pr. 10; Ayckbourn, 44-9; Braithwaite, 34-38; And for forms of interrogatories, Tripp, 39-41. For a table of the yroccM in default of answer. See Seton, 1267; For the various orders relating to such process, and to taking the bill pro confesso. Id. 1260-7 ; And for the practice, Id.; 12 C. O., in Morgan, 407-418, 804-5; 1 Smith, 390-414; Daniell, 336-353, 366-378; Tripp, 121; Ayckbourn, 50-75; Braithwaite, 590, 640-2. For the cases in which a traversing note may or should be filed, and for the practice as to preparing, filing and serving traversing notes, See 15 & 16 V. u. 86, s. 26, and 13 C. O., in Morgan, 178, 418-421 ; 1 Smith, 498-501 ; Daniell, 362-5 ; Seton, 1246 ; Ayckbourn, 75-9 ; Braithwaite, 66-70 ; Drewry Pr. 23. in, DEFENCE BY DEMURRER— PLEA— ANSWER— OR DISCLAIMER. 38. Summons for further time to plead, answer, or demxir. {Commence as in Form 7), on the hearing of an application on the part of the defendant (A. B.), that he may have — days ^Or, weeks Or, months] further time to put in a plea, answer or demurrer, not demurring alone, to the pMntiff's (amended — Or, re-amended) bill ; And that the costs of this application may be costs in the cause. Dated (^c, Form 7). Note :— See 15 & 16 V; c. 86, s. 13, and 37 C. O. rr. 4-8, in Morgan, 163, 548-50 ; And note to Form 45. Form 38 is applicable as weU to a case where plaintiff has delivered interrogatories requiring an answer, as to a case where, no interrogatories having been delivered, defendant desires further time to put in a voluntary answer ; But, in the latter event, if the time has expired, Form 42 should be used. C 2 39-41. DEFENCE BY DEMUKEER — PLEA — ANSWBE, ETC. 39. Affidavit in support— where answer required. In Chancery. {Title) I, A. B., of {address and addition), a (the) defendant above-named [ Or, I, C. D., of {address), gentleman, the solicitor in this cause for the defendant A. B.], make oath and say, as follows : — ■ 1. Interrogatories for my examination [ Or, for the examination of the said defendant A. B.] in answer to the plaintiff's bill in this cause, were delivered to my solicitor [ Or, to me] on the day of , as . I know from {state means of knowkdge). 2. {State facts to show that due diligence has been since used — that the defendant is unable to put in his answer within the time already allowed — and that the further time iipplied for is necessary — Show also the deponents means of knowledge.) g^^^^ ^^^^ ^^^^ Ig^ 40. The like — ^where answer not required. {Commence as in Form 39.) 1. On the day of an appearance for me [ Or, for the said defendant A. B.] was entered to the plaintiff's bill in this cause, as I know from {state means of knowledge). 2. The time within which I [ Or, the said defendant] might have been served with interrogatories for my (his) examination in answer to the said bill expired on the day of , as I know from {state means of knowledge). 2. I am [ Or, the said defendant is] advised by counsel that it is material to my (his) defence to the said bill, that an answer should be put in by me [ Or, the said defendant] to the said bill, as I know from {state means of knowledge). 3. Such answer is not intended for the purpose of delay or vexation. 4. {State facts to show that due diligence has been used — that the defendant is unable to put in his answer within the time already allowed — and that the further time applied for is necessary — Show also the deponents means of knowledge.) ^ g^^^^ ^^^_^ ^^^^ ^^^ 41. Order thereon. {Commence as in Form 22.) Upon the application of the defendant (A. B.), and upon hearing the solicitor for the applicant, and for [Or, and upon reading an affidavit of C. D. filed the* day of 186 of service of the summons on] the plaintiff, and upon reading {enter any evidence), It is ordered that the applicant have days [ Or, weeks — Or, months] further time to put in a plea, answer, or de- murrer, not demurring alone, to the plaintiff's bill. {Add direction as to costs. See Form 22). X Y. Chief Clerk. DEFENCE BT DEMUEEEE — PLEA — ANSWER, ETC. 42-45. 42. Summons for leave to put in a plea, answer, or demurrer, where time expired, and no answer required. {Commence as in Form 7), on the hearing of an application on the pai-t ot the defendant (A. B.), that notwithstanding the time limited by the 37th of the consolidated orders, rule 5 [or 71 has expired, the applicant may be at liberty on or before the ' - day of — — , to put in a plea, answer, or demurrer, not demurring alone, \_0r, a plea or answer— Or, an answer only] to the plaintiff's (amended— Or, re-amended) bill ; And that the costs of this appli- cation may be costs in the cause. Dated (^c. Form 7). NoTE:_See 15 & 16 V. c 86, s. 13, aud 37 C. O., rr. 5, 7, in Morgan, 163. 548, 9 ; And note to Form 38. 43. Order thereon. {Commence as in Form 22.) Upon the application (^c, Form 41), It is ordered that notwithstanding the time limited by the 37th of the consolidated orders, rule 5 [or, 7], has expired, the applicant be at liberty, on or before the day of , to put in a plea, answer, or demurrer, not demurring alone, [^Or, a plea or answer — Or, an answer only] to the plaintiff's (amended — Or, re-amended) bill. {Add direction as to costs, See Form 22.) X. Y. Chief Clerk. 44. Summons for leave to put in a supplemental answer. {Commence as in Form 7), on the hearing of an application on the part of the defendant (A. B.), that he may be at liberty, on or before the day of , to put in a supplemental answer to the plaintiff's bill, for the purpose of {state the object) ; And that the costs of this application may be costs in the cause. Dated (^c, Form 7). Note : — As to supplemental answers, See Mitford, 386, 7 ; Baniell, 622-5 ; 1 Smith, 493-5 ; Drewry Pr. 97 ; Braithwaite, 48 ; And for order to file farther answer after replication, and replication to stand. See Seton, 1255. 45. Order thereon. {Commence as in Form 22.) ^ Upon the application (^c. Form 41), It is ordered that the defendant (A. B.) be at liberty, on or before the day of , to put in a supplemental answer to the plaintiff's bill, for the purpose of {state the object). {Add direction as to costs, See Form 22.) X. Y Chief Clerk. 46. plaintiff's ANSWEK to dependant's INTBKKOaATOKIES. Genbkai/ Note : — As to demurrers generally — their form — preparation — filing — amendment — submitting to— setting down — hearing— and effect, See 8 C. O., 14 C. O., and 16 G. O. 6 Mar. 1860, in Morgan, 377, 421-431, 766 ; Mitford, 448 ; Seton, 1052 ; Daniell, 437-492 ; Tripp, 42 ; 1 Smith, 429-445 ; Drewry, PI. 33-63, 144, 5, Pr. 12-16 ; Ayekbourn, 98-105 ; Braithwaite, 57-60 ; And for various orders relating to demurrers, Seton, 1152, 1257-9. As to pleas generally — their form — preparation— filing — setting down — replying to— hearing— amendment— and effect. See 8 C. O., 14 C. O., and 16 G. O. 6 Mar. 1860, in Morgan, 377, 421-431, 802 ; Mitford, 465 ; Seton, 1054 ; Daniell, 493-577 ; Tripp, 46; 1 Smith, 446-469; Drewry PI. 64-8, 146,7, Pr. 16-19; Ayekbourn, 105-112 ; Braithwaite, 61-6 ; Ellice v. Koupell, 11 W. R. 579 ; 2 N. R. 3 ; And for various orders relating to pleas, Seton, 1152, 1257-9. As to answers generally — their form — preparation — printing — filing — furnishing copies — and where defendant is under disability. See 15 & 16 V. c. 86, ss. 12-15, 8 C. O., 15 C. O., and Gen. Ord. 6 Mar. 1860, in Morgan, 162-7, 377,432-6, 747 ; Mitford, 438; Seton, 1055-61; Daniell, 578-613; Tripp, 48-54; 1 Smith, 470- 495 ; Drewry, PI. 69-81, 148-50, Pr. 19 ; Ayekbourn, 84-98 ; Braithwaite, 40-57 ; A. G. ». Etheridge, 11 W. R. 927 ; And for various orders relating to answers, Seton, 1254-6. As to disclaimers generally — their form — preparation — filing — and effect, See 8;C. O., r. 1, in Morgan, 377, 767 ; Mitford, 451 ; Seton, 378, 395 ; Daniell, 627-631 ; Tripp, 51; 1 Smith, 495-7 ; Drewry, PI. 80, Pr. 99 ; Ayekbourn, 112-14; Braith- waite, 57. As to the time allowed to demur alone. See 37 C. O. r. 3 ; And to plead, answer or demur, not demurring alone, where an answer is required — where not required on submission to exceptions^and after amendments and exceptions, See 15 & 16 V. 0. 86, s. 13, 16 C. O. rr. 8, 9, 14, and 37 C. O. rr. 4-8, in Morgan, 163, 438,-440, 548-550 ; And as to the mode of obtaining an extension of time, 2 Judges' Reg., in appendix B ; Bloxam, 1, 37 ; Seton, 45 ; 1 Smith, 424, 6, 472 ; Ayekbourn, 89- 91 ; Braithwaite, 56. And for a collection of orders relating to pleas, answers, and demurrers, See Seton, 1254-9. IV. PLAINTIFF'S ANSWER TO DEFENDANT'S INTEREOGATORIES. 46. Siumnons for further time for plaintiff to answer. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff (A.B.), that he may have days [Or, weeks Or, months] further time to answer the interrogatories file'd by the defendant (C. D.) for the examination of the applicant ; And that the costs of this application may be costs in the cause. Dated f&c. Form 7). ' EXCEPTIONS FOR INSrFFICIENCY. 47-49. 47. Order thereon. (^Commence as in Form 22.) Upon the application of the plaintiiF (A. B.), and upon hearing (^c, Form 33), It is ordered that the ap- plicant have days [ Or, weeks— Or, months] further time to answer the interrogatories filed by the defendant (C. D.) for the examination of the applicant. (Add direction as to costs, See Form 22.) X. Y. Chief Clerk. Note-: — As to the form — preparation — printing — filing — and delivery of a concise statement with interrogatories annexed for the plaintiff's examination, and the time allowed to answer, and mode of answering the same. See 15 & 16 V. c. 86, s. 19, and Gen. Ord. 6 Mar. 1860, in Morgan, 173, 679 ; 1 Smith, 742, 3; Ayckboum, 114-6 ; Braithwaite, 39 ; Tripp, 145. As to crossbills, See Mitford, 446 ; 1 Smith, 741. V. EXCEPTIONS FOR INSUFFICIENCY. 48. Snmmoiis for extended time to file exceptions. {Commence as in Form 7), on the hearing of an application on the part of the plaintiflF, that the time limited by the 16th of the consoli- dated orders, rule 6, for the plaintiff to file exceptions to the sufficiency of the answer of the defendant (A. B.) to the interrogatories filed by the plaintiff for the examination of the said defendant in answer to the plaintiff's bill, may be extended to the day of ; And that the costs of this application may be costs in the cause. Dated (^c, Form 7). Note :— See 1 6 C. O. r. 6, in Morgan, 437 ; Tripp, 1 59 j And general note. Form 53. 49^ Order thereon. (Commence as in Form 22.) Upon the application {^c, Form 33), It is ordered that the time limited by the 16th of the consolidated orders, rule 6, for the plaintiff to file exceptions to the sufficiency of the answer of the defendant (A. B.) to the interrogatories filed by the plaintiff for the examination of the said defendant in answer to the plaintiff's bill, be extended to the day of (Add direction as to costs, See Form 22.) X Y. Chief Clerk. 50-53. EXCEPTIONS FOE INSTJFFICIENCT. 50. Smnmons for leave to file exceptions. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that notwithstanding the time limited by the 16th of the consolidated orders, rule 6, has expired, the plaintiff may be at liberty, on or before the day of , to file exceptions to the suffi- ciency of the answer of the defendant (A.B.) to the interrogatories filed by the plaintiff for the examination of the said defendant in answer to the plaintiff's bill ; And that the costs of this application may be costs in the cause. Dated {Sfc, Form 7). 51. Order thereon. (Commence as in Form 22.) Upon the application (SfC, Form 33), It is ordered that notwithstanding the time limited by the 16th of the consolidated orders, rule 6, has expired, the plaintiff be at liberty on or before the day of , to file exceptions to the sufficiency of the answer of the defendant (A. B.) to the interrogatories filed by the plaintiff for the examination of the said defendant in answer to the plaintiff's bill. (Add direction as to costs, See Form 22.) X. T. Chief Clerk. 52. Snmmons for farther time to submit to exceptions. (Commence as in Form 7), on the hearing of an application on the part of the defendant (A. B.), that the time limited by the 16th of the consolidated orders, rule 8, for the applicant to submit to the excep- tions taken by the plaintiff to the sufficiency of the answer of the ap- plicant to the interrogatories filed by the plaintiff for the examination of the applicant in answer to the plaintiff's bill, may be 'extended to the day of ; And "that the costs of this application maybe costs in the cause. Dated (Sfc, Form 7). Note : — See 16 C. O. r. 8, in Morgan, 438 ; And general note, Form 53. 53. Order thereon. (Commence as in Form 22.) Upon the application (^c. Form 41), It is ordered that the time limited by the 16th of the consolidated orders, rule 8, for the applicant to submit to the exceptions taken by the plaintiff to the sufficiency of the answer of the applicant to the interrogatories filed by the plaintiff for the examination of the appli- cant in answer to the plaintiff's bill, be extended to the day of . (Add direction as to costs, Form 22. ) X. T. Chief Clerk, AMENDMENT OF BILL AND INTEKEOGATOKIES. 54-55. GENERAii Note : — As to exceptions generally — the time alloTred to except and submit — and the form — preparation — ^filing— submitting to — setting down — over- ruling — and allowance of exceptions, See 16 CO., and 16 6. O. 6 Mar. 1860, in Morgan, 436-441, 771; Mitford, 376-8; 1 Smith, 502-516; DanieU, 613-627; Tripp, 55, 6, 159 ; Drewry Pr. 25-30 ; Ayckbourn, 118-124 ; Braithwaite, 126-130 ; 11 W. R. 636 ; And for Yarious orders relating to exceptions, Seton, 1256, 7. VI. AMENDMENT OP BILL AND INTEEROGATOEIES. 54. Summons to (withdraw replication and) amend bill (and •interrogatories). ( Commence as in Form 7), on the hearing of an application on the part of the plaintiffs, that they may be at liberty to (withdraw their replication and) amend [ Or, reamend] their bill (and also the interro- gatories filed by them for the examination of the defendant (B. A.) in answer to the said bill}, If to amend generally : — as they may be advised ; If to add parties : — by adding parties with apt words to charge them; If to strike out a defendant: — ^by striking out the name of the defendant B. A., and otherwise in relation thereto as they may be advised ; If to strike out a plaintiff (and make him a defendant) : — by striking out the name of the plaintiff A. B. (and making him a defendant), and otherwise in relation thereto as they may be advised ; i^ no answer required: — without requiring an answer to the amend- ments from any of the defendants [Or, the defendant A. B — Or, such of the defendants as have put in an answer]. Costs : And that the costs of this application may be costs in the cause. Dated (^e.. Form 7). Note :— See 9 C. O. rr. 10, 11, in Morgan, 383 ; And general note, Form 58. 55. Affidavit in support. In Chancery. (Full title) We A B of (address and addition), and C. D., of (address and addition), the above-named plaintiffs, and E. R, of (address), gent\ema,n the solicitor in this cause for the said plaintiffs, severally make oath and say as follows ,: — 56. AMENDMENT OF BILL AND INTEKBOGATOEIES. 1. The counsel of the said plaintiffs has advised that the bill in this cause should be amended [ Or, reamended], as we know from {state means of knowledge, as, having perused the opinion of the said counsel). 2. The draft of the amend[mentsproposed to be made in the said bill has been settled tsai approve^^y?h® ®^id counsel, as we know from {state means of knowledge, as, laving perused the said draft amend- ments) ; 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. And I the said E. F. for myself further say as follows : — 3. If so. The answer of the defendant \_0r, defendants — Or, if there are several defendants who do not join in the same answer. The answer of the defendant G. H., being the last of the answers required to be put in,] was filed on the day of , and was deemed \_0r, held to be] sufficient on the day of (or a* may he) ; If so, and since an (the) answer has been put in an order of course, dated the day of ■ , for leave to amend the plaintiffs' bill has been ob- tained ; I know the foregoing facts from a perusal of the papers in this cause. 4. No replication has yet been filed in this cause, and the plaintiffs have not undertaken to file replication therein, as I know from a perusal of the papers in this cause ; Or, if plaintiffs have filed or undertaken to file a replication — Or after the expiration of four weeks from the time when the answer, or the last of the answers required to be put in, is to be deemed, or is held to be sufficient — substitute for paragaph 4 the following : — And we severally further say as follows : — 4. 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 (state circumstances showing that the amendment is material, and that due diligence has been used). Sworn (Sfc, Form 16). Note :— See 9 C. 0. rr. 14-16, in Morgan, 385-6 j And general note. Form 58. As to cross-examination of the deponent. See Catholic &c. Co. v. Wyman, 1 N. R. 468 ; H W. R. 399. In case the plaintiffs, from being abroad or otherwise, are unable to join in the affida-vit, the affidavit should be made by the solicitor alone, and the reason for the nonjoinder of the plaintiffs be stated therein. See r. 16. 56. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiffs (^c, Form 33), It is ordere'd that the plaintiffs be at liberty Time to amefid limited: — on or before the day of AMENDMENT OF BILL AND INTEEROGATOEIES. 57. To withdraw replication : — to withdraw their replication and, To amend bill : — amend [ Or, reamend] their bill, And interrogatories : — and also the interrogatories filed by them for the examination of the defendant (B. A.) in answer to the said biU, To amend generally : — as they may be advised ; To add parties : — ^by adding parties with apt words to charge them ; To strike out a defendant: — ^by striking out the name of the defendant B. A., and otherwise in relation thereto as they may be advised ; To strike out a plaintiff {and make him a defendant} without security for costs : — by striking out the name of the plaintiff, A. B. (and making him a defendant), and otherwise in relation thereto as they may be advised; ■• To strike out a plaintiff (and make him a defendant) on security for costs : — upon the plaintiffs A. B. and C. D. giving security, to be approved of by the judge, in case the parties differ, to answer the defendant's costs to this time in case any shall be awarded to be paid by the said plaintiffs to the defendant, the plaintiffs be at liberty to amend [Or, reamend] their bill by striking out the name of the plaintiff A. B. (and making him a defendant), and otherwise in relation thereto as they may be advised ; No answer required: — without requiring an answer to the amend- ments from any of the defendants [_0r, the defendant B. A. — Or, such of the defendants as have put in an answer]. Costs : — (Add direction as to costs. See Form 22.) X. Y. Chief Clerk. Note: — See general note. Form 58. For order to withdraw replication and amend after evidence has been gone into, ■without prejudice to such evidence being used. See Seton, 1253. For orders as to amending the bill, where the cause has come on for hearing. See Seton, 11 13 ; And as to amendment after decree. See Earl Darnley v. L. C. & D. Ey., 1 N. R. 409 ; And see 11 W. R. 632 ; 2 N. R. 152. And for a collection of other orders as to amending bills. See Seton, 1251-3. 57. Summons to extend the time to amend. (^Commence as in Form 7), on the hearing of an application on the part of the plaintiffs, that the time limited by the order of the day of , (special order to amend within the time thereby limited— Or, if none was limited— Or in the case of an order of course— say, limi- ted by the 9th of the consolidated orders) for the apphcants to amend their bill pursuant to the said order \_0r, pursuant to the order of the 58-59. MOTION FOK DECREE. day of ], may be extended to the day of ; And that the costs of this application may be costs in the cause. Dated {Sfc, Form 7). Note:— See 9 C. O. rr. 17, 24, and 33 C. O. i. 11, in Morgan 386, 8, 518. 58. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiif (^c, Form 33), It is ordered that the time limited by the order of the day of — — , {special order to amend within the time thereby limited — Or, if none was limited — Or in the case of an order of course -^say, limited by the 9th of the consolidated orders) for the applicants to amend their bill pursuant to the said order [ Or, pursuant to the order of the day of ^], be extended to the day of . {Add direction as to costs, see Form 22.) X. Y Chief Clerk. Genekai Note : — As to the kinds of amendment that may he made — at what stage — application for the common or special order to amend — mode of amendment — and service of amended copies. See 9 C. O. rr. 8-24, in Morgan, 381-8 ; Mitford, 443; 1 Smith, 517-532; Daniell, 276-297; Tripp, 68, 9, 183; Drewry Pr. 123-8; Ayck- honrn, 26-37; Braithwaite, 582; Parker o. Nickson, 11 W. E. 635; And Seton, 1251-3, where forms of the common and special orders are given. VII. MOTION FOE DECREE. 59. Notice of motion for a decree. In Chancery. {Title.) Take Notice that this honorable court will be moved by Mr. , of counsel for the plaintiff, before the right honorable the Master of the Rolls [Or, his honor the Vice- Chancellor ] after the expira- tion of one month from the service of this notice, or whenever thereafter this cause shall come on to be heard on such motion, for a decree or decretal order according to the prayer of the plaintiff's bill ; or that such other decree or decretal order may be made as this honorable court may consider the Plaintiff entitled to; And take notice that a list of the affidavits intended to be used by the MOTION FOB DECREE. 60-61 plaintifiF on the hearing, and in support of such motion is set forth at the foot of this notice. Dated this day of , 186 — . Yours, &c., A. B. of , Solicitor [ Or, Agent] for the plaintiff. To The defendants, and their respective solicitors, [Or, agents]. List of affidavits above referred to. 1. Affidavit of A. B., filed the day of 2. Affidavit of C. D., filed the day of . Note :— See 15 & 16 V. c 86, s. 15, and 33 C. O. rr. 4, 5, in Morgan, 165, 514; And general note, Form 68. 60. Affidavit of service. In Chancery. ( Title.^ I, A. B., of (address and addition), make oath and say as follows : — 1. I did on the day of now instant [ Or, last] serve Mr. C D., of (address), the solicitor in this cause for the defendant E. F., with a notice in writing purporting that this honorable court would be moved (S^c., set out, in the past tense, the hody of the notice)' by delivering to and leaving with the said Mr. C. D., at [.Or, with the clerk of the said Mr. C. D., at his office, situate at- aforesaid], a true copy of the said notiRe,^S>dr&life'^trna<:apy o f the list of affi da- vitrTefeiTed-taiaj.,aEJi.Sfit_fiicw^:ai.Ae fp of"lEe^l8td~itoticeir and of which list the sch.edule hereto "Jb a true copy. _ — Sworn (SfC, Form 16).~ The Schedule above referred to. (^Set out list of affidavits.) 61. Smnmons for further time to serve the notice. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the time within which the applicant may serve notice of motion for a decree or decretal order in this cause may be (further) enlarged to the day of ; And that the costs of this application may be costs in the cause. Dated (^c. Form 7). Note:— See 37 C. O. r. 17, in Morgan 553; And general note, Form 68. Form 61 may be combined with Form 69 in one summons, if desired. 62-65. MOTION FOR DECKEE. 62. Order thereon. (.Commence as in Form 22.) ' Upon the application of the plaintiff, (^c, Form 33), It is ordered, that the time within which the applicant may serve notice of motion for a decree or decretal order in this cause Ije (further) enlarged to the day of . {Add direction as to costs. See Form 22.) X Y Chief Clerk. 63. Sununojis for time to file affidavits in answer to the motion. ( Commence as in Form 7), on the hearing of an application on the part of the defendant (E. F.), that the time limited by the 33rd of the consolidated orders, rule 6, for the applicant to file afSdavits in answer to the plaintiff's motion for a decree may be (further) extended to the day of ; And that the costs of this application may be costs in the cause. Dated {S^c, Form 7). Note;— See 33 C. O. i. 6, in Morgan, 515; And general note. Form 68. 64. Order thereon. {Commence as in Form 22.) Upon the application of the defendant (A. B.), {SfC, Form 41), It is ordered that the time limited by the 33rd of the consolidated orders, rule 6, for the applicant \_0r, for the defendants in this cause] to file affidavits in answer to the plaintiff's motion for a decree, be (further) extended to the ^ day of . {Add direction as to costs, See Form 22.) X. Y. Chief Clerk. 65. Summons for time to reply to defendant's affidavits. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the time limited by the 33rd of the consoli- dated orders, rule 7, for the applicant to file affidavits in reply to the affidavits filed by the defendant A. B., {Or, defendants) in answer to the plaintiff's motion for a decree, may be (further) extended to the day of , 186— ; And that the costs of this application may be costs in the cause. Dated {^c. Form 7). Note:— See 33 C. O. r. 7, in Morgan, 515; And general notej form 68, MOTION FOE DECEEB. 66-68. 66. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiff, (Sfc, Form 33), It is ordered that the time limited by the 33rd of the consolidated orders, rule 7, for the applicant to file afiidavits in reply- to the affidavits filed by the defendant A. B. ( Or, defendants) in answer to the plaintiff's motion for a decree, be (further) extended to the day of , 186 — . (Add direction as to costs. See Form 22.) X. Y. Chief Clerk. 67. Summons for extended time to serve notice to produce deponents for cross-examination. {Commence as in Form 7)^ on the hearing of an application on the part of the plaintiff [ Or, defendant A. B.], that the time limited by the general order of 5th February 1861, rule 19, for the applicant to serve notice requiring the production for cross-examination before the examiner of the deponents who have made the affidavits filed by the defendant A. B. [_0r, plaintiff] in support of [^Or, in answer to] the plaintiff's motion for a decree, may be (further) extended to the day of , 186 — ; And that, the costs of this application may be costs in the cause. Dated {SfC, Form 7.) Note: — See Gen. Ord. 5 Feb. 1861, r> 19, in Morgan, 690; And general note, Form 68. 68. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiff {^c.. Form 33 — Or, defendant A. B., SfC, Form 41), It is ordered that the time limited by the general order of 5th February 1861, rule 19, for the applicant l^Or, for the plaintiff and defendants respectively] to serve notice requiring the production for cross-examination before the examiner of the deponents who have made the affidavits filed by the defendant A. B. [Or, plaintiff — Or, plaintiff and defendants respect- ively] in support of [Or, (and) ] in answer to the plaintiff's motion for a decree, be further extended to the day of , 186 — . {Add direction as to costs, See Form 22.) X. Y. Chief Clerk. General Note: — As to motions for decree — and filing affidavits, and examining and cross-examining -witnesses and deponents, in support — in opposition — and in reply— and the times allowed for so doing — and as to printing the affidavits and depositions, See 1 5 & 1 6 V. c. 86, ss. 1 3, 1 5, 1 6, 40^33 C. O. rr. 4-9—37 C. O. rr. 1 0, 1 5 —Gen. Ord. 5 Feb. 1861, rr. 19, 20, 22— and 6 and 10 Registrars' Reg., Mar. 1860, in 69-72. EEPLICATION AND JOINING ISSUE. Morgan, 163, 6, 7, 192, 514-6, 551, 2, 690, 1, .732, 4; Gen. Ord. 16 May 1862 ; Seton, 26-9 j 1 Smith, 549-557 j Daniell, 660-4 ; Tripp, 63, 159 ; Drewry Pr. 49-51 j Ayckbonrn, 124-131 ; Braithwaite, 631 ; Brumfit o. Hart, 11 "W. B. 53; And for form of decree on such motion, Seton, 26. As to service out of the jurisdiction. See Middleton v. Chichester, 1 N. K. 255. VIII. EEPLICATION AND JOINING ISSUE. 69. Suininons for fiirtlier time to file replication. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the time within which the applicant may iile his replication in this cause may be enlarged to the day of ; And that the costs of this application may be costs in the cause. Dated (Sfc., Form 7). Note:— See 37 C. O. r. 17, in Morgan, 553; And general note, Form 72. Form 69 may be combined with Form 61 in one summons, if desired. 70. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiff (^■c., Form 33), It is ordered that the time within which the applicant may file his replication in this cause be enlarged to the day of . (Add direction as to costs, See Form 22.) X. Y. Chief Clerk. 71. Summons for l6ave to withdraw replication. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that he may be at liberty to withdraw his replica- tion in this cause ; And that the costs of this application may be costs in the cause. Dated (<§-c,, Form 7). Note : — See general note, Form 72. For summons and order to -vrithdraw replication and amend the bill. See Forms 54, 56. 72. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiff (4rc., Form 33), It is ordered that the applicant be at liberty to EVIDENCE AFTER ISSUE JOINED. 73-74. withdraw his replication in this cause. (Add direction as to costs, See Form 22.) X. Y. Chief Clerk. Generai, Note : — As to the cases in which a replication should be filed — within what time — obtaining enlargement of time — and the form— preparation — filing — notifying — amending — and withdrawing of replications, See 15 & 16 V. c. 86, s. 26, 17 C. O., 33 C. O., r. 10, and 16 G. O. 6 Mar. I860, in Morgan, 178, 442, 516, 681 ; Mitford, 472; 1 Smith, 642-7; Seton, 1253; Daniell, 665-8; Drewry Pr. 34-6; Ayckbourn, 131-5; Braithwaite, 70-9. For order to serve notice of replication abroad. See Tripp, 119. IX. EVIDENCE AFTER ISSUE JOINED. 1. In General. 73. Smmnoiis for time to notify iateution to use affidavits or depositions filed or made before issue joined. (^Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B.], that the time limited by the 19th of the consolidated orders, rule 12, for the applicant to give notice of his intention to use at the hearing of this cause any affidavit or deposition filed or made before issue joined therein, may be (further) enlarged to the day of 186 — ; And that the costs of this application may be costs in the cause. Dated (Sfc, Form 7). Note . — See 19 C, O. r. 12, and 37 C. O. i'. 15, in Morgan, 450, 552 ; And general note. Form 90. 74. Order thereon. (Commence as in Form 22.) Upon the application of the plaintiff [^c , Form 33 - Or, defendant A. B. SfC, Form 41], It is ordered that the time limited by the 19th of the consolidated orders, rule 12, for the applicant to give notice of his intention to use at the hearing of this cause any affidavit or deposition filed or made before issue joined therein, be (further) enlarged to the day of 186 — {Add direction as to costs. See Form 22.) X. Y., Chief Clerk. D l^-'it. etidence after issue joined. 2. Issue Joined before Easter Term 1861. 75. Summons to enlarge time for closing evidence. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B.], that the time for closing' the evidence in this cause may be (further) enlarged to the day of 186 — ; And that the month during which any wit- ness who has made or may make an affidavit is to be subject to cross- examination, may be enlarged for one month from the said day of 186 — ; And that the costs of this application may be costs in the cause. Dated (S^c, Form 7). NoTK : — See 19 C. O. r. 13, and 37 C. O. r. 15, in Morgan, 450, 552 ; And general note, Form 90. 76. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiff {Sfc, Form 33 — Or, defendant A. B., &c., Form 41), It is ordered that the time for closing the evidence in this cause be (further) enlarged to the day of 186 — {Ift^*^ cause is to be, or may be, set down in the meantime, add, the plaintiff by his solicitor undertaking' to set down this cause forthwith for hearing — Or, but the plaintiff [Or, de- fendant A. B.] is to be at liberty to set down this cause in the mean- time for hearing); And it is ordered that the month during which any witness who has made or may make an affidavit is to be subject to cross-examination, be enlarged for one mouth from the said day of • 186 — . {Add direction as to costs, See Form 22.) X. Y. Chief Clerk. 77. Summons for leave to use affidavit after evidence closed. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B.], that notwithstanding tho time fixed for closing the evidence in this cause has expired, the ap- plicant may be at liberty, on or before the day of 186 to file the affidavit of C. D. sworn in this cause the day of 186 — , and to read and use such affidavit as evidence on the part of the applicant at the hearing of this cause, saving all just exceptions; And that the defendant [ Or, plaintiff] be at liberty to cross-examine the said C. D. on his said affidavit on or before the . day of 186 — ; And that the costs of this application maybe costs in the cause. Dated (^c. Form 7). Note:— See 15 & 16 V. c. 86, s. 38, in Morgan, 187; And general note, Form 90. EVIDENCE AFTER ISSUE JOINED. 78-81. 78. Order thereon. { Commence as in Form 22.) Upon the application of the plaintiff [&o , Form 33 — Or, defendant A. B., ^c. Form 41], It is ordered that the applicant be at liberty, on or before the day of 186 — , to file the affidavit of C. D., sworn in this cause the day of 186 — , and to read and use such affidavit as evidence on the part of the appli- cant at the hearing of this cause, saving all just exceptions ; And it is ordered that the defendant [ Or, plaintiff] be at liberty to cross-examine the said C. D. on his said affidavit on or before the day of 186 — . (Add direction as to costs. See Form 22.) X Y Chief Clerk. 79. Summons to enlarge time for cross-examination of witnesses. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B.], that the time within which any witness who has made an affidavit or affidavits, intended to be used on the hearing of this cause, is to be subject to cross-examination, may be enlarged to the day of , 186 — ; And that the costs of this application may be costs in the cause. Dated {Sfc, Form 7). Note : — See 19 C. O. i. 13, in Morgan, 450 ; And general note. Form 90. 80. Order thereon. ( Commence as in Form 22.) Upon the application of the plaintiff [^c, Form 33 — Or, defendant A. B., ^c. Form 41], It is ordered that the time within which any witness who has made an affidavit or affi- davits, intended to be used on the hearing of this cause, is to he subject to cross-examination, be enlarged to the day of , 186 — . (Add direction as to costs, See Form 22.) X. Y. Chief Clerk. 3. Issue Joined in oe since Eastee Teem 1861. 81. Summons for time to apply that evidence be taken viv^ voce at the hearing. (^Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant A. B.], that the time limited by the general order of 5th February 1861, rule 3, for the applicant to apply for an order that the evidence in chief as to any facts or issues may be taken viva voce at the hearing of this cause, may be (further) 82-84. ETIDENCE AFTER ISStJE JOINED. extended to the day of 186—; And that the costs of this application may be costs in the cause. Dated {S/'c, Form 1). Note :— See Gen. Ord. 5 Feb. 1861, r. 3, in Morgan, 685 ; And general note, Form 90. 82. Order thereon ( Commence as in Form 22.) Upon the application of the plaintiff [<^c., Form 33 — Or, defendant A. B.. ^c. Form 41], It is ordered that the time limited by the general order of 5th February 1861, rule 3, for the applicant [Or, defendant A. JB. — Or, for the plaintiff and defendants respectively] to apply for an order that the evidence in chief as to any facts or issues may be taken viva voce at the hearing of this cause, be (further) extended to the day of 186 — . {Add direction as to costs, See Form 22.) X Y. Chief Clerk. 83. Summons for evidence to be taken viv§. voce at the hearing. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant A. B.], that the evidence in chief as to the facts and {or) issues hereinafter specified [Or, specified in the schedule hereunto annexed] may be taken viva voce at the hearing of this cause, that is to say {specify the facts and issues distinctly and concisely, either here, or in a schedule) ; And that the costs of this application may be costs in the cause. Dated {Sfc, Form 7). [The schedule above referred to.] Note:— See Gen. Ord. 5 Feb. 1861, r. 3, in Morgan, 685; And general note, Form 90. For the order — which is drawn up by the registrar — See Seton, 1276. 84. Summons to enlarge time for closing evidence in chief. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant A. B.], that the evidence in chief in this cause to be used at the hearing thereof {If an order as to facts or issues has been made, add, in respect of facts and {or) issues not included in the order dated the day of 186 ), may be (further) enlarged to the day of 186— ; And that' the costs of this application may be costs in the cause. Dated {^c. Form 7). Note:— See Gen. Ord. 5 Feb. 1861, r. 3, in Morgan, 553; And general note Form 90. EVIDENCE AFTER ISSUE JOINED. 85-87. 85. Order thereon. {Commence as in Form 22.) Upon the application of the plaintiff [^c, Form. 33— Or, defendant A. B. Sfc, Form 41], It is ordered that the evidence in chief in this cause to be used at the hearing thereof {If an order as to facts or issues has been made, add, in respect of facts and Cor) issues not included in the Order dated the day of 186 ), be (further) enlarged to the day of ^ 186—. {Add direction as to costs. See Form 22. ) X. Y., Chief Clerk. 86. Summons to take examination or cross-examination before an examiner. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff ^Or, defendant A." B.], that the applicfint may be at liberty to examine 0. D., of , as a witness, in this cause on the part of the applicant [ Or, to cross-examine C. D. on his examina- tion £0r, afBdavit], filed in this cause the day of 186—], before one of the examiners of this court \^0r, before E. F., of {address and addition)'], in the manner prescribed by the statute 15 & 16 V. cap. 86, notwithstanding the general order of this court of the 5th day of February 1861 (And that such examiner may be ordered to attend for the purpose of such examination [ Or, cross-examination] at {i. e. some place or places in England or JVales)); And that the costs of this application may be costs in the cause. Dated {^c. Form 7). Note: — See Gen. Ord., 5 Feb. 1861, rr. li, 12, in Morgan, 688; And general note. Form 90. For like order, on motion under r. 11, See Seton, 1276. 87. Summons for extended time to serve notice to produce deponents for cross-examination, ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B.], that the time limited by the general order of 5th February 1861, rule 19, for the applicant to serve notice requiring the production for cross-examination before the court at the hearing of this cause of the deponents who have made the affidavits filed \_0r, (and) the vritnesses who have been examined] by the defendant A. B. {_0r, plaintiff], may be (further) extended to the day of 186 — ; And that the costs of this application may be costs in the cause. Dated {Sfc, Form 7). Note:— See Gen. Ord., 5 Feb. 1861, r. 19, in Morgan, 690; And general note, Form 90. 88-90. EVIDENCE AFTEE ISSUE JOINED. 88. Order thereon. {^Commence as in Form 7.) Upon the application of the plaintiff [^•c., Form SB— Or, defendant A. B. ^c, Form 41], It is ordered that the time limited by the general order of 5th February 1861, rule 19, for the applicant to serve notice requiring the production for cross- examination before the court at the hearing of this cause of the deponents who have made the affidavits filed, [Or, (and) the witnesses who have been examined,] by the defendant A. B. \_Or, plaintiff] be (further) extended to the day of 186 — . {Add direction as to costs. See Form 22.) X Y Chief Clerk. 89. Summons to fix a day for hearing the cause. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant A. B.], that pursuant to the general order of oth February 1861, rule 21, a day may be fixed for the hearing of this cause ; And that the costs of this application may be costs in the cause. Dated (Sfc, Form 7). Note: — See Gen. Ord., 5 Feb. 1861, r. 21, in Morgan, 691 ; And general note, Form 90. 90. Minute of day fixed thereon. The Master of the Rolls "j [Oj", Vice- Chancellor ] }■ A. v. B. at chambers. J The Master of the Eolls [ Or, Vice-Chancellor ] has fixed the day of 186 — , to hear this cause (If so, and has directed this cause to be placed at the head of his paper of causes for that day). Dated the day of 186 — . X. Y. Chief Clerk. Genekal Note: — For the general principles of evidence — and practice as to adducing it by documents, by witnesses, and by affidavit, See 19 0. O., in Morgan, 446-451; 1 Smith, 561-640; Seton, 7-21, 1341; Daniell, 669-744; Drewry Pr. index, p. 11; Ayckbourn, 136-174; Cox v. Stephens, 11 "W. R. 927; Taylor; Powell; Gresley. ' As to the time allowed for adducing evidence after issue joined, and mode of cftltaining an enlargement, See 15 & 16 V. c. 86, s. 88, 19 C. O., 37 C. O., r. 15, and Gen. Ord., 5 Feb. 1861, in Morgan, 187, 446, 552, 684; Seton, 9-13 ; 1 Smith, 647-652 ; Ayckbourn, 175-7 ; Ford v. Tennant, 11 W. E. 275. CONSENTS AS TO MODE OF PROOEDUKE. 91. As to reasonable notice to a witness, under Gen. Ord. 5 Feb. 1861, r. 22, See North Wheal, &c. Co., 1 N. R. 42. For a collection of orders as to evidence, See Scton, 1275. X. CONSENTS AS TO MODE OF PROCEDURE. 91. SummoiiB for leave to consent, ( Commence as in Form 7), on the hearing of an application on the part of the plaintiif \^0r, defendant A. B.], an infant [Or, the wife of (the defendant) CD. — Or, a person of unsound mind, net found so by inquisition] by E. F. his (her) next friend [Or, guardian], that the said E. F. as such next friend \_0r, guardian] may be at liberty, on behalf of the applicant, to consent to the following mode of taking evidence \_0r, of procedure] in this cause, that is to say, (state it) ; And that the costs of this application may be costs in the cause, "Dated (^c, Form 7). Note : — See Gen. Ord. 5 Feb. 1861, r. 24, in Morgan, 691 ; And see also as to admissions, 21 & 22 V. c. 27, s. 7, 1 C. O., r. 44, and 41 C. O. r. 39, in Morgan, 275, 353, 485; Seton, 21, 1312 ; Daniell, 669-679 ; 1 Smith, 640 ; Drewry, 104-6; Churchill v. CoUer, 1 N. B. 82; And for a Form of Admissions, 2 Smith, 316 ; Tripp, 147. For the practice as to setting down the cause — issuing subpoena to hear judgment — examining witnesses at the hearing — compelling their attendance — and hearing and adjourning the hearing of the cause. Sec 21 0. O., in Morgan, 452-6 ; 1 Smith, 602-4, 653-673; Ayckboum, 178-194; Seton, 5, 1113-20; Daniell, 746-762 ; Drewry Pr. 134-7. As to taking bills pro confesso, and forms connected therewith. See 22 C. O., in Morgan, 456; Seton, 1128-32; 1 Smith, 390-407; Daniell, 366-378; Tripp, 121; Drewry Pr. index, pp. 22, 3 ; Ayckboum, 63-75 ; Braithwaite, 640-2. As to trials before the court of chancery, with and without a jury, and the forms connected therewith. See 21 & 22 V. e. 27, and 41 C. O., rr. 26-52, in Morgan, 271, 581, 588 ; 25 & 26 V. c. 42 ; Re Hooper, 11 W. B. 130 ; Seton, 970-4, 1283 ; Ayck- boum, 342-364 ; 1 Smith, 599-602. As to decrees and orders generally, See 23 C. O., in Morgan, 467 ; Seton, 1 et seq., 1333; Daniell, 763-776; Drewry Pr. 137 ; Ayckboum, 194-200; 1 Smith, 686-9. For a very full collection of decrees and orders, with practical notes, See Seton, i.-xlvlii.; And for forms of entries of evidence therein, Id. 23-6 ; And see Tripp, 117-44. &1, CONSENTS AS TO MODE OF PEOCEDtJEE. For the practice as to passing, entering; and rectifying decrees aud orders, and for the forms connected therewith, See Seton, 1137-44, 1333-5 ; Smith, 677-686, 696-9; Ayckbourn, 200-9 ; Daniell, 780-4, 794-6 ; Drewry Pr. 138. For the practice as to enrolling and vacating the enrolment of decrees and orders, and for the forms connected therewith, See 23 C. O. rr. 24-9, in Morgan, 477-80; Seton, 1145-50,1334; 1 Smith, 700-711 ; 2 Id. 212-224; Daniell, 784-793; Tripp, 121; Drewry Pr. 140, 1; Ayckbourn, 215-220; Braithwaite, 624; A. 6. v. Conservators of the Thames, 1 N. R. 408. For a dollectiou of orders as to the transfer and retransfer of causes. See Seton, 1268. As to staying proceedings under a decree or order pending an appeal. See 6 C. O. 1-. 12, and 31 C. O.r. 2, in Morgan, 369,503; Seton,1157, 8; 1 Smith,691-6; Daniell, 1116-9 ; Drewry Pr. 167-9; Ayckbourn, 314, 5; Topham v. D. Portland, 11 W. K. 813. For the practice as to rehearings and appeals, including appeals to the House of Lords, and for the forms connected therewith, See 31 C. O. rr. 1-8, in Morgan, 502-5; 1 Smith, 712-740; Seton, 1151-63, 1315; Daniell, 1110-51; Drewry Pr., index, p. 3 ; Ayckbourn, 364-80 ; Braithwaite, 446. As to the execution of decrees and orders, See 23 C. O. 2-10, and 29 C O., in Mor- gan, 472,495-500; Daniell, 797-835; 1 Smith, 218-25 ; Ayckbourn, 220-8; Drewry Pr. 141-5; Braithwaite, 605, 6; And for a collection of orders as to the execution of decrees, with notes and tables of process. See Seton, 1212-41. 92, PART III. PROCEEDINGS IN SUITS BY ADMINISTRATION SUMMONS UP TO THE HEARING. I. THE SUMMONS. 92. Summons to administer an estate. In Chancery. In the Matter of the estate of (John Thomas), late of (the parish of A., in the county of B.), deceased. Between (Joseph Wilson), ..... PlaintiflT and (William Jackson), .... Defendant. Upon the application of (Joseph Wilson), of (Eussell Square, in the county of Middlesex, Esq.), who claims to be a (creditor upon the estate) of the above named (John Thomas), let (William Jackson), the (executor) of the said (John Thomas), attend at my chambers in EoUs' Yard, Chancery Lane, Middlesex [ Or, at No. — , Square, Lincoln's Inn, Middlesex, (^See Form 5)], on , the day of . 1 86 — , at of the clock in the noon, and show cause if he can, why an order for the administration of the personal \_0'r, real and personal] estate of the said (John Thomas'), by the High Court of Chancery, should not be granted. Dated the day of ■ 186 . John Romillt, Master of the Rolls Or, X. Y., Vice-Chancellor {See Farm 5). This summons was taken out by A. and B., of (Lincoln's Inn), in the (county of Middlesex), solicitors for the above-named (Joseph Wilson), The following Note to be added to the original summons ; and when the time is altered by indorsement, the indorsement to be referred to as below. To the above-named (William Jackson). Note. — If you do not attend, either in person or by your solicitor, at the time and place above mentioned [ Or, at the place above men- tioned, at the time mentioned in the indorsement hereon], such order will be made, and proceedings taken, as the Judge may think just, and expedient. Note :^For the atove Form, See 35 C. O. r. 3, and Schedule K. No. 2, in Morgan, 527, 623 ; And see Appendix A; And for variations therein, See Form, 03. 93. ADMINISTEATION SUMMONS. For form of indorsement altering the time for attending the summons, See Form 6. For summons and order to amend an administration summons, See Forms 8 and 9. For forms of administration orders on summons. See Seton, 115, 150, 1, 232, 251; Haddan, 319 ; And against derivative representatives. See Seton, 735, 6, 744, 7. As to ordering payment where the plaintiff's claim is admitted or proved, and the defendant admits assets, and for forms of orders. See Seton, 115, 122, 150, 2. As to the jurisdiction and mode of procedure hy administration summons. See 15&16 V. i;. 86, ss. 45-47, in Morgan, 201-4; Seton, 153; Haddan, 46-53; 1 Smith, 956-961; Daniell, 888-894 ; Tripp, 154; Drewry Pr., 190; Ayekbourn, 533-8 ; Braithwaite, 657, 8. As to administering on summons personal estate appointed by the will of a married woman. See Sewell v. Ashley, 3 D. G. M. & G. 933 ; Re Newbery, 10 W. R., 378. As to the kind of debt necessary to support a creditor's suit, See Seton, 122-4. As to the right of one residuary legatee or next of kin to sue alone. See 15 & 16 V. c. 86, s. 42, rule 1. As to the persons to be made defendants to the summons. See Haddan, 24-7. That an administration summons cannot be served out of England and Wales, See Lester v. Bond, 9 W. R. 407 ; Cockney v. Anderson, 2 N. R. 140. 93. Variations in Form 92. In the Title. — As to the plaititiff: — J. W., and B., his wife. Or, B. W., the wife of (the defendant) J. W., by T. O., her next friend. Or, A. B., an infant under the age of 21 years, by CD., his next friend. Or, A. B., a person of unsound mind (not so found by inqui- sition), by C. D., his next friend. In the Body. — 1. As to the plaintiff's description : J. W., of {address and addition), who, as the executor [Or, administrator] of A. W., late of {address and addition), deceased, claims to be a creditor upon the estate [Or, a pecuniary Or, specific— Or, residuary— legatee — Or, one of the next of kin— Or, interested under the will] of the above-named, J.T. Or, J.W., of Sfc, and B., his wife, who in her right claim to be, Sfc, Or, B.W., the wife of J. W., of, ^c, by T. O., of, Ac, her next friend, which said B.W. claims to be, Sfc, NOTICE TO PEODUCE. 94, Or, A. B., of {address), an infant under the age of 21 years, by C. D., of, 8fC., his next friend, which said A. B. claims to be, Sfc. Or, A. B., of Sfc, a person of unsound mind (not found so by inquisition) by C. D., of, S^c, his next friend, which said A.B. claims to be, 8;c. 2. As to the defendant's description : — Let W. J., the devisee in trust and executor, Sfc, Or, W. J., the devisee in trust, and J.B.the executor, ^c. Or, W. J., who, and the plaintiff J. W., are the executors, 4'c. Or, W. J., the surviving executor of the said J. T., and N. R., the executor of J. B., 4ecea'Sed, who was the other executor of the said J. T. 3. Where personalty appointed by a married woman under a power is sought to be administered, say: — For the administration of the personal estate which the above- named S.A., by virtue of (an indenture) dated the day of , 18 — , had a right to appoint and dispose of, and has in and by her said will appointed or disposed of accordingly. Note: — For other modes of describing an applicant, See note to Form 7j And see note to Form 92. II. NOTICE TO PRODUCE. 94. Notice to produce probate or administration. (Title as in Summons.) Take notice that you are required to produce to the Judge on the hearing of the administration summons in this matter and cause, bearing date the day of , 186 — , the probate of the will [Or, letters of administration of the personal estate and effects] of the above-named J.T. Dated this day of , 186 — . Yours &c., A. & B., of (Agents for C. and D., of ,) Solicitors for the plaintiff. To the above-named defendant. Note :— See note to Form 92. 95. III. AFFIDAVIT OF SERVICE. 95. Affidavit of service of an adininistration summons— regulation form. In Chancery. ( Title as in Summons.') I, B. C, of {address and addition), make oath and say as follows : — 1. I say that I did on , the -day of , 186 — , serve the above-named defendant W. J. with a summons in this cause and matter, bearing date the ^day of , 186 — , issued from and under the seal of the chambers of the Master of the Rolls [ Or, the Vice- Chancellor -], by delivering to and leaving with the said W. J., at [ Or, with {state what member of his family) of the said W. J., at his dwelling house, situate ], a true copy of the said summons, duly stamped with a stamp of the record and writ clerks' office, indicat- ing the filing of a duplicate of the said sunamons at the said office, and at the same time showing the said — the said summons, by which summons the said W. J. was required to attend at the chambers afore- said, in the Rolls' Yard, Chancery Lane, Middlesex {or as may be), on , the day of , 186^—, at of the clock in the noon, and show cause, if he could, why an order for the administration of the real [ Or, real and personal] estate of the above-named J. T. should not be granted. 2. I further say that there was at the foot of the copy of the said summons so served, and at the foot of the said summons when so produced as aforesaid, a memorandum or statement that such summons was taken out by — — , of^ , solicitor for , and a notice that if the said W. J. did not attend, either in person or by his solicitor, at the time and place mentioned in the said summons [ Or, at the place men- tioned in the said summons at the time mentioned in the indorsement thereon], such order would be made and proceedings taken as the Judge might think just and expedient. If the return has been extended, say :— 3. I further say that there was upon the copy so served an indorsement, dated the -^ day of , under the seal of the chambers of the said Judge, whereby , the day of — — , at — ■ — of the clock in the noon, was appointed for the parties who had not been served with the said summons to attend at the said chambers. Sworn (^c, Form. 16). Note:— For the atove form, See Judges' Reg., Form 1, in Bloxam, 9, 45; Morgan, 703 ; And see note to Form 92. See also Form 15. 96. IV. SKETCHES OF AFFIDAVITS IN SUPPORT. 96. By a creditor plaintiff. In Chancery. {Title as in Summons.) I, C. D., of {address and addition), the above-named plaintiff, make oath and say as follows : — 1. The above-named J. T. was in his lifetime (Ac, usual affldavif of debt— See Forms 166-175). 2. The said J. T. died on the day of , 186—, as I know from (4"C., state means of knowledge^. , 3. If administration of the real estate is sought, show that such estate is vested hy devise in the defendant, with a power of sale, and a power to give receipts. 4. Show that the defendant is the personal representative, as in the ^allowing examples : — 1. Probate : — On the day of , the will of the said J.T. was proved by the above-named defendant W.J., in tlie principal registry of [Or, district registry of attached to] Her JMajesty's Court of Probate {or as may be), as I know, ^•c. 2. Administration with will annexed: — On, SfC, Letters of Ad- ministration, with the will of the said J. T. annexed, of the personal estate and effects of the said J. T., were granted by, ^c, to S^c, as I know, ^c. 3. 'General Administration': — On, Sfc, Letters of Administration of the personal estate and effects of the said J. T. were granted by, Sfc, to, 4fc., as I know, 3fC. 4. Administration de bonis non: — On,<^c.jLetters of Administration of the personal estate and effects of the said J. T., left unadmin- istered by O. N., were granted by, ^c, to, S^c, as I know, ^•e. 5. Special administration with will of a married woman annexed ; — On, SfC, Letters of administration, with tlie will of the said A. W. annexed, of her personal estate and effects, were granted and com-, mitted by, Sfc, to, S/c, as I know, Sfc. 6. Limited probate of a married woman's will: — On, Sfc, Probate of the will of the said A.W., limited to the administration of all such personal estate and effects as she by virtue of (an indenture) dated the day of , had a right to appoint and dispose of, and has in and by her said will appointed or disposed of accordingly, but no further or otherwise, was granted by, Sfc, to, SfC, as I know, Sfc. Sworn {Sfc, Form 16). Note: — See Form 15; In this and the succeeding forms, such facts as the plaintiff is unable to depose to may be proved by his solicitor or other person con- versant therewith ; And see note to Form 92. 97-99. AFFIDAVITS IN StlPPOET. 97. By a plaintiff claiming to be interested in real estate. {Commence as in Form 96.) 1. State, shortly, the nature of the interest claimed by the plaintiff. 2. The said J. T. died on the day of — —, as I know from (Sfc, state means of knowledge). 3. Show that the defendant represents the estate to be administered — See Form 96. 4. The share or interest to which I am entitled of the monies to arise from the sale of the said real estates (or as may be), remains due and unsatisfied to me. Sworn (^c, Form 16). Note : — See notes to Forms 92, 96. 98. By a plaintiff claiming as pecuniary, specific, or residuary legatee. (Commence as in Form 96.) 1. State, shortly, the bequest by will to or in favor of the deponent — 2. The death of the testator — And, 3. The proof of his will — See Forms 96, 97. 4. The legacy [ Or, share of residue] bequeathed as aforesaid to me by the said will, remains due and owing to me from the estate of the said J. T. (or as may be). Sworn, {Sfc, Form 16). Note: — See notes to Forms 92, 96. 99. By a plaintiff claiming as next of kin. (Commence as in Form 96.) 1. The above-named J. T. died on or about the day of , as I know from (state means of knowledge). 2. The sole next of kin of the said J. T. living at the time of his death were the above-named defendant W. J., and myself (or as may be), as I know, ^c. 3. State grant of administration to the defendant — See Form 96. 4. The distributive share to which I am entitled of the personal estate of the said J. T., as one of his next of kin, remains due and owirig to me (or as may be). Sworn (4-c., Form 16). Note: — See notes to Forms 92, 96. 100-101. PAET IV. PROCEEDINGS UNDER DECREES AND ORDERS. I. NOTICE OF DECREE. 100. Summons for directions as to service on infants. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that it appearing that A. B., and C. D., who are respectively required to be served with notice of the decree [ Or, order] dated the day of , 186 — , pursuant to the 8th rule of the 42nd section of the 15 & 16 V. c. 86, are respectively infants, notice of the said decree £0r, order] may be served upon the said A. B., by serving the same on R. B., bis father, and upon the said C. D., by serving the same on G-. H., his maternal uncle [_0r, upon the, said C. D., personally, at the house of G-. H., of ; Or other proposed mode of service^ ; And that a copy of the order to be made hereon may be also served with each of the said notices. Dated {S^c, Form 7). Note: — For the order— which is drawn up by the registrar — See Seton, 1212. As to the persons to be served with notice of decree — when order to serve neces- sary — dispensing with service — substituted service — service out of the jurisdiction — notice and indorsement — ^mode of service — entry of memorandum of service — effect of service — leave to attend proceedings — guardians ad litem — and adding to the decree, See 1 Ch. Com. Rep. (1852) 14-18, 38, 9; 15 & 16 V. c. 86, s. 42, 7 C. O., rr. 5-7, and 23 C. O., rr. 18-20, in Morgan, 193, 374, 475; 1 Smith, 916-925; Seton, 187, 255, 385, 1114, 1143, 4, 1212, 3 ; Daniell, 177-184; Tripp, 66; Lewin, 639-648; Braithwaite, 515-525; Ayckbourn, 209-212 ; Drewry PI., 48-54. 101. Sketch of affidavit in support. In Chancery, {Full title.) J, S. T., of {address and addition), make oath and say as follows : — State the ages of the infants, as : — 1. A. B., and C. D., the persons on whom, as two of the residuary legatees of G. P , the testator in this (matter and) cause {or as may be), notice of the decree [Or, order] dated the day of , 186 — , is required to be served, are 102. NOTICE OF DECREE. respectively infants, that is to say, the said A. B. is of the age of years, and the said C. D. is of the age of years, as I know from {state means of knowledge). State whether the infants have any parents or testamentary guardians, or guardians appointed by the Court of Chancery, as: — 2. R. B., the father of the said A. B., is living, as I know from, ^c. 3. The father and mother of the said C. D. are both dead, as I know from, Sfo. ; The said C. D. has no testamentary guardian, and no guardian appointed by this honorable court, as I know from, ^c. State where and under whose care the infants are residing, at whose expense they are maintained, a,nd — in case they have no father or guardian — who are their nearest relations, as : — 4. The said A. B. is now- residing at — ^ — , under the care of the said R. B., and is maintained at his expense, as I know from, S^c. 5. The said C. D. is now residing at , under the care of his maternal uncle, G. H., and is maintained at the expense of the said G. H., as I know from, S^c. 6. The nearest relations of the said C. D. are the following persons, namely : — On the paternal side his grandmother, E. D. of ; and on the maternal side his uncles, L. H. of , and the said G. H., as I know from, 3fc. Show that the parents, guardians, relations, or persons upon whom it is proposed to serve the notice, have no interest in the matters in question — or, if they have, the nature of such interest, and that it is not adverse to the interest of the infants, as: — 7., The said R. B., and G. H., the persons on whom respectively it is proposed to serve notice of the said decree, have no interest in the matters in question in this (matter and) cause {or as may be), as I know from, ^c. Sworn {Sfc, Form 16). Note : — As to the essentials of this affidavit. See 7 Judges' Reg., in Appendix B ; Bloxam, 2, 40 ; Morgan, 697 ; And see note to Form 100. See also Form 15. 102. STunmons for directions as to service on a person of unsound mind. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that it appearing that H. L., who is required to be served {Sfc, Form 100), is a person of unsound mind not found so by inquisition, notice of the said decree [Or, order] may be served upon the said H. L. personally at the house of R. D. of [Or, may be served upon the said H. L., by serving the same upon his father C. L., of {or other proposed mode)]; And that a copy of the order to NOTICE OF DECREE. 103-104. be made hereon may be also served with the said notice. Dated (Ac, Form 7). Note:— For the order — which is drawn up by the registrar— See Seton, 1212 ; And see note to Form 100. 103. Sketch of affidavit in support. In Chancery. {Full title.) 1, B. A., of (address and addition), make oath and say as follows : State where, and under whose care, the person of unsound mind is residing, and at whose expense he is maintained, as : — 1. H. L., the person on whom, as one of the residuary legatees of G. F., the testator in this Cmatter and) cause, {or as may be), notice of the decree {_0r, order] dated the day of , 186 — , is required to be served, is of the age of years or thereabouts, and is a person of unsound mind, but has not been found so by inquisition, as I know from {state means of knowledge). 2. The said H. L. is now residing under the care of M. N., at the asylum kept by him for insane persons at , and is maintained there at the expense of his father C. L., of — —, as I know from, ^c. State who are his nearest relations, and that such relations — or person upon whom it is proposed to serve the notice — have no interest in the matters in question, or if they have, the nature of such interest, and that it is not adverse to the interest of the person of unsound mind, as : — 3. The said C. L., the father and nearest relation of the said H. L., and on whom it is proposed to serve notice of the said decree, has no interest in the matters in question in this suit, as 1 know from, SfC. Note : — See Form 15 ; And note to Form 101. Sworn {Sfc, Form 16). 104. STUumons for leave to serve the notice out 6f the jurisdiction, {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that it appearing that A. B., who is required {Sfc, Form 100) resides at , in the kingdom {Or, empire — Or, colony, Sfc.) of ^, the plaintiff may be at liberty to serve the said A. B. at aforesaid, or elsewhere in (the said kingdom, ^c), with notice of the said decree [Or, order], together with a copy of the order to be made hereon. If the month limited by the 23 C. O. r. 18 is insufficient, add. And that the said A. B. may have months {Or, weeks) after E 105-107. NOTICE OF DECREE. the service of. the said notice to apply to the Court to add to the said decree [Or, order]. Dated (^c, Form 7). Note: — See note to Form 100. . For the order — Tchich is drawn up by the registrar — See Seton, 1246. 105. Summons to substitute service of notice. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that service of notice of the decree [ Or, order] dated the day of , 186 — , pursuant to the 8th rule of the 42nd Section of the 15 & 16 V. e. 86, upon A. B., of , by serving the same, together with a copy of the order to be made hereon, on C. D., of , may be deemed good service on the said A. B. Dated (^c. Form 7). Note :— For the order — -which is drawn up by the registrar — See Seton, 1212. See also 35 C. O., r. 18, in Appendix A ; Morgan, 532 ; And note to Form 100. 106. Notice of decree. In Chancery. (^Set out the full title.') Take notice, that by a decree [Or, order] dated the day of ■ , 186 — , and made in the above (matter and) cause by his honor the Master of the Rolls ^Or, "Vice-Chancellor ], the following accounts and inquiries were directed to be taken and made, that is to say {copy the ordering part of the decree, or order). Dated this day of , 186—, P. E. of , (agent for J. R. of ,) plaintiff's solicitor, To A. B., of . Note:— See 15 & 16 V. c. 86, s. 42, r. 8, in Morgan, 193; And note to Form 100. 107. Indorsement on notice of decree for service on a sane adult person. In Chancery. (Short title.) Take notice, that from the time of the service of this notice you will be bound by the proceedings in the above cause, in the same manner as if you had been originally made a party to the suit ; and that you may, by an order of course, have liberty to attend the pro- ceedmgs under the within-mentioned decree [Or, order] ; and that you NOTICE OF DECBEE. 108-109. may, within one month after the service of this notice, apply to the Court to add to the decree [ Or, order"). To A. B., of . Note:— See 23 C. O., i'. 20, in Morgan, 475; And note to Form 100. 108. The like — in the case of an infant or person of unsound mind. In Chancery. {Short title.) Take notice, that from the time of the service of this notice, E. R, the infant \_0r, person of unsound mind] will be bound by the proceed- ings in the above cause, in the same manner as if the said infant [Or, person of unsound mind] had been originally made a party to the suit ; and that the said infant \_0r, person of unsQund mind] may, by an order of course, have liberty to attend tiie proceedings under the within mentioned decree '[Or, order] ; and that the said infant \^0r, person of unsound mind] may, within one month after the service of this notice, apply to the Court to add to the decree [ Or, order]. To A. B., of, Note:— See 23 C. O., r. 20, in Morgan, 475; And- note to Form 100. 109. Affidavit of service of notice of decree. In Chancery. {Full title.) I, B. A., of {address and addition), make oath and say as follows : — 1. I did on , the day of , 186 — , personally serve A. B., one of the residuary legatees {or as may he) of G. F., the testator [ Or, intestate] in this (matter and) cause. If a copy has been served, say, with the decree \_0r, order] made in this (matter and) cause, by his honor, the Master of the Rolls [ Or, Vice-Chancellor — ■ — ], dated the day of ,186 — , and now produced and shown to me, and marked with the letter A, by delivering a true copy of the said decree [Or, order] to, and leaving the same with, the said A. B., at j in the county of , and at the same time showing to the said A. B. the said original order, duly passed and entered. If a notice only has been served say, in lieu of the last preceding paragraph, with a notice in writing in this (matter and) cause, dated the ' — -^ day of , 186— ,'of which the paper writing now produced and shown to me, marked with the letter A, is a true copyj by delivering such notice to, and leaving the same witli, the said A. B., at , in the county of . E 2 110-111. NOTICE OF DECEEB. 2. There was indorsed on the said copy decree [Or, order— O?-, There was indorsed on the said notice] so served as aforesaid, at the time I so served the same, a memorandum in the words following, that is to say (set forth the indorsement). If the service was made on an infant— or other person— under a special order, add -.—Z. At the time I so served the said decree [Or, order — Or, notice] as aforesaid, I therewith served the said A. B. with the order made in this (matter and) cause by the Master of the Rolls [_0r, Vice- Chancellor ], dated the day of 186—, {i.e. the order giving leave to serve), and now produced and shown to me, and marked with the letter B., by delivering a true copy of the last- mentioned order to, and leaving the same with, the said A. B., and at the same time showing to him the last-mentioned order, duly passed and entered. Sworn (^-c, Form 16). Note: — See Form 15 ; And note to Form 100. 110. ProBcipe for memorandimi of service. In Chancery. (^Set out full title of cause.) Enter Memorandum of service of notice of the decree \_0r, order] made in this (matter and) cause by his honor the Master of the Rolls [Or, Vice-Chancellor ], dated the day of , 186 — , upon the under-mentioned persons, viz. : — Name of Party served Date of Service Dated this day of , 186 — . P. R. of , plaintiff's solicitor. Note: — See 23 C. O., r. 19, in Morgan, 475; And note to Form 100. Ill, Petition ot a sane adult person for leave to attend tlie procee^gs. In Chancery. {Title.) To the Right Honorable the Master of the RoUs. The humble petition of A. B., of {address and addition) ] Or, NOTICE OF DICBEE. 112-113. A. B., the wife of C. B., of (address and addition), by E. F., of (address and addition) her tiext friend]. Showeth : 1. That your petitioner is interested in the estate of C. D,, the tes- tator \_ Or, intestate] in this (matter and) cause named. 2. Tliat the plaintiffs on the day of 186 — , obtained a decree \_0r, order] for the administration of the estate of the said testator \_0r, intestate (or as may he)'\. 3. That your petitioner has been served with notice of the said decree [Or,, order], and is desirous of having liberty to attend the proceedings under the same (If so, by her next friend). Your petitioner therefore humbly prays that he (she) may be at liberty to attend the proceedings under the said decree [ Or, order]. * And your petitioner will ever pray, &c. Note: — See 15 & 16 V. u. 86, s. 42, r. 8, in Morgan, 195 j And note to Form 100. 112. Order on petition for leave to attend proceedings. (Date and titk.) Upon the humble petition of A. B. [the wife of C. B. by E. F., her next friend — Or, an infant by C. D., his guardian ad litem], this day preferred unto the Rt. Hon. the Master of the Rolls, for the reasons therein contained, It is ordered that the petitioner be at liberty to attend the proceedings under a decree [ Or, order] made in this cause, bearing date the day of 186 — ; And hereof notice is to be given forthwith. Note: — For like order on motion, See Seton, 1213; For summons to add to a decree by a person served with notice thereof, See post. 113. Petition to assign guardian of an infant served with notice of decree. In Chancery. (Title.) To The Right Honorable the Master of the Rolls. The humble petition of A. B., of (address), an infant under the age of 21 years, by C. D., of (address and addition), his next friend. Showeth : 1 . That, 4-c. 1 ^ g^^g allegations as paragraphs 1 and 2, in Form 111.) 3'. That your petitioner has been served with notice of the said decree lOr, order], and being an infant under the age of 21 years, is desirous 114-115. NOTICE OF DECREE. of having a guardian assigned him, by whom he may attend the proceedings under the said decree [ Or, order]. 4. That the said C. D., [Or, that E. F. of {address and addition)^ is, as your petitioner is advised, and as appears by the affidavit of G-. H., filed the day of 186 — , a proper person to be appointed such guardian. Your petitioner therefore humbly prays, that the said C. D. may be assigned the guardian of your petitioner, by whom he may defend this Suit. And your petitioner will ever pray, &c. Note: — See note to Form 100. 114. Affidavit of fitness of proposed guardian. In Chancery. {Title.) I, G. H., of {address and addition), make oath and say as follows : — 1. A, B., of {address as in petition), an infant, has been served with notice of the decree [ Or, order] made in this (matter and) cause, dated the ■ day of ■ ■ 186 — , pursuant to an order therein dated the day of 186 — , {order directing mode of service), as I know from {Sfc., State means of knowledge). 2. For years and upwards now last I have known and been well acquainted with C. D., of {address and addition, as in petition), the person proposed to be appointed the guardian of the said infant A. Bi, by whom he may attend the proceedings under the said decree [Or, order] dated the day of 186 — 3. The said C. D. (is the {state degree of relationship, if any) of the said infant, and) is a person of respectability, and has no interest in the matters in question in this stiit adverse to the interest of the said infant A. B., as I know from, Sfc. 3. In my judgment the said C. D. is a fit, proper, and eligible person to be appointed such guardian as aforesaid. Sworn (i^c, Form 16). Note : — See Form 15. 115. Order assigning guardian. {Date and title.) Upon the humble petition of A. B., an infant served with notice of the decree \_0r, order] made in this ( matter and) cause dated the day of 186—, by C. D. his next friend, this day preferred, ^c, for the reasons therein contained, and upon reading the affidavit of G. H., filed the day of , It is ordered that the said C. D. be, and he is hereby assigned, the guardian of the petitioner, by whom lie may defend this suit; And hereof notice is to be given forthwith. NOTICE OF DECHEE. 116-117. 116. Petition of infant for leave to attend the proceedings by Ms guardian ad litem. In Chancery. {Title.) To the Right Honorable the Master of the Rolls. The humble petition of A. B. of , an infant, under the age of 21 years, by C. D. his .guardian ad litem. Showeth : 1. That, 8fc. I/O 2. That &c. \\^'"'^^ '*"^'^^ons as paragrxiphs^l and2inForm\l\.) 3. That your petitioner is desirous of attending the proceedings under the said decree [Or, order] by the said C. D., the guardian assigned him for that purpose by an order dated the day of 186 . Your petitioner therefore humbly prays, that he may be at liberty to attend the proceedings under the said decree \_0r, order] by his said guardian. And your petitioner will ever pray, &c. Note: — For the order to attend, See Form 112. 117. List of persons served with notice of decree. In Chancery. {Short title.) List of persons as to whom a memorandum of service of notice of the decree [Or, order] dated the 186 — , has been entered. Name of person served. Date of certifi- cate of entry of the memorandum. Date of order (if any) for leave to attend proceedings. Name of solicitor concerned for person obtaining order to attend. A. B. - 186— 186— Mr. C. D. E. F. (an infant) I, L. - 186— 186— 186 „ G.H. M.N.,WifeofP.N. 186— R. S. (a person of 1 unsound mind, not > 186— 186— „ W.N. found so) - -J Note: — This list is sometimes required to be left at the Judge's chambers. 118-120. II. CAERTING IN DECREE OR ORDER. 118. Certificate verifying copy. I certify the foregoing to be a true copy of the original decree [Or, orderl as passed and entered. G. B. Plaintiff's [Or, Petitioner's, ^-c] solicitor [^Or, agent]. Note: — As to carrying in the decree or order — note of Solicitors' names — summons to proceed — attendance and directions thereon— adjournments — classifying parties — and the general course of procedure in working out decrees and orders. See 35 C. O., r. 15, et seq:, in Appendix A; Judges' Reg., in Appendix B ; Morgan, 531-543; 1 Smith, 892, 956; Seton, 1320; 2 Daniell, vi.; Ayckbourn, xvii.; Drewry Pr., xii. 119. Xote of solicitors' names. In Chancery. (Short title.) The names of the solicitors concerned in this matter and (or) cause, and the parties for whom they are concerned, are as follows : — Names of solicitors. For whom concerned. Mr. G. H. - - . . Mr. L. M. ... Mr. N. 0. .... Mr. P. R. - - - Plaintiff. Defendant C. D. Defendant E. F. Defendant S. T. Memorandum : — The defendant W. T. appears in person. G. B. Plaintiff's solicitor \^0r, agent]. . Note:— See 6 Judges' Reg., in Appendix B; Bloxam, 2, 39; Morgan, 697 ; And , for a list of persons served with notice of decree, See Form, 117. 120. Summons to proceed. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, petitioner, ^c] to proceed with the accounts and inquiries [Or, with the sale— Or, with the apportionment Or, to settle the draft of the conveyance, ^c], directed by the decree [Or, order] dated the day of 186—. Dated (^c, Form 7). Note:— See 35 C. O., r. 16, in Appendix A; Morgan, 531. 121-124. III. EXAMINATION ON INTEEEOGATORIES. 121. Interrogatories for tlie examination of a party. In Chancery. ( Title as in decree, or order.) Interrogatories exhibited on the part of the plaintiff [Or, defendant] for the examination of the defendant [ Or, plaintiff] under the decree [ Or, order] made in this matter and (or) cause, dated the day of 186 — . 1st Interrogatory : — Did you, ^c. 2nd Interrogatory : — Have you, SfC. Note: — As to the examination of parties and witnesses on interrogatories, See 15 & 16 V. c. 80, s. 30, in Morgan, 147; Seton, 1232, 3; Tripp, 190; And for the like procedure in the Masters' office. See Daniell, 1125-36, ed. 2; 1 Grant, 309; Bennett's M. O., index, 160, 1. 122. Hemorandxun of allowance. {Sliort title.) The Master of the Rolls [Or, Vice-ChanceUor 1, the Judge to whose court this matter and (or) cause is attached, has settled and allowed these interrogatories. X. Y Chief Clerk. 123. Summons to file examination. ' {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant], that the defendant [ Or, plaintiff] may be ordered within (four) days after service of the order to be made hereon, to file his examination in answer to the interrogatories exhibited on the part of the applicant under the decree [ Or, order] dated the day of 186—. Dated (^c, Form 7). Note: — For the order — which is drawn up hy the registrar — See Seton, 1232 ; And see note to Form 121. 124. Snmmons for time to file examination. (Commence as in Form 7), on the hearing of an application on the part of the defendant [ Or, plaintiff], that the applicant may have days further time to file his examination in answer to the interroga- tories exhibited on the part of the plaintiff [Or, defendant] under the 114-115. NOTICE OF DECREE. of having a guardian assigned him, by whom he may attend the proceedings under the said decree [_0r, order]. 4. That the said C. D., [Or, that E. F. of {address and addition)'] is, as your petitioner is advised, and as appears by the affidavit of Gr.- H., filed the day of 186 — , a proper person to be appointed such guardian. Your petitioner therefore humbly prays, that the said C. D. may be assigned the guardian of your petitioner, by whom he may defend this Suit. And your petitioner will ever pray, &c. Note: — See note to Form 100. 114. Affidavit of fitness of proposed guardian. In Chancery. ( Tide,) I, G. H., of (address and addition), make oath and say as follows : — 1. A. B., of (address as in petition), a,n infant, has been served with notice of the decree [ Or, order] made in this (matter and) cause, dated the day of ■ 186 — , pursuant to an order therein dated the day of 186 — , (order directing mode of service), as I know from (SfC., State means of knowledge). 2. For ' years and upwards now last I have known and been well acquainted with C. D., of (address and addition, as in petition), the person proposed to be appointed the guardian of the said infant A. B., by whom he may attend the proceedings under the said decree [ Or, order] dated the — day of 1 86-^. 3. The said C. D. (is the (state degree of relationship, if any) of the said infant, and) is a person of respectability, and has no interest in the matters in question in this stiit adverse to the interest of the said infant A. B., as I know from, Sfc. 3. In my judgment the said C. D. is a fit, proper, and eligible person to be appointed such guardian as aforesaid. Sworn (<^c., Form 16). Note : — See Form 15. 115. Order assigning guardian. (Date and title.) Upon the humble petition of A. B., an infant served with notice of the decree [ Or, order] made in this ( matter and) cause dated the day of 186 — , by C. D. his next friend, this day preferred, ^c, for the reasons therein contained, and upon reading the affidavit of G. H., filed the day of , It is ordered that the said C. D. be, and he is hereby assigned, the guardian of the petitioner, by whoni he may defend this suit; And hereof notice is to be given forthwith. NOTICE OP DECEEE. 116-117. 116. Petition of infant for leave to attend the proceedings by his guardian ad litem. In Chancery. {Title.) To the Right Honorable the Master of the Rolls. The bumble petition of A. B. of , an infant, under the age of 21 years, by C. D. his .guardian ad litem. Showeth : 1. That, Ac. 1 ,ci „ • 2. That &c. I '**""* allegations as paragraphs. 1 aiid 2 in Form 111.) 3. That your petitioner is desirous of attending the proceedings under the said decree [Or, order] by the said C. D., the guardian assigned him for that purpose by an order dated the ■ day of 186 . Your petition^- therefore humbly prays, that he may be at liberty to attend the proceedings under the said decree [O/-, order] by his said guardian. And your petitioner will ever pray, &c. Note: — For the order to attend, See Form 112. 117. List of persons served with notice of decree. In Chancery. {Short title.) List of persons as to whom a memorandum of service of notice of the decree [Or, order] dated the 186 — , has been entered. Name of person served. I>ate of certia- cate of entry of the memorandum. Date of order (if any) for leave to attend proceedings. Name of solicitor concerned for person obtaining order to attend. A. B. - E. F. (an infant) - I. L. - M.N.,WifeofP.N. R. S. (a person of "i unsound mind, not found so) - -J 186— 186— 186— 186— 186— 186— 186— 186— Mr. C. D. „ G.H. „ W.N. Note: — This list is sometimes required to be left at the Judge's chambers. 118-120. II. CARRYING IN DECREE OR ORDER. 118. Certificate verifying copy. I certify the foregoing to be a true copy of the original decree [Or, orderl as passed and entered. G. B. Plaintiff's [_0r, Petitioner's, ^-c] solicitor '[_0r, agent]. Note: — As to carrying in the decree or order — note of Solicitors' names — summons to proceed — attendance and directions thereon— adjournments — classifying parties — and the general course of procedure in working out decrees and orders. See 35 C. O., r. 15, et seq;, in Appendix A; Judges' Reg., in Appendix B ; Morgan, 531-543; 1 Smith, 892, 956; Seton, 1320; 2 Daniell, vi.; Ayckbourn, xvii.; Drewry Pr., xii. 119, Note of solicitors' names. In Chancery. {Short title.) The names of the solicitors concerned in this matter and (or) cause, and the parties for whom they are concerned, are as follows : — Names of solicitors. For whom concerned. Mr. G. H. . - . . Mr. L. M. ... - Mr. N. 0. - - - - Mr. P. R. - - - Plaintiff. Defendant C. D. Defendant E. F. Defendant S. T. Memorandum : — The defendant W. Y. appears in person. G. B. Plaintiff's solicitor \^0r, agent]. Note: — See 6 Judges' Reg., in Appendix B; Bloxam, 2, 39; Morgan, 697 ; And for a list of persons served with notice of decree. See Form, 117. 120. Summons to proceed. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, petitioner, ^c] to proceed with the accounts and inquiries [Or, with the sale — Or, with the apportionment Or, to settle the draft of the conveyance, ^c], directed by the decree [ Or, order] dated the day of 186 — . Dated (^c. Form 7). Note: — See 35 C. O., r. 16, in Appendix A; Morgan, 531. 121-124. III. EXAMINATION ON INTEEEOGATORIES. 121. Interrogatories for tlie ezaminatiou of a party. In Chancery. ( Title as in decree, or order.) Interrogatories exhibited on the part of the plaintiff {Or, defendant] for the examination of the defendant [ Or, plaintiff] under the decree [ Or, order] made in this matter and {or) cause, dated the day of 186 — . 1st Interrogatory : — Did you, ^e. 2nd Interrogatory :— Have you, Sjc. Note: — As to the examination of parties and witnesses on interrogatories, See 15 & 16 V. K. 80, s. 30, in Morgan, 147; Seton, 1232, 3; Tripp, 190; And for the like procedure in the Masters' office. See Daniell, 1125-36, ed. 2; 1 Grant, 309; Bennett's M. O., index, 160, 1. 122. memorandum of allowance. {Short title.) The Master of the RoUs [ Or, Vice-ChanceUor J, the Judge to whose court this matter and {or) cause is attached, has settled and allowed these inten-ogatories. X. Y Chief Clerk. 123. Summons to file examination. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant], that the defendant [ Or, plaintiff] may be ordered within (four) days after service of the order to be made hereon, to file his examination in answer to the interrogatories exhibited on the part of the applicant under the decree [ Or, order] dated the day of 186 — Dated {S^c, Form 7). Note: — For the order — ^which is drawn up by the registrar — See Seton, 1232 ; And see note to Form 121. 124. Summons for time to file examination. {Commence as in Form 7), on the hearing of an application on the part of the defendant [Or, plaintiff], that the applicant may have days farther time to file his examination in answer to the interroga- tories exhibited on the part of the plaintiff [Or, defendant] under the 125-127. EXAMINATION Tivi VOCE. \ decree [Or, order] dated the day of , 186 — . Dated (^c, Form 7). Note; — See note to Form 121. 125. Order thereon. {Commence as in Form 22.) Upon the application of the defendant [($c., Form 41 — Or, plaintiff, ^c, Form 33], It is ordered that the applicant have days further time to file his examination in answer to the interrogatories exhibited on the part of the plaintiff [ Or, defendant] under the decree [ Or, order] dated the day of 186 — . {Add direction as to costs, See Form 22.) X. Y. Chief Clerk. 126. The examination. In Chancery. {Title as in decree, or order.) The answer and examination of the defendant [ Or, plaintiff] to the interrogatories exhibited on the part of the plaintiff [ Or, defendant], for the examination of the said defendant [_0r, plaintiff] under the decree [Or, order] made in this matter and {or) cause, dated the day of 186—. To the first interrogatory, this examinant saith that, &c. To the second interrogatory, this examinant saith that, &c. Note: — See note to Form 121. IV. EXAMINATION VIVA VOCE. 127. Summons for attendance of a paxty or witness at chambers. In Chancery. {Title.) The plaintiff B. A. [ Or, defendant A. B. — Or, C. D., of {address and addition)'] is hereby summoned to attend at the chambers of the Master of the Rolls [Or, Vice-Chancellor ] in the Rolls' Yard, Chancery Lane, Middlesex {or as may be, see Form 7), on the day of — 186 — , at of the clock in the noon, to be examined [^Or if the person to be examined is not a party to the suit, say, to be examined as a witness] on the part of the defendant \_0r, plaintiff, — EXAMINATION Vivi VOCE, 128. Or, of E. F., of (address and addition)'], for the purpose of the proceed- ings directed by the Master of the Rolls [ Or, the said Vice-Chancellor ] to be taken before me. Dated this day of 186 — X. Y,, Chief Clerk. This summons was taken out by H. and G., of , in the county of (agents for Gr. and H. of , in the county of ), solicitors for the said defendant {Or, plaintiff, — Or, E. F.) To the above-named plaintiff, B, A., [_0r, defendant A. B. — 1 Or, To the above-named C. D. J Note: — For the above Form, See Schedule K, No. 3, to C. O., in Morgan, 62-1 ; And see 35 C. O., i-. 4, in Appendix A ; Morgan, 527. As to the procedure to compel a witness to attend for examination — and to produce documents — mode of examination — demurrer of witness — refusal of witness to answer — and form of depositions, See 15 & 16 V. u. 80, ss. 30, 31, and c. 86, s. 33, in Morgan, 148, 9, 185 ; 35 C. O. rr. 29-31, in Appendix A ; Morgan, 536-7; Seton, 1233-6; 1 Smith, 933-6; Ayckhourn, 478; Braithwaite, 662-3; Drewry Pr., index, 13. For an order on summons for a witness to attend and be examined, or stand com- mitted, See Tripp, 189 ; And for a like order, on motion, to attend examiner, and order of committal on default. See Seton, 1233-4. 128. AfBdavit of service thereof. In Chancery. (Title.) I, L. M., of (address and addition), make oath and say as follows ; — 1. I did on the day of 186 — , personally serve the above-named plaintiff B. A. \_0r, defendant A. B., — Or C. D., of SfC, with a summons in this matter and (or) cause bearing date the — ■ — day of , issued from the chambers of the Master of the Rolls [^Or, the Vice-Chancellor ] and signed by the chief clerk of the said Judge, and addressed to the said plaintiff [Or, defendant — Or C. D.], by delivering to and leaving with the said plaintiff [ Or, defendant — Or, C. D.], at , in the county of , a true copy of the said summons, and at the same time showing the said plaintiff [Or, defendant— Or, CD.] the said summons so signed as aforesaid, by which summons the said plaintiff ^Or, defendant — Or, C. D.] was required to attend at the chambers aforesaid, in the Rolls' Yard, Chancery Lane, Middlesex (or as the case may be), on the day of 186 — , at of the clock in the noon, to be exam- ined [^Or, to be examined as a witness] on the part of the defendant [Or, plaintiff— Or. of E. F., of, ^-c], for the purpose of the proceedings directed by the Master of the Rolls [^Or, the said Vice-Chancellor ], to be taken before the said chief clerk. 129-131. EXAMINATION Vivi VOCE. 2. There was at the foot of the copy of the said summons so served, and at the foot of the said summons when so produced as aforesaid, a memorandum or statement that such summons was taken out by - H. & G., of , in the county of (agents for Gr. & H., of , in the county of ), solicitors for the above-named defendant [Or, plaintiff— Or, E. F.] Sworn {SfC, Form 16). Note :— See Form 15 ; And note to Form 127. 129. Direction to seal subpoena for production of documents at chambers. In Chancery. {Short title.) The Master of the EoUs [ Or, Vice-Chancellor ] directs that a subpeena duces tecum do issue directed to the plaintiff [ Or, defendant —Or, to C. D.]. X. Y., Chief Clerk. - — 186—. Note: — See 35 C. O. r. 29, in Appendix A; Morgan, 536; Braithwaite, 256; And note to Form 127. 130. Frcecipe for subpoena. In Chancery. A r Seal a Subpeena duces tecum on behalf of the defendant [ Or, v.< plaintiff — Or, of E. F.] directed to the plaintiff [Or, defendant B L— Or, to CD.]. Tested day of 186 — (Name and Address of Solicitor.) Note: — See Braithwaite, 256; And note to Form 127. 131. Suggested form of subpoena, ViCTOEiA, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to (name of party or witness), greeting : We command' you [if more than one add, and every of you] that, laying all other matters aside, and notwithstanding any excuse, you personally be and appear before his honor the Master of the Rolls [ Or, Vice-Chancellor , See Form 7], at his chambers in the Rolls' Yard, Chancery Lane, Middlesex [Or, No. 3, Stone Buildings, S^c, See Form 7], at such time as the bearer hereof shall by notice in writing appoint, to testify the truth, according to your knowledge, in a certain suit now EXAMINATION VIVi VOCE. 132-133. depending in our High Court of Chancery, wherein A. B. [and others — Or, another] is [ Or, are] plaintiff [ Or, plaintiffs] and C. D. [and others — Or, another] is defendant [_0r, are defendants], on the part of the plaintiff [Or, defendant— Or, E. F.], and that you then and there bring with you and produce (i^c, describe the documents to be produced), and hereof fail not at your peril. Witness ourself at West- minster, the day of , in the year of our reign. ROMILLT, M. R. Note : — The name and address of the party issuing the writ must he indorsed ; See further, Braithwaite, 256 ; And see note to Form 127. 132. Oath administered by the chief clerk. You shall true answer make to all such questions as shall be put to you touching the matters in question in this cause ; and therein you shall speak the truth, the whole truth, and nothing but the truth, So help you God. Note: — As to the chief clerk's authority to administer an oath, See 15 & 16 V. u. 80, s. 30, in Morgan, 147; And see note to Form 127. 133. Formal parts of depositions. (a) Direct examination. In Chancery. {Full title.) Depositions of Witnesses sworn and examined in the above matter and (or) cause, before me, X. Y., Chief Clerk, Sworn the — - ^^jX^^-^,^ ^i (address and addition), of , 186 — . J Examined on behalf of the plaintiff \_0r, defendant CD— Or, of E. F.], saith as follows : — Cross-examined on behalf of the defendant C. D. ^Or, plaintiff— Or, of G. H.] :— Re-examined : — . „ A. B. J 34. EXAMINATION Viri VOCE. (b) Cross-examination on affidavit. In Chancery. {Full title.) Deposition of a witness cross-examined in the above matter and {or) cause, before me, X. Y., Chief Clerk. Sworn the __ day | ^ ^^ ^^ {address and addition). Cross-examined on behalf of the plaintiff \_0r, defendant — Or, of E. F.], on the affidavit of the said A. B., sworn in this matter and {or) cause on the day of , 186 — , and filed on the day of 186 — , saith as follows : — Re-examined : — A.B. (c) Conclusion of depositions. I 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 (them respectively) in the presence of the parties attending. X. Y., Chief Clerk. Note; — See note to Fonn 127. 134. Direction to examiner to take examination of a witness instead of cMef clerk. The Master of the Rolls' "j [Or, Yice-Chancellor 's] [- day of , 186 — chambers. J {Short title.) The Master of the Rolls [Or, Vice-Chancellor ] has directed that the proper examiner of this court do take the examination of C. D. {_0r, the cross-examination of CD. on his affidavit filed the day of 186 — ], under the decree \_0r, order], dated the ■- day of 186 — , in this matter and {or) cause. X. Y., Chief Clerk. Note: — See note to Form 127. ACCOUNTS IN GENEEAL. 135. X 02 H O O o ^ ^^ .- ■^ o D3 I — I o CO o ti '? ,i4 tn a ^ •§ -ka ;h .C Hi o (^ V n V < ^ ^ H mount aid or llowed. 'xi so II ^ 6 a DO H O a a H u 1 i.d » rt ^ ^ n (U XI ^•U3 0) C3 C ao ^ n U-i 53 o _3 -.^ o n (U a, ft. !> .H O m iH CD n M <0 -t= ■s '^ tH o Cii J3 1 ^ □Q 5> C-i a o c3 p4 U ^ • , , •3 < m d o w H to 1 (N ■* t~ i, c3 o r— ( ■s ff =» d8 «f -S ;« -« i-H M uf CO 00 A PL| -9 ta ■4^ ■g a 1 to 00 I— 1 S a ^ i_ M M S o< M e Cm p-H 1 s ^ £ CI ?! ^ eg « ■« s a o ^ ?. o< o n ■S =" ^ s ^ .2 154. PART Y. ACCOUNTS AND INQUIEIES IN ADMINISTRATION SUITS. 154. Order directing the usual accounts and inquiries as to real and personal estate in a general administration suit. It is ordered that the following accounts and enquiries be taken and made, that is to say :^ 1. An account of the personal estate, not specifically bequeathed, of Gr. H., deceased, the testator in the bill \_0r, pleadings] named, come to the hands of the defendants A. B., C. D., and E. F., the executors of his will, or of any of them, or to the hands of any other person or per- sons by the order, or for the use of the said defendants, or any of them. 2. An account of the testator's debts. 3. An account of the testator's funeral expenses. 4. An account of the legacies and annuities given by the testator's will. 5. An inquiry what parts, if any, of the testator's said personal estate are outstanding or undisposed of. And it is ordered that the said testator's personal estate, not spe- cifically bequeathed, be applied in payment of his debts and funeral expenses in a due course of administration, and then in payment of the legacies and annuities, if any, given by his will ; And it is ordered that the following further accounts and inquiries be taken and made, that is to say : — 6. An inquiry what real estate the testator was seised of, or entitled to, at the time of his death. 7. An account of the rents and profits of the testator's real estates received by the defendants A. B., C. D., and E. F., the trustees of the testator's will, or any of them, or by any other person or persons, by the order, or for the use of the said defendants, or any of them. 8. An inquiry what incumbrances, if any, affect the testator's real estate, or any and what parts thereof. And it is ordered that the further consideration of this (matter and) cause be adjourned ; And any of the parties are to be at liberty to apply to this court as they shall be advised. Note: — For the above Form, See Seton, 150, 251 ; And for a full collection of orders to administer real or personal estate — or both — at the instance of" creditors — beneficiaries— or real or personal representatives — with practical notes thereon. See Seton, xii.-xix.; See also Haddan, 319-324. For certificate verifying copy order — note of solicitors' names— and summons to proceed, See Forms 118-120. 155. ACCOUNT OF PEKSONAL ESTATE. 9 1^ s% »2o d- ft© ^2 .o «ii S n ■a 4-. a « § I o rt [Si p:) a t3 03 '^ "s-s ■S oT . ^2 2 «i» w 1 '' H o g m W CD g « e « nl| OS tJii > a ■g H ^ ■ .■s a to o " ia CO V s a 60 , CO 00 ■* — >-= ^ 9 ^ (N , CO H CO ' o "« ACCOUNT OF PERSONAL ESTATE. 156. 156. Affidavit verifying accounts and answeriag usual inquiries as to real and personal estate Regulation form. In Chancery. {Title). We, a. B., of , C. D., of , and E. F., of , the above- named defendants, severally make oath and say as follows : — 1. We say that we have, according to the best of our knowledge, remembrance, information, and belief, set forth ia the first schedule hereunder written a full, true, and particular account and inventory of the personal estate, of or to which G-. H., the testator in the decree [ Or, order] dated , made in this cause named or referred to, and who died on the day of , was possessed or entitled at the time of his death {If the direction is to take an account of personal estate not specifically beqtieathed, add, and not by him specifically bequeathed). 2. And we further say that, 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 was not, to the best of our 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 effects, in possession or reversion, absolutely or contingently, or otherwise howsoever. 3. And we further say that the said testator's funeral expenses have been paid, and that the same consist of the items of disbursement numbered and in the account hereinafter referred to \_0r, if not paid, it should be so stated, with the amount due, and to whom due^. 4. Aud we further say that we have, in the account marked A. 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 personal estate of the said testator {If so qualified in the decree or order, add, not by him specifically bequeathed), 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 account of the said testator'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 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 hath any or either of us, nor have nor hath any other person or persons 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 156. ACCOUNT OF PEESONAL ESTATE. 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. 6. And we further, say that to the best of our knowledge, information, and belief, the personal estate of the said testator now outstanding or undisposed of consists of the particulars set forth in the second schedule hereunder written. 7. And we further say that 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 personal estate now outstanding or undisposed of. 8. And we further say that we have, according to the best of our knowledge, remembrance, information, and belief, set forth in the third schedule hereunder written, the particulars of all the real estates which G. H. the testator in the decree [^Or, order] dated , made in this cause, named or referred to, and who died on the day of , was seised of or entitled to {If so directed, at the date of his wiU and) at the time of his death [Or, if an inquiry be directed of what estates the testator was seised at the date of his loill, as well as at his death, and if he acquired any estates after the date of his will, say : — in the first part of the third schedule hereunder written, the particulars of all the real estate which G. H. the testator, {Sfc, as above) was seised 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 seised of or entitled to at the time of his death]. 9. And we further say that save what is set forth in the said schedule, the said testator was not, to the best of our knowledge, infor- mation or belief, (at the date of his will, or) at the time of his death, seised of or entitled to any real estate in possession, remainder, or reversion, absolutely or contingently, or otherwise howsoever. 10. And we further say that we have, according to the best of our knowledge, information, and belief, set forth in the fourth schedule hereunder written, the particulars of all the incumbrances affecting the said testator's real estate, and what part thereof such incumbrances respectively affect. 11. And we further say that 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 all the rents and profits of the said testator's real estate which has come to our hands, or to the hands of any or either of us, or to tlie Lands of any person or persons by our or any or either of our order, or for our or any or either of our use {this should accord with the order directing the account), and the times when, ihe 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, allowances, and payments made by us, or any or either of us in respect of the said ACCOUNT OF PERSONAL ESTATE. 156. 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. 12. And we, each speaking positively for himself and to the hest of his knowledge and belief as to other persons, further say that save and except as appears in the said account marked B., we have not nor hath any or either of us, nor have nor hath any other person or persons, 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 testa- tor's real estate, nor any money in respect thereof, and that the said account marked B. 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 first schedule above referred to. 1. £50 cash in the house. 2. iglOO cash at the Testator's bankers, Messrs. A. and B. 3. igl,000 363 per Cent. Bank Annuities, standing in the Testator's name. 4. £10 due from John James for half year's rent of house at to Michaelmas 1850. 5. £32 6s. 8d. balance remaining due from John Thomas on account of half years' rent of farm at to Michaelmas, 1850. 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 which will expire on at a rent of £ a year, underlet to James Evans for a term which will expire on at a rent of £50 a year. 8. £25, half a year's rent due from the said James Evans to . The second schedule above referred to. (7%e particulars to be set forth in the same manner as above.) Tlie third schedule above referred to. (T'o contain a short particular of the real estate.) The fourth schedule above referred to. ( To contain a short particular of the incumbrances, and showing what part of the above real estate is subject to each.) Sworn {Sfo., Form 16). Note : — See Form 15 ; For the above form, See Judges' Keg. Form 6, Bloxam, 15, 46; Morgan, 709; For affidavits verifying subsequent accounts. See Forms 158, 182. For notice of having left account, See Form 137. 157. ACCOUNT OF PERSONAL ESTATE. For summons for further time to leave account, and order thereon, See Forms 138, 9. For summons for a four-day order to leave account, and the subsequent process. See Forms 140-5. For surcharge and notice thereof, See Forms 146, 7. For summons for books to be taken as prima facie evidence, See Form 148. And for the procedure. See note to Form 135. 157. Afadavit by an administxator verifying his account. In Chancery. ( Title.) I, A. B., of {address and addition), the ahove-named defendant, make oath and say as follows: — 1. I have, according to the best of my knowledge, remembrance, in- formation and belief, set forth in the first schedule hereunder written a full, true, and particular account and inventory of the personal estate, of or to which Gr. H., the intestate in the decree [^Or, order] dated the day of 186 — , made in this (matter and) cause named or referred to, and who died on the day of , was possessed or entitled at the time of his death. 2. Save what is set forth in the said first schedule, the said intes- tate 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, nor to any leasehold or ot/her personal estate, goods, chattels, or effects, in posses- sion or reversion, absolutely or contingently, or otherwise howsoever. 3. The said intestate's funeral expenses have been paid, and the same - consist of the items of disbursement numbered and in the account hereinafter referred to \^0r if not paid, it should be so stated, with the amount due, and to whom due^. 4. I have, in the account marked A. now produced and shown to me, according to the best of my knowledge, information, and belief, set forth a full, true, and particular account of the personal estate of the said intestate which has come to my hands, or to the hands of any person 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, allow- ances, and payments, made by me in respect of, or on account of the said 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. Save and except as appears in the said account marked A., I have not nor have nor hath any persons or person by my order, or lor my use, possessed, received, or got in any part of the said intestate's ACCOUNT OF PEKSONAl ESTATE. 158. personal estate, nor any money in respect thereof, and the said account marked A. does not contain any item of disbursement, allowance, or payment, other than such as has actuaUy been disbursed, paid, or allowed on the account aforesaid. 6. To the best of my knowledge, information, and belief the personal estate of the said intestate now outstanding or undisposed of consists of the particulars set forth in the second schedule hereunder written. 7. Save what is set forth in the said second schedule there is not, to my knowledge, information, or belief, any part of the said intestate's personal estate now outstanding or undisposed of. The first Schedule above referred to. ( The particulars to be set forth in the same manner as in the first Schedule to Form 156.) The second Schedule above referred to. ( The particulars to be set forth in like manner.') Sworn (^c. Form 16). Note :— See Fonu 15 ; The account should be framed in a similar form to Form 155. 158. Affidavit verifying supplemental account of personal estate. {Commence as in Form 157.) 1. I have in the account marked C. now produced and shown to me, according to the best of my knowledge, information, and belief set forth a full, true, and particular account of the personal estate of Gr. H., the testator [Or, intestate] in the decree [_0r, order] dated the day of . 186 — , made in this (matter and) cause named or referred to {If so qualified in decree or order, add, and not by him specifically be- queathed), which has come to my hands, or to the hands of any person or persons by my order, or for my use, from the foot of the account marked A., exhibited to, and referred to in the affidavit sworn by me in this (matter and) cause on the day of 186 — , and filed the day of 186 — , together 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 me in respect of, or on account of the said testator's [ Or, intestate's] funeral expenses, debts, and personal estate from the foot of the said account marked A., together with the times when, the names of the persons to whom, and the purposes for which the same were disbursed, allowed, or paid. 2. Save and except as appears in the said accounts marked respect- ively A. and C, I have not, nor hath nor have any person or persons by my order or for my 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 the said account marked C. does not contain any item of G 159-160. ACCOUNT OF PEESONAl ESTATE. disbursement, allowance, or payment other than such as has actually been disbursed, paid or allowed on the account aforesaid. Sworn (SfC, Form 16). Note : — See Form 15 j Account C. should be in a form similar to Form 155 ; Where there are two or more executors or administrators, the phraseology of the affidavit must he varied, as in Form 156. 159. Negative affidavit by an acconntiiig party. ( Commence as in Form 157.) 1. Save and except as appears in the account marked A., exhibited to, and referred to in, the affidavit sworn by me on the day of , 186 — , and filed on the day of , 186 — ■, in this (matter and) cause, I have not, nor hath nor have any person or persons by my order or for my use, possessed, received, or got in any part of the personal estate of G. H., the testator [^Or, intestate] in the decree [Or, order] dated the , day of , 186 — , named or referred to, nor any money in respect thereof. Sworn (Sfc, Form 16). Note : — See Form 15. 160. Request to taxing master to tax bill of costs claimed by an accounting party. Master of the Rolls T lOr, Vice-Chancellor ], I {Short title.) at chambers. J The taxing master is requested to tax and settle the accompanying bill of costs, signed with my initials, to assist in making a proper allowance in respect thereof in taking the accounts of the defendant, E. F., the executor [Or, administrator, ^-c] of the testator [Or, intes- tate] in the pleadings named, in which accounts such bill is claimed as a payment by the said defendant to his solicitor. Dated this day of , 186 — . X. Y., Chief Clerk. Note:— As to the right of executors and trustees to their costs and expenses, See Seton, 767-770 ; Lewin, 723, 4; 1 Smith, 987. As to the power of the Judge to ohtain the assistance of the taxing master in settling a bill of costs, and the procedure in connexion therewith, See 40 C. O. rr. 25-7, in Appendix A ; Morgan, 568, 9. 161-162. II. ACCOUNT OF DEBTS. 161. Advertisement for creditors (and incnmbrancers) to come in. Pursuant to a decree [ Or, order] of the High Court of Chancery- made in (the matter of the estate of A. B., and in) a cause C. against D., the creditors of (^If so directed, and incumbrancers on the real estate of) G. H., late of , in the county of — — , who died in or about the month of , 186 — , are by their solicitors, on or before the day of , 186 — , to come in and prove their debts (and claims) at the chambers of the Master of the Eolls, in the Rolls' Yard, Chancery Lane, Middlesex [ Or, of the Vice-Chancellor , at No. 3 Stone Buildings, &c., See Form 7], or in default thereof they will be peremptorily excluded from the benefit of the said decree [ Or, order]. (Monday) the day of , 186 — , at o'clock in the noon at the said chambers, is appointed for hearing and adjudicating upon the claims. Dated this day of , 186 — X. Y., Chief Clerk. Let this advertisement be published in ^ the London Gazette of Tuesday [ Or, Friday] next. X. Y. Note:— For the above form. See Schedale L. to the C. O., Morgan, 625. For advertisement for heir or next of kin. See Form 150. For advertisement under 13 & 14 V. c. 35, and 23 & 24 V. c. 38, See post. As to advertisements generally, See 35 C. O., rr. 35-8, in Appendix A. ; Morgan, 538 J Scton, 128; 1 Smith, 931; Baniell, 913; Tripp, 188; Ayckbourn, 486. :.} 162. Ifotice of having entered claim. In Chancery. {Short title.) Take notice that I have this day entered a claim (No. ) in this (matter and) cause on behalf of A. B. of , for a debt of £. due to him, and filed an affidavit of the said A. B. in support thereof. Dated this day of , 186 — . Yours, Stc, G. B. of (Agent for N. O. of ), To 1 Solicitor for the said Mr. B., the plaintifi's | A. B. (defendant's) solicitor J [Or, agent]. J Note : — As to this notice, and the mode of entering claims. See 35 C. O., rr. 38, 9, 163-165. ACCOUNT OF DEBTS. in Appendix A. ; 9 Judges' Reg., in Appendix B. ; Morgan, 538, 698 ; Bloxam, 3, 40 ; And see Seton, 128 ; 1 Smith, 969 ; Daniell, 915 ; Drewry, 152; Ayckbourn, 488. 163. Summons for leave to enter claim after time expired. ( Commence as in Form 7), on the hearing of an application on the part of C. D., of {address and addition'), that he may be at liberty to go in and prove such debt, if any, as he can establish against the estate of G. H., the testator [ Or, intestate] in the pleadings named, notwith- standing the time has expired for adjudicating on debts due from the said estate {or as may be). Dated (^c, Form 7). Note: — For the order, See Seton, 138; And for like orders after certificate of debts, and before and after further consideration, and for order admitting claimants as creditors before certificate. See Seton, 139. And see 35 C. O. r. 43, in Appendix A. ; Morgan, 539 ; Seton, 128, 9 ; 1 Smith, 970; Daniell, 916; Tripp, 169 ; Ayckbourn, 488. 164. Summons for payment by an nnsuccessfiil claimant, of costs of resisting^ Ms claim. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that C. D., of {address and addition'), may be ordered to pay to the plaintiff and defendant respectively their costs of, and occasioned by, the claim made by the said C. D., to prove a debt against the estate of A. B., the testator [ Or, intestate] in this (matter and) cause, such costs to be taxed by the taxing master in case the parties differ. Dated {S^c, Form 7). Note -.—See Seton, 134 ; Morgan, 146, 568 ; 1 Smith, 972 ; Ayckbourn, 489. As to the costs allowed to a successful claimant, See 40 C. O. r. 24, in Morgan, 568; 2 Smith, 170. 165* Request to taxing master to tax bill of costs claimed against a deceased's estate. Master of the Rolls, "j • [Or, Vice-Chancellor ,] !■ {Short title.) at chambers. J The taxing master is requested to tax and settle the accompanying bill of costs, signed with my initials, which is claimed against the estate of A. B., deceased, the testator [Or, intestate] in the pleadings named. Dated, this day of , 186 — . X. T., Chief Clerk. Note:— See note to Form 160. 166. Affidavits to prove Debts. 166. Affidavit to prove a judgment debt. (^Commence as in Form 14.) 1. G. H., late of , the testator [Or, intestate] named in the decree [Or, order] made in this (matter and) cause, dated the day of , 186 — , was in his lifetime, and at the time of his death, and his estate still is, justly and truly indebted to me in the sum of £ for principal, and for interest thereon at the rate of £ ■ per cent, per annum, from the day of , 18—, under and by virtue of a judgment recovered by me on the day of , 18 — , against the said G. H. in Her Majesty's Court of Queen's Bench at Westminster (or as may be), and duly signed for the sums of £ debt, and £ costs, making together •the sum of £ , on the day of , 18 — , as I know from {state means of knowledge). If the judgment has been registered, add: — 2. A memorandum or minute of the said judgment was, on the day of , 186 — , left with the senior master of the Court of Common Pleas at Westminster, and entered by him in accordance with the statutes in this behalf, and the said judgment now remains in full force and duly registered, as aforesaid, as I know, ^e. If execution has been issued, add :— 3. A writ of {state what, or what other process of execution) of the said judgment was issued on the ■ day of , 186 — , and was executed and put in force on the day of , 186 — , as I know from, Sfc. If the execution has been registered, add : — A memorandum or minute of such writ {or other process) was on the day of left with the said senior master, and the particulars thereof were entered by him in accordance with the statute in this behalf, as I know from, ^c. 4. I have not, nor hath nor have any person or persons by my order, or for my use, to my knowledge or belief, received the said sum of £ , or any part thereof, or the interest thereon, or any part thereof, or any security or satisfaction for the same, or any part thereof, save and except the said judgment, but the whole of the said sum of £ , together with interest thereon, at the rate and from the time aforesaid, still remains justly due and owing to me from the estate of the said G. H., under and by virtue of the said judgment. Sworn {^c, Form 16). Note : — See Form 15. As to the mode of proving a judgment debt, See 1 Smith, 974, 5 ; Drewry Pr. 153; Tripp, 182. As to the creation — registration — and operation of — and remedies on — judgments, See Trower, 510, 1; 23 & 24 V. c. 38, in Morgan, 295; Sugd. Stat., 318, 9; See also Fisher, 723-5; Seton, 456-9, 1366, 7; Lewin, 751; 5 Petersdorff, 262. As to the mode of registering judgments, See Pask, 10-12; and writs of execution thereon under 23 & 24 V. t. 38, ss. 1, 2, Pask, Appx. 3, et seq. As to interest on judgments. See Seton, 299, 373, 457, 1289; Trower, 78; Fisher, 436. 167-168. ACCOUNT OF DEBTS. 167' Affidavit to prove a bond debt. (Commence as in Form 14.) 1. G. H., late of , deceased, the testator [Or, intestate] named in the decree [ Or, order] made in this (matter and) cause, dated the . day of , 186 — , was in his lifetime, and at the time of his death, and his estate still is, justly and truly indebted to me in the principal sum of i6 , for money lent and advanced by me to the said G-. H. {or as the case may be), and for interest thereon, at the rate of £ per cent, per annum, from the day of , 186 — . 2. For securing the repayment of the said sum of £ , with interest, the said G. H., by a bond or obligation in writing, dated the day of , 186 — , under his hand and seal, for himself, his heirs, executors and administrators, became bound to me, my execu- tors, administrators, and assigns, in the penal sum of £ , conditioned for the payment to me or them of the sum of £ , with interest for the same at the rate of £ per cent, per annum, on the day of -, 186 — , as I know from {Sfc, state means of knowledge, as, an inspection of the said bond). 3. The said bond is the paper writing now produced and shown to me, marlsed A. 4. I have not, nor hath nor have any person or persons by my order, or for my use, to my knowledge or belief, received the said principal sum of £ , or any part thereof, or the interest which has accrued thereon since the day of , 186 — , or any part thereof, or any security or satisfaction for the same respectively, or any part thereof, other than and except the said bond, but the whole of the said prin- cipal sum of £ , together with interest thereon at the rate aforesaid from the said day of , 186 — , still remains justly due and owing to me from the estate of the said G. H., under and by virtue of the said bond. Sworn (SfC, Form 16). Note:— See Form 15. As to the mode of proving a bond debt, See 1 Smith, 975, 6 j Tripp, 181. As to proving the consideration. See 1 Smith, 976; Tripp, 181 (n) ; Daniell, 1163, ed. 2. As to bonds generally, See Trower, 502, 3 ; Fisher, 721, 2 ; 2 PetersdorflF, 504 ; Add. Cont. 1098; Lewin, 709. And as to the interest recoverable on bond debts, See Seton, 299, 373 ; Fisher, 721. 168. Affidavit to prove a debt due on mortgage. ( Commence as in Form 14.) 1. By an indenture bearing date the day of , 186 — , and made between G. H., of , deceased, the testator [ Or, intestate] named in the decree [ Or, order] made in this (matter and) cause dated ACCOUNT OF DEBTS. 169. the day of , 1 86 — , of the one part, and myself of the other part (or as the case may be), certain hereditaments therein de- scribed, situate at , were conveyed [ Or, assigned] to me by the said G. H., subject to a proviso for the redemption thereof on payment to me by the said G. H., his heirs, executors, or administrators, of the principal sum of £ , on the day of , 186 — , with interest thereon in the meantime, at the rate of £ per cent, per annum ; and the said Gr. H. by the said indenture, for himself, his heirs, execu- tors, and administrators, covenanted with me for the payment to me of the said principal and interest monies at the time and rate and in manner aforesaid, as I know from (state means of knowledge, as, having perused the said indenture). 2. The said indenture is the parchment [Or, paper] writing now produced and shown to me, marked A. 3. I have not, nor hath nor have any person or persons by my order, or for my use, to my knowledge or belief, received the said principal sum of 36 , or any part thereof, or the interest which has accrued thereon since the day of , 1 86 — , or any part thereof, or any security or satisfaction whatsoever for the said principal and interest respectively, or any part thereof, other than and except the said inden- ture, but the whole of the said sum of £ , together with interest thereon, at the rate aforesaid, from the said day of , 186 — , still remains justly due and owing to me from the estate of the said G. H., under and by virtue of the said indenture. Sworn (Sfc., Form }6). Note: — See Form 15. As to the mode of proving a mortgage debt, See Smith, 973j Drewry, 153; Grant, 325-7; Bennett's M. O. 54. As to the concurrence of a mortgagee in a sale of the mortgaged estate free from his incumbrance. See Form 368. 169. Affidavit to prove a debt due on a bill, note, or check. (Commence as in Form 14.) 1. G. H., late of , deceased, the testator \0r, intestate] named in the decree [ Or, order] made in this (matter and) cause, dated the day of , 186 — , was in his lifetime, and at the time of his death, and his estate still is, justly and truly indebted to me in the sum of £ , for (state particulars of the bill, note, or check — See Form 170). 2. The said bill of exchange \0r, promissory note — Or, check], is the paper writing now produced and shown to me, marked A. 3. I have not, nor hath nor have any person or persons by my order, or for my use, to my knowledge or belief, received the said principal sum of £ , or any part thereof, or the interest which has accrued thereon since the day of , 186 — , or any part thereof, or any security or satisfaction for the same respectively, or any part thereof, 170. ACCOUNT OF DEBTS. save and except the said bill of exchange [Or, promissory note — Or, check], but the whole of the said principal sum of £ , together with interest thereon at the rate aforesaid, from the said day of , 186 — , still remains justly due and owing to me from the estate of the said G. H., upon and by virtue of the said bill \0r, note — Or, check]. Sworn {^c. Form 16). Note: — See Form 15. As to the mode of proving a debt on a bill, note, or check, See I Smith, 976, 7 ; Tripp, 181. As to bills, notes, and checks generally. See Add. Cont. 1097, 9, 1119 ; 2 Peters- dorff, 119, 400; 3 Id. 95; Smith's Man. C. L., 409-12; Seton, 1319; Trower, 502, 3, 516. 170. Examples of statement of debt due on a bill, note, or check. (a) Bill of Exchange. 1. Drawer against Acceptor: — In the sum of £ for principal money due on a bill of exchange dated the day of , 186 — , drawn by me upon, and accepted by, the said Gr. H., for the payment to me of £ three months after the date thereof, and for the interest thereon, at the rate of £ per cent, per annum, from the day of , 186 — , when the said bill became due. 2. Payee against Acceptor : — In the sum of £ for principal money due on a biU of exchange dated the day of , 186 — , drawn by E. F. upon, and accepted' by, the said G. H., for the payment to me of £ three months after the date thereof, and for the interest {Sfc, as above). 3. Indorsee against Acceptor : — In the sum of £ for principal money due to me as indorsee of a bill of exchange dated the day of , 186 — , drawn by E. F. upon, and accepted by, the said G. H., for the payment of £ to the order of the said E. F., three months after the date thereof, and for the interest {Sfc., as above). 4. On a Foreign Bill of Exchange: — In the sum of £ for principal money upon and by virtue of a bill of exchange dated the day of , 186 — , drawn by the said G. H. at Paris, in the empire of France, upon E. F., for the payment of francs, to the order of the said G. H., and by him indorsed to me ; and which said bill has been refused payment by the said E. F., and the same has been duly protested for such non-payment ; The said sum of francs was at the time of the drawing of the said bill, and stiU is, of the value of £ of lawful money of Great Britain. (b) Promissory Note. 5. Payee against Maker: — In the sum ot £ for principal money due on a promissory note dated the - — day of , 186 — , and made ACCOUNT OF DEBTS. 171. by the said G. H., whereby he promised to pay, three months after the date thereof [ Or, on demand], to me or my order, the sum of £ for value received, and for the interest (^c, as above). 6. Indorsee against Maker: — In the sum of £ for principal money due to me as indorsee of a promissory note dated the day of , 186 — , made by the said G. H., for the payment of £ ■ to the order of E. F. three months after the date thereof [ Or, on demand], and by the said E. F. indorsed to me [ Or, indorsed to L. M., and by the said L. M. indorsed to me], and for the interest {Sfc, as above). (c) Check. 7. Payee against Maker : — In the sum of £ for principal money due to me as the payee of a banker's check dated the day of , 186 — , drawn by the said G. H. on Messrs. E. F. and Co., for the pay- ment of £ to me, or bearer, on demand, and which said check hath been refused payment by the said Messrs. E. F. and Co. 8. Bearer against Maker: — In the sum of £ due to me as the bearer of a banker's check dated the day of , 186 — , drawn by the said G. H. on Messrs. E. F. and Co., for the payment of £ to L. M. or bearer on demand, and by the said L. M. transferred and delivered to me ; and which said check hath been refused payment by the said Messrs. E. F. and Co. Note: — See note to Form 169. 171. Affidavit to prove a simple contract debt. (^Commence as in Form 14.) 1. G. H., late of , deceased, the testator £0r, intestate] named in the decree [ Or, order] made in this (matter and) cause dated the day of , 186 — , was in his lifetime, and at the time of his death, and his estate still is, justly and truly indebted to me in the sum of £- for (Describe, shortly, the nature of the debt — See Form 172), the particulars whereof are set forth in the paper writing now produced, and shown to me, marked A. If either of the examples numbered 1 to 15 in Form 172 be used, add: — 2. The charges contained in the said paper writing marked A. are fair and reasonable, and such as are usual and customary in the pro- fession [ Or, trade, Or, business] of a (state nature ofprefessiun, business, Sfc., as I know, ^c). 3. I have not, nor hath nor have any person or persons by my order, or for my use, to my knowledge or belief, received the said sum of £ or any part thereof, or any security or satisfaction whatsoever for the same or any part thereof, but the whole of the said sum of £ still remains justly due and owing to me from the estate of the said G. H. on the account aforesaid. Sworn (Sfc, Form 16). 172. ACCOUNT OF DEBTS. Note: — See Form 15. As to the mode of proving a debt on simple contract, See 1 Smith, 977, 8j Seton, 117, 128; Drewry Pr. 153j Tripp, 180; 1 Grant, 321. As to simple contract debts in general. See Add. Cont. ix., et seq. ; 3 Petersdorff, 193,558; Trower, 164; Smith's Man. C. L., 314; And as to interest thereon. See 42 C. O. rr. 9, 10, in Morgan, 591; Seton, 132-4, 298, 304; Add. Cont., 1068, 9j Trower, 207, 305. As to adjudicating on debts accruing due after the testator's death, See Thomas v. Griffith, 9 W. R., 293. 172. Examples of statement of debt due on simple contract. 1. Goods sold and delivered. — For goods sold and delivered by me to the said G. H., at his request. 2. Board and Lodging. — For meat, drink, washing, lodging, and other necessaries provided by me for the said G. H., at his request. 3. Board and Education — For board, maintenance, and education, clothes and other necessaries, provided by me for the children of the said G. H., at his request. 4. Keep of Horses, Sfd. — For food and provender, stabling, care and attendance, provided and bestowed by me in feeding and keeping of horses for the said G. H., at his request. 5. Hire of Horses, Sfc. — For the use and hire of horses and carriages let to hire, and delivered by me to the said G. H., at his request, and by him had and used. 6. Carriage of Goods. — For the carriage and conveyance of goods and chattels by me for the said G. H., at his request. 7. Lighterage of Goods. — For lighterage of goods and chattels conveyed by me, in lighters and other vessels, and shipped and landed out of the same, for the said G. H., at his request. 8. Work and Materials. — For work done, and materials for the same provided, (and for journeys made in and about that work,) by me for the said G. H., at his request. 9. Work with Horses, S^c. — For work done by me and my servants, and with my horses, carts and waggons, for the said G. H., at his request. 10. As an Agent. — For work done by me as the Agent of and for the said G. H., and on his retainer ; and for commission and reward due, and of right payable from the said G. H. to me in respect thereof. 11. As an Attorney and Solicitor. — For work done as An attorney and solicitor, and materials for the same provided by me for the said G. H., upon his retainer, and for fees due and payable to me in respect ACCOUNT OF DEBTS. 172a. thereof, and for money paid by me for the use of the said G. H., at his request. 12. As Agent of an Attorney. — For work done as the agent of and for the said G. H., and materials for the same provided by me for him upon his retainer and at his request ; and for fees due and payable to me in respect thereof; and for money paid by me for his use, at his request. 13. As an Auctioneer and Appraiser. — For work done by me as an auctioneer and appraiser, for the said G. H., at his request, and in and about other his business, and for him, and at his request ; and for journeys and attendances made and given by me in and about his business, and for him, and at his request ; and for materials provided therein by me for him, and at his request. 14. As a Surveyor. — For work done by me as a surveyor for the said G. H., at his request, and in and about other his business (SfC, as in last example). 15. As a Surgeon and Apothecary. — For work and attendance done and bestowed by me as a surgeon and apothecary, in and about the curing of the said G. H. (and other persons) of divers diseases, and maladies, at his reqnest, and also for medicines and other things ad- ministered, applied, and delivered, found and provided by_ me, to and for him (and others) at his like request. 16. Money lent. — For money lent by me to the said G. H., at his request. 17. Money paid.— For money paid by me for the said G. H., at his request. 18. Money received. — For money received by the said G. H., for my use. 19. Account stated. — For money found to be due from the said G. H. to me, on an account stated between us. 20. Interest. —For interest upon, and for the forbearance to the said G. H., at his request, of monies lent and advanced by me to the said G. H., at his request, and which interest the said G. H. contracted and agreed with me to pay me. Note: — See note to Form 171. 172a. Affidavit by several creditors to prove their individual debts. In Chancery- {Title.) We, A. K., of {address, and trade or business), L. T., of, 3fC., and E. W. of, &c., each for himself alone, and not for the others or other of us, 'severally make oath and say as follows :— 173. ACCOUNT OF DEBTS. 1. G. H., late of , deceased, the testator ^Or, intestate] named in the decree [^Or, order] made in this (matter and) cause dated the day of , 186 — , was in his lifetime and at the time of his death, and his estate still is, justly and truly indebted to us respectively in the respective sums of money set opposite our respective names in the second column of the schedule hereto, and the full particulars thereof respectively are set forth in the respective paper writings now produced and shown to us respectively, and respectively marked with the letters set opposite our respective names in the fourth column of the said schedule, and the short particulars of the said debts respect- ively are set forth in the third column of the said schedule. 2. The charges contained in the said paper writings respectively are fair and reasonable, and such as are usual or customary in the respective trades or businesses carried on by us respectively, and in the intro- ductory part of this affidavit mentioned. 3. We have not respectively, nor hath nor have any person or persons by our order or for our use respectively, to our knowledge or belief, received the said sums of money respectively or any part thereof, or any security or satisfaction whatsoever for the same respectively or any part thereof, but the whole of the said sums respectively still remain justlj due and owing to us respectively from the estate of the said G. H. on the account aforesaid. The schedule above referred to. >ames of creditors. Amount of debts. Short particulars of debts. Exhibit marks. A.K. L. T. R. W. £ s. d. 2 2 6 3 1 9 4 5 11 Goods sold and delivered. The like. Work done and materials for the same provided. A. B. C. Sworn {8fC., Form 16). Note : — See Form 15. The above form is adapted from a precedent used in the masters' office, and would probably be accepted at the Judges' chambers. 173. Affidavit of debt due to a partnership. In Chancery. {Title.) I, E. C, of {business address), carrying on business at , aforesaid in partnership with T. S., under the style or firm of G. & S. make oath and say as follows : — ACCOUNT OF DEBTS. 174. 1. G. H., late of {SfC, Continue as in Form 171 to end of paragraph 2, introducing after indehted to me the words and the said T. S., as copartners as aforesaid). 3. I have not, nor hath nor have any person or persons by my order or for my use, nor to my knowledge or belief hath or have the said T. S., or our said firm, or any person or persons by his order or for his use, or by the order or for the use of our said firm, received the said sum of £ (^c, Continue from paragraph 3 of Form 171 to the end, introducing and my said partner T. S., after me). Sworn {Sfc, Form 16). Note : — See Form 15. The references in the ahove form apply to a simple con- tract debt only ; The form can he readily adapted to suit any other species of debt, See Forms 166-170. As to the rights and liabilities of partners upon contracts with third parties, See Add. Cont. 649-668 ; And see L. C. Merc. Law, 329. As to the form in which debts due to partners should be certified, See 1 C. O. r. 10, in Morgan, 342. 174. Affidavit of debt due to a deceased's estate. ( Commence as in Form 14.) 1. G. H., late of , deceased, the testator [Or, intestate] named in the decree [ Or, order] made in this (matter and) cause, dated the day of , 186 — , was in his lifetime, and at the time of his death, justly and truly indebted to E. F., late of , now deceased, in the sum of £ . for (Describe shortly the nature of the debt, as in the case of an ordinary creditor, and, if due on simple contract, exhibit an account of the particulars, and verify the reasonableness of the charges — See Forms \6&-VJ2 — and state means of knowledge"). 2. The said E. F, by his will, dated the day of , 18—, appointed me his sole executor ; he died on the day of , 18 — , without having altered or revoked the said will, and on the day of , 18 — , I duly proved such will in the court of , and I am now his sole legal personal representative {or as may be, See Form 96, note), as I know, Sfc. If the creditor died intestate, substitute the following for paragraph 2 :— The said E. F. died on the day of , 18 — , intestate, and letters of administration of his personal estate and effects were on the day of , 18 — , duly granted to me by the court of , and I am now his sole legal personal representative {or as may be, See Form 96, note), as I know from, S^c. 3. I have not, nor hath nor have any person or persons by my order for my use, to my knowledge or belief, received, nor to my knowledge 175. ACCOUNT OP DEBTS. or belief did the said E. F. at any time during his life receive, nor to my knowledge or belief hath any person or persons by his order, or for his use, received, the said sum of £ , or any part thereof (or the interest which has accrued thereon since the day of , or any part thereof), or any security or satisfaction whsltsoever for the same (respectively), or any part thereof; but the whole of the said sum of £ (together with interest thereon at the rate of £ per cent. per annum from the day of ,) remains justly due and owing to me, as such executor [Or, administrator] as aforesaid, from the estate of the said G. H. on the account aforesaid. Sworn (4-c., Form 16). Note : — See Form 15. As to the mode of proving debts due to a personal repre- sentative, See 1 Smith, 978 ; Drewry Pr. 154. As to the title of the personal representative to debts due to the deceased, See Add. Cont 1104; 4 Petersdorff, 360. And as to the form in which such debts should be certified, See 1 C. O. rr. 4-6, in Morgan, 340-1. 175. Affidavit of debt due to a bankrupt's estate. In Chancery. (Title.) We, A. B., o{ (address and addition), and E. F., of (address and addition), severally make oath and say ; and first I, the said A. B. for myself say, as follows : — 1. G-. H., late of , deceased, the testator [Or, intestate] named in the decree ^Or, order] made in this (matter and) cause, dated the day of , 186 — , was in his lifetime, and at the time of his death, justly and truly indebted to me in the sum of £ , for (De- scribe, shortly, the nature of the debt, and, if due on simple contract, exhibit an account of the particulars, and verify the reasonableness of the charges — See Forms 166 — 172 — and state means of knowledge). 2. A Petition for adjudication of bankruptcy, bearing date the day of , 18 — , hath been duly filed against me, and I have there- upon been adjudged bankrupt, and the said E. F. hath been duly ap- pointed, and is now, the ofiicial assignee, and J. K., of and L. M. of , have been duly chosen and appointed, and are now assignees of my estate and efiects under such bankruptcy. 3. I have not, nor hath nor have any person or persons by my order or for my use, to my knowledge or belief, nor to my knowledge or belief hath the said E. F., or any person by his order, or for his use received the said sum of £ , or any part thereof (or the interest which has accrued thereon since the day of , or any part ACCOUNT OF DEBTS. 176. thereof), or any security or satisfaction whatsoever for the same, or any part thereof (respectively) ; but that the whole of the said sum of £ (together with interest thereon at the rate of £ per cent. per annum from the day of ,) remains justly due and owing to the said E. F., as such official assignee as aforesaid, from the estate of the said G. H. on the account aforesaid. 4. And I, the said E. F., for myself, say that I have not, nor hath nor have any person or persons by my order, or to my knowledge or belief for my use, as the official assignee of the estate and effects of the above- named A. B., received the said sum of £ , or any part thereof (or the interest which has accrued thereon since the day of , or any part thereof), or any security or satisfaction whatsoever for the same, or any part thereof respectively ; but the whole of the said sum of £ (together with interest thereon at the rate of £ per cent. per annum from the day of ,) remains justly due and owing to me, as such assignee as aforesaid, from the estate of the said G. H. on the account aforesaid. Sworn (SfC, Form 16). Note: — See Form 15. As to proof of a debt due to a bankrupt's estate, See 1 Smith, 978 i Form 175 is applicable to a bankruptcy under the 12 & 13 V. o. 106, See s. 39. On a bankruptcy under the 24 & 25 Y. c. 134, the official assignee is, immediately on adjudication, to take possession of the bankrupt's estate, s. 108 ; And by s. 117, on the appointment of creditors' assignee, the estate is to be devested out of the official assignee and vested in the creditors' assignee; Form 175 can be readily adapted to meet a case within the latter act. As to the law of bankruptcy in general, See 2 PetersdorfF, 141-369 ; L. C. Merc. Law, 831-5 ; Smith's Man. C. L. 403-9 ; And as to the transfer of the interest in con- tracts through bankruptcy, See Add. Cont. 829-837. 176. Affidavit by executor or administrator, in proof of small debts investigated by him. (Commence as in Form 157.) 1. I have in the schedule hereto set forth the particulars of certain claims of debt which have been made against the estate of G. H., the testator named in the decree [ Or, order] made in this (matter and) cause, dated the day of , 186 — . 2. For the purpose of ascertaining whether the debts so claimed, or any and which of them, or any and what parts thereof respectively, are justly due from the estate of the said G. H., I liave carefully investi- gated the said claims, and examined the same with the books and 176. ACCOUNT OF DEBTS. papers of the said G. H., and made inquiries in respect of such claims of persons conversant with his a£fairs. 3. From the investigation, examination, and inquiries so made, I verily believe and have no doubt that the said G. H. was in his lifetime, and at the time of his death, and that his estate now is justly and truly indebted to the several persons whose names and addresses are set forth in the first and second columns of the schedule hereto, in the several sums of money set opposite their respective names in the third column of the said schedule, on account or in respect of the matters set forth in the fourth column thereof ; and that the said several sums are proper to be allowed in this (matter and) cause as debts due and owing from the estate of the said G-. H., without further evidence thereof. 4. To the best of my knowledge, information, or belief the several persons to whom such respective sums are due as aforesaid have not respectively, nor hath nor have any person or persons on their respec- tive behalves, received any security or satisfaction whatsoever for or on account of their said respective debts. The Schedule above referred to. Names of Creditors. James Brooks Maria Hughes John Thomas and George Welch Addresses. r Hammersmith, i Middlesex, 1_ Butcher — - f Arabella Row, i Pimlico, Middle. l_sex, Widow - - (Bow Lane,Cheap- ' side, London, Carriers and Co- partners - - - - . Amounts due. £ s. d. 1 3 10 3 I 4 Short particnlars of debt. Goods sold and delivered. Board and lodg- ing. Carriage of goods. Sworn (^c. Form 16). Note:— See Form 15. The allowance of debts on the affidavit of the personal representative only, seems in practice to be confined to cases of trifling amount. ACCOUNT QF DEBTS. 177. 177. List, for use iix' chambers, of debts allowed. In Chancery. (Short title.) List of Debts. ii Amounts al- lowed for Total %B Names of Creditors Addresses. Principal, In- Amounts A'" terest, and due. !l.° - Costs. £ a. d. £ s. d. 2 James Allen Boston, in the county" ^ of Lincoln, Sur- geon - - - -_ Interest - - - 100 4 1 Charles Cohen Costs - - 98, Piccadilly, in the' 2 2 106 2 county of Middle- sex, Gentleman, 67 execufor of John Thomas - - Interest from ' 5 th October, 1860, at £5 ' 4 2 per cent. Costs - - - 2 2 5 John Dennis 16, "rieet" Street," 73 4 and Owen London, Grocers 100 Thomas and Copartners -. Interest from ' 16th October, 1.862, at £5 ' per cent. - -_ Another debt - - Interest - - - Costs - - . -. 5 62 2 10 2 4 6 171 14 6 Total £ 351 6 Note ; — The names are to be inserted alphabetically ; Where the debt does not carry interest, but interest is allowed under the 42 C. O. r. 9, it is to be stated as m the first example above ; If the debt carries interest, the rate and time from which it is computed is to be stated, as in the second example ; As in all cases the interest is computed to the date of the certificate, this need not be stated ; When there are both specialty and simple contract debts, separate lists are to be prepared, a 178. iCCOUNT OF LEGACIES AND ANNUITIES. For the abore form and note, see Judges' Keg., Form 9, in Bloxam, 24-50 ; Morgan, 718 ; And see 35 C. O. r. 44, and 4a, C. O.rr. 9, 10, in Appendix A; Morgan, 639, 591 i 1 Smith, 979 ; Ayckbourn, 488 ; Tripp, 197. in, ACCOUNT OF FUNERAL EXPENSES. The direction as to this account— See Form 154, No. 3— will be answered by the executors' affidavit. See Form 156, paragraph 3. Note :— As to what is deemed a proper expenditure for the funeral. See Smith's Pis. 610, 1. IV. ACCOUNT OF LEGACIES AND ANNUITIES. 178. list of legacies remainiag unpaid. In Chancery. {Short title.) List of Legacies. Names of Legatees. Descriptions. Amounts of Principal and Interest. Total Amounts due. James Oliver Mary Eussell Jane, the wife of John Williams Son of Testator, an infant - Interest - - . - . of 20, Cheapside, London, widow -.-..- Interest from 1st Janu- ary 1860, the death of Testator - - - of Lincoln, Esq. - - - - Paid in part - - - - Interest - - - - - £ s. d. 100 7 5 6 50 4 8 4 250 50 200 14 11 £ t. d. 107 5 6 54 8 4 214 11 Total J, 376 4 10 ACCOtJNT OF LEaACIES AND ANNUITIES. 179. Note : — Where the interest is to he computed from the end of one year after testa- tor's death, it is to he stated as in the first example above ; If otherwise, the time from -which it is payable is to be stated ; As in all cases interest is computed to the date of the certificate, this need not be stated. For the above form and note. See Judges' Reg., Form 10, in Bloxam, 25, 50 ; Morgan, 719 ; And see 1 Smith, 979 ; Tripp, 198. For a collection of orders as to specific and general bequests, with practical notes, See Seton, 169-182. As to abatement — ademption — satisfaction — assent — payment on account — and other points incident to legacies, See Seton, 1370-1 ; 2 L. C. Eq., 925-7, 943-5, 959-60-1 ; Smith's Comp. 929-46. As to interest on legacies. See 42 C. O. r. 11, in. Appendix A ; Morgan, 592 ; Seton, 179 ; 2 L. C. Eq., 256-261 ; Smith's Pis. 658-662 ; 1 Smith, 990. As to setting ofif a legacy against a debt, See Seton, 104, 177, 1285 ; 2 L. C. Eq., 943-5. As to a donatio mortis causa. See Seton, 1340 ; 1 L. C. Eq., 763-4. 179. In Chancery. List of annuities and arrears dne. (Short title.) List of Annuities. Names of An- Description of Annuitants and Amounts of Amounts of Arrears due. nuitants. Nature of Annuities. Annuities. £ .. d. £ s. d. Mary Jones Spinster, daughter of Testa- tor, during her life - - 50 25 MariaWilliams Widow of Testator, during her life and widowhood - 200 Arrears due from 7th Aug., 1862, down to which it has been paid Totals - £ 300 250 325 Note: — The arrears are to be explained as in the second example, if due from any other period than that of testator's death. For the above form and note. See Judges' Reg., Form 11, in Bloxam, 26, 50; Morgan, 720 ; And see 1 Smith, 989 ; Tripp, 198. For a collection of orders as to annuities, with practical notes, See Seton, 1314, 5. As to interest on arrears of annuities, See Smith's Pis. 662 ; 1 Smith, 990 j Seton, 213, 281, 480. As to valuing an annuity on a deficiency of assets, See Seton, 212, 1288 ; And see Form 193. B 2 179. V. INQUIRY AS TO OUTSTANDING ESTATE. This inquiry— See Form 154, No. 5— will be answered by Form 156, paragraph 6, and second schedule thereto. -' Wote: — As to what parts of the personal estate are to be deemed 'outstanding or undisposed of,' See Bloxam, 48 ; 1 Smith, 988. And for summonses relating to the outstanding estate. See Fart 14. VI. INQUIRY AS TO REAL ESTATE. This inquiry — See Form 154, No. 6 — will be answered by Form 156, paragraph 8, and third schedule thereto. And for summonses relating to the real estate, see Parts 14 and 15. ACCOTTNT OF KENTS AND PROFITS. 180. 13 a O O o 'to o t/2 M o o H S o I o I c8 M , P '(B 2 a ^ O 13 S §§ "J ^^ ^ Ti « a s?; f Dat whe paid allow 4 00 I— ( rf a rH ? m O V n CO S 1 i^ 1 » § . 1-3 t-s ^•a . (V a 9 1 00 £ 1— « qa 1— ( (^Commence as in Form 156.)' 1. We have in the account marked D. now produced and shown to us, according to the hest of our knowledge, information, and belief set torth a full, true, and particular account of all the rents and profits of the real estate of G. H., the testator in the decree [ Or, order] dated the day of , 186 — , made in this (matter and) cause, named or referred to, 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 {This should accord with the order directing th6 account) from the foot of the account marked B. exhibited to, and referred to in, the affidavit sworn by us respectively in this (matter and) cause on the day of , 186 — , and filed on the day of , 186 — , together with 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 receiv$d, and the times when the same became due ; and also a like account of the disburse- ments, 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, from the foot of the said account marked B., together with the times when, the names of the persons to ' whom, and the purposes for ■jvhich the same were made. 2. And we, each speaking positively for himself, and to the best of his knowledge and belief as to other persons, further say tiiat save and except as appears in the said accounts marked respectively B. and 1)., we have not, nor have nor hath any or either of us, n'or have nor hath any other person or persons 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 ifl respec t thereof, and that the said account marked D, does not contain any item INQUIRY AS TO INCUMBRANCES. 183-184. of disbursement, payment, or allowance, oilier than such as has actually been disbursed, paid, or allowed as above stated. Sworn (&c., Form 16). Note:— See Form 15. Account D. should be in a form similar to Form 155. For Form of affidavit verifying a first account, See Form 156. 183. ITegative afiELdaTit as to rents and profits. — one deponent. {Commence as in Form 14.) 1. Save and except as appears in the account marked B. exhibited to, and referred to in, the affidavit sworn by me in this (matter and) cause on the dny of , 1^6 — , and filed on the day of , 186 — , I have not, nor hath nor have any person or persons by my order or for my use, possessed, received, or got in any rents or profits of the real estate of G. H., the testator in the decree [ Or, order] dated the day of , 186 — , made in this (matter and) cause, named or referred to, nor anj money in respect thereof. Sworn {Sfc, Form 16). Note : — See Form 15. 184. The like — several deponents. (^Commence as in Form 156.) 1. We, each speaking positively for himself and to the best of his knowledge and belief as to other persons, severally say that save and except as appears in the account marked B. exhibited to, and referred to in, the affidavit sworn by us respectively in this (matter and) cause on the day of , 186 — , and filed on the day of , 186 — , we have not, nor have nor hath any or either of us, nor hath nor have any other person or persons 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 rff the real estate of G. H. {^c, Form 183), nor any money in respect thereof. Sworn (^c, Form 16). Note: — See Form 15. VIII. INQUIRY AS TO INCUMBEANCES. This inquiry — See Form 154, No. 8 — will be answered by Form 156, paragraph 10, and the fourth schedule thereto. Note: — For advertisement for incumbrancers to come in, See Form 161 ; And see Forms 368-71. 185. IX. CERTIFICATE OF RESULT OF ACCOUNTS AND INQUIRIES. 185. Chief clerk's certificate. {Title as in -decree, or order.) In pursuance of the directions given to me by the Master of the Rolls [ Or, Vice-Chancellor ], I hereby certify that the result of the accounts and inquiries which have been taken and made in pur- suance of the decree [ Or, order] made in this (matter and) cause dated the day of , 186 — , is as follows : — Appearances: — The plaintiffs and defendants \_If so, (except the de- fendant C. D., who has not attended, although duly summoned, as by affidavit appears) and E. F., who having been served with notice of the said decree [Or, order], by an order dated the day of , 186 — , had liberty to attend], have attended by their respective solicitors. Notice of decree : — Notice of the said decree [ Or, order] of the day of , 186 — , has been served upon J. £. and L. M. The persons so served include all the (state whom, as, residuary legatees) now living, and the personal representatives of such of them as are dead (or as may 6e), except such as are parties to this suit, and except O. P. ; Service of notice of the said decree \0r, order] upon the said O. P. was dispensed with. The evidence produced relative to such services, and dispensing with service, consists of the record and writ clerk's certificate; the affidavit of R. S. filed the ^ day of , 186 — ; and the affidavit of T. U. filed the day of , 186 — 1. Account of Personal estate :-=^Tb.e defendants A. B., C. D., and E. F., the executors of G. H., the testator named in the said decree [ Or, order], have received personal estate (If so qualified in decree or order, add, not specifically bequeathed) to the amount of £(3000), and they have paid, or are entitled to be allowed^ on account thereof, sums to the amount of £(2000), leaving a balance due from them of J( 1000), on that account ; The particulars of the above receipts and payments appear in the Account marked A., verified by the affidavit of the defendants A. B., C. D., and E. F., filed the day of , 186 — , and which, account is to be filed with this certificate ; except that in addition to the sums appearing in such account to have been received, the said defendants are charged with the following sums, that is to say, {state them), and except that of the items of disbursement in the said account, I have disallowed those numbered (12 and 80), and I have deducted from the item numbered (15), the sum of £(60), and from the item numbered (18), the gum of £(10), and in addition to the CEKTIFICATE OF KESULT OF ACCOUNTS AND INQUIKIES. 185. disbursements appearing in such account the said defendants have paid and been allowed the following sums (state particulars). Reference to a Transcript : — The said account marked A. has been altered, and the account marked A. B., and which is also to be filed with this certificate, is a transcript of the said account marked A. as altered and passed. Special allowances : — The payments allowed to the said defendants in the said account, include the sum of j£(100) paid into the bank, with the privity of the accountant-general of this court, to the credit of this (matter and) cause, on the day of , 186—, pursuant to an order of the day of , 186 — ; Such payments also include sums invested by the said defendants in the purchase of ig(300) bank £3 per cent, annuities in their joint names ; The said defendants, on the day of , 186^, transferred the said £(300) bank £3 per cent, annuities into the name of the accountant-general of this court, in trust in this (matter and) cause. No personal estate received: — The defendants A, B., C. D., and E. F., the executors of G. H., the testator named in the said decree [^Or, order], have not, nor have nor hath any or either of them, or any person or persons by their, or any or either of their order, or for their, or any or either of their use, received any part of the personal estate (ijf' so qualified in decree or order, add, not specifically bequeathed) of the said testator. 2. Account of debts : — The debts of the testator which have been allowed, are set forth in the first schedule hereto, and with the interest thereon and costs mentioned in the said schedule, are due to the persons therein named, and amount altogether to £(351 Os. 6d.) ; No other person has come in and proved any debt against the estate of the said testator, and the time fixed by advertisement for that purpose has expired ; Such of the debts as are specialty are set forth in the first part of the said schedule and amount to £ ; And such as are simple contract are set forth in the second part of the said schedule and amount to £ ; The interest on such debts is computed down to the date of this certificate, and after the rate of £4 per centum per annum, from the day of , 186 — , the date of the said decree [ 0?; order], pursuant to the 42nd consolidated general order, rule 9, unless otherwise specified in the said schedule ^Or if no debts proved, say, in lieu of the above. There is not any debt of the said testator remaining unpaid; No person has come in and proved any debt against the estate of the said testator, and the time fixed by advertisement for that purpose has expired]. Advertisements have been published in " The London Gazette " of the day of , 186— ; " The Times " newspaper of the . day of , 186 — {mention any others). 3. Account of funeral expenses : — The funeral expenses of the testator, 185. CERTIFICATE OF RESULT OP ACCOUNTS AND INQUIRIES. amounting to the sum of £(70), have been paid, and are allowed the defendants A. B , C. D., and E. F., the executors of the said testator, in the said account of personal estate. The evidence produced on this account consists of the said affi- davit of the defendants. 4. Account of legacies and annuities : — The legacies given by the testator, other than annuities, are set forth in the first part of the second schedule hereto, and with the interest therein mentioned, remain due to the persons therein named, and amount altogether to £(376 4s. \0d); The interest on such legacies is computed down to the date of this certificate, and after the rate of £4 per cent, per annum, from the day of , 186 — , the end of one year after the testator's death, unless otherwise specified in the said schedule. The annuities given by the testator, with the arrears due thereon, are set forth in the second part of the said second schedule, and such arrears amount altogether to i§(325) ; The arrears of the said annuities are computed to the date of this certificate, and from the testator's death, unless otherwise specified in the said schedule. The evidence produced on this account consists of the probate of the testator's will, and the affidavit of W. N. filed the day of , 186 — , and the exhibit marked T. therein referred to 5. Inquiry as to outstanding estate : — The personal estate of the said testator, (If so qualified in decree or order, add, not specifically be- queathed,) outstanding or undisposed of, consists of the particulars set forth in the third schedule hereto. The evidence produced on this inquiry consists of the said affi- davit of the defendants. 6; Inquiry as to real estate : — The real estate which the said tes- tator was seised of or entitled to, consists of the particulars set forth in the fourth schedule hereto. The evidence produced on this inquiry consists of the said affi- davit of the defendants. 7. Account of rents and profits: — The defendants A. B., C. D., and E. F., the trustees named in the said decree [ Or, order], have received rents and profits of the testator's real estate to the amount of £(800), and they have paid, or are entitled to be allowed, on account thereof, sums to the amount of £(300), leaving a balance due from them of £(500) on that account. The particulars of the above receipts and payments appear in the account marked B., verified by the affidavit of the defendants A. B., C. D., and E. F., filed the day of , 186—, and which account is to be filed with this certificate. iVb rents or profits received .-—The defendants A.B., CD., and E. F., :lihe trustees (Sfc, see. above), have not;- nor have nor hath any or either CERTIFICATE OF EBSULT OF ACCOUNTS AND INQUIEIBS. 185. of them, or any person or persons by their, or any or either of their order, or for their, or any or either of their use, received any sum or sums of money on account of the rents and profits of the testator's real estate. The evidence produced consists of the said affidavit of the defendants. 8. Inquiry as to Incumbrances: — The incumbrances aflfecting the testator's real estate are specified in the fifth schedule hereto. The evidence produced on this inquiry consists of the said affi- davit of the defendants. The first Schedule before referred to. No. of entry of claim. Names of Creditors. Addresses. Amounts al- lowed for principal, in- terest, and costs. Total Amounts due. First part : Second par ( JPor the p( — Specialty debts, t: — Simple contract c %rticulars, See Form ebts. 177.) Names of Annaitants. The second Schedule before referred to. First Part. Names of Legatees. Descriptions. Amounts of principal and interest. Total amounts due. (^For the particulars, See Fo rm 178.) Second Part. Description of annuitants, and nature of annuities. Amounts of annuities. {For the particulars, See Form 179.) Amounts of arrears due. 186-187. CEETIFICATE OF RESULT OF ACCOUNTS AND INQUIRIES. The third Schedule before referred to. ( This schedule contains the particulars of the personal estate outstanding.') The fourth Schedule before referred to. (This schedule contains the short particulars of the real estate.) The fifth Schedule before referred to. ( 7%{s schedule contains the short particulars of the incumbrances, . and shows what part of the above real estate is subject to each.) Dated this day of , 186 — . Approved this day 1 X. T., Chief Clerk. of , 186— J (Signature of Judge). Notk: — As to the form of the chief clerk's certificate, See 15 & 16 V. c. 80, s. 32; 1 C. O. rr. 4, 6, 10, in Morgan, 148, 340-2; 35 C. O. r. 48, Id. 540; and Appendix A. ; and the model certificate in Schedule M. to C. O., Morgan, 626. As to the contents of the certificate in the case of accounts — and as to transcripts of accounts— and filing accounts and transcripts, See 35 C. O. rr. 46, 55, in Appendix A. ; Morgan, 540, 2.- As to the preparation — ^furnishing copies — settling — transcribing — signing — ap- proving — filing — and effect of filing, of the certificate. See 15 & 16 V. c. 80, ss. 32,4, in Morgan, 148, 9; 35 C. O. rr. 45, 7, 51, 6, 7, in Appendix A.; Morgan, 539-542; And see Seton, 51, 2; 1 Smith, 948-951; Ayckhourn, 504-9 ; Daniell, 906 ; Drewry Pr. 152. As to the adoption of certificates by the Vacation Judge, See 35 C. O. r. 59, in Appendix A.; Morgan, 543. For summons to take Judge's opinion on, or to vary certificate, See Forms 187, 8. 186. Summons to settle draft certificate. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, 8fc., to settle the draft of the chief clerk's certifi- cate under the decree \_0r, order] dated the day of , 186 — . Dated (^d.. Form 7). Note : — This summons is only requisite in certain cases, and should not be issued unless specially directed at chambers ; And see 1 Smith, 949. 187. Summons to take opinion of judge on certificate — before approval. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B. — Or, of C. D, of, ^c], to take CERriFICA.TE OF BESULT OF AOOO0NTS AND INQUIRIES. 188-189. my opinioa upon the result of the proceedings under the decree [_Or, order] dated the day of ; IBS — , as certified by the certificate of my chief clerk dated the day of , 186 — ; and that the said certificate may be reviewed in the following respect, namely : {State, succinctly, the alteration desired, as, by disallowing the sum of £100 thereby certified to be due to E. F. — Or, by allowing the iteni Nod. 10, amounting to £50, included in the account marked A. referred to in the said certificate — Or, by striking out of the fourth schedule to the said certificate, the words and figures " Burrows' close, containing 13a. Ir. 3p.") ; And that such consequential alterations or corrections as may be necessary may he made in the said certificate. Dated (^c, Form 7). Note: — As to the above application, See 15 & 16 V. c. 80, s. 33, in Morgan, 148 ; 35 C. O. rr. 49, 50, 3, 4, in Id.,i54I, 2; and in Appendix A.; Seton, 53-5; 1 Smith, 949-50; Ayckbourn, 506; Daniell, 909; Tripp, 66. 188. Sturunons to vary certificate — after approval. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant — Or, of E. F., of ^c], that so much of the certificate of my chief clerk, dated the day of , 186 — , and filed the day of , 186 — , as certifies {State, suc- cinctly, the finding objected to, as, that the sum of £100 is due to E. F. Or, that the item Nod. 10, amounting to £50, included in the account marked A referred to in the said certificate is disallowed — Or, that "Burrows' close, containing 13a. Ir. 3p.," included in the fourth schedule to the said certificate, forms part of the real estate whereof 6. H., the testator in the said certificate named, died seised) may be varied by {State, succinctly, the finding desired, as, by. disallowing the said sum of £100 — Or, by allowing the said sum of £50 — Or, by strik- ing out the words and figures, " Burrows' close, containing 13a. Ir. 3 p." in the said fourth schedule) ; And that such consequential alterations or corrections as may be necessary may be made in the said certificate. Dated {^c. Form 7). IJote: As to applying to vary a certificate. See 15 & 16 V. c. 80, s. 34, in Morgan, 149; 35 C. O. rr. 52-4, in Id. 541, 2; And in Appendix A; 1 Smith, 951-2; Ayckbourn, 509; Daniell, 911 ; Tripp, 66; and Seton, 53-5, where forms of orders on applications to vary are given. 189. Note of adjournment thereof into court. {Short title.) The summons to vary the certificate in this (matter and) cause is adjourned into court, and is to be set down in the cause book to come on at the same time as this (matter and) cause is to be heard on further 190-191. FTJETHEE CONSIDERATION. consideration {or as the case may be). Dated this day of , 186—. X. T., Chief Clerk. . N.B, Notice hereof is to be given to the solicitors for all parties in the cause. Note :— As to this applieation, See Seton, 55 ; 1 Smith, 952, 3 ; Ayckbonrn, 510. As to appeals from orders on applications to discharge or vary certificates, See I Smith, 953, 4; Seton, 56; Ayckboum, 510. X. FURTHER CONSIDERATION. 190. Stmunons for further consideration of a matter and cause. {Commence as in Form 7), on the hearing of an application on the part of the plaintifiF [Or, defendant, §c.], that this matter and cause, the further consideration whereof was adjourned by the order of the day of: , 186 — , may be further considered. Dated {^c, Form 7). Note : — This summons is to he served six clear days before the return ; And is only applicable to suits commenced by administration summons. See 18 Judges' Reg., in Appendix A; Bloxam, S, 42; Morgan, 699 ; And see Seton, 41 ; 1 Smith, 1043; Ayckboum, 537, 8. 191. Note of adjournment thereof into court. The Master of the Rolls ") [Or, Vice-Chancellor ], > {Short title.) at chambers. J The further consideration of this matter and cause is adjourned into /ieourt, to be set down in the cause book after the causes already set down for further consideration (If to be heard as a short cause, add, and to be put into the paper for further consideration on the day of , 186—). Dated the day of ■ , 186 — X. T., Chief Clerk. N.B. Notice hereof is to be given to the solicitors for all parties in the cause. Note : — As to this proceeding, and as to the mode of setting down causes for fiirtber consideration, See Seton, 39-41 ; 1 Smith, 1040-4; Ayckbonrn, 391-3, 538 ; Daniell, 1019; Drewry Pr. 162. APPORTIONMENT AMONG CREDITORS OK LEGATEES. 192-193. 192. Notice of setting down for fiirtlier consideration. In Chancery. ( Title.) Take notice that this matter and cause, the further consideration whereof was adjourned by the order dated the day of , 186 — , has been set down in the registrars' book, to be further con- sidered in open court on the day of , 186 — . Dated (4"C., Form 7). Note: — See 1 Smith, 1044; Ayckbourn, 538; As to hearings on further con- sideration, See 1 Smith, 1045, et seq. ; Seton, 40, 1 ; Ayckbourn, 393, 4 ; And for an order thereon in a summons suit. See Seton, 38. XI. APPOETIONMENT AMONG CREDITORS OR LEGATEES. 193. Order directing an apportionment. It is ordered that the taxing master do tax the plaintiffs and de- fendants their costs of this suit, as between solicitor and client ; And it is ordered that subsequent interest be computed on the debts \_0r, legacies] mentioned in the (first) schedule to the chief clerk's certifi- cate dated the day of , 186—, at such rate of interest as the same respectively carry ; And it is ordered that the s£( 5,000) bank three pounds per cent, annuities standing in the name of the accountant- general, in trust in this cause, be sold; And it is ordered that out of the money to arise by the said sale, and any interest to accrue on the said annuities in the meantime, the said costs, when taxed, be paid as follows : the costs of the plaintiffs to Mr. A. B., their solicitor, and the costs of the defendants to Mr. C. D., their solicitor ; And it is ordered that the residue of the said money and interest be apportioned amongst the said several creditors [Or, legatees], in proportion to the amounts which shall be certified to be due to them ; And it is ordered that the several amounts so apportioned be paid to such creditors [ Or, legatees] respectively, or to the legal personal representatives of such of them as may be dead. Liberty to apply. Note: — For certificate verifying copy order — note of solicitors' names — and summons to proceed. See Forms 118-120. For the mode of working out an apportionment order. See 1 Smith, 99 1-2. For a collection of orders for payment of creditors, and of legatees, in full, and by apportionment of the assets on a deficiency, with practical notes, See Seton, xii., xv., xvi., 140-7, 207-214, 242-8 ; And for orders to raise deficiency by sale or mortgage, with a statement of the mode of working out same, See Id. 244-6; And see part 14. .194. APPORTIONMENT AMONO CKEDITOKS OK LEGATEES. As to directing payment to the solicitor of sums under £10, on his undertaking. See Seton, 142, 5. As to the principle on -which subsequent interest should he calculated. See Seton, 144; Smith's Pis. 657. As to valuing an annuity on a deficiency of assets, See Seton, 212, 1288. That a creditor's costs of proof are not payable in full on a deficiency. See Morshead v. Reynolds, 21 Beav. 638. As to payment to personal representatives. See 1 C. O. rr. 4-6, in Morgan, 340-1. As to verifying an apportionment by affidavit, instead of by certificate. See Seton, As to what are assets real and personal, legal and equitable. See 2 L. C. Eq. 88-104, 927-9; Haddan, 66-7-79; Williams, R. A. 1-14; Trower, 268-74 5; Seton, 316 ; Smith's Pis. 597. For the principles on which the assets of a deceased person are applied and distributed in equity, and herein of: — 1. The costs of administration — 2. The order and priority of the debts — legacies — and residue — And 3. The order of the application of the assets, including priorities and marshalling. See Haddan, 90-1-6-119-39; See also Seton, 145, 311-4-6-7-22; Trower, 295-300-6; Williams, R. A. 95-107-18; Smith, Pis. 584-628-55. 194. Concise statement of the apportionment to be made. In Chancery. (Short title.) The plaintiff's statement of the apportionment to be made, pursuant to the order dated the day of——, 186 . The funds to be apportioned pursuant to the said order, consist of the following particulars : — Amount produced by the sale thereby directed of the £5,000 bank £3 per cent, annuities, then in court J4,500 Half year's interest accrued on the said stock on 5th July, 1863 - - - - 170 Whereout the accountant-general has paid the fol- lowing taxed costs, pursuant to the said order and the taxing master's certificate, dated the , viz: Plaintiff's costs - - - ^100 Defendant's costs - - 80 £4,670 Leaving a balance of cash in court on the 180 credit of this cause of - - - - £4,490 APPOHTIONMENT AMONG CREDITOKS OR LEGATEES. 195, The debts, interest, and costs [ Or, the legacies and interest] found due to the creditors [ Or, legatees] of the testator by the chief clerk's certificate, dated the , as set forth in the (first) schedule thereto, amount together to £6,000 And subsequent interest on the said debts [ Or, legacies] from the foot of the said certificate, amounts in the whole to the sum of - - 150 Making together £6.150 The said sum of £4,490 is, pursuant to the said order, apportionable amongst the said creditors [Or, legatees] in the following manner : Names of creditors For, • ■ esl John Jones - Thomas Young and Robert Young 20, Cheapside, Ijon-1 don. Woollen- j draper - - - J Subsequent interest Braintree, Essex, l executors of Wil- | liam Young, de- | ceased - - J Subsequent interest Amounts before certified to be due. and subsequent interest £ s. d. 4,000 100 2,000 50 Totals due 8, d. 4.100 2,050 Total due jfi6,150 Amounts apportioned 2,993 6 8 1,496 13 4 Total amount apportioned - £4,490 Note : — The names of the creditors [or, legatees] are to be stated in the same order as in the former certificate from which they are taken. For the above Form and note, See Judges' Beg., Form 12, in Bloxam, 27, 51 ; Morgan, 721 ; And see note to Form 193. 195. Certificate of apportionment. ( Title as in order.) In pursuance of the directions given to me by the Master of the Rolls [Or, Vice-chancellor ], I hereby certify that the result of the I 195. APPORTIONMENT AMONS CKEDITOES OR LEGATEES. apportionment which has been made in pursuance of the order made in this cause, dated the day of , 1 86 — , is as folio vrs : — The plaintiflFs and defendants have attended by their respective solicitors. The sum of ^6(4, 490), being the residue of the money arisen by the sale of the £(5,000) bank £3 per cent, aunuities thereby directed to he sold, and of the interest which accrued on the said annuities on the last, after deducting the sura of 2g( 180), certified by the taxing master to be the amount of the costs by the said order directed to be paid thereout, is apportioned rateably between the creditors [Or, legatees] named in the (first) schedule to my certificate, dated , 186 — , as set forth in the schedule hereto; The names of such creditors [ Or, legatees] are set forth in the first column, and the amounts so apportioned to them respectively are set forth in the fifth column of such schedule, opposite their respective names. The schedule before referred to. Names of creditors, [or, leguceesj AmoimtK b.>rore c rtified to be due, and subsequent interest Totals due Amounts apportioned For the particulars. See Form 194. Dated (^c, Form 185). Note : — For summons to take opinion of Judge on, or to vary certificate. See Forms. 187, 8. And as to dispensing -urith Judge's approval to a certificate of apportionment, See 35 C. O. rr. 45, 56, in Appendix A; Morgan, 539, 542; Seton, 144; And see note to Form 193. 196. PAET VI. PEOCEEDINGS IN MORTGAGE SUITS AFTER THE HEARING. 196. Decree for successive redemptions and foreclosures— first mortgagee against the second, and the mortgagor. 1. It is ordered that the following accountCa) be taken : 1. An account of what is due to the plaintiff for principal and in- terest on his mortgage in the pleadings mentioned, and for his costs of this suit, to be taxed by the taxing master ; If plaintiff is in possession, add : — 2. An account of the rents and profits of the hereditaments com- prised in the said mortgage, received by the plaintiff, or by any person or persons by his order or for his use, or which without his wilful default might have been so received ; And it is ordered that what shall appear to be due on such account of rents and profits be deducted from •what shall appear to be due to the plaintiff for principal, interest, and costs as aforesaid ; And upon the defendant C. D. (second mortgagee) paying to the plaintiff what shall be certified to be \_0r, to remain] due to him for principal, interest, and costs (after such deduction) within six calendar months after the date of the chief clerji's certificate, at such time and place as shall be thereby appointed, It is ordered that the plaintiff re- convey \^0r, resurrender — Or, reassign] the hereditaments comprised in the said mortgage, free and clear of and from all incumbrances done by him, or any persons claiming by, from, or under him, and deliver up upon oath all deeds and writings in his custody or power relating thereto, to the defendant C. D., or to whom he shall appoint ; But in default of the defendant C. D. paying to the plaintiff what shall be certified to be due to him for such principal, interest, and costs as aforesaid, by the time aforesaid, the defendant C. D. is from thence- forth to stand absolutely debarred and foreclosed of and from, all equity of redemption of, in, and to the said mortgaged hereditaments ; II. And in case of such foreclosure. It is ordered that the plaintiff's subsequent interest be computed, and that his subsequent costs of this cause be taxed {If in possession, add, and that the account of the rents and profits of the mortgaged hereditaments be carried on, and that the amount due in respect thereof be deducted from the amount which shall appear to be due to the plaintiff as aforesaid^) ; 196. PROCEEDINGS IN MOETGfAGE SUITS. And upon the defendant E. F. (mortgagor) paying to the plaintiff what shall be certified to be \_0r, to remain] due to him for principal, interest, and costs, together with such subsequent interest and costs as aforesaid (after such deduction as aforesaid), within three calendar months after the date of the chief clerk's certificate thereof, at such time and place as shall be thereby appointed, It is ordered that the plaintifi^ reconvey, Sfc, the mortgaged hereditaments, free and clear (Sjc, as above), and deliver up {8fc., as above) to the defendant E. F., or as he shall appoint ; But in default of the defendant E. F. paying to the plaintiiF what shall be certified to be due to him for such principal, interest, and costs as aforesaid, by the time aforesaid, the defendant E. F. is from thence- forth to stand absolutely debarred (S^e., as above). III. But in case the defendant C. D. shall redeem the said mortgaged hereditaments, It is ordered that subsequent interest be computed on what the defendant C. D. shall have so paid to the plaintiff, and that an account be taken of what is due to the defendant C. D. for principal and interest on his mortgage in the pleadings mentioned, and for his costs of this cause, to be taxed by the taxing master ; And upon the defendant E. F. paying to the defendant C. D. what he shall have so paid to the plaintiff, together with what shall be certi- fied to be due to him in respect of such subsequent interest thereon as aforesaid, and also what shall be certified to be due to the defendant C. D. for principal and interest on his said mortgage and for his costs as aforesaid, within three calendar months after the date of the chief clerk's certificate thereof, at such time and place as shall be thereby appointed, the defendant C. D. re-convey, ^c, the mortgaged heredita- ments free and clear {Sfc, as above), and deliver up (^c, as above) to the defendant E. F., or as he shall appoint ; But in default of the defendant E. F. paying to the defendant C. D. what shall be so certified to be due by the time aforesaid, the defendant E. F. is from thenceforth to stand absolutely debarred (Sfc, as above). Note :— The above form is adapted from Seton, 366, 391, 431. For certificate verifying copy decree — ^note of solicitors' names — and summons to proceed, See Forms 118-120. As to the proper and necessary parties to mortgage suits, See Fisher, iv, 187-226; 2 Spenee, 694-708 ; 1 Smith, 351-8 ; Daniell, 193-8 ; And as to the procedure gene- rally therein, See 15 & 16 V. c. 86, s. 48, and 21 C. O. r. 6, in Morgan, 204, 453 j 1 Smith, 775-91; Seton, 1347-51, 76-9 ; Daniell, 773-6 ; Tripp, 9-11, 52 ; Ayck- bourn, 238-42. ' For a full collection of precedents of decrees and orders in mortgage suits, with practical notes thereon, See Seton, xx, 267-70, 364-484, 1347-51, 76-9; And for various special directions, accounts, and inquiries. See Id. 396-401 ; And see Fisher, 671-90. As to a sale, instead of a foreclosure, under 15 & 16 V. u. 86, s. 48, in Morgan, 204, See Seton, 365, 9; 1 Smith, 786; Foster v. Harvey, 11 W. R. 899. PBOCEEDINGS IN MOETGAGE SUITS. 197. As to opening a foreclosure, See Seton, 394-5 ; Fisher, 606. As to priority and tacking, See Fisher, 341-468 ; Seton, 432-8. As to successive redemptions and foreclosures, See Seton, 439-42, 477, 8. As to the equitahle remedies of judgment creditors, See Seton, 456-61 ; Fisher, 123. As to accounts between mortgagor and mortgagee, and who are bound thereby — and against a mortgagee in possessiou, and herein of allowances to him, and the mode of charging him, and of taking his account with rests. See Fisher, 469-508 ; Seton, 371-3, 82-S, 399-401. As to accounts of interest on mortgage debts — who are bound to pay, and entitled to receive interest — conversion of interest into principal — computing subsequent interest — setting off arrears of interest — and the right to interest under the statutes of limitations. See Fisher, 509i-55, 720-3 j Seton, 573-6 ; Sugd. Stat. 146. As to accounts of costs, and herein of the general right of a mortgagee to costs — and to charges and expenses disbursed — adding costs to the debt after decree— and the liability of the mortgagee to pay costs of unnecessary parties, See Fisher, 554- 85, 702-5 ; Seton, 376-82. For precedents of agreements for a mortgage. See 2 Davidson, 78, 94 ; And of mortgage deeds, Id. xxi, 727-1088. And as to the law of mortgage in general. See Fisher, 691-770 ; 2 Davidson, 497-726; 2 Spence, 613-847, 979-81; Seton, 267-70, 364-484, 1347-51, 76-9; Sugd. Stat 481 ; Sugd. Pow. 881, 2 ; Sugd. V. & P. 857 ; Smith Pis. 778 ; Lewin, 759-60; W. P. R. P. 382-98, 468-9 ; Smith's Comp. 340-376, 1113-4 ; Add. Cont. 1114-5; Lewis Pis. 487-9 ; 1 L. C. Eq. 778 ; 2 Id. 857-94, 948-51 ; Woodfall, 1086; And see 23 & 24 V. c. 145, ss. 11-24, 32-5, in Morgan, 312-9, 20; Sugd. Stat. 304-7; Sugd. Pow. 877, 81-3 ; And see note to Form 301. 197, Affidavit of amount due to mortgagee not in possession. In Chancery. ( Title.) I, A. B., of (address and addition), the above-named plaintiflf", make oath and say as follows : — 1. There is now due to me on the indenture of mortgage dated the day of , 18 — , in the pleadings of this cause mentioned (or as may be, according to the decree directing the account), and now pro- duced and shown to me and marked A., the sum of £ a. for principal, and the sum of £ b. for interest thereon (less property tax), at the rate of £ per cent, per annum, from the day of -, 186—, to the day of , 186—, making together the sum of £ c. 198. PROCEEDINGS IN MORTGAGE SUITS. 2. I have not, nor hath nor have any person or persona by my order or for my use, to my knowledge or belief, received any security or satisfaction whatsoever for the said sums of £ a. and £ b., or either of them, or any part thereof respectively, other than and except the said indenture {or as may be). Sworn {Sfc,, Form 16). Note :— See Form 15 ; As to interest on mortgage debts, See note to Form 196. 198. Affidavit by mortgagee in possession of amount due to Mm, and verifying account of rents. {Commence as in Form 197.) 1. I have in the account marked A., now produced and shown to me, set forth, according to the best of my knowledge, information, and belief, a full, true, and particular account of all sum and sums of money which have accrued or become due to me for principal and interest (and for costs) on the indenture of mortgage dated the day of , 18 — , in the pleadings of this cause mentioned {or as may be, according, to the decree directing the account), and now produced and shown to me and marked C, and the times when the same so accrued or became due ; and also a like account of all sums and sum of money which have come to my hands, or to the hands ol any person or persons by my order or for my use, in respect or on account of, or which otherwise have been appropriated in payment or reduction of, the said sums of principal and interest (and costs), or any of them, and the times when, the names of the persons from whom, and the purposes for which the same have been so received or appropriated. 2. I have in the account marked B , now produced and shown to me, set forth, according to the best of my knowledge, information, and belief, a full, true, and particular account of all the rents and profits of the hereditaments comprised in the said indenture of mortgage {or as may be, according to the decree directing the account), 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, in respect of whut part of the said mortgaged heredit- aments the 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 mortgag^d heredita- ments, 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. 3. Save and except as appears in the said account marked B., I have not, nor hath nor have any person or persons by my order or for my PROCEEDINGS IN MORTGAGE StTITS. 199. ^at'i h!!.!'.^^ ' t"'^'^' *"■ ^°* '° ''"y '■"'^*^ °'" profits of the saidmort- f.5n, f »^"^ t^V'Ifts. nor any money in respect thereof; and the said account marked B. does not contain any item of disbursement, payment, or allowance, other than such as has actually been disbursed, paid, or allowed, as above stated. > r > ^v^vT''^''® is now due to me on the said indenture of mortgage, for tHe balance of the said accounts marked A. and B., the sum of £ i. 5. I have not, nor hath nor have any person or persons by my order or tor my use, to my knowledge or belief, received any security or satistaction for the said sums of principal and interest Cand costs), or.any ; ot them, or any part thereof respectively, or for the said sum of £ i. or any part thereof, other than and except the said indenture of mortgaee ' {or as may be). . " ° . Sworn (^c, Form 16). Note.— See Form 15; For the form of an account of rents and profits, See Form 180. As to the principles on which mortgage accounts should be made out and taken. See note to Form 196. 199. Sketch of an acconiit — with annual rests— of a mortgagee in possession. In Chancery. {Short title.) Account of the plaintiff of the amount due to him on his mortgage security in the pleadings mentioned. Principal money due to the plaintiff on his said security this day, when he entered into possession of the mori hereditaments Amount of rents received by the plaintiff from 29 Sept. 1857 to this day . . . Disbursements by the plaintiff on account of the said hereditaments to this day One year's interest (less property tax) on ifeOO, at £5 per cent, per annum, due this day Excess of receipts Balance remaining due on 29th Sept. 1858 s. d 17 6 29 2 6 £ s. d. 230 80 £ s. d. 600 150 4.50 [Continued. 200, PROCEEDINGS IN MOKTGAGE SUITS. 1859. Sept. 29. 1862. Sept 29. Broujrht over Further amount of rents received by the plaintiff to this day Further disbursements by the plaintiff to this day One year's interest (less property tax) on £450, due this day .... Excess of receipts Balance remaining due on 29th Sept. 1859 £ s. d. 60 19 5 22 7 £ s. d. 240 83 Note : — The defendant, the mortgagor, resumed pos- session of the mortgaged hereditaments on 30th Sept. 1859, and retained possession till 30th Sept. 1861, when plaintiff re-entered. 30 14 Further amount of rents received by the plaintiff from 30 Sept 1861 to this day .... Further disbursements by the plaintiff to this day Three years' interest (less pro- perty tax) on j£293, due this day 1862. March 18. Received of the defendant on account ;£43 6 20 Excess of receipts Balance due to plaintiff on 29th Sept 1862 23 6 100 54 £ s. d. 450 157 293 46 247 Note : — See note to Form 196. 200. Certificate of amount due to first mortgagee (in possession). {Commence as in Form 185.) The plaintiflF and defendants have attended by their respective solicitors. There is due to the plaintifi" the sum of £ a. for principal, and the sum of £ b. for interest (less property tax) calculated to the date of this cer- tificate, on his mortgage in the pleadings mentioned, and making together the sum of £ c, and which sum oi £ c. being added to the sum of £ A., certified by the taxing master to be the amount of the plainti£F's costs of this cause, they amount together to the sum of £ e. PROCEEDINGS IN MORTGAGE SUITS. 201. The evidence proJuced hereon consists of the affidavit of the plaintiflF filed the 186—, and the exhibits A. B. and C. therein referred to, and the taxing master's certificate dated 186 — . If an account of rents has been directed, add: — 2. The plaintifiF has received rents and profits of the hereditaments comprised in the said mortgage to the amount of £ f., and he has paid, or is entitled to be allowed, on account thereof sums to the amount of £ g., leaving a balance due from him of £ h. on that account, and which sum of £ h. being deducted from the said sum of £ e., leaves a balance due to the plaintiff of £i. The particulars of the above receipts and payments appear in the account marked B., verified by the affidavit of the plaintiff filed the day of , 186 — , and which account is to be filed with this certificate (if any surcharge or additional disbursements be allowed, state same as in Form 185, par. 1). There will be due to the said plaintiff on the day of — — next, being six months after the date of this certificate, the sum of £ k. for further interest (less property tax) at the rate of £ — per cent, per annum, on the said principal sum of £ a., and which sura oi £ k. being added to the said sum o( £ e. [_0r, £ i.], they amount together to the sum of £ 1. The said day of next, between the hours of twelve and one of the clock in the afternoon, and the Chapel of the Rolls, in the Eolls' Yard, Chancery Lane, London, are named as the time and place at which the defendant G. D. is to pay the said sum of £ 1. to the plaintiff. Dated (^c. Form 185). Note : — For summonses to settle — to take opinion of Judge — and to vary certificate. See Forms 186-8. And see note to form 196. 201. Smnmons for an extension of time to redeem. ( Commence as in Form 7), on the hearing of an application on the part of the defendant C. D., that upon the applicant paying to the plaintiff his costs of this application, to be taxed by the taxing master, and upon the applicant paying to the plaintiff on or before the day of , 186 , (time fixed- for redeeming by chief clerKs certificate. See Form 200), the sum of £ certified to be due to the plaintiff for interest on his mortgage in the pleadings mentioned and for his costs of this suit, the time for the defendant C. D. to redeem the hereditaments comprised in the said mortgage may be enlarged for (six calendar months) ; And that upon such payment being made, the plaintiff's subsequent interest may be computed, and his subsequent costs of this cause be taxed by the taxing master (If account of rents directed by the decree, 202-203. PE0CEEDIN6S IN MORTGAGE SUITS. add, and that the account directed by the said decree of the rents and profits of the mortgaged hereditaments may be carried on, and the amount due in respect thereof be deducted from the amount which shall appear to be due to the plaintiff as aforesaid) ; And that a new time and place may be appointed for payment of what shall be certified to remain due to the plaintiff in respect of his said mortgage, and for subsequent interest and costs as aforesaid (after such deduction as aforesaid). Dated {Spc, Form 7). Note: — For the above form, See Seton, 390 ; The order, See Id., will direct that. Id default of payment, the applicant be absolutely foreclosed. As to when, and the terms on which, the court will enlarge the time to redeem, or open a foreclosure, and the mode of applying. See Fisher, 606-16 ; Seton, 390-4 ; 1 Smith, 782; Ayckbourn, 241. 202. Summons to appoint a new time for payment, where mortgagee has failed to attend. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the time fixed by the chief clerk's certificate dated the day of , 186 — , for the defendant C. D. to redeem the mortgaged hereditaments in the decree dated the day of , 186 — , mentioned, may be enlarged till the day of next ; And that the defendant C D. may attend on that day at the Chapel of the Rolls, Sfc, between the hours of twelve and one o'clock in the afternoon, and pay to the plaintiff the sum of £ , by tlie said chief clerk's certificate certified to be due to him. Dated (Sfc, Form 7). Note: — For the above form, See Seton, 391; And for the procedure. See Id., 1 Smith, 783. As to the course to be pursued where plaintiff receives rents between the certificate and the time fixed for redeeming, See 1 Smith, 783 ; Fisher, 611 ; Seton, 393. 203. Power of attorney to attend and receive redemption money. To all to whom tliese presents shall come ; I A. B., of {^address and addition), send greeting; Whereas the chief clerk of his honor the Master of the Eolls [Or, Viee-Chanoellor ], by his certificate dated the day of , 186 — , and filed the r ^^Y of > 186 — , in a certain cause then and now pending in the high court of chancery, wherein I am plaintiff, and C. D. and E. F. are defendants and made in pursuance of the decree [Or, order] therein, dated the day of , 186—, has certified that there is due to me, the plaintiff in the said cause, the sum of £e. [Or, £ i.] ; and that there will be due to me on the day of , the sum of £ k. for further interest on the principal sum of £ a. therein mentioned, which PROCEEDINGS IN MOKTaAGE SUITS. 204. oeing added to the said sum of £ e. [^Or, £i.'], they amount together to the sum of £ 1. ; And the day of next, between the hours of twelve and one of the clock in the afternoon, and the Chapel of the Rolls, in the Rolls Yard, Chancery Lane, London, are named in the said certificate as the time and place at which the defendant C. D. is to pay the said sum of £ 1. to me the plaintiff (or as may be directed by the certificate) ; Now linow ye. that I the said A. B. do, by these presents, constitute and appoint G. H., of {address and addition), and I. K., of {address and addition), and each of them, my true and lawful attornies and attorney, for me, iii my name, and for my use, to ask, demand, and receive of and from the said defendant C. D., the said sum of £ 1. in the said chief clerk's certificate mentioned; and upon payment of the said sum of £ 1., or any part thereof^ for me and in my name, to give, sign, seal, and deliver receipts, acquittances, and discharges for the same, and generally to do and transact any other act, matter, or thing, for ob- taining and receiving the said sum o^ £ 1. for my use, as fully as I my- self could do if personally present ; And I hereby ratify and confirm, and agree to ratify and confirm, whatsoever my said attornies, or either of them, may do or cause to be done in or about the premises by virtue of these presents ; In witness whereof I have hereunto set my hand and seal this day of , 186 — . A.B. Signed, sealed, and delivered by thel above '[Or, within] named A. B. J- f in the presence of J L. M., of {address and addition). Note: — See Fisher, 658 ; 1 Smith, 781 ; Ayckbourn, 241 ; And Form 204. As to the proof of handwriting of grantor of a power, executed abroad. See Jearrad V. Tracey, 11 W. R. 97 ; 17 and 18 V. c. 125, s. 26 ; And see as to death of grantor, 22 and 23 V. c. 35, s. 26, in Morgan, 288. 204. Affidavit by mortgagee of personal attendance and non- payment. In Chancery. {Title.) I, A. B., of {address and addition), the above-named plaintifi^, make oath and say as follows : — 1. On the day of , 186 — , I attended in person at the Chapel of the Rolls, in the Rolls Yard, Chancery Lane, London, from before the hour of twelve o'clock until after the hour of one o'clock in the afternoon, being the time and place named in the chief clerk's certifi- 205, PROCEEDINGS IN MORTGAGE SUITS. cate in this cause, dated the day of , 186 — , in order to receive from the above-named defendant C. D. the sum of £ 1., in the said chief clerk's certificate mentioned, and which sum the said defendant C. D., according to the tenor of the said certificate, was to pay to me at the time and place aforesaid. 2. The said defendant C. D. did not, nor did any person or persons on his account or on his behalf, attend at the time and place aforesaid, and pay or tender to me the said sum of £ 1., or any part thereof, nor has the said defendant C. D., or any person or persons on his behalf, at any time paid or tendered to me the said sum of j£ 1., or any part thereof. If an account was directed hy the decree of rents received hy plaintiff, negative any receipt subsequent to the certificate, as: — 3. Save and except as appears in the said chief clerk's certificate, and the account marked B. therein referred to, I have not, nor hath nor have any person or persons by my order or for my use, possessed, received, or got in any rents or profits of the mortgaged hereditaments in the said chief clei'k's certificate mentioned, nor any money in respect thereof. 4. The whole of the said sum of £ 1. still__'remains justly due and owing to me. Sworn {Sfc, Form 16). Note: — See Form 15 ; As to the duration of the attendance, See Lechmere v. Clamp, 11 W. R. 83 ; Fisher, 603 ; Seton, 393. As to getting a new time appointed where mortgagee fails to attend. See Form 202. For the procedure to obtain the order of foreclosure ahsolate, See Fisher, 658-60 j 1 Smith, 7814 Ayckboum, 241 ; And Seton, 393, 4, where the order is given. 205. Affidavit by mortgagee and Ms attorney of attendance and non-payment. In Chancery. {Title.) We, G. H., of (address and addition), and A. B. of ^c, the above- named plaintiflT, severally make oath and say; And first, I the said G. H. for myself say, as follows: — 1. Under and by virtue of the power of attorney marked A. bearing date the day of , 186 — , executed by the above-named plain- tiff A. B., and now produced and shown to me, I did on the day of , 186 — , as the attorney [Or, one of the attornies] named in the said power, attend at the Chapel {Sfc, continue as in paragraphs 1 and 2 of Form 204, substituting to the said plaintiff _/br to me, in paragraph 1 only). PROCEEDINGS IN MOKTGAGE SUITS. 206. And I the said A. B. for myself say, as follows: — 3. The above-named defendant C. D. has not, nor has nor have any person or persons on his account or on his behalf, paid or tendered to me the sum of sS L in the chief clerk's certificate in this cause dated the day of , 186 — , mentioned, and by the tenor thereof pay- able to me by the said defendant C. D., or any part thereof. 4. Add paragraphs 3 and 4 — or paragraph 4, as the case may be — of Form 204. 5. The signature " " set and subscribed to the power of attorney, marked A., hereinbefore mentioned, and now produced and shown to me, is my proper handwriting. Sworn {Sfc, Form 16). Note: — See Eorm 15; It seems advisable — if not essential — to make an exhibit of the power to this affidavit. For form of power, see Form 203 ; And as to the attendance under a power, See notes to Forms 203, 4. 206. Certificate of amount due to second mortgagee redeeming the first. {Commence as in Form 185.) The defendants C. D. and E. F. have attended by their respective solicitors. The defendant C. D. having redeemed the mortgaged hereditaments in the said decree [Or, order] mentioned, by paying to the plaintifi^ A. B. the sum of £ 1. in my certificate dated the day of , 186 , mentioned, there is due to the defendant C. D. the sum of £ m. for interest (less property tax) at £{5) per cent, per annum on the said sum of £\., from the day of , 186 — , to the date of this certificate. There is also due to the defendant C. D. on his mortgage in the plaintiff's bill mentioned, the sum of £ n. for principal, and the sum of £ o. for interest thereon (less property tax) at the rate of £5 per cent. per annum from the day of , 186 — , to the date o£ this certificate, and making together the sum of £ p., and which sum of £ p. being added to (the sum of £ q., certified by the taxing master to be the amount of the costs of the defendant C. D. of this cause, and to) the said sums of £ 1. and £m., they amount together to the sum of £r. [ Or, if costs waived, say, The defendant C. D. has waived all claim to his costs of this cause]. The evidence produced hereon consists of the aflBdavit of the defendant C. D., filed the 186 — , and the exhibits D. and 206. PROCEEDINGS IN MORTGAGE SUITS. E. therein referred to (and of the taxing master's certificate filed the 186—). There will be due to the defendant C. D. on the day of next, being three months after the date of this certificate, the sum of £ s. for subsequent interest (less property tax) at the rate aforesaid on the said principal sums of £1. and Jn., and which sum of £s. being added to the said sum of ^ r., they amount together to the sum of £ t. - The said day of next, between the hours {jSfc., as in Form 200), at which the defendant E. F. is to pay the said sum of £ t. to the defendant C. D. Dated (^-c, Form 185). Note: — See Clause III. in Form 196. For suinmoDses to settle — to take opinion of Judge — and to vary the certificate, See Forms 186-S. As to successive redemptions and foreclosures, and the computation of subsequent interest, See Seton, 439-42, 477, 8 ; Fisher, 586-8, 671-4. For affidarit of amount due to a mortgagee — affidavit of attendance in person, or by attorney, to receive, and of nonpayment — and power of attorney to receive, See Forms 197, 203-5. As to the order of foreclosure absolute. See note to Form 204. 207-208. VAM YII. PROCEEDINGS IN PARTITION SUITS AFTER THE HEARING. 207. Decree for a partition— to be made in chambers. It i§ ordered that a partition into moieties of the hereditaments in the pleadings mentioned be made by the Judge in chambers ; And it is ordered that one moiety thereof be allotted as the share of the plaintiff, and the other moiety thereof be allotted as the share of the defendant ; And it is ordered that the plaintiff and defendant hold and enjoy their respective moieties in severalty, according to such allotments, and execute mutual conveyances to each other, according to their respec- tive interests therein, such conveyances to be settled by the Judge, in case the parties differ ; Liberty to apply. Note : — For the above form, See Seton, 572. For certificate verifying copy decree — note of solicitors' names — and summons to proceed, See Forms 1 18-20. For letter of instructions to a surveyor, and affidavit verifying his report, See Forms 23, 4. For a fill! collection of decrees and orders in partition suits, See Seton, 571-92, 803-4, 1381-2; And for practical notes as to the right to partition — metes and bounds — rents — ^conveyances — vesting the estates of incapable parties— title deeds — and costs. See Id. 574-8, 803, 1381-2. For precedents of agreements for a partition. See 2 Davidson, 70, 75. As to the jurisdiction of the court to direct a sale in a partition suit, See Thaclceray- V. Parker, 1 1 W. R. 567 ; Davis v. Turvey, Id. 679. As to the law of partition generally, and the procedure in suits relating thereto. See Id. J 2 L. C. Eq. 374-94-403, 954, 5 j Smith Pis. 210-16, 467 ! Sugd. Pow. 983 j Sngd. Stat. 274, 5; Sugd. V. & P. 861 i Smith's Comp. 630 i W. P. R. P. 469 ; 1 Smith, 755-64 ; Daniel], 863-76 i Ayckbourn, 230-4 j Braithwaite, 233-9. 208. Certificate of partition thereunder. {Commence as in Form 185.) The plaintiff and defendant have attended by their respective solicitors. 208. PROCEEDINGS IN PARTITION SUITS. The hereditaments in the pleadings mentioned have been partitioned into moieties between the plaintiff and defendant, as directed by the said decree, and the particulars of the hereditaments so partitioned are set forth in the schedule hereto. The moiety of the said hereditaments allotted as the share' of the plaintiff is set forth in the first part of the said schedule. The moiety of the said hereditaments allotted as the share of the' defendant is set forth in the second part of the said schedule. The evidence produced hereon consists of an affidavit of A. B., filed the day of——, 186 — , and an affidavit of C. D., filed the day of , 186 — , and the exhibits A. and B. therein referred to. Mutual conveyances of the said respective moieties have been settled and approved, consisting of an indenture to be made between the defendant C. D., {S^c, state whom), and of an indenture to be made between the plaintiff A. B. {S^c, state whom'), and which indentures respectively are identified by my signature in the margins thereof. The evidence produced hereon consists of an affidavit of G. H., filed the day of , 186 — , and the exhibits A. B. and C. therein referred to. The Schedule above referred to. First part : — Hereditaments allotted as the share of the plaintiff. Second part : — Hereditaments allotted as the share of the defendant. Dated {^c, Form 185). Note : — For summonses to settle— take opinion of Judge — and vary certificate; See Forms 186-8 ; For affidavit verifying engrossment, See Form 375 ; And for recitals of order and certificate, See Form 445. As to the nomination of commissioners of partition, where the parties cannot agree. See Seton, 582 ; Howard v. Barnwell, 2 N. R. 414. And see note to Form 207. 209. PART YIII. PEOCEEDINGS IN PARTNERSHIP SUITS AETER THE HEARING. 209. Decree for dissolution of a medical partnership — accounts — receiver. It is ordered that the partnership between the plaintiff and the defendant, in the plaintiff's bill mentioned, be dissolved as from this day ; And that notice of such dissolution be signed by the plaintiff and defendant, and be forthwith advertised in the london gazette ; And it is ordered that it be referred to the taxing master to tax both parties their costs of this suit, including the costs of taking the accounts hereinafter directed, and consequent thereon, as between solicitor and client, and that such costs be paid out of the partnership assets ; And it is ordered that the following accounts be taken, that is to say: — 1. An account of the dealings and transactions between the plaintiff and the defendant, as such copartners as in the plaintiff's bill mentioned, from the foot of the last settled account between them ; 2. An account of the credits, property, and effects now due and belonging to the said copartnership ; And it is ordered that such property and effqcts be sold, or be taken by the plaintiff at a valuation, with the approbation of the Judge ; But in taking the said accounts no settled account between the copartners is to be disturbed ; yet either party is to be at liberty to surcharge and falsify the same ; And in taking the said accounts any partnership liabilities due to or paid by either party are to be allowed him, includ- ing his costs of suit when taxed ; And it is ordered that two lists of the patients of the copartnership be prepared, the one containing the names of those patients on whom the plaintiff has attended, and the other containing the names of those patients on whom the defendant has attended, such lists to be settled by the Judge in case the parties differ ; And it is ordered that each party be at liberty to debit himself with the accounts of those patients whose names shall appear in the list of the patients on whom he has attended, or any of them, and to take any debt of a doubtful character due to the copartnership at a valuation to K 209. PROCEEDINGS IS PARTNEKSHIP SUITS. be agreed on by the parties, or settled by the said Judge if the parties differ ; And it is ordered that what upon taking the said accounts shall be certified to be due from either of the said parties to the other of them be paid, within fourteen days from the date of the chief clerk's certifi- cate, by the party from whom to the party to whom the same shall be certified to be due ; And it is ordered that a receiver be appointed of the outstanding debts and effects of the said late partnership ; and each of them the said plaintiff and defendant is to be at liberty to propose himself to be appointed such receiver, without salary ; And it is ordered that the plaintiff and defendant do deliver over to such person so to be appointed receiver, all securities in their or his hands for such outstanding debts and effects, together with all books and papers relating thereto ; And in case there shall be occasion to put any of the debts in suit for the recovery thereof, the same is to be done with the approbation of the Judge ; And such person or party so to be appointed receiver is to make use of the names of the plaintiff and defendant, or eif^ier of them, for that purpose, who is to be indem- nified therein out of such estate and effects ; And it is ordered that the person or party so to be appointed receiver do from time to time pass his accounts, and pay the balances to be re- ported duefrom him into the bank, with the privity of the accountant- general, to the credit of this cause, subject to the further order of this court ; And it is ordered that the copartnership interest in the premises situate at be determined as from the 12th instant ; and that the plaintiff do have immediate possession of the same for his own use and benefit ; And it is ordered that if necessary the defendant do execute a proper assignment or other assurance thereof to the plaintiff or his assigns, as he may direct, to be settled by the Judge in case the parties differ. — Further consideration adjourned. — Liberty to apply. Note: — For certificate verifying copy decree — note of solicitors' names — and summons to proceed, See Forms 118-20. For a collection of decrees and orders in suits as to private partnerships, Tpith practical notes, See Seton, 540-61, 1382-4. For the law of privaje partnership, and the procedure in suits in equity relating thereto, See Id.; Lindley, vii-xxi, 1173-1257; Id. Sup. 1-180 ;L.C. Merc. 279-303 — 46-61, 861-74; Add. Cent. 635-68, 1116; Smith Pis. 725-32, 80; 1 Smith, 319,21; Daniell, 231. As to the principle on which the accounts should he taken under a partnership decree, See Watney v. "Wells, 11 W. R. 228, 1 N. K. 82 ; Hill v. King, Id. 161 ; Coventry v. Barclay, 2 N. E. 375. As to the sale of a partnership business as a going concern, See Hall v. Barrows, 1 N. R. 543. PEOCEEDINGS IN PARTNEKSHIP StjlTS. 210. 210. Chief clerk's certificate of result of the accounts. {Commence as in Form 185.) 1. I have taken an account of the dealings and transactions between the plaintiff and the defendant as such copartners as in the plaintiff's bill mentioned, from the day of 186 — , the foot of the last settled account between them, down to the day of 186 — . The plaintiff has received on account of such dealings and transac- tions several sums of money, amounting in the whole to £a. ; and he has paid, or is entitled to be allowed, on account thereof, sums to the amount, of Mh., leaving a balance in his hands of £ c. on that account. The defendant has received on account of such dealings and transac- tions several sums of money, amounting in the whole to £ d.; and he has paid, or is entitled to be» allowed, on account thereof, sums to the amount of £ e., leaving a balance in his hands of £ f. on that account. The said sums of £ c. and £ f. amount together to the sum of £ g., and such sum oi£g. is divisible between the plaintiff and defendant in respect of the profits of the said partnership dealings and transactions in the following proportions, that is to say : — ^the plaintiff is entitled to the sum of £ h., being two-third parts thereof, and the defendant is entitled to the sura of £\., being the remaining third part thereof; The said sum of iSf. being deducted from the said sum oi £\., there remains a balance of £ k. due to the defendant in respect of his share of the said profits ; The said sum of £ k. is payable to the defendant by the plaintiff out of the said balance of £c. in the hands of the plaintiff, leaving in the hands of the plaintiff the said sum of £ h., to which he is entitled as aforesaid. The particulars of the said dealings and transactions, so far as they relate to the receipts and payments by the plaintiff, appear in the account marked A., verified by the affidavit of the plaintiff filed the day of 186 — , and which account is to be filed with this certificate ; except that, in addition to the sums appearing in such account to have been received, the plaintiff is charged with the sums of £ 1. and £ n., making together the sum of £ o., wherewith he has con- sented to be debited as hereinafter mentioned. The particulars of the said dealings and transactions, so for as they; relate to the receipts and payments by the defendant, appear in the account marked B., verified by the afiidavit of the defendant filed the! day of 186 — , and by the account marked C., verified by the' further affidavit of the defendant filed the day of 186 — , j and which accounts are to be filed with this certificate ; except that, in ! addition to the sums appearing in such accounts to have been received, i the defendant is charged with the sum of £ m., wherewith he has con- j sented to be debited as hereinafter mentioned. The evidence produced on this account consists of the said affidavit of the plaintiff, and the said account marked A. therein: K 2 210. PROCEEDINGS IN PAETNEKSHIP STTITS. referred to ; and of the said affidavits of the defendant, and the said accounts marked B. and C. therein respectively referred to. 2. The credits, property, and effects now due and belonging to the said copartnership consist of the particulars set forth in the schedule hereto, being debts due from the patients of the said partnership. The plaintiff has agreed to debit himself with the sum of £1., the total amount of such of the said debts as are specified in the first part of the said schedule, being the accounts of patients whose names appear in the list, prepared, as directed by the said decree, of the patients on whom he has attended. The defendant has agreed to debit himself with the sum of £ m., the total amount of such of the said debts as are specified in the second part of the said schedule, and being the accounts of patients whose names appear in the list, prepared as aforesaid, of patients on whom he has attended. The plaintiff, by consent of the defendant, has also agreed to take at the value or sum of £ n. such of the other debts due as aforesaid to the copartnership as are specified in the third part of the said schedule, and amounting to the sum of £ p. The plaintiff is charged with the said sums of £ 1. and £ n., making together the sum of £ o., and the defendant is charged with the said sum of £ m,, in the manner hereinbefore stated. The evidence produced on this account consists of the said affidavits of the plaintiff and defendant. The schedule before referred to. Names of patients Amounts doe First part : — Accounts debited to the plaintiff. E. F. - G. H. Total of first part - - -£ Second part :— Accounts debited to the defendant. I. K. - . L. M. - - - Total of second part - - £ Third part : — Accounts taken by the plaintiff at the sum of £ n. N. 0. - - P. R. - - - - . - . - Total of third part - - -£ 5 4 10 1 15 5 3 9 4 1 8 7 10 8 8 3 2 1 2 3 9 5 5 Dated (^-c, Form 185). Note : — For summonses to settle — take opinion of Judge— and vary certificate See Forms 186-8. 211. PART IX. PEOCEEDINGS IN SUITS FOE SPECIFIC PEEFOEMANCE AFTEE THE HEAEING. 211. Decree for specific performance, and inquiry as to title — vendor against purchaser. His Honor [Or, This Court] doth declare that the agreement in the pleadings mentioned, bearing date the day of , 185 — , ought to be specifically performed and carried into execution, in case a good title can be made to the hereditaments comprised in the said agreement ; And it is ordered that an enquiry be made whether a good title can be made to the said hereditaments ; And it is ordered that the taxing master do tax the plaintiff his costs of this suit up to the hearing ; And it is ordered that such costs when taxed be paid by the defendant C. D. to the plaintiff A. B. — Further consideration adjourned. — ^Liberty to apply. Note: — For certificate verifying copy decree — note of solicitors' names — and summons to proceed. See Forms 118-20. For a collection of decrees and orders in suits for specific performance, ■with prac- tical notes respecting: inquiry as to title — when title may be made — when title first shown — contract or conditions — time for completion — right to decree — title to 'he shown — interest — rents — fines — rests — deterioration — conveyance — payment — delivery of deeds — costs — and cognate points, See Seton, 593-626, 800-2, 1407-9. For a classification of cases where titles have — upon questions of construction, law, or fact — been considered by courts of equity to be good or bad, or too doubtful to be forced on a purchaser. See Dart, 713 n (c); See also Sugd. V. & P. 384-405 ; 2 L. C. Eq. 413-428, 442-461, 963-7 ; Seton, 601-4, 1407-9. And see generally as to suits for specific performance, and the procedure in rela- tion thereto, Seton, 593-626, 1407-9; Sugd, V. & P. 200-23-42, 874-5; Sugd. Stat. 487; Dart, xxvii-xxx, 633-745; "Woodfall, 894-918 ; Add. Cont. 1079-86, 1124; 1 L. C. Eq. 640-5-53; 1 Smith, 358-60, 770-5; 2 Spcnce, 990; Lewin, 783; Daniell, 765-6 ; Tripp, 132-3 ; Ayckbourn, 234-8; See also post, part xii. 212-214. PEOCEEDINGS IN SPECIFIC PEKFOKMANCE SUITS. 212. Statement of the purcliaser's objections and requisitions on title. In Chancery. {Title.) A statement of (such of) the objections and requisitions taken and made by the defendant to and on the title as deduced to the hereditaments in the decree dated the day of , 186 — , mentioned (as are still insisted on by him). Defendant's objections and requisitions. Plaintiff's answers. Defendant's replies to plaintiff's answers. 1. 2. 3. 1. 2. 3. 1. 2. 3. Note : — See note to Form 211. '^ A. V. B. 213. Reference thereof to the conveyancing counsel. Master of the Eolls [ Or, ' Vice-Chancellor ], at chambers. The Master of the Rolls \_0r, Vice-Chancellbr ] has directed that the opinion of the conveyancing counsel in rotation be procured' upon the objections and requisitions taken and made by the defendant to and on the title to the hereditaments by the decree dated the ■■ day of , 186 — , directed to be inquired into. Dated this day of , 186 — X. Y., Chief Clerk. Note: — See note to Form 211. 214. Chief clerk's certificate of good title. {Commence as in Form 185.) A good title can be made to • the hereditaments comprised in the agreement dated the • day of , 185 — , in the said decree mentioned (Add any qualification, as. Subject to the payment by the plaintiff to the legal personal representative of E. C. deceased, when constituted, of the balance due in respect of the purchase-money agreed to be paid by the plaintiff to the said E. C. for the purchase by the plaintiff of the said hereditaments, under the contract entered into between them dated the day of , 185 — ). The evidence produced on this inquiry consists of the several abstracts of title, the defendant's objections and requisitions PROCEEDINGS IN SPECIFIC PERFORMANCE SUITS. 215-216. thereon, the plaintiffs replies thereto, the affidavit of H. S. filed the day of , 186—, 4-0., Ac. Dated {^c, Form 185.) Note:— For sununonses to setde, and take opinion of Judge on certificate, See Forms 186-7. 215. Summons to vary certificate. {Commence as in Form 7), on the hearing of an application on the part of the defendant, that so much of the certificate of my chief clerk made in this cause dated the day of , 186 — , pursuant to the decree dated the day of , 186—, as states that a good title can be made to the hereditaments comprised in the agreement dated the day of , 186 — , in the said decree mentioned, may be varied in manner following, namely, by stating that a good title cannot be made to the hereditaments comprised in the said agreement. Dated (^-c, Form 7). 216. Order on summons to vary certificate, adjourned for hearing in conrt — and on farther consideration. This court doth not think fit to make any order on the said appli- cation (jto vary the certificate), other than that the defendant C. D. do pay to the plaintifi' A. B. his costs thereof, to be taxed by the taxing master ; And it is ordered that the following accounts be taken, that is to say : — 1. An account of interest at the rate of £-i per cent, per annum on the sum of £ a., the purchase-money of the hereditaments comprised in the said agreement, from the day of , 185 — . 2. An account of the rents and profits of the said hereditaments received by the plaintiff", or by any person or persons by or for his order or use, since the said day of — — , 185 — ; And it is ordered that the taxing master do tax the plaintiff" his costs of this hearing and consequent thereon ; And this court doth not make any order as to the costs of the investigation of the title in chambers ; And it is ordered that what shall be coming on the said" account of rents and profits be deducted from the amount of the said purchase- money and interest, and such last-mentioned costs, when so computed and taxed as aforesaid ; And upon the plaintiff" executing and delivering a proper conveyance of the said premises to the said defendant or to whom he shall appoint, such conveyance to be settled by the Judge In case the parties diff"er. It is ordered that the defendant C. D. do pay to the plaintifi" A. B. what sliall be certified to be due to him after such deduction as afore- said. — ^Liberty to apply. Note: — For summons to proceed, See Form 120. For account of rents and profits, and affidavit verifying same, See Forms 180, 198. 217- rJlOCEEMNGS IN SPECIFIC PEKFOEMANCE SUITS. 217. Chief clerk's eertifieate thereunder. {Commence as in Form 185.) 1. The sum of £ b. is the total amount of interest (less property tax), computed at the rate of s£4 per cent, per annum, on the sum of £ a., the purchase-money of the hereditaments comprised in the agreement in the order dated the day of , 186 — mentioned, from the day of , 185—, to the — — day of 186—. 2. The plaintiff A. B. has since the said day of , 185 — , received rents and profits of the said premises to the amount of ^ c. ; and he has paid or is entitled to be allowed on account thereof sums to the amount of £ d., leaving a balance due from him of £ e. on that account ; The particulars of the above receipts and payments appear in the account marked A., verified by the aflidavit of the plaintiff filed the — r- day of , 186 — , and which account is to be filed with this certificate. The evidence produced on this account consists of the said afiidavit and account. The sum of £ f., certified by the taxing master to be the amount of the costs of the plaintiff by the said order directed to be taxed, being added to the said sums of £ a. and £ b., they amount together to the sum of £ g., from which sum of £ g. being deducted the said balance or sum of £ e., there remains due to the plaintiff from the defendant the sum of £ h. The evidence produced consists of the said affidavit and account, and of the taxing master's certificate filed the day of , 186—. A proper conveyance of the hereditaments In the said order men- tioned to the defendant has been settled, consisting of an indenture to be made between the plaintiff of the one part, and the defendant of the other part, and which indenture is identified by my signature in the margin thereof. The evidence produced consists of the affidavit of T. N. filed the day of , 186 — , and the exhibits marked A. and B. therein referred toi Dated (^■c., Form 185). Note;— For summonses to settle — ^take opinion of Judge — and vary certificate See Forms 186-8. For affidavit verifying engrossment of conveyance, See Form 375 ; And for recitals of the order and certificate. See Form 445. As to the further order, where payment is -withheld, See Seton, 615, As to ante-dating the deed, See Rankin v. Lay, 8 W. R. 591 ; Morley v. Claverine M. R., 24 Jan. 1861. 218. PAUT X. APPOINTMENT OF NEW TRUSTEES. 218. Order directing trustees to be appointed. It is ordered that two or more proper persons be appointed trustees of the will of A. B., the testator in the pleadings [ Or, petition] named {or as may be), in the pla'ce of B. A. deceased, and of the defendant C. D. [ Or, C. D. in the petition named] ; And it is ordered that the said C. D. do convey and assign the trust estate vested in him by the said will to the trustees so to be appointed, upon the trusts declared by the said will (or as may he), concerning the same, or euch of them as are now subsisting or capable of taking effect ; And it is ordered that such conveyance and assignment be settled by the Judge (Jf no infant or married woman, add, in casethe parties differ) ; And it is ordered that the said C. D. deliver to such new trustees, upon oath, all deeds and writings in his custody or power relating to the said trust estate. — Liberty to apply. Note: — For the above form, See Seton, 778. For certificate verifying copy order — note of solicitors' names — and summons to proceed, See Forms 118-20; And for the procedure under an order to appoint trustees. See 1 Smith, 994-5 ; Ayekbourn, 586-93. For orders under the trustee acts — 13 & 14 V. c. 60, and 15 & 16 V. c. 55, in Morgan, 64-109 — appointing new trustees, and vesting the trust property, See Seton, 804-6. For a copious collection of orders under the various sections of the trustee acts. See Seton, xxiii, 790-811, 825-7 ; And for practical notes on: the form of order — who may apply, and mode of application — evidence— vesting lands — discharging or releasing contingent rights — conveyance and transfer — vesting charity property — costs— and the cases under the different sections of the acts, See Seton, 811-825 ; And see Id. 1419-21. For another collection of orders under the trustee acts, with notes. See Tripp, 211-228 ; And for a treatise on the acts, See Sugd. Stat. 410-445 ; Barry, xxl-vi, 197-260, 345-357. For a collection of decrees and orders as to enforcing or avoiding settlements, and investing and managing trust and settled property, and herein : of sales and purchases of land — taking up and enfranchising copyholds— renewing leases— cutting and selling timber — repairs and improvements— drainage — heir-looms, &c., with practical notes, See Seton, xxiii-v, 485-527, 1403-4 ; And see post, parts xiv, xv. 219-220. APPOINTMENT OF NEW TKUSTEES. For orders for the inrestment of trust funds under 4 & 5 W. 4, c. 29, 22 & 23 V. c. 35, and 23 & 24 V. c. 38, See Seton, 525-7, 775-7 ; And see post, part xv. For orders under the trustee relief acts — 10 & 11 V. c. 96, and 12 & 13 V. c. 74 — with practical notes, See Seton, 771-3 ; And see post, part xviii. As to judicial opinions, See Seton, 773-5 ; And post, part xviii. For decrees and orders in suits for relief against trustees respecting breaches of trust, and losses to the trust, \rith the cases as to: breaches of trust— concurrence and liability— wilful default — and charging with interest, See Seton, 748-52-61-4-7. For decrees and orders for carrying out trusts for payment of debts. See Seton, 296-305. As to the discharge of a trustee from his office — the appointment of new trustees — and the mode of vesting the trust estate, See Lewin, 419-36 ; And see Seton, 780-2; Barry, 386-7. As to the duties and powers of, and allowances to, trustees. See Lewin, vii-ix, 220-380-406-8; And see Seton, 752-8, 764-7-70; 2 L. C. Eq. 208-28, 733-66; 2 Spence, 992-4 ; Smith's Comp. 959-972 ; Selby v. Bowie, 2 N. R. 2. And see note to Form 438. 219. Sketch of affidavit of fitness of proposed trustee. {Commence as in Form 14.) 1. For years and upwards now last I have known and been well acquainted with E. F. of (address), the person who, as I am informed and believe, is proposed to be appointed a new trustee of the will of A. B. (or as may he), under the order made in this matter and (or) cause dated the day of 186 — . 2. The said E. F. is a (state his rank, profession, trade or business), and is (state facts to show the proposed trustee's fitness for the office), 3. In my judgment and belief the said E. F. is a fit, proper, and eligible person to be appointed a trustee of the said will (or as may be). Sworn (4-c., Form 16). Note: — See Form IS, and note to Form 218. 220. Consent of proposed trustees to act. In Chancery. A. ( Title.) We, E. F. of (address and addition), and Gr. H. of (^address and addition), do hereby signify our consent to accept the office of trustees of the will of A. B. (or as may he), by the order in this matter APPOINTMENT, OF NEW TRUSTEES. 221-223. and {or) cause dated the ■ day of , 186 — , directed to be appointed. Signed by the above-named E. F. \ and G. H. in the presence of J L. M., of (^address and addition). Note: — See note to Form 218. E. F. G.H. 221. Affidavit verifying the signatures thereto. (^Commence as in Form 14.) 1. The names or signatures " " and " ," respectively set and subscribed to the paper writing marked A. now produced and shown to me (exhibit Form 220), and purporting to be the consent of E. F. and G. H. to accept the office of trustees of the will of A. B. deceased (or as may be), are of the respective proper handswriting of E. F. and G. H., in such paper writing respectively named and described, as I know from (state means of knowledge, as: having seen the said E. F. and G. H.respectively write the said respective names or signatures on the day of . Sworn (Sfc, Form 16). Note: — As to proof of handwriting, See Powell, 357, 8, 363; And see Form 15, and note to Form 218. 222. Siunmons to appoint approved persons trustees. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff (Or, petitioner, ^rc), that E F., of (address and addition), and G. H., oi -(address and addition), may be appointed trustees of the will of A. B., the testator in the pleadings \_Ori petition] named (or as may be), in the place of B. A., deceased, and of the defendant G. D. [ Or, C. D. in the petition named, Sfc.'], pursuant to the order dated the day of , 186—. Dated (Sfc, Form 7). Note: — See note to Form 218. 223. Minute of order thereon. Master of the Rolls "] \_0r, Vice-Chancellor V 186 — ], at chambers. J Appeared: Mr. A. for the applicant. Mr. B. for the defendant [Or, for D. C., ^c] Read: Order dated 186— ; Affidavit of H. T., filed , 186—; Affidavit of L. M., filed , 186—, verifying 224. APPOINTMKNT OF NEW TKDSTEES. the signatures of (the within-named) E. F. and G. H. to exhibit A therein referred to, being the consent of the said E. F. and G. H. to act as trustees. Order made according to the within summons [_0r. The Judge appoints the said E. F. and G. H. trustees of the will of {Sfc, Form 222)]. X. Y., Chief Clerk. To Mr. R., \ Eegistrar. J Note : — For like orders, See Seton, 778-9 ; As to vesting the trust property. See note to Form 218. 224. Chief clerk's certificate of approval of deed (of appoint- ment and) to vest the tmst estate. (Commence as in Form 185.) A proper deed of (appointment of new trustees of the will of B. A. deceased, the testator in the pleadings [^Or, petition] named, and of) conveyance and assignment of the trust estate vested in the defendant C. D., SfC., to (such new) trustees, has been settled and approved, con- sisting of an indenture to be made between the said C. D. of the one part, and E. F., of , and G. H., of , of the other part, and which indenture is identified hj my signature in the margin thereof. The evidence produced (Sfc, Form 217). Dated (Sfc, Form 185). Note:— ;For Bummonses to settle — take opinion of Judge — and vary certificate, See Forms 186-8. For affidavit verifying engrossment of deed, See Form 373; And for recitals of the order and certificate, See Form 445. 225-226. PAET XL SETTLEMENT OF BILL FOR AN ACT OF PARLIAMENT. 225. Order authorising application to Parliament, and directing bill to be settled. It is ordered that the said A. B. and C. D. be at liberty to apply to Parliament for an act authorising them to {Sfc., state object of appli- cation) ; And it is ordered that the draft of the bill for the said act be settled by the Judge. Note: — For certificate verifying copy order — note of solicitors' names — and summons to proceed, See Forms 1 18-20. When the draft bill has been finally settled at chambers, the chief clerk issues his certificate thereof, See Form 226 ; And identifies the draft so settled by a memorandum under his hand in the margin of the draft. See Form 227 ; The draft bill is then printed for parliament ; And a printed copy, and the ofSce copy of an affidavit veri- fying it as a true copy of the draft — See Form 228 — are left with the chief clerk, who thereupon obtains the Judge's signature to a memorandum of approval at the foot of the printed copy, See Form 229 ; As such signature must be proved vivS. voce in parliament, the Jndge usually signs in the presence of the solicitor having the carriage of the proceedings, or other competent witness. 226. Chief clerk's certificate of approval of draft bill. (Commence as in Form 185.) The draft of a bill to be submitted to Parliament for an act to (^-c, state object, as in order), has been settled and approved by the Judge, and is identified by my signature in the margin thereof. If the recitals have been proved, add: — The several instruments, facts, and events recited in the preamble of the said draft bill before the recital of this certificate have been proved (in this cause). — If some only of the recitals have been proved, add: — except so far as relates to the death of G. H. — Or, the heirship of L, M. {Sfc, as the case may be). The evidence produced on this proceeding consists of the afii- davit of E. O. filed the day of , 186—, the affidavit of, 4-c. Dated (^c. Form 185). Note: For summonses to settle— take opinion of Judge— and vary certificate, See Forms 186-8. And see note to Form 225. 227-230. SETTLEMENT OF BILL FOE ACT OF PARLIAMENT. 227. Memorandum to identify draft bill. (^Short title.) This is the draft of the bill to Parliament referred to in my certificate made in this matter and (or) cause, dated the day of , 186 — . X. Y., Chief Clerk. Note: — See note to Form 225. 228. Affidavit verifying printed copy bill. (^Commence as in Form \^.) 1 I have carefully examined and compared the printed document marked A. {exhibit print of bill), now produced and shown to me, with the draft or paper writing marked B., now produced and shewn to me, being the draft of a bill to Parliament which has been settled at the chambers of the Master of the Eolls [ Or, Vice-Chancellor ], pur- suant to the order made in this matter and (or) cause dated the day of , 186 — . 2. The said printed document marked A. is a true and correct tran- script of the said draft bill marked B. Sworn {S;c., Form 16). Note: — See note to Form 225. 229. Memorandum to be signed by the Judge. {Short title.) I have settled and do approve of this bill, being a copy of the draft bill referred to in the certificate of my chief clerk made in this matter and (or) cause dated the day of , 186 — . {Signature of Judge.) Note : — The above memorandum should be •written at the foot of the verified print of the hill, See note to Form 225. 230. Recital of chief clerk's certificate in draft bill. And whereas, in pursuance of the said recited order of the day of , 186 — , the chief clerk of the said Master of the Rolls \^0r, Vice-Chancellor ] made his certificate in the said matter and {or) cause dated the day of , 186 — , and thereby certified as follows : — "In pursuance of the direc<,ions {Sfc, Set out the certificate, omitting the reference to the evidence produced^ ; And whereas the said chief clerk's certificate was duly approved by the said Master of the Eolls \_0r, Vice-Chancellor }, and was filed in the report office of the said . court on the day of , 186 — Note : — See note to Form 225. 231. PAET XIl. SALES BY THE COUET. I. ORDER FOR SALE. 231. Summons for a sale of real estate. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant, ^c.% that, If after decree: — in addition to the directions contained in the decree dated the day of , 186 — , If under a deed : — the ' hereditaments comprised in the indenture dated the day of , 186— , in the bill ^Or, pleadings— Or, chief clerk's certificate dated the day of , 186.—], men- tioned. If under a will, or an intestacy: — the real estate of A.B., the testator [Or, intestate] in the bill [Or, pleadings] named [^Or, the testator's real estate in the chief clerk's certificate dated the day of — ^ 186 — mentioned] (or a sufficient part thereof to- make good the deficiency of his personal estate), be sold with the approbation of the Judge ; If unincumbered: — ^And that the money to arise by such sale be paid into the bank, with the privity of the accountant-general, to the credit of this matter and (or') cause, to an account to be entitled "The real estate account " [ Or, the proceeds of the sale of the testator's [ Or, intestate's] real estate], subject to further order, Or, if incumbered: — free from the incumbrances of such of the incumbrancers as shall consent to the sale, and subject to the incum- brances of such of them as shall not consent ; And that the money to arise by the sale of the said hereditaments, or of such parts thereof respectively as are subject to the incumbrances, if any, of such of the incumbrancers as shall consent to the sale, be applied in the first place in payment of what shall appear to be due to such last-mentioned incumbrancers respectively, according to their priorities, and be in the mean time paid into the bank (SfC, as in last clause). Note: — For certificate verifying copy order — note of solicitors' names — and summons to proceed, See Forms 118-20. 232. LEATE TO BID — CONDUCT OF SALE. For a collection of orders for the sale of real estate and other subjects of owner- ship,, and of orders for varions accounts, inquiries, and proceedings connected therewith, or collateral thereto, See Seton, xlv.-vi., 1182-3—1211, 1397-9. For the principles regulating sales by the court, and the procedure on such sales, See Id. ; Sugd. V. & P. xi, 93-121, 872-3 ; Dart, xxxi., 746-777 ; 1 Davidson, xxv., 501-15; Fisher, 758-9; 1 Smith, 995-1022; Daniell, 921-43; Tripp, 133, 166; Ayckboum, 489-S04; Drewry Pr. 154-7; And see Lewin, 779-81; Sugd. Pow. 990-1. As to sales by the court with an infeasible or a qualified title, See 25 & 26 Y. cc. 53, 67; Sugd. V. & P. 505-513 ; Seton, 1279-81. As to the sale of minerals apart from the surface, and the converse. See 19 & 20 V. c. 120, ss. 11, 13, in Morgan, 256 ; Sugd. V. & P. 71 ; Seton, 535, 9 ; 25 & 26 V. c. 108, in Seton, 1284; Ke Brown, 11 W. R. 19, 1 N. R. 13 ; Re WiUway, Id. 469. As to sales under the settled estates acts, See post, part xviii. For consent of an incumbrancer to a sale free from his incumbrance. See Form 368 ; And for summons to pay an incumbrancer so consenting, See Forms 369-371. II. LEAVE TO BID— CONDUCT OF SALE. 232. Summons for leave to bid. {^Commence as in Form 1), on the heariDg of an application on the part of the plaintiff [Or, defendant C. D., 4«.] that the applicant may be at liberty to bid at the sale of the estates directed to be sold by the decree \_0r, order] dated the day of ,.186 — . Dated (^•c., Form 7). Note : — For the order, See Seton, 1182; And for the cases. Id. 1184 ; Sugd. V. & P. 99; Dart, 749; 1 Smith, 1001. Where both (or all) parties to the suit obtain leave to bid, the sale will be con- ducted by a solicitor mutually chosen by them, or, if they cannot agree, by a solicitor nominated by the Judge ; Such solicitor proceeds in his own. name, and is styled, in summonses and other documents, "A. B., of (address), solicitor, the person having the conduct of the sale under the decree [^Or, order] dated the day of , 186—." For a collection of cases as to the person to conduct a sale in equity, See Seton, 1184; Sugd. V. & P. 99; Dart, 749; 1 Smith, 996; Ayckboum, 491; And see Cobden o. Maynard, 1 N. R. 354. 233-234. III. PROPOSAL FOE SALE— APPOINTMENT OF AUCTIONEER. 233. Sketcli of proposal for sale. In Chancery, {Short title.) The proposal of the plaintiff for the sale of the estates directed to be sold by the order dated the ■ day of , 186 . The said estates consist of the particulars set forth in the schedule hereunder written. The said estates have been recently surveyed by Mr. A. B., of , who has divided and allotted the same into r- lots in the manner set forth in the said schedule, and such division and allotment is the most desirable and beneficial mode of offering the said estates for sale. C. D., of , is the only incumbrancer upon the said estates, and he consents to the said estates being sold free from his incumbrance, upon the terms of the said order. The plaintiff proposes that the said estates be sold, free from the incumbrance of the said C. D., in lots, as shown in the said schedule, at the inn, situate at , in the county of , on , the day of , 186 — , at o'clock, subject to' particulars and conditions of sale to be previously approved of in chambers; and that the said A. B. be appointed to sell the said estates on the following terms, namely: (state the terms). The scliedule above referred to : — Lot. 1. — A freehold farm, ^e. 2. — A copyhold piece of land, Sfc. 3. — A leasehold messuage, ^ c. {State the tenure and short particulars of each lot — in whose occupa- tion — -for what term — and at what rent. See Form 235). Note : — Proposals for sale are required at some, and rejected at others, of the Judges' chambers. 234. Sketch of affidavit in support of proposed mode of sale. In Chancery. {^itle.) I, A. B., of {address and addition), land valuer (and auctioneer), make oath and say as follows : — 1. I have for years and upwards now last practised as a land valuer (and auctioneer) in the county of . 235-236. PROPOSAL foe sale— appointment of auctioneee. 2. I am well acquainted with the estates in question in this matter and (or) cause, and described in the paper writing marked A. now produced and shown to me. 3. I have recently made a careful survey of the said estates, and divided the same into lots, with a view to the sale thereof by auction, pursuant to the order made in this matter and (or) cause dated the day of , 186 — . 4. To the best of my judgment and belief the said paper writing marked A. sets forth a true and accurate particular and description of the said estates, and the most advantageous mode of lotting, dividing, and selling the same ; and if such mode be adopted, the said estates are more 'likely to be sold, and to produce more money upon the sale thereof, than if the same are offered for sale in any other manner. Sworn {Sfc, Form 16). Note: — See Form 15. 235. Survey therein referred to. (A.) In Chancery, {Short tide.) This paper writing marked A. was produced and shown to A. B., and is the same as is referred to in his affidavit sworn in this matter and (or) cause this day of ■ , 186 — , before me, {Signature of officer before whom affidavit sworn.) Numbers of Lots. Particulars and Description of the Estates. One. Two. Three. {Here state the tenure and short particulars of each lot — in whose occupation— for what term — and at what rent.) A. B. 236. Sketch of affidavit of fitness of auctioneer. In Chancery. ( TUle.) I, E. F., of {address and addition) make oath and say as follows : — 1. For years and upwards now last I have known and been well acquainted with A. B., ot {address) (land valuer and) auctioneer, the person proposed to be appointed as the auctioneer to sell the estates in question in this matter and {or) cause, situate at , in the county of PARTICULARS AND CONBITIONS OF SALE. 237. 2. The said A. B. has for — — years and upwards now last practised as an auctioneer (and land valuer) at aforesaid, and during that period he has been employed by me, to my satisfaction, in several valuations and sales of landed property ; And I verily believe him to be a person of great respectability and integrity, and well acquainted with the nature and value of property in the neighbourhood of the said estates. 3. In my judgment and belief the said A. B. is a fit and proper person to be appointed in this matter and (or) cause to sell the said estates by auction, and I verily believe he will conduct the sale thereof in a fair, open, and candid manner. Sworn {SfC, Form 16). Note: — As to the auctioneer and his commission or remuneration, See Sugd. V. & P. 43, 5-7, 824, 5j Dart, 116, ?50j 1 Smith, 998, 9 ; 1 Davidson, 504; Ayckhourn, 491; Re Page, 11 W. R., 584. And see Form 15. rv. PARTICULARS AND CONDITIONS OF SALE. 237. Direction to eonveyaneingf eoimsel to advise on and settle special conditions of sale. The Master of the Rolls I [_0r, Vice-Chancellor ], > {Short title.) at chambers. J The Master of the Rolls [Or, Vice-Chancellor ] has directed that an abstract of the title to the estates by the decree [ Or, order] of the day of 186 — , in this matter and (or) cause directed to be sold, and which are comprised in the particulars to which I have put my initials, be laid before the conveyancing counsel in rotation l^Or, before Mr. H., the conveyancing counsel in this matter and (or) cause], for his opinion thereon with a view to such sale, and to advise what, if any, special conditions of sale are rendered necessary or proper by the state of the title, and that such special conditions (if any) be settled by such counsel. Dated this day of , 186 — . X. Y., Chief Clerk. Mr. C. D. is the conveyancing counsel in rotation. ( Signature of registrar's clerk. Note: — As to the root of title, and the title to various descriptions of property, See Sagd. V. & P. 364-381; Dart, 188-194; 1 Davidson, 459-466. As to the preparation of the abstract. See Sugd. V. & P. 405-411, 817; Dart, 194- 200, 768 ; 1 Davidson, 455. As to laying the abstract before the conveyancing counsel. See 15 & 16 V. e. 86," L 2 238. PARTICULABS AND CONDITIOMS OF SALE. s. 56, and 2 C. O., in Morgan, 218, 355; Seton, 1185; Sugd. V. & P. 94. 7; Dart, 751 ; 1 Davidson, 501 ; 1 Smith, 996, 7; Ayckbourn, 492. 238. (A.) Introduction to particulars and conditions. In Chancery. {Short title.) Particulars and Conditions of Sale of {Introduce a concise summary of the property to be sold, as thus : — freehold, copyhold, and leasehold estates, situate in the parish of A., in the county of B., comprising two freehold farms called " Bakewell's " and " Frankland's," containing together about 200 acres — Several detached closes of meadow and pasture land, containing together about 30 acres — A copyhold dwelling- house and two acres of land adjoining — And a leasehold cottage and garden held for an unexpired term of 40 years^. The above properties will be sold by auction — pursuant to a decree [ Or, order] made in the above matter and (or) cause, and with the approbation of his honor the Master of the Kolls [Oj", Vice- Chancellor -], the Judge to whose court such matter and {or) cause, is attached -by Mr. C. (the person appointed by the said Judge), at the • at , in the county of , on the day of , 186 — , at o'clock in the noon, in lots. The several properties may be viewed by leave of the tenants ; And printed particulars and conditions of sale may be had, gratis, of E. F., of • -, solicitor ; of G. H., of , solicitor ; at the office of the said Mr. C. in ■ ; and at the said inn. Particulars of Sale. {See Forms 239 — 266«.) Conditions of Sale, (^ee Forms 267—313.) Note:— As to the preparation and settlement of the particalars and conditions. See Sugd. V. & P. vii, 13-43, 97, 8 ; Dart, xiii, 71-112, 750; 1 Davidson, xxii, 439- 444, 450 ; Seton, 1185-6 ; 1 Smith, 996 ; "Ayckbourn, 492. As to altering the particulars or conditions after they have been printed and circu- lated, See 1 Davidson, 449; And as to parol variations of the particulars. See Sugd. V. & P. 165. Forms 268-277 correspond with Form 7 to the Judges' Reg., in Blosam, 19; Morgan, 713. Forms 240-266O, and 278-313, have been selected from a variety of particulars and conditions settled by the conveyancing counsel of the court, and approved at the Judges' chambers. For another collection of general and special conditions of sale, with notes See 1 Davidson, xxvii, 537-538-645, 653. ' PARTICtTLAES AND CONDITIONS OF SALE. 239-243. 239. (B.) Particulars of sale. 240. Coal mines. (a) Freehold — plant and stock : — The fee simple and inheritance of and in all tlie mines, veins, and beds of coal or cannel lying and being within or under certain plots of land, parts of the N estate, situate in the township of F , in the county of S , and containing in the whole — — square yards or thereabouts, together with full liberty to get and carry away the same; And also liberty to get neighbouring coals through or by means of the tunnels, ways, and roads now made or hereafter to be made under the aforesaid plots of land ; And also all the live and dead stock, plant, machinery, fixtures, waggons, and apparatus in and upon, of used for the« purposes of the colliery and works, in the state in which the same shall be at the day of completion, and the coal then worked and gotten or brought to bank, and being in or upon the premises, and the materials, utensils, and chattels in and upon the same, or used for the purposes thereof. (b) Leasehold : — ^AU the mines, veins, and beds of coal, cannel, slack, or bass, lying within and under certain closes of land situate at B., in the township of C , in the county of L^ , together with all the powers for working, getting, and vending the same ; which said premises are now held for the residue of a term of years from the day of , subject to such rents, covenants, pro- visoes, and conditions as are contained in the demise thereof bearing date the day of , and made between S. M. of the one part, and J. M. of the other part. Note :— See Forms 238 and 283; And see Sngd. V. & P. 105. 241. Copyhold land : — A copyhold piece or parcel of meadow land, called , situate at , held of the , manor of , subject to a quit rent of £- and the usual fine on death or alienation, and now in the occupation of Mr. as tenant from year to year, at the annual rent of £ . Note: See Sugd. V. & P. 303 ; Dart, 74 ; 1 Davidson, 447 ; And Form 300. As to enfranchising copyhold property. See Forms 408-10. 242. Fee farm rents: — The freehold and inheritance of and in' seven yearly fee farm rents of £ , ^c, amounting together to the sum of £ , and arising and made payable out of a farm at ■ in the occupation of . 243. Freehold farm: — A freehold farm situate at , in the county of , comprising a brick and tiled farm house, with yards, barn, stable, sheds, and other buildings, and about 32a. 2e. 13p. of meadow, arable, and woodland, and now in the occupation of Mr. 244^246. PARTICULARS AND CONDITIONS OF SALE. as tenant from year to year, at the yearly rent of £ The property is subdivided as follows : — No. on plan annexed. Description. State. Quantities. 485 486 487 . 488 Farm house and homestead - Burrows' close - - - - Fox covert Ravens - - - . Meadow Arable Wood - Total - A. B. p. 31 18 1 5 11 2 9 2 2 8 32 2 13 244. Freehold house: — A freehold messuage or dwelling-house situate at , in the county of , in the occupation of Mr as tenant from year to year, at the yearly rent of £ 245. Freehold and Copyhold intermixed: — ^A messuage or tenement situate at , in the county of , with th^e barns, stables, out- buildings, and several closes or parcels of freehold and copyhold land thereto belonging, coataining the quantities, and subdivided as follows : — No. on plan annexed. Description. Tenure and Quantity. Freehold. Copyhold. 1 2 3 4 5 6 Farm house and outbuildings - Stackyard - - - - Home close - - - - - -^ - New field - Sparrowhawks - - - Hockleys Total freehold - A. R. p. 1 10 2 3 4 1 6 6 3 11 2 4 A. B. p. 3 2 8 1 3 11 1 3 8 13 3 34' Total c opyhold 7 27 The copyhold portion of the above lot is held of the manor of - by payment of yearly customary rents, amounting together to £ , and other dues, duties, and services, and to certain, fines, amounting, together to £ , payable on alienation or death of tenaut. Note:— See Sugd. V. & P. 303 ; 1 Davidson, 602 ; And Form 300. 246. Goodwill and lease :— The valuable goodwill of a first-qlass ladies' and gentlemen's boot and shoe business, established many years PARTICULARS AND CONDITIONS OF SALE. 247-249. since by the late Mr. I. W., and now conducted by his administratrix on the premises, No in street, in the county of ; The sales during 1860, 1861, and 1862, averaged about £ — per annum ; Also the lease of the said premises, held for a term of which years were unexpired on 186 — , at the rent oi £ per annum; Also the fixtures and fittings on the premises ; The premises comprise a handsome shop and show room, a good cutting room, and a convenient dwelling ; The above property will be sold in one lot, subject to the purchaser taking the stock-in-trade, book debts, and household furniture at a fair valuation, as mentioned in the condition. The property comprised in this particular is sold as a going concern, and the purchaser will be entitled to inspect and examine the books of the business, and to make extracts therefrom, at the business pi-emises, and the purchaser will also be entitled to carry on the business as suc- cessors of the said late I. W. Note ! — As to the valuation, See Form 282 ; And as to the sale of a goodwill, See Sugd. V. & P. 210. 247. Government Life Annuity : — An annuity of £ , granted at the National Debt and Government Annuity Office, No. 19 Old Jewry, receivable half-yearly, on the 5th of January and 5th of July, during the life of a gentleman aged ■ on the day of , 186 — . The vendor will receive the proportion of the annuity due on the 5th of , 186 — , from which date the purchaser will be entitled to the annuity. 248. Leasehold house : — A private dwelling-house, situate No.- in street, in the parish of ■ and county of ^ — ^, in the occu- pation of Mr. 0. P., under a lease for 21 years, from Lady-day, 1859 (determinable at 7 or 14, at the option of the lessee), at the annual rent of .... £110 Held on lease, dated the 26th of March, 1812, for a term of which 48 years (less 21 days) were un- expired at Lady-day, 1862, at a ground rent of 20 Leaving a net rental of - - iS90 249. Leasehold interest in reversion:— The reversionary interest, expectant on the death of a lady aged 70, of the improved rent of two leasehold dwelling-houses, situate and being Nos. 5 and 6 in street, , Surrey ; and held, with lots and , on lease for a term of which 50 years were unexpired on the day of , 186 — , at the entire yearly rent of £20. 250-252. PARTIODLAKS AND CONDITIONS OF SALE. This lot is underleased to A. B. for a term of which 49 years were unexpired on the day of 186 — , at the yearly rent of £40 And will be subjected to an apportioned rent of £5, part of the above £20 5 Leaving a clear improved rent of - - - £35 Note: — See Form 291. ~~~~^^~~ 250. leasehold contract, with lease direct from freeholder : — The property comprised in these particulars is held under the contract with the ground landlords referred to in the condition of sale {Se6 Form 299) ; And each purchaser will be entitled to call for a lease direct from the ground landlords for the term of 99 years from the day of , of the lot purchased by him, at the ground rent specified in the particulars of such lot. Lot One comprises the brick built dwelling-house, No. in ■ terrace, Sfc, in the occupation of Mr. C. as yearly tenant, at the rent of, per annum --.--... £SQ • Ground rent per annum - - - - - 7 10 Improved rent - £28 1 Lot two comprises, Sfc. Sfc. Note: — See Form 299. 251. life Annuity :— An annuity of £100, receivable quarterly, on the 3rd of March, 3rd of June, 3rd of September, and 3rd of December, during the life of a gentleman aged fifty-three on the 10th of October, 186 — , under a will proved in the Prerogative Court of Canterbury in the year 1855, and charged on freehold estates in the county of , of the estimated value of £ per annum ; The date of baptism of the annuitant is assumed to be the date of birth, no evidence of tlie, latter being in the vendor's possession. Note:— See Sugd. V. & P. 854; 1 Davidson, 483, 641. 252. Life Interest :— The life interest of a gentleman aged thirty- eight on the 20th March, 1863, derived under a will proved in the Prerogative Court of Canterbury in the year 1854, in the annual dividends arising from the sum of £ bank £3 per cent, annuities, standing in the names of respectable trustees, or in the annual produce of the stocks, funds, or securities in or upon which the trust fund may hereafter be invested ; The life interest now produces £90 per annum, and is receivable half yearly, on the 5th of January and 5 th of October. Note : — See last note. PARTICULARS AND CONDITIONS OF SALE. 252a-257. 252a. Life Policy :— A policy of insurance for £ in the life office, Nod. and dated , 18 — , on the life of A. B., aged years on the last, subject to an annual premium of £- . 253. Reversionary Life Interest : — The reversionary life interest of a gentleman aged twenty-eight on the 10th of April, 1858, under a settlement dated in 1851 — contingent on his surviving his wife, aged twenty-six on the 26th of January, 1858 — in one-half of the dividends, interest, or other annual produce of the sum of i§3,000, now bearing interest at £4 per cent, per annum, receivable half-yearly, on the 2nd of May and 2nd of November, and amply secured on a freehold estate, consisting of about eighty-one acres of meadow and arable land, situate at , in the county of , of the estimated annual value of sfiSOO ; or in one-half of the dividends or other annual produce of the securities on vphich the £3,000 may hereafter be invested. 254. Tithe Rent-cliarge : — The annual rent-charge of J106 1 1a 2d. payable from certain farms and lands situate in the parish of , in the county of , containing altogether 580a. 1r. IOp. more or less, and now in the several occupations of Mr. B. A., Mr. D. C, and Mr. F. E; The rent-charge is held under a lease from the dean and chapter of for twenty-one years from the 10th of October, 1855, subject to an annual payment of £ , and is also subject to the payment of poor and highway rates to the said parish ; A full particular of the names of the fields, the quantities, and the sums charged thereon, taken from the tithe commutation survey for the said parish, will be produced at the sale, and may be seen at the office of the auctioneer at , at any time previous thereto. Miscellaneous additions to descriptions of property. 255. Apportioned rent : — The apportioned rent for this lot will be £ per annum. Note:— See Form 286. 256. Chief rent: — This lot is sold subject to the payment of an annual chief rent of s§ per annum. 257. Contract to purchase :— Part of the estate is at present actually held by the vendors under two leases for lives granted by the lord bishop of — — , one of such leases being dated the day of ^ 186 — , and the other dated the day of , 186 — , but subject to, and with the benefit of, a contract with the ecclesiastical commis- sioners for England, for the purchase of their estate and interest, on the completion of which contract the purchaser will acquire this part of the estate as freehold of inheritance ; The remainder of the estate is freehold of inheritance. 258-262. PAETICtTLAKS AND CONDITIONS OF SALE. 258. Fixtures: — The vendor's fixtures (and fittings) will be in- cluded in the purchase. Note: — As to fixtures: generally — for trade — for ornament and convenience — and for agricultural purposes— contracts as to fixtures — removal of fixtures — and remedies respecting them, See Woodfall, 493-516; And see Sugd. V. & P. 33; Dart, 831. 259. Land tax redeemed : — The land tax (on all the lots — Or, on lot ) has been redeemed. Note :— See Form 298. 259a. Minerals excepted : — The mines and veins of coal and iron- stone under this lot — save about 2a. 3e. 39p. thereof, coloured pink on the plan — are, with the necessary and proper powers for winning the same, excepted out of this sale. 260. One or more lots:— The property described in the following particulars (as lots 1, 2, 3, ^ c.) will be offered for sale in the first in- stance in one lot, and if not so sold, wiU be immediately offered for sale in the following (eight) lots [Or, If the highest bidding for lot 1 shall not reach the reserved price fixed by the Judge, the property comprised in that lot will afterwards be put up in two lots, as follows : Lot 1, ^c; Lot 2, 4-c]. 261. Reference to Plan : — The plans which accompany these parti- culars are given merely to assist in identifying the lots; such plans are believed to be correct, but the vendors are not to be bound thereby ; and the respective purchasers shall not be entitled to have the property conveyed to them by a plan or plans. Note:— As to plans. See Sugd. V. & P. 24, 5 ; Dart, 77-8 ; 1 Davidson, 447, 607. 262. Right of way: — Lot 1; The purchaser of this lot will be entitled to a right of way over the occupation road forming part of lot 2. Lot 2 ; The occupation road forming part of this lot is sold subject to a right of way to the purchaser of lot 1 \_Or, a carriage or cart road and footway for the benefit of the purchaser -of lot 1 is marked on the plan annexed to these particulars, and is thereon distinguished by the colour purple, reaching from A. toB.; The pur- chaser of lot 2 shall take such lot subject to such carriage or cart road and footway as aforesaid, and shall, if required by the purchaser of lot 1, make a grant to him of such road and way accordingly; such grant to be settled by the Judge in case the parties differ]. Note: — See Form 293. PAHTICULAES AND CONDITIONS OF SALE. 263-266. 263. Bight of redemption. (a) Freehold: — The premises comprised in this lot were, by inden- ture dated the day of , 186 — , conveyed by A. B. unto C. D. (the testator in this cause), by way of nlortgage for, securing the sum of £ and interest ; And this lot is now sold subject to the equity of redemption (if any) subsisting therein under the said indenture. (6) Leasehold : — This lot will be sold for the residue of a term of 500 years created by an indenture of mortgage dated the day of , 186 — , and under which the vendors and those they repre- sent have for years and upwards been mortgagees in posses- sion without account. Note :— See Form 301. „ 264. Sheepwalk: — There is a sheep walk appertaining to this lot for sheep, during the summer months, on the downs. Note: — See Form 310.. 265. strip of land without title : — The purchaser of this lot will also be entitled to all the interest of the vendors (if any) in the strip of land coloured brown on the plan ; but the vendors do not undertake to show any title to such strip of land, nor to remove any objections to any title that may appear thereto. Note:— See Sugd. V. & P. 310, 315, 375; 1 Davidson, 599; Add. Wrongs, 153 ; Dart, 224 ; W. P. R. P. 294. 266. Timber. (a) Included: — The (vendor's interest in the) timber (but subject to the lord's right as to the copyhold) will be included in the purchase. (6) To be taken at a fixed sum : — The purchaser of this lot is, in addition to his purchase-money, to pay the sum of £ for the timber and trees growing thereon [Or, The respective purchasers are, in addition to their respective purchase-monies, to pay the respective sums mentioned in the particulars of their respective lots, for the timber and trees growing thereon]. (c) Price to be declared at sale : — The timber on this lot [ Or, on the respective lots] will be valued by Mr. A. B. of , before the sale ; The amount of his valuation will be declared at the sale, and the purchaser is \0r, respective purchasers are] to pay such amount in addition to his purchase-money [Or, their respective purchase-monies]. Note:— See also Forms 274, 282. 266a 272. particulaes and conditions of sale. 266o. Tithe— Tithe rent charge :— This lot is tithe free [Or, The tithe rent charge, amounting to £ per annum, is (together with all other rates, taxes, charges, and assessments) paid hy the tenant, in addition to the rent]. Note:— See Sugd. V. & P. 322 ; Dart, 190, 4; 1 Davidson, 613, 4. 267. (C.) Conditions of Sale. 1. Ordinary conditions of sale — regulation form. 268. Advance in bidding : — -1. No person is to advance less than £ at each bidding. Note:— See Form 278; And see Sugd. V. & P. 13 ; Dart, 80, 750 j 1 Davidson, 451, 503. 269. Reserved bids : — 2. The sale is subject to a reserved bidding (for each lot) which has been fixed by the Judge to whose court this cause is attached. NoTE:^=.See Forms 279, 322, 3 ; And note to Form 268.- 270. Bidding paper : — 3. Each purchaser is at the time of sale to subscribe his name and address to his bidding (in the bidding paper), and the abstract of title, and all written notices and communications, and summonses, are to be deemed duly delivered to and served upon the purchaser by being left for him at such address, unless or until he is represented by a solicitor. Note: — See Forms 330, 1. 271. Deposit:— 4. Each purchaser is at the time of sale to pay a deposit of £ per cent, on the amount of his purchase-money to A. B., the person appointed by the said Judge to receive the same. Note: — This condition is to be inserted only when a deposit is directed, in which case the person appointed to receive the deposit must give security. See Forms 324-7. As to deposits, See Bloxam, 48; Seton, 1186; Sugd. V. & P. 98; 1 Smith, 1002 1 Davidson, 503; Daniell, 926. 8 ; Ayckbourn, 495. 272. Certifying result : — 5. The chief clerk of the said Judge will after the sale proceed to certify the result ; and , the day of , 186 — , at of the clock in the ■ noon, is appointed as the time at which the purchasers may, if they think fit, attend by their solicitors at the chambers of the said Judge in the rolls' yard, chancery lane {or as may he — See Form 7), in the county of middle- sex, to settle such certificate ; The certificate will then be settled, and will in due course be signed and filed, and become binding, without further notice or expense to the purchasers. Note:— See Forms 280, 336, 7. PAKTICULAES AND CONDITIONS OF SALE. 273-275. 273. Delivery of abstract — Objections to title :— 6. The vendor is, within (four) days after such certificate has become binding, to deliver to each purchaser or his solicitor an abstract of the title to the lot or lots purchased by him, subject to the stipulations contained in these conditions ; And each purchaser is, within (four) days after the actual delivery of the abstract, to deliver at the office of Mr. C. D., solicitor, at , in the county of , a statement in writing of his objections and requisitions (if any) to or on the title as deduced by such abstract; and upon the expiration of such last-mentioned time (and in this respect time is to be deemed of the essence of the contract) the title is to be considered as approved of and accepted by such purchaser, subject only to such objections and requisitions, if any. Note:— See Forms 281 and 358. 274. Valuation of timber ; — 7. Each purchaser is, in addition to the amount of his bidding at the sale, to pay the value of all timber and timber-like trees, tellers, and pollards, if any, on the lot pur- chased by him, down to Is. per stick inclusive — the amount thereof to be ascertained by a valuation to be made in manner following, that is to say : each party (vendor and purchaser), or their respective solicitors, is within days after the chief clerk's certificate has become binding, to appoint by writing one valuer, and give notice in writing to the other party of such appointment ; and the valuers so appointed are to make such valuation, but before they commence their duty they are to appoint an umpire, by writing, and the decision of such valuers if they agree, or of such umpire if they disagree, is to be final ; and in case the purchaser shall neglect or refuse to appoint a valuer and give notice thereof in the manner and within the time above specified, the valuation is to be made by the valuer appointed by the vendor alone, and his valuation is to be final. Note:— See Forms 266, 282. As to timber, and what it is. See Woodfall, 489-492, 1098, 9; Dart, 85; 1 Davidson, 537; Dixon, 551. 275. Payment of purchase money — ^possession — ^rents: — 8. Each purchaser is, under an order to be obtained by him — or in case of his neglect, by the vendor at the costs of the purchaser — upon application at the chambers of the said Judge, to pay the amount of his purchase- money {If the ith condition is inserted, add, after deducting the amount paid as a deposit — If the 1th condition is inserted, add, together with the amount of the valuation under the 7th condition), into the bank of england, with the privity of the accountant-general of this court, to the credit of — {as in the order directing the sale), on or before the day of , 186— ; And if the same is not so paid, then the purchaser is to pay interest on his purchase-money {If so, including the amount of such valuation) at the rate of £ per cent, per annum, from the 276-279. PAIITICULAES AND CONDITIONS OF SALE. day of to the day on which the same is actually paid, deducting property tax ; Upon payment of the purchase-money in manner aforesaid, the purchaser is to be entitled to possession, or to the rents and profits, as from the day of , down to which time all outgoings are to be paid by the vendors. Note:— See Forms 283, 5, 361-6. 276. Compensation :— 9. If any error or misstatement shall ap- pear to have been made in the above particulars, such error or mis- statement is not to annul the sale, or entitle the purchaser to be discharged from his purchase, but a compensation is to be made to or by the purchaser as the case may be, and the amount of such com- pensation is to be settled by the said Judge at chambers. Note; — See Form 283a, 367. Such conditions respecting the title and title-deeds should be here inserted as the conveyancing counsel shall advise to he necessary or proper — See Forms 285-313. 277. Resale on default : — Lastly. If the purchaser shall not pay his purchase-money at the time above specified, or at any other time which may be named in any order for that purpose, and in all other respects perform these conditions, an order may be made by the said Judge, upon application at chambers, for the resale of the lot purchased by such purchaser, and for payment by the purchaser of the deficiency, if any, in the price which may be obtained upon such resale, and of all costs and expenses occasioned by such default. Note :— See Form 382. 2. Variations in the ordinary conditions. 278. Advance in bidding: — No person is to advance less than at each bidding for lots and , nor less than £ at each bidding for lots and [Or, No person is to advance a less sum at each bidding for any lot than shall be named by the auctioneer at the time of sale]. Note:— See Form 268. 279. Reserved bids : — Lots and wiE be sold without reserve ; The sale of the other lots is subject to a reserved bidding for each lot, which has been fixed by the Judge to whose court this cause is attached [ Or, The property is sold without any reserve except as regards certain portions thereof which are subject to mortgages, and on which a reserved bidding to an amount sufiicient to cover the sums due to the mortgagees will be fixed]. Note:— See Form 269. PARTICULAKS AND CONDITIONS OF SALE. 280-281. 280. Certifying result in vacation: — The chief clerk of the Master of the Rolls [ Or, Vice-Chancellor ], acting for the Vice- Chancellor [ Or, Master of the Rolls], will after the sale (^-c, as in Form 272). Note: — See Forms 272, 336, 7. 281. Delivery of Abstract. — (a) Where a common title to several lots : — No purchaser of two or more lots held under the same title shall be entitled, otherwise than at his own expense, to more than one copy of the abstract of title relating thereto. (6) Where lots small : — The abstract to be delivered pursuant to the (sixth) condition to each purchaser whose purchase-money, or aggre- gate purchase-monies, "shall not exceed £(250), shall be a con- densed or abridged statement only of the documents contained in a full abstract of the title to the lot or lots purchased by him ; Such purchaser, however, by himself or his solicitor, shall be at liberty to inspect, at his own expense, the full abstract of such title at the office of Messrs. C. D. & Co., situate at , during office hours, for fourteen days immediately after the delivery or transmission to such purchaser or solicitor of such condensed or abridged statement, and shall, at the like expense, be entitled to be furnished with a copy of such full abstract ; and the (sixth) con- dition shall in all other respects apply to, and be binding upon, such purchaser, who shall be deemed to buy with full notice of all the contents of the full abstract, in the same manner and in all respects as if the abstract delivered to such purchaser pursuant to the (sixth) condition had been a full abstract. (c) Another Form ; — A purchaser whose aggregate purchase-money, including, as regards lots 3 and 12, the sum to be paid for the timber on the said lots respectively, shall fall short of £(300), shall not be entitled, otherwise than at his own expense in all respects, to an abstract of the title of the lot or lots purchased by him, or to any evidence in support of the title, or otherwise to investigate the title ; and any such purchaser who shall require at his own expense as aforesaid to have an abstract and investigate the title of the lot or lots purchased by him, shall, within seven days after the certificate of the result of the sale has become binding, give notice in wHting, at the office of Messrs. R. H. & Co., at , in the county of , of his desire to be furnished with an abstract of title; Every such purchaser, however, shall be at liberty to inspect, at his own expense, the abstract of such title, at the office aforesaid, in office hours, during such seven days ; The vendors shall within seven days after receiving such notice as aforesaid from a piirchaser having to give notice, or in the case of a purchaser not 282-283. PAETICtTLAES AND CONDITIONS OF SALE. having to give notice, then within seven days after the said certificate has become binding, deliver to each purchaser giving notice as aforesaid, and to each purchaser not having to give notice, or to the solicitor of the purchaser, an abstract of the title "to the pre- mises purchased, subject to the stipulations contained in these conditions ; and the purchaser is, within 21 days after the actual delivery of the abstract, to deliver at the office aforesaid a state- ment in writing of his objections (Sfc, as in Form 273). Note : — See Form 273. 282. Valuations — Stock-in-Trade — Going concern: — The purchaser is, in addition to the amount of his bidding at the sale, to purchase the stock-in-trade and book debts of and belonging to the business men- tioned in the particulars, and also the household furniture in and upon the premises, at a valuation to be made in manner following {Src, as in Form 274). The vendor shall account for and pay to the purchaser all sums of money received by her on account of the said stock-in- trade and book debts between the time of the valuation and the pay- ment of the amount thereof into court as mentioned in the (eighth) condition, after deducting therefrom all sums of money paid or dis- bursed by her in and about the said business during the last-mentioned period; the amount of such receipts and payments to be certified by the said chief clerk in case the parties diifer about the same. Note: — See Forms 246, 266, 274. 283. Payment of purchase-money. — (a) Vendor to obtain order to pay in; — The vendor will at his own expense, on or before the 28th day of July 186—, as to such of the purchasers as shall on or before the 18th day of July 186 — , by notice in writing to Messrs. S. & R.-of , the vendors' solicitors, declare their acceptance of the title, and their readiness to pay into court the balance of their purchase-monies, obtain at the chambers of the said Judge one order for payment of the purchase-monies of such purchasers (after deducting the amount paid as a deposit) into the Bank of England with the privity of the accountant-general of this Court, to the credit of this cause, on or before the said 28th day of July 186 — ; and any purchaser wh» shall not, on or before the said 18th day of July, give such notice as aforesaid, shall, at his own expense, obtain, upon appli- cation at the chambers of the said Judge, an order for payment of his purchase-money (after deducting the amount paid as a deposit), into the bank, to the credit of this cause, on or before the said 28th day of July ; and in case of the neglect of such purchaser to obtain such order, the vendor shall be at liberty to obtain the same at the expense of such purchaser ; In case any purchaser shall not pay his purchase-money into the bank by the said 28th day of PARTICULARS AND CONDITIONS OF SALE. 283. July, such purchaser is to pay interest on his purchase-money {SfC, as in Form 275). (h) One moiety to part owner concurring — The other moiety into Court : — The purchaser is to pay one moiety of the purchase- money to the vendor on the day of completion of the purchase, and if such purchase be not completed on or before the 29th day of September 186 — , he is to pay, from that day down to the day of completion, interest on such moiety of the purchase-money, at the rate of £6 per cent, per annum ; And he is, under an order for that purpose to be obtained by him, or in case of his neglect by the vendor, at the cost of the purchaser, upon application at the chambers of the said Judge, to pay the remaining moiety of the purchase-money into the bank of england, with the privity of the accountant-general of *his court, to the credit of this cause, " The testator's real estate," on or before the said 29th day of Septem- ber 186 — , and if the same is not so paid, then the purchaser is to pay interest on the said last- mentioned moiety of the purchase- money, at the rate of £5 per cent, per annum, from the 29th day of September 186 — , to the day on which the same is actually paid, after deducting income tax ; Upon payment of the purchase- money in manner aforesaid, the purchaser is to be entitled to possession of the whole of the hereditaments sold, or to the whole of the rents and profits thereof, as from the 29th day of September 186 — , down to which time all outgoings are to be paid by the vendor. (c) Sale under the settled estates acts— Payment to trustees : — Each purchaser is, on or before the day of 186 — , to pay the amount of his purchase-money {S^c, Form 275), to Mr. E. P., and Mr. H. T., the persons to whom by the order of sale the purchase-money is directed to be paid, and if the same is not so paid then {ifc, Form 275). (d) Same - Sale of entirety with consent of part owner— Option to purchaser : — Each purchaser is, on or before the day of 186—, to pay the amount of his purchase-money (<^c,. Form 275), as follows : As to two-sixth parts thereof to the person or persons entitled thereto, and as to the other four-sixth parts thereof, at the option of the purchaser, either to S. L., and H. L., the trustees of the will of P. P., deceased (the settlor), or into the bank of england, with the privity of the accountant-general of this court, to the credit of " Exparte the persons interested in the proceeds of the sale directed by the order dated the day of ^ 186—, of four-sixths of P. P's settled estates— In the matter of an act to facilitate leases and sales of settled estates, 19th & 20th Victoria, chapter 120," under an order for that purpose to be obtained by the purchaser— or in case of his neglect, by the 283a-287. PAKTICtrLA.KS AND CONDITIONS OF SALE. vendor at the costs of the purchaser — upon application at the chambers of the said Judge. (e) On sale of collieries : — If the purchaser of lot 1 shall not pay his purchase-money on or before the said day of -^ , the busi- ness of the collieries will, as from that day, be carried on by the vendors at the risk and for the benefit of such purchaser, in the same way, as nearly as may be, as they have heretofore been car- ried on, the purchaser of the said lot 1 making all just allovrances; nevertheless this condition shall not prejudice or affect any of the rights reserved to the vendors by any other of these conditions, nor shall this condition in any manner free the purchaser from any obligation or liability to which he is or may be subject by any other of these conditions. Note : — As to sales under the settled estates acts. See post, part xviii. ; And as to the sale of coal mines, See Form 240. And see Forms 275, 361-6. 283a. Compensation: — The quantities stated in the particulars are believed to be correct, and shall be so taken, without any right to com- pensation on either side ; but if any other error or misstatement shall appear (^c, as in Form 276). Note :— See Forms 276, 367. 284. 3. Special Conditions. Note : — See note to Form 238. f 285. Apportionment of current rent: — The current rents, profits, and outgoings of the said premises shall, for the purposes of these con- ditions, if the circumstances so require, be considered as apportionable. Note :— See Forms 275, 283. As to rent, See Woodfall, 1093. As to rates, taxes, and assessments. See Id. 430-59, 1092. 286. Apportionment of reserved rents — Land tax — Tithe rent charge : — The rents payable by the tenants and the land tax are to be apportioned in the manner stated in the particulars of sale, but no legal apportionment thereof shall be required by the purchaser; The tithes are commuted and rent-charges are now payable in lieu thereof, and the property will be sold subject to the same ; Should any apportionments thereof be required, all expenses attending the same must be borne by the purchaser requiring the same. Note-.— See 22 & 23 V. c. 35, s. 3, in Morgan, 279; Sugd. Stat. 311; Sugd. V. & P. 383-4 ; 1 Davidson, 474; WoodfeU, 195, 1065; Dart, 84, 108. 287. Boundaries: — The vendor shall not be required to produce any other evidence to distinguish the customary (or copyhold) from PAETICTJLAES AND CONDITIONS OF SALE. 288-290. the freehold part of lot 1 than is furnished by the court rolls of the manor and the documents abstracted. Note :— See Sugd. V. & P. 303 ; Dart, 99 ; 1 Davidson, 491, 2. 288. Charges to be deemed satisfied: — (a) The purchasers respectively shall assume that all pecuniary charges not appearing to have been dealt with or noticed as sub- sisting within (twenty) years prior to the day of sale, and all securities for the same, have ceased to affect the title. (6) The like as to a specified inciunbranoe: — The purchaser of lot 10, the title to which commences with indentures of the and • , 1815, shall not require the vendors to get in the term of 500 years referred to in the said indentures as then subsisting for securing a mortgage sum and interest — or to adduce any other evidence of the payment of the said mortgage and interest than a statutory declaration by the vendors that they have not since the death of the testatrix in this cause, which occurred more than twenty years ago, heard of the mortgage being outstanding, nor had any application for payment, nor ever paid any money in respect thereof; and it shall be assumed that the said charge has been satisfied, and a reassignment of the term made, and merged in the inheritance. (c) Conditional snrrender to be deemed satisfied : — It appears from the court rolls that on the 9th of may, 1791, at a court then held, it was presented that out of court on the 10th of may, 1790, J. C, the then owner of the premises, surrendered the same to the use of K. W., his heirs and assigns, conditioned to be void on payment by the said J. C. to the said R. W. of J125, with interest at £5 per cent., on the 18th of november then next ; The copy surrender is not with the title-deeds; No objection shall be made in respect of this surrender, but the purchaser shall be fur- nished with a statutory declaration, to be made if required at his expense, that no interest has been paid or other acknowledg- ment made in respect of this sum of £125 for the last 20 years and upwards. Note:— See 1 Davidson, 629, n. (t) ; Dart, 216; And note to Form 302. 289. Conveyance at a fixed sum : — The vendors will furnish to each purchaser who shall desire it, a conveyance in fee, or to uses to bar dower, in a form to be settled on behalf of all parties by one of the conveyancing counsel of this court, at an expense to the purchaser of JIO 10s. exclusive of stamp duty— or will, at the option of the purchaser, furnish to him a copy of such form of conveyance at an expense to him of £S 3s. 290. Covenants for title - Concurrence of equitable owners :— The purchaser shall not require from any conveying party any further or M 2 291. PARTICULAKS AND CONDITIONS OF SALE. other covenant than a covenant that such party has not incumbered, nor require for any purpose the concurrence of any person in respect of any equitable or beneficial interest bound by the order of sale ; nor the production of any deeds or documents relating solely to any interests so bound. Note:— See Dart, 751 n (t) ; As to covenants for title, See Sngd. V. & P. 572-5, 835; Dart, 84, 350-64 ; 1 Davidson, 188, 655 ; As to the extent to which the order of sale will protect the purchaser, See Dart, 773, 4; Sugd. 110-3 ; Seton, 1190. And see note to Form 372. 291. Deeds.— (a) Vendor to retain: — The deeds and muniments of title relate as well to the property in the above particulars as to other heredi- taments of greater value, and none of such deeds and muniments will be delivered over to the purchasers ; And no purchaser shall be at liberty to object to the title by reason of the want of a covenant for the production to him, and furnishing copies of any deeds or muniments of title not in the possession of the vendors, or in respect whereof they shall be unable to procure for him such covenant ; And every covenant for production which may be required by a purchaser shall be made determinable upon such conditions, and shall be otherwise qualified in such manner as the circumstances require, and the same shall be pre- pared by and at the expense of the covenantee. (6) Custody and delivery — Covenants to produce: — The several pur- chasers shall be entitled, on the completion of their respective pur- chases, to the custody of such of the muniments of title in the vendors' possession as relate exclusively to the lots purchased by them respectively ; But such of the muniments of title in the possession of the vendors as relate to more than one lot, and not to any other property or matter, shall be retained by the vendors until all the lots to which the same exclusively relate shall have been sold, with liberty for the purchasers at the present sale to inspect at their expense such muniments while so retained, as occasion shall require, at the office of the solicitor with whom the same are now respectively deposited, but without any right to require any covenant or undertaking for production thereof; and when the whole of the lots to which the same exclusively relate shall have been sold, such muniments shall be delivered to the largest purchaser in value on his executing, if required, a deed of covenant with each of the other purchasers for the production thereof, and for furnishing copies and extracts (such deeds of covenant to be prepared by and at the expense of the respective covenantees) ; And as to such (if any) of the muniments as relate to all or any of the lots together with any other property or matter, the same shall be retained by the vendors, who, or some PAKTICTTLAES AND CONDITIONS OF SALE. 291. one of whom, will enter into the usual qualified and defeasible covenants of trustees with the respective purchasers requiring the same for producing and furnishing copies of such of the same as are not of record, such deeds of covenant to be prepared by and at the expense of the respective covenantees, who are not to raise any objection on the ground that the person or persons entering into such covenant is not or are not entitled to the present custody of such muniments — But the vendors reserve to themselves the right of making, either before or after such sale, with the approbation of the Judge to whose court this cause is attached, any other arrangement concerning any muniments not relating exclusively to a lot or lots sold at this sale. (c) Another form: — The deeds and muniments of title in the posses- sion of the vendors will, upon the completion of the sale of all the lots to which the same relate, be delivered over — such of them as relate exclusively to any lot to the purchaser of such lot, and such as relate to lot 1 and another lot or lots to the purchaser of lot 1, but the purchaser of lot 1 shall, if required in that behalf, enter into covenants for the production of the deeds and muniments of title relating to any other lot or lots which shall be delivered over to him as aforesaid, or any of them, with the respective pur- chasers of the other lots to which the same relate ; any such cove- nant to be determinable upon the deeds and muniments of title to which the same relate being parted with to any person or persons undertaking to enter into a like covenant with the person or persons then entitled to the benefit of the original covenant, and every such covenant, whether original or substituted, to be prepared by and at the expense of the respective covenantees. (d) On sale of reversionary leasehold (See Form 249): — Under the will of the testator J. N., his sister S. N. is entitled for her life to the whole of the improved and other rents of all the lots ; The vendor, who is the executor of the said testator, will there- fore retain the original lease and the counterparts of the under- leases during the life of the said S. N. ; On her death the counter- parts of the under-leases will be delivered to the several purchasers, but the vendor reserves the power to make such arrangements with regard to the original lease as the Judge may approve ; And he will not enter into any covenant for the production in the meantime, either of the original lease or the under leases. (c) Want of deed: — As regards the hereditaments held under the lease of the 1st day of October, 1843, referred to in the particular of Lot 1, T. T., one of the lessees, left this country for america in the year 1846, having sold his fifth share to his partners, the other lessees (being the plaintiff' and two of the defendants in this suit and another), and such share hath since been quietly enjoyed accord- ingly, but the vendors have only the draft deed of assignment 292-294. PAETICULAKS AND CONDITIONS OF SALE. prepared on the occasion of the sale aforesaid, and they are unable to show that any deed of assignment by the said T. T. was ever executed; The purchaser of lot 1 shall be entitled, at his own expense, to a declaration as to the facts last hereinbefore stated, and he shall not be entitled to require an assignment by the said T. T., or to make any objection or requisition to or in respect of the title by reason of the want of such assignment, but shall be bound to assume that the interest of the said T. T. became eflfectually vested in the co-lessees with him under the said inden- ture of lease. Note : — As to the purchaser's right to deeds, attested copies, covenants for title, &c., See Dart, 357-8, 439-442 ; Sugd. V. & P. 433-46-53 ; 1 Davidson, 522, 536 ; Seton, 1200; Smith's Comp. 813. 292. Dower: — The purchasers shall assume that every former owner of any part of the property whose wife or widow (if any) might be entitled to dower and is not mentioned in the title, was unmarried at the time when he died, or ceased to be such owner. Note : — As to dower before and since 3 & 4 W. 4, c. 105, See L. C. Conv. 42-53, 826-9 ; Sugd. Stat. 244-7-255 ; Sugd. V. & P. 454-8; Sngd. Pow. 966; Dart, 821 ; Lewin, 731 ; And for a collection of orders relating to dower. See Seton, 271-4 ; And see Id. 1340. 293. Easements : — The several lots are sold subject to all existing rights of way, and drainage, and other easements, quit-rents, drainage rates, and other similar outgoings, whether noticed in these particulars and conditions or not. Note : — As to rights of way and other easements, See L. C. Conv. 106-133, 829- 832 ; Add. Wrongs, 827 ; Sugd, Stat. 161-183 ; Sugd. V. & P. 25, 840 ; Dart, 74, 242-5, 695, 822 ; Woodfall, 602, 1075, 6, 1101 ; Dixon, ii ; Id. Appx. iii ; W. P. E. P. 295, 410; And see Forms 262, 305. 294. Expense of additional evidence : — If the purchasers may consistently with these conditions require, and shall require, an abstract or the production or inspection of, or any covenant for production of any deed, copy of court roll, or other document not in the possession of the vendors — or any office, attested, or other copy of or extract from any court rolls, or any deed, will, or other document, whether in the vendors' possession or not — and whether for the purpose of verifying or completing the abstract, or of accompanying the title or otherwise — or any affidavit, statutory declaration, certificate, or other evidence not in the vendors' possession, as to seisin, possession, pedigree, identity of parcels, or as to the customs of the manor of which the said custo- mary lands are held — or any other matter (including any such affidavits or declarations as are to be accepted by the purchaser under these conditions) — or any further evidence or information as to the said suit PAETICULAES AND CONDITIONS OF SALE. 295-297. than an abstract or copy of the bill and subsequent orders — the expense of complying or endeavouring to comply with any or every such requi- sition shall be borne by the purchaser requiring the same. Note:— See Dart, 105, 751 n (t). 295. Expenses of ezamination of documents: — All expenses of and incident to the examination or comparison of the abstract with the abstracted deeds or other documents, or with copies or extracts thereof, wherever the same may be, or other verification of the abstract by or on behalf of the purchasers (including journeys), shall be borne by the respective purchasers. Note:— See Sugd. V. & P. 429-432; Dart, 101, 267-8; 1 Davidson, 488-9. 296. Identity of parcels: — If any doubt shall arise as to the identity of the parcels as described in the title-deeds with the descrip- tion in the above particular, a statutory declaration by a person acquainted with the property that the possession or receipt of the rents has accompanied the title as shown by the abstract for the last 20 years' shall be deemed conclusive evidence of such identity. Note:— See Sugd. V. & P. 26; Dart, 99 ; 1 Davidson, 491-3. 297. Insurance : — (a) The purchaser of each lot shall pay to the vendor a propor- tionate part of the annual premium and duty paid by the vendor for the current year's insurance against fire of the lot purchased by such purchaser, such proportion to be computed from the day of , 186 — . (b) Another Form : — The premises comprised in the four lots have been insured by the vendors against fire, up to 25th December, 1866, by one and the same policy, in the following sums, that is to say, lot 1 in £50, lot 2 in £60, lot 3 in £300, and lot 4 in £450 ; It is intended that the respective purchasers shall have an assign- ment of the respective sums for which their respective lots are insured, and in consideration thereof it is stipulated that the re- spective purchasers shall, in addition to their purchase-monies, pay, as the value of the benefits to be received by them, into the bank, to the credit of this cause, with their respective purchase- monies, as provided by the sixth condition, the following sums, that is to say, the purchaser of lot 1, the sum of 12s. ; the pur- chaser of lot 2, the sum of \2s. ; the purchaser of lot 3, the sum of £8 10s. ; and the purchaser of lot 4, the sum of £5 5s. Note : As to the person entitled to an existing fire policy, See Dart, S31 j As to the liability of the vendor to keep up the insurance of a leasehold till completion, See Dart, 164 ; Seton, 1209; And as to fire insurance generally, and the assignment of fire policies, See Add. Cont. 549-556. 298-299. PAETICULAKS AND CONDITIONS OF SALE. 298. Land tax redeemed :— The property (Or, lot one, ^-c), is believed to be free from land tax, but the purchaser shall not require any other evidence of redemption than a declaration by a competent person that no land tax has been paid for twenty years last past. Note : — See Form 259 ; As to ihe land tax generally, and the mode of procarlng, and the proper evidence of its redemption, See Woodfall, 439-443 ; And see Sugd. V. & P. 322-3, 851-2 ; Dart, 238, 551. 299. Lease :— (a) Indemnity to vendor : — The respective purchasers shall, by the respective assignments to them, enter into the usual covenants for paying and performing and observing the rents, covenants, and conditions of the respective leases, and indemnifying the vendors and the estate of the said J. S. therefrom, and if required by the vendors, either execute and deliver to the vendors duplicates of such assignments, or execute and deliver to them a separate deed containing such covenants; such duplicates or sepa- rate deeds to be prepared by and at the expense of the vendors. (ft) Lessors' title : — The purchasers shall assume that the lessors in the said leases respectively were well entitled to grant the same, and not make any objection or requisition in respect of their title or by reason of such title being derived under or dependent upon any superior lease or leases, or of the said leases, or such superior lease or leases, comprising other property. {And see Form 309 (c).) (c) License to assign: — As the leases of the of , 18 — , and of , 18 — , mentioned in the particulars of sale, impose restrictions on alienation without license, the sale shall be conditional on the vendors being able to obtain any licenses re- quired by the terms of the respective leases under which the property is held, and the purchaser siiall in no case be entitled to complete as to part only of any lot sold. (rf) The like : — The vendors shall use all reasonable diligence in obtaining any necessary license or licenses to assign, but shall not be bound to pay any consideration for any such license, and if the vendors shall riot succeed in obtaining such license or licenses, the contract shall be void, and the vendors shall return to the pur- chaser his deposit, but without any interest, costs of investigating the title, or other compensation or payment whatsoever. (e) The like : — The purchaser shall if required by any person or persons granting any license to assign, execute a deed of covenant and defeazance in the usual form, reviving the covenants and conditions relating to the premises, and shall by such deed per- sonally covenant for himself, his heirs, executors and adminis- trators, with the person or persons entitled to the reversion (as such covenantee or covenantees shall be designated by the person PARTICULARS AND CONDITIONS OF SALTS. 299. or persons granting the license) for the observance and performance of such covenants and conditions. {But see note.) (/) Notice of Contents : — Inasmuch as the said leases and the counterparts of the under-leases, or copies thereof, may be inspected for ten days immediately preceding tlie day of sale, by intending purchasers, at the office of Mr. C. D., situate at , the pur- chaser shall be deemed to buy with full notice of, and subject to the contents and effect of, such respective instruments, whether he shall make such inspection or not, and notwithstanding any error or omission in the statement thereof in the particulars ; The pur- chasers shall also be deemed to buy with full notice of the state and circumstances of the property, as regards repairs, fire insurance, and all other matters. (g) Performance of covenants : — The production of the receipts for the rents which last accrued due under the said leases respectively, or other satisfactory evidence of the payment thereof, shall be accepted js conclusive evidence that all the covenants and con- ditions of such leases respectively, as well as of any prior or superior lease or leases, have been fulfilled, or all breaches (if any) of such covenants and conditions or any of them (whether ap- pearing by the abstract or otherwise or not), effectually waived, down to the time of completion of the purchase, and that the said leases respectively are then valid and subsisting. (A) Surrender of former leases : — With respect to any lease ex- pressed to be surrendered on the grant of a new lease, the purchaser shall assume such surrenders to have been duly made, and that on the grant of such new lease no legal or equitable interest in the old lease remained outstanding. (i) Lease from ground landlords at a fixed sum (^ee Form 250): — Each purchaser, on payment of the amount of his purchase-money into the bank as aforesaid, shall be entitled to call for a lease or leases direct from the ground landlords, of the lot or lots purchased by him ; such lease or leases, and the counterpart or counterparts thereof, to be prepared by the vendor's solicitors at the expense of the purchaser, the costs of each such lease of one lot, and the counterpart thereof, to be the sum of £10, exclusive of stamps and parchment, and the surveyor's charges for the plan (the charges for such plan not to exceed one guinea for each lot), and in case more than one lot be included in one lease, the additional sum of £2 2s. to be paid for each additional lot included in such lease. Note: — As to: the title to be shown on the sale of a lease, See Dart, 91, 2 — the conditions usually requisite on such sale, Id. 107-9— notice of contents to intending purchasers, Id. 5S, 74-6— covenants to be entered into by vendor and purchaser. Id. 300-301. PAETICFLABS AND CONDITIONS OP SALE. 351, 9, 360 — and the rule as to the preparation and costs of a lease, Id. 465 ; And see Sugd. V. & P. 852 ; Woodfall, 235-240 ; 1 Davidson, 475, 481 ; Seton, 1369-70. As to the indemnity to an executor on sale of lease granted to his testator. See Sugd. V. & P. 109 ; Dart, 769 ; Seton, 197 ; And as to licenses to assign, See now 22 & 23 V. u. 35, ss. 1-2, in Morgan, 277, 8; Sugd. Stat 310-11; Sugd. V. & P. 500. 300. Manorial customs: — The respective purchasers shall be deemed to buy with full notice of the customs of the manor of which the (copyhold) lots are parcel, and shall not make any objection or requisition on the ground of waste committed by or in respect of any building or otherwise. Note: — See Dart, 74 ; Aid Forms 241, 5. 301. Mortgage — Eight of redemption. — (a) Sale free: — The title of the vendors to lot 3 is founded on an indenture of mortgage for a term of 500 years, dated 24th of January, 1818, under which the late testator W. W. and his re- presentatives have been in possession or receipt of the rents for upwards of twenty years, without any recognition of the right of redemption ; The vendors will at their own expense furnish to the purchaser a statutory declaration of such possession, and the pur- chaser of lot 3 shall accept the same as conclusive evidence of the extinction of the right of redemption under the said mortgage of 1818. (b) Another Form : — More than forty years since two executors and trustees of a will, who were mortgagees for a term of years, took a release of the equity of redemption, in extinction of the mortgage debt, and more than thirty years since they realised the property by a sale ; and it shall be assumed that they had power to do so, and the vendors shall not be required to show what were the interests of certain other persons who joined in the sale. (c) Sale subject: — The vendors and those under whom they claim have been for years in possession of the property described in the particulars under an indenture of mortgage dated the day of , 18 — , for securing £500 and interest; The fact of such possession may be proved by declaration (if required) at the pur- chaser's expense; and the purchaser shall not require any evidence of the state of the account between the vendors, as mortgagees, and the persons, if any, who may be entitled to the equity of redemption. (d) Mortgagor's concurrence : — The sale of lots and being made under an absolute power of sale vested in the vendors, the concurrence of the mortgagor in such sale, or in the conveyance to the respective purchasers, shall not be required. Note : — As to when the mortgagor is barred in equity. See Sugd. Stat 93, 111-8, 481 ; Fisher, 754 ; 2 L. C. Eq. 886-891 ; Seton, 321, 463, 1394; And see Form 263. PABTICULAKS AND CONDITIONS OF SALE. 302-305. As to the right of the mortgagee to pursue all his remedies at once, See Fisher, 144 ; 2 L. C. Eq. 882 ; And to assign his mortgage without the concurrence of the mortgagor, Id. 879. As to a sale by the mortgagee under a power, and herein of previous notice to the mortgagor, and dispensing with his concurrence, See Sugd. V. & P. 65-9, 858 ; Dart, 858; Fisher, 758, 9. As to a mortgagee's powers under 23 & 24 V. c. 145, ss. 11-24, 31-5, in Morgan, 312-6, 9-322, See Sugd. Stat. 30ii-7 ; Sugd. Pow. 880-3. And see note to Form 196. 302. Outstanding terms:— The purchasers shall not require any assignment or surrender of any term or terms of years appearing to have been assigned to attend the inheritance, or to have beeti satis- fied, or to have been treated as attendant or satisfied, nor any deduc- tion of title thereto, nor make any objection or requisition in respect thereof. Note : — As to satisfied terms. See 8 & 9 V. c. 112; Sugd. Stat. 38-42, 276-282; Sugd. V. & P. 496-7, 616-26; Dart, 191, 216 (n), 329-31, 716 (n) ; 1 Davidson, 404, 640; W. P. R. P. 380-1. 303. Power of attorney:— The purchaser of lot 1 shall not object that the equitable owner of an individual share of a part of this lot sells and executes a purchase deed, dated the 4th day of august, 1821, by attorney, an attested copy of which power of attorney is annexed to the deed, and the purchaser shall not be entitled to object because the original power cannot be produced. Note:— See Sugd. V. & P. 417, 563; Dart, 791 ; And 22 & 23 V. c. 35, s. 26, in Morgan, 288. 304. Proceedings in suit to be conclusive : — (a) All instruments, facts, and matters found, proved, admitted, cer- tified or proceeded upon in the above-mentioned cause shall be deemed thereby conclusively evidenced. (6) Under the settled estates acts : — The respective purchasers are to accept the order of this court directing the sale (a copy of which will be contained in each abstract of title) as conclusive evidence that the requirements of the Act 19 & 20 Vict. c. 120, have been complied with. Note :— See Dart, 751, n. (t) ; 1 Davidson, 507 ; Sugd. V. & P. 108 ; 19 & 20 V. K. 20, s. 28, in Morgan, 262. 305. ftuit rents: — The several lots are sold subject to such chief or quit rents and other incidents of tenure as the same are subject or liable to, whether noticed in the particulars or not ; and the purchasers 306-309. PAETICULAES AND CONDITIONS OF SALK. shall not make any objection or requisition in respect thereof, or in relation thereto respectively. Note : — See Dart, 74. 306. Recitals to be conclusive: — The purchaser shall accept all recitals, statements, and allegations in any abstracted deed, will, or other document, dated twenty years or more prior to the day of sale, as sufficient evidence of the instruments, facts, matters, or things recited, stated, or alleged; An affidavit purporting to be made in the year 1833, by the widow of a former owner of the property, as to certain matters of pedigree and other matters, shall be relied on, by the purchaser of lot 2, as sufficient evidence as to any matters therein stated which are not otherwise sufficiently proved according to these conditions. Note-.— See Sngd. V. & P. 21 ; Dart, 95, 237, 875; 1 Davidson, 490-1. 307. Registry of Deeds : — The purchaser shall not make any objection or requisition in respect of any deed, will, or other instru- ment which may not appear to have been registered in the middlesex registry. Note: — As to protection from unregistered deeds, &c., See Sngd. V. & P. 726- 733 ; Dart, 877. 308. Rescinding contract : — If any purchaser shall make any valid objection, or requisition, which the vendors may be unable to remove or comply with, such purchaser may be discharged from being purchaser by an order of the said Judge; and, notwithstanding inter- mediate negotiations, such purchaser shall (be entitled to a return of his deposit, but shall) not (unless the said Judge shall otherwise direct) be entitled to any interest, costs, expenses, or damages in respect of his purchase. Note: — As to rescinding a contract, See Sugd. V. & P. 39, 66, 242-256, 871 ; Dart, 101-3, 880 ; 1 Davidson, 459, 552 ; 7 W. R. 73, 148. 309. Root of title :— (a) The title to the property will commence as follows : As to the beneficial interest in such part as is comprised in the lease of 1837, with a mortgage deed, dated in 1795 ; and as to the bene- ficial interest in such part as is comprised in the lease of 181.5, with a purchase deed dated in 1818; and as to the legal estate in the same parts, with such leases respectively ; As to the copy- hold part, with two several purchase deeds, dated respectively in 1817 and 1823 (the recitals wherein apparently carry the title back to 1791), and the surrenders and admissions pursuant to such purchase deeds respectively ; And as to the freehold part, with a purchase deed dated in 1817. — The purchasers shall accept such commencements respectively as good roots of title, and not make any objection or requisition in respect of any title prior to PAETICULAKS AND CONDITIONS OF SALE. 309. such commencements respectively, notwithstanding any recital or notice in any of the said deeds, or in any contemporaneous or subsequent instrument, or other disclosure, of any such prior title ; and the purchasers shall not be entitled to call for the production of, or make any objection or requisition in respect of, any lease or leases prior to the said leases of 1837 and 1815 respectively, or in respect of any surrender or surrenders of any such prior lease or leases, or otherwise in relation thereto. — Subject, however, to the foregoing stipulations, the purchasers may, at their own expense, be furnished with an abstract of the prior title, so far as any docu- ments in the vendor's possession may enable him to furnish such abstract, but no verification of such abstract shall be required. (J) Another Form: — The abstract of title shall commence with a recovery deed or indenture of bargain and sale dated the 15th day of March 1804, and the recovery pursuant thereto, and except as after mentioned, no purchaser shall be entitled to require the pro- duction of the earlier title ; But if any purchaser shall be desirous of investigating the earlier title, and shall, within fourteen days after the certificate of his purchase has become binding, give notice in writing at the office aforesaid of such desire, he shall be at liberty to do so, and the vendors will thereupon, with all convenient speed, make and deliver to such purchaser an abstract of the earlier title, and the time allowed to such purchaser for making objections or requisitions as aforesaid shall commence from the actual delivery of the entire abstract of title, but the expense of such abstract as aforesaid of the earlier title, and all the expenses of and attending the investigation of the said earlier title, shall be borne by the purchaser who shall require as afore- said to investigate the same. {And see Form 281 .) (c) Another Form : — The abstract of title to the several leasehold properties constituting lot 1, and to the leasehold lots 2, 4, and 5, shall commence with the leases and agreement under which the same premises, as mentioned in tlie particular, are respectively holden, and the purchasers of the said lots respectively shall not be entitled to require the production of, or to investigate the titles of, the lessors of the said leases, or of the person agreeing to grant such lease as in the same agreement is mentioned, nor to require the production of, or to investigate tlie title of, the several persons consenting, or to consent, to an assignment of the said leases or any of them to the respective purchasers, or to whom notice of such assignment ought to be given, but shall accept as conclusive evidence of the title of the persons consenting, or to consent as aforesaid, or to whom notice of such assignment ought to be given, the declaration by the vendor that the same persons respectively are the persons in receipt of the rents and royalties under the said leases respectively. {And see Form 299 (J), (c), (rf).) 310-312. PAKTICULAES AND CONDITIONS OF SALE. (d) Another Form : — Under a contract entered into with the ground landlords, the vendor is entitled to have leases of the several lots granted by the ground landlords direct to the respective pur- chasers, at the rents and for the term of years stated in the particulars ; The said contract may be inspected at the office of the vendor's solicitors, the said Messrs. S & R., at any time within ten days prior to the day of sale, and every purchaser shall be deemed to have purchased with notice of the contents thereof ; and the abstract of title to be delivered to the purchasers shall commence with the said contract, and no objection or requisition shall be made in respect of any earlier or other title, but it shall be assumed, without proof, that the ground landlords had full power to enter into the said contract, and to grant leases in pur- suance thereof. (And see Forms 250, 299 (i).) Note : — As to the root of title, see note to Form 237. 310. Sheep walk: — The several lots have attached to them the respective sheepwalks stated in the particulars, but the sheepwalks are not particularly mentioned in the deeds, and the respective purchasers will take such title thereto as the vendors can give. Note:— See Form 264 ; Sugd. V. & P. 312 ; Dart, 689. 311. stamp, want of; — (a) No objection shall be made to any deed or document on account of its being unstamped ; but such deed or document shall be accepted by the purchaser as valid in all respects without stamp, (b) Another Form : — If any purchaser shall require a stamp to be impressed on any document, the same shall be done at his own expense. 312. Tenants' rights:— (a) The tenants of the respective farm-houses and homesteads comprised in lots 1, 2, and 3, are entitled to use their barns and yards for housing, bestowing, and threshing their crops, and also to use their respective farm-houses (doing no damage or spoil thereto), until the 25th day of March, 186- — , without payment of rent for the same ; The tenants of all the lots are also entitled to sell off all the hay, straw, dung, and manure, and other agricultural produce from their respective farms and lands. (6) Another Form : — The several lots are sold subject to all existing tenancies, and to the payment of the usual tenants' rights of out- going tenants (if any). Note:— See Sugd. Y. & P. 548; 1 Davidson, 448; Woodfall, 518, 565, 8, 573, 4; Dixon, 1, 247. PAKTICULAES AND CONDITIONS OF SALE. 313-316. 313. Vesting order : — (a) The legal estate in the property being vested in the infant defendant A. B., such legal estate shall be vested in the purchaser by an order in this cause to be made for that purpose, and to be obtained at the cost of the purchaser. (6) Another Form : — The legal estate of (one of the four undivided fifth parts comprised in) lot 3 being vested in infants, the pur- chaser shall not be entitled to require any conveyance of such legal estate otherwise than by a vesting order, to be applied for and obtained in all respects at his expense. Note: — As to vesting orders, See Form 380. Veeification of copies — Adteetisement op sale. 314. Certificate verifying draft copy conditions. (Short title.) I certify the foregoing [Or, within] to be a true copy of the draft conditions of sale, as settled by Mr. A., the conveyancing counsel in this matter and (or) cause. C. D., Plaintiff''s [_0r, petitioner's] solicitor {_0r, agent] 186 — . Note : — This certificate is usually required when a fair copy of counsel's draft, instead of the original, is left at the Judges' chambers, See 1 Smith, 998. 315. The like of duplicate prints of the particulars and conditions. (Short title.) I certify the foregoing [Or, within] to be a correct print of the particulars and conditions of sale, as settled at the chambers of the Master of the EoUs [ Or, Vice-Chancellor ] in this matter and (or) cause. C. D., Plaintiff's [Or, petitioner's] solicitor \_0r, agent] 186 — Note.— See 14 Judges' Reg., in Appendix B; Bloxam, 4, 42; Morgan, 699; 1 Smith, 999 ; Ayckbourn, 493. 316. Advertisement of intended sale. To be sold, pursuant to a decree ^Or, order] of the high court of chancery made in the matter of , and (or) in a cause of A. v. B. 317. PAETICITLAES AND CONDITIONS OF SALE. with the approbation of the Master of the Rolls [Or, Vice-Chancellor ], in lots, by Mr. A. B. the person appointed by the said Judge, at the Inn, at , in the county of , on the day of , 186 — , at o'clock in the noon precisely, certain freehold (copyhold — Or, leasehold) estates, situate at , in the county of , late the property of G. H., of , deceased, and now in the occupation of Mr. K. L. ; Particulars whereof may be had gratis of Mr. C. D., of , Solicitor, of Mr. E. F., of , Solicitor, of the said Mr. A. B., at and at the said Inn. X. Y., Chief Clerk. Let this advertisement be "I inserted in the London Gazette. _f X. Y. Note: — This form was in use in the Masters' offices — See 2 Grant, 449 — and has been generally adopted in the chambers of the Judges. It is, however, frequently objected to in practice, and the following is suggested as a substitute. 317. Another form. (Esher, Surrey.) ■ Mr. (John Thomas) has been appointed by the Master of the Rolls [Or, Vice-Chancellor ] to sell by auction, at (the auction mart, Bartholomew Lane, in the City of London), on (Tuesday) the (3rd) day of (November 1863), at (twelve for one) o'clock in the (after) noon, in (four) lots, pursuant to an order of the High Court of Chancery made in the matter of (John Jones' Estate), and (or) in the cause of (Jones against Brown), a freehold estate {S^c, Insert a concise summary of the property to be sold ; As a rule, the introductory page of the particulars and conditions will be sufficient and proper for this purpose — See Form 238). Printed particulars and conditions of sale may be had, gratis, of (^c, as in the introductory statement). X. Y., Chief Clerk. Let (^•c., Form 316). Note:— As to advertisements generally, See 35 C. O., rr. 35, 36, in Appendix Aj Morgan, 538 ; And as to advertisements of sale, See Sugd. V. & P. 98 ; 1 Smith, 998, 9 ; Daniell, 926 ; Ayckbourn, 492. 318-319. V. RESERVED BIDS. 318. Sketch of affidavit as to reserved bids — one lot. Tn Chancery. {Title.) I, A. B., of (address), land valuer (and auctioneer), make oath and say as follows : — 1. I have recently made a survey of the estate advertised for sale in this matter and {or) cause, and described in the particulars marked A.- now produced and shown tp me {Exhibit a print of the particulars). 2. The amount stated as the value of the said estate in the paper writing marked B., now produced and shown to me {See Form 319;, is, to the best of my judgment and belief, the true value thereof, and the amount stated in the said paper writing marked B. as the reserved bidding is, to the best of my judgment and belief, the reserved bidding to which the sale of the said estate ought to be subject. Sworn {Spc, Form 16). Note: — See Form 15 ; And see 13 Judges' Reg., in Appendix B ; Bloxam, 4, 41 ; Seton, 1186; 1 Smltli, 998; Ayckbourn, 493; Sugd. V. & P. 96, 8; Daniell, 926; Morgan, 698. For tables and rules for calculating the value of freehold, copyhold, leasehold, and other species of property, in possession, reversion, or contingency, See Willich's Tables, 1-59, ed. 2 ; Rouse's Practical Man, 385-409, ed. 8 ; Woodfall, 245-250 ; And of enfranchisement of copyhold property from the lord's various rights. See Rouse's Copyhold Enf. Man. 63-122. 319. Valuation (B.) referred to in Form 318. B. In Chancery. {Short title.) This paper writing marked B. was produced and shown to A. B., and is the same as is referred to in his affidavit sworn in this matter and (or) cause this day of , 186 — , before me, {Signature of Officer, Sfc.) The sum of £ is the value of the estate advertised for sale in this matter and {or) cause. The sum of £ is the amount of the reserved bidding to which the sale of the said estate ought to be subject. A. B. 320-321. EESEKVED BIDS. 320. Sketch of affidavit as to reserved bids — several lots. In Chancery. ( Title.) I, A. B., of {address), land valuer (and auctioneer), make oath and say as follows : — 1. I have recently made a careful survey of the estates described in the particulars marked C, now produced and shown to me {Exhibit a print of the particulars), and I have, with the view to the sale of the said estates, divided the same into the several lots the numbers of which are set forth in the first column of the paper writing marked D., now produced and shown to me {See Form 321). 2. The respective sums set forth in the second column of the said paper writing marked D., are, to the best of my judgment and belief, the true values of the respective lots the numbers of which are set forth in the first column of the said paper writing opposite to such respective sums, 3. The respective sums set forth in thfi third column of the said paper writing marked B., are, to the best of my judgment and belief, the reserved biddings to which the sale ought to be subject of the respective lots the numbers of which are set forth in the first column of the same paper writing opposite to such respective sums. Sworn {Sfc, Form 16). Note : — See note to Form 318. 321. Valuation (D.) referred to in Form 320. D. In Chancery. {Short title.) This paper writing marked D. was produced and shown to A. B., and is the same as is referred to in his affidavit sworn in this matter and {or) cause this day of , 186 — , before me, {Signature of Officer, ^c.) Number of Lot. Value. Reserved Biddings. 1 2 3 £ £ A. B. SECURITY FOB DEPOSITS. 322-324. 322. Note of reserved bids — one lot. The Master of the Rolls "j [Or, Vice-Chancellor ], |- {Short title.) at chambers. ' J The reserved bidding fixed by the Master of the Rolls [Or, Viee- Chancellor ] to which the sale ia this matter and (or) cause is to be subject is the sum of £ . X. Y., Chief Clerk. Note:— See Forms 269 and 328 j And see Sugd. V. & P. 98 ; 1 Smith, 1000 j Ayckboura, 493, 323. Note of reserved bids — several lots. The Master of the Rolls I [Or, Vice-Chancellor ], J- {Short title.) at chambers. J The reserved biddings fixed by the Master of the Rolls [ Or, Vice- Chancellor ] to which the sale in this matter and (or) cause is to be subject are as follows, viz : — For Lot 1 £ Lot 2 £ Lots £ Lot 4 1 £ X. Y., Chief Clerk. Note: — See note to Form 322. VL SECURITY FOR DEPOSITS. 324. Becognisance to account for deposits. g-'ilj A. B., of {address and addition), and C. D., of {address 1 ^ and addition), before our Sovereign Lady the Queen s g in Her High Court of Chancery personally appear- J* § ing, do acknowledge themselves, and each of them Oa f doth acknowledge himself, to owe to the Right « a Honorable Sir John Romilly, Knight, the Master of §1 a, the Rolls, and the Honorable Sir Richard Torin 2 I Kindersley, Knight, the senior Vice-Chancellor of ^.z, the said court, the sum of £ {usually double the M^ probable amount of deposits), of good and lawful money of Great Britain, to be paid to the said Sir N 2 : a 324. SECUEITT FOE DEPOSITS. John Eomilly and Sir Richard Torin Kindersley, or one of them, or the executors or administrators of them or one of them, and unless they do pay the same, they the said A. B. and C. D. 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, and of and from all and singular the manors, messuages, lands, tenements, and hereditaments, goods, and chattels of them and each of them, wheresoever the same shall or may be found ; Witness our said Sove- reign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, and so forth, at Westminster, the day of , in the year of her reign, and in the year of our Lord 186 — . Whereas by a decree \0r, order] of the said Court of Chancery, made in the matter of and (or) in a cause wherein B. A. is plain- tiff and C. B. is defendant {or as may he), and bearing date the day of , 186 — , It was ordered that the real estates of G. H., the testator in the pleadings named, should be sold with the approbation of the Judge (or as may he): And whereas the said estates have been ordered by the Master of the Rolls \_0r, the Vice-Chancellor ], the Judge to whose court the said matter and (or) cause is attached, to be sold on the day of , 186 — : And whereas the said Judge hath approved of the above bounden A. B. as a proper person to sell the said estates : And whereas by one of the conditions of sale approved by the said Judge it is provided that every purchaser shall at the time of sale pay a deposit of £ per cent, on the amount of his purchase- money to the above bounden A. B., the person appointed by the said Judge to receive the same : And whereas the said Judge hath directed the above bounden A. B. to give security that he will duly account for all monies to be received by him by virtue of the said condition ; and hath approved of the above bounden C. D. as surety for the above bounden A. B., and hath aslo approved of the above-written recognisance, with the under-written condition, as a proper security to be entered into by the above bounden A. B. and C. D., pursuant to the said decree \0r, order] and the consolidated general orders of the said court in that behalf ; and in testimony of such approbation the chief clerk of the said Judge hath signed an allowance in the margin hereof. Now the condition of the above-written recognisance is such, that if the above bounden A. B. do and shall duly account for all and every the sums and sum of money which he shall receive on account of the purchase- monies of the said estates, or any part thereof, and do and shall duly pay tlie same in such manner and at such time as the said Judge hath directed or shall hereafter direct, then the above recog- SECURITY FOR DEPOSITS. 325-327. nisance shall be void and of none effect ; Otherwise, the same is to be and remain in full force and virtue. \ -D (" Taken and acknowledged by the above-named p" -p.* i A. B. and C. D., at , in the county of I , this . day of , 186 — before me, M. N. {4-c., Form 16). Note: — If two or more sureties are required, the above Form must be varied accordingly, See Form 389 ; The recognisance must be engrossed on parchment, on a 35s. deed stamp ; It is not usually enrolled, but is retained in chambers, with the surety's affidavit, till after the sale, and is then delivered out on production of evidence (generally an office copy of the accountant-general's receipt) that the deposits received have been dulj' accounted for. And see Form 271.~ 325. Justification of surety. In Chancerv. {Title.) I, C. D., of {address and addition, as in recognisance), make oath and say as follows : — 1. I am the proposed surety on behalf of A. B., of {address and addition, as in recognisance), the intended auctioneer in this matter and {or) cause, in the penal sum of £ ■ {same sum as recognisance). 2. I am, after payment of all my just debts, well and truly worth the sum of £ {same sum as above) sterling. Sworn {Sfc, Form 16). Note :— See Form 15 ; And note to Form 324. 326. Memorandum of allowance of recog^sance. {Short title.) , 186—. The Master of the Rolls [Or, Vice-Chancellor J, the Judge to whose court this matter and (or) cause is attached, hath approved of and allowed this recognisance. X. T., Chief Clerk. Note: — This memorandum should be written in the margin of the first page of the recognisance ; See Form 389. 327. Summons to deposit money in court in lieu of recognisance. In Chancery. {Title.) {Commence as in Form 7), on the hearing of an application on the part of (the plaintiff, that) A. B., the person appointed to sell the 328. DinECTioNS to auctioneek. estates directed to be sold by the decree [ Or, order] dated the day of , 186 — , (that he may) be at liberty, on or before the day of , 186 — , to pay into the bank to the credit of this matter and (or) cause, " Security for deposits account," the sum of £ , as security for the deposit money to be received by him from the purchasers of the said estates, pursuant to the (fourth) of the conditions of sale thereof, subject to further order. Dated (^'C, Form 7). Note : — For the order. See Seton, 1188. VII. DIEECTIONS TO AUCTIONEEK. 328. Directions where a bidding is reserved. The Master of the KoUs "1 [Or, Vice-chancellor ], j- 186—. at chambers. J (Short title.) Mr. A. B., the person appointed to sell the estates advertised for sale in this matter and (or) cause, is requested to attend to the following directions : — X. Y., Chief Clerk, The sale is to be conducted in accordance with the accompanying printed particulars and conditions signed by the chief clerk ; This print is to be carefully preserved, and returned to the Judge's chambers with the affidavit of the result of the sale (See Forms 332-5). The sale is to be subject to the reserved bidding specified in the accompanying note (See Forms 322, 3). This note is not to be opened till the time of sale ; The reserved bids are 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 sell is to declare that such lot is not sold, but has been bought in on account of the persons interested in or entitled to the property. The accompanying bidding-paper is to be carefully filled up (See Forms 330, X). 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, oppo- site the number of such lot ; When, although there is a bidding, the DIRECTIONS TO AUCTIONEEK. 329. lot is not sold, the words " not sold " are to be written in the third column. The purchasers are to sign their names in the third column, and any person who purchases as agent for another must so sign, other- wise he must be treated as the purchaser ; The purchaser's address and quality are to be fully stated in the fourth column ; When the purchaser's signature is not plain, or initials are used, a note must be put at the foot of the bidding-paper as follows : — " The name of the purchaser of lot is " (here insert the name in full, and plainly'). Note:— See 1 Smith, 1000; Sugd. V. & P. 98 j Dart, 752 ; Ayckbourn, 494; As to a bidding by an unauthorised person, See Sugd. V. & P. 99, 120 ; 1 Davidson, 504. 329. Directions where no bidding is reserved. The Master of the Rolls T [Or, Vice-ChanceUor ], V , 186— at chambers. J {Short title.) Mr. A. B., the person appointed to sell the estates advertised for sale in this matter and (or) cause, is requested to attend to the following directions : — X. Y., Chief Clerk. The sale is to be conducted in accordance with the accompanying printed particulars and conditions signed by the chief clerk; This print is to be carefully preserved and returned to the Judge's chambers with the affidavit of the result of the sale {See Forms 332-5). The accompanying bidding- paper is tb be carefully filled up (Aee Forms 330-1). . ^ . , , 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 number of such lot. The purchasers are to sign their names in the third column, and any person who purchases as agent for another must so sign, otherwise he must be treated as the purchaser; The purchaser's addi;ess and quality- are to be fully stated in tlie fourth column ; When the purchaser s signature is not plain, or initials are used, a note must be put at the foot of the bidding-paper as follows : — ., . , " The name of the purchaser of lot is " {here insert the name m full, and plainly). Note:— See note to Form 328. 330-331. VIII. BIDDING PAPERS. 330. Bidding-paper — one lot. In Chancery. (B.) ( Short title.) This bidding-paper, marked B., was produced and shown to A. B., and is the same as is referred to in his affidavit sworn this day of , 186 — , before me, (^Signature of Officer, Sfc") I, R. S., of {address and addition), bid at the sale by auction in the above matter and (or) cause, on the day of , 186 — , the sum of £ for, and became the purchaser of, the property specified in the particulars produced at such sale, subject to the conditions also produced at such sale. R. S. Note :— See Forms 270, 334; And see 1 Smith, 1001; Sugd. .V. & P. 99; Ayckbourn, 494 ; Daniel), 927 ; Dart, 752 ; 1 Davidson, 504. 331. Bidding-paper — several lots. In Chancery. (B.) {Short title.) This bidding-paper, marked B., was produced and shown to A. B., and is the same as is referred to in his affidavit sworn this day of , 186 — , before me, ( Signature of Officer, SfC.) We, whose names are hereunder subscribed, respectively bid at the sale by auction in the above matter and {or) cause, on the day of , 186 — , the sums set opposite to our respective names for, and became the purchasers of, the respective lots specified in the particulars produced at such sale, the numbers of which are set opposite to our respective names, subject to the conditions also produced at such sale. No. of Lot. Amount of highest bidding. Signatures of the purchasers of the lots sold Purchasers' address and quality. 1 2 3 Note :— See note to Form 330, 332-333. IX. RESULT OF SALE. 332. Auctioneer's affidavit of no sale — one lot. In Chancery. {Title.) I, A. B., of (address), auctioneer, the person appointed by the Judge to whose court this matter and (or) cause is attached to sell the estate comprised in the particulars hereinafter referred to, make oath and say as follows : 1. I did at the time and place, and subject to the conditions specified in the particulars and conditions of sale, marked A., now produced and shown to me, put up for sale by auction the estate described in such particulars. 2. The sum of £ was the highest sum bid for the said estate, and the said estate was therefore not sold, the said sum being less than the reserved bidding fixed by the said Judge. Or if there was no bidding, substitute for paragraph 2 thefollowing : — 2. No person bid any sum whatever for the said estate. 3. The said sale was conducted by me in a fair, open, and candid manner, and according to the best of my skill and judgment. Sworn (SfC, Form 16). Note: — See Form 15; And see 15 Judges' Reg., in Appendix B; Bloxam, 42; Seton, 1186; 1 Smith, 1001; Sugd. V. & P. 100; Ayckbourn, 495; Daniell, 928; Davidson, 505. Exhibit A must be the print signed by the chief clerk ; See Form 328. 333. The like — several lots. In Chancery. ( Title.) I, A. B., of (4-c., Form 332). 1. I did at the time and place, in the lots, and subject to the con- ditions specified in the particulars and conditions of sale marked A., now produced and shown to me, put up for sale by auction the estates described in such particulars, and the result of such sale is truly set forth in the bidding-paper, marked B., now produced and shown to me. 2. The several lots opposite to the numbers of which I have in the third column of the said bidding-paper written the words " not sold," were not sold, no person having bid a sum equal to or higher than the reserved bidding fixed by the said Judge. 3. No person bid any sum whatever for either of the lots opposite the numbers of which I have in the second column of the said bidding- paper written the words " no bidding." 334-335. EESULT OF SALE. 4. The said sale was conducted by me in a fair, open, and candid manner, and according to the best of my skill and judgment. Sworn {SfC, Form 16). Note ; — See note to Form 332. 334. Auctioneer's affidavit of result of sale of one lot — ^where a sale effected. In Chancery. (Title.) I, A. B., (Sfc, Form 332). 1. I did at the time and place, and subject to the conditions specified in the particulars and conditions of sale marked A., now produced and shown to me, put up for sale by auction the estate described in such particulars. 2. The sum of £ set forth in the bidding-paper marked B., {See Form 380), now produced and shown to me, was the highest sum bid for the said estate, and R. S., whose name is subscribed to the said bidding-paper, was the highest bidder for, and became the purchaser of, the said estate, at the said sum of £ . 3. The said sale was conducted by me in a fair, open, and candid manner, and according to the best of my skill and judgment. If deposit paid, add, 4. I have received from the said R. S. the sum of £ as a deposit in respect of his said purchase-money of £ , leaving due from the said R. S., in respect of his said purchase-money, the sum of £ . Sworn (SfC, Form 16). Note : — See note to Form 332. 335. The like — several lots. In Chancery. (Title.) I, A. B., of (SfC, Form 382). 1. I did at the time and place, in the lots, and subject to the conditions specified in the particulars and conditions of sale marked A,, now produced and shown to me, put up for sale by auction the estates described in such particulars, and the result of such sale is truly set forth in the bidding-paper marked B., now produced and shown to me (See Form 3Sl). 2. The sums set forth in the second column of such bidding-paper are the highest sums bid for the respective lots the numbers of which are set forth in the first column, opposite to such respective sums — If any lots sold, add: The persons whose names are subscribed in the third column of such bidding-paper as purchasers, were respectively the highest bidders for, and became the purchasers of, the respective EESULT OF SALE. 336. lots the numbers whereof are set opposite to such respective names in the said first column of the said bidding-paper, at the prices or sums set opposite to their respective names in the said second column thereof. If any lot bid for hut not sold, add : — 3. The several lots opposite to the numbers of which I have in the third column of the said bidding- paper written the words " not sold," were not sold, no person having bid a sum equal to or higher than the reserved bidding fixed by the said Judge. If any lot not bid for, add : — 4. No person bid any sum whatever for either of the lots opposite the numbers of which I have in the second column of the said bidding-paper written the words "no bidding." In every case add : — 5. The said sale was conducted by me in a fair, open, and candid manner, and according to the best of my skill and judgment. If any deposit received, add: — 6. I have received the sums set forth in the fourth column of the schedule hereto, as deposits from the re- spective purchasers whose names are set forth in the second column of such schedule opposite the said respective sums, in respect of their respective purchase-monies set forth in the third column of the said schedule opposite such names, for the respective lots the numbers of which are set forth in the first column of the said schedule opposite to such respective names, leaving due in respect of the purchase-monies set forth in the said third column the respective sums set forth in the fifth column of the said schedule. The schedule above referred to. No. of Lot. Name of Purchaser. Amount of Purchase- money. Amount of Deposit received. Amount remaining due. Sworn (Sfc, Form 16). Note : — See Judges' Reg., Form 8, in Bloxam, 22, 50; Morgan, 715 ; And see note to Form 332. 336. Chief clerk's certificate of result of sale — one lot. {Title.) In pursuance of the directions given to me by the Master of the Rolls lOr, Vice-Chancellor ], I hereby certify that the result of 337. RESULT OF SALE. the sale which has been made in pursuance of the decree [Or, order] made in this matter and (or) cause, dated the day of , 186 — , is as follows : — The plaintiff and defendant (and E. S., the purchaser,) have attended by their respective solicitors. The real estate {If so, remaining unsold) of Gr. H., the testator in the said decree '[Or, order] named (or as may be), directed to be sold, has been (again) offered for sale in one lot by public auction, with the approbation of the said Judge, subject to a reserved bidding fixed by the said Judge, and according to certain particulars and conditions of sale ; and R. S., of {address and addition), was the highest bidder for, and he is allowed by the said Judge to be the purchaser of, the said estate, at the price or sum of £ a. If a deposit has been paid: — The said U.S. has paid the sum of £ b. by way of deposit to A. B., the person appointed by the said Judge to receive the same, and who is to pay such sum of £ b. into the bank, with the privity of the accountant-general of this court, to the credit of {as in order directing sale), on or before the day of , 186 — ; and there is due from the said R. S., as the balance of his purchase- money, the sum of £ c. The particulars of the lands and hereditaments so sold as aforesaid are set forth in the schedule hereto. The schedule above referred to. ( This is usually a copy of the particulars of sale.) Dated {^c.. Form 185). Note : — For summons to take opinion of Judge — or to Tary the certificate — See Forms 187-8. For the practice in certifying the result of a sale, See Seton, 1186-7; Dart, 753, 775 ; Sugd. V. & P. 100, 1 ; 1 Smith, 1002 ; Ayckbourn, 495 ; Daniell, 929 ; Davidson, 505. As to the rights and liahilities of the parties before and after the certificate of sale becomes absolute. See Sugd. V. & P. 101, 175-200; Seton, 1187; Dart, 752, 8; Davidson, 505 ; 1 Smith, 1012. And see notes to Form 358, 361, 372. 337. The like — several lots. {Commence ai in Form 336.) The real estates of {^c.) have been (again) offered for sale in (sixj lots, by public auction, with the approbation of the said Judge, subject to a reserved bidding for each lot, fixed by the said Judge, and accord- ing to certain particulars and conditions of sale, and the several persons named in the first column of the first schedule hereto were the highest bidders for, and they are allowed by the said Judge to be the purchasers RESULT OF SALE. s.-i?. of, the respective lots set opposite to their respective names in the second column of the said first schedule, at the prices or sums set opposite to their respective names in the third column of the said first schedule. If deposits have been paid: — The purchasers have paid the several sums set opposite their respective names in the fourth column of the said schedule, as deposits, to A. B., the person appointed by the said Judge to receive the same, such sums being the amounts fixed by the said Judge to be paid as deposits by the purcliasers respectively at such sale ; and the several sums set opposite the respective names of such purchasers in the fifth column of the said schedule remain due from the said purchasers respectively as the balance of their respective purchase- monies ; The said several sums mentioned in the fourth column of the said schedule, which have been received by the said A. B., amount together to the sum of £(135), which sum of 56(135) the said A. B. is, on^ or before the day of next, to pay into the bank, with the privity of the accountant-general of this court, to the credit of {as in order directing sale). The purchaser of the lot numbered 2 is B. A., a defendant to this .suit, the order of the day of , 186—, having given him liberty to bid (^ee Form 232). No person bid for either of the lots numbered 3 and 4 a price equal to, or higher than, the sum fixed as the reserved bidding, and therefore such lots were not sold at such auction. No person bid for either of the lots numbered 5 and 6. The particulars of the lands and hereditaments comprised in the respective lots so sold as aforesaid are set forth in the second schedule hereto. The first schedule above referred to. Names and Addresses of the Purchasers. No.of Lot. Price. Deposit. Balance remaining unpaid. R. S., of {address and addition). B. A., of (address and addition). 1 2 500 850 £ 50 85 £ 450 765 1350 135 1215 The second schedule above referred to. {This is usually a copy of the particulars of sale.) Dated (^c, Form 185). Note: — For summons to take the opinion of the Judge— or to vary the certificate -See Forms 187-8. And see note to Form 336. , 338. X, SALE BY PRIVATE CONTRACT. 338. Conditional contract of sale. This Agreement, made the day of , 186 — , between A. B., of {address and addition), on behalf of the persons interested in the hereditaments hereinafter described, and who are herein- after called " the vendors," of the one part, and R. S., of (address and addition), and who is hereinafter called " the purchaser," of the other part, witnesseth as follows : — 1. The vendors agree to sell, and with all necessary parties to convey, to the purchaser, his heirs and assigns, or as he or they may direct, and the purchaser agrees to purchase of the vendors, the fee simple and inheritance in possession, free from all incumbrances, of and in all {SfC, describe the property — See Forms 240 to 266a — either here or by reference, as follows, to a schedule, the lands and heredita- ments mentioned in the schedule hereunder written), and situate in the parish of , in the county of , together with all erections, (timber), commons, easements, rights, members, and appurtenances thereto belonging or appertaining, at the price or sum of £ ; .-ub- ject nevertheless to the approval of the Master of the Rolls [ Or, Vice- Chancellor ], or other the Judge of the High Court of Chancery to whose court the matter of and {or) cause of B. v. A. is attached. 2. The vendors are, within days after this contract shall have been approved by the said Judge, to deliver to the purchaser, or his solicitor, an abstract of the title to the said property, subject to the stipulations and conditions hereinafter mentioned ; and the purchaser is within days after the actual delivery {S;c., continue as in Form 273 to the end thereof). Jf the timber is to be taken at a valuation, add, 3. The purchaser is, in addition to the said sum of £ , to pay the value of all timber and timber-like trees, tellars and pollards, if any, on the said property down to Is. per stick inclusive, the amount thereof to be ascertained by a valuation to be made in manner following, that is to say : the vendors on the one hand, and the purchaser on the other hand, of their respec- tive solicitors, are respectively, within days after this contract shall have been approved by the said Judge, to appoint by writing (^c, continue as in Form 274 to the end). 4. The purchaser is, under an order to be obtained by him — or in case of his neglect, by the vendors at the costs of the purchaser — upon application at the chambers of the said Judge, to pay the amount of his purchase-money {If so, together with the amount of the said SALE BY PKIVATE CONTRACT. 338. valuation of timber), into tlie bank (^c, continue as in Form 275 to the end thereof), 5. If any error or misstatement shall appear to have been made in the particulars of the said property herein (and in the said schedule) contained, such error (^-c, continue as in Form 276 to the end thereof — But see Forms 283 and 283a). 6. {Add such conditions respecting the title, and title deeds, as may he necessary or proper — See Forms 285-313). 7. If the purchaser shall not pay his purchase-money at the time above specified, or at any other time which may be named in any order for that purpose, and in all other respects perform the provisions herein contained on his part, an order may be made by the said Judge, upon application at chambers, for the resale, in such manner as the said Judge shall direct, of the said property, and for the payment by the purchaser of the deficiency, if any, in the price which may be obtained on such resale, and of all costs and expenses occasioned by such default. 8. The vendors will forthwith apply for, and take all usual and proper proceedings to obtain, at their own costs (or as may be), the approval of the said Judge to this contract ; And this contract shall be void unless such approval be obtained within weeks from the date hereof. As witness the hands of the said parties. (The schedule above referred to.) A. B. E. S. Witness to the signature of the 1 saidA.B. [Or, E. S.] J C. D., of [address and addition). Note : — For other precedents of agreements for sale of landed property, See 2 Davidson, 3-14. As to : the form and signature of agreements relating to land — admissibility of parol evidence to vary, annul, or explain written instruments, and to correct mistakes or frauds — the purchaser's title from the time of the contract — and other rights and liabilities arising out of contracts. See Sugd. V. & P. xii.-xT., 122-200; Add. Cont. 65-117. As to contracts by agents, and herein : of the rights and liabilities of principal and agent inter se — of the principal upon contracts by the agent — and of the agent, See Add. Cont. 586-634 ; Sugd. V. & P. 820; 6 Petersdorff, 220-43. And as to the procedure on a sale by private contract under the court, See 4 G. O. 16 July, 1851, and 35 C. O., r. 61, in Morgan, 530, 543; Seton, 1189 ; Sugd. V. & P. 55, 59, 95; 1 Davidson, 502; 1 Smith, 1002; Daniell, 943 ; Ayckbourn, 503. 339-341. SALE BY PRIVATE CONTEACT. 339. The like — by indorsement on particulars and conditions. This Agreement {Sfc, continue, as in Form 338). 1. The vendors agree to sell, and with all necessary parties to convey \_0r, assign] to the purchaser, his heirs \_0r, executors, administrators] and assigns, or as he or they may direct, and the pur- chaser agrees to purchase of the vendors, the premises comprised in (lot of) the within particulars of sale, at the price or sum of £ , subject to the within particulars and conditions of sale (as altered), and subject also to the approval hereof by the Master of the Rolls \_0r, Vice-Chancellor ] being obtained in the within men- tioned matter of , and (or) cause of B. v. A., at the vendor's expense, within days after the date hereof. As witness {^c, Form 338). Note: — See note to Form 338. 340. Affidavit verifying pnrcliaser's signature. (Commence as in Form 14.) 1. The name or signature " " set and subscribed to the paper writing marked A., now produced and shown to me, and purporting to be an agreement dated the day of , 186 — , between A. B. of the one part, and R. S. of the other part, is the proper handwriting of R. S., therein named and described, as I know from (State means of knowledge, as, having seen him write the said name or signature on the day of ). Sworn (SfC, Form 16). Note: — See Form 15; And note to Form 338. 341. Summons to approve contract of sale. (Commence as in Form 7), on the hearing of an application on the part of the plaintiif [ Or, of the defendant E. F., the party having the conduct of the sale — Or, of R. S., of (address and addition)^, that, the conditional contract dated the day of , 186 — , entered into between A. B. of the one part, and (the said) R. S. of the other part, for the sale to the said R. S., at the sum of £ , of the premises therein described or referred to, being (part of) the estates directed to be sold by the decree \_0r, order] dated the day of , 186 — , may be carried into effect (^If the purchaser has accepted, or will accept, the title, clauses may be added Jor the payment in of the purchase money — -possession or rents — conveyance — and notice. See Form 361). Note : — For an order confirming a sale by private contract. See Seton, 1 189 ; And with a variation, See Id. And see note to Form 338. 342-344 XI. SALE BY TENDER. 342. Advertisement of sale. To be sold by tender, pursuant to a decree [ Or, order] of the High Court of Chancery made in the matter of , and (or) in a cause of A. against B., with the approbation of the Master of the Rolls [ Or, Vice-Chaacellor ], before X. Y. esquire, the chief clerk of the said Judge, at the chambers of the said Judge in the Rolls' Yard (4rc., Form 7), in the county of Middlesex, on , the day of , 186 — , at o'clock in the noon precisely, a freehold farm known by the name of — i-, situate at , in the parish of , in the county of , in the occupation of Mr. M. N. as tenant from year to year, at the annual rent of £, , and comprising a farmhouse, barns, stables, and outbuildings, and — a. — R. — P. of meadow and ara- ble land {or as the case may be) ; Particulars and conditions of sale and forms of tender may be had gratis of Mr. C. D., of , solicitor, and of Mr. E. F., of , solicitor. X. Y. Chief Clerk. Let (4-c., Form 316> Note: — For another form of advertisement, See Form 317. As to sales by tender, See Barlow v. Osborne, Osborne v. Foreman, 6 W. R. 315, 4 Id., 396; Seton, 1184; Sugd. V. & P., 121; 1 Davidson, 502 ; 1 Smith, 1003. 343. Introduction to particnlaxs and conditions. (Commence as in Form 238 to attached, substituting tender Jbr auction), before X. Y. esquire, the chief clerk of the said Judge, at the chambers of the said Judge in the Rolls' Yard (Src, Form 7), Middle- sex, on , the day of , 186 — , at o'clock in the • noon, in lots. The property may be viewed by leave of the tenants ; And printed particulars and conditions of sale, with forms of tender, may be had gratis of {^c., as in Form 238). 344^ Particnlars of sale. The particulars will describe the property in like manner as on a sale by public auction. — See Forms 240-266a. o 345-346. SALE BY TENDEK. 345. Conditions of sale. 1 . The sale is subject to a reserved bidding (for each lot), which has been fixed by the Judge to whose court this matter and {or) cause is attached (See Form 269). 2. The (each) purchaser is to subscribe his name and address to his tender, and the abstract of title and all written notices and communi- cations and summonses are to be deemed duly delivered to and served upon the purchaser by being Jeft for him at such address, unless or until he is represented by a solicitor (See Form 270). 3. The (each) purchaser is at the time of sale to pay a deposit of £ per cent, on the amount of his purchase-money to A. B., the person appointed by the said Judge to receive the same (See Form 271). 4. The chief clerk of the said Judge will certify the result of the said tender on ■ , the day of , 186 — , at of the clock in the noon, at which time the purchasers may, if they think fit, attend by their solicitors at the chambers of the said Judge, in the Rolls' Yard, Chancery Lane, {or as may be, Form 7), in the county of Middlesex, to settle such certificate ; The certificate will then be settled, and will in due course be signed and filed, and become binding, without further notice or expense to the purchasers {See Form 272). Note : — The other conditions will be the same as in sales by public auction, See Forms 273-277-313. Note : — For certificates verifying copy draft conditions, and of duplicate prints of the particulars and conditions. See Forms 3 14-5. 346. Form of tender. {Short title.) I, the undersigned M. N., of (address and addition), do hereby tender and agree to purchase the property comprised in (the lot numbered in) the within particulars of sale at the sum of £ , subject to the within conditions of sale, and to the sanction of the Master of the EoUs [_0r, Vice-Chancellor ], the Judge to whose court this matter and (or) cause is attached. Dated this day of , 186 — . M.N. Witness to the signature 1 of the said M. N., J C. D., of (address and additio7i). Note : — The tender should be written in the fold of a print of the particulars and conditions of sale. PAYMENT OF DEPOSITS INTO COUET. 347-349 347. Chief clerk's certificate of result. The certificate will be in the same form as Form 336 or 337, sub- stituting the words hy sealed tender for by public auction. XII. PAYMENT OF DEPOSITS INTO COURT: 348. Summons for leave to pay in a deposit received of a purchaser by private contract. (Commence as in Form 7), on the hearing of an application on the part of A. B., that he may be at liberty, on or before the day of , to pay into the bank to the credit of this cause (the account of , as in order of sale), the sum of £ received by him as the deposit made by R. S., on the sale to him of (part of) the estates directed to be sold by the order dated the day of , 186 — . Dated (Sfc, Form 7). Note: — For the order, See Seton, 1 188 ; The direction to pay in a deposit received on a sale hy private contract, is usually added to the order confirming the sale. On a sale by public auction no order for leave to pay in the deposits is necessary, as the amount received, the name of the recipient, and the time to pay in, are stated in the chief clerk's certificate of result of the sale — See Fonns 336-7 ; And the direction to pay in can be obtained at the accountant-general's on production of an office copy of such certificate. 349. Summons to compel payment in of deposits. (Commence as in Form 7), on the hearing of an application on the part of the plaintiif \_0r, of the defendant C. D., the party having the conduct of the sale] , that A. B., in the chief clerk's certificate [ Or, order] dated the day of , 186 — , named, may be ordered on or before the day of ,186 — , or within (seven) days after service of the order to be made hereon, to pay into the bank to the credit of this cause (the account of, — as in order of sale), the sum of £ appearing by the said certificate [ Or, order — Or, by the affidavit of G. H., filed the day of , 186 — ] to have been received by him as the deposits \_0r, deposit] made by the several purchasers \_0r, the purchaser] therein named on the several lots [ Or, the lot] therein mentioned, sub- ject to further order ; And that the said A. B. may be ordered to pay the costs of this application. Dated (^-c. Form 7). Note: — For the order, See Seton, 1188 ; And see note to Form 348. o 2 350-352. OPENING BIDDINGS. 850. Summons to invest deposits. (^Commence as in Form 7), on the hearing of an application (^SfC, Form 349), that the £ cash in the bank to the credit of this matter and (or) cause (the account of ), being the deposits in the chief clerk's certificate [ Or, the order] dated the day of , 186 — , men- tioned, may be laid out in the purchase of bank £Z per cent, annuities, in the name of the accountant-general in trust in this matter and {or) cause (the like account) ; And that the interest to accrue thereon and all accunlulations of interest may be laid out in like manner, in trust as aforesaid. Dated (^c., Form 7). Note : — Where the deposits are directed to be paid in by an order — See Forms 348-9 — the direction to invest may form part of such order. Xril. OPENING BIDDINGS. 351. Summons to open biddings. {Commence as in Form 7), on the hearing of .an application on the part of A. N., of {address and addition), that the (hereditaments comprised in lot part of the) estates sold under the decree [Or, order] dated the day of , 186 — , may be resold, on the offer of the said A. N. to give the sum of iSa. for the same, being £h. more than the amount of the highest bidding for the same at the sale thereof under the said decree [Or, order] on the day of , 186—. Dated (,§-c., Form 7). Note: — For a collection of cases as to: when biddings may be opened — who may apply — within what time— advanced price^deposit required — discharge of purchaser — and resale, See Seton, 1203-6. And for the principles and procedure regulating the opening of biddings. See Seton, 1202-7; Sagd. V. & P. 114-9; 1 Smith, 1003-12; Dart, 754-8; 1 Davidson, 506; Daniell, 937-942; Tripp, 165 ; Ayckbourn, 501-3. 352. Order thereon. {Commence as in Form 22.) Upon the application of A. N., and hearing the solicitors for the applicant, and for the plaintiiFa and defendants, and for B. O., the person by the chief clerk's certificate dated the day of , 186 , certified to be the purchaser, at the sum of £c., of the (hereditaments comprised in lot part of the) estates sold under the decree l_Or, order] dated the day of ^ 186— ; and upon reading the said OPENING BIDDINGS. $52. decree [Or, order] and certificate, and the conditions of sale; And the said A. N. by his solicitor now offering the sum of £a. for the said estates [_0r, hereditaments], It is ordered that the said A. N. pay to the said B. 0. his costs of this application, to be taxed by the taxing master in case the parties differ; And upon the said A. N. paying to the said B. O. his costs charges and expenses occasioned by his bidding for and being allowed the purchaser of the said estates (hereditaments), in addition to the costs hereinbefore directed to be paid to him, such costs charges and expenses to be also taxed by the taxing master in case the parties differ. And upon the said A. N., on or before the day of , 186 — , paying into the bank with the privity of the accountant- general, to the credit of thia cause (the account of ), the sum of £h. by way of deposit. It is ordered that the said estates (hereditaments) be resold; And in case there shall be no bidding for the said estates (heredita- ments) at such resale higher than the said sum of £a,., the said A. N. is to be allowed the purchaser thereof at the said sum of £&. ; And it is ordered that the person who shall at such resale be allowed the purchaser, other than the said A. N., do within eight days after the chief clerk shall have made his certificate of the result of such resale, pay a deposit after the rate of £10 per cent, on the amount of his bidding (the amount so to be paid to be certified by tlie chief clerk) into the bank, with the privity of the accountant-general, to the credit of this cause (the account of ), subject to further order ; But in default of such person making such deposit by the time aforesaid. It is ordered that tlie said A. N. be allowed the purchaser of the said estates (hereditaments) at the said sum of £a,, or at his highest bidding, if any, at such resale beyond the said sum of £a.., unless some other person shall at such resale have bid a sum in advance of the highest bidding of the said A. N., and in such case it is ordered that the said estates (hereditaments) be resold upon the like terms as hereinbefore directed ; And the person making such default as afore- said is to make good the deficiency in the price which may be obtained for the said estates (hereditaments) from the said A. N., as aforesaid, or upon such resale, as the case may be, and pay all costs and expenses occasioned by such default; And it is ordered that the costs of the plaintiffs and defendants of this application be costs in the cause. NoTE:^For the atove form, See Seton, 1202. For certificate verifying copy order — note of solicitors' names — and summons to proceed, See Forms 118-20. For variation in the terms of the order where the certified purchaser has paid a deposit at the sale, See Seton, 1207. 353. OPENING BIDDINGS. 353. Order substituting the applicant as purchaser— connected lots — deposit. Upon the application of the guardians of the poor of the S. Union, that the hereditaments comprised in lot 2 whereof J. W. has been certified to be the purchaser at the sum of £540 by the chief clerk's certificate dated the day of , 1863, may be resold, on the offer of the said guardians to give the sum of £590 for the same, and upon hearing the solicitors for the applicants, and for the plaintiffs and defendants, and the said J. W., and upon reading the orders {for sale) dated, ^c, the said chief clerk's certificate, the conditions of sale therein referred to, and the aflSdavit of the said J. W. filed the day of 1863 ; And the said guardians by their solicitor now offering the sum of £715 for the said lot 2, and the said J. W. declining to bid a like or higher sum for the same, but desiring thereupon to be discharged from being purchaser of the hereditaments comprised in lot 3, whereof he has also been certified to be the purchaser, at the sum of £540, by the said chief clerk's certificate ; and it appearing by his said aflSdavit that the said lots 2 and 3 were purchased by him as connected lots, and the said guardians by their solicitor consenting hereto. It is ordered that the said guardians, S^c, pay to the said J. W. his costs of this application, to be taxed by the taxing master in case the parties differ ; And upon the said guardians paying to the said J. W. his costs charges and expenses occasioned by his bidding for and being allowed the purchaser of the said lot 2, in addition to the costs hereinbefore directed to be paid to him, such costs charges and expenses to be also taxed by the taxing master in case the parties differ. And upon the said guardians, Sfc, on or before the day of next, paying to the said J. W. the sums of £54 and £54, making together the sum of £108, paid by him to E. F. (the auctioneer) by way of deposit on the said lots 2 and 3 at the sale thereof, and the further sum of 10*. for the interest thereon at the rate of £ — per cent., from the day of {day of sale) to the said day of , And also by the time afore- said paying into the bank to the credit of these causes, the sum of £17, by way of deposit, making with the said sums of £108 and \0s, the sum of 125Z. 10*., it is ordered that the said guardians, ^c, be substi- tuted in the place of the said J. W. as the purchasers, at the sum of £715, of the hereditaments comprised in the said lot 2, and at the sum of £540, of the hereditaments comprised in the said lot 3 ; And upon payment by the said guardians to the said J. W. of the said sums of £108 and 10s., It is ordered that the said sums of £54 and £54, paid by him as aforesaid, be deemed to be a deposit made of the like sums by the said guardians in respect of the said lots 2 and 3 ; SUBSTITUTION OF PUECHASEK. 354-355. And it is ordered that the costs of the plaintiffs and defendants of this application be costs in the cause. — See Whitehead v. Lynes, M. R. in Chambers, 15 July, 1863. Note:— See note to Form 351. 354. Summons for return of deposit to opener of biddings, where outbid at resale. (^Commence as in Form 7), on the hearing of an application on the part of A. N., in the order dated the day of , 186 — , named, that out of the £ — cash in the bank to the credit of this matter and (or) cause (the account of ), the sum of £ — paid by him into the bank, by way of deposit, pursuant to the said order {If entitled to interest, add, together with interest thereon at the rate of £(4) per cent. per annum from the day of , 186 — (day of pai/ment in of deposit) to the day of payment, the amount to be verified by affidavit), may be paid to the said A. N., he having been outbid at the resale directed by the said order of the estates therein mentioned. Dated (^■c.. Form 7). Note :— See Seton, 1206; Sugd. V. & P., 118; 1 Smith, 1011-2; Ayckboum, 503 ; Daniell, 942 ; And note to Form 351. XIV. SUBSTITUTION OF PURCHASER, 355. Summons to substitute purchaser. (Commence as in Form 7), on the hearing of an application on the part of B. O., the person by the chief clerk's certificate dated the day of , 186 — , certified to be [Or, by the order dated the day of , 186 — , allowed] the purchaser of the (hereditaments comprised in lot — part of the) estates sold under the decree [ Or, order] dated the day of , And of S. H. of {address and addition), that the said S. H., being content with the title to the premises, may on or before {Sfc, continue as in Form 361 to the end, but substitute S. H. Jbr applicant, and the words the said S. H. may be substituted as the purchaser of the premises in place of the said B. O., and be let into possession, Jbr the words the applicant may be let into possession). Note: — For the order, See Seton, 1207. Both or either of the contracting parties may apply by summons to substitute ; But if one only applies, the other must consent to the order being made. As to substituting a purchaser, and the evidence required in support of the applica- tion, See Seton, 1208-9; Sugd. V. & P. 100, 119; Dart, 760; Morgan, 150; Ayckboum, 501; Re Goodwin, 11 W. R., 54. 356-357. SUBSTITUTION OF PUECHASER. 356. Affidavit in support — on a snbsale before certificate binding. In Chancery. (Title.) We, B. O., of (address and addition), and S. H., of (address and addition), sererally make oath and say as follows : — 1. It has been agreed between us that, subject to the approval of this honorable court, this deponent S. H. shall be substituted in place of this deponent B. O., as the purchaser of the property whereof this deponent B. O. has been certified to be the purchaser by the chief clerk's certificate dated the day of , 1 86 — , at the price, and upon the terms and conditions in all respects at and upon which this deponent B. O. has been so certified to be the purchaser thereof. 2, Save and except as aforesaid, there is no agreement, underbargain, or understanding whatsoever between us with respect to the property purchased by this deponent B. O. as aforesaid. Sworn (Sfc, Form 16). Note : — An affidavit to the atove effect by either of the two contracting parties is usually deemed sufficient j And see Form 15 ; And npte to Fonn 355. 357. The like — after certificate binding. ( Commence as in Form 356). 1. It has been agreed between us that, subject to the approval of this honorable court, this deponent S. H. shall be substituted in place of this deponent B. O., as the purchaser of the property whereof this deponent B. O. has been certified to be the purchaser by the chief clerk's certificate [ Or, allowed the purchaser by the order] dated the day of , 186—. 2. No agreement, underbargain, or understanding whatsoever with respect to the property so purchased by the said B. O. was on, or at any time prior to, the day of , 186 — (date when certificate oj" result of sale became binding — Or, date of order confirming sale by private contract), made, entered into, or come to between us, or by any person or persons on our respective behalves, to the best of our know- ledge, information, or belief. Sworn (Sfc, Form 16). Note : — See note to Form 356. 358-359. XV. INVESTIGATION OF TITLE— INQUIRY AS TO TITLE— DISCHARGE OF PURCHASER. 358. Summons for delivery of abstract to the purchaser. (^Commence as in Form 361), that the plaintiff \_0r, defendant C. D., the party having the conduct of the sale] may be ordered on or before the day of , 186 — , to deliver to the applicant, or to Mr. D. T., of , his solicitor, an abstract of the title to the said estates (hereditaments), pursuant to the (6th) of the conditions of sale under which the applicant has purchased the same. Dated (^c. Form 7). Note : — -As to the time for delivery of the abstract, See Form 273 ; As to com- pelling delivery, See 1 Smith, 1012; Dart, 761; 1 Davidson, 507; Daniel), 929; And as to the effect of non-delivery. See Sugd. V. & P. 181, 260, 5; Dart, 200, 1; 1 Davidson, 456, 503. As to the investigation of the title, See Dart, 761 ; Sugd. V. & P. 405-412-423 ; I Davidson, 507 ; 1 Smith, 1012. As to the verification of the abstract, and examination of the deeds, See Dart, -204-266, 267-274; Sugd. V. & P. 423-431 ; 1 Davidson, 485-493. As to matters between the delivery of the abstract and the preparation of the conveyance, See Dart, 275-297. As to searching for, inquiries respecting, and relief from, incumbrances. See Sugd. V. & P. 517-548-556 ; Dart, 298-324, 768. And see notes to Forms 211, 336, 361, 372, 380, 359. Summons for inquiry as to title. (^Commence as in Form 361 — or 365), that an inquiry may be made whether a good title can be made to the said hereditaments [Or, to the hereditaments whereof S. T. has been certified to be the purchaser by the chief clerk's certificate dated tiie day of , 186 — ]. Dated (4-c., Form 7). Note: — For the order. See Seton, 1190; For certificate verifying copy order- note of solicitors" names — and summons to proceed. See Forms 118-120. For statement of the purchaser's objections and requisitions on the title. See Form 212. For chief clerk's certificate of good title. See Form 214. For the practice on an inquiry into the title, and for the grounds on which a purchaser may claim to be discharged from his purchase. See Seton, 1 190-2, 1209-10 > 360-361. PAYMENT IN OF PURCHASE MONET COMPENSATION. Sugd. V. & P. 106-7, H9-121; Dart, 761-3, 4, 776; 1 Davidson, 508-9; Smith, 1017-9; Daniell, 930; Ayckbourn, 496. And see note to Form 211. 360. Siunmons to discharge pnrcliaser and pay his costs — ^title bad, (^Commence as in Form 7), on the hearing of an application on the part of W. D., the person by the chief clerk's certificate dated the day of , 186 — , certified to be [Or, by the order dated the day of , 186—, allowed] the purchaser of (the hereditaments comprised in lot part of) the estates directed to be sold by the decree [Or, or.der] dated the day of , 186 — , that the appli- cant may be discharged from being such purchaser ; And that the costs charges and expenses of the applicant occasioned by his bidding for [ Or, entering into the conditional contract in the said order dated the day of , 186 — , mentioned], and being allowed the purchaser of, the said estates \_0r, hereditaments], and of and incident to this application, may be taxed by the taxing master ; And that such costs when taxed may be paid — If no fund in court, say : by the plaintiff A. B. to Mr. X, W., the applicant's solicitor — ^ a fund in court, say : out of the cash in the bank to the credit of this matter and (or) cause, (the account of, S^c), to Mr. X. W., the appli- cant's solicitor — Or, that so much of the £ bank £3 per cent. annuities standing in the name of the accountant-general in trust in this matter and {or) cause (the account of, Sfc.),' as (with the £ cash in the bank on the credit of this matter, ^c.) will raise such costs when taxed may be sold ; And that out of the money to arise by such sale (and the said cash) such costs may be paid to Mr. X. W., the applicant's solicitor — without prejudice to the question out of what fund the said costs shall be ultimately borne. Dated (^-c, Form 7). Note: — See note to Form 359. XVI. PAYMENT IN OF PURCHASE MONEY- COMPENSATION. 361. Sunmioiis for leave to pay in purchase money — deposit- timber — interest — ^possession. ( Commence as in Form 7), on the hearing of an application on the part of R. S., the person by the chief clerk's certificate dated the day of , 186 — , certified to be [Or, by the order dated the day of , 186 — , allowed] the purchaser of the (hereditaments comprised PAYMENT IN OF PURCHASE MONEY COMPENSATION. 361. in lot , part of the) estates sold under the decree [ Or, order] dated the day of , 186 — , that the applicant being content with the title to the premises, may, on or before the day of , 186 — , pay the sum of £&., being the purchase money for the premises, Or, if a deposit has been paid; say : — being the balance of the purchase money for the premises, after deducting the sum of £ b., paid as a deposit at the time of sale. If limber has to be paid for, add: — and the sum of £c., the amount of the valuation of the timber on the premises, If an ascertained sum for interest has to be paid, add:— a,nd the sum of £A., for interest (^ so, less income tax) thereon at the rate of £(5) per cent, per annum from the day of , 186 — , to the said day of, , 186 — ; If the interest has to be verified, substitute for what precedes, together with interest {If so, less income tax) thereon [ Or, on the said £&.'\, at the rate of £{5) per cent, per annum from the day of — ^ — , 186 — , to the said day of , 186 — \_0r, to the day of payment], the amount of such interest to be verified by affidavit ( See Form 362), making together the sum of £q., into the bank to the credit of this matter and (or) cause (the account of, SfC, as in order of sale) ; And that upon such payment being made, the applicant may be let into possession of the premises, and receipt of the rents and profits thereof, from the day of , 186 — ; And that all proper parties may join in and execute a proper convey- ance [Or, surrender — Or, assignment] of the premises to the applicant, or as he shall direct, such conveyance, Sfc, to be settled by the Judge in case the parties diflfer ; And that the said sum of £e. may not be paid out without notice to the applicant. Dated {SfC, Form 7). Note: — For the order, See Seton, 1192; And see Form 275. As to obtaining leave to pay, or enforcing payment of the purchase money, See Seton, 1194-5; 1 Smith, 1012-6; Sugd. V. & P. 102-5; Dart, 759, 764, 5; 1 Davidson, 509 ; Daniell, 930; Tripp, 166 ; Ayckboum, 496-7 ; And Form 283. As to the rate of interest payable by the purchaser, and the time at which he is entitled to possession, or other the benefits of his purchase. See Forms 275, 283 ; And in the absence of condition, See Dart, 767-8; Sugd. V. & P. 104-6, 626-643; 1 Davidson, 511-3, 5-521 ; Daniell, 931. As to: the investment of the purchase money — at whose risk — notice to the pur- chaser of dealing with the money — and registration, as a stop order, of the order to pay in. See Seton, 1197-8; Dart, 764, 5, 6 ; 1 Davidson, 510; 1 Smith, lOU; Daniell, 932 ; Ayckbourn, 497 ; And for form of direction to invest. See Seton, 1193. " Wherever infants are or may be interested in an estate which is ordered to be sold, the conveyance must be settled by the conveyancing counsel of (be court ^ 362. PATMENT IN OF PURCHASE MONET— COMPENSATION. more especially when the sale is under the settled estates act ; la such cases there- fore the order is that the conveyance should be settled by the Judge, and the words * in case the parties differ abont the same ' cannot be added ; and the Judge refers the conveyance to the counsel ; But where the sale is in lots, the settlement of one may be adopted by tbe chief clerk for all the others in which no special circum- stances occur to render that course improper," Sugd. V. & P. 106, citing Re Eyre, 4 E. & J. 268; And see Dart, 768; 1 Davidson, 513; It seems, however, the practice above stated as to omitting the words " in case the parties differ " wherever infants are or may b6 interested, is not adhered to, See Seton, 1 197, except in cases under the settled estates acts. Id. 538. As to the conveyance. See also Form 372. As to the succession duty. See Seton, 1198; Sugd. V. & P. 555-6; Thring on the Act. And see notes to Forms 336, 358, 372, 380. 362. Affidavit of amomxt of interest to be paid in. (^Commence as in Form 14). I have computed the interest at the rate of iS(5) per cent, per annum from the - on the sum of £ ■ ■ day of , 186 — , to the day of - — , by the order dated the day of - 186 186- directed to be paid by R. S. into the bank to tbe credit of this matter and (or) cause (the account of, Sfc, as in order) ; and I have com- puted and deducted from such interest the income tax thereon {if so directed by the order). 2. Such interest, after deducting such income tax, amounts to the sum of £ , and no more. Sworn {Sfc, Form 16). Note: — The income tax deductible from interest has fluctuated as under : — Rate of Act imposing duty duty in pence per:e Duration 5 & 6 Vict. c. 35 (and continuance acts); 16 & 17 Vict c. 34 . 7 5 April 1842, to 5 April, 1854. 17 & 18 Vict. cc. 10 & 24 . 14 „ 1854, „ 185.5. 18 Vict. c. 20 16 „ 1865, „ 1857. 20 Vict. c. 6 .... 7 »> 1857, „ 1858. 16 & 17 Vict. c. 34 5 1858, „ I860. 22 & 23 Vict. c. 18 4 » 1859, to 10 Oct 1859. 23 Vict c. 14 10 „ I860, to 5 April, 1861. 24 Vict. c. 29 9 »» 1861, „ 1862. 25 Vict. u. 22, s. 42 9 „ 1862, „ 1863. 26 Vict. K. 22 7 " 1863, „ 1864. PAYMENT IN OF PURCHASE MONET COMPENSATION. 363. For a summary of the property tax acts, See Stamp, 362-3. As to deducting the income tax from interest payable hy a purchaser under the court. See Form 275 ; And as to the purchaser's rights in the absence of a contract to allow the deduction, See Sugd. V. & P. 99, 103; 1 Davidson, 511; Bloxam, 50; Ayckbourn, 497. And see Form 15 ; And note to Form 361. 363. STunmons for leave for separate purchasers to pay in by one order. ( Commence as in Form 7), on the hearing of an application on the part of B. O., K. S., and W^. B., the persons named in the first column of the schedule hereto, and by the chief clerk's certificate dated the day of, , 186 — , certified to be the purchasers of the heredita- ments respectively comprised in the several lots set opposite their respective names in the second column of the said schedule, being (parts of) the estates sold under the decree [Or, order 1 dated the day of , 186 — , that the applicants respectively being content with the title to the premises so purchased by them, may respectively, on or before the day of , 186 — , pay into the bank, with the privity of the accountant-general, to the credit of this matter and {or) cause (the account of SfC, as in order of sale), the several sums of money set opposite their respective names in the (third) column of the said schedule, being the respective purchase monies for the said several lots set opposite their respective names in the second column of such sche- dule, and amounting in the whole to the sum of £(1800) ; Or, being the balance of the respective purchase monies for the said several lots set opposite their respective names in the second column of such schedule, after deducting the deposits paid by them respectively at the time of sale as specified in the (sixth) column of the said schedule ; Jf so : — together with the respective amounts of the valuation of the timber on the said lots respectively, as specified in the (fourth) column of the said schedule ; If so: — and of the interest payable by them respectively, as specified in the (fifth) column of the said schedule — and amounting in the whole to the sum of £(1713) ; And that upon such payments respectively being made, the applicants may be respectively let into possession of the premises so purchased by "them, and receipt of the rents and profits thereof, from the day And that all proper parties may join in and execute proper con- veyances [Or, surrenders — Or, assignments] of the premises to the applicants respectively, or as they respectively shall direct, such con 364-365. PAYMENT IN OF PURCHASE MONET — COMPENSATION. veyances, Src, respectively to be settled by the Judge in case the parties differ ; And that the said several sums may not be paid out v\rithout notice to the applicants by vrhom the said sums shall have been respectively paid in. Dated (^-c, Form 7). The Schedule above referred to. Name of purchaser. B. O. E. S. W. B. Number of lot. 1 3 5 Total £ Amount of purchase money. 1,000 500 300 Amount of valuation of timber. £ 50 25 Amount of interest (less in- come tax) at £(,5) per cent, per annum, from — 186— to — 186—. 1,800 £ 10 5 3 Amount Amount of deposit paid at the sale. to be paid into the bank. £ £ 100 960 50 480 30 273 Total £ 1,713 Note: — For a like order, See Seton, 1193; And see 1 Smith, 1012; Ayckbourn, xlriii.; Form 363 may be varied to suit the particular case ; As to purchasers club- bing together, See Rowley v. Adams, 14 Beav. 130. 364. Summons for leave to pay in without prejudice as to the title. (Commence as in Form S61, to sold under the decree [Or, order] dated the day of , 186 — ), that, without prejudice to any question as to the title to the said premises, the applicant may, on or before the day of , 186 — , pay the sum of £ (4"''-> Continue as in Form 361 to the end, omitting the clauses as to possession — rents — and conveyance^. Note : — As to the circumstances under which a purchaser will be allowed to pay in his purchase money without prejudice. See Seton, 1195 ; Sugd. V. & P. 103; Dart, 764; 1 Davidson, .510; 1 Smith, 1013; Ayckbourn, 496-7. 365. Summons to compel payment in of purchase money. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant C. D., the party having the conduct of PAYMENT IN OF FURCHASE MONEY COMPENSATION. 366-367. the sale] that E. S., the person by the chief clerk's certificate dated the day of , 186 — , certified to be [Or, by the order dated the day of , 186 — , allowed] the purchaser of the (hereditaments comprised in lot part of the) estates sold under the decree [^Or, order] dated the day of , 186 — , may be ordered on or before the day of , 1 86 — , or within (seven) days after service of the order to be made hereon, to pay the sum of £ , being the purchase money for the premises (or as may be. See Form 361), into the bank (^-c, Form 361); And that upon such pay- ment being made the said R. S. may be let into possession (^c, continue as in Form 361, to the end, substituting the said R. S.fir the applicant) ; And that the said R. S. may be ordered to pay to the plaintiff A. B. [ Or, defendant C. D.] his costs of this application, to be taxed by the taxing master. Dated {S^c.^ Form 7). Note:— For the order, See Seton, 1194; And form of indorsement, See 23 C. O. r. 10, in Morgan,-472; And see Form 275; 1 Smith, 1015; Dart, 764; 1 Davidson, 509; Dauiell, 935-6; Bloxam, 50; Ayckbourn, 497. 366. Summons to enlarge time for payment in. (Commence as in Form 361), that the time limited by the order dated , the day of , 186 — , for the applicant to pay the pur- chase money for the said premises into the bank to the credit of this matter {Sfc, as in order'), may be enlarged to the day of , 186 — Dated {SfC, Form 7). Note : — See note to Form 361. 367. Summons by purcliaser for allowance of compensation. (Commence as in Form. 361), that the applicant may be at liberty to deduct and retain out of his purchase money for the said hereditaments the sum of £ as compensation by reason of (state, succinctly, the nature of the error or misstatement in respect of which compensation is claimed, as thus — the said hereditaments being two acres less than the quantity specified in the particulars of sale thereof — And add, if desired, liberty to pay in the balance, and for possession — conveyance — and notice — See Form 361). Dated (^c, Form 7). Note: — For conditions of sale as to errors and misstatements. See Forms 276, 283a. As to the grounds on which a purchaser may claim compensation, and at what stage, See Seton, 1196; Sugd. V. & P. 828; Dart, 86, 775; 1 Smith, 1016, 7; 1 Davidson, 493-7. 368-369. XVII. PAYMENT OF INCUMBRANCERS. 368. Consent of incumbrancer to a sale firee from Ms inciunbrance. In Chancery. {Short title.') I, C. D., of {address and addition), hereby testify my consent to the estates directed to be sold by the decree £0r, order] in this matter and cause dated the day of , 186 — , being sold in pursuance of the said decree [_0r, order], free from my incumbrance thereon, for £ and interest, created by indenture dated the day of , 18 — ; And I agree to concur in such sale, and to produce for the pur- poses thereof, whenever required, such of the deeds and documents of title relating to the said estates as are in my custody or possession. Dated the day of , 186 — . Witness, C. D. E. F., of {address and addition). Note : — For summons for a sale of real estate, free or subject to incumbrances. See Form 231 ; And for affidavit to prove a debt due on judgment or on mortgage, See Forms 166, 168. As to the rights of an incumbrancer concurring in a sale under the court— the stage at which his claim may be satisfied — and the mode of ascertaining the amount due to him, See Seton, 1201-2; Sugd. V. & P. 103, 8; Dart, 747, 759, 764-6, 770. It seems a mortgagee who has proved his debt in the cause may be required to concur in the sale without the usual six months' notice. See Dart, 770; Seton, 1202; And see Day v. Day, 10 W. R. 728. 369. Summons to pay off incumbrance out of sale proceeds in court. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff \_0r, of the defendant C. D., the party having the conduct of the sale], that upon the due execution by T. A. of the con- veyance to B. W. of the hereditaments (comprised in lot ), whereof the said B. W. has, by the chief clerk's certificate dated the day of , 186 — , been certified to be \_0r, by the order dated the day of , been allowed] the purchaser, such execution to be certified by the chief clerk, out of the £ cash in the bank on the credit of this matter and {or) cause, (the account of ^c), being the purchase-money for the said hereditaments, the sum of £ appearing by the affidavit of the said T. A. filed the day of , to be due to him for principal and interest on his security thereon, dated the day of , 186 — : {or as may be), and also subsequent interest (less income tax) on PAYMENT OF INCUMBBANCERS. 3VO-371. £ J part thereof, at the rate of £ per cent, per annum, from the day of , 186 — to the day of payment (the amount of such subsequent interest, and the total amount of principal and interest, to be verified by affidavit), may be paid to the said T. A. : And that the costs, charges, and expenses of the said T. A., as mortgagee, including his costs of this application, may be taxed by the taxing-master, and that out of the said sum of £ such costs may be paid to Mr. W. D., his solicitor. Dated (^c, Form 7). Note:— See Seton, 1200; And note to Form 368. In the case of a mere cquitatle mortgagee concurring in, and bound by the order for, the sale, the direction in the above Form as to the execution of a conveyance is usually omitted. 370. Snnunons by purchaser for leave to pay off incumbrance out of Ms purchase-money — and the balance into court, {Commence as in Form. 361), that upon the due execution by T. A. of the conveyance to the applicant of the said estates (hereditaments), the applicant may be at liberty, out of his purchase-money for the same, to pay to the said T. A. the sum of £ due to him on his security thereon dated the day of , 186 — , and the interest due in respect thereof, and to accrue due to the time of payment ; and also the costs, charges, and expenses of the said T. A., as mortgagee, such costs to be taxed by the taxing-master : And that the applicant, being content with the title to the said hereditaments, may within (one week) after the date of the taxing- master's certificate, pay the balance of his said purchase-money after deducting what he shall have so paid to the said T. A., and also interest (^-c, See Form 361), the amount to be paid in to be certified by the taxing-master, into the bank (^c. Conclude as in Form 361). Note : — See notes to Forms 368, 9. For order — on agreement between mortgagee and purchaser that the mortgage shall be kept on foot — for payment of the difference of the purchase-money into court, See Seton, 1202. 371. Summons for deposit in court of deeds by mortgagee con- curring in sale — payment of his claim — delivery out to different purchasers. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff, That W. M. and J. C, incumbrancers on the hereditaments com- prised in lots 4 and 5 of the estates sold under the decree dated the Jay of , 186 — , and who have consented to such sale, may p 371. PAYMENT OF INCUMBRANCEES. be ordered, on or before the day of next, or within days after service of the order to be made hereon, to produce and leave with the clerk of records and writs the several documents now in their custody or power relating to the said hereditaments or any of them, and mentioned in the schedule to this summons ; That upon production of an affidavit that the said W. M. and J. C, and all other necessary parties, have duly executed a conveyance to R. E. of the hereditaments comprised in the said lot 4, whereof he has been allowed the purchaser by the chief clerk's certificate dated the day of 186 — , and have duly executed a conveyance to W. H. of the hereditaments comprised in the said lot 5, whereof he has been allowed the purchaser by the said chief clerk's certificate, and that such conveyances respectively have been duly delivered to the said R. E. and W. H. respectively, so much of £ , part of the £ bank £3 per cent, annuities standing in the name of the accountant-general in trust in this cause, and being the proportion thereof representing the purchase-monies of the said E. E. and W. H., as will raise the sums of £ a. and £h., and interest (less income-tax) on the said sum of £ a., at the rate of £ per cent, per annum, from the day of , 186 — , to the fourth day after bespeaking the sale herein mentioned (the amount to be veri- fied by affidavit) may be sold ; And that out of the money to arise by such sale the said sum of £ a., and the said interest, may be paid to the said W. M. and J. C., in satisfaction of all principal and interest monies due to them on their securities dated respectively the day of , and day of , in the affidavit of V. B., filed the day of , mentioned ; And that thereout also the said sum of £h., for their costs as mortgagees, may be paid to Mr. W. S., their solicitor ; That upon production of an affidavit that such payments respectively have been made, the documents mentioned in the first part of the said schedule may be delivered out to the said R. E., or to whom he shall appoint; And that the documents mentioned in the second part of the said schedule may be delivered out to the said W. H., or to whom he shall appoint; And that on production of the consent in writing of the said W. H., the documents mentioned in the third part of the said schedule may be also delivered out to the said R. E., or to whom he shall appoint. And that save as aforesaid, none of the said documents may be delivered out without notice to the said W. M. and J. C. Dated (*c. Form 7). The schedule above referred to First part. Second part. Third part. CONVEYANCE — VESTING OKDEE. 372. Note : — The above form was suggested in a case ■where mortgagees, though concurring in the sale, refused to execute the conveyances, or part with the title- deeds, till payment; and the purchasers, though accepting the title, refused to consent to such payment out of their purchase monies till delivery to them of their con- veyances; Some of the deeds related to the respective lots exclusively, and the purchaser of lot 4 was entitled to the rest, on covenanting with the other purchaser for their production. XVIII. CONVEYANCE— VESTING OEDER. 372. Summons to settle draft conveyance. (^Commence as in Form 361, or 365), to settle the draft conveyance to the applicant [^Or, to B. S.], under the order dated the day of , 186 — , (order directing conveyance to be settled). Dated {Sfc, Form 7). Note: — For certificate verifying copy order— note of solicitors' names — and summons to proceed. See Forms 118-20. As to the preparation of the conveyance, See Dart, 325-365; And Sugd. V. & P. 557; 1 Davidson, 499. As to what parties may be required to concur in the conveyance. See Dart, 769- 770 ; In suits where all parties beneficially interested are before the court, it is sufficient for the purchaser to take a conveyance of the legal estate, for the equities of the parties are bound by the order of sale, Lewin, 761, n (b), citing Re Williams, 5 De G. & S. 515 ; And see Form 290. As to : covenants for title — what covenants run with the land — to what acts covenants for title extend — extent of restrictive words — and the remedy under covenants for title, See Sugd. V. & P. xxxiv.-vii., 572-615, 835 ; And see Dart, 350-364 ; 1 David- son, 100-145, 188-203. For precedents of conveyances of freeholds sold under a decree. See 2 Davidson, 198, 204 ; And of conveyances on other sales. See Id., viii.-xiv. ; And see Id., Intro- duction, 143-163. As to the settlement of the draft conveyance, See 35 C. O. r. 17, iu Appendix A. ; Morgan, 531; Dart, 768, 9; Sugd.. V. & P. 10.5-6 ; 1 Smith, 1014; 1 Davidson, 513; Ayckbourn, 499; Seton, 1197. As to the stamp duties. See Sugd. V. & P. 566-572. As to enforcing the execution of a conveyance, under 1 W. 4, o. 36, s. 15, r. 15, See Seton, 1197, 1230; 1 Smith, 1020 ; Daniell, 933 ; And for a four-day order for the execution of deeds. See Seton, 1230. As to vesting orders, See Form 380. As to enforcing delivery of possession to the purchaser, by writ of assistance. See 29 C. O. r. 5, in Morgan, 497; 1 Smith, 208, 1020 ; Seton, 1197, 1228, 9, 1240 ; Daniell, 933; Braithwaite, 156-8; Ayckbourn, 224, 499. p 2 373-374. CONVEYANCE TESTING OEDEE. As to the obligation of a purchaser to see to the application of his purchase-money. See Sugd. V. & P. 655-669. As to a vendor's lien for unpaid purchase-money, See Sugd. V. & P. 670-684. As to the protection and relief afiForded to purchasers by statutes, See Sugd. V. & P. 712-736 ; And in Equity, Id., 737-753. As to notice. See Sugd. V. & P. 755-786. As to the effect of the conveyance on the relative rights of vendor and purchaser on a sale out of court, See Dart, 478-536 ; And on the adverse rights of third parties. Id., 457-593. As to matters relating to the completion of the purchase. See Dart, 366-477 ; And as to the purchaser's rights after completion, Id., 772-5. And see notes to Forms 211, 336, 361, 380. 373. Summons to compel return of draft conveyance. (^Commence as in Form 361), that the plaintiiF [Or, defendant C. D., 4"C.], may be ordered to leave in my chambers aforesaid, on or before the • day of instant (next), the draft of the conveyance to the applicant, under the order dated the day of , 186 — . Dated {SfC, Form 7). Note:— See Dart, 364 ; And note to Form 372. 374. Recitals in conveyance of order of sale — certificate of result — payment of purchase-money — and approval of conveyance. And whereas by an order of the high court of chancery bearing date the day of , 186 — , and made by his honor the Master of the Rolls [Or, Vice-Chancellor ], in the matter ef the estate of , and (or) in a cause wherein J. R. and others were plaintiffs, and G. N. and another were defendants, It was' ordered that (recite directions to sell, and pay •purchase-money) ; And whereas the chief clerk of the said Judge, by his certificate dated the day of — ^ last, certified, in pursuance of the said order, that the said real estates had been oifered for sale in lots by public auction, with the approbation of the said Judge, subject to a reserved bidding for each lot fixed by the said Judge, and ac- cording to certain particulars aad conditions of sale, and that the said R. S. was the highest bidder for, and was allowed by the said Judge to be the purchaser of (lot one) of, the said estates, at the price or sum of £ a. ; And that the said R. S. had paid the sum of £ b. to A. B., the person appointed by the said Judge to receive the same, being the amount fixed by the said Judge to be paid as a deposit by CONTEYANCE TESTING OKDBE. 375. the purchaser at such sale ; and that the sum of £ c. remained due from the said E. S. as the balance of his said purchase-money ; And whereas the said chief clerk's certificate was approved by the said Judge on the day of , and was filed in the report office of the said court on the day of ; And whereas in pursuance of the said certificate the said A. B. has .paid the said sum of £ b. into the bank to the credit of the said cause, the account of (^as in certificate) ; And whereas by another order made in the said cause by the said Judge, and dated the day of last, the said R. S. by his solicitor declaring himself content with the title to the premises. It was ordered that (recite direction to pay in balance of the purchase-money, ^c, and to settle conveyance) ; And whereas in pursuance of the last recited order the said E. S., on the day of last, paid the said sum of £c. in the manner thereby directed, as appears by the receipt of one of the cashiers of the bank of england, and by the certificate of the accountant-general of the said court, bearing date respectively the and . days of ; And whereas it appears by the certificate of the said chief clerk, dated the day of , and duly approved by the said Judge on the ■ day of , and filed in the said report office on the day of , that these presents have been settled and approved by the said Judge as a proper conveyance of the premises to the said R. S. in pur- suance of the last recited order ; Now this indenture witnesseth, that in consideration of the payment by the said R. S. in manner aforesaid of the said sums of £ b. and £ c, making together the said purchase-money of £ a., ^c, Sf-c. Note: — See note to Form 372. 375. Affidavit verifying engrossment of conveyance. In Chancery. (Full title.) I, A. B., of (address and addition), make oath and say as follows: — 1. — I say that I have carefully examined and compared the parch- ment writing now produced and shown to me at the time of swearing this affidavit and marked with the letter A., with the draft or paper writing now produced and shown to me at the time of swearing this affidavit and marked with the letter B., being the draft of the conveyance settled at the chambers of the Judge to whose court this cause is attached (If pursuant to an order, add, pursuant to the order made in this cause dated ) ; And I say that the said parchment writing is a true and correct transcript and engrossment of the said draft. Sworn (S/'C, Form 16). Note:— For the above Forin, See Judges' Reg., Form 19, in Bloxam, 36, 52 ; Morgan, 730.. 376-378. CONTETANCE TESTINa ORDEE. 376. Chief clerk's certificate of approval of conveyance. {Commence as in Form 185.) A proper conveyance to R. S. of the premises comprised in lot in the said order mentioned, has been settled and approved, consisting of an indenture to be made between (Sfc, State the parties), and which indenture is identified by my signature in the margin thereof. The evidence produced consists of the affidavit of A. B., filed' the day of 186 — , and the exhibits A. and B. therein referred to. Dated (^c. Form 185). Note: — For summonses to settle draft — take opinion of Judge — and vary certifi- cate, See Forms 186-8. 377. Memorandum of approval. In Chancery. {Short title.) This indenture of conveyance has been settled and approved by the Master of the Eolls [ Or, Vice Chancellor ], as appears by my certificate dated the day of 186 — X. T., Chief Clerk. Note : — This memorandum should be written in the margin of the first skin of the conveyance. 378. Admission by purchaser of receipt of his conveyance. In Chancery. {Short title.) I, the undersigned R. S., the purchaser of (the hereditaments com- prised in lot , part of) the estate sold under the decree [0/-, order] dated the day of 186 — , hereby admit that I have received the conveyance thereof to me, and that I have no claim on the pur- chase-money paid by me for the premises ; And I authorise Mr. X. D., of {address), the solicitor of the plaintiff [ Or, of the defendant C. D., the party having the conduct of the sale], to consent in person or by counsel (but free from expense to me), for me, and on my behalf, to the payment or other distribution of my said purchase-money, in such manner as this court, or any Judge thereof, may direct. Dated this day of 186 — R. S. Witness, N. L., of {address and addition). Note:— See Seton, 1197; 1 Smith, 1015; Ayckboum, 498 s The last clause is sometimes objected to by the purchaser, and cannot be insisted on. CONVEYANCE TESTING OKDEE. 379-380. As to notice to the purchaser before dealing with his purchase-money, See Form 275; And note to Form 361. As to the purchaser's costs of appearing on an application to deal -with the pur- chase-money, See Seton, 1197 j Dart, 766. 379. The like — several purchasers. In Chancery. (Short title.) We, the undersigned purchasers of the respective lots set opposite our respective names in the second column of the schedule hereto, and being parts respectively of the estates sold under the decree [ Or, order] dated the day of 186 — , hereby severally admit that we have respectively received our respective conveyances of the said lots, and that we have respectively no claim on the purchase-money paid by us respectively for the premises ; And we severally authorise Mr. X. D., of (^c. Form 378), to consent in person or by counsel (but free of expense to us respectively), for us respectively, and on our respective behalves, to the payment or other distribution of our said purchase-money, in such manner as this court, or any Judge thereof, may direct. Dated this day of 186 — . The Schedule above referred to. Name of purchaser Number of lot Date of order under which (balance of) purchase-money paid into court Signature of purchaser Witness to signature of purchaser Signature Address and addibion Note: — See note to Form 378. 380. Stunmons for a vesting order — or for an appointee to convey — ^nnder the trustee acts. ( Commence as in Form 7), on the hearing of an application on the part of E. S., the person by the chief clerk's certificate [ Or, by the order] dated the day of ,186—, allowed the purchaser of the (lands comprised in lot , part of the) estates sold pursuant to the decree [Or, order] dated the day of , 186—, and who on 380. CONTETANCE — VESTING OEDEU. the day of-: , paid tlie sum o(£ , (the balance of) his purchase- money for the said lands (after deducting £ deposit paid by him in respect thereof), with interest thereon (on such balance), into the bank tc the credit of this matter and (or) cause, the account of (S^c, as in order of sale), Or, on the' hearing of an application on the part of the plaintiff [ Or, defendant C. D., the party having the conduct of the sale]. That it appearing that (the plaintiff — Or, defendant) E. F. is seised of — Or, pos- sessed of — Or, entitled to a contingent right in the said lands [ Or, the lands whereof R. S. has been allowed the purchaser by the chief clerk's certificate [ Or, order] dated the day of , 186—], Or, That it appearing that the said lands [Or, the lands whereof, S^c, as above'] are subject to a contingent right in the unborn sons or son, or other male issue (or as may be) of (the said) E. F., who upon coming into existence would in respect thereof become seised [ Or, possessed] of the said lands, upon trust within the meaning of the trustee Act 1850, and the act of the 15 & J6 V. c. 55, entitled "An act to extend the provisions of the trustee act 1850," or one of them. And it appearing that the said E. F. is an infant — Or, is out of the jurisdiction of this court — Or, cannot be found — Or, has died intestate as to the said lands, without an heir — Or, has died, and it is not known who is his heir or devisee, Or, And it appearing that a demand has been made upon the said E. F. by (W. D., a duly authorised agent of) the said R. S., the person entitled to require a conveyance [Or, assignment] of the said lands, requiring the said E. F. to convey [ Or, assign] the same [^Or, to release such contingent right], and that the said E. F. has wilfully refused or neglected to convey [Or, assign] the said lands [ Or, release the said contingent right] for the space of twenty- eight days after such demand. If a vesting order be desired, say, the said lands may vest in the said R. S., for the estate of the said E. F. therein Or, for the estate of the said E. F., or of his heir or devisee therein — Or, be wholly released from the contingent right of the said E. F. therein — Or, be wholly released and discharged from the said contingent right in the unborn sons or son, or other male issue {or as may be) of the said E. F. therein. But if the appointment of a person to convey ^c. be desired, say, M. B., of {address and addition), may be appointed to co.nvey \_0r, assign] the said lands to the said R. S., or as he TITLE DEEDS. 381. shall direct, for the estate of the said E. F. therein — Or, for the estate of the said E. F., or of his heir or devisee therein — Or, to release and dispose of the contingent right of the said E. F. in the said lands — Or, to release and dispose of the said contingent right in the unborn sons or son, or other male issue of the said E. F. in the said lands ; And that the said M. B. may convey \_0r, assign — Or, release and dispose of] the same accordingly. Dated (^c. Form 7). Note: — The above Form is adapted from Seton ; See pp. 807-8. As to the jurisdiction at chambers to make an order under the trustee acts, 13 & 14 V. c. 60, 15 & 16 V. u. 55, in Morgan, 65-103-9, See 35 C. O. r. 1, art. 4, in Appendix A. As to vesting orders, or the appointment of a person to convey, &o., under the trustee acts, on sales by the ccfhrt. See note to Form 218; And Seton, 811-825, 1419-21; Sugd. V. & P. 204, 398, 9 ; Sugd. Stat. 417-22; Dart, 376-381; 1 David- son, 499; 1 Smith, 1020; Daniell, 933 ; Tripp, 211-224; Ayckbourn, 499. And see note to Form 372. XIX. TITLE DEEDS. 331. Sununons for delivery to purchaser of deeds deposited in court. (^Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant C. D., the party having the conduct of the sale — Or R. S., the person by the chief clerk's certificate [ Or, by the order] dated the day of 186 — ] allowed tlie pur- chaser of the hereditaments therein mentioned], that the several docu- ments deposited by the defendant E. F. with the clerk of records and writs pursuant to the order dated the ■ day of 186 — [_0r, that such of the several documents deposited, {^c, as above) as are mentioned in the schedule hereto] may be delivered out to the said K. S., the purchaser [Or, to B. S., who by the chief clerk's certificate (^c, as above). Dated (SfC, Form 7). Note: — For the order, See Seton, 1062 ; And see Form 371. For an order for delivery up of documents by the parties to purchasers. See Seton, 1199 ; And for delivery to a purchaser, with provision as to covenants for produc- tion, and giving of attested copies. See Id. As to enforcing discovery and production of documents. See Seton, 1040-1062, 1388. As to the delivery out of documents. See Braithwaite, 507-8. For conditions of sale as to documents. See Form 291. And. generally, as to the purchaser's right to the muniments of title — attested copies —and covenants for production. See Seton, 1200, 1335, 6 ; Sugd. V. & P. 837, 882; Dart, 439, 442, 772; 1 Davidson, 514, 5 ; Daniell, 934 ; Ayckbourn, 499. 382. XX. RESALE ON PURCHASER'S DEFAULT. 882. Suminoas for payment into court by purchaser— in default, a resale. (^Commence as in Form 7), on the hearing of an application on the part of the plaintifiF C. D. [ Or, defendant C. D., the party having the conduct of the sale], that the costs of the applicant of (the applica- tion for the order dated the ; day of 186—, i.e. former order to pay in, if any, and of ) this application may be taxed by the taxing- xnaster, and be paid to the applicant C. D., by R. S., the person by the chief clerk's certificate [ Or, by the order] dated the day of 186 — allowed the purchaser of (the hereditaments comprised in lot — part of) the estates sold under the decree \0r, order] dated the day of 186— ; And that the said R. S. may be ordered on or before the day of 186 — , or within (seven) days after service of the order to be made hereon, to pay the sum of £ (4rc., continue as in Form 361 to the end, substituting the said R. S. for the applicant) ; But that in default of the said R. S. paying the said sum of £ and interest into the bank by the time aforesaid, the said estates {^ Or, here- ditaments] may be resold, with the approbation of the Judge ; And that in case no purchaser shall be found for the same at such resale, or in case the same shall be sold for less than the sum of £ , the said R. S. may be ordered, within (eight) days after service of the chief clerk's certificate of the result of such resale, to pay the said sum of £ in case the said estates [Or, hereditaments] shall not be resold — or the difference between the said £ and the amount for which the said estates [^Or, hereditaments] shall be so resold, in case the same shall be resold for less than the said £ (the amount to be paid in to be certified) into the bank to the credit of this cause (the account of, ^c, as in decree, or order, of sals') ; And that the said R. S. may be ordered to pay to the plaintiff [ Or, defendant] C. D. his costs and expenses occasioned by such default as aforesaid, to be taxed by the taxing-master. Dated (Sfc, Form 7). Note: — For the above Form, See Seton, 1210. As to a resale on a purchaser's default, See Form 277 ; Seton, 1210 ; Sugd. V. & P. 102 i Dart, 775, 7 ; 1 Smith, 1021; Daniell, 935 ; Bloxam, 50. 383. PAET XIII. RECEIYEES. I. APPOINTMENT AND DISCHARGE. 383. Snmiuons to appoint a receiver. {^Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that a proper person may be appointed [ Or, that A. B., of (address and addition), upon his giving security [Or, without giving security], may be appointed If of realty, or leaseholds : — to receive the rents and profits of the real \_0r, freehold — Or, copyhold] and (or) leasehold estates If of outstanding personalty : — (and) to get in the outstanding per- sonal estate of C. D., the testator \_0r, intestate] in the bill \_0r, pleadings — Or, summons] named {or as may be). If in another's place, add: — in the place of B. A. (deceased — Or, bankrupt) ; If of realty, or leaseholds, add: — ^And that the tenants of the said estates may attorn and pay their rents in arrear and growing rents to such receiver ; If of outstanding personalty, add: — And that the (defendants E. F. and G. H.), the executors of the will of the sa,id testator \_0r, administrators of the personal estate of the said intestate], may deliver over to such receiver all securities in their hands for such outstanding personal estate, together with all books and papers relating thereto ; In every case, add: — ^And that such receiver may from time to time pass his accounts, and pay the balances that shall be certified to be due from him into the bank to the credit of this cause (or as may be); And that such balances, when so paid in, may be laid out in bank £3 per cent, annuities, in trust in this cause (or as may be) ; And that the interest to accrue thereon and all accumulations of interest may be laid out in like manner (or as may be). Dated (Sfc, Form 7). IfoTE: — The above Form is adapted from Seton, 1002. For directions to keep separate accounts of realty and personalty, See Seton, 10385 And to pay off or keep down charges, Id., 1 025 ; For liberty to the parties to propose 383, APPOINTMENT AHD DISCHARGE. themselves, Id., 1039 ; For a saving of the rights of prior incumbrancers, Id., 1026 ; And for direction at the hearing that the receiver be continued, Id., 1003. For orders to appoint a receiver of: testator's mines and realty. See Seton, 1023 — testator's business. Id., 1024 — a manor, Id., 1025— heir-looms. Id. — a living, Id., 1029 — partnership business and premises. Id., 1030 (And see Form 209, ante)— tolls. Id., 1034; As to ships, See id., 1035. For orders to appoint a manager or consignee. See Seton, 1035 ; And for the cases. Id., 1037; And see Bennett's Receiver, 118-121 ; Daniell, 1582, 1631, ed. 2, 978, 1017, ed. 3; 1 Smith, 1027; Ayckhoum, 626. For orders to appoint a receiver and manager abroad. See Seton, 1038. For a collection of cases in which a receiver has been granted, or refused. See Seton, 1009-12, 1027-8, 1033-5, 7, 1392-4; See also Bennett's Receiver, 1-70; Smith Pis. 84-93 ; 1 Smith, 1025-6 ; Morgan, 481 ; Daniell, 978-993 ; Tripp, 16, 17,37; Drewry, Pr. 90 ; Ayekbourn, 626; 1 Grant, 371 ; And as to the appoint- ment of a receiver by an incumbrancer, without suit. See 23 & 24 V. c. 145, ss. 11, 17, 18-23, 32-4, in Morgan, 312-6, 320; Seton, 1027. As to the stage at which a receiver may be appointed in a suit. See Seton, 1005 ; Morgan, 481 ; 1 Smith, 1025 ; Daniell, 995 ; Ayekbourn, 627; Drewry Pr. 90. As to the persons who may be appointed receivers. See Bennett's Receiver, 71 ; Seton, 1006; Morgan, 481; 1 Smith, 1028; Daniell, 993; Ayekbourn, 628. As to the effect of appointing a receiver, See Seton, 1008 ; Morgan, 483 ; Daniell, 999-1002. As to the mode of appointing a receiver, and herein of the security to be given. See 15 & 16 V. u. 86, s. 59, 24 C. O., and 42 C. O. rr. \2, 13, in Morgan, 221, 480-3, 592 ; Bennett's Receiver, 103-117 ; Seton, 1005 ; 1 Smith, 1026-30 ; Daniell, 995-9 ; Ayekbourn, 628 ; Drewry Pr. 157 ; And the following summary. An application for the appointment of a receiver may be made by summons at chambers : Before or after the hearing, to fill up a vacancy — Before the hearing in other cases, if all parties interested are competent to consent, and will consent — And after the hearing in other cases, though opposed, pending accounts and inquiries at chambers. Except as above, it seems the application must be made by special petition, or special motion, on notice, or at the hearing of the cause. The summons — Form 383 — or petition, or notice of motion — may ask, either that the person therein named, or that a proper person, may be appointed ; Unless dis- pensed with by consent, the application must be supported by evidence of the necessity for a receiver, and where a particular person is proposed, by evidence of his fitness, Form 388 ; The order — See Seton, 1002 — however made, will either 1 . Direct a proper person to be appointed. Or 2. Appoint the person therein named, conditional on his giving security. Or 3. Appoint the person therein named, absolutely, without security. 1. In case one, a certified copy of the order as passed and entered, together with a note of the solicitors' names — Forms 118-9 — is left at chambers by the party having the carriage of the order — or on his default, by any other party, 35 C. O. r. 22, in APPOINTMENT AND DISCHARGE. 383. Appendix A. — and a summons to proceed thereon— Form 384— is prepared, taken out, and served on the other parties entitled to attend j On the return of this sum- mons, or at an adjournment thereof, the party seeking to have a receiver appointed nominates a person for that purpose, and adduces evidence of his fitness, Form 388! The nature of the property over -which the receivership is to extend, and the amount ■which the receiver -will probably be able to collect, must also be shown by evidence, and usually a short proposal — Eorm 386 — embodying these particulars, is required by the chief clerk to be left at chambers ; It is open to any other party interested to oppose the appointment of the person so nominated, and to propose another — Form 387— and support his appointment by evidence, Form 388. When the intended receiver has been approved, the amount of the security — usually by recognisance — to be given by him is settled, and the names and addresses of his proposed sureties are ordinarily submitted for approbation ; In the case of rents and profits, the security is taken for double the gross annual rental ; In other cases the amount of the security will depend in the main on what the receiver may probably collect during the currency of his annual or other account j The amount having been fixed, and the proposed sureties approved, the proceeding is adjourned for the security to be given. The business is conducted by the solicitor of the proposed receiver, from this stage to the completion of the appointment ; He accordingly prepares, and procures to be settled by the proper ofiBcer at the Judge's chambers, the draft of the recognisance to be entered into by the receiver and his sureties — Forms 389, 390, 1 — and prepares an affidavit — Form 392 — to be made by the sureties, justifying in the amount for ■which they are to be bound by the recognisance ; The recognisance is next engrossed on parchment, bearing a 35s. deed stamp, and the affidavit is engrossed on paper ; The receiver and his sureties attend before a person authorised to administer oaths in chancery, and sign the recognisance, -which he attests, and the sureties swear their affidavit; The affidavit is then filed at the record and writ clerks' office, and an office copy is procured and is lodged at the Judge's chambers, together with the recog- nisance, for examination ; If the documents are found correct, the chief clerk signs a memorandum of allowance — Form 389 — in the margin of the recognisance ; The recognisance, so allowed, is then left for enrolment at the chancery enrolment office, and a receipt for the same is procured therefrom, and deposited at chambers. In the next place the receiver's solicitor usually either procures a further appoint- ment at chambers, and serves all parties interested with notice thereof, or prepares and takes out a summons— Form 393 — that the applicant, having given security, may be appointed receiver, and serves such summons on the like parties ; which course is to be pursued in the particular case will be learnt by the solicitor on inquiry at chambers ; The further summons seems to be usually required (though neither sum- mons nor notice is contemplated in the regulation table of receivers' costs, See Appendix C), inasmuch as the order to appoint inust be based on a summons, which the registrar requires to be filed in his office before the order is passed, and the summons first taken out is not the property of the receiver, but of the party by whom the order was left at chambers. The chief clerk endorses on the summons a minute of the parties appearing, the evidence adduced pro. and con., the enrolment of the recognisance, and the order made thereupon ; The summons so endorsed is transmitted to the registrar of the day, 384-385. APPOINTMENT AND DISCHAEGE. and he prepares therefrom a formal order — See Seton, 1002 — which is passed and entered in the usual way j This completes the receiver's appointment. A certified copy of the order mnst be left at the Judge's chambers, either on its completion, or on the first subsequent proceeding there in the receivership. 2. In case two, it is the business of the receiver's solicitor to conduct the pro- ceedings under the order, from the time it is passed and entered to the completion of the security; He accordingly leaves at the Judge's chambers a certified copy of the order, together with a note of the solicitors' names — Forms 118,9 — and prepares, takes out, and serves on all parties entitled to attend, -a summons — Form 385 — to settle the security to be given thereunder ; On the return of this summons, or at an adjournment thereof, evidence is adduced of the rental or value of the property, as in case one, and the names and addresses of the sureties proposed are submitted for approval ; The amount having been fixed and the sureties approved, the summons is adjourned till the security has been given ; The subsequent proceedings to, and inclusive of, the filing of the recognisance are the same as in case one. When the receipt of the enrolment clerk for the recognisance has been left at chambers, the oflBcer there prepares the draft of the chief clerk's certificate — Form 394 — of the security having been given ; Such certificate is settled, transcribed, signed, approved, and filed in the usual way — See note to Form 18.'5 — and on becoming absolute the receiv'er's appointment is complete. 3. In case three, the appointment is complete as soon as the order has been passed and entered; But a certified copy of it must be left at chambers on the first occasion of a proceeding there in the receivership. 384. Summons to proceed xuider order directing a proper person to be appointed. ( Commence as in Form 7), on the hearing of an application on the part of the (plaintiff), that a proper person [ Or, that A. B., of {address and addition), upon his giving security], may be appointed to receive {SfC, as in order), pursuant to the order of the day of , 186 — . Dated (^-c, Form 7). Note : — See note to Form 383. 385. Summons to settle security of a receiver appointed by order, ' subject thereto. (Commence tis in Form 7), on the hearing of an application on the part of A. B. (receiver), in the order of the day of , 186 — , named, to proceed under the said order, and to settle the security to be given by him pursuant thereto. Dated, (^c, Form 7). Note: — See note to Form 383. APPOINTMENT AND DISCHARGE. 386-388.- 386. Proposal as to a receiver. la Chancery. {Short title.) The plaintiff's proposal as to the reieiver to be appointed pursuant to the order of the — — day of , 186 — . The particulars of the real estates in the said order mentioned appear in the affidavit of H. D., filed the day of , 186^. The rents and profits of the said estates amount to the gross annual sum of £ , or thereabouts. The particulars of the outstanding personal estate in the said order mentioned appear in the said affidavit ; And such estate is under the amount or value of £ . The plaintiff proposes A. B., of {address and addition), as a proper person to be appointed to receive the said rents and profits, and out- standing estate, pursuant to the said order. [And D. C, of {address and addition), and E. F., of {address and addition), are proposed as sureties for the said A. B.]. Note:— See note to Form 383; 1 Smith, 1028; 1 Grant, 3?6. 387. Counter proposal. In Chancery. {Short title.) The proposal of the defendant D. H., as to the receiver to be appointed pursuant to the order of the day of 1 86 — . The defendant D. H. proposes B. A., of {address and addition), as a proper person to be appointed receiver as aforesaid. [And C. F., of {address and addition), and D. E., of {address and addition), are proposed as sureties for the said B. A.] KoTE : — See note to Form 383. 388. Sketch of affidavit of fitness of proposed receiver. {Commence as in Form 14.) 1. For years and upwards now last I have known and been well acquainted with A. B., of {address and addition), the person pro- posed to be appointed, pursuant to the order of the day of , 186 — , in this cause, to receive the rents {Sfc, as in order — Or, if none, as in summons). 2. State/acts to show the fitness of the proposed receiver for the office. 3. In my judgment and belief the said A. B. is a fit, proper, and 389. APPOINTMENT AND DISCHARGE. eligible person to be appointed to receive the said rents and profits, and outstanding personal estate (or as may be). Sworn {SfC, Form 16). Note: — See Form 15; And note to Form 383. 389. Receiver's recognisance — regpilation form. A. B., of (address and addition), D. C, of (address Sj 1^ and addition), and E. F., of (address and addition), ^ cw' t3 before our Sovereign Lady the Queen, in her high ei- 1" 5 court of chancery, personally appearing, do acknow- £; o g ledge themselves, and each of them doth acknowledge 2 ^ § himself, to owe to the right honorable Sir John ro g' S" Romilly, knight, the Master of the Soils, and the ^ CD _ honorable Sir Richard Torin Kindersley, knight, B'.a"' the senior Vice-Chancellor of the said court, the " c S* sum of £■ , of good and lawful money of great ■" ^ " britain, to be paid to the said Sir John Romilly and Sir Richard Torin Kindersley, or one of them, or the executors or administrators of them or one of them; and unless they do pay the same, they, the said A. B., D. C, 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, and of and from all and singular the manors, messuages, lands, tenements, and hereditaments, goods and chattels of them and each of them, where- P g "^ soever the same §hall or may be found; Witness a' p our said Sovereign Lady Victoria, by the Grace of O '^lL ^°^' °^ ^^^ united kingdom of great britain and S* ° "^ Ireland Queen, defender of the faith, and so forth, .'^ E- §' ^* Westminster, the day of , in the year of her reign, and in the year of our Lord 186 — . Whereas by an order of the high court of chancery, made in a cause wherein B. A. and others are plaintiffs, and A. B. and others are de- fendants, and bearing date the day of ■ , 186 — , it was ordered that a proper person [Or, that upon the above bounden A. B. first giving security he] should be appointed to receive the rents and profits of the real estate, and to collect and get in the outstanding personal estate of C. D., in the said order named (or as may be) ; And whereas the Judge to whose court the said cause is attached hath (approved of the said A. B., as a proper person to be such receiver, and hath) approved of the above bounden D. C, and E. F., as sureties 6 rt- W (X3 »■_ g 3 S' , w" ZR > g 2 I 1 3 85 c o p CD CO J5 CD w ^, < m o" a CD 1 o M 1 a- 3 y< P- i PI'S APPOINTMENT AND DISCHARGE. 390. for the said A. B., and hath also approved of the above-written recog- nisance with the under-written condition as a proper security to be entered into by the said A. B., D. C, and E. R, pursuant to the said order and the consolidated general orders of the said court in that behalf ; and in testimony of such approbation, the chief clerk of the said Judge hath signed an allowance in the margin hereof. Now the condition of the above-written recognisance 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 C. D. (or as may be), at such periods as the said Judge shall appoint, and do and shall duly pay the balances which shall from time to time be certified to be due from him as the said court or Judge hath directed or shall hereafter direct, then the above recognisance shall be void and of none effect ; otherwise, the same is to be and remain iu full force and virtue. A. B. "J Taken and acknowledged by the above-named D. C. [ A. B., D. C, and E. F., at , in the county E. F. J of , this day of , 186—, Before me, ( Signature of commissioner or officer.) Note: — For the above Form, See Judges' Keg., Form 13, in Bloxam, 28, 51; Morgan, 722 ; And see note to Form 383. As to the form and enrolment of the recognisance. See 42 C. O., rr. 12, 13, In Morgan, 592. 390. Beceiver's recognisance — where the parties are bonnd in different sums. A. B., of (4-c., as in Form 389 to the said court) the following sums, that is to say, the said A. B. {receiver) acknowledgeth himself to owe the sum of £ a., the said D. C. (surety) acknow- ledgeth himself to owe the sum of £ b., and, the said E. F. (surety) acknowledgeth himself to owe the sum of £ c, of good and lawful money of great britain, to be paid, to the said Sir John Romilly and Sir Eichard Torin Kindersley, or one of them, or the execu- tors or administrators of them, or of one of them ; And in default of payment of the said sum of £ a. by the said A. B., the said sum of £ b. by the said D. C, and the said sum of £ c.:by the said E. F., they the said A.B., D. C, and E. F., are, willing and do grant, and each and every of them is willing and doth grant, for himself, his heirs, executors, and administrators, that the said sum of £ a. shall be levied, recovered, and received of him the said A. B., that the said sum of £ b. shall be levied, recovered, and received of him the said D. C, and that the said sum of £ c. shall be levied, recovered, and received of him the said E. F,, and Q 391-393. APPOINTMENT AND DISCHARGE. of and from all and singular the respective manors (SfC, Continue as in Form 389 to the end of the condition^ Note: — See note to Form 389. 391. Another form. A. B., (^•c., as in Form 389, to the said court) the respective sums of lawful money of great britain set opposite to their respec- tive names in the schedule hereto, to be paid (<§-c., as in Form 389 to the end of the condition, substituting the said sums for the sum of ^ , and every for each). The schedule above referred to. The above-bounden A. B. ■ thousand pounds. The above-bounden D. C. thousand pounds. The above-bounden E. F. thousand pounds. Taken (^-c. Form 389). Note: — Form 391 is adapted from Form No. 10 to the General Order of 11 Nor. 1862, under the companies Act 1862, and seems preferable to Form 390. 392. Justification of receiver's sureties. In Chancery. (Title.) We, D. C, of (address and addition as in recognisance), and E. F., of (address and addition, as in recognisance), severally make oath and say as follows: — 1. We are the proposed sureties on behalf of A. B., of (address and addition as in recognisance), the intended receiver in this cause, in the penal sum of £ . 2. And I the said D. C. for myself further say, that I am well and truly worth the sum of £ (same as above) of lawful money of great britain, over and above what is sufficient to pay all my just debts. 3. And I the said E. F. for myself (§■€., as in paragraph 2). Sworn (SfC, Form 16). Noxb: — See Form 15; And note to Form 383. 393. Summons to appoint receiver, after security given — under order directing a proper person to be appointed. (Commence as in Form 7), on the hearing of an application on the part of A. B. (receiver), of (address and addition), that the applicant A. B., having been approved as a proper person to receive (^c, as in order directing the appointment), pursuant to the order dated the day of , 186 — , (same order), and having given security pursuant to the 24th of the consolidated orders of this court, by entering into a recog- nisance, together with I>. C, and E. F., as his sureties, dated the APPOINTMENT AND DISCHARGE. 394-395, day of — — , 186 — , -which has been approved by the Judge, and duly enrolled, may be appointed to receive (^-c, as in order to appoint) ; And that the said A. B. may, on the day of next, and on the same day in every succeeding year (or other period fixed), leave at the chambers of the Judge his (annual) account as such receiver ; And that the said A. B. may, within fourteen days after the date of the chief clerk's certificate of the allowance of such account [ Or, on tlie day of next, and on the same day in every succeeding year] pay the balance that shall be (thereby) certified to be due from him on such account, or such part thereof as shall be certified to be proper to be so paid, as directed by the said order of the day of , 186 — Dated (^-c, Form 7). Note: — For order in like case, See Seton, 1003 ; And see 24 C. O., r. 2, in Morgan, 483; and note to Forni 383. 394. Certificate of receiver having given security — ^where appointed by order, subject to security, ( ra/e.) In pursuance of the directions given to me by the Master of the Rolls [ Or, Vice-Chancellor ], I hereby certify, that in pursuance of the order dated the day of , 186 — , A. B., of (address and addition), the person who, upon his giving security, is by the said order appointed to receive the rents (S/'c, as in order), has given security pursuant to the 24th of the consolidated orders of this court, by entering into a recognisance, together with D. C, and E. F., as his sureties, dated the day of , 186 — , which has been approved by the Judge,in testimony whereof I have signed an allowance in the margin thereof, and such recognisance has been duly enrolled ; I also certify that the Judge has appointed the day of next, and the same day in every succeeding year (or other period fixed), to be the day on which the said A. B. is to leave at the chambers of the Judge his (annual) account as such i-eceiver ; and that the said Judge has also appointed fourteen days after the date of the certificate of the allowance of such account [ Or, the — '■ — day of — next, and the same day in every succeeding year], as the time on or before which the said A. B. is to pay the balance that shall be (thereby) certified to be due from him on such account, or such part thereof as shall be certified to be proper to be so paid, as directed by the said order of the day of Dated (^c. Form 185), Note: — For like Form, See Seton, 1004; And see 24 C. O. r. 2, in Morgan, 483; And note to Form 383, 395. Order approving security, and appointing receiver — without certificate. The Judge having approved of A. B,, of (address and addition), being appointed to receive the rents and profits and (or) outstanding personal Q 2 396-397, APPOINTMENT AND DISCHAEflE. estate hereinafter mentioned, and the said A. B. having given security pursuant to the 24th {Sfc, as in Form 393, to enrolled), The Judge doth hereby appoint the said A. B. to receive {Src, as in Form 383, including direction to attorn, and {or') deliver securities — Direction to leave accounts, and pay balances as in Form 393, hut after proper to be so paid, continue thus) into the bank to the credit of {SfC, as in Form 383 to the end). Note: — The recital in the recognisance, Form 389, must of course be varied to accord with the order; And see note to Form 383. The nse of Form 395 seems hitherto to have been confined to cases where the property afTected by the receivership was of trifling amount. 396. Summons to discharge receiver — and vacate recognisance. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff {or as may be), that A. B., the receiver appointed by \_0r, pursuant to] the order dated the day of , 186 — , may be discharged; And that the said A. B. may pass his final account, and pay the balance that shall be certified to be due from him into the bank to the credit of this cause {or as may be); And that thereupon the recognisance dated the day of , 186 — , entered into by the said A. B., together with D. C. and E. F. as his sureties, may be vacated. Dated {S^c, Form 7). Note: — For the order, See Seton, 1022; As to discharging a receiver, and mode of vacating his recognisance. See 42 C. O. r. 14, in Morgan, 592; Seton, 1021-3; Daniell, 1014-6; 1 Smith, 1038; Aydkbourn, 630 ; And see 35 C. O. r. 23, in Appendix A. ; Morgan 534. 397. Summons for receiver to give a new security. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff {or as may be), that A. B., the receiver appointed by [Or, pursuant to] the order dated the day of , 186 , may be ordered to give a new security duly to account for what he shall receive {S^c, as in former order) under the said order, and that such security may be approved by the Judge ; And that the said A. B. may pass his accounts, up to the date of such new security, and pay the balance that shall be certified to be due from him, into the bank, to the credit of this cause {or as may be), pursuant to the said order; And that upOn such new security being given and payment made, the recognisance dated {^c, Form 396) may be vacated. Dated C&c Formi). ^^ ' Note:— For the above Form, See Seton, 1019; It is applicable where a surety has died or become bankrupt, or where the security already given is otherwise found to be inadequate; And see I Smith, 1038. 398. II. ACCOUNTS. OS ^ ca o s I § '■i i m a S " 'o'a g g s s p. u.S -ja - 1— lO'— ■ ^s S S ° " 3 *S f » CJ +* 00 •ssg es w o g ,-3 -4 0) r CO 09 § I (^ I I-" ja bo 5. -a -S^ 1 4 § 1 § 1 § 8 f5 1 o 1 ■d :» 1 •1 1 %1 1 1 IF ■0 OS %) h 11 TS si s i|. sis W is 1 ; 1 . <« < ■ti "9 P «B Ills , ^ = . -a 1 1^ ■a ^ - ^ a ^ O 0) ■* s "3 • 1= ■d 1 j g s r 5 1 ■s ■g -1^1 : II If 1 : i 1 S5 •;«i 1 .S§g Sg' 2' i°^ II si s ll> 1 i • £ § S 1 § 1^ i 03 E-i n 1 i Ss ji |3 1 1 u o g » ^ )-i IN rf in es 398. ACCOUNTS. g -a "S-d ■d 8 £« c o g^ 1 = "* %) en ;n^ 1 g 3 o ?! e g S 1 ^ &: is 1 2S . £.§.■3 = sl w O-^ ¥■=■« M S s •^ 9 lis -D-O fill 1 l>< 0'~ g a: !Z °I li ^ s" 11 " ! ■i ^ f«i a OS 3 +hJ hq o . .£■ 3 S'S '53 i; s J o ment. See L. C. CSnv. 173-99 ; And see 4 PetersdorfF, 78-117 ; 2 Piatt, 82-154. For a summary of the agricultural customs of different counties in england and •wales, See Dixon, 1-37, 489. The procedure to obtain the confirmation by the court of a contract to lease, and the approval of the lease thereunder, is usually as foUoyrs : A conditional contract — Forms 413 and 413o— having been entered into, a summons to confirm it — Form 414— is taken out and served on the other parties entitled to attend thereon ; On the return of this summons, or at an adjourned meeting, evidence is adduced — Form 415 of the propriety of the contract ; and the signature thereto of the proposed lessee must be proved — Form 415 — unless he appears in person, or by his solicitor, and admits it. When the contract has been approved, the chief clerk issues a minute — Form 416 — of an order to that effect ; and from such minute the registrar draws up a formal order, which is completed in the usual way, See Form 22. In the next place, the solicitor having the carriage of the order leaves at chambers the draft lease, and a certified copy of the order — See Form 118 — and issues a summons — See Form 120 — to settle the draft ; The draft is then settled, with the aid, if necessary, of the conveyancing counsel ; The lease and counterpart are engrossed therefrom, and an affidavit — Form 418 — is made in verification thereof; A memo- randum — Form 419 — is also written in the margin of the first skin of each engross- ment ; The draft and engrossments, and an office copy of the affidavit, are then left at chambers, and the chief clerk thereupon signs each memorandum, and prepares his certificate— Form 420 — of the result of the proceeding, and such certificate is signed, approved and filed, and becomes absolute in the usual way. See note to Form 183. Where, however, it is intended that the lease shall be granted without delay, the following course is usually pursued: When the contract has been approved as above explained, a note to that effect is made by the chief clerk, and, instead of an order being then drawn up, the proceeding is adjourned till the draft lease has been left at chambers for settlement ; On the draft being so left, an appointment is obtained and served to settle it ; The draft is afterwards settled and engrossed, and the engross- ments verified and left at chambers, with the office copy affidavit, as before explained, and the chief clerk, instead of a certificate, issues a minute— Form 416 ^of an order approving the contract, and of the lease to be executed in pursuance thereof, and a formal order is thereupon drawn up by the registrar, and completed in the ordinary way; The order and certificate, if any, are usually recited or referred to in the lease, &ee Form 417. Sometimes the Judge directs that the lease shall only be settled by him in the event of the parties differing about the same ; In such case it seems usual to draw up at once an order confirming the contract, with, a direction, so qualified as to the settle- ment of the lease ; No proceeding under the order is taken at chambers till a difference has arisen between the parties ; and then the initiatory steps are regulated LANDLOKD AND TENANT. 414-415. by the 35 C. O. r. 17, in Appendix A.; Morgan, 531 ; The subsequent stages are the same as above explained in the case of an order and certificate. 414. Summons to carry eontraot into effect. In Chancery. ( TitJe.) {Commence as in Form 7), on the hearing; of an application on the part of the plaintiffs [Or, defendants], that the conditional contract, dated the day of , 186—, between the defendants A. B. and C. D., of the one part, and G. H. of the other part, for granting to the said Gr. H. a lease of ttie premises therein mentioned, part of the estates devised in trust by the will of the testator, E. F. {or as may he), may be carried into effect, such lease to be settled by the Judge (in case the parties differ). Dated {^c. Form 7). Note:— See note to Form 413a. 415. Sketch of affidavit in support. In Chancery. {Title.) We, L. M., of {address and addition), and R. S., of, S^c, severally make oath and say : and first I, the said L. M., for myself say, as follows : — 1. I am, and have for years last past acted as, the agent of the trustees of the will of E. F., late of, Sfc, deceased, the testator in this cause, in the management and letting of the estates situate at -; '■, devised in trust by the said will, and I am well acquainted with the premises mentioned and referred to in the agreement marked A, dated the day of , 186 — , now produced and shown to me, and which premises form part of the said trust estate. 2. I have, under the directions of the said trustees, negotiated with Gr. H., in the said agreement named, for leasing to him the said pre- mises on the terms mentioned in the said agreement (and in the draft lease marked B. therein referred to, and now also produced and shown to me). 3. I have well considered the value of the premises comprised in the said agreement, and in my judgment and belief the yearly rent of £ therein mentioned is the best yearly rent that can be obtained for the same, regard being had to the nature of the lease - proposed to be granted under the said agreement. 4. The said agreement marked A. (and the said draft lease marked B.) contains (contain respectively) all proper and necessary clauses and provisions, and in my judgment it, will be beneficial to the said estate B 2 416. LANDLOKD AND TENANT. that the said agreement should be confirmed by this honorable court, and that the lease therein referred to should be granted on the terms thereof. 5. I have made proper enquiries as to the means and capacity of the said G. H. to perform and fulfil the terms of the said agreement and lease respectively, and from the information derived by me in conse- quence of such enquiries I verily believe the said G. H. is of ability to, and will, perform and fulfil the said terms. And I, the said R. S., for myself say, as follows : — 6. The name or signature " " set and subscribed to the paper writing marked A., now produced and shown to me, purporting to be an agreement, dated the day of , 186 — , between A. B., and C. D., of the one part, and G. H. of the other part {If so, and the name or signature " " set and subscribed to the paper writing marlied B., now produced and shown to me, purporting to be the draft of an intended lease between the same parties), is (are respectively) of the proper handwriting of the G. H. in the said paper writing marked A. named, as I know from {State means of knotvledge, as : having seen the said G. H. write the said name or signature ou the day of , 186-). Sworn (^c, Form 16). Note; — See Form 15; and note to Form 413a. 416. minute of order approving contract (and the lease to be granted thereunder). Master of the Rolls 1 [Or, Vice-Chancellor ], }■ 186 — at chambers. J A. «B. Appeared : Mr. W. for the plaintiffs. Mr. Y. for the defendants. Read : Enter the evidence, as : Probate of the will of E. F., the testator in the pleadings named, dated the , 186 — ; Decree dated the , 186 — ; An aflBdavit of L. M., and R. S., filed the , 186 — , and the exhibit A. thereto (being the contract hereinafter mentioned), and the exhibit B. thereto. If the lease is to be approved hy the same order, add: And an affidavit of R. S., filed the , 186 — , and the exhibits C, D., and E. thereto {engrossments of lease and ■ ' counterpart, and draft). Order riiade, that the conditional contract, dated the day of , 186 — ,• bietween the defendants A. B., and C. D., of the one part, LANDLOED AND TENANT. 417-418. and G. H. of the other part, for granting to the said G. H. a Jease of the premises therein mentioned, part of the estates devised in trust by the will of the testator E. F., be carried into effect, such lease to be settled by the Judge {If so, in case the parties differ) ; If the lease is approved by the same order, omit direction to settle, and arfd.-— And that the said A. B., and C. D., do execute the inden- ture, marked C, intfended to be made between the said A. B., and C. D. of the one part, and the said G. H. of the other part, which has been settled and approved by the Judge as a proper lease in conformity with the said contract, and is identified by the signature of the chief clerk in the margin of the engrossment of the said lease, and of the counter- part thereof respectively ; And that the said counterpart be executed by the said G. H. X. Y., Chief Clerk. Note: — See note to Form 413a. 417. Reference in lease to order (and certificate) approving same. This indenture, made the day of , 186 — , between A. B., of, Sfc and C. D., of, ^c., the trustees of the will of E. F., late of, Sfc, deceased, bearing date the day of , 186 — {or as may be), of the one part, and G. H., of, S^c, of the other part, Witnesseth, that the' said A. B., and C. D., in pursuance of, and in obedience to, an order of the high court of chancery, bearing date the day of , 186 — , made by his honor the Master of the Rolls [ Or, Vice Chancellor ], in a certain cause of A. against B. (186 — , A. No. — ) — If so, and. in exercise of the power of leasing vested in them by the said will — and by virtue of any and every other power or authority enabling them in this behalf, do, by these presents — which have been settled and ap- proved by the Master of the Eolls \^0r, said Vice Chancellor], the Judge to whose court the said cause is attached, as appears by the said order [ Or, if approved by certificate, say, as appears by the certificate of his chief clerk dated the day of , 186 — ], and by the memorandum in the margin (of the first skin) hereof, signed by his (the said) chief clerk — (limit and appoint by way of lease, and also) demise and lease unto the said G. H., Sfc, Sfc. Note : — See note to Form 413a. 418. Affidavit verifying engrossments of lease aiid counterpart. In Chancery. {Title.) I, R. S., 0? {address), gentleman [Or, clerk to Mr. S. R., oi {address), gentleman] the solicitor in this matter and (or) cause for the plaintiff [Or, defendant, SfC.'], make oath and say, as follows : — 419t420. landloed and tenant. 1. I have carefully examined and compared each of the two parch- ment writings now respectively produced and shown to me, and marked respectively with the letters C. and D., with the draft or paper writing now produced and shown to mo, and marked with the letter E., being the draft of the lease settled at the chambers of the Judge to whose court this matter and (or) cause is attached ( Where the lease is settled in pursuance of an order, add, pursuant to the order made therein dated the day of , 186—). 2. Each of the said parchment writings is a true and correct tran- script and engrossment of the said draft, as I know from the examination and comparison thereof made by me as aforesaid. Sworn, (Sfc, Form 15). Note:— See Form 15; And see Judges' Reg., Form 19, in Bloxam, 36, 52; Morgan, 730. See also note to Form 413a. 419. Memorandum of approval of lease and counterpart. (In the matter of ) A. V. B. The Master of the Rolls \^0r. Vice Chancellor ], the Judge to whose court this matter and (or) cause is attached, has settled and approved this indenture. X. Y., Chief Clerk. Note ; — See note to Form 413a ; The memorandum should be written in the margin of the first skin of the lease and counterpart respectively. 420. Certificate of approval of lease. (Title.) In pursuance of {Sfc., Form 185). A proper lease to be granted to G. H., in conformity with the con- tract dated the day of , 1 86 — , in the said order mentioned,, has been settled and approved, consisting of an indenture to be made between (the defendants) A. B., and C. D., of the one part, and the said G. H. of the other part, and identified by my signature in the margin of the engrossment of the said lease, and of the counterpart thereof respectively. The evidence produced hereon consists of the affidavit of R. S. filed the , 186—, and the exhibits C, D., and E. therein referred to. Dated {^c , Form 185). Note; — See note to Form -H-Sa'. LANDLOED AND TENANT. 421-422. 421. Summons for leave to grant renewed lease. (Commence as in Form 7), on the hearing of an application on the part of the (plaintiffs), that they, as trustees of the will of the testator A. B. (or as may be), may be at liberty, on payment to them of a fine of ^ , to grant a renewal, for the term of years, of the sub- sisting lease, dated the day of , 18—, of the house (farm, land), and premises called , situate at , granted by (the said testator) to C. D., and for that purpose to accept a surrender of the said subsisting lease, such sum of £ to be accounted for by the applicants on passing their accounts in this cause ; And that such new- lease may be settled by the Judge (in case the parties differ). Dated (4-c., i^orm 7). Note : — As to the renewal of leases, and herein : of covenants to renew, whether, perpetual or not — forfeiture of right to renew— renewals by minors, lunatics, and married women — and renewal without surrender of underleases, See Woodfall, 315-9 ; And see Sugd. Pow. 764-8, 987 ; Sugd. V. & P. 870; W. P. R. P. 223, 370, 1. See also note to Form 422, 422, Summons for leave to accept renewed lease. {Commence as in Form 421), may be at liberty to accept and talie a renewal, for the term of years, of the subsisting lease, dated the day of , 18 — , of the house (farm, land,) and premises called , situate at , granted by C. D., to (the said testator), and for that purpose to surrender the said subsisting lease, such new lease to be settled by the Judge (in case the parties differ); And that the appli- cants may be at liberty, out of the rents and profits of the said premises {or other fund), to pay to E. F. the sum of £, , as the fine and fees for sucli renewal, and be allowed the same on passing their accounts; Dated {^c. Form 7). Note: — For a collection of orders as to : the renewal of leases — and providing for renewal fines — and for contribution thereto by life tenants. See Seton, 513-7 ; And for the cases as to : where life tenant is bound to renew, or contribute — ^where there is a provision for renewal — and where none — life tenant renewing, though not bound — and enforcing covenant to renew. See Seton, 518-21 ; And see as to the apportionment of renewal fine between tenant for life and remainder-man, Harris v, H., H W. B, 451. On the duties of trustees of renewable leaseholds. See Lewin, 270-84, 776 ; And under the S3 & 24 V. u. 145, s. 8, in Morgan, 310, See Sugd. Stat. 303-4 ; Lewin, 272 ; And as to raising renewal expenses by mortgage, See 23 & 24 V. c. 145, s. 9, in Morgan, 310 ; Sugd. Stat. 304. And see Peachey, fi05; 2 Spence, 542-51; And note to Form 421. 423-425. LA.NDJ.ORD AND TENANT. 423. Summons for leave to license an assignment. (^Commence as in Form 7), on the hearing of an application on the part of the (plaintiffs), that they [Or, that the (defendants) A. B., and C. D.] as trustees of the will of the testator E. F., (or as may be), may- be at liberty to grant to G. H. license and consent to assign and transfer his estate, term, and interest in the premises demised by the indenture, dated the day of , 186 — , made between the said testator of the one part, and the said G. H. of the other part {or as may be), unto L. ]M. of (address and addition), his executors and administrators. Dated (*c., Form 7). Note; — ;As to : covenants not to assign or underlet ■without license — upon whom binding — license to assign or underlet — what is a breach of such coTCnants — and waiver of forfeiture, See Woodfall, 525-32 ; And see 22 & 23 V. c. 35, ss. 1-3, and 23 & 24 V. c. 38, s. 6, In Morgan, 2?7-9, 299 ; Sugd. Stat. 310-1-2. And for Forms of license, assignment and surrender, and memorial of assignment, See Woodfall, 992-7. 424. Summons for leave to distrain. (Commence as in Form 7), on the hearing of an application on the part of the (plaintiff) that he [Or, that A. B., the receiver appointed in this cause] may be at liberty to distrain the goods and chattels (and also the cattle and growing crops) in and upon the house [^Or, farm, land,] and premises of C. D., situate at , for the arrears of rent due from him to the estate of the testator E. F. (or as may be). Dated (S^c, Form 7). Note : — As to distress for rent generally — who may distrain — -what may or may not be distrained — and proceedings in distress. See Woodfall, 357-429. 1073-5; And for Forms, See Id., 1024-8 ; See also Dixon, vlii-lx, 200-30, 494-6, and new appendix, vii, 36-44; Add. Cont. 334; L. C. Conv. 187-94 ; 4 Petersdorff, 88-117. As to distresses by a receiver. See Woodfall, 376 ; Seton, 1013, 6 ; Daniell, 1005 ; 1 Smith, 1032 ; 1 Grant, 373. 425. Summons for leave to give notice to quit. (Commence as in Form 424), may be at liberty to serve A. B. with a notice requiring him to quit and deliver up possession, on the day of next, of the house \_0r, farm, land,] and premises, situate at , held by him as tenant thereof to the estate of tlie testator E. F. (or as may be). Dated (^c, Form 7). NoTEr^As to :. when a notice to quit Is necessary or unnecessary— by and to whom to be given — form and service — and waiver. See Woodfall, 286-308-9, 1087-8; And for forms of notices, See Id., 998-9 ; And see Dixon, 523-4 ; Add. Cont. 353-62 ; 5 Petersdorff, 553-60. As to notice by a receiver to quitj See Woodfall, 52, 295 ; Daniell, 1006. 426-428. V. OUTSTANDING ESTATE. 426. Summons for leave to compound a debt or claim. ( Commence as in Form 7), on the hearing of an application on the part of the (plaintiffs), that they \_0r, that A. B., the receiver appointed in this cause] may he at liberty to accept a composition of in the pound on the debt of £ due from A. B., part of the outstanding estate of the testator C. D. \_0r, may be at liberty to compromise the claim made by E. F. against the estate of the testator C. D., by paying to the said E. F. the sum of £ Or, on the terms following, that is to say, i§-c.]. Dated (^-c, Form 7). Note : — For a collectiou of orders as to outstanding estate and securities, See Seton, 189-191. As to the duty of trustees and executors in respect to outstanding property, See ■2 L. C. Eq. 733-9, 971-2 ; 2 Spence, 923-4 ; 4 Petersdorff, 360-1. For the eases on conversion of personal property given in succession, See Seton, 218-21 J Lewin, 227-32, 720; 2 L. C. Eq. 275-84; 2 Spence, 962; Smith Pis. 485. As to the executor's power, to compromise or arbitrate debts or claims, in cases not under the administration of the court. See Williams' Exors, 1632,ed. 5; 23 & 24 V. c. 145, B. 30, in Morgan, 319. As to the appointment of a receiver of the outstanding estate. See Form 383 ; And as to proceedings to get in same. See Forms 412, 428. 427. Summons for leave to pay a call on shares. ( Commence as in Form 426), at liberty out of the monies in their hands, part of the personal estate of the testator C. D. {or other fund), to pay the call of £ — ~ per share now due on the shares in the company, forming part of the said estate. Dated (^c, Form 7). Note: — See note to Form 426. 428. Summons to get in outstanding estate. {Commence as in Form 1), on the hearing of an application on the part of the (plaintiffs), that (the defendants) may be at liberty (ordered) to proceed to get in the outstanding estate of the testator C. D., speci- fied in the affidavit of A. B. filed the day of , 186—, and to take such proceedings therein as the Judge shall direct ; And thafin cuse the same or any part thereof shall be directed to be put in suit, 429-430. RAISING DEFICIENCY OF PEESONAITT. the (defendants) may be indemnified therein out of the said testaior's estate; And that the (defendants) may, within (fourteen days) from the re- spective times of receipt, pay the amounts which shall from time to time be received by them in respect of such outstanding estate (the amoHints and times of receipt to be verified by affidavit) into the bank to the credit of this cause. (Add direction to invest, See Form 383.) Dated (^c, Form 7). Note : — See note to Form 426. 429. Sninmons to sell particular securities. (^Commence as in Form 428), to sell the {describe, whaf), part of the outstanding estate of the testator C. D.; and may within (fourteen days) from the receipt pay the money to be received in respect thereof into the bank {Sjc, Form 428). Dated (4-0., Form 7). Note ; — See note to Form 426. VI. RAISING DEFICIENCY OF PERSONALTY. 430. Order to raise from realty a deficiency of the personalty to pay debts and costs. It appearing by the chief clerk's certificate dated the day of , 186 — , that the personal estate of the testator C. D. is insufficient for payment of his debts and funeral expenses, and the costs of this cause, It is ordered that the taxing-master do tax the costs of the plaintiffs and defendants of this cause, as between solicitor and client ; And it is ordered that subsequent interest be computed on the debts of the testator mentioned in the (first) schedule to the said chief clerk's certificate ; And it is ordered that a sufficient sum to pay what shall be due in respect of such debts, interest, and costs, be raised by mortgage or sale of the testator's real estate mentioned in the (second) schedule to the said chief clerk's certificate, or a competent part thereof, with the approbation of the Judge ; And it is ordered that in case the same shall be raised by mortgage, such mortgage be settled by the Judge, and be executed by all neces- sary parties, as the Judge shall direct; And it is ordered that A. B., the tenant for life of the said estate, and the tenant for life for the time being [ Or, R. H., and J. S., the trustees] under the will of the said testator, keep down the interest of such mortgage; RAISING DEFICIENCY OF PERSONALTY. 431. And it is ordered that the money to arise by such mortgage or sale be applied in payment of such debts, interest, and costs, and be in the meantime paid into the bank, to the credit of this cause {If by sale, add, " The proceeds of the sale of the testator's real estate "); ' And if such money shall be raised by mortgage, It is ordered that upon the due execution of such mortgage, out of the said money when so paid into the banlj, the said costs be paid as follows, that is to say: the costs of the plaintiffs to Mr. B. A., their solicitor, and the costs of the defendants to Mr. C. D., their solicitor ; And thereout also it is ordered that the amounts which shall be so certified to be due to the several creditors of the said testator named in the said (first) schedule to the said chief clerk's certificate, in respect of their said debts and interest, be paid to them respectively, or to the legal personal repre- sentatives of such of them as may be dead ; But if such money shall b§ raised by sale, any of the parties are to be at liberty to apply in chambers for the application thereof as they may be advised. Note: — For the above order, See Seton, 245 j And for the mode of working out same. See Id. 246.; And see ante Part xii. For certificate verifying copy order — note of solicitors' names — and summons to proceed, See Forms 118-120. As to when, and to what extent, the real estate Is liable to make good a deficiency of the personalty. See nole to Form 193. 431. Summons for payment in by proposed mortgagee. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that it appearing that the sum of £ will be required to pay the amount due in respect of the debts, interest, and costs, by the order dated the day of , 186 — , directed to be raised by sale or mortgage of the te.stator's real estate, and that R. S. is willing to lend the said sum of £ upon the security of the indenture of mortgage hereinafter mentioned of the said estate, the said sum may be raised by mortgage accordingly ; And that the said E. S. may be at liberty, on or before the day of , 186 — , to pay the said sum of £ into the banlc to the credit of this cause ; And that upon such payment being made, the defendants E. H. and J. S. may execute and deliver to the said R. S. the indenture intended to be made between {state the parties), which has been settled and approved by the Judge as a proper mortgage to be executed in pursu- ance of the said order, and is identified by the signature of the chief clerk in the margin of the engrossment thereof. Dated (^c. Form 7). Note: — For the above order, See Seton, 245. 432. KAISINK DEFICIENCY OF PEKSONALTY. 482. Powers to redeem and of sale in a mortgage of an estate in settlement. Power to redeem: — Provided always, and it is hereby agreed and declared, that if the said E. H. and J. S. (the trustees), their heirs or assigns, or other the trustees or trustee for the time being of the said will of the said S. W. {the settlor), or their or his cestuis que trust, or any of them, shall pay or cause to be paid unto the said R. S. {the mortgagee'), his executors, administrators, or assigns, the sum of £ {amount borroioed) sterling, on the day of {twelve months) now next, together with interest for the same, in the meantime, at the. rate of £ per cent, per annum, by equal half-yearly payments on the day of {six months) now next, and the said day of next, without any deduction or abatement whatsoever (except for the tax on property or income), then, and in such case, and at any time after such payments shall be so made, the said R. S., his heirs or assigns, shall and will, at the request, costs, and charges of the persons or person making such payment, convey and assure, and the said J. S. {assignee of term), his executors, administrators, or assigns shall sur- render, the said hereditaments, with the appurtenances, unto such person or persons, their or his heirs and assigns, or otherwise as they or he shall direct, freed from all incumbrances by the said R. S., or his heirs, or by the said J. S., or his executors or administrators, or by any person or persons claiming through or under them respectively, in the meantime. Power to sell on default: — Provided always, and it is hereby agreed and declared, that if default shall be made in payment of the said prin- cipal sum hereby secured, or any part thereof, at the time hereinbefore appointed for payment of the same, or in payment of the interest on the said principal sum, or any part thereof, for the period of 21 days after any of the half-yearly days on which such interest ought to be paid, then, and in any such case, and notwithstanding the waiver of any previous default, it shall be lawful for the said R. S., his heirs, executors, administrators, or assigns — without any further authority or consent, and notwithstanding the dissent df any other person or persons — abso- lutely to sell and dispose of the said hereditaments expressed or intended to be hereby conveyed, either together or in parcels, and by public auction or private contract, for such price or prices, and subject to such special or other conditions or stipulations relative to title or evidence of title, or of any other description, as the said R. S., his heirs, executors, administrators, or assigns shall think fit, and to buy in the premises at any such auction or auctions, and afterwards to sell the same in manner aforesaid, without being answerable for any loss which may arise thereby, and to give a receipt or receipts for the purchase-money, which shall be a sufficient discharge to the purchaser or purchasers, and exonerate him and them from any liability to see to the application thereof; And with and out of such purchase-money, to pay all expenses EAISING DEFICIENCY OF PERSONALTY. 433. attending or occasioned by such sale or sales, and to apply the surplus in or towards payment of the said principal sum of ^ , and interest, or so much thereof respectively as shall for the time being remain unpaid, and all expenses (if any) which may have been occasioned in or about recovering the same ; And to pay the ultimate surplus, if any, of such purchase-money, unto the said R. S. and J. S., or the survivor of them, his heirs or assigns, or their or his cestui que trust, or cestuisque trust ; Notice before sale: — Provided nevertheless, and it is hereby agreed, that before any sucli sale as aforesaid shall be made, the said R. S., his executors, administrators, or assigns, shall give unto the said R. H. and J. S,, or the survivor of them, his heirs or assigns, six calendar months' notice in writing of the intention of making such sale, by delivering such notice to them or him, or leaving the same at their or his then most usual, or last known places or place of abode in england ; But that no purchaser or purchasers shall be bound to ascertain or enquire whether any such notice has been given, or whether any money is owing upon this security, or otherwise into the necessity or propriety of any sale purporting to be made in exercise of this power ; Sanction of Judge before sale : — Provided nevertheless, that the power of sale hereinbefore contained shall not be exercised unless, or until, the sanction of the Judge to whose court the said cause of W. v. IJ. {suit in which mortgage sanctioned) shall for the time being be at- tached, shall have been obtained to the exercise thereof; Exclusion of 23 Sf 24: V. c. 145.- — And it is hereby declared by the parties hereto, that none of the powers or incidents, by the statute of the 23rd and 24th years of the reign of Her present Majesty, chapter 145, conferred or annexed to particular offices, estates, or circumstances, shall take eflfect or apply to this security. Note: — As to the insertion of a power of sale in mortgages created with the sanction of the court, See Selby v. Cooling, 23 Beav. 418. 433. Becitals in mortgage of order to create same, and of payment in. {After recitals of decree, and chief cleiKs certificate of deficiency of •personalty) And whereas by an order dated the day of; , 186 — , made by the Master of the Rolls [Or, said Vice-Chancellor] in the said cause, the costs of the plaintiffs and defendants of the said cause were directed to be taxed. And it was ordered that subsequent interest {Sfc, Continue recital of the order to raise deficiency. See Form 430); And whereas by an order dated the day of -, 186 — , made by the said Judge in the said cause, after premising that it appeared that the sum of £ would be required to pay the amount due (&c.. 434. KEPAIES— DKAINAGE. See Form 431, to of the said estate), and that the Judge was of opinion that the said sum should be raised by mortgage, It was ordered that the said R. S. should be at liberty (Src, See Form 431, to the end, sub- stituting the parties therein named, for the names, fyc, of the intended parties to the mortgage), meaning tliereby these presents and the signa- ture in the margin hereof; And whereas in pursuance of, and in obedience to the last recited order, the said E. S., on the day of , paid the said sum of £ into the bank of england, with the privity of the accountant- general of the said court, to the credit of the said cause, as appears by the receipt of one of the cashiers of the said bank, and by the certifi- cate of the said accountant-general, dated respectively the day of , 186— ; Now this indenture witnesseth that in consideration of the payment of the said sum of £ by the said R. S. in manner aforesaid, 8;c-, ^c. Note: — For affidavit verifying engrossment of the mortgage, See Form 375. Vir. REPAIRS— DRAINAGE. 434. Summons for leave to (drain and) repair. {Commence as in Form 7), on the hearing of an application on the •part of the (plaintiff), that the (drainage and other) works and repairs specified in the afiidavit of B. A., filed the day of , 186 — , and in the exhibits marked A. B., Sfc., thereto, may be made, executed, and done, in and upon the (lands and) premises therein described, parts of the estate devised by the will of the testator W. D., under the direc- tion and superintendence of (D. G., the receiver appointed in this cause), at an expense not exceeding £ ; And that the applicant (said receiver) may be at liberty to pay the costs of such works and repairs, and be allowed what he shall so pay on passing his accounts. Dated (^c, Form 7). Note: - For orders as to repairs, See Setou, 273, 396, 507, 512, 3, 583. As to allowances to trustees for repairs, See Lewin, 340, 381-2; to mortgagees, Seton, 383 ; and to life tenants, Id., 509, 511, 3. As to repairing an infant's lands out of his personalty, See Lewin, 635. As to repairs by a receiver. See Seton, 1014, 7; Daniell, 1006 ; 1 Smith, 1034'; 1 Grant, 373, 384. As to improvements, See Lewin. 745. As to express and implied covenants to repair, and the remedies for breaches of contract to repair. See Woodfall, 1093-4. As to the drainage acts, See Seton, 527 ; Stamp, 141-2 ; Thriug on the 24 & 25 SALES UiNDEE ACTS AS TO PUBLIC WORKS. 435-436. V. c. 133 ; Woodfall, 575 ; And fov the general order (now obsolete) of 4 Mar. 1846 to regulate the procedure under the acts as to drainage of settled estates, See C. 0. 2, 231-8; Morgan, 333, 671-8. 435. Another form. (Commence as in Form 434), that the several works and repairs specified in the affidavit of A. B., filed the day of , 186 — , and in the exhibits A., B., &c., thereto, may be done and executed upon the premises described in the schedule hereto, parts of the estate devised by the will of the testator W. D., under the direction and superintendence of D. G., the receiver appointed in this cause, at an expense not exceeding the respective sums set opposite the description of the said premises respectively in the said schedule ; And that the said receiver may be at liberty to pay the costs of such works and repairs, and be allowed what he shall so pay on passing his accounts. Dated (^-c. Form 7). The schedule above referred to. Description of premises. Note: — See note to Form 434. Amount. VIII. SALES UNDER ACTS AS TO PUBLIC WORKS. 436. Summons to appoint a valuer under the lands clauses act, s. 9. ( Commence as in Form 7), on the hearing of an application on the part of the (plaintiff), that A. B., of (address and addition), may be appointed, on behalf of the parties interested under the will of the 'testator C. D. {or as may be), to ascertain the amount of purchase- money or compensation to be paid by the company, in respect of the lands, situate at , proposed to be purchased or taken by the said company for the purpose of their undertaking, and described in the affidavit of E. F., filed the day of , 186 — , and in the exhibit A. thereto. Dated {S^c, Form 7). Note: — See introduction to Part xviii, post. 437. IX. TIMBER. 437. Summons for leave to cut and sell timl)er. (^Commence as in Form 7), on the hearing of an application on the part of the (plaintiffs), that they [Or, that A. B., the receiver appointed in this cause] may be at liberty to cut and fell the timber and other trees specified in the affidavit of C. D., filed the day of ,^ 186—, and in exhibits A. and B. thereto; and to sell the same by public auction, according to the particulars and conditions of sale set forth in exhibits C. and D. to the said affidavit; And that (the said) A. B., (on giving security) may receive the purchase-monies for the said timber and other trees ; And that the costs of this application and consequent thereon may be taxed by the taxing-master, as between solicitor and client, including therein the expenses of surveying, valuing, and selling the said trees ; And that the said A. B. may out of the said purchase-monies pay and retain the said costs ; And that he may, virithin (fourteen) days after the date of the taxing- master's certificate, pay the residue of such monies (the amount to be certified by the taxing-master) into the bank to the credit of this cause (Add direction to invest, and to accumulate. See Form 383 — Or to pay income to tenant for life, ^c). Dated {^c. Form 7). Note: — For a collection of orders for inquiries as to timber cut, and proper to be cut — and for sale thereof, See Seton, 505-8, 511-3, 1014; And for injunctions to restrain, and for inquiries respecting, the cutting of ornamental timber, See Id., 890-4. For the cases as to the right to cut timber, and application of the proceeds, See Seton, 508-11; And see Id., 1413. As to cutting and selling timber by a receiver. See Seton, 1014-5, 7. For the cases on legal and equitable waste, See Seton, 89B-7, 1422 ; 1 L. C. Eq. 604-24, 792-4 ; 2 Spence, 570-3 ; Woodfall, 1 100 ; Lewin, 793 ; W. F, R. P. 23-5 ; Smith Pis. 454-6; Add. Wrongs, .118-128, 851; Add. Cont. 342-3; Sugd. Stat. 95. As to trees and timber, and herein : of what is deemed timber— and implied rights, express contracts, and waste, as to trees, See Woodfall, 489-93, 921. As to what trees are timbsr by the custom of different counties, and for information on a variety of points respecting : timber and other trees — who may or may not cut — what may or may not be cut — cutting and selling— fences, §-c.. See Dixon, iii-iv, 551-2, and new appendix, v, 15-21; And see Add. Wrongs, 154-6. For the mode of working out an order for sale of timber, See 1 Smith, 1022 ; And for the conditions of sale, 2 Id., 299. For an agreement for sale of standing timber, See 2 Davidson, 20. 438. PART XY. INYESTMENTS IN LAND-AND ON MOETGAGE. 438. Summons for leave to bid for the purchase of an estate. (Commence as in Form 7), on the hearing of an application on the part of the (plaintiffs), that they, as trustees of the will of the testator, A. B. {or as may be), may be at liberty to bid, at the sale thereof by public auction on the day of , any sum not exceeding £ , for the purchase of (lot of) the estates situate at , described in the particulars and conditions of sale, marked A., exhibited to the aflSdavit of C. D., filed the day of j 186— (or as may be), and to become the purchasers of the said estates (lot) at the sum so bid, on the terms of the said particulars and conditions. Dated (S^c, Form 7). Note : — As to investments ty the court, and by private trustees -with or without its sanction: under an express power in the settlement — under 4 & 5 W. 4, c. 29, in Seton, 527— under 22 & 23 V. c. 35, s. 32, 23 & 24 V. c.38, ss. 10-12, and Gen. Ord. 1 Feb. 1861, in Morgan, 293, 300-2, 683-4— under 23 & 24 V. u. 145, s. 25, in Morgan, 316— and in other cases, See Lewin, 232-251, 699-700; Seton, 64-5,490-2, 527, 775-8; Sugd. Stat. 323-4; And see 2 L. C. Eq. 743-7, 972-3]; 2 Speuce, 925-7. As to the investment on mortgage of proceeds of a sale under the settled estates acts. See WaU v. Hall, 11 W. R. 298. As to what is deemed a sufficiency in value on a loan by trustees upon mortgage, See Lewin, 242. As to loans by trustees on second mortgages. See Lewin, 245 ; 2 L. C. Eq. 746. As to the court's sanction to a provision that a loan on mortgage should not be called in for a term of years, See Re Allies, cited Lewin, 245-(o). As to the liability of trustees to payment of interest, See Lewin, 251-7. And see note to Form 218. An application for the investment of funds under the control of the court, or otherwise under its administration, in the purchase of landed property, or on mort- gage, as a general rule must be iaaAe by petition ; In some cases, however — as in proceedings under the defence act, 1860, s. 23, and under several estate acts passed since 1852 a summary jurisdiction at chambers has been expressly conferred by statute ; In other cases the court in sanctioning, on petition, the investment of a fund, whether under its general or statutory jurisdiction, has given liberty to the S 438. INVESTMENTS IN LAND AND ON MORTGAGE. parties to apply at chamliers as to future investments ; And there are several other classes of exceptions. On the hearing of a petition for investment in a purchase or on mortgage, if there is due proof that the investment is proper, the court approves of it, subject to an inquiry, as to the title ; If not, it allows the petition to stand over, or sends an inquiry, or adjourns it generally for consideration in chambers, See Seton, 492. On an application by summons — Form 439 — for the like object, the Judge either approves the investment, subject to an inquiry as to title, or refuses the application ; If the order is made, a minute of it — Form 44 1 — is prepared and signed by the chief clerk, and transmitted to the registrar, and he draws up therefrom a formal order, which is passed and entered in the usual manner. See note to Form 22. To obtain the order for investment, there must be an a£Gidavit of one or more surveyors stating the value, rental, and outgoings, and the circumstances which render the investment desirable. See Seton, 492 ; And Form 440; And if, as is usually the case, a written agreement has been entered into for the purchase or loan, the terms of it must be shown, and the signature of the proposed vendor or mortgagor should be proved ; For a precedent of an agreement for a purchase to be made with funds in court, See 2 Davidson, 56; And see ante, Form 338. When the order approving the investment, whether made in court or at chambers, has been entered, a certified copy of it — Form 118 — is left at chambers by the prose- cutor of the order, and a summons to proceed thereon — Form 120 — is taken out and served on all proper parties; On the return of this summons, or at an adjourned meeting, the abstract of the title to the property proposed to be purchased or mort- gaged, and the office copy of an affidavit— Form 442 — -verifying it, are produced to the chief clerk, and he initials the abstract, and issues a direction to the cunvey ancing counsel — Form 443 — to advise on the title, and, if approved, to settle the draft con- veyance or mortgage ; The prosecutor next procures the registrar's clerk to insert at the foot of this direction the name of the conveyancing counsel in rotation — See 2 C, O. r. 3, in Morgan, 356 — and lodges the abstract, office copy affidavit, and direction with such counsel, paying his fees ; The title is afterwards investigated in the ordinary manner. When the title and draft conveyance or mortgage have been approved and settled by the conveyancing counsel, either such draft or a fair copy of it — in the latter case accompanied by the solicitor's certificate that it is a true copy, Form 444 — is left at chambers, and an appointment to further proceed is obtained there and served on the parties ; At such appointment, or at an adjournment, the draft is gone through and settled, with or without the assistance of the Judge, and is delivered out for engross- ment ; The draft contains recitals of the order of inquiry, and of the Judge's approval of the title and deed. See Form 445, paragraphs I and 2 ; And see as to the ■testatum. Forms 446-7. The deed is then engrossed ; a memorandum of approval — Form 377 — is written in the margin of the first skin ; and an affidavit— Form 375— verifying such engross- ment is made and filed ; The engrossment (when stamped), and draft, and an office copy of the affidavit, are then lodged at chambers for examinaiion ; The chief clerk's certificate— Form 449— of the result of the proceeding to this stage is bespoken; And an appointment is obtained and served to settle the draft of such certificate ; At the INVESTMENTS IN LAND — AND ON MORTGAGE. 438. chambers of the Master of the Rolls a summons— Form 186— for this purpose is required to be taken out and served. At such appointment the ofiBce copy of an affidavit— Form 448— should be pro- duced of the result of such searches for judgments, &c., as the conveyancing counsel may have directed, or as may otherwise have been made, and if the affidavit is satisfactory the draft certificate is settled, and is afterwards transcribed, signed, approved, and filed, and becomes absolute in the ordinary manner, See note to Form 185 J The chief clerk also signs the memorandum of approval in the margin of the engrossment, and the engrossment is delivered back for completion to the prosecutor; If any unsatisfied incumbrance or other impediment is disclosed by the afiidavit of searches, the settlement of the certificate is deferred till the same has been removed. The searches for incumbrances must be brought down to the date of the certificate of approval ; Usually the certificate is dated on the day on which the affidavit of searches is filed. If the purchase or mortgage money is to be raised or otherwise paid out of a fund in court, the money will not be paid till evidence is produced to the accountant- general that such parties as the chief clerk has certified to be the proper persons to execute the deed have executed the same ; and will then be paid to the persons certified by the chief clerk as being entitled to receive the money. This proof to the accountant-general of the execution of the deed has sometimes been directed to be made by affidavit; but this is not the proper course, as it is not the accountant-general's duty to judge of the sufficiency of the affidavit, Seton, 492 ; It is therefore now the usual practice to direct, by the order of inquiry, that the execution of the deed by the proper parties shall be certified by the chief clerk. To obtain such certificate of execution the prosecutor leaves at chambers an office copy of the chief clerk's certificate of approval, the executed deed, and the office copy of an affidavit — Form 450 — proving such execution, and bespeaks the draft certifi- cate; The certificate— Form 451 — is then prepared and completed in the usual way, but the appointment to settle it is not as a rule, attended by any other party than the prosecutor of the proceeding; A supplemental affidavit of searches down to the date of this second certificate docs not seem to be usually required. On production of the order and office copies of the. two certificates to the registrar's clerk at the order of course seat, he will prepare the registrar's direction to the accountant-general to sell the stock ; and the direction and other papers are then lodged at the proper seat in the accountant-general's office, and the sale bespoken ; When the sale has been effected — or if the money is payable under the order out of cash, then after lodging the order and certificates, and bespeaking the check — a check on the bank for the money will be delivered out by the accountant-general's clerk to the persons named in the chief clerk's certificate, on their being identified ; And such persons then usually sign a memorandum, indorsed on the deed, admitting the receipt of the money, and deliver up the deed. See Forms 446-7. To save the expense of a second certificate of the chief clerk, the following departure from the course of procedure above explained is now sanctioned at some of the chambers: Instead of issuing a certificate of approval before the deed is signed, and a certificate of execution afterwards, the chief clerk, after the execution of the deed, makes one certificate — See Form 449 — combining therein the subjects of the s 2 439-440, INVESTMENTS IN LAND — AND ON MORTGAGE. two certificates above explained ; But as the deed is dated anterior to the certificate of execution, an alteration becomes necessary in the form of recital therein of the Judge's approval, See Form 445, paragraphs 1 and 3. As to the mode of -working out an order approving a purchase, See also I Smith, 1023-5. 439. Summons to approve of a purchase — or of an investment on mortgage. ( Commence as in Form 7), on the hearing of an application on the part of the (plaintiffs), that the real [Or, freehold — Or, copyhold] and \or) leasehold estate, situate at , mentioned in the affidavit of A. B., filed the day of , J 86 — {or as may be), may be approved as a fit and proper purchase wherein to invest [^Or, if as a mortgage, say, a fit and proper estate whereon to invest, by vpay of mortgage,] the sum of £ , to be raised out of the £ bank 2>l. per cent, annuities, standing in the name of the accountant-general, in trust in this cause (or other fund) ; And that all necessary consequential directions may be given. Dated (^-c, Form 7). Note : — See note to Form 438. 440. Sketch of a surveyor's affidavit in support. 1, H. S., of (address and addition), 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. On the day of last past, I did, on behalf of (state whom), make a careful survey of the estate, situate at , in the parish of , in the county of , mentioned and described in the paper writing, marked A., now produced and shown to me (exhibit valuation), and also in the conditional contract marked B., dated the day of , 186 — , for the purchase of the said estate, now also produced and shown to me (exhibit contract, if any). 3. To the best of my knowledge, information, and belief, the acreage and other particulars of the said estate so surveyed by me are truly and correctly set forth in each of the said paper writings, marked respect- ively A. and B. 4. I have made a careful estimate and valuation of the estate so surveyed by me, including the houses and other buildings thereon, and in so doing I have taken into consideration the tenure and situation of the said estate, the nature and quality of the land, the sufficiency and INTESTMENTS IN LAND AND ON MORTOAGE. 441 state of repair of the buildings thereon, the nature of the holdings of the several tenants, and the rents payable by them, and also what would be a fair and safe price for a purchaser to pay for the said estate as an investment, and in expectation of being able to obtain a similar or better price for the same upon a resale. 5. To the best of my judgment and belief, founded on the survey, estimate, and valuation aforesaid, the said estate is fully and fairly worth, as a present investment, the sum of £ ; and I have in the said paper writing, marked A., set forth, to the best of my judgment, information, and belief, the separate values of the several portions of the said estate. 6. {State such other facts as will enable the Judge to form his own opinion as to the value of the property, and the desirability of the pro- posed purchase). Sworn {S)C., Form 16). Note : — See Form 15. In the Taluation exhibited it seems desirable to show, in parallel colnmns : the tenure — short particulars of the parts in hand, and tljeir estimated annual valae — short particulars of the parts let, and at what rents — and the acreage, number of years' purchase, and value of each portion, with any qualifying observations; The outgoings must also be clearly shown. As to the contents of a surveyor's affidavit in like ease. See Re Kinsey, 1 N. R. 30.3 ; And see note to Form 438. 441. Minute of order approving investment. Master of the Rolls "j [Or, Vice-Chancellor V 186 — 1, at chambers. J A. V. B. Appeared: Mr. W., for the plaintiffs. Mr. Y., for the defendants. Read: Enter the evidence, as: — Probate of the will of the testator A. B., dated the , 1 8 — ; Decree dated the , 186 — ; Affidavit of H. S., filed the — — , 186 — , and exhibits A. and B. thereto. The Judge being of opinion that the real [^Or, freehold — Or, copyhold] and (or) leasehold estates, situate at , mentioned in the affidavit of C. D., filed the , 186 — , and in the exhibits A. and B. thereto, is a fit and proper purchase wherein to invest the sura of £ J to be raised as hereinafter mentioned [Or, in the case of a mortgage, say: The Judge being of opinion that it will be fit and proper, and for the benefit of the parties interested under the will of the testator A. B. {or as may be), that the £ to be raised as 441. INVESTMENTS IN LAND — AND ON MORTGAGE. hereinafter mentioned, should be laid out on the security, by way of mortgage, of the real (^^c, as above)^ doth order as follows : — That an inquiry be made whether a good title can be made to the said estate ; And if so, That a proper conveyance \^0r, assignment — Or, assurance — Or, a proper mortgage] of the said estate be approved by the Judge ; That upon the due execution of such conveyance \^0r, assignment —Or, mortgage] by such parties thereto as the Judge shall direct, such execution to be certified \_0r, in the case of copyhold property, upon the chief clerk certifying that such assurance has been duly made], so much of the £ bank 3/. per cent, annuities, standing in the name of the accountant-general in trust in this cause {or other fund), be sold as will raise the said sum of £ \_If timber has to he paid for, on a purchase, add: and the sum of ^ , tlie amount of the valuation of the timber on the premises — Or, if unascertained, together with the amount of the valuation of the timber on the said estate, such amount to be verified by affidavit — If interest may be payable, on a purchase, add: together with interest (less income tax) on the said sum of £ ; at the rate of £ per cent, per annum, from the day of , 186 — , to the day of payment, the amount of such interest to be verified by affidavit] ; And that the money to arise by such sale be paid to such person or persons as shall be named in the chief clerk's certificate as entitled to receive the same, and in such proportions as shall be therein men- tioned. If the costs of the purchase are to be taxed and paid, add: And that the costs, charges, and expenses of (all parties) in and about the purchase, and investigation of the title to the said estate, and their costs, as between solicitor and client, of this application, be taxed by the taxing-master ; And that so much more of the said bank 31. per cent, annuities (^or other fund) as will raise the said costs be sold ; and that out of the money to arise by such sale the costs of the plaintiffs be paid to Mr. S. W., their solicitor, and the costs of the defendants to Mr. R. Y., their solicitor. X. Y., Chief Clerk. Note:— For certificate verifying copy order — note of solicitors' names— and sum- mons to proceed, See Forms 118-120. For orders approving investment in the purchase of land, See Seton, 490, 1064-6 ; And on mortgage, See Id., 776 ; And for inquiry as to fitness of proposed modes of investment, See Id. ; And see note to Form 438. INVESTMENTS IN LAND — AND ON MORTGAGE. 442-444. 442. Affidavit verifying an abstract of title — ^regulation form. In Chancery. {Title.) I, E. F., of (address), gentleman, the solicitor for the (plaintiffs), in this matter and for) cause, make oath and say as follows: — 1. I say that I have carefully examined and compared the abstract ■written on sheets of paper now produced and shown to me at the time of swearing this affidavit, and marked with the letter A., with the several deeds and documents thereby purported to be abstracted, and that such abstract is a true and correct abstract of the said deeds and documents, so far as such deeds and documents relate to the heredita- ments referred to iu an order made in this cause [Or, matter] dated the day of , 186 — . * Sworn (4-c., Form 16). Note. — See Form 15; For the atove Form, See Judges' Reg., Form 18, in Bloxam, 36, 52 ; Morgan, 729. Where the affidavit is not made by the solicitor himself, the competency of the deponent to examine the abstract must be proved. An abstract to be laid before the conveyancing counsel preparatory to a sale by the court need not be verified by affidavit. And see note to Form 438. 443. Direction to conveyancing counsel. The Master of the Rolls 1 A v B [Or, Vice-chancellor ], \ r Or, In the matter of, ic^. J at chambers. J The Master of the Rolls ^Or, Vice-Chancellor ] has directed that the opinion of the conveyancing counsel in rotation be procured upon the title to the (describe the properti/ as in the order of inquiry), by the order of the day of , 186—, in this matter and (or) cause directed to be inquired into ; and, in case such counsel shall be ot opinion that a good title is shown, that the draft of the conveyance, ^c., by the said order directed to be settled, be perused and settled by such counsel. Dated this day of 186 — r^^.■ c r^t i X. Y., Chief Clerk. Mr. G. H. is the conveyancing counsel in rotation. , , ,, (Signature of registrar s clerk). Note : — See note to Form 438. 444. Certificate verifying copy of draft conveyance. In Chancery. _. ^ ^•^■^: f . ^ [Or, In the matter of, 4-c.] -, , ~ I certify the foregoing \_0r, within] to be a true copy of the draft con- veynuce [Or assignmentU^l as seltled by Mr. C, the conveyancing 445-446. INVESTMENTS IN LAND ^AND ON MOKTGAaE. counsel in this matter and {or) cause, pursuant to the order dated the day of , 186 — . CD., Solicitor for the plaintiff, \_0r, petitioner.] Note :— This certificate is required Then a fair copy of counsel's draft, instead of the original, is left at chambers, See note to Form 438. For affidavit verifying engrossment of the deed, See Form 375 ; And for memoran- dum of approval, See Form 377. 445. Recital of approval of conveyance by the Judge. And whereas by an order of the high court of chancery, bearing date the day of , 186 — , and made by his honor the Master of the Rolls [Or, Vice-Chancellor ] in a certain cause, wherein B. A. and others are plaintiffs, and A. B. and others are defendants \_0r, in the matter of, SfcJ], it was ordered that {recite order directing inquiry as to title, approval of conveyance, and payment of consideration) ; And whereas it appears by the certificate of the chief clerk of the said Judge dated the day of , 186 — , that a good title can be made to the said estates {as in order), and that this indenture has been settled and approved by the said Judge as a proper conveyance \0r, assignment — Or, mortgage] of the said estates pursuant to the said order, and that the said L. M. and N. O. are the parties to execute the said conveyance, ^c, and that the said L. M. and N. O. are the parties to receive the said consideration money of £ , in the proportions following, that is to say : the said L. M. the sum of £ , and the said N.O. the sum of £^ — . If the chief elerKs certificate is not intended to be made till after the execution of the deed, substitute for the last recital the following : And whereas the said Judge has approved of the title to the said estates {as in order), and ^his indenture has been settled and approved by the said Judge as a proper conveyance, ^c, of the said estates, to be executed by the said L. M. and N. O., pursuant to the said order as appears by the signature of his chief clerk in the margin hereof • And the said Judge has approved of the said consideration money bein'ff paid to the said L.M. and N. O., in the proportions following, that is tosav the sum oX £ to the said L. M., and the sum of £ to the said N. 0. Note : — See note to Form 438. 446. Testatum, where the consideration is to be paid out of a fund in court. Now this indenture witnesseth that in pursuance and execution of the said recited contract, and in obedience to tlie said recited order of INTESTMENTS IN LAND — AND ON HOKTGAGE. 447-448. the day of , 186 — , and also in consideration of the sum of £ of lawful money to be, immediately after the execution of these presents, raised by sale of 'part of the said sum of £ bank 3/. per cent, annuities, and to be paid to the said L. M. and N. O. in conformity with the said order and certificate, in the proportions following, namely : the sum of £ to the said L. M., and the sum of £ to the said N. O., the receipt of which sums of 36 and £ (making together the said sum of £ ), when so paid as aforesaid, is intended to be acknowledged by a memorandum in writing, under the hands of the said L. M. and N. O., to be indorsed on these presents, and which said sums of £ and £ (making together the sum of £ ) they do hereby respectively acknowledge to be the full consideration for the absolute purchase of the hereditaments and premises hereinafter granted and conveyed. They the'Said L. M. and N. O. do, Sfc, Sfc. Note : — See note to Form 438. 447. Another form. Now this indenture (^c, as in Form 446 to raised) and paid in the manner directed by the said order, the receipt of which said sums of £ , and £ , making together the said sum of £ , when so paid, is intended to be acknowledged {Sfc, as in Form 446). Note. — See note to Form 438. 448. Affidavit of searches for judgments and other incumbrances. I, C. D., of (address), solicitor [ Or, clerk to Mr. E. F., of (address), the solicitor] for the (plaintiffs) in this matter and (or) cause, make oath and say, as follows : — Judgments, orders, lis pendens: — 1. There is not any judgment, decree, order, rule, or lis pendens, or any memorandum or minute thereof, entered or registered from the day of , 18 — , to the day of , 186 — , both inclusive, in the books kept by the senior master of the court of common pleas at Westminster, pursuant to the statutes in this behalf, against A. B., of (address and addition), as the person whose estate is intended to be affected, as I know from having, on the day of , carefully searched the said books at the office of the said master situate in rolls' garden, chancery lane, london. Note: — As to searching for judgments, &c., See Sugd. V. & P. 537-43; Sugd. Stat. 318-9 ; W. P. K. P. 82. As to the registration and re-registration thereof, See 1 & 2 V. c. 110, s. 19, 2 V. c, 11, ss. 3, 7, 3 & 4 V. c. 82, s. 2, and 18 V. c. 15, s. 4, in Pask, 24-8; Sugd. V. & P. .521-7 ; And as to orders under 24 & 25 V. c. 134, s. 213,See Sugd. V. & P. 524. 448. INVESTMENTS IN LAND — AND ON MOBiaASE. As to the registration of writs of execution, See 23 & 24 V. o. 38, ss. 1-2, in Morgan, 295-7 ; Sugd. V. & P. 529-30; Pask, Appx. 3, et seq. And as to the mode of registering, re-registering, satisfying, and searching. See 23 & 24 V. c. 115 ; Pask, 10-13, 92-7, 117, 137; Sugd. V. & P. 545; Smith Prac. Conv. 41-3; And see note to Form 166. An order of the court of prohate for payment of money under 20 & 21 V. v. 77, s. 25, does not create a charge on land under 1 & 2 V. c. 110, Pratt v. Bull, 11 W. R. 295. As to judgments prior to I & 2 V. c. 110, See Sugd. V. & P. 516, 7-21. Crown debts: — 2. There is not any judgment, statute, recognisance, inquisition, obligation, or specialty made to Her Majesty, or acceptance of office, or any memorandum or minute thereof, entered or registered from the day of-^ — , 18 — , to the day of , 186 — , both inclusive, in the book intituled " The index to debtors and account- ants to the Crown," kept by the said senior master, pursuant to the statutes in this behalf, against the said A. B., as the person whose estate is intended to be affected, as I know from having on the day of , carefully searched the last-mentioned book at the office aforesaid of the said master. Note: — As to searching for crown debts. See Sugd. V. & P. 543 ; Pask, 104-109 ; W. P. R. P. 81, 414. As to the registration of crown debts, See 2 V. c. 11. s. 8 (4 June 1839). in Pask, 115 ; Sugd. V. & P. 543. As to re-registry to bind purchasers, mortgagees, or creditors, becoming such since 1859, See 22 & 23 V. c. 35, s. 22, in Morgan, 285; Sugd. V. & P. 543. As to satisfaction or exoneration, See 2 V. c. 11, s. 10, in Pask, 105 ; 16 & 17 V. c. 107, ss. 195-7, and 23 & 24 V. c. 115, s. 1; Sugd. V. & P. 544-5. As to the mode of registering, satisfying, and searching. See Pask, 104-14, 124-9, 141-2 ; And 23 & 24 V. c. 115. Annuities : — 3. There is not any annuity or rent-charge, or any memorandum or minute thereof, entered or registered from the 26th day of April, 1855 {date when the 18 V. c. 15, came into operation), to the day of , 186 — , both inclusive, in the books kept by the said senior master, pursuant to the statute in this behalf, against the said A. B., as the person whose estate is intended to be affected, as I know from having, on the day of , carefully searched the last- mentioned books at the office aforesaid of the said master. Note : — As to searching for annuities or rent-charges, See Sugd. V. & P. 547 ; Pask, 142; W. P. R. P. 414. As to the registration thereof. See 18 V. c. 15, s. 12, in Pask, 90 ; Sugd. V. & P. 547. And as to the mode of registering, satisfying, and searching, See Pask, 86-9, 117, 142 ; And 23 & 24 V. c. 115. INTESTMENXS IN LAND — AND ON MORTGAGE. 448. Inrolments : — 4. No statute, recognisance, annuity, or rent charge, or any memorial thereof, against the said A. B., or to affect his estate — If so directed: and no assurance by tVie said A. B., by way of disposition of lands under the statute 3 85 4 W. 4, c. 74 — If so directed : and no consent of the said A. B., as protector of a settlement, to the disposition under the said statute of a tenant in tail — has been inrolled in the high court of chancery, from the day of , 18 — , to the • day of , 18 — , both inclusive, as I know from having, on the day of , carefully searched the proper books kept by the clerk of inrolments of the said court at his office in chancery lane, in the county of middlesex. Note : — As to searching at the inrolment office, See Sagd. V. & P. 546 ; W. P. R. P. 414. As to the inrolment there of deeds under 3 & 4 W. 4, c. 74, ss. 4], 46, See Sugd. Stat. 211; W. P. R. P. 414. As to the inrolment thereof annuities nnder 53 G. 3, c. 141, repealed by 17 & 18 V. L". 90, See Sugd. V. & P. 547; W. P. R. P. 298, 414. Acknoioledgments by Married Women : — 5. No certificate of the acknowledgment of any deed by C. B., the wife of the said A. B., has been filed of record in the court of common pleas at Westminster, as I know from having, on the day of , carefully searched the proper index kept, pursuant to the statutes in this behalf, at the office for the registry of acknowledgments of deeds by married women situate in lancaster place, in the city of Westminster. Note: — As to searching for acknowledgments, See 3 & 4 W. 4, <;. 74, ss. 87-8; 8 & 9 V. c. 106, ss. 6-7; 20 & 21 V. c. 57 ; Sugd. V. & P. 546 ; Sugd. Stat. 236, 7 ; W. P. R. P. 207, 414. Middlesex and Yorkshire registers : — 6. No deed, conveyance, or other incumbrance, or memorial thereof, respectively made, executed, or created by the said A. B. of or concerning, or afl'ecting — , and no judgment, statute, or recognisance to affect or bind — any honors, manors, lands, tenements, or hereditaments, of him the said A.B.,in the county of middlesex [^Or, in the west riding — Or, east riding — Or, north riding — of the county of york — Or, in the town and county of the town of kingston upon hull], has been registered from the day of , 18 — , to the day of , 186 — , both inclusive, in the books kept by the registrar of deeds for the said county [ Or, riding, Ac.'], pursuant to the statutes in this behalf, as I know from having, on the day of , carefully searched the last-mentioned books at the office of the said registrar situate at . Note: — As to registering, satisfying, and searching under the middlesex register act, 7 Anne, c. 20, s. 18 (office in bell yard, carey street)— east riding of york and hull act, 6 Anne, c. 35, ss. 19, 28 (office at beverley)— west riding act, 2 & 3 Anne, 448. INVESTMENTS IN LAND AND ON MORTGAGE. c. 11, amended by 5 Anne, c. 18, ss. 4, 10, 11 (office at wakefield) — and noith riding act, 8 G. 2, 0. 6, ss. 1, 32, 33 (office at northallerton), See Pask, 40-50 ; Id., 50-4, where the ahove sections are set out; Smith, Prac. Com. 47-51 ; And see Sugd. V. & P. 537, 546, 7 ; W. P. R. P. 173-4, 413. As to the hedford leirel act, 15 C. 2, c. 17, See W. P. R. P. 174 ; Childers v. C, 5 W. R. 859, 793, 586. Lancaster : — 7. There is not any judgment, decree, order, rule, or lis pendens, or any memorandum or minute thereof, entered or registered from the day of , 18—, to the day of , 1S6 — , both inclusive, in the books kept by tlie prothonotary of the court of common pleas of the county palatine of lancaster, pursuant to the statutes in this behalf, against the said A. B., as the person whose estate is intended to be affected, as I know from having, on the day of , carefully searched the said books at the office of the said prothonotary situate at , in the county of . Note : — As to the palatine registers of lancaster and durham. See 1 & 2 V. c. 110, ss. 21-2, 13 & 14 V. c. 43, s. 24, and 8 V. c. 15, ss. 1-3, in Pask, 57-60 ; And 23 & 24 V. c. 38, ss. 1-2, in Morgan, 295-7; Sugd. V. & P. 528-30 ; W. P. R. P. 80-1; Smith Prac. Com. 47. And as to registration, satisfaction, and searching therein. See Pask, 54—6, 140-1 ; 23 &24 V. c. 115. Durham: — 8. There is not any judgment, decree, order, rule, or lis pendens, or any memorandum or minute thereof, entered or registered from the day of , 18 — , to the day of , 186—-, both inclusive, in the books kept by the respective prothonotaries of the court of pleas of the county palatine of durham, and of the court of chancery of the same county palatine, pursuant to the statutes in this behalf, against the said A. B., as the person whose estate is intended to be affected, as I know from having, on the day of , care- fully searched the said books at the office of the said prothonotaries situate at , in the county of . Note : — Sec supra. County Court Judgments : —9. There is not any judgment of any couuty court, in england or wales, registered against the said A. B., in the books kept by the registrar of county court judgments, pursuant to the statutes in this behalf, nor does it appear by the books kept by the said registrar that the said A. B. has applied to any such court for protection from his creditors, as I know from having, on the day of , carefully searched the said books respectively at the registry of county court judgments, Stc, situate in new street, spring gardens, in the city of Westminster. Note : — As to the registry of county court judgments and protection orders. See IHVESTMENTS IN LAND AND ON MORTGAGE. 448 15 & 16 V. c. 34, s. 18; 17 & 18 V. u. 16, s. 2j And as to the jurisdiction and practice of the county courts, See 3 Petersdorff, 330-438 ; Smith Man. C. L. 380-6. Creditor deeds: — 10. No deed, instrument, oi" agreement whatsoever, by which the said A. B. has conveyed, or covenanted or agreed to convey, his estate and effects, or any part thereof, for the benefit of his creditors, or made any arrangement or agreement with his creditors, or any person on their behalf, for the distribution, inspection, conduct, management, or winding up of his affairs or estate, or his release or discharge from his debts or liabilities, has been registered in the court of bankruptcy, pursuant to the bankruptcy act, 1861, as I know from having, on the day of , carefully searched the proper book kept at the office of the chief registrar of the said court, situate in , pursuant to the said act. Note : — As to creditor deeds. See 24 & 25 V. c. 134, ss. 192-200, in 2 Petersdorff, 287 : Smith Man. C. L. 370-2. Bankruptcy : — 11. The said A. B. has not been adjudged a bankrupt, nor has any fiat in bankruptcy been issued against him, nor has there been filed any petition for an adjudication of bankruptcy against him, or for an arrangement between him and his creditors, as I know from. having, on the day of , carefully searched the proper books kept in the office of the chief registrar of the court of bankruptcy, situate at , pursuant to the statutes in this behalf. Note : — As to searching in this case, See 12 & 1 3 V. c. 106, ss. 133, 4 (unrepealed by 24 & 25 V. c. 134, see sch. G.) ; Sugd. V. & P. 538-40, 1 j W. P. R. P. 82. As to the inrolment of certificate of the appointment of assignees, See 12 & 13 V. c. 106, s. 143, in 2 Petersdorff, 245. As to the vesting of the bankrupt's estate in the official and creditors' assignees respectively, See now 24 & 25 V. c. 134, ss. 108, 117. And as to the law of bankruptcy in general, See 2 Petersdorff, 141-346 ; Smith Man. C. L. 310-79. Insolvency : — 12. No order vesting the real and personal estate and effects of the said A. B. in the provisional assignee of the estates and effects of insolvent debtors in england, has been made, and no assignee or assignees of the estate and effects of the said A. B. has or have been appointed by the court for the relief of insolvent debtors in england, as I know from having, on the day of , carefully searched the proper books kept at , pursuant to the statutes in this behalf. Note: — As to searches for insolvencies, See Sugd. V. & P. 540; W. P. R. P. 82. As to the insolvent court, See 1 & 2 V. c. 110, ss. 23, et, seq., 5 & 6 V. c. 116, 7 & 449. INVESTMENTS IN LAND — AND ON MORTGAGE. 8 V. t. 96, and 10 & 11 V. c. 102, repealed by 24 & 25 V. e. 134., sch. G ; and the court abolished by s. 19; As to the custody of the records, See s. 27. Sworn [SfC, Form 16). General Note : — And see Form 15. The conveyancing counsel should, and usually does, specify in his opinion on the title what searches are to be made in the particular case j And the aflBdavit of searches must of course be framed to accord with the actual facts, See note to Form 438. As to searching for incumbrances generally, See Sugd. V. & P. 516-48; Dart, 302-324 ; And as to relief therefrom, Sugd. V. & P. 548-56. As to a solicitor's liability for neglect to search. See Siigd. V. & P. 547. 449. Certificate of good title — approval (and execution) of deed — and parties to receive tlie consideration. {Title.) In pursuance (^'c-, Form 185). A good title can be made to the estate in the said order mentioned (or as may be). A proper conveyance \_0r, assignment — Or, mortgage] of such estate has been settled and approved, consisting of an indenture to be made between (State the parties, as: L. M., of, S^c. of the first part, N. O., of, Sfc, of the second part, and the plaintiff W. A. of, Sfc, of the third part), and which indenture is identified by my signature in the margin thereof. The said L. M. and N. O. are the parties by whom the said inden- ture is to be executed, before a sale of the bank annuities in the said order mentioned [Or, if the certificate is not made till after the exe- cution of the deed, say : The said L. M., and N. O., being the parties to execute the said indenture before a sale of the bank annuities in the said order mentioned, have respectively duly executed tlie said indenture]. The said L. M. and N. 0. are the parties entitled to receive the sum of £ to arise by the sale of the said bank annuities, and the said sum is to be paid to them in the following proportions, that is to say : the sum of £ , part thereof, to the said L. M., and the sum of £ , the residue thereof, to the said N. 0. The evidence produced on this inquiry consists of (enter the evidence, as: the affidavitof C D., filed , 186 — (verifying the abstract of title), and the exhibit A. (the abstract) therein referred to; of the affidavit of E. F., filed , 186 — (verifying INVESTMENTS IN LAND — AND ON MORTGAGE. 450. the engrossment of the deed), and the exhibits A. and B. therein referred to {the draft and engrossment); (and) of the further affidavit of the said E. F., filed , 186 — {of search for judgments); And of the affidavit of W. C. and E.F., filed the ■ , 1 86 — {of execution of deed), and the exhibit A. therein referred lo). Dated {^c, Form 185). Note: — For summonses settle — to take opinion of Judge — and vary certificate, See Forms 186-S ; And see note to Form 438. 450. Affidavit verifying execution of deed. In Chancery. . {Title.) We, C. D., of {address and addition), and E. F., of, S^c, severally make oath and say : and first I, the said C. D., for myself say, as follows : — 1. I was present on the day of , 186 — , and did see L. M., one of the parties to the indenture, marked A., now produced and shown to me, {If the affidavit is sworn after a certificate approving the deed has been made, add: and being the same indenture as is mentioned in the certificate dated the day of , 186 — , made in this matter and {or) cause by the chief clerk of the Master of the Rolls \_0r, Vice- Chancellor ]), duly sign, seal, and as his act and deed deliver, tlie said indenture, and that the name or signature " ," set and sub- scribed to the said indenture, as one of the parties executing the same, is of the proper handwriting of the said L.-M. 2. The name or signature " ," set and subscribed to the said indenture, as the party attesting the execution thereof by the said L. M., is my proper handwriting. A.nd I, the said E. F., for myself say, as follows : — 3. I was present on the day of , 186 — , and did see N. O., one of the parties to the indenture, marked A., now produced and shown to me, duly sign, seal, and as his act and deed deliver, the said inden- ture, and that the name or signature " ," set and subscribed to the said indenture, as one of the parties executing the same, is of the proper handwriting of the said N. O. 4. The name or signature " ," set and subscribed to the said indenture, as the party attesting the execution thereof by the said N. 0., is my proper handwriting. Sworn, (^c. Form 16). Note:— See Form 15; And note to Form 438. 451. INVESTMENTS IN LAND — AND ON MOETGA^E. 451. Certificate of execution. {Title.) In pursuance (SfC, Form 185). L. M., and N. 0., in my certificate in this matter and (or) cause, dated the day of , 186 — , respectively named, have respect- ively duly executed the conveyance \_0r, assignment — Or, mortgage] in my said certificate mentioned. The evidence produced on this proceeding consists of {State the evidence, as: the affidavit of C. D., and E. F., filed the , 186 — , and the exhibit marked A. therein referred to) If so, and an afiidavit of Gr. H., filed the , 186 — (of further searches). Dated (^c, Form 185). Note : — For summonses to take opinion of Judge — and to vary certificate, See Forms 187-8. And see note to Form 438. 452-453. PART XYI. INTERLOCIJTOEY AND INCIDENTAL PROCEEDINGS. I. ADDITIONAL ACCOUNTS AND INQUIRIES. 452. Smnmoiis to add to a decree or order. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B. — Or, C. D., who, by an order dated the day of , 186 — , has leave to attend the pro- ceedings], that in addition to the accounts and inquiries directed by the decree [Or, order] dated the day of , 186 — , the follow- ing accounts and inquiries may be taken and made, that is to say : — 5. An account of, ^c. 6. An inquiry whether, Sfc. Dated {Sfc, Form 7). Note: — The additions should be nambered consecutively, in continuation of the numbers in the decree or order. For order for additional inquiries, See Seton, 1 60, 233 ; And for orders for accounts and inquiries in general, See Id., xi-xxvii, 97-622, 1305-1424. As to the jurisdiction to direct additional accounts and inquiries. See 35 C. O. r. 19, in Appendix A. ; And as to what may be so directed. See Morgan, 532 ; Seton, 764, 1144; 1 Smith, 926, 961 ; Ayckbourn, 537. As to the right of a person served with notice of decree to apply to add thereto. See 1 5 & 1 6 V. c. 86, s. 42, r. 8, and 23 C. O. r. 1 8, in Morgan, 195, 475 ; Seton, 1 144. 453. Example of an additional inquiry. An inquiry whether any and which of the persons entitled to, or interested in, the residuary personal estate of E. F., the testator in the pleadings named, and the monies arisen from the sale of his real estate, have made or executed any and what assignments, charges, or incum- brances of or upon their respective shares thereof; And what is due, and to whom respectively, in respect of such assignments, charges, and incumbrances ; And what are the respective priorities of such 454-455. ATJOUENMENTS TO CHAMBERS. — ALLOWANCE PENDING SUIT. assignments, charges, and incumbrances, as against the respective shares. II. ADJOURNMENTS FEOM COURT TO CHAMBERS. 454, Summons to proceed on petition adjourned to chambers. ( Title.) {Commence as in Form 7), on the hearing of an application on the part of A. B. (and others), to proceed on his (their) petition preferred on the day of , and adjourned on the day of for consideration in chambers. Dated (^c. Form 7). Note: -As to the power of the Judge to adjourn to or from chambers. See 15 & 16 V. c. 80, s. 27, in Morgan, 144; And see 3 Judges' Reg., in Appendix B.; Bloxam, 1, 37; Seton, 48-9 j Morgan, 696; 1 Smith, 892; Ayckbourn, 463; Daniell, 886. III. ALLOWANCE PENDING SUIT. 455. Summons for an allowance pendii^ proceedings. ( Commence as in Form, 7), on the hearing of an application on the part of the plaintiff \_0r, defendant A. B. — Or, C. D., who, by an order dated the day of , 186 — , has leave to attend the proceedings {or as may he)\, that the annual sum of £ a. may be allowed to the applicant, until further order, out of the annual income of the real and personal property \0r, that the sum of £, d. may be allowed to the applicant out of the personal property] in question in this suit, on account and in part payment of his interest therein ; And that the defendant [ Or, plaintifiT] C. D. may be ordered to pay to the applicant the said annual sum of £ a., by half-yearly payments of £ b., and £ c, on the : day of and day of , and that the first of such payments may be made on the day of [ Or, may be ordered to pay to the applicant the said sum of £ d.], and may be allowed what he may so pay on passing his accounts in this cause. Or, And that out of the £ c. cash in the bank to the credit of this CONDUCT OF SUIT. — EXAMINATION PEO INTEEESSE SUO. 456^57. cause (the account of ), the said sum of £ d. may be paid to the applicant A. B. Dated (^-c, Form 7). Note : — As to the jurisdiction to direct an allowance pending litigation, See 1 5 & 16 V. c. 86, o. 57, in Morgan, 219; Seton, 157; 1 Smith, 1054; Ayckbourn, 389. IV. CONDUCT OF SUIT. 456. Summoiis for the condtict of a suit, or proceeding. (Commence as in Form 7), on the hearing of an application on the part of A. B., of {address and addition), who claims to be a creditor upon [^Or, who has proved a debt against — Or, who claims to be interested in] the estate of C. D., the testator [ Or, intestate] in the pleadings named (or as may be), that the carriage and execution of [Or, that the prosecution of the accounts and inquiries numbered and in] the decree \^0r, order] dated the day of , 186 — , [_0r, that the future conduct of this matter and (or) cause] may be committed to the said A. B. Dated (Sfc, Form 7). Note:— See 35 C. O. rr. 16, 20-3, in Appendix A.; Morgan, 531-4; Seton, 118, 138 ; 1 Smith, 929 ; Tripp, 168. As to the conduct of a sale. See note to Form 232. As to staying concurrent suits. See Seton, 887-90 ; Littlewood v. Collins, 11 W. R. 387 ; Matthews v. Palmer, Id., 610 ; And as to dismissing-bill for same object, after summons dismissed in another branch of the court, See Thompson «. T. 1 1 W. R. 797. V. EXAMINATION PEO INTERESSE SUO. 457. Summons for inquiry as to interest. ( Commence as in Form 7), on the hearing of an application on the part of A. B., of (address and addition), that an inquiry may be made whether the applicant A. B. hath any and what interest in (deserve the property, as: the real [Or, freehold — Or, copyhold — Or, (and) lease- hold] estates, of the rents and profits whereof C. D. has been appointed T 2 458. NEXT FRIEND — GTJAKDIAN AD LITEM. receiver in this cause by [Or, pursuant to] the order dated the day of , 18 — ), or in any and what part thereof. Dated {Sfc, Form 7). Note:— For order for like inquiry in the ease of a sequestration, and for an account of rents under an elegit, See Seton, 1220. For the cases as to examination pro interesse suo, See Seton, 1220-2, 32 ; And for the practice. See Id. ; Daniell, 824-7 ; 1 Smith, 207-8 ; Drewry Pr. 145 ; See also Daniell, 1041-5, ed. 2; 1 Grant, 147. As to the costs where the claimant fails. See Bentley v. B., 1 N. R. 390. VI. NEXT FKIEND— GUAEDIAN AD LITEM. 458. Summoiis for leave to name a new next friend. (^Commence as in Form 7), on the hearing of an application on the part of the plaintiff A. B., an infant, by C. D., of {address and addition), his next friend for this purpose, If before decree — or before order on original summons : — that the plaintiff may be at liberty to amend his bill [^Or, the original summons issued from and under the seal of my chambers, dated the day of , 186 — , and the duplicate thereof filed on the day of , 186 — ], by inserting the name of the said C. D. as the next friend of the plaintiff, in the room of E. F., deceased [Or, of E. F., the plaintiff's present next friend]. If after decree, or after order on original summons : — that the plaintiff may be at liberty to name the said C. D. as the next friend of the plaintiff, in the room of E. F., deceased \_0r, of E. F., the plaintiff's present next friend]. Dated (8^c., Form 7). Note: — For like orders in bill suits, See Seton, 1252. As to : when a next friend is necessary — who may act as such — consent to act — liabilities by acting — change or substitution — mode of application, by motion or petition of course, or by summons — and the course open to defendant on plaintiff's neglect to appoint, See 1 Smith, 269-278, 863 ; And see Ayckbourn, 568 ; Braith- waite, 557-8 ; Morgan, 1 62 ; Daniell, 80-4 ; Cox v. Wright, 1 1 W. R. 870, 2 N. R. 436 ; And note to Form 3. As to the grounds ou which a next friend will be removed. See Sandford v. S., 1 1 W. R. 337 ; And as to discontinuance of the suit by plaintiff on coming of age, See Bicknell v. B., 11 W. R. 657, 2 N. R. 98 ; And Seton, 687. As to an infant plaintiff showing cause against a decree on coming of age, See Seton, 685. PAYMENTS — TRANSFERS — INVESTMENTS. 4:5 9-460. 459. Summons to assigu a new guardian ad litem. ( Commence as in Form 7), on the hearing of an application on the part of the defendant A. B., an infant [Or, person of unsound mind, not so found by inquisition], by C. D., of {address and addition), his next friend for this purpose, that the said C. D. may be assigned the guardian of the defendant A. B., by whom he may defend this suit, in the room of E. F., deceased [ Or, E. F., his present guardian]. Dated (^c, Form 7). Note: — For orders to assign guardian ad litem to an infant or non compos defendant, or respondent — or where the committee is interested, or deceased — and on the plaintiff's application, under 7 C. O. r. 3, See Seton, 1250-1. For summons to appoint a guardian of the person or estate of an infant, and cognate forms, See Forms 3^7-17. As to : when a guardian ad litem is necessary — who may act as such — consent to act — liabilities by. acting — change or substitution— and mode of application, by motion or petition of course, or by summons, See 1 Smith, 484—7 ; See also Ayckbourn, 569 ; Morgan, 175, 371 ; Braithwaite, 46-7 ; Bonfield v. Grant, 11 W. R. 275 ; Steel v. Cobb, Id. 298. As to an infant defendant showing cause against a decree, on coming of age. See Seton, 685-7. VII. PAYMENTS AND TRANSFERS INTO AND OUT OF COURT— AND INVESTMENTS. 460. Summons for payment and transfer into court and investment. ( Commence as in Form 7), on the hearing of an application on the part of (the plaintiff — Or, defendant) A. B., that he may be at liberty, on or before the day of [Or, that the defendant — Or, plaintiff — C. D., may be ordered, on or before the day of- , or within seven days after service of the order to be made hereon, such service to be verified by affidavit]. Payment: — to pay the sum of £ , admitted by him [Or, admitted by his answer — Or, affidavit — filed the day of , 186 — ,] to be in his hands {State in what respect, as thus : as executor of the will — Or, administi-ator of the estate — of the testator [ Or, intestate] E. F., deceased), into the bank to the credit of this (matter and) cause (the account of ) If so, subject to legacy duty— Or, succession duty; Transfer :— 'to transfer £ bank 31. per cent, annuities [Or, £ reduced annuities— Or, £ pew 31. per cent, annuities {or 461. PAYMENTS — TEANSFERS — INVESTMENTS. as maybey], admitted by him [Or, by his answer — Or, affidavit — filed the day of , 186—,] to be standing ia his name in the books at the bank of england, and to be part of the personal estate of the testator [ Or, intestate] E. F., deceased (or as may he), into the name of the accountant-general, in trust in this (matter and) cause (the account of )Ifso, subject to legacy duty — Or, succession duty ; Interim interest on stock : — 'And that the said defendant \_0r, plain- tiff] may (be ordered to) receive any interest on the said (bank) annuities now due and unreceived, or which may accrue due thereon previously to such transfer thereof, and on or before the day of , (or within seven days after such service) pay the same (the amount to be verified by affidavit) into the bank, to the credit of this (matter and) cause (the like account). For alternative form, where the transfer may be made between the reopening of the bank books and the dividend day. See Seton, 58. Investment: — And that the said £ (and interest), when so (respectively) paid in (and the £ cash in the bank on the credit of this (matter and) cause (the account of ), may be laid out in the pur- chase of (like) bank 3Z. per cent, annuities in the name of the account- ant-general, in trust in this (matter and) cause (the like account) ; And that the interest to accrue due on such annuities when so (respectively transferred and) purchased, and all accumulations of interest thereon (respectively), may be from time to time laid out in like manner, in trust as aforesaid. Dated {^c. Form 7). Note : — The above form is adapted from Seton, 58. For orders for : payment in and investment from time to time — deposit of exchequer bills — investment in exchequer bills and bonds — deposit of foreign securities — and receiving and applying interest, See Seton, 58-60 j See also Id., 66-7. For notes as to : the practice at the bank since the 24 V. t. 3, s. 7, abridging the time of closing the transfer books — time for transfer or payment — separate accounts — investments — investing in exchequer bills— and depositing securities. See Seton, 61-6. As to investments by the court, See note to Form 438. As to payments and transfers into court in general. See Seton, 58-61-7; Daniell, 1294-1311; 1 Smith, 845-51; Ayckbourn, 420-7; And as to investments. See Ayckbourn, 450. 461. STunmons for a transfer or sale — and payment out. {Commence as in Form 7), on the hearing of an application on the part of the plaintifi^ {Sfc, See note to Form 7), that, If so, subject to duty. PAYMENTS TKANSFEES INTESTMENTS. 462. Transfer or sale of stock and {or) payment of cash : — the £ bank 3^. per cent, annuities {or other stock), standing in the name of the accountant-general in trust in this matter and {or) cause, the account of , {If a sale, add : may be sold ; and that the money to arise by such sale) and any interest to accrue due on the said annuities {If cash, say : and {or) the £ cash in the bank on the credit of) this matter and {or) cause, the like account,) may be (transferred and) paid to the applicant A. B. (or to his legal personal representatives). Interest: — ^the interest during the life of the applicant A. B. to accrue on the £ bank 3/. per cent, annuities {or other stock), standing in the name of the accountant-general in trust in this matter and {or) cause, (the account of ,) may be from time to time, as the same shall accrue, paid to the applicant A. B. (or to his legal personal representatives) — Or, to the applicant A. B., the wife of C. B., for her separate use — until further order. Dated, {Sfc, Form 7). Note : — For orders for raising and paying legacy or succession duty, and pro- viding for contingent duty, with notes of the acts and cases, See Seton, 82-6, 155. For orders for the sale of stock or securities, and forms of the registrars' certificates for sale, transfer, or delivery, -with directions for the preparation thereof. See Seton, 76-82. For orders for payment and transfer out and carrying over of cash, stock, and interest, with notes. See Seton, 70-4. For the cases in which money or stock may he paid or transferred to personal representatives, or the survivors, without further order. See 1 C. O. rr. 4-9, in Seton, 75-6 ; Morgan, 340-2 ; And for forms of the affidavits required by the registrars under r. 8, See Seton, 79. As to ordering payment to the survivors of trustees. See JefiFerys v. Smith, 11 W. K. 479. As to providing for payment to a life tenant's representative of a proportion of the interest accruing at his death, See 23 C. O. r. 8, in Seton, 76; Morgan, 470. As to when a disentailing deed is required before payment out of money in court arising from land, and mode of proof of its execution, See Seton, 661, 1079 ; Re Tylden, 11 W. R. 869; Be Field, Id., 927 ; And for a precedent of such deed, See 3 Davidson, 1183. And for the practice, generally, as to payments and transfers out of court, See Seton, 67-70, 71-6; Daniell, 1321-9 ; 1 Smith, 851-4; Ayckbourn, 435-45 ; And as to carryings over and sales. See Seton, 70, 76-82 ; Ayckbourn, 453-4. 462. Sketch of an af&davit of identity. {Commence as in Form \^.) 1 -poT years and upwards now last I have known and been [Or, for years and upwards prior to his death, on or about the day of , 186 , I knew and was] well acquainted with A. B., now (late) of {address and addition). 463-464. PAYMENTS TBAHSFEKS INVESTMENTS. * 2. The said A. B. is the same person as the A , son of C. B., and D. his wife ^Or, the A. B.] named in the paper writing, marked E., now produced and shown to me, and purporting to be an extract from the register book of baptisms [ Or, burials] for the parish of , in the county of [Or, purporting to be a copy of the entry numbered — — in the certified copy of entries of births [ Or, deaths] in the district of , in the county of , for the year 18 — , given under the seal of the general register office (or as may he. See Seton 24-5)], as I know from {state means of knowledge). 3. The said A. B. is also the same person as the A. B. named in the decree \^0r, order — Or, chief clerk's certificate] in this (matter and) cause dated the day of , 186—, (and as the A. B. named in the parchment writing, marked B., now produced and shown to me, and purporting to be the probate of the will (^•c , describe the probate or letters of administration as in Form 96), as I know from, ^c. Sworn {SfC, Form 16). Note: — See Form 15. 463. Summons for payment to husband in right of wife. {Commence as in Form 7), on the hearing of an application on the part of C. B., oi {address and addition), and A. his wife, that {Continue as in Form 461, but conclude thus) may be (transferred and) paid to the applicant C. B., in right of the said A., his wife. Dated (^c, Form 7). Note : — As to •when money or stock, ordered to be paid or transferred to a woman who afterwards marries, may be paid or transferred to her and her husband, without farther order, See 1 C. O. rr. 1-3, in Morgan, 338-40; Seton, 662. S'or orders for payment and transfer to the husband where thei-e is no settlement affecting the fund, See Seton, 657 ; And after examination of the wife by the Judge in chambers, or by commissioners under an order. Id., 658-9. For orders for examination of the wife as to a post-nuptial settlement, and form of examination by the Judge in like case. See Seton, 659. For orders for examination and payment in the case of money arising from land. See Seton, 660-1; And see note to Form 461. As to ; taking the consent of a married woman — affidavit of no settlement — and where the wife is abroad, See Seton, 661-3. And see notes to Forms 464, 6-8. 464. Summons for commissioners to examine wife, on application for payment to husband. {Commence as in Form 7), on the hearing of an application on the part of C. B., of {address and addition), and A. his wife, PAYMENTS TKANSFEBS — INVESTMENTS. 465, that the said A. B., the wife of the said C. B., may attend E. F., Gr. H., and I. K., of (addresses and additions), or any two of them, and that they may examine her secretly and apart from the said C. B., her husband, as to whom, and in what manner, and for what purpose, she is willing and desirous that the £ bank SI. per cent, annuities, and £ ■ cash (describe the funds accurately — See Form 460) shall be transferred, paid, applied, or disposed of, and take her examination in writing, and that such examination may be signed by her and certified by them, and that the signing of such examination and of the certifi- cate of the said E. F., G. H., and I. K., or such of them as shall act, may be verified by affidavit; But that previously to such examination the said C. B., and A. his wife, may severally make an affidavit that no settlement, or agreement for a settlement, whatsoever, hath been made or entered into before, upon, or since their marriage ; Or in case any such settlement or agree- ment for a settlement hath been made or entered into as aforesaid, then that the said C. B., and A. his wife, may by tlieir affidavit identify such settlement, or agreement for a settlement, and state that no other settlement, or agreement for a settlement, has been made or entered into as aforesaid. Dated (^c, Form 7). Note: — WKere brevity is desired, the words ' with the other usual directions ' may be substituted for the paragraph commencing with 'But.' In the above form the language of the 1 C. O. r. 1 is followed. No evidence of the fitness of the commissioners — where they are to act in england — seems to be required in practice ; but none of them must be concerned as solicitor for the husband. Where the wife can attend the Judge in court or at chambers he will usually examine her there, to save the expense of a separate order and examination by com- missioners. For forms of examination by commissioners, certificate, and affidavit, See Braith- waite, 542-4; 1 Smith, 858-60; Tripp, 150. And for the cases in which the examination is necessary, and the practice relative thereto, See Seton, 661-2; 1 Smith, 856-60 ; Daniell, 91-3 ; Ayckbourn, 449 ; Braithwaite, 546-7 ; And see notes to Forms 463, 6-8. 465. Affidavit of no settlement whatever. In Chancery. ( rule.) "We, C. B., of (address and addition), and A. B., the wife of the said C. B., severally make oath and say, as follows : — 1. No settlement, or agreement for a settlement, whatsoever hath 466. PAYMEKTS — TRANSFERS INVESTMENTS. been made or entered into before, upon, or since the marriage solem- nised between us. Sworn (S^c, Form 16). Note : — See Form 15; And see Seton, 663 ; And notes to Forms 463, 4, 6-8. 466. Affidavit of no settlement affecting fund. In Chancery. (Title.) We, C. B., of (address and addition), A. B., the wife of the said C. B., formerly C. S. (pre-nuptial name), and E. F., of (address), gentleman, the solicitor for the said C. B., and A., his wife, in this matter and (or) cause, severally make oath and say : — And first we the said C. B., and A. B., for ourselves severally say, as follows : — 1. The settlement \^0r, agreement for a settlement], dated the day of , 18 — , marked A., now produced and shown to us respectively, hath been made or entered into before [Or, upon — Or, since] tlie marriage solemnised between us. 2. No other settlement, or agreement for a settlement, whatsoever has been made or entered into before, upon, or since our said marriage. And I the said E. F., for myself say, as follows : — 3. I have carefully perused the parchment \_0r, paper] writing marked B., now produced and shown to me, and purporting to be a settlement \_0r, agreement for a settlement], dated the day of , 18 — , made and entered into before ^Or, upon — Or, since] the marriage between the said C. B. and A. S., now his wife. 4. According to the best of my judgment (describe the funds proposed to be dealt with, as Form 16). Note:— See Form 15; In the above form the language of the 1 C. O. r. 1 is followed ; The husband and wife are not now required to swear to the legal effect of the settlement, or agreement ; In applications at chambers the chief clerk usually examines the settlement or agreement to see if it affects, and in such case an affidavit by the solicitor seems unnecessary. As to when a covenant to settle after acquired property will bind the wife, See Willoughby v. Ld. Middleton, 10 W. R. 460; Coventry v. C, 2 N. H. 349, 11 W. R. 868 ; Re Hill, Id., 930; And see Peachey, 523-49. See also notes to Forms 463, 4, 7, 8. PAYMENTS TRANSFERS— INTESTMEHTS. 467. 467. Summons for a settlement, by order, of fund on wife and children. {Commence us in Form 7), on the hearing of an application on the part of E. W., tlie wife of W. W., of (address and addition), by W. K., of (address and addition), her next friend for this purpose, That the costs of the applicant of this application may be taxed by the taxing-master, as between solicitor and client ; And that out of the £ cash in the bank on the credit of this matter and (or) cause, the account of R. W., the wife of W. W. (or as may be), such costs may be paid to Mr. E. F., the solicitor of the said W. R.; And that the residue of the said cash may be carried over in trust in this matter and (or) cause, " The account of the settlement of R. W., the wife of W. W., and her children," and be laid out in the purchase of bank 3Z. per cent, annuities (or other fund), in the name of the accountant-general, in trust in this matter and (or) cause, the like account ; And that the annuities so to be purchased may be directed to be held upon trust for the said R. W. for her life, and', during her present or any future coverture, for her separate use, without power of anticipa- tion — And after her decease, in trust for all or any one or more, exclusively of the other or others, of the children of her present and any future marriage, as the said R. W. shall by deed or will appoint — And in default of such appointment, in trust for all the children of her said present and any future marriage, in equal shares, with sur- vivorship and accruer to between and amongst them, as to the shares as well original as by accruer, in case any of the said children shall, being sons, die under the age of twenty-one years without leaving lawful issue living at their respective deaths, or born in due time afterwards, or shall, being daughters, die under the said age without having been married — And in case there shall be no such child who, being a son, shall attain the said age or so die leaving issue, or being a daughter shall attain that age or be married, then, in case the said R. W. shall die under coverture, in trust for such person or persons as the said R. W. by her wiU shall appoint ; And in default of such ap- pointment, in trust for the next of kin of the said R. W., according to the statutes for the distribution of the eflFects of intestates, as if she had never been married ; And in case the said R. W. shall survive her present and any (if any) future husband, then in trust for the said R. W. absolutely — And that any of the said children who shall take appointed shares shall bring such appointed shares into hotchpot, with their brothers and sisters taking in default of appointment ; And that the interest during the life of the said R. W. from time to time to accrue due on the (bank) annuities so to be purchased, as the same shall accrue due, may be directed to be paid to the said R. W., the wife of the said W. W., for her separate use, or until further order. Dated (^-c, Form 7). 468. PAYMENTS TRANSFERS INVESTMENTS, Note: — For order in like case, See Seton, 665. For order -where the wife on being examined desires a settlement, or where the court directs one, See Seton, 655-7. For other orders as to the wife's equity to a settlement. See Seton, 664-6 ; And for the cases as to: where the wife is entitled te a settlement — amount — issue — waiver — and special directions. Id., 666-71; And see Lewin, 738-9; Peaehey, 156-88; Smith Pis. 759-63 ; Daniell, 97-104 ; Tripp, 18-9, 93 n. (d). And for the cases to 1858 as to : when the equity of the wife to a settlement is hinding — out of what property the wife can claim her equity — rights of the children — amount to he settled— mode of settlement — waiver of settlement — what will defeat or bar the wife's equity — when maintenance is allowed to the wife by the court out of her equitable property — and how far settlements made in consideration of the wife's equity will be binding as against creditors. See 1 L. C. Eq. 362-93, 769-72. As to the wife's equity to a settlement out of the income of real estate. See Barnes V. Robinson, 11 W. R. 296. And see Smith Comp. 973-1010; And notes to Forms 463, 4, 6, 8. 468. STimmons by wife for payment out to her, under a protection order. ( Commence as in Form 7), on the hearing of an application on the part of A. B., of {address), the wife of C. B., of (address and addition), but who under the provisions (<^c., See note to Form 7), That the £ cash in the bank on the credit of this matter and (or) cause, the account of A. B., the wife of C. B. (or as mat/ be), may be paid to her, on her separate receipt. Dated (S^c, Form 7). Note: — -If stock, see Form 461. For order for payment to a divorced woman, See Seton, 659. As to protection orders, See 20 & 21 V. c. 85, ss. 21, 5, 6, and 21 & 22 V. c. 108, ss. 6-7, and the cases thereon, in Seton, 683-4. For cases as to the wife's separate estate, and forms of decrees relating thereto, See Seton, 678-81; See also Peaehey, 258-85-97, 1017-20; Lewin, 739-40; Sugd. Pow. 970-2; Sugd. Stat. 476; Smith Pis. 748-58. For the cases to 1858 as to : the wife's power of disposition over her separate estate — liability thereof to her debts and contracts— receipt by husband of separate property of wife — relief afforded against a married woman having separate estate, in respect of her contracts &c.— separate estate undisposed of by a married woman — savings and arrears of separate estate — ^what words will create a separate estate — restraint upon alienation — what words will restrain alienation — and that the restraint cannot be dispensed with by the court. See 1 L. C. Eq. 401-26, 782-5. As to the insufficiency of ' for her sole use and benefit' to create separate estate, without trustees. See Gilbert v. Lewis, 11 W. R. 223 ; And that the court will not PRODUCTION OF DOCUMENTS. 469-470. disturb a fund which has, by its order, been settled on a married woman to her sepa- rate use, without power of anticipation. See Chapman v. Lamport, 8 W. R. 466. As to the extension of the equitable doctrine of separate estate by 20 & 21 V. c. 57, See 1 L. C. Eq. 426 ; Peachey, 182-3. As to the execution of a power by a married woman, See Sugd. Pow. 152-77, 970. And see Smith Comp. 973-1010 ; And notes to Forms 463, 4, 6, 7. 469. Affidavit identifying protection order. In Chancery. {Title.) I, A. B., of (address),'t]ie wife of C. B., of (address and addition — Or, the wife of C. B., whose address is unknown to me), make oath and say, as follows : — 1. On the ■ day of , 186 — , an order was made by Her Majesty's court for divorce and matrimonial causes {or as may be), whereby it was ordered that all money or property {^c. Set out directory parts of protection order). 2. I have not since the date of the said order cohabited with my said husband, C. B., and the said order still remains in force and undischarged. Sworn (Sfc, Form 16). Note: — See Form 15 ; The applicant's title to the fund in other respects must of course be proved. VIII. PRODUCTION OF DOCUMENTS. 470. Summons for deposit in court of documents admitted by answer — leave to inspect. {Commence as in Form 7), on the hearing of an application on the part of the plaintiif, that the defendant A. B. may be ordered, within (seven) days after service of the order to be made hereon, to produce and leave with the clerk of records and writs the several documents mentioned in the answer of the said defendant, filed the day of , 186 — , (and in the — schedule thereto,) and admitted to be in his possession or power ; 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 therefrom, as the applicant shall be advised, at his expense ; 471-472. PRODUCTION OF DOCUMENTS. And that the clerk of records and writs may produce the said docu- ments upon any examination of witnesses in this cause, and at the hearing thereof, as the applicant shall require. Dated (^c, Form 7). Note: — For order in like case, See Seton, 1040. For a collection of orders as to discovery, production, and inspection of documents. See Seton, 1040-4. For the cases as to : the general rules regulating discovery and production — inter- rogatories as to documents — production under 15 & 16 V. c. 86 — right to production — — possession — using discovery in actions at law — impeached documents— inspection — meaning of terms — general points — resistance to discovery and production by demurrer, by plea, and by answer — evasive answers — and witnesses, See Seton, 104')-62, 1303, 1388-90; And the following cases since reported : Turner w. Bnrken- shaw, 2 N. R. 414, 11 W. R. 851 ; Hanslip v. Kitton, 2 N. R. 145, 11 W. R. 762 ; Charlton v. Coombes, Id., 504; Forbes v. Tanner, Id., 414; Woodhatch v. Freeland, Id., 398; Noel v. N., 2 N. R. 294, 156, 11 W. R, 588; Willett v. Thiselton, 1 N. R. 42. And see generally as to production and discovery, 15 & 16 V. c. 86, ss. 18, 20, in Morgan, 168-72, 4 ; Daniell, 943-64 ; Tripp, 160-1 ; 1 Smith, 942-5 ; Ayckbourn, 325-33 ; Drewry Pr., index, 23 ; Braithwaite, 503-9. And after decree, 42 C. O. i. 4, in Morgan, 589 ; Hanslip v. Kitton, 11 W. R. 762. 471. Summons for leave to inspect out of court documents admitted by answer. {Commence as in Form. 7), on the hearing of an application on the part of the plaintiflf, that the plaintiff, his solicitors and agents, may be at liberty, at all seasonable times, upon giving reasonable notice, to inspect at the office of Mr. C. D., (the solicitor for the defendant A. B.,) situate at , the several documents mentioned in the answer of the defendant A. B., filed the day of , 186 — , (and in the — sche- dule thereto,) and admitted to be in his possession or power, and to take copies and abstracts thereof, and extracts therefrom, as the plaintiflf shall be advised, at his expense ; And that the said defendant may be ordered to produce the said documents on the exiamination of witnesses in this cause, and at the hearing thereof, as the plaintiff shall require. Dated (Sfc, Form 7). Note; — For order in like case, See Seton, 1040; And see note to Form 470. 472. The like — ^numerous defendants — schedule. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the plaintiff, his solicitors and agents, may be at PRODUCTION OF DOCUMENTS. 473. liberty at all seasonable times, upon giving reasonable notice, to inspect at the several offices or places mentioned in the fourth column of the schedule hereto, the several documents mentioned in the respective ansvsrers of the several defendants named in the first column of the said schedule, filed on the respective days mentioned in the second column thereof, and in such of the respective schedules to such answers as are mentioned in the third column of the said schedule hereto, and to take copies and abstracts thereof, and extracts therefrom, as the plaintiff shall be advised, at his expense ; AHd that the said defendants respectively may be ordered to produce the said documents respectively on the examination of witnesses in this cause, and at the hearing thereof, as the plaintiff shall require. Dated (^c. Form 7). The schedule above referred to. Names of Dates when answers Schedules to Offices or places where inspection defendants. filed. answers. to be given. 1863. A. B. 8th May. First. The office of Messrs. G. R. & E., No. 1 Bedford Eow, London. CD. 14th May. Second. The office of Messrs. T. & R., Manchester. E. F. 18th May. First. The place of business of the defendant E. F., at Leeds. G.H. 1st June. Second part The office of the defendant of first. G-. H., at Salford. NoTB: — See note to Form 470. 473. Summons for affidavit as to possession of documents and for production in court — leave to inspect. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff \_0r, defendant A. B.], that the defendant A. B., \0r, plaintiff] may be ordered, v\rithin (seven) days after service of the order to be made hereon, to make and file a full and sufficient affidavit, stating virhether he has or has had in his possession or power any, and (if any) what, documents relating to the matters in question in this cause, and accounting for the same ; 474. PEODUCTION OF DOCUMENTS. And that the said defendant {_0r, plaintiff] may be ordered, within (seven) days after filing such affidavit, to produce and leave with the clerk of records and writs the documents which by such affidavit shall appear to be in his possession or power, except such of the same (if any) as he may by such affidavit object to produce; And that the applicant, his solicitors and agents, may be at liberty to inspect and peruse the documents so produced and left, and to take copies and abstracts thereof, and extracts therefrom, as he shall be advised, at his expense ; And that the clerk of records and writs may produce the same upon any examination of witnesses in this cause, and at the hearing thereof, as the applicant shall require ; And that the applicant may be at liberty to make such further appli- cation as to all or any of the documents mentioned in such affidavit as he may be advised. Dated (Sfc, Form 7). Note: — For order in like case, See Seton, 1040 j And as to the jarisdiction. See 15 & 16 V. c. 86, ss. 18, 20, in Morgan, 168-72, 4; And note to Form 470. Where the plaintiff applies by Form 473, pending the defendant's answer to an interrogatory as to documents, the order is usually qualified as follows: — "the plaintiff by his solicitor consenting to waive an answer to the interrogatories filed by him for the examination of the said defendant in answer to the plaintiff's bill, in so far as the affidavit to be filed by the said defendant pursuant to this order shall be an answer thereto." 474. The like — against two or more parties. (Commence as in Form 7), on the hearing of an application on the part of the plaintiffs, that the defendants A. B., and C. D., may be ordered, within (seven) days after service of the order to be made hereon, to make and file a full and sufficient affidavit, or full and sufficient affidavits, stating whether they or any [Or, either] of them have or have had, or has or has had, in their or his (or her) possession or power any, and (if any) what, documents relating to the matters in question in this cause, and accounting for the same; And that the said defendants A. B., and C. D., may be ordered, within (seven) days after filing such affidavit or affidavits, to produce and leave with the clerk of records and writs the documents which by such affidavit or affidavits shall appear to be in their or his (or her) possession or power, except such of the same (if any) as they or any [ Or, either] of them may by such affidavit or affidavits object to pro- duce ; And that the applicants, their solicitors and agents, may be at liberty to inspect (3fC., conclude as in Form 473). Dated {^c, Form 7). Note: — For order in like case, See Seton, 1041 ; And see note to Form 470. PBODrCTlON OP DOCUMENTS. 475-476. 475. Summons for like affidavit and inspection out of court. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B.], that the defendant A. B. [ Or, plaintiff C. D.] may be ordered, within (seven) days after service of the order to be made hereon, to make and file a full and sufficient affidavit, stating whether he has, or has had in his possession or power, any, and (if any) what, documents relating to the matters in question in this cause, and accounting for the same ; And that the defendant A. B. [ Or, plaintiff C. D.] may be ordered at all seasonable times, upon reasonable notice, to produce at the office of Mr. E. F., situate at , the documents which by such affidavit shall appear to be in his possession or power, except such of them (if any) as he may by such affidavit object to produce ; And that the appli- cant, his solicitors and agents, may be at liberty to inspect and peruse the documents so produced, and take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised, at his expense ; And that the defendant A. B. [Or, plaintiff C. D.] may be ordered to produce the said documents upon any examination of witnesses in this cause, and at the hearing thereof, as the applicant shall require ; And that the applicant may be at liberty to make such further application, as to all or any of the documents mentioned in such affidavit, as he may be advised. Dated (S^c., Form 7). Note: — For order in like case, See Seton, 1041 j And see note to Form 470. 476. The like — against two or more parties— schedule. ( Commence as in Form 474, and continue to, accounting for the same ;) And that the said defendants A. B., and C. D., may be ordered at all seasonable times, upon reasonable notice, to produce at the several offices or places mentioned in the second column of the schedule hereto, opposite their respective names, the documents which by such affidavits respectively shall appear to be in their or his (or her) possession or power, except such of the same (if any) as they or any [^Or, either] of them may by such affidavits respectively object to produce ; And that the applicants, their solicitors and agents, may be at liberty to inspect and peruse the documents so produced, and take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised, at his expense ; And that the said defendants A. B., and C. D., respectively, may be ordered to produce the said documents upon any examination of wit- nesses in this cause, and at the hearing thereof, as the applicant shall require ; u 477-479. PRODtrcTiON of documents. And that the applicant may be at liberty to make such further appli- cation, as to all or any of the documents mentioned in such affidavits respectively, as he may be advised. Dated (^c. Form 7). The schedule above referred to. Names of defendants. Offices or places where inspection is to be given. A. B. CD. The office of Messrs. G., R., and E., No. 1 Bedford Ro^, London. The place of business of the defendant C D., at Leeds. Note : — ¥ot order in like case, See Seton, 1042 ; And see note to Form 470. 477. ^e like — against a corporation. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiffs [Or, defendants], that the defendants- [_0r, plaintiffs], the ■ company, may be ordered, within (seven) days after service of the order to be made hereon, to file a full and sufficient affidavit, to be made by their clerk or secretary, stating whether they have or have had in their possession or power any, and (if any) what,- documents {S^c, conclude as in Form 473, or 475.) Note: — For order in like case. See Seton, 1042 ; And see note to Form 470. 478. Summons for time to file an affidavit as to documents. (^Commence as in Form, 7), on the hearing of an application on the part of the defendant \_0r, plaintiff] A. B., that the time limited by the order dated the day of , 186 — , for the applicant to make and file an affidavit as to documents, may be (further) enlarged to the day of — : — , 186 — ; And that the costs of this application may be costs in the cause. Dated {SfC, Form 7). Note; — See note to Form 470. 479. Order thereon. ( Commence as in Form 22.) Upon the application of the defendant \Or, plaintiff] A. B., and hearing (^c, Form 33 — Or, 41), It is ordered that the time limited by PRODUCTION OF DOCUMENTS. 480. the order dated the day of , 186—, for the applicant to make and file an affidavit as to documents be (further) enlarged to the day of , 186 — {Add direction as to costs, See Form 22.) Chief Clerk. 480. Affidavit as to the possession of documents — regulation form. In Chancery. (Title.) I, A. B., of (address and addition), one of the defendants [Or, plaintiffs] above named, make oath and say, as follows : — 1. I say I have in my' possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto annexed. 2. I further say that I object to produce the said documents set forth in the second part of the said first schedule hereto. 3. I further say ( State upon what grounds the objection is made, and verify the facts, so far as may be). 4. I further say that 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. I further say that the last>mentioned documents were last in my possession or power on {State when). 6. I further say (State what has become of the last-mentioned docu- ments, and in whose possession they now are). 7. I further say, according to the best of my knowledge, remem- brance, information, and belief, that 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, or solicitor or agent, or in the possession, custody, or power of any other persons or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract ■ frOirn any such document, or any other document whatsoever, relating to th6 matters in 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 arid exceptthe documents set forth in the said first and second schedules hereto. The first schedule above referred to. First part. Second part. The second schedule above referred to. Sworn (^c, Form 16). ' Note: — The two parts of the schedule are only necessary when the deponent objects to the production of some-trf-tbe documents ; If the party denies having any, V 2 481-482. PRODUCTION OF DOCUMENTS. he is to make an affidavit in the form of the seventh paragraph, omitting the excep- tion. For the above form and note, See Form 3 to Judges' Reg., in Bloxam, 11, 46 ; Morgan, 705. As to the grounds on which discovery and production may be resisted, See note to Form 470 ; And for the terms in which the objection to production should be made. See Tripp, 52. And see note to Form 1 5. 481. Summons to consider the sufficiency of an affidavit as to documents. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant] A. B., to consider the sufiSciency of the affidavit of the defendant \_0r, plaintiff] C. D., filed the day of , 186^, as to documents, pursuant to the order dated the day of , 186 — ; And that the defendant [Or, plaintiff] C. D. may be ordered to pay the costs of this application. Dated {Sfc, Form 7). Note : — This form is usually adopted when the applicant considers the affidavit filed is technically insufficient in not complying with the requirements of Form 4S0 ; And see note to Form 470. 482. Order thereon, ( Commence as in Form 22.) tjpon the application of the plaintiff \_0r, defendant] A. B., and hearing the solicitors for the applicant, and for the defendant \_0r, plaintiff] C. D., and upon reading the order dated the day of — — , 186 — , and an affidavit of the said defendant \_0r, plaintiff^ CD., filed the day of , 186 — , in pursuance thereof. If affidavit sufficient, add: — And the Judge being of opinion that the said affidavit is sufficient, doth not think fit to make any order upon the said application, except that {Add direction as to costs — See Form 22). If affidavit insufficient, and deponent applies for time, add : — And the Judge being of opinion that the said affidavit is insufficient, and the said defendant [^Or, plaintiff] 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, plaintiff] to file a full and sufficient affidavit pursuant to the said order be enlarged to the day of , 186—. {Add direction as to costs — See Form 22.) X. Y. Chief Clerk. Note; — For like order, See Seton, 1043 j And see note to Form 470. PRODDCXION OF DOCUMENTS. 482a- 484. 482«'. Sunuiioiis to consider an objection to produce documents. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant], to consider the objection made by the affidavit of the defendant \^0r, plaintiff], filed the day of , 186 — , pursuant to the order dated the day of , 186—, to produce the documents set forth in the second part of the first schedule thereto (or as may be). Dated (^-c, Form 7). Note : — This form may be adopted where the applicant considers that the ohjec- tion to produce is untenable ; And see note to Form 470. 483. Summons for farther affidavit as to documents. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff \_0r, defendant] A. B., that the defendant [^Or, plaintiff] C. D. may be ordered, within (seven) days after service of the order to be made hereon, to make and file a full and sufficient affidavit, stating whether he has or has had in his possession or power any, and (if any) what (^Specify the documents, or species of document, as: any, and (if any) what, pass-book or pass-books of or with the L. I. S. Bank, or book or books of account between him and the said bank, containing any entry or entries of the payment to or receipt by the said bank, to the credit of the said defendant, of any sum or sums of money forming part of the estate of J. W., the testator in the pleadings named, or any entry or entries of the payment or application by the said bank of any sum or sums of money forming part of the said estate), and accounting for the same (Continue as in Form, 473 — Or, 475) ; And that the said defendant {_0r, plaintiff] may be ordered to pay the costs of this application. Dated (8;c., Form 7). Note: — -This form may be used whei"e the affidavit filed complies technically -with the requirements of Form 480, but the applicant suspects that the deponent has not made a full disclosure of his documents. For a like application. See Willett v. Thiselton, 1 N. R. 42 ; And see Noel v. N., 2 N. R. 294, 156, 11 W. R. 588 ; And note to Form 470. 484. Summons for leave to seal up. ( Commence as in Form 7), on the hearing of an application on the part of the defendant A. B., that the applicant may be at liberty to seal up such parts of the several documents mentioned in his answer filed the day of , 186 — , and in the — ^- schedule thereto, and thereby admitted to be in his possession or power, as according to an 485-487. PRODUCTION of documents. affidavit to be made by him do not relate to the matters in question in this suit. Dated {^c, Form 7). Note:— See Seton, 1040; 1 Smith, 939; Ayckboum, 329; Drewry Pr. 88; And see note to Form 470. 485. Siunmons for delivery out of documents deposited for inspectiou in court. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant] A. B., that the documents pro- duced and left by the applicant with^ the clerk of records and writs pursuant to the order dated the day of , 186 — , and specified in the affidavit of the applicant filed the day of , 186 — , may be delivered out to the applicant A. B., and to Mr. C. D., his solicitor, or to either of them. Dated (^c, Form 7). Note : — For the practice of the record and writ clerks' office as to delivering out documents, See Braith>raite, 507. 486. The like — for a temporary purpose. (Commence as in Form 7), on the hearing of an application on the part of the plaintiff [ Or, defendant] A. B., that the documents (specified in the schedule hereto, being part of the documents) left by the appli- cant with the clerk of records and writs pursuant to the order dated the day of , 186 — , may be delivered out to Mr. C. D., the applicant's solicitor, for the purpose of {State the object, as : producing the same before the examiner on the examination of witnesses in this cause in the country), on the undertaking of the said Mr. C. D. to redeposit the same within ( State time, as : one week after the said exami- nation is closed) ; And that while the said documents remain in the possession of the said Mr. C. D., the defendant [^Or, plaintiff], his solicitors and agents, may be at liberty at all seasonable times, upon reasonable notice, to inspect the said documents at the office of the said Mr. C. D., situate at , or elsewhere, and to make copies and abstracts thereof, and extracts therefrom, as he shall be advised, at his expense. Dated (^c, Form 7). Note: — For order in like case, See Seton, 1062. 487. Another form. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the documents deposited by the defendant EEPKESENTATITE OF A DECEASED'S. ESTATE. 488-489. L. S. with the record and writ clerk, pursuant to the order dated the — — day of , 186—, may be delivered out to Mr. G. B., the solicitor for the plaintiff, to enable him to conduct the sale directed by the order of the day of , 186—. Dated (^c. Form 7). IX. REPRESENTATIVE OF A DECEASED'S ESTATE. 488. Summons to appoint a representative, pending proceedings in chambers. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that A. B., of {address and addition), may be appointed to represent the estate of C. D., late of , deceased, for the purpose of the accounts, inquiries, and other matters directed by the decree [Or, order] dated the day of , 186 — . Dated {Sfc, Form 7). Note: — As to when the court will dispense with a representative of a deceased's estate, or appoint a person to represent it, See 15 & 16 V. o. 86, s. 44, in Morgan, 197-201 ; Seton, 1179-81 ; I Smith, 331-6 ; Daniell, 1157-8 ; Aycltbourn, 382-3 ; Drewry Pr. 248-50; Braithwaite, 560-1. And for orders dispensing with and appointing a representative. See Seton, 1 178. For a collection of revivor and supplemental orders, under 15 & 16 V. c. 86, s. 52, the cases thereon, common allegations in such orders, and other statutory provisions as to change of parties. See Seton, 1164-74 ; And see Timpson v. L. & N. W. Ky, 11 W. R. 558 ; Fane v. Richards, Id., 524, 1 N. R. 563; Lawrie v. Crush, Id., 255, 11 W. R. 275; And for decrees, on supplemental bill, to carry on proceedings, with the cases iu which such bill is still necessary, and as to supplemental state- ments, See Seton, 1174-8. And as to abatements and defects, in general, and the former and present remedies. See 15 & 16 V. c. 86, ss. 52, 3, and 32 C. O., in Morgan, 209-16, 507-9; Mitford, 68-73-83-90-1-7 ; White on supplement, vii-xvli ; Daniell, 1373-1401-9- 30-4, 1764, 1854-62, ed. 2 ; Id., 1152-87, ed. 3 ; 1 Smith, 791-809; Drewry PI. 86-91 ; Ayckbourn, 380-7 ; Braithwaite, 80, 558-60. 489. Summons to carry on proceedings without a representative. {Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that the accounts, inquiries, and other matters directed by the decree [Or, order] dated the day of , 186 — , 490-491. SCANDAL. SECUEITT FOK COSTS. may be carried on and prosecuted, notwithstanding the absence of any person representing the estate of A. B., deceased. Dated {S^c., Form 7). Note: — For order in like case, See Seton, 1178; And see note to Form 488. X. SCANDAL. 490. Siunmous to expunge scandalous matter from a proceeding before the judge. ( Commence as in Form 7), on the hearing of an application ou the part of the plaintiff [Or, defendant A. B. — Or, C. D., who, by an order dated the day of , 186 — , has leave to attend the proceedings (or as may 6e)], that {describe the paragraphs or passages complained of in the statement, affidavit, or other proceeding before the Judge, as: paragraphs 4 to 6 both inclusive — Or, the passage commencing with the words " He told me," and ending with the words " he admitted," in paragraph 8 — of the concise statement left by the plaintiff in my chambers on the day of 186 — ), may be examined by me, and that the same may be expunged, as scandalous matter. Dated {SfC, Form 7). Note — As to what is scandal, See 1 Smith, 878 ; Ayckbourn, 321. As to the mode of complaining of scandal in a proceeding before the Judge, See 35 C. O. I-. 60, in Appendix A. ; Morgan, 543. And as to scandal in proceedings before the court : in what document it may be contained — ;who may except, and when — preparing and filing exceptions — setting down — hearing — and expunging the scandalous matter, See 8 C. O. i . 2, and 1 6 C. O. rr. 2, 3, 10, 20, 21, in Morgan, 378,437,8, 441; 1 Smith, 878-81 ; Ayckbourn, 321-5 ; And see Daniell, 241-8, 613-4; Drewry Pr. 33-4. XI. SECUEITY FOR COSTS. 491. Summons for plaintiff to give security. ( Commence as in Form 7), on the hearing of an application on the part of the defendant C. D., that the plaintiff A. B. may be ordered to procure some sufficient person on his behalf to give security according SECUKITY FOE COSTS. 492. to the course of the court, by bond to the clerk of records and writs in the penal sum of £100, conditioned to answer costs in case any costs shall be awarded to be paid by the plaintiff; And that in the mean- time the plaintiff may not {If all the defendants do not apply, add ; as against the applicant) take any further proceedings in this cause. Dated (^■c., Form 7). Note: — For the order, See Seton, 1269. As to: when security for costs may be required — mode of applying for, and of giving, security — nature of the usual security — defendant's proceedings on neglect to give, or on death or bankruptcy of surety — and putting the bond in suit. See 1 Smith, 861-7. As to the penalty of the bond. See 40 C. O. r. 6, in Morgan, 559. As to the suspension of time to answer till security given. See 37 C. O. r. 14, in Morgan, 552. As to requiring security from a limited company, when plaintiffs. See 20 & 21 V. t. 14, s. 24, now 25 & 26 V. t. 89, s. 69 ; Southampton, &c. Cp. v. Rawlins, 2 N. R. 544. And see, generally, as to security for costs, Seton, 1269-70; 1 Smith, 861-7; Morgan, 559-61 ; Braithwaite, 530-5; Ayckbourn, 407-10; Daniell, 32-7 ; Tripp, 1, 67, 1 1 7 ; Drewry Pr. 207-8 ; Knight v. Cory, 1 1 W. R. 254 ; And against plaintiff in cross suit, Tynte v. Hodge, 11 W. R. 52, 1 N. R. 48. 492. Bond as security for costs. Know all men by these presents, that we, E. F., of (address and addition), and G. H., of {address and addition), are jointly and severally held and firmly bound to L. M. {Insert name of record and writ clerk in whose division the cause is), esquire, one of the clerks of records and writs of Her Majesty's high court of chancery, in the penal sum of one hundred pounds of good and lawful money of great britain, to be paid to the said L. M., his certain attorney, executors, administrators, or assigns ; For which payment to be well and faithfully made, we bind our- selves, and each of us, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals. Dated this day of , in the year of the reign of our Sovereign Queen Victoria, and in the year of our Lord 186—. Whereas A. B. lately exhibited his bill of complaint in Her Majesty's high court of chancery, against C. D. (and others) defendant ( Or, de- fendants), touching the matters therein contained (or as may be). Now the condition of the above-written obligation is such, that if the above-bounden E. F., and G. H., or either of them, their or either 493-494. SBCPEiTY to eefund. of their heirs, executors, or administrators, do and shall well and truly pay or cause to be paid to the defendant C. D. [ Or, if the bond is to extend to all the defendants, say: to the defendants in the said cause] all such costs as the said court shall think fit to award to the said defend- ant ( Or, if to all, say : 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. Signed, sealed, and delivered by the") p, p /t g •\ above-bounden E. F. and G-. H., V q" jj' ^'gl in the presence of J • • \ • -J J. K., of (address and addition). Note:— For a like form, See Braithwaite, 530. 493. Summons to pay money into court in lieu of bond. ( Commence as in Form 7), on the hearing of an application on the part of the plaintiff, that in lieu of giving a bond as security for costs pursuant to the order dated the day of , 186 — , he may be at liberty, on or before the day of , to pay the sum of ^120 into the bank to the credit of this cause, " Security for costs account," to answer costs, in case any costs shall be awarded to be paid by the appli- cant ; And that the said sum of £120 may be laid out in bank 31. per cent, annuities, in trust in this cause, the like account ; And that the interest to accrue due thereon, and all accumulations of interest, may be from time to time laid out in like manner, in trust as aforesaid. Dated (^■c., Form 7). Note:— As to this application, See Seton, 1269, 1279 ; And as to £120 being the proper amount, See 6 W. R. 589. XII. SECURITY TO REFUND. 494. Order directing transfer, on security to refund. It is ordered that, upon the plaintiff [^Or, defendant — Or, petitioner, ^■c.] A. B. entering into a recognisance, to be settled by the Judge, to refund, as the court or Judge shall direct, the w^ole or any part of the bank annuities and money hereinafter directed to be transferred and paid to him, in case State the contingency, as : it shall hereafter appear that at the death of the intestate any other of his next of kin were living, and entitled to distributive shares of his clear personal estate — Or, it shall hereafter SECDKITT TO EEF0ND. 495. appear that E. F., in the petition named, was living at the death of the said testator — Or, in the event of any claim being hereafter established against the estate of the said testator in respect of such contingent liabilities as are mentioned in the chief clerk's certificate dated the day of , 186—, the execution of such recognisance to be certified by the chief clerk, the £ bank 31. percent, annuities standing in the name of the accountant- general in trust in this cause, and any interest to accrue due thereon, and the £ cash in the bank on the credit of this cause, be trans- ferred and paid to the said A. B., or to his legal personal repre- sentatives. Note : — For certificate verifying copy order — note of solicitors' names — and sum- mons to proceed, See Forms 118-20. For a collection of orders for transfer out, on security to refund in the event of claims in respect of contingent liabilities, or of other next of kin, or future children, See Seton, 1 93, 9 ; And for security by tenant for life, on being let into possession. Id., .512. And for the cases where funds have been paid out on the presumption of females being past child-bearing, or of death from absence. See Seton, 199-200; As to presumption of death from seven years' absence. See also Dunn v. Snowden, 1 1 W. K. 160; And as to presumptions: in matters of pedigree. See Dart, 226-8 ; of death, Id., 228-31 ; of survivorship. Id., 231-2 ; and of failure of issue. Id., 232-3. As to staying proceedings pending an appeal. See Topham v. D. Portland, 1 1 W. R. 813; Gibbs v. Daniell, Id., 633. 495. Becognisance to refund. A. B. of (^c, Continue as in Form 324 to end of date). Whereas by an order of the high court of chancery bearing date the day of , 186 — , and made by his honor the Master of the RoUs [_0r, Vice Chancellor ] in a certain cause between A. B. and others plaintiffs and B. A. and another defendants (or as may be). It tvas ordered that (recite order directing the recognisance to be given); And whereas it appears by the certificate of the chief clerk of the said Judge, dated the day of , 186 — , that the said Judge hath approved of the above-bounden C. D. as surety for the said A. B., and hath also approved of the above-written recognisance with the under- written condition as a proper recognisance to be entered into by the said A. B. and C. D., pursuant to the said order, and the consolidated order of the said court in that behalf, and in testimony of such appro- bation the chief clerk of the said Judge hath signed an allowance in the margin hereof ; Now the condition of the above-written recognisance is such, that if the above-bounden A. B. and C. D., or one of them, their or one of their heirs, executors, or administrators, do and shall refund, as the said 496-497. SECURITY to eefitnd. court, or any Judge thereof, shall at any time or times hereafter direct, the whole or such part or parts as the said court or Judge shall direct of the said bank £B per cent, annuities, and £ , cash, and interest (or as map be), by the said order of the day of , 186 — , directed to be transferred and paid to the said A. B. in case it shall hereafter appear that (State the contingency/ as in the order), Then the above re- cognisance shall be void and of none effect ; otherwise, the same is to be and remain in full force and virtue. Taken (^c. Form 324). Note : — The recognisance must be engrossed on parchmeut, on a 35s. deed stamp ; For memorandum of allowance, See Form 326 ; And see note to Form 494. 496. Justification of surety. In Chancery. ( Title.) I, C. D., of {address and addition, as in recognisance), make oath and say, as follows : — 1. I am the proposed surety on behalf of the plaintiff [^Or, defendant — Or, petitioner, ^c."] A. B., in the recognisance to be entered into in the penal sum of £ (same sum as in recognisance), pursuant to the order in this cause dated the day of , 186 — . 2. I am well and truly worth the sum of £ (same sum as above), of lawful money of great britain, over and above what is sufficient to pay all my just debts. Sworn (^c, Form 16). Note: — See Form 15 ; And note to Form 494. 497. Certificate of approval — execution — and enrolment of recognisance. (Commence as in Form 185.) A proper recognisance to refund (^c, as in order) has been settled and approved, consisting of a recognisance to be entered into by A. B., in the said order named, together with C. D., as his surety, and in testimony of such approval I have signed an allowance in the margin thereof. Such recognisance has been duly entered into and executed by the said A. B. and C D., and has been duly enrolled. The evidence produced (Sfc, Form 224). Dated (^c, Form 185). 498-499. XIII. SPECIAL EXAMINER. 498. Siunmons to appoint a special examiner. (^Commence as in Form 7), on the hearing of an application on the part of the plaintiff [Or, defendant A. B., ^c), that C. D., of (address and addition), may he appointed examiner, for the purpose of taking the examination of witnesses [^Or, the cross-examination of E. F. on his affidavit filed the day of , 186 — , {or as may 6e)] in this cause. Dated (^-c, Form 7). Note: — See Seton, 1236. As to special examiners — mode of applying for their appointment — who may be appointed — conduct of the examination — filing depositions — and examiners' fees, See 15 & 16 V. c. 86, ss. 31-5, Regulations to C. O., schedule 1, and Gen. Ord. 5 Feb. 1861, in Morgan, 181-7, 642, 684-92 j And see Seton, 1234-6; 1 Smith, 64, 604-30; Ayckbourn, 152-60 j Drewry Pp., index, 11 ; Daniell, 714. 499. Sketch of affidavit of fitness of proposed examiner. In Chancery. {Title.) I, G. H., of (address), gentleman, make oath and say, as follows : — 1. I have, for years and upwards now last, known and been well acquainted with C. D., of (address and addition), the person pro- posed to be appointed examiner for the purpose of taking the exami- nation of witnesses (or as may he) in this cause, and have frequently had transactions in matters of business with him. 2. The said C. D. is a solicitor in large practice at aforesaid (or as may be), and is a person of great respectability and integrity, and in my judgment he is fully competent to take the examination of witnesses in this cause, and is a fit and proper person to be appointed examiner for that purpose. 3. The said A. B. is not concerned for any of the parties in this cause, nor in any manner interested in the matters in question therein. Sworn (SfC, Form 16). Note:— See Form 15; And note to Form 498. 500-501. XIV. STAYING PROCEEDINGS. 500. Summons to stay proceedings (or dismiss bill) on terms. (^Commence as in Form 7), oa the hearing of an application on the part of the plaintiff \_0r, defendant], that (by consent) all further proceedings in this (matter and) cause may be stayed [ Or, that the plaintiff's bill may stand dismissed out of this court] upon the terms following, that is to say ( State the terms). Dated {Sfc, Form 7). Note:— See Seton, 303, 887-90; 1 Smith, 535, 6; Ayckbourn, 3lS ; Braith- waite, 567. XV. STOP OEDERS— CHARGING ORDERS. 501. Summons for stop order on stock, cash, and interest. ( Commence as in Form 7), on the hearing of an application on the part of A. B., of {address and addition), that, by consent. Stock : — the £ bank 31. per cent annuities {or other stock) standing in the name of the accountant-general, in trust in this matter and (or) cause, the account of , Cash : — (and) the £ cash in the bank on the credit of this matter and {or) cause, the account of {Or, the like account), or any part thereof (respectively) to which (the plaintiff — Or, de- fendant) C. D., is (or may become) entitled, Interest: — or any interest hereafter to accrue due on the said annuities, be not transferred, sold, paid out, nor otherwise disposed of, without notice to the applicant, A. B. Dated {SfO., Form 7). Note: — For order in like case, See Seton, 952. And for stop orders on shares of stock, cash, and interest — on cash, and on stock to be purchased therewith — on stock, w^ith direction to pay interest to assignee during assignor's life — and on cash, when carried over, See Seton, 952-3. As to the cases in which, and by what procedure, a stop order is obtainable — on ■what evidence — parties to be served — applicant's liability to costs, under 26 C. O. — and priority conferred by a stop order. See Seton, 952-4, 1410, 1. And see Trower, 58, 369, 399; Morgan, 489-90; 1 Smith, 835-6; Ayckbourn, 455-8; Daniell, 127S-7 ; Tripp, 167-184; Wellesley v. Mornington, 11 W. R. 17; And note to Form 506. STOP ORDERS— CHAKGUNG ORDERS. 502-503. 502. Sketch of affidavit in support of application for stop order. 1, E. F., of {address and addition), make oath and say, as follows : — • Show assignor's interest in fund to be restrained, as: — 1. By an order made in this matter and (or) cause, bearing date the day of , 186 — , it was ordered that the interest during the life of G. D. to accrue on the £ bank SI. per cent, annuities, standing in the name of the accountant-general, in trust in this matter and {or) cause, "Legacy account of G. D., and his children," should from time to time, as the same accrued due, be paid to the said G. D., until further order, with liberty to apply on his death, as I know from {State means of know- ledge^ as : having perused the entry of the said order in the registrars' book kept in the report office of this honorable court). 2. C. D., of {address and addition of assignor), as the only child of the said C. D., is now entitled to the said bank 3Z. per cent, annuities, in reversion expectant on the death of the said G. D., under the trusts of the will of M. N., the testator in the bill [ Or, pleadings] named, as I know from {SfC. as : a perusal of the proceedings in this cause). Show title of assignee, as : — 3. By the indenture, marked A., bearing date the day of , 186 — , now produced and shown to me, and made between the said C. D. of the one part, and the said A. B. of the other part, the said C. D., for the valuable consideration therein men- tioned, assigned and transferred the said sum of £ bank Si. per cent, annuities, and the monies and securities for the time being repre- senting the same, and the interest and dividends to accrue thereon after the death of the said G. D., with full power to ask, demand, sue for, recover, and receive the same, in the name of the said C. D., or otherwise, unto the said A. B., his executors, administrators, and assigns, for his and their absolute use and benefit, as I know from a perusal of the said indenture. Sworn {SfC, Form 16). Note: — See Form 15; And note to Form 501. 503. Summons for stop order as to documents. ( Commence as in Form 7), on the hearing of an application on the part of A. B., of {address and addition), that the documents deposited by (the defendant) C D. with the clerk of records and writs, pursuant to the order dated the day of , 186 — , or any of them, may not be delivered out, nor otherwise disposed of, without notice to the applicant A. B. Dated (^-c, Form 7). Note: — See note to Form 501. 504-506. STOP OEDBES CHAEGIHG OEDEES. 504. Summons to substitute alienee of assignee as the restraining party. ( Commence as in Form 7), on the hearing of an application on the part of E. F., of {address and addition), that, by consent, the said E. F. may be substituted for A. B., in the restraining order dated the day of , 186 — , named, as the person to whom notice is to be given before any transfer, sale, payment, or other disposition of the bank annuities and cash in the said order mentioned {or as may be). Dated (^•c.. Form 7). Note : - See note to Form 501. 505. Summons to discharge stop order. {Commence as in Form 7), on the hearing of an application on the part of A. B., that the order dated the , day of 186 — , whereby it was ordered that {Set out restraining parts of stop order), may be discharged. Dated {Sfc, Form 7). Note: — See note to Form 501. 506. Summons for a charging order, by consent. ( Commence as in Form 7), on the hearing of an application on the pai't of A. B., of {address and addition), that, by consent, the £ bank 31. per cent, annuities, standing in the name of the accountant- general in trust in this cause {or as may be), may stand charged with the payment to the applicant A. B. of the sum of £ , with interest thereon at the rate of £ per cent, per annum until payment. Dated {^c. Form 7). Note : — For order nisi, charging funds in court, ■vpith interim stop order, and sub- stituted service on solicitor — and for order absolute. See Seton, 954-5; And for Tarious other orders of the like nature, See Id., 955-7. And for the oases in which, and by what procedure, a charging order under 1 & 2 V. c. 110, and 3 & 4 V. o. 82, is obtainable— the operation of charging orders — and stop orders as ancillary to charging orders at law, See Seton, 958-9. See also Lewin, 519-21 ; Daniell, 803-5, 1277j Tripp, 78 ; 1 Smith, 837-40; Trower. 58, 9 ; Re Nowell, 11 W. R. 896 ; And note to Form 501. 507. PART XVII. INFANTS. I. GUARDIAN— MAINTENANCE— ADVANCEMENT. 507. Simuuons for the appointment of a guardian. In Chancery. Entitle in pending matter and (or) cause; Or if none, say : JxL the matter of A. B., an infant, by C. D., his next friend. (Commence as in Form 7), on the hearing of an application on the part of (the above named) A. B., of {address), an infant, by C. D., of (address and addition), his next friend, that the said C. D. [ Or, some (other) proper person] Guardian of the person : — ^may be appointed guardian of the person of the said infant [Or, may be appointed in the nature of a guardian — Or, to act as the guardian — of the person of the said infant, and to have the care of his maintenance and education] during his minority, or until further order ; Guardian of the person and estate : — may (7^ so, on giving security) be appointed guardian of the person and estate of the said infant during his minority, or until further order ; Guardian of the estate: — may {If so, on giving security) be appointed guardian of the estate of the said infant during his minority, or until further order. Guardian to consent to marriage : —may he appointed guardian of the person of the said infant, for the purpose of giving a legal consent to his marriage with E. F. Guardian of estate to pass accounts : — And that the guardian so appointed of the infant's estate may from time to time pass his accounts as such guardian, and pay the balances which shall be certified to be due from him into the bank to the credit of this matter and (or) cause (the account of ) ; And that such balances, when so paid in, may be laid out in the purchase of bank 31. per cent, annuities, in trust in this matter and (or) cause (the like account); And that the interest to accrue on the said annuities, and all accumulations of interest, may be from time to time laid out in like manner, in trust as aforesaid ; Costs: And that the costs of this application, as between solicitor 507. GUAEDIAN — MilNTENANCE ADVANCEMENT. and client, may be taxed by the taxing-master [Or, ascertained at chambers], and that the said guardian may (retain and) pay such costs out of the rents and profits of the said infant's estate [Or, and that such costs may be paid out of the £ cash in the bank to the credit of this matter and (or) cause {or as may be). Dated (^-c, conclude as in Form 7 — Or, if an original summons, as in Form 5). Note: — For like orders, See Seton, 70O-1. For authority of next friend, on an application by original summons, See Form !. Any of the clauses in Form 507 may be combined in one summons with any of the clauses in Form 508. For » variety of orders as to: the guardianship — maintenance — education — and advancement of infants, with practical notes as to : the form of order — guardians- maintenance and advancement — applying by petition or summons — and where the infant is entitled to realty, See Seton, 699-702-6-9 ; And as to : the father's ability — mother's ability — past maintenance — and special circumstances, Id. 710-12. For orders as to the custody of infants since the 2 & 3 V. c 54, in Morgan, 1-4, See Seton, 713-5, 719; And for the cases. See Seton, 715-8; And see Barry, 59-70; Daniell, 977; Tripp, 81; 1 Smith, 10. That a joint appointment of testamentary guardians survives, but a like appoint- ment by the court does not. See Seton, 703. As to statutory maintenance of infants. See 1 W. 4, c. 65, s. 32, Seton, 722; Barry, 58; and 23 & 24 V. c. 145, s. 26, in Morgan, 317; Seton, 704; And for an order for maintenance out of a legacy under 36 G. 3, u. 52, s. 32, See Seton, 721; And. under the 10 & 1 1 V. c. 96, See Seton, 722. For the cases to 1858 as to: testamentary guardian — guardian appointed by a stranger — ward of court — ^guardian by appointment of the court — ^jurisdiction exer- cised by the court over guardians of different kinds — and maintenance, See 2 L. C. Eq. 564-608, 936-40. As to the different sorts of guardians, and their powers over the infant's property. See Woodfall, 402. As to next friends, and guardians ad litem. See Forms 458-9. For orders for inquiry as to the property and maintenance of a person non compos, and for the appointment of a guardian of his person and estate, and allowance for maintenance. See Seton, 709-10; And for the cases. See Id. 705, 9-10. And for the procedure to get a guardian appointed, or an allowance made for maintenance, education, or advancement. See 19 Judges' Reg., in Appendix B.; BIoxam,43; Morgan, 700; Seton, 702; 1 Smith, 962-9 ; Ayckbourn, 571-2; Daniell, 96.5-71 ; Tripp, 126, 182. And see Smith Comp. 1011-1022. GrAEDIAN — MAINTENANCE — ABTANCEMENT. SOS- SOS. Siuumous for allowance for maintenance. {Title— See Form 507.) {Commence as in Form 7), on the hearing of an application on the part of (the above-named) A. B., of {address), an infant, by C. D., of {address and addition), his next friend, that Maintenance: — the sum of £ a year may be allowed for the maintenance and education of the said infant for the time past from ^^f day of , 186 — , and for the time to come during his minority, or until further order ; Increase of maintenance : — the sum of £ a year may be allowed, in addition to the sum of £ a year allowed by the order dated the day of , 18 — , making together the sum of £ a year, for the maintenance and education of the said infant, as from the day of— — last [O, from the day of instant — Or, next], and for the time to come during his minority, or until further order ; Payment and application by guardian : — And that such allowance may be retained and applied by C. D., the guardian of the said infant, by equal half-yearly payments of jg each {If so, without deduction for income tax), on the day of and day of in each year, the first of such payments to be made on the day of , out of the rents and profits of the said infant's estate (at ) ; Payment by receiver : — And that such allowance may be paid by the receiver appointed in this cause to C. D., the guardian of the said infant, by equal lialf-yearly payments {Sfc, as above), out of the rents and profits of the estate of the said infant ; and be allowed to the said receiver from time to time on passing his accounts. Payment by trustees : — And that such allowance may be paid to C. D., the guardian of the said infant, by E. F. and G. H., the trustees of the will of L. M., deceased [ Or, of the indenture of settlement dated the day of , 18 — ], by equal half-yearly payments (^c, as above), out of the (rents, profits,) interest, and other income of the (real and) personal estate to which the said infant is (presumptively) entitled under the said will [Or, settlement — Or, applicable to this purpose] ; Payment out of fund in court : — And that such allowance may be paid to C. D., the guardian of the said infant, by equal half-yearly payments {l^c, as ahove), out of the interest from time to time to accrue due on the £ bank 3/. per cent, annuities standing in the name of the accountant-general, in trust in this matter and (or) cause (the account of ); Costs: — {See Form 507). Dated (^c. Form 7). Note: — For like orders, See SetOD, 700-1. Any of the clauses in Form 508 may be combined in one summons with any of the clauses in Form 507. And see note to Form 507. X 2 509. aUARDIAN — MAINTENANCE — ADVANCEMENT. 509. Sketch of affidavit in support of application for guardian— or guardian and maintenance. In Chancery. {^Title as in Summons.') We C. D., of {address and addition), and H. R., of {address and addition), severally make oath and say ; And first I the said C. D., for myself say as follows : — State age of infant, as: — 1. The above-named infant A. B. is now of the age of years, and upwards, and is the same person as the A., son of W. and C B., named in the paper writing marked A. {certificate of infant's birth or baptism), now produced and shown to me, and pur- porting to be a certified extract from the register book of births [ Or, baptisms] kept in and for {describe from the certificate) ; And the said W. and C. B. are the same persons as the W. B., and C. D. respectively named in the paper writing marked B. {certificate of their marriage), now produced and shown to me, and purporting to be a certified extract from the register book of marriages kept in and for {Describe from the certificate) ; I know the foregoing facts from {State means of kriowledge). State nature and amount of infanfs fortune and income, as : — 2. W. B., late of {address and addition), the father of the said infant, by his last will dated the day of , 186 — , and proved in (Her Majesty's court of probate) on the day of , 186 — , devised to the said infant, his heirs and assigns, a freehold estate at , and bequeathed to him a legacy of ^62,000 bank 3/. per cent, annuities, as I know from {State means of knowledge, as: having perused the probate of the said will). 3. The said real estate produces a net income of £ a year, and the said bank 31. per cent, annuities produces a net income of £ a year, to the said infant, making together the sum of £ a year ; I never heard, and do not believe, that the said infant has any other fortune or income whatsover. State what relations the infant has, as : — 4. W. B., the father of the said infant died on the day of , 186—, and C. B., the mother of the said infant, died on the day of , 186 — , as I know from {State means of knowledge, as: having been present at their respective deaths). 5. The said infant has no testamentary guardian, and no guardian appointed by this honorable court, as I know from, ^c. 6. The said infant has neither brother nor sister, and his only sur- viving relations, to the third degree of consanguinity inclusive, are as follows, namely : On the paternal side, myself, who am his uncle, and his aunt, F. R., the wife of J. R., of ; and on the maternal side his aunt H. N., of , widow, as I know from {State means of know- GUAKDIAN MAINTENANCE ADVANCEMENT. 509. ledge, as: information derived by me from the said W. B., and C. liis wife, and members of their respective families). State where infant now is, as : — 7. The said infant is now residing as a boarder at the school kept by S. B. at • , where he was placed by his said father. Consent of proposed guardian to act: — 8. I am willing to act as the guardian of the person and (or) estate of the said infant, in case this honrable court shall think fit to appoint me as such ; I am married, and have two children of the respective ages of seven and five years ; My wife and children reside with me at ; It is my intention that the said infant shall continue to be educated at the said school, and that he shall spend his vacations with me and my said family. ijf Maintenance applied for, add scheme for its application, as : — 9. The expense of the schooling of the said infant amounts to £ a year ; To the best of my judgment and belief an allowance of £ a year is proper and necessary for the maintenance and education of the said infant, and I submit the following scheme for the application thereof, namely : — m School bills ...... Clothing ...... Pocket money ..... Medical attendance ..... Maintenance and incidental expenses during vacations Total Fitness of proposed guardian : — And I the said H. R., for myself say as follows : — 10. For years and Upwards now last I have known and been well acquainted with the above-named deponent C. D., the proposed guardian of the above-named infant A. B. 11. The said C. D. is a (State his rank, profession, or business), and is a person of respectability and integrity and in good credit, and I verily believe him to be a fit, proper, and eligible person to be ap- pointed guardian of the person and (or) estate of the said infant A. B. Sworn (Sfc, Form 16). Note: — See Form 15. As to the evidence required on an application for the appointment of guardians of infants, and allowance for maintenance, See 19 Judges' Beg., in Appen- dix B; Whether strict evidence of the infant's legitimacy, and of his actual age, must be adduced on such an application depends on the circumstances of the parti- cular case ; but as certificates can usually be obtained at a trifling expense, it seems the ordinary practice now to put in evidence certificates of the marriage and birth, or baptism, and identify the parties. And see note to Form 507. 5 1 0-5 12. GUARDIAN MAINTENANCE ADTANCEMENT. 510. Consent to act of proposed guardian. In Chancery. ( Title as in summons.) I, C. D., of {address and addition), hereby signify ray consent to accept the office of guardian of the person and (or) estate of the above named infant, A. B., during his minority. Dated this day of 186 — CD. Signed in the presence of, M. N., of {address and addition). Note: — Where the proposed guardian consents, by affidavit, to act as such (as in Form 509), a separate consent is unnecessary. For affidavit verifying the signature to the consent, See Form 221. And see note to Form 507. 511. Summons to settle security to be given by guardian of estate. {Commence as in Form 7), on the hearing of an application on the part of C. D., to settle the security to be given by him as guardian of the estate of the (above-named) infant A. B., pursuant to the order of the day of , 186 — Dated (^-c, Form 7). Note : — For certificate verifying copy order — and note of solicitors' names, See Forms 118-9. The security required to be given by the guardian of an estate is usually the recognisance of kimself, and one or two sureties ; The form of such recognisance — the justification of the sureties — and the chief clerk's certificate of the security having been given, are, mutatis mutandis, the same as the like documents in the case of a receiver — See Forms 389-92, 4; So also are the guardian's account — the affidavit verifying it — and the chief clerk's certificate of allowance, See Forms 398, 402, 3. 512. Summons to remove a guardian, and appoint another. ( Commence as in Form 7), on the hearing of an application on the part of (the above-named) A. B., an infant, by C. D., his next friend [^Or, C. D., of {address and addition), his next friend for this purpose], that E. F., the guardian appointed by an order dated the day of , 18 — , of the person and {or) estate of the said infant, may be discharged from being such guardian ; And that the said C. D. [ Or, some (other) proper person] may (on his giving security) be appointed the guardian of the person and {or) estate of the said infant during his minority, in the place of the said E. F. {If there is a continuing GUARDIAN— MAINTENANCE — ADVANCEMENT. 513-514. guardian, add: to act jointly with G. H., in the said order named, in the guardianship of the said infant — And that the allowance for the maintenance of the said infant, by the said order directed to be paid to the said E. F. and G. H., may, instead thereof, be paid to the said G. H. and such new guardian, when appointed.) {Add, if desired, a clause as to costs, See Form 507.) Dated (^c, Form 7). Note: — For order discharging guardian, and directing a new guardian to be appointed. See Seton, 708. As to the jurisdiction exercised by the court over guardians of diflferent kinds, See 2 L. C. Eq. 573-88, 937; Seton, 702-4. And see note to Form 507. 513. Summons for leave to take infant out of the jurisdiction. {Commence as in Form 7), on the hearing of an application on the part of G. D., the guardian of (the above-named) A. B., an infant, that the said infant may be allowed to accompany the said C. D. on his intended tour to (rome), upon the undertaking of the said C. D. that the said infant shall return within the jurisdiction of this court within months from this time ; And that, in addition to the- present allowance for the maintenance and education of the said infant, under the order dated the day of , 186 — , the sum of £ may be allowed to the said C. D., for the travelling and other expenses of the said infant during the said tour ; And that the said sum of £ may be retained by the said C. D. out of the rents and profits of the said infant's estates (or as may be). Dated {Sfc, Form 7). Note: — For order in like case. See Seton, 719. And for other orders as to removal of an infant out of the jurisdiction, with the cases. See Seton, 719-21 ; And see 2 L. C. Eq. 586-8. 514. Summons for the purchase of a commission, and for outfit. ( Commence as in Form 7), on the hearing of an application on the part of (the above-named) A. B., an infant, by C. D., his guardian [Or, next friend, S^c."], that. Payment by trustee or receiver : — E. F., the trustee of the will of G. H., deceased [Or, of the indenture of settlement dated the day of , 186 — Or, E. F., the receiver appointed in this cause], may out of the rents and profits of the estates of the said infant A. B., pay to C. D., the guardian of the said infant {or as may be), the sum of £ , to be applied by him, as to £ , in the purchase of a 515. GtJABDIAK — MAINTENANCE — ADTANCBMENT. commission in the army for the said infant, and as to £ residue thereof, for the necessary outfit of the said infant ; Out of fund in court: — out of the £ cash in the bank on the credit of this matter and (or) cause (the account of ), the sum of £ \_0r, that so much of the £ bank 3/. per cent, annuities standing in the name of the accountant-general, in trust in this matter, 4-c., as (with £ cash in the bank to the credit of the said account) will raise the sum of £ may be sold, and that the money to arise by the said sale (and the said cash)] may be paid to C. D., the guardian of the said infant A. B. (^-c, as may be), to be applied by him (^-c, as above) ; Costs : — {Add, if desired, a clause as to the costs — See Form 507). Dated (^-c. Form 7). Note: — For orders in like case, See Seton, 708-9 j And see note to Form 507. 515. Summons to article or apprentice infant. {Commence as in Form 7), on the hearing of an application on the part of (the above-named) A. B., an infant, by C. D., his guardian [Or, next friend, Sfc^, that the said infant A. B. may be placed out as an articled clerk [Or, apprentice] with E. F., of (address and business, Sfc), for the term of years, for the purpose of being instructed in the profession [Or, trade — Or, business] of a ; And that £ may be allowed as a proper premium to he paid to the said E. F. on that occasion ; And that £ may also be' allowed for the necessary outfit of the said infant ; And that proper articles of clerkship [^Or, a proper indenture of apprenticeship] may be approved by the Judge ; And that upon the execution thereof by such parties as the Judge shall direct. Payment by trustee or by receiver : — G. H., the trustee of the will of L. M. deceased [ Or, of the indenture of settlement dated the day of , 18 — , — Or, G. H., the receiver appointed in this cause], may out of the rents and profits of the estates of the said infant {or other fund applicable), pay the sum of £ to the said E. F., for such premium as aforesaid ; and the said sum of £ to the said C. D , the guardian of the said infant, for such outfit ; And that the costs of this application may be ascertained in chambers, and paid out of the like fund ; Payment out of fund in court : — (such execution to be certified by the chief clerk,) out of the £ cash in the bank {SfC, as in Form 514), the sum of £ may be paid to the said E. F. {Sfc, as in Form 514). Dated {SfC, Form 7). Note : — For the order, See Seton, 709. For order to place infant with ship-owners, with allowances, and for order to GUARDIAN ^MAINTENANCE ADVANCEMENT. 516-517. cancel the indentures on infant becoming imbecile, the master consenting, See Seton, 709. When a proposal to article or apprentice an infant, and the fitness of the master- Form 516 — have been approved at chambers, the draft of the instrument of appren- ticeship — Form 517 — is settled there, and is afterwards engrossed, usually in dupli- cate, and the engrossment is verified by affidavit, See Form 418 j A memorandum of approval — See Form 419 — is written in the margin of the fiist page of each engrossment, and the chief clerk thereupon signs the memorandum, ai^d issues a minute of the order made ; From such minute the registrar draws up a formal order, which is completed in the usual way. See note to Form 22. Where the premium and outfit have to be paid by the accountant-general, such payment is not usually directed to be made by him till the chief clerk has certified that the proper parties have executed the articles or indentures ; To obtain such certificate the prosecutor of fhe order leaves a certified copy — Form 118 — of the order at chambers, together with the office copy of an affidavit — See Form 450 — of such execution, and the chief clerk thereupon issues his certificate of execution — See Form 451 — which is completed in the ordinary way, See Form 185 ; And the money is obtained in the manner explained in note to Form 438. And see note to Form 517. 516. Sketch of affidavit of fitness of proposed master. (Commence as in Form 14.) 1. For years and upwards last past I have known and been well acquainted with E. F., of (address and business, as in summons), and during the whole of that period he has been actually engaged in the business of a (state what). 2. The said E. F. is a respectable person, and is in my judgment well versed in the business of a (slate what), and fully qualified and competent to instruct a pupil in the knowledge of such business, and is a fit and proper person to have a pupil articled [Or, apprenticed] to him. 3. In my judgment the sum of £ is a reasonable and proper sum to be paid to the said E. F. as a fee for the apprenticeship to him, for the term of years, of A. B., the infant in the proceedings in this matter and (or) cause named. Sworn (S/'C, Form 16). Note: — See Form 15 : And note to Form 515. 517. Indenture of apprenticeship. This indenture made the day of , 186 — , between E. F., of (address and business), of the one part, and A. B., of (address), an infant of the age of years and upwards, of the other part ; Whereas by an order of the high court of chancery, bearing date the day of , 186 — , and made by his honor the Master of the 517. GUARDIAN MAINTENANCE — ADVANCEMENT. Rolls [ Or, Vice-Chanoellor ] in the matter of , and (or) in a cause between A. B. plaintiff, and 0. D. defendant {or as may be), it was ordered that {Recite directions to apprentice, and pay premium, and the approval of the instrument of apprenticeship); Now this indenture witnesseth, that the said A. B., of his own free will, and in pursuance of the said order, doth by these presents put, place, and bind himself as an apprentice to the said E. F., in his busi- ness of {state what, as : an auctioneer and estate agent), well and faith- fully to serve him from the day of the date hereof^ for the full term of (three) years from hence next ensuing, and fully to be complete and ended ; And the said A. B. doth hereby for himself, and on his part, covenant and agree with the said E. F., his executors, administrators, and assigns, that he the said A. B. will well, faithfully, and honestly serve the said E. F., as his apprentice in his said business of (an auctioneer and estate agent), from the day of the date hereof, for the term of (three) years now next ensuing ; And that he the said A. B. will not at any time during the said term destroy, embezzle, spend, or make away with, any of the books, accounts, papers, monies, or other pro- perty of the said E. F., his executors, administrators, or assigns; And that he the said A. B. will from time to time, and at all times, during the said term, keep the secrets of the said E. F., and readily, and cheerfully, obey and execute his lawful and reasonable commands, and will not depart, or absent himself, from the service and employ of the said E. F., at any time during the said term, without his license and consent for that purpose first obtained, but in all things as a good and faithful apprentice will demean and behave himself towards the said E. F. and his family ; And this indenture further witnesseth, that in pursuance of the said order, and in consideration of the faithful services of the said A. B., and of the covenants hereinbefore contained, and also in consideration of the payment of the sum of £ (premium), as aforesaid, he the said E. F., for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, to and with the said A. B., his executors and administrators, that he the said E. F. shall and will accept and take the said A. B. as his apprentice for the term aforesaid; and shall and will, by the best ways and means in his power, and to the utmost of his skill and knowledge, teach and instruct, and cause to be taught and instructed, the said A. B. in the business of (an auctioneer and estate agent). In witness, &c. Note: — As to : the contract of apprenticeship — the rights and obligations of the master and apprentice respectively — assignment of apprentice — dissolution of apprenticeship — and jurisdiction of justices concerning apprentices, See 1 Peters- dorff, 395-6-416. As to the stamp duties on indentures of apprenticeship, See Id. 398. And see notes to Forms 515, 518. 518. II. MANAGEMENT OF PROPERTY. 518. Sketch of conditional contract to grant a lease of an infant's estate, under 1 W. 4, c. 65, s. 17. This agreement made the day of , 186 — , between C. D.j of {address and addition), the guardian of A. B., of (address), an infant, for and on behalf of the said infant, of the one part, and G. H., of {address and addition^ of the other part, Witnesseth that, subject to the sanction and approval of the high court of chancery, to be obtained in a certain matter of , and {or) cause of , a-s hereinafter mentioned, the said A. B., or his guardian in his name, will grant and execute {continue as in Form US — Or, 413a. — to the end, substituting A. B. for trustees). Note: — For a statement of the procedure to obtain the confirmation by the Judge of a contract to lease, and of the lease thereunder, See note to Form 413a. For summons to carry Form 518 into effect, See Form 519. For affidavit in support, See Form 415. For precedent of a lease under 1 W. 4, c. 65, s. 17, See Form 520. For affidavit verifying engrossments of lease and counterpart, See Form 418. For minute of order approving contract and lease thereunder, See Form 521. For orders, on petition, to renew lease under 1 W. 4, c. 65, s. 12, and to grant a new lease under s. 17, See Seton, 695, 6. For order, on summons, to grant a lease under s. 17, where infants are eo- tenants with other persons, See Seton, 696. And for notes on ss. 12-30, enabling the court — and in some cases a Judge at chambers. See 35 C. O. r. 1, art. 5, in Appendix A — to sanction leases, and renewals of leases, of the property of infants and femes coverts, and renewals of leases to which they are entitled. See Seton, 697-8 ; And see Barry, 55-7 j 1 Smith, 1139-42. As to the power of the guardian to contract to lease for the infant. See s. 26j And* as to the costs of proceedings under the act. See s. 35. As to the effect of a lease at common law by an infant, and confirmation after full age, and as to customary leases by infants. See Woodfall, 39-40. As to when leases to infants are void or voidable, See Woodfall, 62, 3. Where an infant is interested in any settled estate of which neither the trustees nor any other person have express power to grant leases, an application may be made to the court to order leases to be made pursuant to the settled estates acts, Woodfall, 40. As to the law of landlord and tenant in general. See note to Form 413a. As to the infant's right to treat as guardian or bailiff liable to account, any person entering on his estate. See Seton, 687. 519-520. MANAGEMENT OF PIIOPEKTY. For the statutes and cases as to a sale or mortgage by the court of lands in which an infant is interested. See Seton, 688-9, For orders and cases as to adoption and compromise on behalf of infants, See Seton, 690-2. !Por orders as to investing and protecting the property of infants, with notes. See Seton,' 692-5 ; And see as to applications respecting : copyholds-^exchanges — insti- tuting and defending proceedings — repairs — drainage — sales under acts as to public •works — and timber, ante. Forms 407-12, 434-7. As to : the disabilities of infants — their rights ex contractu — contracts binding upon them — contracts by them for necessaries — and ratification of contracts made during infancy, See Add. Cont 935-42; And see 5 Petersdorff, 135-49. 519. Siunmons to carry contract into effect. ( Title as in Form 507,) And in the matter of the act of parliament, first William the fourth, chapter sixty-five. ( Commence as in Form 7), on the hearing of an application on the part of (the above-named) A. B., an infant under the age of twenty-one years, by C. D., his guardian, that the conditional contract dated the . day of , 186 — , entered into by the said C. D., for and on behalf of the said infant, of the one part, and G. H., of the other part, for granting to the said G. H. a lease [ Or, underlease] of the land therein described, part of the {Or, being) land which the said infant is seised or possessed of in fee [^Or, in tail — Or, being leasehold land which the said infant is possessed of, or entitled to, for an absolute interest], may be carried into efiect ; And that such lease may be settled by the Judge. Dated {Sfc. Form 7). Note:— See note to Form 518. 520. Lease of a dwellinghouse by an infant. This indenture made the day of , 186 — , between A. B., of (address), an infant under the age of 21 years, by C. D., of (address and addition), as the guardian of the said A. B., of the one part, and G. H., of (address and addition), of the other part, witnessetb, that in consideration of the yearfy rent, covenants, and agreements hereinafter reserved and contained, and on the part of the said G. H., his executors, administrators, and assigns to be paid and performed, he the said A. B., by the said C. D., his guardian, by the direction of the high court of chancery, signified by an order made by his honor the Master of the Bolls \^0r, Vice-Chancellor ], dated the day of , 186 — , on the application of the said infant, by his said guardian, in the matter of , and (or) cause of , and in the matter of the act of parliament, first William the fourth, chapter sixty-five, doth by these presents — whichhave MARRIAGE A2iD SETTLEMENT THEREON. 521-522. been settled and approved by the said Judge, as appears by the said order, and by the signature of his cliief clerk in the margin hereof — demise, lease, and to farm let unto the said E. F. — hereinafter called the lessee — his executors, administrators and assigns. All that {Sfc, S^c The rest of the lease may he in the common form, except that the approval of any fire insurance — production of fire policy and receipts — rebuilding after afire — liberty to enter and view — or other exercise of discretion, SfC, should be made by, to, and under the direction of the said A. B., or his guardian or guardians, heirs [Or, executors, administrators] or assigns). 521. Uinute of order approving contract (and the lease to be granted thereunder). ( Commence as in Form 416.) And the Judge being of opinion that it is for the benefit of the said A. B., the infant, that the conditional contract dated, <§-c., entered into, Sfc, for granting, S^c. (as in Form 519), should be carried into effect. Order made that the same be carried into effect accordingly, such lease to be settled by the Judge. jf the lease is approved by the same order, omit direction to settle, and add: — And that the said C. D., the guardian of the said infant, be at liberty, in the name of the said infant, to execute the indenture, marked C, intended to be made between the said infant, by his said guardian, of the one part, and the said G. H. of the other part, which has been settled and approved by the Judge as a proper lease in conformity with the said contract, and is identified by the signature of his chief clerk in the margin of the engrossment of the said lease, and of the counterpart thereof respectively ; And that the said counterpart be executed by the said G. H., the lessee, and be deposited for safe custody with the clerk of records and writs, until the said infant shall attain the age of twenty- one years, but with liberty to proper parties to have the use thereof, if required, in the meantime, for the purpose of enforcing any of the covenants therein contained. X. Y., Chief Clerk. Note: — For like order. See Seton, 696 ; And see note to Form 518. ni. MARRIAGE— AND SETTLEMENT THEREON. 522. Concise petition of ward of court for inquiry as to proposed marriage, and for approval of settlement. In Chancery. (iVame of Judge.) (State title of cause or (and) matter in which the infant is a ward, and add,) And in the matter of the act of parliament, 18th and 19th 522. MARRIAGE — AND SETTLEMENT THEREON. Victoria, chapter 43, intituled, "An act to enable infants, with the approbation of the court of chancery, to make binding settlements of their real and personal estate on marriage." To the right honoraby the Lord High Chancellor of great britain [ Or, Master of the Rolls] : The humble petition of the above-named infant (plaintiff), B. C, by C. C, of {address and addition), her next friend, and of the said C. C, and W. F., of {address and addition), the guardians of your infant petitioner, Showeth as follows : — 1. S. E., of {address and addition), hath made proposals of marriage to your petitioner B. C, and she hath, with the consent of your petitioners C. C, and W. F., who are her guardians appointed by this honorable court under an order dated the day of , 186 — , and subject to the approbation of this court, accepted such proposals. 2. Your petitioner B. C. is, as your petitioners are advised, a ward of this Court; She is of the age of 19 years or thereabouts, and entitled under the will of W. C, deceased, and otherwise, to both real and personal property. > Tour petitioners therefore humbly pray, 1. That an inquiry may be made whether the marriage proposed between the said S. R. and your infant petitioner B. C. is a fit and proper marriage for your infant petitioner, and that if the said marriage should be approved of, then that your petitioners and the said S. R. may be at liberty to lay proposals before the Judge at chambers for settlements previous to the said marriage, including a settlement of your infant petitioner's property, both real and personal ; And that proper settlements, as to your infant petitioner and her property by virtue of or under the said act, may be prepared and executed with the approbation, and under the order, of this honorable court, by your infant petitioner and all other proper parties; 2. That upon the due execution thereof by your infant peti- tioner and all proper parties, the said S. R. may be at liberty to intermarry with your infant petitioner ; 3. That such further or other order may be made as the nature of this case may require. And your petitioners will ever pray, &c. Note. This petition is intended to be served upon the said S. R., and on {State what other parties, if any). Note: — For other forms of petition in like case, See Tripp, 79 ; And see note to Form 523. MAEBIAGE AND SETTLEMENT THEREON. 523. 523. Concise petition of infant — not a ward— for sanction of a settlement on marriage, under 18 & 19 V. c, 43. In Chancery. {JVame of Judge.) In the matter of A. B., an infant by C. D., her next friend ; And in the matter of the act of parliament (^c, Form 522). To the right honorable (^c, Form 522). The humble petition of the above-named A. B., of (address), spinster, an infant by C. D., of {address and addition), her next friend, Showeth as follows : — 1. E. F., of {address and addition), hath made proposals of marriage to your petitioner, and she hath, with the approbation of her guardian the said C. D. {or as may be), accepted such proposals. 2. Your petitioner is of the age of years or thereabouts, and entitled to certain real and personal property. 3. Your petitioner is desirous, with the sanction of this honorable court, upon or in contemplation of her marriage with the said E. F., to make a valid and binding settlement of her said property. Your petitioner therefore humbly prays, that a proper settle- ment of your petitioner's property, by virtue of or under the said act of parliament, may be sanctioned by this honorable court ; And that your petitioner may be at liberty, upon or in contemplation of her marriage with the said E. F., to execute such settlement accordingly ; Or that such further or other order may be made as the nature of this case may require. And your petitioner will ever pray, Sec. Note : — It is intended to serve this petition on the said E. F., and on {Slate what other parties, if any). Note : — For forms of petition in like ease, See Barry, 357 ; Tripp, 80. As to what Is necessary to constitute an infant a ward of court. See Peachey, 50, n. ; Tripp, 79 n. (r) ; Seton, 727. For orders as to the marriage of infants, with the cases, See Seton, 722-7-32. For orders under the marriage act, 4 G. 4, c. 76, with notes, See Seton, 733 j And for summons to appoint guardian to consent to marriage. See Form .'i07. As to settlements on the marriage of wards of court, and under 18 & 19 V. u. 43, in Morgan, 248-50, and the procedure relating thereto, See Seton, 722-7 ; Barry, 261-5; Peachey, 44 ; 2 L. C. Eq. 594-8 ; 1 Smith, 1149-55; Ayckbourn, 572-4 ; Daniell, 1405; Tripp, 79-80, 141-3, 191 ; W. P. R. P. 63, 272; and the following note. An application for leave for a ward of court to marry is usually made by petition. 523. MAKKIAQE — AND SETTLEMENT THEKEON. See Form 522 j And an application to approve asettlement under 18 & 19 V. c. 43, must be so made, See Form 523 ; The petition in either case is usually adjourned at once to chambers, on being opened in court ; No order is then drawn up ; But the original petition, together -with a note of the adjournment, on a separate paper, signed by the registrar of the day, is left at chambers, and a summons— Form 524 — is taken out to proceed thereon, and is served on the respondents, or their solicitors. On the hearing of such summons, or at an adjourned meeting, the evidence pointed oat by the 20th of the Judges' Regulations, See Appendix B, must be adduced — See Form 525 — and the proposals for the intended settlement be submitted for the Judge's approval j In the case of a ward of court, satisfactory evidence must likewise be produced of the propriety of the intended marriage; The proceeding is then . adjourned for the draft of the settlement to be prepared and left at chambers for approval ; When this has been done the chief clerk, at an adjourned meeting, goes through the draft and settles the same, with or without the assistance of the Judge, or of a conveyancing counsel of the court, and a recital — Form 528 — of the order after mentioned is inserted in the draft ; In the case of a female ward provision mast be made for her children by a future marriage, See Rudge v. Winnall, 1 1 Beav. 98 ; And it seems the practice to provide for such children in settlements of the property of female infants not wards ; For such provision. See Form 527. When the draft has been finally approved it is engrossed ; An affidavit - See Form 375 — verifying such engrossment is made and filed; A memorandum of approval — See Form 377 — is written in the margin of the engrossment; And the engrossment, and draft, and an office copy of the affidavit, are left at chambers for inspection ; If satisfactory, the chief clerk signs the memorandum, and indorses on the original petition a minute — Forms 529 and 530— of an order approving the settlement, and, in the case of a ward of court, approving the marriage ; From this minute the registrar draws up a formal order, which is completed in the ordinary way. See note to Form 22. The parties then execute the settlement, and are at liberty to intermarry, but ■ subject, in the case of a ward of court, to a certificate being first made by the chief clerk of the execution of the settlement; This certificate — See Form 451 — will be prepared at chambers, and completed without delay, upon a certified copy — Form 118 — being left there of the order above mentioned, together with the settlement, and an office copy of an affidavit — See Form 450 — of the execution of the settlement by the parties named for that purpose in the order. The foregoing is an outline of the usual course of procedure, but in Re Tales, 7 W. R. 711 — a ward of court case — two petitions seem to have been considered proper. For a precedent of proposals for a settlement to be made, with the sanction of the court, on the mai'riage of award of court, See 3 Davidson, 762; And see Smith Prac. Conv. 194. As to; the definition and, classification of settlements— and frame of settlements of personal estate, and of real estate, See 3 Davidson, 1-532. For precedents of settlements, See 3 Davidson, 533-1196 ; And for settlements, with the sanction of the court, on marriage, Id., 727, 747, 754, 1062 ; Peachey, 790-810. MAREIASE — AND SETTLKMENT THEREON. 524-525. As to: the restriction upon the general"' elipacity to make settlements — and the validity of settlements of real and personal estate when made hy infants, See Peachey, 24-53-5. As to settling property to the wife's separate use, See note to Form 468. As to: contracts concerning marriage — the marriage contract — and the rights and liahilities resulting from actual and reputed marriages. See Add. Cont. 740-55-9-84. For the cases to 1858 as to : testamentary gifts prohibiting or tending to a pro- hibition of marriage — conditions precedent and subsequent with respect to marriage — ^limitations until marriage as distinguished from conditions — consent to marriage^ contracts in restraint of marriage, or in fraud of the marriage contract — and as to conditions annexed to gifts, for the purpose of effecting the separation of husband and wife, See 2 L. C. Eq. 178-205, 945-7. As to : divorce and other proceedings putting an end to the marriage— judicial separation— restitution of conjugal rights — jactitation of marriage — and the remedy for breach of promise of marriage, See 5 PetersdorfF, 443-61. As to the effect on a marriage settlement of the dissolation of the marriage. See Wells V. Malbon, 8 Jur. n. s. 249 ; Jessop v. Blake, Id., 537 ; Bond v. Taylor, Id., 1090 ; Chapman v. Bradley, 2 N. R. 477. 524. STunmons to proceed on petition, adjourned to chambers. {Commence as in Form 7), on the hearing of an application on the part of the petitioner A. B., to proceed on her petition presented on the day of , 186 — , and adjourned for consideration in chambers. Dated (^c, Form 7). Note . — See note to Form 523. 525. Sketch of affidavit in support, under 20 Judges' Reg. ( Title as in petition.) We, C. D., of {address and addition), and G. F., of {address and addition), severally make oath and say ; And first I the said C. D. for myself say, as follows: — Age of infant : — 1. The infant A. B. named in the title of this affi- davit is the same person as the A. daughter of W. and C. B., named in the paper writing now produced and shown to me and marked A. {exhibit certificate of infant's birth, or baptism) purporting to be an extract from the register book of births [Or, baptisms] kept in and for {describe it from the exhibit), as I know from {State means of knowledge, as, having been present at the birth [Or, baptism] of the said A. B. at the time and place in the said paper writing mentioned) State whether the infant has any parents or guardians, as :— 2. The said W. B. and C. his wife, the parents of the said infant, are both T 525. MARRIAGE — ^AND SETTLEMENT THEEEON. dead, as I know from, ^c. ; And the said infant has no testamentary- guardian, and no guardian appointed by this honorable court, as I know from, ^c. State with whom, or under whose care, the infant is living, and — if the infant has no parents, or guardians — what near relations the infant has, as : — 3. The said infant is now living with her paternal uncle N. B. at (state where), as I know from, S^c; The only near relations of the said infant are : on the paternal side, her grandmother L. B., of {address) widow, and her uncle, the said N. B.; and on the maternal side, her uncle Gr. H., of (address and addition), and her aunt M. S., the wife of R. S., of (address and addition), as I know from, ^c. State the rank and position in life of the infant and parents, as : — 4. The said W. B., the infant's father, was at the time of his death a solicitor of this court, and in good practice ; and the said infant has been weU educated, and brought up as a lady, as I know from, S^c. State what the infants property and fortune consist of, as : — 5. The property and fortune of the said infant consist exclusively of the sum of £2000 bank SI. per cent, annuities, to which she is absolutely entitled, under her said father's will; and of a freehold farm house and lands, containing in all 100 acres, situate at , let to S. J. at the yearly rent of £150, and to which the said infant will be entitled in fee simple, under the marriage settlement of her father and mother, on the day she attains the age of 21 years or marries, as I know from, ^c. State the age, rank, and position in life of the person to whom the infant is about to be married, as : — And I the said G. F. for myself say as follows: — 6. My son E.F., the person who has made proposals of marriage to the above-named infant A. B., is of the age of years, as I know from (State means of knowledge, as, having been present at his birth); He is by profession a civil engineer, and has practised as such on his own account for years last past, as I know, ^c. State what property, fortune, and income such person has, as: 7. The property and fortune of the said E. F. consist of the sum of £3,000 reduced annuities, to which he is entitled in reversion expectant on my death, under the trusts of my marriage settlement ; and of a policy of assurance for £1,000 in the office, on his own life, subject to the payment of the annual premium of £ ; and the income of the said E. F. IS derived exclusively from his said profession, and on an average of the last years has been £ a-year, clear of all deductions, as I know from, Sfc. Show the fitness of the proposed trustees, and their consent to act, as: —8. For years and upwards now last I have known and been well acquainted with L. M., of (address), and N. O., of (address), the persons proposed as trustees of the settlement to be executed, with the sanction of this court, on the marriage of the said A. B. and E. F.; The said MARRIAGE — AND SETTLEMENT THEREON. 526-527. L. M. is a , and the said N. O. is a (State their respective rank,professian, trade, or busitiess—and facts to show their fitness for the office of trustee); The names or signatures " " and " " respectively set and subscribed to the paper writing now produced and shown to me marked B., purporting to be the consent of the said L. M. and N. O. to act as such trustees as aforesaid, are of the respective proper handswriting of the said L. M. and N. O., as I know from {State means of knowledge, as: having seen them respectively write the same on the day of ). Sworn {SfC, Form 16). Note : — As to the requisites of this affidavit, See 20 Judges' Reg., in Appendix B. ; And see note to Form 523. 526. Consent to act of proposed trustees. ( Title as in petition.) We, L. M., of (address and addition), and N. O., of (address and addition), do hereby signify our consent to act as trustees of the settle- ment proposed to be executed, with the sanction arid approval of this honorable court, on the marriage of the above-named infant A. B. with E. F. Dated this day of , 186—. L. M. Witness to the signatures of 1 N. O. the said L. M. and N. 0. ]' G. R, of (address and addition). Note : — See Form 525 ; And note to Form 523. 527. Clauses for insertion in the marriage settlement of a female infant, to enable her to provide for a future marriage. Provided always, and it is hereby further agreed and declared, that if the said A. B. (now intended husband) shall die in the lifetime of the said C. D. (now intended wife), it shall be lawful for the said C. D. — at any time or times after the decease of the said A. B., and whether she shall be married or single, and though under age — by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by her sealed and delivered in the presence of, and to be attested by, two or more witnesses, or by her last will and testament in writing, or any codicil or codicils thereto, or any writing or writings in the nature of, or purporting to be, a will or codicil, made and executed in the manner required by law — to direct or appoint, that — if there shall not be more than one child of the said intended marriage with the said A. B. who, being a son, shall live to attain the age of twenty-one years, or being a daughter shall attain or Y 2 527. MAERIAGE ^AND SETTLEMENT THEREON. shall marry before attaining, that age, then the interest, dividends, and annual produce of any part or parts, not exceeding in amount or value one half part, of the trust monies, stocks and securities hereinbefore settled by the said C. D., and the monies to arise and be produced by the calling in or conversion into money of the same, and the stocks, funds and securities in or upon which the same shall have been laid out or invested, and respectively hereinafter referred to as " the said trust funds," and if there shall be two such children and no more, then the interest, dividends, and annual produce of any part or parts, not ex- ceeding in amount or value one third, of the said trust funds — shall be paid, after the decease of the said C. D., to any husband whom she may marry after the decease of the said A. B., and who may survive her, for the life of such husband or any less period ; And by the same, or any other deed or deeds, or instrument or instru- ments in writing, with or without power of revocation and new appointment, to be executed and attested as aforesaid, or by her last will and testament in writing, or any codicil or codicils thereto, or any writing or writings in the nature of, or purporting to be, a will or codicil, to be executed as aforesaid, to direct or appoint, that — if there shall not be moi'e than one child of the said intended marriage who being a son shall, live to attain the age of twenty-one years, or being a daughter shall attain, or shall marry before attaining, that age, then any part or parts, not exceeding in amount or value one half part, of the said trust funds, and if there shall be two such children and no more, then any part or parts, not exceeding in amount or value one third part, of the said trust funds (but subject as to the interest, divi- dends, and annual produce thereof, or any part or share, or parts or shares, thereof respectively, to any such appointment or appointments as may be made by the said C. D. for the benefit of any husband whom she may marry after the decease of the said A. B., in exoneration, as far as the same shall from time to time extend, of the other part or share or parts or shares (if any) of and in the said trust funds) — shall be paid, transferred and assigned, after the decease of the said C. D., to any person or persons in trust for all and every, or such one or more exclusively of the other or others, of the child or children of the said C. D. by any sucdi after-taken husband or husbands, on or at such age, day, or time, or respective ages, days or times, and, if more than one, in such shares or proportions, and with such provisions for their respective maintenance, and education, and advancement, and with such annual sums of money and limitations over for the benefit of some or one of such last-mentioned children, and with such trusts and directions as to the investment of trust monies, and the variation of securities, and upon such conditions, with such restrictions, and in such manner and foi'm, as she the said C. D. shall think proper, anything hereinbefore contained to the contrary tliereof in anywise notwithstanding. Provided also, and it is hereby further agreed and declared, that any such direction or appointment, or directions or appointments, as afore- MAKKIASE — AND SETTLEMENT THEKEON. 528-529. said may be made or executed by the said C. D., under either of the aforesaid powers enabling her in that behalf, either before or after the event on which the same respectively is or are to take effect shall be ascertained. Provided also that — subject and without prejudice to any direction or appointment, or directions or appointments, which may be made by the said C. D. in favor of any such after-taken husband as aforesaid, or of any child or children of her the said C. D. by any such after-taken husband or husbands as aforesaid, under or by virtue of the powers hereinbefore in that behalf contained — the trust funds of which any such direction or appointment, or directions or appointments, shall be made as aforesaid, shall remain and be held upon and for such of the trusts, intents and purposes, and with, under and subject to such of the powers, provisoes, agreements, and declarations, herein declared, ex- pressed, and contained of and concerning the same, as shall be subsisting or capable of taking effect. Provided also, and it is hereby further agreed and declared, that no child or children of the said C. D. by any such subsequent marriage or marriages as aforesaid shall be entitled to take a larger share in amount or value of the said trust funds hereby settled, under any such appointment as last aforesaid, than the amount or value of the share or shares to which such child or children respectively would have been entitled if there had been an equal distribution per capita of the said trust funds hereby settled between such child or children, and the child or children of the said C. D. by the said A. B. Note : — For affidavit verifying engrossment of the settlement, See Form 375, For memorandum of approval, See Form 377. And see note to Form 523. 528. Recital in the settlement of order approving same. And whereas by an order of the high court of chancery bearing date the day of , 186 — , and made by his honor the Master of the EoUs [Oj-, Vice-Chancellor ] in the matter of (as in order), after premising that the said Judge was of opinion that {recite order in past tense, See Forms 529 and 530). Note : — See note to Form 523. 529. Minute of order on petition — where infant a ward of court. Master of the Rolls [Or, Vice-Chancellor - at chambers. Appeared : Mr. A. for the petitioner. Mr. B. for E, F., in the petition named. Read : The within petition ; affidavit of C. D. and G. F., filed • >lls 1 ■ ]. [ ' 186-. 530. MAKEIAGE — ^AKD SETTLEMENT THEKEON. 186 — , and the exhibit marked A thereto, whereby it appears the petitioner A. B. is of the age of years and upwards, and the exhibit marked B. thereto, being the consent of L. M. and N. O., hereinafter named, to act as trustees; and the affidavit of N. B., filed , 186 — , and the exhibits marked C. and D. thereto {draft and engross- ment of settlement) ; And the Judge being of opinion that the proposed marriage betwfeen the said E. F. and the infant A. B. is a fit and proper marriage for the said infant, and that the settlement proposed to be effected by the indenture hereinafter mentioned is a proper settlement to be made upon or in contemplation of such marriage, and that the indenture marked C. intended to be made between {iState parties, as indeed), and identified by the signature of the chief clerk of the said Judge in the margin of the engrossment thereof, is a proper indenture for giving effect to such settlement, {If made under 18 ^ 19 V. c. 43, say, doth, pursuant to the said act of parliament, sanction and approve of the same, and) doth order that the petitioner, A. B., be at liberty, upon or in contemplation of her marriage with the said E. F., to execute the said indenture accordingly ; Order also made, that upon the execution of such indenture by the said E. F. and A. B., and by {State whom else), such execution to be certified by the chief clerk, the said E. F. and A. B. be at liberty to intermarry. X. Y., Chief Clerk. Note: — See note to Form 523; And see Seton, 724. 530. Minute of order on petition— where infant is not a ward. {State date — appearances — and evidence, as in Form 529.) And the Judge being of opinion that the settlement proposed to be effected by the indenture hereinafter mentioned is a proper settlement to be made, upon or in contemplation of the intended marriage of the infant A. B. with the said E. F., of the property of the said infant comprised therein, and that the indenture, marked C, intended (Src, Form 529), is a proper indenture for giving effect to such settlement, doth, pursuant to the said act of parliament, sanction and approve of the same ; And doth order that the petitioner A. B. be at liberty, upon or in contemplation of her marriage with the said E. F., to execute the said indenture accordingly. X. Y., Chief Clerk. Note : — See note to Form 523 ; And see Seton, 723. PAET XYIII. PEOCEEDINGS UNDER PAETICULAE STATUTES. INTRODUCTION. By numerous statutes, public and private, the Court, and in some instances a Judge at chambers, have been invested with jurisdiction to deal with a variety of matters in a summary way, without resort to the procedure by bill ; The mode by which this jurisdiction is to be called into action is ordinarily prescribed by the statute conferring it, or by a general order made thereunder, and is usually a petition or motion, or a summons in chambers ; The ordinary jurisdiction of the court can only be excluded by express enactment. The principal of the public acts above referred to, and the mode of application thereunder, are noticed in appendix D. The private statutes conferring a jurisdiction are very numerous, and consist, mainly, of acts authorising the formation of railway, canal, and other public works, and placing under the administration either of this court or of the equity exchequer — the jurisdiction of which was transferred to this court by 5 V. c. 5 — the purchase-money or compen- sation payable in respect of land taken for the purpose of the under- taking from persons having only limited interests therein, or prevented from treating, or not making a title. Prior to the lands clauses act, S V. c. 18, statutes of the above description usually contained special provisions for the application by the Court of money or compensation arising in the way just explained; But that act dispensed with the necessity for so doing in future, by directing that it should be incor- porated with the " special act," and that the two should be construed together as one act (save where expressly varied or excepted by the special act, or inapplicable to the particular undertaking) — thereby introducing, by reference, into the special act, a set of general clauses contained in the lands clauses act, of which the 69th and succeeding sections confer large administrative powers on the Court ; A great number of acts since passed, by incorporating the lands clauses act in whole or in part, have in this manner conferred on the Court a jurisdiction to deal with a vast amount of property; Such of these acts as are printed among the public general statutes are noticed in appendix E. PROCEEDINGS UNDER PARTICULAR STATUTES. By the 16th section of 18 & 19 V. c. 134, after premising that by- divers acts of parliament the court was empowered to make orders in respect of the disposition of trust funds, and other matters under its jurisdiction, upon petition presented or motion made in a summary way, without bill, but that such orders could not be made in respect of the same matters upon application at chambers, it was enacted, that the business to be disposed of by the Master of the EoUs and the Vice- Chancellor respectively while sitting at chambers should comprise such of the matters in respect of which the court was so empowered to make orders in a summary way as the Lord Chancellor, with the advice and assistance of tlie said Judges, or of any two of them, should by any general order direct. The authority thus conferred on the Lord Chancellor was exercised by the general order of 12th Nov. 1856 — now the 35 C. O. r, 1, arts. 2-5, in appendix A. — which has given a limited jurisdiction at chambers in cases arising under the legacy duty, trustee relief, and trustee acts, and ss. 12, 16, 17 of the 1. W. 4, c. 65. It is considered that in other cases a Judge at chambers has no original jurisdiction under the statutory authorities of the court of chancery, save where such jurisdiction has been expressly conferred on a Judge at chambers, either by the statute itself, or a general order made in pursuance thereof; See on this point Ee Clarke's Devisees, 6 W. E. 812; See however Ee Hargrave, 23 L. T. 139. With respect to every original application under the statutory juris- diction, it may be stated generally that the petition, notice of motion, or summons, as the case may be, must be marked for either the Master of the Eolls or a Vice-Chancellor, at the option of the applicant, and, with all affidavits and other proceedings thereunder, must be intituled in the matter of the act, and in a substantial matter also, and must set forth the name, address, and addition of the applicant; Applications under private estate acts may however be intituled in the act alone ; There are several rules of court on these and other points of procedure in statutory cases, See the 6 C. O. r. 6, 34 C. O., 41 C. O. rr. 1, 8-10, 14-15, Gen. Ord. 20 Mar. 1860, r. 1, in Morgan, 367, 521-5, 575, 7-8, 682 ; And see Lord Lyndhur^t's directions as to the titles of petitions, 2 Smith, 229 ; Where the property sought to be affected forms the sub- ject-matter of a suit, and the jurisdiction is conferred by statute, the application should be intituled both in the cause and under the act. See Daniell, 1331. Under this summary jurisdiction a considerable amount of business is transacted at chambers, either from its origin or by delegation from the court ; So far as this business arises under the statutes relating to public works it consists in the main of the investigation of the title to, and settlement of the conveyances of, estates approved by the court as investments, and the procedure relating thereto will be found explained in the note to Form 438 ; Other phases of the statutory business at chambers will be noticed in the following pages. 531. I. UNDER THE CHARITABLE TRUSTS ACTS. 531. Certificate verifying copy of charity commissioners' order to proceed. I certify the foregoing to be a true copy of the order or certificate of the board of charity commissioners. A. B. Solicitor [O?-, agent] for C. D. and E. F., therein named. Note: — For an abstract of Sir Samuel Romilly's act, 52 G. 3, c. 101, and of the charitable trusts acts— 1853, 16 & 17 V. c. 137: 1855, 18 & 19 V. c. 124: and 1860, 23 & 24 V. e. 136— See Seton, 353-7, 787-90 ; And see 41 C. O. rr. 10-13, in Morgan, 577-8. The 23 & 24 V. c. 136, and the 25 & 26 V. c. 112, establishing the jurisdiction of the charity commissioners to deal with certain powers and authorities conferred by private acts and decrees, have considerably diminished the class of matters relating to charities over which the jurisdiction conferred by the acts of 1853 and 1855 is required to be exercised in chambers. For a list of recent enabling statutes, See Seton, 357. For a collection of orders as to charity gifts and as to administering charity, See Seton, 329-33-^2 ; And see note to Form 534. For the cases on: the validity of charitable gifts — apportioning charges — general jurisdiction of the court in charity matters — scheme for charity — account of charity estate and setting aside leases— appointing or removing trustees— and costs of the attorney-general and relator. See Seton, 338-40-1, 351-3, 358-63, 787-90. And see Lewin, 365-79, 713-5-6 ; Haddan, 143-200 ; L. C. Conv. 422-47, 8 12-5 j Barry, 37-52, 316; Smith Pis. 767 ; Daniell, 1334-42 ; Ayckbourn, 539-51 j Wood- fall, 37-9; W. P. R. P. 64-9 ; Sugd. Stat. 433; Sugd. Pow. 891-2 ; Sugd. V. & P. 177, 485, 774. The 16 & 17 v. c. 137, s. 17, provides in effect that no suit, petition, or other proceeding — not being an application in any suit or matter actually pending, or a proceeding by a person claiming adversely to the charity, or by the attorney-general, ex officio — for obtaining any relief, order, or direction concerning any charity, or the property thereof, shall be entertained or proceeded with by the court of chancery, except upon, and in conformity with, an order or certificate of the charity commis- sioners, signed by their secretary, authorising the same ; For regulations and instruc- tions as to applications to the commissioners. See Tudor, 511. When such order or certificate has been obtained, the applicant leaves a certified copy thereof — Form 531 — at the chambers of the Judge selected by the order, or if none be selected, then at the chambers of the Master of the Rolls, or one of the Vice- Chancellors, at the applicant's option, and prepares and issues there, in duplicate, an 532-533. TJNDEE THE CHARITABLE TKITSTS ACTS. original summons — Form 532 — to proceed thereon, files the duplicate at the record and writ clerks' office, and prepares, and issues there, copies for service on the neces- sary parties, and serves the same ; On the return of this summons, or at an adjourn- ment thereof, evidence is adduced in support of the application ; If the object is to get trustees appointed, there must be evidence^See Form 219 — of the fitness of such of them as are not to he appointed ex officio ; and the written consent to act— Form 533 — of all the trustees must be produced and proved by affidavit, See Form 221 ; If a scheme is directed, the applicant prepares the draft thereof, and submits the same to the attorney-general's solicitors, and discusses with them any points in difference ; A fair copy of the scheme, showing in red or blue ink such matters as are reserved for debate in chambers, is then left at chambers by the applicant's solicitor, and an appointment is obtained and served to proceed thereon ; At such appointment the draft scheme is gone through and settled by the chief clerk, with or without the assistance of the Judge ; And a fair copy as finally settled is afterwards lodged at chambers for the Judge's perusal and signature ; When signed by the Judge, the scheme is filed at the report office, and an office copy thereof is obtained therefrom by the applicant's solicitor, and is afterwards usually printed ; Sometimes, however, the scheme, instead of being so filed, is appended, by way of schedule, to the order approving it ; but this course is unusual. When the proposed trustees have been approved, the scheme has been filed, or other proceeding has been brought to a conclusion, the chief clerk issues a minute — See Form 534 — of the order thereon ; And such minute is transmitted to the registrar, and he draws up therefrom a formal order, which is afterwards passed and entered; See note to Form 22. 532. Siuumous to proceed. In Chancery. In the matter of the ( Continue as in heading of the commii- sioners' order, and add) And of the charitable trusts acts, 1853, 1855, and 1860 (And add, where applicable,) And of the trustee act 1850, and the act of parliament, 15th & 16th Victoria, c. 55. {Commence as in Form 5), on the hearing of an application on the part of C. D., of, S^c, and E. F., of, S^c., in the order, or certificate, dated the day of , 186 — , of the board of charity commissioners for england and wales respectively named, that (State the precise object of the application, as nearly as may be in the language of the order). Dated (SfC, conclude as in Form 5). Note: — See note to Form 531. 533. Consent of proposed trustees to act. In Chancery. ( Title as in summons. ) We, the undersigned G. H., of (^c, insert names, addresses, and additions of the proposed trustees), do hereby signify our consent to UNDER THE CHAKITABLE TEUSTS ACTS. 534. accept the.oflace of trustees of the above-mentioned charity. Dated this day of — ;;:7-, 186 — (^Signatures.') Witness to the signatures of "1 the above-named G. H., ^c. J M. N., of {address and addition). Note: — See note to Form 531, 534. Minute of order approving scheme, and appointing trustees, &c. Master of the Rolls [Or,"! Vice-Chancellor ], |- , 186 — . at chambers. J Re the charity. Appeared : Mr. B. for the applicants. Messrs. R. & B. for the attorney-general. Read : Order or certificate of the board of charity commissioners, dated the , 186 — ; An affidavit of A. B., filed the 186— ; And an affidavit of C. D., filed the 186 — , and the exhibit E. thereto, being the consent of G-. H. and J. L., hereinafter named, to act as trustees of the said charity. Order made that the scheme dated the , 186—, which has been approved and signed by the Judge, and filed in the report office of this court [ Or, the scheme set forth in tlie schedule hereto], be the scheme for the future regulation and administration of the above-mentioned charity, and the estates, funds, and other property thereof, and for the application of the income thereof {or as may he. See Seton, 347). And the Judge appoints G. H. and J. L., in the said scheme named, trustees of the said charity \_0r, G. H., of, S^c, and J. L., of, ^c, trustees of the {state title) charity], in substitution for L. M., and N. O., the deceased trustees, and in addition to P. R., and S. T., the surviving trustees {or as may be, See Seton, 783). And order made that the costs, as between solicitor and client [Or, that the costs, charges, and expenses properly incurred], of the appli- cants (and of the attorney-general, Sfc), of and relating to this application, be taxed by the taxing-master ; And that the trustees of the said charity be at liberty to retain and pay the same, when so taxed, out of the income of the said charity {or as may he, See Seton, 786). X. Y., Chief Clerk. Note: — For a variety of forms of orders under the charitable trusts acts, as to: vesting land, or term or estate therein— direction as to deeds— transfer of stock, or 535. ACCOUNT OF DEBTS AND LIABILITIES. deposit of securities — receipt of dividends — payment of principal money — and costs. See Seton, 783-7. And see note to Form 531. ir. UNDER 13 & 14 V. c. 35, ss. 19-25, and 23 & 24 V. c. 38, s. 14- ACCOUNT OF DEBTS AND LIABILITIES. 535. Summons to take an account of debts and liabilities. In Chancery. In the matter of the estate of A. B., late of {address and addition), deceased. Let (Sfc, as in Form 5), on the hearing of an application on the part of C. D., of {address and addition), the executor of the will [ Or, administrator of the personal estate] of the above-named A. B., that an account may be taken of the debts and liabilities affecting the per- sonal estate of the said A. B.; And that in taking such account, debts may be distinguished from liabilities, and liabilities certain from liabilities contingent ; And that the personal estate of the said A. B. may be applied in payment and satisfaction of such debts and liabilities, in a due course of administration. Dated {Sfc, Conclude as in Form 7). Note: — For the order, See Seton, 147; And for certificate verifying copy — ^note of solicitors' names — and summons to proceed, sec Forms 118-20. By the united effect of the 13 & 14 V. c 35, ss. 19-25, and 23 & 24 V. c. 38, ». 14, in Mrrgan, 117-22, 303, an account of the debts and liabilities of a deceased person may now be directed, on the exparte application of the executor or administrator, by motion or petition of course, or by original summons — Form 535 — at any time after probate or administration has been granted, if no proceedings are pending to administer the estate ; And if an order to administer be afterwards made, the court may stay or suspend the proceedings under these acts ; After an order to take the account has been made, the court or Judge may, by motion or summons, restrain proceedings at law by creditors, pending such account ; The Judge is also empowered to direct his chief clerk to certify the particulars only of any debts or claims brought in, without any adjudication thereon ; And notices to creditors are to have the same effect as notices under 22 & 23 V. c. 35, s. 29, in Morgan, 290 ; For a notice under the latter act. See Form 540. As to the object of, and procedure under, the above acts. See Seton, 147-9 ; Haddan, 44-5, 50-3; Ayckbourn, 526-32; 1, Smith 819,1104; Lewin, 268-9; Sugd. Stat. 321. The procedure in taking au account of debts and liabilities is the same as the ACCOUNT OF DEBTS AND LIABILITIES. 536 course pursued in taking an account of debts under a decree (as to which See Forms 162-77, 185-9), subject to the following observations. It seems to be the intention of s. 14 of 23 & 24 V. c. 38 to supplement s. 29 of 22 8c 23 V. c. 35, by enabling the personal representative to avail himself, at a trifling expense, of the machinery of the Judge's chambers in advertising for credi- tors, as prescribed by the latter act, before distributing the assets of his testator or intestate — in obtaining an adjudication by the Judge on such of the claims made against the estate as he disputes — and in recording, through the medium of the chief clerk's certificate, the claims made before the assets were parted with. Under the ordinary form of advertisement— Form 537 — issued in cases within the 13 & 14 V. >;. 35, s. 19— See schedule L. to the C. O., in Morgan, 625, and the 35 C. O., rr. 35-8, in Appendix A — every claimant coming in pursuant to the advertisement is required to prove Ms claim, as of course, on pain of being excluded from the benefit of the or4er directing the account j and the costs of such proof are added to his debt ; But in many cases the personal representative is satisfied of the validity of all or some of the claims of which he has received notice, and does not require formal proof thereof to be adduced ; Since the amended act, 23 & 24 V. c. 38, s. 14, it is apprehended the Judge at chambers has power, on the application of the personal representative, to modify the usual advertisement, by directing the claimants to send the particulars only of their claims in the first instance to the applicant's solicitor, abstaining from formal proof thereof till required by express notice ; For suggested forms of such advertisement and notice, See Forms 538-9 ; Doubts have, however, arisen whether a general order is not necessary to sanction this departure from the ordinary practice. A course analogous to that above suggested is sanctioned in proceedings under the companies act 1862, by the general order of 25 Nov. 1862, r. 24, and Form 20 appended thereto. 536. Affidavit in support of application. {Full title.^ I, C. D., of {address and addition), make oath and say, as follows : — 1. A. B., in the title of this affidavit named, died on or about the day of , 186 — , as I know from {State means of knowledge). 2. Show that the deponent is the executor or administrator, as : — The said A. B., by his last will dated the day of , 186 — , appointed me the sole executor thereof ; And on the day of , I proved such will in the principal registry of \^0r, district registry of , attached to] Her Majesty's court of probate {or as may he) — Or, On the day of , letters of administration {If so, with the will of the said A. B. annexed) of the personal estate and effects of the said A. B., were granted to me by the principal registry, Sfc. {as above). 3. No proceedings are pending to administer the personal estate of the said A. B., to my knowledge, information, or belief. Sworn {Si'C, Form 16). Note : — See Form 15 ; And note to Form 535. 537-539. AccoiTNT of debts and liabilities. 537. Advertisemeat for elaimants — ordinary form. Pursuant to an order of the high court of chancery made in the matter of the estate of A. B., late of {address and addition), deceased, persons claiming debts or liabilities affecting the personal estate of the said A. B., who died in or about the month of , 186 — , are by their solicitors, on or before the day of , 186 — , to come in and prove their claims at the chambers of the Master of the Rolls in the rolls yard, chancery lane, middlesex [ Or, of the Vice-Chancellor , at No. 3 stone buildings, S^c, See Form 7], or in default thereof they will be peremptorily excluded from the benefit of the said order. (Monday) the day of , 186 — , at o'clock in the noon, at the said chambers, is appointed for hearing and adjudicating upon the claims. Dated this day of , 186 — X.T., Chief Clerk. Let (4-c., Form 161). Note : — See note to Form 535. 538. Suggested form of advertisement, where particulars only of the claims are required in the first instance. Pursuant {Sfc, Continue as in Form 537 to the month of 186 — ), are required to enter their names and addresses, and the par- ticulars of their debts or claims, on or before the day of , 186 — , in the 'Claims book' at the chambers of the Master of the Rolls, in the rolls yard (^c, as in Form 537), but without making any affidavit in support thereof, and give notice thereof to Messrs G. & H., of {address), the solicitors concerned in the said matter; And if so required by notice in writing from the said Messrs. G. & H., the claimants making such entries are, by their solicitors, to come in and prove their claims at the chambers aforesaid, at such time as shall be specified in such notice, or in default thereof they will be peremptorily excluded from the benefit of the said order. Dated this day of , 186 — Let (^c., Farm 161). Note : — See note to Form 535. X. T., Chief Clerk. 539. Notice to claimants to prove their claims. In Chancery. {Title as in order.) You are hereby required to come in and prove the claim made by you against the estate of the above-named A. B., in this matter, by ACCOUNT or DEBTS AND LIABILITIES. 540. filing your affidavit, and giving notice thereof to me, on or before the day of , 186 — ; And you are to attend, by your solicitor, at the chambers of the Master of the Rolls, in the rolls yard {S^c, Form 7), on , the day of ,186 — , at o'clock in the noon, being the time appointed for hearing and adjudicating upon such claim. Dated this day of , 186—. G. & H., of (address), Solicitors [ Or, agents] for C. D. in this matter. To Mr. B. N. Note : — See note to Form 535, 540. Notice to creditors tinder 22 & 23 V. c. 35, s. 29. A. B., deceased. Statutory notice to creditors. Pursuant to the act of parliament, 22nd and 23rd Victoria, chapter 35, section 29, notice is hereby given that the creditors of A. B., late of (address and addition), who died on or about the day of , 186 — , and whose will was proved by [Or, and letters of administration of whose personal estate were granted to] C. D., of (address and addition), in (by) the principal registry of Her Majesty's court of probate (or as may be), on the day of , 186 — , and all other persons having any claim or demand against the estate of the said A. B., are to send the particulars in writing of their claims or demands to the said C. D., the executor, at his residence situate (state where), [^Or, to the said C. D., the executor, at the office of his solicitors, Messrs. G. & H., situate (state where,)"] on or before the day of , 186 — , on the expiration of which time the said executor will distribute the assets of the said A. B. among the parties entitled thereto, having regard to the claims of which the said executor shall then have had notice, and will not be liable for the assets so distributed to any person of whose debt or claim the said executor shall not then have had notice (Add, if desired,) And all debtors to the estate of the said A. B. are requested to pay the sums due from them to the said executor at his residence aforesaid [Or, at the office aforesaid of his said solicitors]. Dated this day of , 186 — G. & H., of (address), Solicitors for the said C. D. Note :— See note to Form 535. 541-543. III. UNDER THE COMPANIES ACT, 1862. 541. Summons for inspection of register of members. In Chancery. In the matter of the companies act, 1862, and of the company. Let (^c, as in Form 5), on the hearing of an application on the part of A. B., of (address, and occupation, if any, or addition) — If so, a, member of the above-named company — that, pursuant to the compa- nies act, 1862, section 32, the above-named company may be ordered, on or before the day of , 186 — , or within days after service on their clerk or secretary of the order to be made hereon, to produce to the applicant, for inspection, at the registered office of the said company, situate at , between the hours of and in the noon, the register of members of the said company ; And that the said company may be ordered to pay to the applicant his costs of this application. Dated (^c, Conclude as in Form 5). NoTK: — It is presumed that the applications authorised hy ss. 32, 35, 43, of the companies act 1862, 25 & 26 V. c. 89, to be made to a "Judge sitting in chambers," must be so made \>y original summons. 542. Summons to rectify register of members. (^Commence as in Form 541, to hereon, substituting 35 for 32), to rectify the register of members of the said company, by {State the recti- fication required); And that the said company may be ordered to pay to the applicant his costs of this application. Dated (^c, Conclude as in Form 5). Note: — See note to Form 541. 543. Summons for inspection of register of mortgages. ( Title as in Form 541.) Let {Sfc, Form 5), on the hearing of an application on the part of A. B., of {address and addition), a creditor [^Or, member] of the above-named company (limited), that, pursuant to the companies act, 1862, section 43, the said company may be ordered (^-c, as in Form 541, to noon), the register of mortgages of the said company; And that the said company may be ordered to pay to the applicant his costs of this application. Dated {8fc., Conclude as in Form 5). Note ; — See note to Form 541 . DNDER THE COMPANIES ACT, 1862. 544. 544. Summons to proceed with winding-up of company. (^Title as in winding-up order.) Let (4-0;, Form 7), on the hearing of an application on the part of A. B., in the order dated the day of , 186 — , named, to proceed [Or, further to proceed] with the winding-up of the above- named company under the said order. Dated (^c. Form 1). Note: — See Gen. Ord. 11 Nov. 1862, r. 7. For certificate verifying copy order — and note of solicitors' names. See Forms 118-9. For summons to appoint a provisional official liquidator. See Form 545. For certificate of oflBicial liquidator having given security, See Form 394. For summons to proceed on an official liquidator's account — affidavit verifying the account — and certificate of allowance. See Forms 401-3. For affidavits in proof of debts. See Gen. Ord. 11 Nov. 1862, r. 24, 3rd schedule, 21, and ante. Forms 166-T6. For forms of proceedings where a sale of the company's property is directed to be made, under r. 32, in like manner as under a decree in a suit. See ante, Part xii. Of the other forms of proceedings in chambers under a winding-up order an ample collection will be found in the 3rd schedule to the Gen. Order of 11 Nov. 1862. As to the winding up of companies and associations under the companies act, 1862, See the act: ss. 74-8, preliminary — ss. 79-91, winding up by court — ss. 92-7, official liquidators — ss. 98-114, ordinary powers of court — ss. 115-9, extraordinary powers of court— ss. 120-8, enforcement of and appeal from orders — ss. 129-46, voluntary wind- ing up of company — ss. 147—152, winding up subject to the supervision of the court.— ss. 153-169, supplemental provisions — ss. 170-3, power of courts to make rules. As to the application of the act to companies registered under the joint stock com- panies acts. See ss. 175-8 ; And to unregistered companies. See ss. 199-204. As to companies authorised to register under the act. See ss. 179-198. For the repeal of acts and temporary provisions. See ss. 205-12. And see the Gen. Ord. 11 Nov. 1862: rr. 1-5, petition to wind up— rr. 6-7, order to wind up — rr. 8-19, official liquidator— rr. 20-8, proof of debts — rr. 29-31, list of contributories— r. 32, sales of property — rr. 33-41, calls — rr. 42-4, delivery out of securities, and payment out and investment of monies — rr. 45-7, meetings of creditors or contributories — rr. 48-50, direction or sanction of Judge — r. 51, application to the court or Judge under ss. 137, 138, 141, 167, and 168 — r. 52, orders— r. 53, advertise- ments r. 54, admission of documents — r. 55, affidavits — r. 56, certificate of chief clerk rr. 57-8, register and file of proceedings — r. 59, provisional official liquidators — rr. 60-2, attendance and appearance of parties — rr. 63-4, service of summonses, notices, &c.— rr. 65-7, termination of winding up— r. 68, duties of solicitor of official liquidator— r. 69, forms- rr. 70-1, fees— r. 72, taxation of costs— 1. 73, power of Judge— r. 74, general directions — r. 75, application of rules — r. 76, commencement of • rules— r. 77, interpretation ; And see : 1st schedule, fees and charges to be allowed to solicitors— 2nd schedule, fees to be collected by stamps— 3rd schedule, forms. 545-546. UNDER THE DEFENCE ACTS 1842, 1860. See also Thring on the companies act ; Lindley, Sup. ; Shelford's joint stock law ; Seton, 1280 ; And the general rules and orders, dated 15 Nov. 1862, for the winding up of mining companies in the court of the vice-warden of the stannaries. 545. Summons to appoint a provisional official liquidator. {Commence as in Form 544 to named), that C. D., of {address and addition — Or, some (other) proper person), may be appointed, pro- visionally, official liquidator of the above-named Company. Dated {Sfc., Form 7). Note: — See Gen. Ord. 11 Nov. 1862, r. 15 ; And for the order, see Id., 3rd schedule, 9. And see note to Form 544. IV. UNDER THE DEFENCE ACTS 1842, 1860, 546. Summons for investment of compensation in stock and payment of income to tenant for life. In Chancery. In the matter of {Continue as in heading of accountant- generaVs certificate of fund in court) ; And in the matter of the defence acts 1842 and 1860. Let {Sfc, Form 5), on the hearing of an application on the part of A. B., of {address and addition), that the costs of the applicant of this application may be taxed by the taxing-master, as between solicitor and client ; And that such costs, when taxed, may be paid out of the £ cash in the bank, to the credit of the first-mentioned matter {or as may be), to Mr. C. D., the applicant's solicitor; And that the residue of such cash may be laid out in the purchase ot bank 31. per cent, annuities {or other stock), in the name of the accountant-general, in trust in the said matter ; And that the interest, during the life of the applicant A. B to accrue on such annuities may be from time to time, as the same shaU furThTr order *° ^*"' *° ^'^ ^^^^^ personal representatives), until Dated {Sfc, Conclude as in Form 5). Note :-For affidavit of service of the summons, See Form 19; And as to service on the secretary of state for the war department, See defence act 1860, s. 45. For affidavit in support. See Form 547. For an abstract of the defence act 1842, 5 & 6 V. c. 94, the defence act 1860, 23 & UNDER THE DEFENCE ACTS 1842, 1860. 547. 24 V. c. 112, aad cognate acts, and cases thereon, and orders thereunder. See Setori, 1091-4. As to the jurisdiction of the court of chancery, See defence act 1842, ss. 25-30; 22 & 23 V. 0. 21, s. 8; and defence act 1860, ss. 20-4; And of the Judge in chambers, See defence act 1860, s. 23. As to the costs consequent upon a payment into court, See defence act 1860, s. 21. For summons to approve of an investment in the purchase of land, or on mortgage, under the defence act 1842, s. 26, and the defence act 1860, s. 20, and forms of pro- ceedings consequent on such approval, See Forms 439-451; And for the mode of procedure in such case. See note to Form 438. As to the evidence required on an application for payment out of court, See 34 C. O. r. 3. 547. Sketch of affidavit in support. ( Title as in Form 546.) We, A. B., of (^address and addition), and C. D., of (address), gentle- man, the solicitor in this matter for the said A. B., severally make oath and say ; And first I the said C. D., for myself say, as follows : — 1. G. B., late of {address and addition), deceased, by his last will, dated the day of , 18 — , devised all his manors, lands, and other hereditaments of freehold tenure, with their appurtenances, unto E. F., and G. H., and their heirs, to the uses following, namely : To the use of his eldest son, the above-named deponent A. B., and his assigns, for his life, without impeachment of waste ; And from and after his decease, to the use of the first and other sons of the said A. B., successively, in tail male ; And in default of such issue, to the use of the said testator's second son, E. B., and his assigns, for his life, with divers remainders over, as I know from {State means of knowledge, as : a perusal of the probate of the said will). 2. The said testator died on the , without having revoked or altered his said will ; and such will was duly proved in the principal registry of Her Majesty's court of probate on the day of , 18 — , by the said E. F., and G. H., the executors therein named, as I know from, ^c. 3. On the death of the said G. B., the said A. B., as the first tenant for life under the said will, entered into possession, or into the receipt of the rents and profits, of the freehold estates of the said testator so devised as aforesaid, as I know from, SfC. 4. On or about the day of , 186 — , Her Majesty's principal secretary of state for the war department, in exercise of the powers vested in him by the defence act 1860, caused a notice to be served on the said A. B., that certain lands therein specified were required to be taken absolutely for the purposes of the said act ; and that certain other z 2 547. tJNDEK THE DEFENCE ACTS 1842, 1860. lands therein specified were required to be kept free from buildings and other obstructions for the like purposes, as I know from, Sjc, 5. The respective lands so required to be taken and to be kept free from buildings and other obstructions, formed, at the date of the said notice, parts of the estates devised as aforesaid, as I know from, ^ c. 6. The said principal secretary of state and the said A. B. being unable to agree as to the amount of compensation to be paid for the estate and interest of the said A. B., or which he was able or empowered by the said act to sell, in the lands so required to be taken, and for the damage to be sustained by reason of the restraints under the said act on the exercise of the right of building and other rights incident to the owner- ship of such lands, and by reason of the execution, under the powers of the said act, of the intended works specified in the said notice, a Jury was duly summoned and returned by the sheriff of the said county of S., under the provisions of the said acts, to settle the amount of the said compensation, and on the day of , 186 — , the said Jury met at , in the said county of (being the time and place mentioned in such summons), and such Jury, after hearing the witnesses and evidence then produced, on their oaths found and settled the compen- sation to be paid as aforesaid at the sum of £ a., as I know from, ^c. 7. On or about the day of , 186 — , the said principal secretary of state paid into the bank of england, with the privity of the accountant-general of this honorable court, to the credit of {Describe from the accountant-general's certificate^, the sum of £ b., being the aforesaid sum of £ a., and the sum of £30 added thereto, under section 21 of the defence act 1860, as an equivalent for the expenses conse- quent upon such payment, and such sum of £ b. is now standing to the said credit, as I know from, ^c. And I the said A. B., for myself say, as follows: — 8. I have perused the foregoing paragraphs of this affidavit, and to the best of my knowledge, information, and belief, the contents of such paragraphs respectively are true in substance and in fact. 9. I am desirous that the sum of £ b., hereinbefore mentioned, may, subject to the payment thereout of the costs of the application, be laid out in the purchase of (bank 3Z. per cent, annuities), and that the dividends or interest to accrue on such annuities during my life may be paid to me, as the tenant for life under the will 6f G. B. hereinbefore named. 10. I am not aware of any right in any other person, or of any claim made by any other person, than myself, to the dividends or interest to accrue during my life, or any portion thereof, on the said annuities so to be purchased, or on any other funds or securities, lands or heredita- ments, on, or in the purchase of which, the said sum of £ , or any part thereof, may be invested. Sworn {SfC, Form 16). Note; — See Form 15 ; And note to Form 546. 548. V. UNDER 22 & 23 V. c. 35, s. 30— JUDICIAL OPINIONS, &c. 548. Summons for judicial opinion, advice, or direction. In Chancery. In the matter of the act of parliament, 22nd 85 23rd Victoria, chapter 35; And in the matter of {Describe the particular trust, will, or administration, as : the trusts of the indenture of settlement, dated the day of- , 186 — , executed on the marriage of A. B.,'and C. D — Or, the will of A. B., late of (address and addition), deceased — Or, the estate of A. B., late of, S^c., de- ceased). Let (Sfc, Form 5), on the hearing of an application on the part of E. r., of (address and addition), and G. H., of ^c, the trustees of the above-mentioned indenture of settlement [Or, the executors of the will — Or, administrators of the personal estate — of the above-named A. B. (or as may Se)], to take my opinion \0r, advice — Or, direction] upon the questions submitted to me by the applicants, under the pro- visions of the above mentioned act, by their statement left in my chambers this day. Dated (^c. Conclude as in Form 5). Note: — By the 22 & 23 V. c. 35, s. 30, any trustee, executor, or administrator may, without the institution of a suit, apply by petition to any Judge of the court — or by summons, upon a written statement, to any such Judge at chambers — for his opinion, advice, or direction, on any question respecting the management or adminis- tration of the trust property, or the assets of any testator or intestate. The object of s. 30 was to procure for trustees, at a small expense, the assistance of the court upon points of minor importance arising in the management of the trust. See Lewin, 405. The act applies to trusts created before or since it passed. The applicant acting on such opinion, advice, or direction is to be deemed, so far as regards his own responsibility, to have discharged his duty as trustee, executor, or administrator, in the subject-matter of the application, s. 30 ; But the act will not indemnify him in respect of any act done in accordance with such opinion, advice, or direction, if he has been guilty of any fraud or wilful concealment or misrepresenta- tion in obtaining it. Id. All petitions, summonses, statements, affidavits, and other written proceedings must be entitled in the matter of the act, and of the particular trust, will, or administration ; The petition and statement must be marked, like a bill, with the names of the Lord Chancellor and one of the Vice Chancellors, or with the name of the Master of the Rolls — must state the facts concisely — be divided into paragraphs numbered 548. JUDICIAL OPINIONS. consecutively— and be signed by counsel, See Gen. Ord. 20 Mar. I860, r. 1 ; 23 & 24 V. c. 38, s. 9 ; And 6 C. O., r. 6, in Morgan, 367. It seems the petition or statement should contain in itself everything necessary for the Judge to form his opinion. An application at chambers under s. 30 is commenced by original summons — Form 548 — which is prepared, and sealed at chambers, in duplicate — the duplicate is filed at the record and writ clerks' office — and copies are prepared, and sealed there, for service. ' At the time the summons is sealed at chambers, the statement on which it is grounded — Form 549 — must be left there. Gen. Ord. 20 Mar. 1860, r. 2. A sealed copy of the summons must be served seven clear days before the hearing, unless the person served consents to a shorter time, r. 3 ; The service is effected in the same way as any other original summons, See note to Form 5 ; For affidavit of service, See Form 19; The summons must be served upon, or the hearing thereof be attended by, all persons interested in the application, or such of them as the Judge thinks expedient, s. 30 ; The solicitor must use his discretion as to the persons to be served, as the application is not allowed to be brought on merely to ascertain who should be served ; It is not, however, necessary or proper to serve all persons who may be interested in the trust. The Judge may require the applicant to attend him by counsel, where he deems it necessary; But no affidavits are admitted in support of the application, nor will an inquiry be directed ; And no appeal lies from the Judge's opinion, &c. The minutes of the opinion, advice, or direction, are usually written by the Judge, or by his direction, on the margin of the statement, opposite the questions submitted, and are ordinarily signed by the Judge ; The chief clerk indorses on the original summons a minute — Form 550 — of the persons who attended the hearing, and therein refers to, or embodies, the opinion, &c., given; And he identifies, by indorsement thereon — Form 551 — the statement on which the application is grounded. The statement, opinion, and indorsed summons are then transmitted to the registrar of the day, and he draws up therefrom a formal document — See Forms in Seton 773-4 — of the result of the proceeding, which is afterwards passed and entered, like a chamber order — See Form 22 — and transmits the statement to the record office, to be there filed. See Gen. Ord. 20 Mar. 1860, rr. 2-4. The fees of court, and the fees and allowances to solicitors, are the same as are payable for business of a similar nature, r. 5 ; And the costs of the application are in the discretion of the Judge, a. 30. As to the 22 & 23 V. u. 35, s. 30, 23 & 24 V. c. 38, s. 9, and Gen. Ord. 20 Mar. 1860, in Morgan, 291-3, 300, 682, and the cases thereon, and procedure thereunder. See Sugd. Stat. 321-2; Seton, 773-5; Barry, 307-11, 376; 1 Smith, 1109-12; Ayckbourn, 593-5 ; Lewin, 260, 405. JUDICIAL OPINIONS. 549-550. 549. Statement to ground application. In Chancery. {Name of Jtidge.') ( Title as in Form 548.) Statement of E. F., of, {^c, as in Form 548), to ground an application intended to be made by them, by summons dated the day of , 186 — , under the provisions of the above men- tioned act, for the opinion \_0r, advice— Or, direction] of the right honorable the Master of the EolJs [Or, the honorable the Vice Chancellor ] on the questions hereinafter stated respecting the management \^0r, administration] of the trust property fOr, the assets of the said A. B. r jt ., l > tShoweth as follows : — 1. That, 8;c.\{State the facts concisely, and divide them into 2. That, ^c. J paragraphs, numbered consecutively.^ The opinion \_0r, advice— Or, direction] of the Master of the Bolls \^0r. Vice Chancellor ] is requested, under the circum- stances aforesaid, 1. "Whether, ^c. 2. Whether, S/c. {CounseFs signature.) Note. — Notice of the application to which this statement refers is intended to be served on {State whom). Note: — See note to Form 548. 550. Indorsement on summons. Master of the Eolls "] f Or, Vice-Chancellor ], I 186 — at chambers. J Appeared : — Mr. A., of counsel for the applicants. Mr. B., for L. M., and N. O., in the within-mentioned statement named. Bead : — The said statement. The minutes of the opinion £0r, advice — Or, direction] given by the Judge on the said statement are set forth in the margin of page . of the said statement [ Or, The opinion, Sfc, is as follows ( Set it out)"]. X. Y., Chief Clerk. Note: — See note to Form 548. 551-552. TJNDEK THE LEGACY DUTY ACT. 551. ludorsemeut on statement. This is the statement referred to in the summons taken out in the within-mentioned matter and dated the day of — .— 1 86 — . X. T., Chief Clerk. Note : — See note to Form 548. VI. UNDER THE LEGACY DUTY ACT, 36 G. 3, c. 52, s. 32. 552. Summons for a transfer or sale and payment out. In Chancery. In the matter of {Insert heading of accountant-general's cer- tificate of fund in court, as : A. B., an infant legatee — Or, absent beyond seas) ; And of the act of parliament, 36th George the third, chapter 52. Let (4'c., Form 5), on the hearing of an application on the part of the above-named A. B., now of {address and addition), that Transfer out: — the £ bank Bl. per cent, annuities (or other stock), standing in the name of the accountant-general, in trust in the first-mentioned matter, and any interest to accrue due thereon, may be transferred to the applicant, A. B. Sale and payment of proceeds : — the £ (^c., as above, to matter), may be sold, and that the money to arise by such sale, and any interest to accrue due on the said annuities, may be paid to the applicant, A. B. Cash : — the £ cash in the bank, to the credit of the first- mentioned matter, may be paid to the applicant^ A. B. Dated {S^c, Form 7). Note :— By the 36 G. 3, c. 52, s. 32 (amended by 37 G. 3,c. 135), in Morgan, 53, and 1 C. O. r. 11, in Morgan, 342, executors or administrators may relieve themselves' of a legacy or residue to which an infant or person beyond seas is entitled, by paying or transferring the same into court, to the legatee's account ; And provision is thereby made for its investment in stock, when cash, and for laying out the accruing divi- dends. Cash may be so paid in, without an order, on production of the official receipt for the legacy duty ; For the transfer of stock an order is requisite, which may be obtained on an exparte petition or motion, but not, it is submitted, on summons ; For such order, on petition, See Seton, 721. The fund may afterwards be transferred and paid to the person entitled, or other- wise applied for his benefit, on application to the court, by petition or motion in a summary way, s. 32 — or on application at chambers, by summons, in all cases where TTNDER THE LEaACT DUTY ACT. 553. the sum paid into the bank, or the stock transferred into the name of the accountant- general, under s. 32, does not exceed £300 cash, or £300 stock, as the case may he, 35 C. O. r. 1, art, 2, in Appendix A. Where there is jurisdiction to deal with the fund at chambers, the application may be made by an ordinary summons — Form 7 — whenever an order has already been made in the matter either in court or at chambers ; But if uo such order has been made, the application must be made by original summons — Form 5 — and a duplicate thereof be sealed at chambers, and filed at the record and writ clerks' office, but the footnote may be omitted, as the application, by either summons, is made exparte. There must be evidence of the title of the applicant — See Form 553 — including proof that he has attained his majority, where the fund has been paid in to his account as an infant. The order is drawn up by the registrar from the chief clerk's indorsement on the summons, and is passed an J entered in the usual way, See note to Form 22. For Form of petition. See Barry, 369. And for the acts, cases, and procedure. See Seton, 721-2 ; Barry, 296-9, 369 ; 1 Smith, 1112-3; Ayckbourn, 427-8; Daniell, 1376 ; Drewry Pr. 216. As to the application of the interest to the maintenance of the legatee, See Seton, 722 ; And for an order for transfer into court of an infant's stock legacy, appoint- ment of guardian, and allowance for maintenance. See Id., 721 ; And see Form 608. 553. Sketch of affidavit in support. ( Title as in Form 552.) I, C. D., of {address and addition), make oath and say, as follows ; — • 1 . E. F. late of (address and addition), deceased, by his will dated the day of , 18 — , and proved in (the principal registry of Her Majesty's court of probate) on the day of , 18 — , by G. H., the executor therein named, bequeathed to A. B. a legacy of £ a. {State the bequest in the terms of the will), as I know from {State means of knowledge, as : a perusal of the probate of the said will). 2. In consequence of the infancy of the said A. B., the said G. H., on or about the day of , 18 — , paid into the bank, with the privity of the accountant-general, to the credit of {Describe from the accountant- generaVs certificate), the sum of £ b., being the residue of the said legacy of £ a. after deducting therefrom the sum of £ c. for the legacy duty thereon {or as may be), as I know from, SfC. 3. On or about the day of , 18 — , the said sum of £ b. was laid out by the said accountant-general in the purchase of £ d., bank 3/. per cent, annuities, in trust in the said matter, and such sum of bank annuities, and the interest, and investments and accumulations of interest thereon, are now represented by the sum of £ e., bank U. per 554. UNDER THE SETTLED ESTATES ACTS. cent, annuities, standing in the name of tlie said accountant-general in trust in the said matter, and the sura of £ f., cash in the bank to the credit of the said matter, as I know from, Sfc. 4. For years and upwards now last I have known and been well acquainted with A. B., of (address and addition, as in summons), the applicant named in the summons, dated the —— day of , 186 — , taken out in these matters ; And he is the same person as the A. B,, named in the title and first paragraph of this affidavit, and as the A., son of D. and S. B., named in the paper writing, marked A., now pro- duced and shown to me, and purporting to be an extract from the register book of baptisms for the parish of , in the county of [ Or, purporting to be a copy of the entry numbered , in the cer- tified copy of entries of births in the district of , in the county of , for the year 18 — , given under the seal of the general register office {or as may be. See Seton 24—5], as I know from, Sfc. Sworn {Sfc, Form 16). Note: — See Form ISj And note to Form 552. VII. UNDER THE SETTLED ESTATES ACTS. 554. Petition to approve of a particular lease. In Chancery. {Name of Judge.) In the matter of the act of parliament 19th and 20th Victoria, chapter 120, intituled " An act to facilitate leases and sales of settled estates" (And of the act of parliament 21st and 22nd Victoria, chapter 77, intituled "An act to amend and extend the settled estates act of 1856"), and of a freehold farm and lands, situate at , in the parish of , in the county of , in the occupation of , and devised in trust by the will of G. S. B., late ot {address and addition), deceased. To the right honorable the Lord High Chancellor of great britain [Or, Master of the Rolls]. The humble petition of A. B., of (address and addition), C. D., of, SfC, and E. B., of, SfC, Showeth as follows : — 1. G. S. B., named in the title of this petition, made his will, dated the day of , 18—, and thereby devised all his real estates whatsoever unto your petitioners A. B. and C. D., and to G. H., who is UNDER THE SETTLED ESTATES ACTS. 554 since deceased, upon trust to permit your petitioner E. B. to receive the rents and profits thereof during his life, and after his decease upon trust for the first and other sons of your petitioner E. B., successively, in tail male, and for default of such issue upon trust for the right heirs of the said testator; And the said testator thereby hequeathed his personal estate to your petitioners A. B. and C. D., and to the said G. H., upon certain trusts, and appointed them executors of his will. 2. The said testator died on the day of , 18 — , without having revoked or altered his said will, and such will was duly proved on the day of , 18 — , in (the principal registry of Her Majesty's court of probate), by your petitioners A. B. and C. D. 3. The said G. H. died in the lifetime of the said testator. 4. The real estates settled by the said will comprise, amongst other things, the farm and lands mentioned in the title of this petition, and which contain slate rock considered to be of great value, but which has never been worked in any manner except for common purposes on the estate, and it would be greatly for the benefit of your petitioner E. B., and of every person interested under the said will, that a lease should be granted under which the said slate rock may be worked, but there is no power of leasing contained in the said will. 5. Your petitioner E. B. has been married once only, namely, to M. N., and has three children only by her, namely, two sons and a daughter, all of whom are infants, and your petitioner E. B. is the eldest son and heir-at-law of the said testator. 6. O. P., of (address and addition), is willing, subject to the approval of this honorable court, to take a lease of the property in question, on certain terms which have been embodied in a draft lease to which your petitioners refer ; The said O. P. is solvent, and a highly respectable person, and the said terms are the best that can be reasonably obtained for the property. 7. No application has at any time been made to either house of Parliament for a private act to effect the object of this petition, or for any similar purpose, with regard to the property mentioned in the title of this petition. 8. Your petitioners appoint the office of Messrs. W. and 0., the solicitors of your petitioners in the matter of this petition, situate at (address), as the place where your petitioners may be served with any order of this honorable court or notice relating to the subject of this petition. Your petitioners therefore humbly pray, that a lease to the said O. P. of the slate rock within and under the farm and lands mentioned in the title of this petition, on the terms embodied in the draft lease above mentioned, or on such other terms as this honorable court may approve, may be approved and authorised o54. UNDEE THE SETTLED ESTATES ACTS. by this court, and that your petitioners may be appointed to execute such lease. And your petitioners will ever pray, ^c. Note. This petition is intended to be served on ( State whom). NoTB:— For the settled estates acts, 19 & 20 V. c. 120, and 21 & 22 V. c. 77, See Morgan, 250-68-70 ; And for the object thereof, the cases thereon, and the procedure thereunder, See Id.; 41 C. O. rr. 14-25, in Morgan, 578-81, 700-2; 21-3 Judges' Reg., in Appendix B. ; Bloxam, 6-8,44-5; Sugd. Pow. 723-7,873-7; Sugd. Stat. 290-5-6-300; Sugd. V. & P. 498-500 ; Seton, 528-36-9; Barry, xxTi-Tiii, 266-91, 399; Peachey, 926-45 ; 1 Smith, 1128-39 ; Ay ckbourn, 552-65; Daniell, 1385-97. For forms of petition, See Barry, 359-66 ; Tripp, 96-8. For summonses to appoint guardian to make or consent to an application, See Forms 555-6 ; For leave for guardian to make or consent, See Form 559 ; For affidavits in support. See Forms 557, 560 ; And for consent to act of guardian. See Form 558. For summons to appoint examiner of a married woman, and affidavit of his fitness. See Forms 561-2 ; For forms of examination and certificate, and affidavit verifying signatures. See Forms 563-6 ; And for minute of examination by the Judge, See Form 567. For summons for direction as to notices, and forms of direction and notice. See Forms 568-70. As to setting down the petition for hearing, See 41 C. O. r. 20 ; Re Blake, 8 W. R. 539; Re Mallin, 6 Jur. n. s. 809; Re Adam, 6 L. T. n. s. 604. As to motions for leave to appear, and furnishing copies of the petition, See 19 & 20 V. c. 120, s. 20 ; 41 C. O. rr. 17-9 ; And for an order under s.20, See Seton, 529. For an order vesting powers to grant mining leases. See Seton, 529 ; And building leases. Id., 531. For a model Form of building lease. See Form 571. For an order approving agreement for a particular lease. See Seton, 532 ; And to grant a particular lease. Id. For an order for a sale under the acts, and a variety of incidental directions. See Seton, 534. For peculiar conditions on a sale under the acts, See Forms 283 (c.) (d.), and 304 (b) ; And for other forms in use on such sale, See ante, Part xii. For certificate verifying copy order — note of solicitors' names — and summons to proceed. See Forms 118-20. And see notes to Forms 655, 561, 571. UNDEK THE SETTLED ESTATES ACTS. 555. 555. Summons to appoint a guardian of an infant to make an application. In Chancery. (^Entitle in same manner as the petition (or intended petition'), and add:) And in the matter of A. B., an infant, by C. D., his next friend. Let {Sfc, Form 7), on the hearing of an application on the part of the above-named A. B., an infant, by C. D., of (address and addition), his next friend, that the said C. D., or some other proper person, may be appointed guardian of the said infant A. B., If the petition has been presented, add : for the purpose of making, on belialf of the said infant, the application proposed to be made by the petition preferred by t^State names of petitioners), to the Lord High Chancel'or [Or, Master of the Rolls], on the day of , 186 — , under the provisions of the above-mentioned acts. But if the petition has not been presented, add: for the purpose of making an application on behalf of the said infant, under the provisions of the above-mentioned acts. Dated (Sgc, conclude as in Form 7). Note: — By the 19 & 20 V. c. 120, s. 36, in Morgan, 265, all powers given by that act, and all applications to the court under that act, and consents to such applications may be exercised, made or given by guardians on behalf of infants, and by committees on behalf of lunatics ; but in the case of infant or lunatic tenants in tail no application to the court, or consent to any application, can be made or given by any guardian or committee without the special direction of the court ; No provision is, however, made for the case of a lunatic not found to be so by inquisition, See Re Turbutt, 2 N. R. 158. By the 41 CO. r. 23, a special direction under s. 36 may be obtained, exparte, by summons at the chambers of the Judge to whose court the application may be intended to be made, or may have been made. If the infant has no guardian, a summons should be taken out in the name of the infant, by a next friend, that the person therein named, or some other proper person, may be appointed guardian of the infant for the purpose of making, or consenting to, the application on his behalf, See 21 Judges' Reg., in Appendix B. ; For forms of summons, See Forms 555-6 ; If the infant has a guardian, this application will of course be unnecessary. According to the present practice, the application to appoint a guardian —whether to make or consent — may be made, exparte, either before or after the petition has been presented ; If after, the application must be made by an ordinary summons ; But if before it must be made by an original summons, and a duplicate thereof must be sealed at chambers, and filed at the record and writ clerks' office ; The footnote of an original summons — See Form 5 — should, however, be omitted, being inapplicable to an exparte application. The summons, in either case, must be entitled in the same manner as the petition. 556-557. UNDER THE SETTLED ESTATES ACTS. or intended petition, and also in the matter of the infant, See Forms, 555-6 — And the points referred to in 21 Judges' Beg., See Appendix B., must be substantiated by- evidence, See Form 557 ; If the petition has been presented, the original petition — or, on a respondent's application, the copy served — should be produced at the hearing of the summons, and be entered as read in the order ; The written consent to act — Form 558 — of the proposed guardian must also be produced, and be verified, See Form 557, paragraph 6. The order — See Form in Seton, 528 — is drawn up by the registrar, from the chief clerk's indorsement on the summons, and is passed and entered in the usual way. See note to Form 22. Where the infant is tenant in tail, the application under s. 36, for leave to make or consent to the application on his behalf, is made by his guardian — whether appointed under the act or otherwise — ^by an ordinary summons, after the petition is presented, and must be supported by the affidavit of the guardian and other evidence referred to in 22 Judges' Beg., See Appendix B. ; For Forms of summons and affidavit. See Forms 559-60 ; Where the infant is not tenant in tail this application is improper ; If the guardian has been appointed under the act, the summons should be entitled in the same manner as the order appointing him ; If appointed otherwise, the sum- mons should be entitled in the same manner as the petition ; The original petition — or, on a respondent's application, the copy served — should be produced on the hearing of the application, and be entered as read in the order. The order — See Form in Seton, 558— is drawn up and completed as before explained. 556. The like — to consent to an application. {Commence as in Form 555 to guardian) of the said infant A. B., if the petition has been presented, add: for the purpose of con- senting, on behalf of the said infant, to the application proposed to be made by the petition preferred by {State names of petitioners), to the Lord High Chancellor [Or, Master of the Rolls], on the day of , 186 — , under the provisions of the above mentioned acts. But if the petition has not been presented, add : for the purpose of consenting, on behalf of the said infant, to an application under the provisions of the above-mentioned acts. Dated (^c, Form 7). Note: — See note to Form 555. 557. Sketch of affidavit in support of application to make or consent, on l)eliaJf of an infant. ( Title as in summons.) J, L. E., of (address and addition), make oath and say, as follows : State the age of the infant, as: — 1. A. B., in the title of this aflSda- UNDER THE SETTLED ESTATES ACTS. 557 Tit named, and of whom a guardian is proposed to be appointed for the purpose of (Sfc, as in summons), is of the age of years and upwards, as I know from {Sfc, State means of knowledge). State whether the infant has any "parent, testamentary guardian, or guardian appointed by the court of chancery, as: — 2. D. B., the father, and K. B., the mother of the said infant A. B., are both dead, as I know from, S^c. ; The said A. B. has no testamentary guardian, and no guardian appointed by this honorable court, as I know from, 8^c. State where, and under whose care the infant is residing, and at whose expense he is maintained, as : — 3. The said A. B. is now residing at , under the care of C. B., and is maintained at the expense of the said C. B., as I know from, S^c. Show in what way^ the proposed guardian is connected with the infant, and why proposed, and how qualified to he appointed, as : — 4. The said C. B., the person proposed to be appointed such guardian as aforesaid of the said infant A. B., is the paternal uncle of the said infant ; and is so proposed because he is the nearest living relation of the said infant, and has ever since the death of the said infant's father had charge of the said infant, and the superintendence of his education, and because also the said C. D. is a person of business habits, and well acquainted with the nature and value of the property in respect of which the application aforesaid is intended to be made, as I know from, Sfc. Show that the proposed guardian has no interest in the intended application, or if he has, the nature of his interest, and that it is not adverse to the interest of the infant, as: — 5. The said C. D. has no interest in the application intended to be made as aforesaid, as I know from, &c. Show the consent of the guardian to act, as : — 6. The name or signature " ," set and subscribed to the paper writing now produced and shown to me, and marked A. {^exhibit written consent of guardian, See Form 558), is of the proper handwriting of the said C. B., as I know from {Sfc, as: having seen him set and subscribe the same on the day of ). Show the nature of the intended application to the court, as : — 7. The application intended to be made as aforesaid is for the purpose of obtaining authority from this honorable court to grant to O. P. a lease of certain slate rock within and under the farm and lands mentioned in the title of this affidavit. Sworn (Sfc, Form 16). Note; — See Form 15. As to the essentials of this affidavit, See 21 Judges' Eeg., in Appendix B. And see note to Form 555. 558-560. TJNDBK THE SETTLED ESTATES ACTS. 558. Consent to act of proposed gpiardian. ( Title as in summons.) I, C. B., oi {address and addition), hereby signify my consent to act as guardian of the above named A. B., an infant, for the purpose of {Sfc , as in Form 555, or 556). Dated this day of , 186 — . C. B. Signed by the said C. B. 1 ■ in the presence of, J « L. R., of (address and addition). Note : — See note to Form 555. 559. Smnmons by guardian of infant, or conunittee of lunatic, tenant in tail, for leave to make — or consent to — an application. ( Title, See note to Form 555.) Let {Sfc, Form 7), on the hearing of an application on the part of C. B., the guardian {If so, appointed by an order in these matters dated the day of , 186 — ,) — Or, the committee — of A. B. {If so, above-named— Or, named in the petition hereinafter mentioned), an infant [Or, lunatic], that he may be at liberty, on behalf of the said infant [^Or, lunatic], to make the application [Or, to consent to the application.] proposed to be made, by the petition preferred by {State names of petitioners). On the day of , 186 — , under the provisions of the above mentioned acts. Dated {^c, Form 7). Note : — See note to Form 555. 560. Sketch of affidavit by guardian in support. ( Title as in Form 559.) ■ I, C. B., of {address and addition), the guardian of A. B., an infant [ Or, the committee of A. B., a lunatic], named in the petition herein- after mentioned, make oath and say, as follows : — 1. I am aware of the nature and effect of the application proposed to be made by [ Or, I have perused] the petitioii preferred by {State names) to the Lord High Chancellor lOr, Master of the Eolls] on the day of , 186—, in the (first) above mentioned matter, under the provisions of the above mentioned acts. 2. I have considered the said application, and I verily believe it to be proper, and for the benefit of the said infant \^0r, lunatic] A. B., UNDER THE SETTLED ESTATES ACTS. 561-562. that the said application should be made [Or, consented to] on behalf of the said A. B. Sworn (^c, Form 16). Note :— See Form 15. As to this affidavit, See 22 Judges' Reg., in Appendix B. And see note to Form 555. 561. STUumons to appoint examiner of a married woman. ( Title as in petition.) Let (4'c., Form 7), on the hearing of an application on the part of B. C., the wife of A. C, in the petition preferred in these matters by (Slate names of the petitioners), on the day of , 186 — , respectively named, by D. N., of (address and addition), her next friend, that E. M., of \address), gentleman, a solicitor of this court, may be appointed to examine the said B. C, apart from the said A. C, her husband, touching her knowledge of the nature and effect of the application intended to be made to this court by the said petition, and to ascertain whether she freely desires to make [ Or, if she is not a petitioner, say : desires to consent to] such application. Dated (Sfc, Form 7). Note: — As to the above application — -which is made exparte, by an ordinary- summons— See 19 & 20 V. c. 120, ss. 37-9, and 41 C. O. r. 23, in Morgan, 266-7, 580 ; And for the order, See Seton, 528. The application should be made after the petition is presented, and before the notices are issued, Re Forster, 5 W. R. 726. Where the examination is to be taken out of the jurisdiction, See 21 & 22 V. c. 77, s. 6, in Morgan, 270. And see note to Form 554. 562. Sketch of affida-nt of fitness of proposed examiner. ( Title as in petition.) I, S. B., of (address and addition), make oath and say, as follows : — 1. For years and upwards now last I have known and been well acquainted with E. M., of (address), gentleman, the person pro- posed to -be appointed to examine B. C, the wife of A. C, in the petition preferred in these matters by ( State names of petitioners), on the day of , 186 — , respectively named, apart from (S^c, Continue as in Form 561 Jo end).. 2. The said E. M. is a solicitor of this honorable court, in actual practice, and is a person of respectability and integrity. 3. The said E. M. is not concerned for any of the parties in the matter of the application intended to be made as aforesaid, as I know from (State means of knowledge). 4. In my judgment and belief the said E. M. is a proper and eligible A A 563-564. UNDER THE SETTLED ESTATES ACTS." person to be appointed to examine the said B. C, for the purpose afore- said. Sworn (^-c, Form 16). Note : — See note to Form 561. 563. The examination. A. ( Title as in order directing the examination.') The examination of B. C, the wife of A. C, of {address and addition'), taken pursuant to an order made in these matters dated the day of , 186 — . I, the said B. C, the wife of the said A. C, having been solely and separately examined, apart from my said husband, by E. M., whose name is subscribed to the certificate hereunder written, touching my knowledge of the nature and effect of the application intended to be made by {Set out names of the petitioners, as in the petition), by their petition presented to the right honorable the Lord High Chancellor of great britain [Ot-, Master of the Ralls] on the ^ day of , 186 — , praying that {Set out prayer of petition, in the past tense), and whether I freely desired to make [Or, consent to] such application, and the said order having been read over to me, and the purport and effect thereof explained to me, for answer thereto say, that I freely desire to make [Or, consent to] such application. In witness whereof I the said B. C, the wife of the said A. C, have hereunto subscribed my name this —— day of , 186 — . B. C. Witness to the signature of the said B. C, R. G , of {address and addition). Note : — The examination should be written on foolscap paper, bookwise ; The certificate of the examiner — Form 564 — should be written under the examination ; The affidavit — Form 5 65 — should follow on a separate page ; And the exhibit — Form 566-<-should be indorsed on the examination and certificate ; All these documents must be filed at the record and writ clerks' ofBce, and an office copy thereof obtained therefrom, for use in court on the hearing of the petition. 564. Certificate of examiner. B. To the right honorable the Lord High Chancellor of great britain. I, whose name is hereunto subscribed, do hereby certify unto your lordship that in pursuance of the above-mentioned order dated the day of , 186 — , I have this present day, solely and separately apart frotn the said A. C., examined the said B. C, the wife of him TJNDKE THE SETTLED ESTATES ACTS. 565-566." the said A. C, touching her knowledge of the nature and efiect of the intended application above mentioned, and have taken such examination in -writing, signed by her, as above written and set forth ; and that I am satisfied that she is aware of the nature and efiect of the said intended application, and that she freely desires to- make ^.Or^ consent to] the same. ' Dated this day of , 186 — EM. Witness to the signature of the said E. M. R. G., of (address and addition). Note : — See note to Form 563. 565. Affidavit verifying signatures to the examination and certificate. ( Title as in order directing the examination.) I, R. G., of (address and addition), make oath and say, as follows : — 1. I was present and did see B. C., the wife of A. C, of (address and addition as in certificate), sign the paper writing hereunto annexed, marked A., purporting to be her examination pursuant to an order of this court made in these matters and dated the • day of , 186—, and that the name or signature " ," set and subscribed to the said paper writing, is of the proper handwriting of the said B. C ; and that the name or signature " ," set and subscribed to the said paper writing as a witness attesting the signature of the said B. C. thereto^ is of my own proper handwriting. 2. I was present and did also see E. M., of (address and addition, as in order), the examiner named in and appointed by the said order, sign the certificate of the said examination hereunto annexed, marked B., and that the name or signature " ," set and subscribed to the said certificate, is of the proper handwriting of the said E. M. ; and that the name or signature " ," set and subscribed to the. said certificate as a witness attesting the signature-of the said E. M. thereto, is of my own proper handwriting. ■Sworn (^-c, Form 16). Note :— See Form 15 ; And note to Form 563. 586. Exhibit of examination and certificate. (Short title.) This is the paper writing marked A., and certificate marked B., respectively referred to in the affidavit of E. G., sworn before me in these matters this day of , 186 — . ( Signature of officer before whom affidavit sworn.) ■ Note: — See note to Form 563. A A 2 567-569. UNDER THE SETTLED ESTATES ACTS. 567. Minute of examination of a married woman by the Judge in chambers. {Short title.) Master of the Bolls '\ £0r, Vice-ChanceUor ], V , 186—. at chambers. J The "within named (petitioner) A. C, the wife of B. C, was ex- amined, apart from the said B; C, by the Judge in chambers this day, touching her knowledge of the nature and effect of the application intended to be made by the within petition £ Or, by the petition pre- sented by {State whom) on the day of , 186 — ], and stated thereupon that she freely desired to make [ Or, to consent to] the said application. X. Y., Chief Clerk. Note: — The minute is usually indorsed on the original petition, where the person examined is a petitioner, or where the petition is produced for the purpose. And see note to Form 561. 568. Summons for directions as to notices. {Short title.) Let {SfC, Form Y), on the hearing of an application on the part of A. B. and others, the petitioners named in the petition pi-eferred in these matters on the day of , 186 — , that directions may be given in what newspapers the notices required by the above mentioned act are to be inserted. Dated {^c. Form 7). Note: — As to this application — which is made exparte — ^See 41 C. O. r. 16, in Morgan, 579, and 23 Judges' Reg., in Appendix B. And see note to Form 561. 569. Directions thereon. Master of the Rolls "I [Or, Vice-ChanceUor ], J- ,186 . at chambers. J Appeared : W. and 0., for the petitioners. Bead : the within petition. The Master of the Rolls [Or, Vice-Chancellor ] directs that the notices required by the within mentioned act be inserted in the follow- ing newspapers, that is to say : — Once in the london gazette. UNDER THE SETTLEB ESTAIES ACTS. 570-571. Once in each of (three) successive weeks in the news- paper, published in london. And once in each of (three) successive weeks in the newspaper, circulating in the county of . X. Y., Chief Clerk. Note:— The directions should be written in the fold of the original petition ; And must be produced at the ofSce of the london gazette, on leaving the notice there for insertion ; The notice for the gazette must be signed by the petitioner's solicitor, and witnessed. And see Bloxanl, 45 ; And note to Form 568. 570. Form of notice. In Chancery. In the matter of, SfO. Notice IS hereby given that a petition in the above mentioned matters was, on the day of , 186 — , presented to the Lord High Chancellor of great britain [^Or, Master of the Rolls], by A. B., of (^•c., as in petition), for {State the object of the petition); And notice is hereby also given that the petitioners may be served with any order of the court or notice relating to the subject of the said petition, at the office of their solicitors, Messrs. W. and O., situate at , in the county of . Dated this day of , 186 — . W. & O. Solicitors for the petitioners. Note: — See note to Form 568. 571. Kodel form of building lease by trustees, with consent of tenant for life. This indenture, made the day of , 186 — , between B. L., of, SfC, and T. L. C, of, S^c, two of the trustees under and by virtue of the last will and testament of T. B. L., late of, S^c,, deceased, bearing date the day of , 185 — , of the first part, W. J. L., of, SfC., of tho second part, and , of, Sfc, of the third part, Witnesseth, that in pursuance of, and in obedience to an order of the high court of chancery, bearing date the 4th day of June, 1859, made by his honor the Master of the Bolls, in the matter of the act of parliament 19th and 20tb Victoria, chapter 120, intituled "An act to facilitate leases and sales of settled estates," and in the matter of certain' lands and hereditaments devised by the will of the said T. B. L., de- ceased, therein described or referred to, and by virtue of any and evei-y 571. UNDER THE SETTLED ESTATES ACTS. other power or authority enabling them, the said B. L. and T. L. C, two of the trustees for the time being of the aforesaid will, with the .consent in writing, of the said W. J. L.,'as the person for the time being entitled in possession, as beneficial tenant for life, to the estates of which the hei-editaments hereby demised are part, under the same will, do and each of them doth by these presents (which have been settled and ap- proved by the said Master of the EoUs, the Judge to whose court the said matter is attached, as appears by the certificate of the chief clerk flf the said Judge, dated the day of , 186 — ), limit and appoint by way of lease, and also demise and lease, unto the said , his executors, administrators, and assigns. All that plot of land situate in , and delineated in the plan drawn in the margin of these presents, measuring on the east side or thereabouts, on the west side or thereabouts, on the north side — - or thereabouts, and on the south side or thereabouts, and containUig in the whole superficial square yards of land, be the same more or less, bounded ^Describe the boundaries). Together with all easements and • appurtenances belonging tp the said land hereby demised (except and always- reserved out- of these presents, all mines of coal and cannel, and other mines and minerals whatsoever, lying within or under the same land, with full and free liberty at all times for the trustees or trustee for j;he time being under the said will, or their or his assigns, or their or his under-tenants, workmen, agents, and others, by means of tunnels, drifts, and other works, extending from, out of, and into any mines in adjoining or other lands, but not so as to authorise the boring or digging from and through the surface of the land hereby demised, to dig, sink, search for, get, take, and carry away the said mines and minerals, and dispose thereof at pleasure, without making any satisfaction to the said , his exec- utors, administrators, and assigns, or his or their tenants, for any damage to the surface thereby occasioned) ; To have and to hold the said plot of land and premises hereby de- mised unto the said — ^-, his executors, administrators, and assigns, for and during the term of 999 years, to be computed from the day of , 186 — , and fully to be complete and ended; Yielding and paying therefore, unto the said B. L. and T. L. C, and the survivor of them, or his heirs, or other the said trustees or trustee for the time being, or their or his assigns, yearly and every year during the said term, the rent or sum of £ , by equal quarterly payments, on the 25th day of march, 24th day of June, 29th day of September, and 25th day of december in each year, clear of all deductions whatso- ever, the first quarterly payment thereof to be made on the day of . next. And the said , for himself, his heirs, executors, administrators, and assigns, doth hereby covenant with the said B. L. and T. L. C, their heirs and assigns, that he the said . , his executors, adminis- trators, and assigns, shall and will, from time to time, during the term UNDER THE SETTLED ESTATES ACTS. 571. hereby created, pay the said yearly rent of £ at the respective days and times hereinbefore appointed/or payment thereof, without any deduction whatsoever : And also shall and will, during the said term, pay and discharge all taxes, rates, and assessments, now assessed or imposed, and to be at any time or times hereafter assessed or imposed upon tlie said land, or the Buildings erected, or to be erected thereupon : And also shall and will, within the space of one year next ensuing the date hereof, at his and their own costs and charges, and in a proper, complete, and workmanlike manner, to the satisfaction of the trustees X)r trustee for the time being of the said will, erect, build, make, and finish, and at all times thereafter, during the said term hereby created, maintain, and keep in repair upon the said laud hereby demised, one or more good and substantial house or houses, or other building or build- ings, of brick or stone, or both, to be set in lime mortar, and covered with slates, which house or houses, or other- building or buildings, when finished, shall be of the clear yearly value of at least double the rent hereby reserved: And in case of fire, tempest, destruction, or decay of or to such buildings, or any of them, shall and will, from time to time, forthwith rebuild or replace the same with other such like good buildings, so as, at all times during the said term, the said buildings shall remain and be of such clear yearly value as aforesaid : And shall and will, from time to time, insure, and keep insured, in the globe fire insurance ofllce in london, or some other respectable fire insurance office in england, the said erections and buildings in the sum of £ , at the least : And shall and will, from time to time, on re- quest, produce to the trustees or trustee for the time being of the said will, or the heirs of the survivor of them, or their or his assigns, the receipt for the premium of such insurance for the then current year: And also that he the said , his executors, administrators, and assigns, shall and wUl, from time to time, during the term hereby granted, contribute and pay to the said trustees or trustee for the time being, or the survivor of them, or their or his assigns, a due proportion towards the expenseof making, supporting, repairing, and cleansing the roads, ways, sewers, drains, cesspools, waters, watercourses, and other easements which shall be used in common by, or belong in common to,' the tenant or tenants of the said land and premises hereby demised, and any erections and buildings thereon, and the occupiers of any ad- joining premises, such proportion to be fixed by the surveyor of the said trustees or trustee for the time being, as aforesaid, and to be re- coverable by distress in like manner as rent in arrear : And shall not, nor will, at any time or times hereafter erect or make, or use, follow, exercise, or carry on, or permit or suiFer, in or upon the said land, or the buildings erected, or to be erected thereupon, any steam engine, fire engine, chemical work, cotton mill, or the trade or business of a melter of fat, pipe maker, tallow chandler, soap boiler, or 571. UNDER THE SETTLED ESTATES ACTS. any manufactory, business, or employment which is or can be deemed a public nuisance : And shall not, nor will, permit or suffer to be appropriated for, or converted into, a place of public worship, any house or building to be erected in pursuance of the covenant in that behalf hereinbefore con- tained, without the special licence, in writing, of the said trustees or trustee for the time being, as aforesaid, or the heirs of the survivor of them, or their or his assigns ; And shall not, nor will, permit any such house or building to be used as a beer sliop, or public house, or as a theatre or public show, or exhibition : And also that he, the said , his executors, administrators, or assigns, or any or either of them, shall not, nor will, assign over the said premises hereby demised, or any part thereof, or underlet the same for a greater period thau twenty-one years, without first giving notice in writing, signed by the lessor or assignor, and intended lessee or assignee, of every assignment or underlease, to the said trustees or trustee, for the time being, or the heirs of the survivor of them, their or his assigns, or to their or his agent or steward for the time being : And also that he, the said , his executors, administrators, or assigns, shall and will forthwith fence off the said plot of land from the adjoining land, and place the fences on the land hereby demised, and afterwards at all times keep such fences in repair; And shall not, nor will, place any lights or windows on the sides respectively of the said land: And the said B. L. and T. L. C, for themselves respectively, and for their respective heirs, executors, and administrators, and not the one for the other of them, do hereby covenant and declare, with and to the said , his executors, administrators, and assigns, that they the said B. L. and T. L. C. respectively, have not made, done, executed, or suffered, or been party or privy to any act, deed, matter, or tiling whatsoever, whereby or by reason whereof they are prevented, or in- capacitated, from making the demise and lease hereinbefore contained of the said land and premises: Provided always, that if the said rent hereby reserved, or any part thereof, shall be unpaid for the space of twenty-eight days after any of the said days appointed for payment thereof, as aforesaid, or in case the said ,his executors, administrators, or assigns, shall not well and duly keep all and every the covenants and agreements herein contained, and on his and their part to be performed, then and in any of the said cases, and thenceforth, it shall be lawful for the said B. L. and T. L. C. or the survivor of them, or his heirs, or other the trustees or trustee for the time being, or their or his assigns, into the said preipises hereby demised, or any part thereof, in the name of the whole to re-enter and the same to have again, repossess, and enjoy as in their or his former estate. tTNDEK THE SETTLKD ESTATES ACTS. 571. In witness whereof the said parties have hereunto set their hands and seals, the day and year first above written. Note: — As to leases under the settled estates acts, See note to Form 554. With respect to the law of landlord and tenant in general, and the course of pro- cedure at chambers, in ordinary cases, in settling a lease pursuant to an order. See note to Form 413a, and Forms 413-20 ; And as to leases of infants' estates, under 1 W. 4, u. 65, See note to Form 518, and Forms 518-21. As the general rule, in cases under the settled estates acts, requires that each lease shall he settled hy the Judge, much labour and expence may^ be spared by adopting a model form of lease, as far as practicable, and by procuring the drafts of the leases to be settled at chambers in collections ; The practice Tvhere this course is adopted may be exemplified by the following case : In re Legh, M. R., 4 June, 1859, trustees were authorised, by order under the settled estates acts, to grant leases, with the consent of the tenant for life in possession, such leases to be settled by the Judge; A certified copy — See Form 118 — of the order, as passed and entered, was thereupon left at chambers, and a summons — See Form 120 — was taken out to proceed thereon ; On the return of this summons, a direction was issued to the conveyancing counsel to settle a model lease, the property being proposed to be demised in small plots, for the erection of workmen's cottages, on one uniform plan ; Such model having been settled accordingly — See Form 571 — and approved by the chief clerk, the lessors' solicitors caused it to be printed, leaving blanks for the lessee's name, and for such other particulars as would probably bo inapplicable to every case ; A summons — See Form 572 — was afterwards taken out to settle the drafts of certain leases, proposed to be granted on this model, to the persons named in the summons, and the drafts were at the same time left at chambers^each such draft being a print of the model lease, with such variations as were desired in the particular case, and with the blanks filled up ; On the return of such summons, an affidavit — See Form 573 — ^by the agent of the lessors was read in support, the drafts so left at chambers being made exhibits to the affidavit ; And the drafts were then gone through and settled, and delivered out for engrossment ; The engrossment of each lease and counterpart, with a memorandum of approval — See Form 419 — in the margin of the first skin of each engrossment, and the office copy of an affidavit — See Form 574 — verifying each engrossment, together with the drafts, were afterwards left at chambers for inspection ; and being found correct, the chief clerk signed each memorandum, and prepared and issued the draft of his certificate — See Form 575 — of the result of the proceeding ; And such certificate was afterwards completed in the usual way. See note to Form 185. A like summons to settle other specified drafts, and the ulterior proceedings above explained, have since been frequently taken out and had under the same order — from a dozen to twenty drafts being usually embraced in each application, and the fees of court on each such application being, collectively, less than forty shillings. The following other cases may assist the practitioner in ascertaining what is the course of the court with respect to the approval of leases under the settled estates acts : In re Reedly, V. C. K , 18 Mar. 1858, cited in Seton, 539, numerous building leases being proposed to be granted, a form of lease was directed to be settled and followed, with such variations in any particular case as the Judge should approve. 572. UNDER THE SETTLED ESTATES ACTS. In re Jones, V. C. S., 17 Deo. 1858, 7 W. R. 171, general powers of leasing, specified in a schedule, were vested in trustees, but — on reconsideration. Id. 523 — any leases to be granted pursuant thereto were directed to be settled by the Judge. In re Hemingway, V. C. W., 23 Feb. 1859, 7 W. R. 279, Morgan, 255, the court, it seems, directed that a model form of building lease-^houses of only about £100 value each being proposed to be erected — should be settled in chambers, and that the trustees should be at liberty to grant leases in that form, and in no other, without the necessity of applying to chambers in each case ; But see the order in Seton, 533, and Id. 539. In re Procter, 29 May, 1859, 5 W. R. 643, the V. C. Stuart, after consulting the other Judges, said it was their and his clear opinion, that the leases authorised in that case to be granted by trustees ought to be settled in chambers ; but that the leases would only be submitted to the conveyancing counsel where necessary or desirable ; And this is still the general rule. See Seton, 539. In re Chambers, M. R. 21 July, 1860, 8 W. R. 646, the court declined to allow a sale to raise money to form roads over proposed building sites ; but approved of leases being granted in consideration of the lessees undertaking to make the roads, and of a large discretion being used in settling the building leases and agreements at chambers. In re Jersey, V. C. K., 8 May, 1861, 9 W. R. 609, where it was proposed to grant building leases of small cottages, the formal words directing such leases to be settled by the Judge were expunged from the order, to save the expense of settling the leases at chambers, it being apparently supposed that such expense, in each case, would be about £7 ; But see re Legh, supra. In re Carr, M. R. 27 June, 1861, 9 W. R. 776, an estate was authorised to be granted out on leases for 999 years, or in fee farm, on proof of its being the invariable custom of the country to dispose of property for building purposes on those terms^ and that the property could not be beneficially disposed of for such purposes on any other ; and the instruments were directed to be settled in chambers. 572. Summons to settle a collection of draft leases. (^Commence as in Form 7), on the hearing of an application on the part of B. L., and T. L. C, in the order herein dated the day of , 18 — , named, to settle the drafts of the leases proposed to be granted, pursuant to the said order, as under : Serial number of draft lease. Kame of proposed lessee. Proposed term of years. Proposed rent. 1 2 3 John Doe Richard Roe Thomas Stiles 999 J' 7> £2 £\ 10 £15 Dated (^c, Form 7). Note:— See note to Form 571. UNDER THE SETTLED ESTATES ACTS. 573. 573. Affidavit in support. ( Title as in order.) I, W. M., of {address and addition), make oath and say, as follows : — 1. I have, for ^— years and upwards now last, had the management of the estates devised by the will of T. B. L., deceased, and referred to in the order made in these matters dated the day of , 186 — ■,. as the estates situate in the several townships of W. N., Sfc. ; And from the knowledge acquired by me in such management I am able to depose to the following facts : 2. It will be fit and proper, and for the benefit of the parties interested in the said estates under the said will, and conducive to the improve- ment and increase in value of the said estates, that leases should be granted to the several persons named in the second column of the schedule hereto, of the several pieces or parcels of land, at the respective rents, for the respective terms of years, and under and subject to the covenants, provisions, and restrictions respectively mentioned and set forth in the paper writings now respectively produced and shown to me {Exhibit draft leases), and marked respectively with the numbers set forth in the first column of the said schedule, opposite the names of the respective persons who are respectively named in the said paper writings as the lessees. 3. Each of the said paper writings contains all such covenants, pro- visions, and restrictions as are proper and requisite to be inserted therein, and as are usually contained in leases of property of a like nature in the neighbourhood of the land proposed to be demised thereby., 4. The said pieces or parcels of land and premises are of freehold, tenure, and are respectively parts «f the estates referred to in, and authorised to be demised by, the said order ; and the respective rents; mentioned in the said paper writings respectively are the best annual rents that can be obtained for the premises in respect whereof such, rents are to be made payable ; and the said persons respectively are, in- my judgment and opinion, of ability to pay the rents, and perform the covenants and conditions, to be as aforesaid reserved by, and contained in the said leases respectively. The schedule above referred to. Exhibit mark on draft lease. Name of proposed lessee. {See Form 572.) Note:— See Form 15; And note to Form 571. Proposed term of years. Proposed rent. Sworn ((^c, Form 16). 574-575. UNDER THE SETTLED ESTATES ACTS. 574. Affidavit verifying engrossments. ( Title as in order.) I, CD., o{ (address) ^Or, clerk to E. F., of (address)}, gentleman, the solicitor in these matters for B. L., and T.L. C, in the order herein dated the day of , 18 — , named, make oath and say, as follows: — 1. I have carefully examined and compared the (six) several parch- ment writings now produced and shown to me, and marked respectively with the figures and letters set forth in the second and third columns of the schedule hereto, with the several drafts or paper writings now produced and shown to me, and marked respectively with the figures set forth in the first column of the said schedule, and which said drafts respectively have, pursuant to the order herein dated the day of , 18 — , been settled at the chambers of the Master of the EoUs, the Judge to whose court these matters are attached. 2. Each such parchment writing is a true and correct transcript and engrossment of the draft, produced and shown to me as aforesaid, whereof the exhibit mark is set forth in the first column of the said schedule, opposite the exhibit mark on such parchment writing, as I know from the examination and comparison aforesaid. The schedule above referred to. Exhibit mark on draft lease. Exhibit mark on engrossment of lease. Exhibit mark on engrossment of counterpart. Name of proposed lessee. 1 2 3 la. 2a. 3a. lb. 2b. 3b. John Doe. Richard Roe. Thomas Stiles. Note: — See Form 15; and note to Form 671. Sworn (Sfc, Form 16). 575. Certificate of approval. (Title as in order.) In pursuance (Src, See Form 185). Proper leases to be granted, in pursuance of the said order, to the several persons named in the third column of the schedule hereto have been settled and approved, consisting of (three) several indentures to be respectively made between B. L., and T. L. C, in the said order named, of the first part, W. J. L., in the said order named, of the second part, and UNDEB. THE STANNARY COrUT AMENDMENT ACT. 576. the said several persons, distributively, of the third part, and re- spectively identified by my signature in the margin of the respective engrossments of the said indentures, and of the counterparts thereof respectively, and the serial marks whereon are set forth in the first and second columns of the said schedule. The evidence produced on this proceeding consists of the affidavit of W. M., filed the , 186 — , and the several exhibit* therein referred to, and of the affidavit of C. D., filed the , 186 — , and the several exhibits therein referred to. The schedule above referred to. Serial mart on engross- ment of lease. Serial mark on engross- ment of counterpart. Name of intended lessee. la. 2a. 3a. lb. 2b. 3b. John Doe. Richard Roe. Thomas Stiles. Dated (4-c., Form 185). Note: — See note to Form 571. VIII. UNDER THE STANNARY COURT AMENDMENT ACT. 576. Summons to enrol in chancery a decree or order of the vice-warden. In Chancery. ( Title as in decree, or order.) Let {Sfc, Form 5), on the hearing of an application on the part of the above-named A. B. [Or, A. B., of {address and addition)"], that the decree [O/*, Order] made by the vice-warden of the stannaries, in a cause on the equity side of the court of the said vice'-warden, between the parties above-named {or as may be), and bearing date the — — day of , 186 — [Ot*, that so much of the decree, ^c, as orders that, S^c.'], may be enrolled on the roUs of this court. Dated (^c, Conclude as in Form 5). Note: — For an order in like case. See Seton, H48j And see Id., 1146. By section 10 of the 18 V. c. 32, amending and extending the jurisdiction of the stannary court, it is enacted that where any decree or order, whether for payment of money or otherwise, cannot be conveniently or effectually enforced by the ordinary 577. tJNDEK THE TRtTSTEES EELIEP ACTS. process of the court of the vice-warden within the jurisdiction thereof, the high court of chancery, or any Judge thereof sitting in court or at chambers, may — upon the appli- cation of a party entitled to the benefit of such decree or order, and production of a certificate from the regiistrar of the court of the vice-warden, under the seal of the court, of the said decree or order, or of such part thereof as cannot be so enforced as aforesaid, and a satisfactory affidavit of the ground of the application— make the said decree or order, or so much thereof as cannot be enforced, a decree or order of the high court ; and thereupon such decree or order, or such part thereof as aforesaid, shall and may be enforced by such proceedings and writs as if originally made by the high court. An application to the Judge at chambers under s. 10 must be made by an original summons — See Form 5 — and a duplicate thereof must be sealed there, and filed at the record and writ clerks' office ; But as the application is exparte the footnote may be omitted. IX, UISTDER THE TRUSTEES BELIEF ACTS. 577. Sketch of affidavit by truBtee for leave to pay fund into court. In Chancery. In the matter of the act of parliament 10th and 11th Victoria, chapter 96, intituled "An act for better securing trust funds and for the relief of trustees"; And of {Add the title of the particular trust, as : the trusts of a certain indenture of mort- gage, dated the day of , 18 — , and made between A. B., and C. D.). I., C. D., of (address and addition), make oath and say, as follows ; — State place for service, as: — 1. I appoint the office of my solicitors, Messrs. S. and T., situate at {State where), as the place where I am to be served with any petition or summons, or notice of any proceeding or ■order of this honorable court, or of the Judge in chambers, relating to the trust fund hereinafter mentioned. State the amount of money, stock, or securities, proposed to be paid or transferred into, or deposited in court, to the credit of the trust, as : '■ 2. Under the provisions of the act of parliament mentioned in the title of this affidavit, I am desirous of paying into the bank of england, with the privity of the accountant-general, to the credit of an account to be entitled "In the matter of the trusts of an indenture of mortgage dated the day of : , 18 — , made between A. B. and C. D.," the sum of £ d., hereinafter mentioned. Set out a short description of the trust, and of the instrument creating it, as : — 3. By an indenture bearing date the day of , 18 and made between A. B., therein described as of, .4'c.,. of the one UNDER THE TRUSTEES RELIEF ACTS. 577. part, and myself of the other part, a certain messuage, situate at , with the appurtenances, was conveyed by the said A. B. to me, my heirs and assigns, by way of mortgage, for securing to me the repay- ment, on the day of , of the sum of £ , with interest for the same at the rate of £ per cent, per annum ; and the said indenture contained a power enabling me to sell the said premises in case default should be made in such payment of the said principal money and interest ; and it was by the said indenture declared that the monies to arise from any such sale should, after retaining thereout . the expenses of executing the said power, and the said principal money and interest, be paid to the said A. B., his heirs or assigns, as I know from (4"c., State means of knowledge, as : a perusal of the said inden- ture). 4. The said A. B. died on or about the day of , and by his will, dated the day of , he appointed E. F. the solo executor thereof; and devised the said hereditaments, subject to the mortgage thereon, unto G. H. and I. K., in trust for the said E. F. for his life, and after his death upon certain trusts for sale, and for the division of the proceeds amongst the following persons, namely : the testator's son M. N. and his children or child, and the testator's daughter O., the wife of P. Q., and her children or child, as I know, ^c. 5. The said E. F. duly proved the said will in (the prerogative court of canterbury), and is still living, as I know, ^c. 6. The said G. H. never acted in the trusts of the said will, and it is not known where the said I. K. is to be found, as I know, S^c. 7. On or about the — — day of , I caused the said hereditaments comprised in the said mortgage to be eflfered for sale by public auction, under the aforesaid power of sale, at , and at such sale X. Y., of {address and addition), became the purchaser thereof at the price of £ a., and which sum I have since received of him, and I have conveyed to him the said hereditaments, as I know, SfC. 8. After retaining out of the said £ a, the costs of the said sale, and the sum of £ b., being the total amount of all principal monies and interest due to me by virtue of the said mortgage, the balance or sum of £ c. now remains in my hands ; And the sum of £ d., which I am desirous as aforesaid of paying into the bank to the credit aforesaid, is the residue of the said balance of £ c, after deducting therefrom the sum of £ e., being the costs of the payment into court of the said sum of^d. State the names of the persons interested in or entitled to the fund, to the best of the tmstee's knowledge or belief, as : — 9. To the best of my knowledge and belief, the said E. F. for his life, and on his death the said G. H. and I. K., as such trustees for sale as aforesaid, and the said M. N. for his life, and on his death his children or child, and the 578, UNDER THE TRUSTEES RELIEF ACTS. said O. P. for her life, and on her death her children or child, are the only persons interested in, or entitled to, the said fund. Add submission to answer inquiries, as : — 10. I submit to answer all such inquiries relating to the application of the said fund of £ a. as this honorable court, or the Judge in chambers, may think proper to make or direct. Sworn (4-c., Form 16). NoTK :^-See Form 15. As to the essentials of this affidavit, See 41 C. O., r. I ; And for a form of notice of the payment in, See Barry, 339. For the trustees relief act, 10 & 11 V. e. 96, amended by 12 & 13 V. c. 74, and 41 C. O. rr. 1-9, in Morgan, 52-63-4, 575-7, the cases thereon, and procedure there- under. See Seton, 771-3; Barry, 148-56-65-75-81, 338-43; Haddan, 13-14, 266-78, 356; Lewin, 264-8; 1 Smith, 1113-20; Ayckboorn, 428-35; Daniell, 1311-20 ; Tripp, 89-93, 115-6, 141. 578. Summons for a transfer, or sale, and payment of corpus — or for payment of income. In Chancery. ( Title as in trustee's affidavit.) Let (Sfc, Form 5), on the hearing of an application on the part of E. F., of (address and addition) — ^ so, in the affidavit of C. D., filed in this matter the day of , 186 — , named — , that (If so, subject to duty) the (State the precise object of the application — See Forms 461 a«d 552). State place for service, as : — The applicant appoints the office of his solicitors, Messrs. T. and S., situate at (State where), as the place where he may be served with any petition, or summons, or notice of any pro- ceeding or order of this court, or of the Judge in chambers, relating to the said trust fund. (See 41 C. O. r. 8.) Dated (^c, Conclude as in Form 5 or 7 — See note). Note: — For affidavits in support, See Forms 462, 553. By the 35 C. O. r. 1, art. 3, in Appendix A., and 41 C. O. r. 5, in Morgan, 526, 676, the persons named in the trustee's affidavit as interested in or entitled to the fund, or any of them, or the trustee, may apply by petition — or, in cases where the trust fund does not exceed £300 cash, or :e300 stock, as the case may be, by summons — as occasion may require, respecting the investment, payment out, or distribution of the fund, or of the dividends or interest thereof. An application at chambers, before any proceeding, either in court or at chambers, in the matter, subsequent to the payment in of the fund, must be made by an original summons — Form 5 — of which a duplicate must be sealed at chambers, and filed at the record and writ clerks' office, and the copies for service be sealed at such office ; But after such proceeding, an ordinary summons — Form 7 — ^is sufficient. By the 41 CO. rr. 6-7, the trustee must be served with notice of any application UNDER THE TEANSFEK OF LAND ACT, ETC. 578. to the court or Judge, respecting the fund or the dividends thereof, by any person interested or entitled, and the converse ; By r. 8, no petition is to be set down to be heard, and no summons is to be sealed, till the petitioner or applicant has first named therein a place where he may be served with any petition or summons, or notice of any proceeding or order of the court relating to the fund ; And by r. 9, petitions presented, summonses issued, and afSdavits filed under the act must be entitled in the matter of the act, 10 & 11 V. c. 96, and in the matter of the particular trust. X. UNDER THE TRANSFER OF LAND ACT, AND DECLARATION OF TITLE ACT. No forms of proceedings in chambers under the transfer of land act, 25 & 26 V. c. 53, or declaration of title act, c. 67, are here included, inasmuch as no application under either act appears to have yet been made there, and no general orders to regulate the course of procedure thereunder at chambers — which at present seems dubious — haye yet been promulgated. See the references to these acts in Appendix D. B B §.ppenbiti^s. APPENDIX A. — t — EXTRACTS FROM THE CONSOLIDATED ORDERS. Order 24 — Receivers, Security for receivers — Salary: — 1. Where an order is made direct- ing a receiver to be appointed, unless otherwise ordered, the person to be appointed shall first give security, to be allowed by the Judge to whose court the cause is attached, and taken before a person authorised to administer oaths in chancery, duly to account for what he shall receive on account of the rents and profits for the receipt of which he is to be appointed, at such periods as such Judge shall appoint, and to account for and pay the same as the court shall direct, or, as the case may be, to be answerable for what he shall receive in respect of the personal estate for the getting in and collection of which he is to be appointed, and to account for and pay tlie same as the court shall direct. And the person so to be appointed shall be allowed a proper salary for his care and pains in receiving such rents and profits, or, as the case may be, shall have an allowance made to him in respect of his collecting such personal estate. Fixing days for receivers to leave and pass their accounts, and pay their balances — Neglect of receivers : — 2. The Judge shall fix the days upon which receivers shall (annually, or at longer or shorter periods, at his discretion) leave and pass their accounts, and also the days upon which such receivers shall pay the balances appearing due on the accounts so left, or such part thereof as the chief clerk shall certify as proper to be paid by them. And with respect to such receivers as shall neglect to leave and pass their accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the Judge before whom such receivers are to account shall from time to time, when their subsequent accounts are produced to be examined and passed, not only disallow the salaries therein claimed by such re- ceivers, but also charge them with interest after the rate of £5 per BB 2 24 c. 0. rr. 3-4. 35 c. 0. r. 1. cent, per annum upon the balances so neglected to be paid by them during the time the same shall appear to have remained in the hands of such receivers. Summons to proceed upon account — Entry of account — Affidavit verifying the same. — 3. Upon a receiver's account being left in the Judge's chambers to be passed, a summons to proceed thereon shall be taken out ; and the account when passed shall be entered by the soli- citor of the receiver in books, in the same manner as heretofore; and the affidavit verifying the account so passed shall refer to it as an exhibit, and not be annexed to it. Deposit of account : — 4. When a receivership has been completed, the book containing the accounts shall be deposited in the office of the clerks of records and v^rits. Order 35 — Proceedings in cliambers. Bushiess to be disposed of in chambers : — 1. The business to be dis- posed of by the Master of the EoUs and the Vice -Chancellors respect- ively, while sitting at chambers, shall, in addition to the matters mentioned or referred to in the stat. 15 & 16 Vict. c. 80, s. 26, com- prise the following matters, that is to say : — (1.) Applications for payment to any person of the dividends or interest of any stocks, funds, or securities standing to the credit of any cause or matter depending to the separate account of such person. (2.) Applications under the stat. 36 Geo. III. c. 52, s. 32, in all cases where the sum paid into the bank or the stock transferred into the name of the accountant-general, under such section, doe» not exceed £300 cash, or £300 stock, as the case may be. (3.) Applications under the stat. 10 & 1 1 Vict. c. 96, intituled " An act for better securing trust funds, and for the relief of trustees," and the stat. 12 & 13 Vict. c. 74, intituled "An act for the further relief of trustees," in all cases where the trust fund does not exceed £300 cash, or £300 stock, as the case may be. (4.) Applications under "The trustee act, 1850," and the stat. 15 & 16 Vict. c. 55, intituled " An act to extend the provisions of 'The trustee act, 1850,'" in all cases where any decree or order shall have been made by the court for the sale or conveyance of any lands, manors, messuages, tenements, 'or hereditaments, corporeal or incorporeal, of any tenure or description, whatever may be the estate or interest therein. (5.) Applications on behalf of infants under the stat. 1 Will. IV. c. 65, ss. 12, 16, & 17, in all cases where the infant is a ward of the court, or the administration of the estate of the infant, or the maintenance of the infant, is under the direction of the court. 35 c. 0. rr. 2-9. Form of summons by Judge : — 2. The general summons for the purpose of proceedings before the Master of the Eolls and the Vice-Chancellors respectively at chambers, whether originating in chambers or not, may be in a form similar to the form set forth in schedule (K) No. I. {See ante. Form 5), with such variations as the circumstances of the case may require. Form of administration summons :— 3. The administration summons, under the stat. 15 & 16 Vict. c. 86, ss. 45 & 47, may be in a form similar to the form set forth in schedule (K) No. II. (See ante. Form 92), with such variations as the circumstances of the case may require. Form of summons bi/ chief clerk : — 4. The summons by the chief clerk under the stat. 15 & 16 Vict. c. 10, s. 80, may be in a form similar to the form set forth in schedule (K) No. III. (See ante, Form 127), with such variations as the circumstances of the case may require. Preparing, sealing, and leaving of summons : — 5. Summonses shall be prepared by the parties, and sealed by one of the clerks, at the chambers of the Judge from whose chambers they are issued, with a seal provided for those chambers ; and a copy of such summons shall be left at the Judge's chambers by the party obtaining such summons. Filing duplicate of summons, and stamping copy served : — 6. In cases of applications under the stat. 15 & 16 Vict. c. 86, ss. 45 & 47, applica- tions originating in chambers for guardianship and maintenance of infants, and all other applications originating in chambers, a duplicate of the summons shall be filed in the record and writ clerks' office ; and in cases where service is required, the copies served shall be stamped in the manner provided by the stat. 1 5 & 16 Vict. c. 86, s. 46. Time for service of summons : — 7. Where proceedings originate in chambers, the original summons shall be served seven clear days before the return thereof. All other summonses, not being summonses referred to in the 4th rule of this order, shall be served two clear days before the return thereof. Appointment of new time: — 8. Where proceedings originate in chambers, and where from any cause the summons may not have been served upon any party seven clear days before the return thereof, an indorsement may be made upon the summons, and upon a copy thereof stamped for service, appointing a new time for the parties not before served to attend at the chambers of the Judge ; and such indorsements shall be sealed at the Judge's chambers ; and the service of the copy so indorsed and sealed shall have the same force and effect as the service of an original summons ; and where any party has been served before such indorsement, the hearing thereof may, upon the return of the summons, be adjourned to the new time so appointed. Appearances:— 9. Where proceedings originate in chamber.s, the parties served shall, before they are heard in chambers, enter appear- ances in tlie record and writ clerks' officp, and give no ice thereof. 35 c. 0. rr. 10-16. Proceeding ex parte : — 10. Where any of the parties summoned to attend the Judge in chambers fail so to attend, whether upon the return of the summons or at any time appointed for the consideration or further consideration of the matter, the Judge may proceed ex parte, if, considering the nature of the case, he think it expedient so to do. Seconsideration of ex parte proceedings — Costs: — 11. Where the Judge has proceeded ex parte such' proceeding shall not in any manner be re-considered in the Judge's chambers, unless the Judge, upon a special application madie to him for that purpose by a party who was absent, shall be satisfied that he was not guilty of wilful delay or neg- ligence. And in such case, the costs occasioned by his non-attendance rshall be in the discretion of the Judge, who may fix the same at the time, and direct tliem to be paid by the party or his solicitor before he shall be permitted to have such proceeding re-considered, or make such other order as to such costs as to such Judge may seem meet. Exclusion of Claimants: — 12. Where a decree or order is made, whether in court or in chambers, directing an account of debts, claims, or liabilities, or an inquiry for heirs, next of kin, or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement, shall be excluded from the benefit of the decree or • order. Sale: — 13. Where a decree or order is made, whether in court or in chambers, directing any property to be sold, unless otherwise ordered, the same shall be sold with the approbation of the Judge to whose court the cause or matter is attached, to the best purchaser that can be got for the same, to be allowed by the Judge, and all proper parties shall join in, the sale and conveyance as the Judge shall direct. Further attendances: — 14. Where matters in respect of which sum- monses have been issued, are not disposed of upon the return of the summons, the parties shall attend from time to time without further summons, at such time or times as may be appointed for the considera- tion or further consideration of the matter. Leaving copy of decree or order : — 15. In all cases of proceedings in chambers under any decree or order, the party prosecuting the same shall leave a copy of such decree or order at the Judge's chambers, and shall certify the same to be a true copy of the decree or order as passed and entered. Summons to proceed with accounts and inquiries — Evidence of service of parties— Directions : — 16. Upon a copy of the decree or order being •left, a summons shall be issued to proceed with the accounts or inquiries directed ; and upon the return of such summons, the Judge, if satisfied by proper evidence that all necessary parties have beeU served with notice of the decree or order, shall thereupon give directions as to the manper in which each of the accounts and inquiries is to be prosecuted 35 C. 0. rr. 17-20. the evidence to be adduced in support thereof, the parties who are to attend on the several accounts and inquiries, and the time within which each proceeding is to be taken ; and a day or days may be ap- pointed for the further attendance of the parties, and all such directions may afterwai-ds be varied or added to as may be found necessary. Settling deed, in case parties differ : — 17. Where, by any decree or order, a deed is directed to be settled by the Judge in chambers in case the parties differ about the same, a summons to proceed shall be issued; and upon the return of such summons the party entitled to prepare such deed shall be directed to deliver a copy thereof, within such time as the Judge shall think fit, to the party entitled to object thereto : and the party so entitled to object shall be directed to deliver to the other party a statement in writing of his objections (if any) within eight days after the delivery of such copy ; and the proceeding shall be adjourned until after the expiration of the said period of eight days. Dispensation with service of notice of decree or order, or substitution of something else : — 18. Where, upon the hearing of the summons to proceed, it appears to the Judge that by reason of absence, or for any other sufficient cause, the service of notice of the decree or order upon any party cannot be made or ought to be dispensed with, the Judge may, if he shall think fit, wholly dispense with such service, or may, at his discretion, order any substituted service, or notice by advertise- ment or otherwise, in lieu of such service. Further accounts or inquiries — Consideration in open court: — 19. Where, in the prosecution of the decree or order, it appears to the Judge that it would be expedient that further accounts should be taken or further inquiries made, he may order the same to be taken or made accordingly, or, if desired by any party, may direct the same to be considered in open court. Only one solicitor for a class : — ^20. Where, upon the hearing of the summons to proceed, or at any time during the prosecution of the decree or order, it appears to the Judge, with respect to the whole or any portion of the proceedings, that the interests of the parties can be classified, he may require the parties constituting each or any class to be represented by the same solicitor ; and where the parties consti- tuting such class cannot agree upon the solicitor to represent them, the Judge may nominate such solicitor for the purpose of the proceed- ings before him ; and where any one of the parties constituting such class declines to authorise the solicitor so nominated to act for him, and insists upon being represented by a different solicitor, such party shall personally pay the costs of his own solicitor of and relating to the proceedings before the Judge, with respect to which such nomi- nation shall have been made, and all such further costs as shall be occasioned to any of the parties by his being represented by a different solicitor from the solicitor so to be nominated. 35 C. 0. rr. 21-24. Distinct solicitor required: — 21. Whenever, in any proceeding before a Judge in chambers, the same solicitor is employed for two or more parties, such Judge may at his discretion require that any of the said parties shall be represented before him by a distinct solicitor, and adjourn such proceedings until such party is so represented. Delay in bringiwj in decree or order directing accounts or inquiries: ' — 22. Every decree or order directing accounts or inquiries to be taken or made shall be brought into the Judge's chambers by the party en- titled to prosecute the same, within ten days after the same shall have been passed and entered ; and, in default thereof, any other party to the cause or matter shall be at liberty to bring in the same, and such party shall have the prosecution of such decree or order, unless the Judge shall otherwise direct. Neglect of receiver — or delay in prosecuting any proceeding in cham- bers : — 23. In case of default by any receiver appointed by the court in leaving or passing any account, or in making any payment, or in case any other proceeding pending at a Judge's chambers is not prosecuted with due diligence, the parties, or any of them, may be required to attend at chambers at a time to be appointed for that purpose, to show cause why such account has not been left or passed, payment made, or other proceeding prosecuted; and thereupon such directions may be given at chambers or by adjournment in open court as shall be proper to ensure the prosecution thereof by some person interested therein, and for the discharge of any receiver, and appointment of another, and for payment of the costs incurred by any neglect or default; or a certificate by the chief clerk of such neglect or default as aforesaid, or of any abandonment or abatement of the proceedings or otherwise, according to the facts, may be made and filed, without any fee being payable thereon; and after such certificate shall have been so made, unless the same shall be discharged, none of the parties shall be at liberty to further prosecute the proceeding at chambers, unless and until the court or Judge shall upon application make an order directing the same to be prosecuted ; and upon such certificate becoming binding, any party may apply to the court, and the court may make such order relative to costs, and to relieve any party from the effect of any decree or order before made or proceeding taken which shall not have been duly prosecuted, or otherwise, as may be thought proper. And for the purposes aforesaid, any party, or the solicitor of the suitors' fund, may be directed to summon the persons whose attendance is required, and to conduct any proceedings, and carry out any directions which may ba given; and the costs of the solicitor of the suitors' fund shall be paid by such parties or out of such funds as the court or Judge may direct ; and if any costs of the solicitor of the suitors' fund be not otherwise paid, the same shall be paid out of the suitors' fund. Summons and appointment booh : — 24. At the time any summons or appointment is obtained, an entry thereof shall be made in " The sum- 35 C. 0. rr. 25-32. mons and appointment book," stating the date on which the summons is issued or the appointment made, the name of the cause or matter, and by what party, and, shortly, for what purpose such summons or appoint- ment is obtained, and at what time such summons is returnable, and for what time such appointment is made. Z,ists of matters — order of hearing : — 25. Lists of matters appointed for each day shall be made out and affixed outside the doors of the chambers of the respective Judges. And, subject to any special dii-ec- tion, such matters shall be heard in the order in which they appear in such lists. Proceeding to be the same as upon motions — documents to be used : — • 26. The course of proceeding in chambers shall ordinarily be the same as the course of proceeding in court upon motions. No states of facts, charges, or discharges shall be brought in. But when directed, copies, abstracts, or extracts of or from accounts, deeds or other documents, and pedigrees and concise statements, shall be supplied for the use of the Judge and his chief clerks, and, where so directed, copies shall be handed over to the other parties. But no copies shall be made of deeds or documents where the originals can be brought in, unless the Judge shall otherwise direct. Notice of intention to use affidavit: — 27. The party intending to use any affidavit on any proceeding in chambers shall give notice to the other parties concerned of his intention in that behalf. Affidavits used in court : — 28. All affidavits which have been pre- viously made and read in court, upon any proceeding in a cause or matter, may be used before the Judge in chambers. Subpoena for attendance of toitness : — 29. Where a subpoena is re- quired for the attendance of a witness for the purpose of proceedings in chambers, such subpoena shall be issued from the record and writ clerks' office upon a note from the Judge. Examination by the chief clerk : — 30. Where a chief clerk is directed by the Judge to examine any witness, the practice and mode of proceeding shall be the same as in the case of the examination of witnesses before an examiner, subject to any special directions which may be given in any particular case. Filing of examinations and depositions — Copies thereof: — 31. The original examinations and depositions of parties and witnesses taken by or before the chief clerk, authenticated by his signature, shall be transmitted by him to the record and writ clerks' office, to be there filed ; and any party to the suit or proceeding may have a copy thereof, or of any part or portion thereof, upon payment of the proper fee. Entering of orders made in chambers: — 32. All orders made in chambers, and drawn up by the chief clerk or registrar, shall be entered in the same manner and in the same office as orders made in open court are entered. 35 C. 0. rr. 33-40. Verification of accounts — Numbering items, and referring to and leaving accounts: — 33. Where any account is directed to be taken, the accounting party, unless the Judge shall otherwise direct, shall make out his account and verify the same by affidavit. The items on each side of the account shall be numbered consecutively, and the account shall be referred to by the affidavit as an exhibit, and be left in the Judge's chambers. Surcharging: — 34. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received, shall give notice thereof to the accounting party, stating, so far as he -is able, the amount sought to be charged, and the particulars thereof, in a short and succinct manner. Number of advertisements : — 35. Where an advertisement is required for the purpose of any proceeding in chambers, a peremptory and only one shall be issued, unless for any special reason it may be thought necessary to issue a second advertisement or further advertisements ; and any advertisement may be repeated as many times and in such papers as may be directed. By whom prepared and signed: — 36. The advertisements shall be prepared by the party prosecuting the decree or order, and submitted to the chief clerk for approval, and, when approved, shall be signed by him, and such signature shall be sufficient authority to the printer of the gazette to insert the same. Appointment of day for hearing claimants — form of advertisement : — 37. Advertisements for creditors or other claimants shall fix a time for the creditors or claimants to come in and prove their claims, and shall ■appoint a day for the hearing and adjudicating thereon, and may be in a form similar to the form set forth in schedule (L) {See ante. Forms 161, 537), with such variations as the circumstances of the case may require. Claims to be entered — notice thereof, and of affidavit : — 38. Claimants coming in pursuant to advertisement shall enter their claims at the chambers of the Judge in the " Claims book," for the day appointed for hearing by the advertisement, and shall give notice thereof and of the affidavit filed to the solicitors in the cause, within the time specified in the advertisement for bringing in claims. Office copies of affidavits of claimants: — 39. The claimants filing affidavits shall not be required to take office copies ; but the party prosecuting the cause or matter shall take office copies, and produce the same at the hearing, unless the Judge shall otherwise direct. Adjournment— closing further evidence — mode of adducing same: — 40. Where, on the day appointed for hearing the claims, any of them remain undisposed of, an adjournment day for hearing such claims shall be fixed ; and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be 35 C. 0. rr. 41-47. closed ; and directions may be given as to the mode in which such evi- dence is to be adduced. Claim entered and affidavit filed before adjournment day : — 41. Any claimant who has not before entered his claim, may be heard on such adjournment day, provided he has entered his claim and filed his afB- davit four clear days prior to such day, and no certificate of debts or claims has been made in the meantime. Debts not exceeding £5 : — 42. Creditors claiming debts not exceeding £5, need not attend on the day of hearing, unless required to do so by notice from some party. Exclusion of claims : — 43. After the time fixed by the advertise- ment, no claims shall be received (except, as before provided, in case of an adjournment), unless the Judge at chambers shall think fit to give special leave, upon application made by summons, and then upon such terms and conditions as to costs and otherwise as the Judge shall think fit. List of claims allowed: — 44. A list of all claims allowed shall, when required by the Judge, be made out and left in the Judge's chambers by the party prosecuting the decree or order. Computation of interest, or apportionment of fund: — 45. Where the court directs any computation of interest, or the apportionment of any fund, which is to be acted upon by the accountant-general or other person without any further order from the court, the decree or order made by the court may direct such computation or apportionment to be made by one of the chief clerks attached to the court of the Judge, and may direct the certificate thereof, signed by such chief clerk, to be acted upon accordingly, without the same being signed and adopted by the Judge. What the certificate is to state in cases of account — Transcript of account as altered — Filing of accounts and transcripts : — 46. Where an account is directed, the certificate shall state the result of such account, and not set the same out by way of schedule, but shall refer to the account verified by the aifidavit filed, and sliall specify by the numbers attached to the items in the account, which, if any, of such items have been disallowed or varied, and shall state what additions, if any, have been made by way of surcharge. And where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as altered, such transcript may be required to be made by the party prosecuting the decree or order, and shaU then be referred to by the certificate. The accounts and the transcripts (if any), referred to by certificates, shall be filed therewith, bnt no copies thereof shall be required to be taken by any party. Certificate only to refer to order, documents, or evidence : — 47. The certificates to be made by the chief clerk to the Judge shall not, except the special circumstances of the case shall render it necessary, set out 35 C. 0. rr. 48-53. the decree ov order or any documents or evidence or reasons, but shall refer to the decree or order, documents, and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated in any such certificate is founded. Form of chief clerK s certificate — Transcript thereof : — 48. The certifi- cate of the chief clerk to the Judge may be in a form similar to the form set forth in schedule (M), with such variations as the circum- stances of the case may require ; and, when prepared and settled, it shall be transcribed by the solicitor prosecuting the proceedings, in such form and within such time as the chief clerk shall require, and shall then be signed by the chief clerk at an adjournment to be made for that purpose. But where, from the nature of the case, the certifi- cate can be drawn and copied in chambers whilst the parties are present before the chief clerk, the same shall be then completed and signed by him without any adjournment. Time for taking opinion of Judge before he ha^ signed certificate: — 49. The time within which any party is to be at liberty to take the opinion of the Judge upon any proceeding which shall have been con- cluded, but as to which the certificate of the chief clerk shall not have been signed and adopted by the Judge, shall be four clear days after the certificate shall have been signed by the chief clerk. Summons for taking such opinion : — 50. Any party desiring to take the opinion of the Judge, as mentioned in the last preceding rule, shall, within four clear days after the certificate shall have been signed by the chief clerk, obtain a summons for such purpose. Signing, by the Judge, of the chief clerKs certificate: — 51. At the expiration of four clear days after the certificate shall have been signed by the chief clerk, if no party has in the meantime obtained a sum- mons to take the opinion of the Judge thereon, the chief clerk ' shall submit the certificate to the Judge for his approval, and the Judge may thereupon, if he approve the same, sign such certificate in testi- mony of his adoption thereof, as follows : — "Approved, this day of ." Time for applying to discharge or vary certificate signed by Judge: — 52. The time within which an application may be made, by summons or motion, to discharge or vary any certificate which has been signed and adopted by the Judge in chambers, shall be eight clear days after the filing of such certificate. When chief cUrk's certificate to be acted upon by accountant-general without further order may be signed by Judge - time for applying to discharge or vary same when signed .-—53. The 49th, 50th, 51st, and 52nd rules of this order shall not apply to certificates which are to be acted upon by the accountant-general without any further order. Such cer- tificates may be signed and adopted by the Judge on the day after the same shall have been signed by the chief clerk, unless any party desiring 35 C. 0. rr. 54-59. to take the opinion of the Judge thereon, obtains a summons for that purpose before twelve of the clock on that day. And the time for applying to discharge or vary such certificates, when signed and adopted by the Judge, shall be two clear days after the filing thereof. Certificates on passing receivers' accounts :—5A. The 49th, 50th, 51st, and 52nd rules of this order shall not apply to certificates on pass- ing receivers' accounts. Such certificates may be approved and signed by the Judge without delay, and, upon being so signed, shall be filed and forthwith acted upon. Filing of certificate and accounts :— ^55. The certificate, when signed by the Judge, with the accounts, if any, to be filed therewith, shall be transmitted by the chief clerk to the report office, to be there filed. Filing of certificates of chief clerk which require no signature by Judge : —56. Certificates of the chief clerk, made as mentioned in the 45th rule, and not required to be signed and adopted by the Judge, shall be transmitted and filed in the same manner as those signed and adopted by the Judge. Register of proceedings : — 57. A register shall be kept of all proceed- ings in the Judge's chambers, with proper dates, so that all the pro- ceedings in each cause or matter may appear consecutively and in chronological order, with a short statement of the questions or points decided or ruled at every hearing. Issuing summonses in the vacation: — 58. Any Judge of the court whose chambers may be open for business during any vacation may issue summonses for the purpose of any proceeding before any other Judge at chambers after the vacation. Signing and adopting certificate of chief clerk of another Judge, and prosecution of decree or order of another Judge :-^59, In the interval between the close of the sittings after any term and the commencement of the sittings before or at the beginning of the next ensuing term, any Judge of the court may sign and adopt any certificate made by the chief clerk of any other Judge ; and decrees or orders made by any Judge of the court may be prosecuted at the chambers of any other Judge by his permission ; and in case the prosecution thereof shall not be completed during such interval, the prosecution may be continued at the chambers of the same Judge, if and so far as he shall think fit. In all cases in which any Judge signs and adopts a certificate made in pursuance of a decree or order made by any other Judge, it shall be expressed that he does so for such other Judge ; and such certificate shall in all future proceedings be deemed to be signed and adopted by the Judge for whom it is signed and adopted, save that no application to discharge or vary such certificate shall be made to the Judge for whom the same is signed and adopted, without the consent of the Judge by whom it has been signed and adopted ; and the Judge by whom it has been signed and adopted shall have the same power to discharge 35 c. 0. rr. 60-62. — 40 c. 0. rr. lo, 24. or vary the certificate as he would have had if it had been made in pursuance of a decree or order made by himself. Scandal : — 60. If any party wishes to complain of any matter intro- duced into any statement, aflSdavit, or other proceeding, before the Judge in chambers, on the ground that it is scandalous, he shall be at liberty to take out a summons for the Judge to examine such matter, and the Judge may cause any such matter which he shall deem to be scandalous to be expunged. Judge in chambers to have powers of the masters : — 61. All other powers and authorities which at the time of the passing of the stat. 15 & 16 Vict, c. 80, were exercisable by the masters in ordinary of the court of chancery, under or by virtue of any general order or orders of the court, may be exercised by the Judge in chambers. Power of court or Judge as to time and course of proceeding : — 62. The power of the court and of the Judge in chambers to enlarge or abridge the time for doing any act or taking any proceeding, and to give any special direction as to the course of proceeding in any cause or matter, shall not be affected by this order. Order 4D— Costs. Impertinent or unnecessary/ matter in statements, affidavits, Sfc, used in Judge's chambers : — 10. Where it appears to the Judge in chambers that any statement, affidavit, or other proceeding before him, contains impertinent or unnecessary matter, he may (without any application made to him for the purpose) disallow such matter, and the chief clerk shall distinguish by his initials in the mai'gin the parts so disallowed, and shall state such disallowance in his report or certificate as to the particular inquiry on which such statement, affidavit, or other proceed- ing shall have been used before him ; and in the taxation of costs, no costs shall be allowed to the party by or on whose behalf such state- ment, affidavit, or other proceeding was brought into the Judge's chambers, for or in respect of the matter so disallowed ; and the taxing- master shall allow to the other parties to the suit or matter all such costs as have been incurred by or occasioned to them by reason of the matter so disallowed ; and such costs sliall be paid by the party by or on whose behalf such statement, affidavit, or other proceeding, was so brought in. Establishing a debt: — 24. A creditor who has come in and esta- blished his debt in the Judge's chambers, under a decree or order in a suit, shall be entitled to the costs of so establishing his debt; and the sum to be allowed for such costs shall be fixed by the Judge, unless he shall think fit to direct the taxation thereof; and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established. 40 C. 0. rr. 25-S9. Taxation of costs by direction of a Judge : — 25. Where an account consists in part of any bill of costs, or where the Judge is authorised to fix the amount of costs under the 24th rule of this order, the Judge may direct the taxing-master to assist him in settling such costs, not being the ordinary costs of passing the account of a receiver ; and the taxing-master, on receiving such direction, shall proceed to tax such costs, and shall have the same powers, and the same fees shall be payable in respect thereof, as if the same had been referred to the taxing-master by an order, and he shall return the same, with his opinion thereon, to the Judge by whose direction the same were taxed. Transmission of books, papers, and documents by the Judge's chief clerk to the taxing-master — And return thereof: — 26. Where, upon the taxation of any bill of costs, it appears to the taxing-master that, for the purpose of duly taxing the same, it is necessary to inspect any books, papers, or documents relating to the cause or matter in the chambers of any Judge, the taxing-master shall be at liberty to request the chief clerk of such Judge to cause the same to be transmitted to the office of the taxing-master ; and also to request such chief clerk to certify any proceedings in the said chambers which may be comprised in the bill of costs under taxation ; and in such cases the chief clerk, when and so soon and at and for such times as the due transaction of the business at the said chambers will permit, shall direct such books, papers, and documents to be transmitted to the office of the taxing-master for his use during the taxation, and shall certify the proceedings which have taken place in the said chambers according to the request of the taxing- master ; and after the costs in respect of which such request of the taxing-master was made shall have been certified, the taxing-master shall cause the same books, papers, and documents which have been so transmitted to his office, if then remaining there, to be returned to the chambers of the Judge. Memorandum of transmission and return thereof: — 27. When any book, paper, or document shall be transmitted from the chambers of a Judge to the office of a taxing-master, a memorandum of such trans- mission shall be made and signed by the taxing-master or the clerk of the taxing master at whose request such book, paper, or document may be transmitted, and shall be delivered to the chief clerk of such Judge ; and when any such book, paper, or document shall be returned from the office of the taxing-master to the Judge's chambers, a memorandum of such return shall be made and signed by such chief clerk, or by one of his clerks, and shall be delivered to the taxing-master. Parties attending chambers without leave : — 28. Parties attending any proceeding in chambers, without having obtained the previous leave of the Judge to attend the same, shall not be allowed any costs of such attendance, unless by special order of the court or. Judge. Counsel attending chambers : — 29. The costs of counsel attending the 40 c. 0. rr. 30-31. Judge in chambers shall not in any case be allowed, unless the Judge certifies it to be a proper case for counsel to attend. Costs where drafts are settled by other counsel, in addition to the con- veyancing counsel of the court: — 30. Where, in pursuance of any direction by the court or a Judge in chambers, drafts are settled by any of the conveyancing counsel of the court, the expense of procuring such drafts to be previously or subsequently settled by other counsel on behalf of the same parties on whose behalf such drafts are settled by the conveyancing counsel of the court, shall not be allowed on taxa- tion as between party and party, or as between solicitor and client, unless the court or the judge in chambers shall otherwise direct. Costs occasioned hxj absence of party, where Judge does not 'proceed ex parte : — 31. Where a proceeding in chambers fails, by reason of the non-attendance of any party, and the Judge does not think it expedient to proceed ex parte, the Judge may order such an amount of costs (if any) as he shall think reasonable, to be paid to the party attending, by the absent party or by his solicitor personally. APPENDIX B. REGULATIONS TO BE OBSERVED IN THE CONDUCT OF BUSINESS AT THE CHAMBERS OF THE MASTER OF THE ROLLS AND VICE-CHANCELLORS : ISSUED BY THEIR ORDER 8th AUGUST, 1837. Alterations in summonses : — 1. Summonses are not to be altered after they are sealed except upon application at chambers, and any alterations then made wiU be marked with the seal of such chambers. Applications for time : — 2. Upon applications for time to answer, a printed copy of the biU and the interrogatories to be answered, are to be produced. Adjournments to chambers : — 3. Whenever any matter is adjourned from the court to chambers, or any directions are given in court, to be acted upon at chambers, whether upon a matter adjourned into court from chambers or upon any other occasion, without an order being drawn up, a note signed by the registrar, stating for what purpose such matter is adjourned to chambers, or the directions given, is to be procured from the registrar, and left at chambers. Numbering directions : — 4. In drawing up decrees and orders to be left at chambers the solicitors are to take care that every account, inquiry, sale, direction to appoint receiver, and other direction to be answered at chambers, is numbered consecutively according to the form set forth in the schedule C, referred to in the general order. No. 8, of 16th October, 1852 (now schedule D. to the C. 0.), and that the other directions are not numbered. Leaving print of bill : — 5. At the same time that any decree or order made in a suit instituted by bill or claim is left at chambers, a print of the bill or claim is to be left. Note of solicitor^ names : — 6. A note stating the names of the soli- citors for all the parties, and showing for which of the parties such solicitors are concerned, is to be left at chambers with every decree or order. cc judges' EEGtULATIONS, rr. 7-11. Evidence on applications for directions as to serviceof notice of decree: — 7. For the purpose of procuring the direction of the Judge as to the manner of serving notice of a decree or order, pursuant to the 5th general order of Ist June, 1854 (now the ,7 C. 0. r. 5), the plaintiff is to make an exparte application bj summons, and thereupon to show hj affidavit as far as he is able — I. With respect to infants : The ages of the infants. Whether they have any parents or testamentary guardians, or guardians appointed by the court of chancery. Where and under whose care the infants are residing, at whose expense they are maintained, and in case they have no father or guardian who are their nearest relations. And that the parents, guardians, relations, or persons upon whom it is proposed to serve the notice, have no interest in the matters in question, or if they have, the nature of such interest, and that it is not adverse to the interests of the infants. II. With respect to persons of unsound mind not found so by inquisition : Where and under whose care such persons are residing, and at whose expense they are maintained. Who are their nearest relations, and that such relations, or person upon whom it is proposed to serve the notice, have no interest in the matters in question, or if they have, the nature of such interest, and that it is not adverse to the interest of the persons of unsound mind. Certificate of service — Order for leave to attend proceedings : — 8. A copy of every certificate by a record and writ clerk of the entry of a memorandum of service of notice of a decree or order, and of every order giving liberty to a person served with such notice to attend the proceedings, certified by the solicitor, is to be left at chambers. Notice of entry of claim : — 9. Upon the notice of a claim having been entered at chambers by a creditor or other claimant served upon the solicitors in the cause, the number of the entry of the claim is to be stated. Alterations in accounts : — 10. Every alteration in an account verified by affidavit to be left at chambers is to be marked with the initials of the commissioner or officer before whom the affidavit is sworn, and such alterations are not to be made by erasures with the knife or other instrument. Exhibits : — 11. Accounts, extracts from parish registers, particulars of creditprs' debts, and other documents referred to by affidavit, are judges' eeguiations, rr. 12-19, not to be annexed to the afi&davit, or referred to in the affidavit as annexed, but are to be referred to as exhibits. Certificates on exhibits : — 12. Every certificate on an exhibit referred to in an affidavit signed by the commissioner or officer before whom the affidavit is sworn, must have the short title of the cause or matter. Affidavits as to reserved bids: — 13. Affidavits for the purpose of enabling the Judge to fix reserved bids are to state the value of the property, by reference to an exhibit containing such value, so that the value may not be disclosed by the affidavit when filed. Certified prints of particulars : — 14. As soon as particulars and con- ditions of sale settled at chambers have been printed, two prints thereof, certified by the solicitor to be correct prints of the particulars and conditions settled at the Judges' chambers, are to be left at chambers. Affidavit of result of sale : — 15. An office copy of the affidavit of the person appointed to sell, of the result of the sale with the bidding-paper and particulars therein referred to, are to be left at chambers at least one clear day before the day appointed for settling the certificate of the result of the sale. Leaving receivers' accounts: — 16. Receivers' accounts are to be delivered at chambers on or before the day appointed for that purpose, .and in default the receiver will be liable to the consequences imposed by the general order of 23rd April, 1796 (5ee now 35 C. 0. r. 23, ante). Form of copies : — 17. All accounts, copies, and papers, left at chambers, are to be written upon foolscap paper bookwise, unless the nature of the document renders it impracticable to do so. Summons for further consideration: — 18. When any cause ori- ginating in chambers shall, at the original or any subsequent hearing thereof, have been adjourned for further consideration, such cause may, after the expiration of eight days, and within fourteen days from the filing of the certificate of the chief clerk of the Judge to whose court the cause is attached, be brought on for further consideration by a summons, to be taken out by the plaintiff or party having the conduct of the cause, and after the expiration of such fourteen days, by a summons, to be taken out by any other party. And such summons is to be in the form prescribed by the order No. 1. of the 16th October, 1852, and set forth in the schedule A thereto (now schedule K., No. 1; to the C. O. — ante. Form 190) ; and the object of the application may be stated as follows : — " That this cause, the further consideration whereof was adjourned by the order of the day of ^—, 186 — , may be further considered." This summons is to be served six clear days before the return. Evidence on applications for guardians and maintenance : — 19. Upon applications for the appointment of guardians of infants and allowance for maintenance, the evidence is to. show — c c2 judges' kegtjlations, rr. 20-21. 1. The ages of the infants. 2. The nature and amount of the infants' fortunes and inr comes. 3. What relations the infants have. Evidence on applications under the infants' settlement act: — 20. Upon applications to obtain the sanction of the court to infants making settle- ments on marriage, under the act of 18 & 19 Vict. cap. 43, evidence is to be produced to show — 1. The age of the infant. 2. Whether the infant has any parents or guardians. 3. With whom or under whose care the infant is living, and if the infant has no parents or guardians, what near relations the infant has. 4. The rank and position in life of the infant and parents. 5. What the infant's property and fortune consists of. 6. The age, rank, and position in life of the person to whom the infant is about to be married. 7. What property, fortune, and income such person has. 8. The fitness of the proposed trustees, and their consent to act. The proposals for the settlement of the property of the infant, and of the person to whom such infant is proposed to be married, are to be submitted to the Judge. Evidence on applications to appoint guardians under the settled estates acts: — 21. For the purpose of procuring the appointment of a guardian to infants under the act of parliament of 19 & 20 Vict. cap. 120, and the 10th general order of 15th November, 1856 {now the 41 C. O. r. 23), a summons should be taken out in the names of the infants by a next friend, in the form used for originating proceedings in chambers, intituled in the same manner as the petition or intended petition, that , or some other proper person or persons, may be appointed guardian or guardians of the said infants, for the purpose of making an application on behalf of the said infants [or, consenting on behalf of the said infants to an application] to the court, under the provisions of the above act. In case the application to the court is to be made pn behalf of the infants, the guardian must be appointed before the petition is presented. If the guardian is to consent to an applica- tion, the guardian may be appointed either before or after the petition is presented. Upon the application to appoint such guardian, the fol- lowing evidence is to be adduced : — 1. The age of the infant. 2. Whether he has any parent, testamentary guardian, or guardian appointed by the court of chancery. JtDGES' HEGULATIONS, rr. 22-24, 3. Where and under whose care the infant is residing, and at whose expense he is maintained. 4. In what way the proposed guardian is connected with the infant, and why proposed, and how qualified to be appointed. 5. That the proposed guardian has no interest in the intended application, or if he has, the nature of his interest, and that it is not adverse to the interest of the infant. 6. The consent of the guardian to act. 7. The nature of the intended application to the court. Evidence on application for leave to make or consent to an applica- tion under the settled estates acts: — 22. For the purpose of procuring the direction of the Judge for leave to make or consent to an application on behalf of infants or lunatics under the said act of 19 & 20 Vict. cap. 120, and the 10th general order of 15th November, 1856 {now the 41 C. O. r. 23), a summons is to be taken out after the petition is presented in the ordinary form, entitled in the same manner as the petition, by the guardian of the infants or committee of the lunatic, that he may be at liberty on behalf of the infant or lunatic to make the application [or consent to the application] to the court proposed to be made by the petition presented to the Lord Chancellor [or Master of the Rolls] on the day of . Upon this application the guardian or committee should make an affidavit that he believes it to be proper and for the benefit of the infant or lunatic that the application proposed to be made should be made [or consented to] on behalf of the said infant or lunatic, and such other evidence, if any, should be adduced, as the circumstances of the case may require, to show the propriety of the application so far as the infant or lunatic is concerned, and the petition should be produced. Application for directions as to notices under the settled estates acts: — 23. For the purpose of procuring the directions of the Judge, pur- suant to the 3rd general order of the 15th November, 1856 {now the 41 C. O. r. 16), a summons is to be taken out after the petition has been answered, intituled in the same manner as the petition, that directions may be given in what newspapers the notices required by the act are to be inserted. The petition is to be produced on the return of the summons, and the Judge's direction will be written on the petition and signed by his chief clerk. Forms: — 24. The forms set forth in the schedule hereto are to be adhered to, and only to be varied in so far as may be necessary to meet the circumstances of the case. Note :— As to the foregoing regulations being discretionary, and not obligatory, See He Hargreave, 7 W. R. 156 ; Re Longstaffe, 8 W. R. 491 ; The forms in the •judges' KEGULA.TIONS — FORMS. schedule to the regalations vill be fonnd in the present work, according to tlie fol- lowing key : — Numter of form to the regnlations. Numher of corresponding form in this work. Numher of form to the regulations. Number of corresponding form in this work 1. 3. 3. 4. 5. 6. 7. 8. 9. 10. 19, 95. 20. 480. 155. 180. 156. 268-277. 335. 177. 178. 11. 12. 13. 14. 15.1 16. J 17. 18. 19. . 179- See 194. 389. 398. , . Appendix C., No, 1. 402. 442. 575. APPENDIX C. T. TABLE OF COSTS IN A RECEIVEESHIP. 1. Beceirer's costs of appointment and passing acconnt. Term 186—. Instructions for, drawing and engrossing recog-" nisance ....'. Attending summons when same settled, and attending at Judge's chambers for allowance thereof ..... Copies of draft for parties to whom copies are directed to be handed .... Paid for stamp and parchment . Instructions for affidavit of sureties Drawing and engrossing same, fo. 4 Attending sureties on their being sworn thereto Paid oaths, filing, and for office copy Making appointment with receiver and his sure- ties, and attending them on acknowledging recognisance ..... Paid thereon . ... Attending to enrol recognisance . Paid enrolling . . Attending at Judge's chambers when order ap- pointing receiver made Paid for order . . Attending passing and to enter same Copy order for the Judge Letters, &c. ..... If the order appoints the receiver subject to his giving security, the Jbllowing will be the charges in lieu of the above : — Copy order for the Judge Lower scale. £■ s. d. I 15 2 2 6 8 6 8 5 4 5 4 6 8 6 8 13 4 Higher scale. £ s. d. 2 12 6 13 4 6 8 6 8 7 6 7 6 6 8 13 4 10 .0 1 6 8 13 4 2 6 2 6 5 5 2 6 2 6 COSTS IN A EECEIVEESHIP. Preparing summons to proceed, and attending to get same filled up and sealed at chambers Paid stamp ..... Copy summons to leave at chambers Copies to serve and service thereof on parties having leave to attend .... Attending thereon .... {The same charges as above relating to the recognisance.) ' Making copy certificate, fo. 6 . . Copies for the parties to whom copies are directed to be handed ..... Attending adjourned summons when certificate settled ...... Transcribing certificate .... Paid for stamp ..... Attending appointment to sign . Attending to bespeak and for ofllce copy certificate Paid for office copy .... Letters, &c. ..... Lower scale, r £ s. d. 6 8 1 2 6 8 2 6 8 2 1 6 8 6 8 2 5 Higher scale. £ s. d. 6 8 3 2 13 4 2 13 4 2 1 6 8 6 8 2 5 Term 186—. Drawing receiver's first account and copy fo. — , per folio ..... Preparing summons to proceed thereon, and at- tending to get same filled up and sealed at chambers . . . . . Paid stamp ..... Copy summons to leave at chambers Copies and services on plaintiff and each defend- ant having leave to attendant . Copies of account for parties to whom copies are directed to be handed .... Attending summons when account passed and costs settled . . . . Entering account and duplicate in books Paid for books ..... Instructions for affidavit verifying account and duplicate . . ... Drawing and engrossing same, fo. 5 Preparing two exhibits .... Attending receiver on his being sworn . Paid oath and two exhibits Paid filing and for office copy 8 6 8 1 2 6 8 6 6 8 6 2 2 6 8 6 4 2 1 4 6 8 3 2 4 COSTS IN A EECEIVEESHIP. Making copy draft certificate of passing account, fo. 8 Copies for parties to whom copies are directed to be handed .... Attending settling draft certificate Transcribing certificate . Paid stamp .... Paid per-centage on £ Attending appointment to sign certificate Attending to bespeak and for office copy Paid for office copy Drawing this bill of costs and copy, fo. 8 Copies for parties to whom copies are directed to be handed .... Attending to procure balance to pay into court Attending accountant-general for directions to pay balance into the bank, and attending to pay same and to file cashier's receipt (a« allowed hy order of ZQih Jan. 1857 — See now the second schedule to the regulations as to fees, subjoined to the C. O.y ..... Paid for office copy certificate of payment Letters, &c. ..... Lower scale. £ s. d. 2 8 6 8 2 8 10 6 8 6 8 2 8 5 4 6 8 1 8 5 Higher scale. £ s. d. 2 8 13 4 2 8 1 6 8 6 8 2 8 5 4 6 8 1 8 10 2. Plaintiflf's or defendant's costs of passing receiver's account. '' Term 186—. Attending summons when account passed and costs settled ..... Attending settling certificate . . . 6 8 13 Drawing this bill of costs and copy, fo. 4 .02802 Copies for parties to whom copies are directed to be handed ..... Attending appointment to sign certificate . 6 8 6 Letters, &c. . . • . .05005 Note:— For the above table, See Judges' Reg., Forms 15 and 16, in Bloxam, 32, 51 ; Morgan, 726. 6 8 2 8 6 8 5 IL TABLE OF FEES COLLECTED IN CHAMBERS. For every original summons for the purpose of proceedings originating in chambers . For every duplicate thereof For every other summons For every order drawn up by the chief clerk, made upon applications for time to plead, answer, or demur — for leave to amend bills or claims — or for enlarging publication, or the period for closing evidence For every other order drawn up by the' chief clerk For every advertisement .... For every certificate or report For every certificate upon the passing of a receiver's or consignee's account, a further fee in respect of each £100 of the net balance received by such receiver or consignee, after deducting all necessary outgoings for rents, taxes, rates, repairs, and management of the property . . . • For every oath, affirmation, declaration, or attes- tation upon honor . . . • THE JUDGES' Lower scale. £ s d. 5 1 10 1 10 1 10 16 Higher scale. £ $. d. 5 5 3 5 10 1 10 10 16 Note : — For the above table, See 39 C. O., and fourth schedule to the regulations suhjolned, in Morgan, 554-6, 640-1, 654. In practice the fees of Is. lower scale, and 5s. higher scale, imposed as ahove for every order, are understood to apply also to orders on the following applications : For leave: to file a voluntary answer — or to amend an original summons — or to amend interrogatories. To enlarge the time : to amend a bill under an order to amend — or to obtain an order to amend — or to file exceptions to an answer for insufficiency — or to file replication — or to cross-examine witnesses — or to file affidavits in oppo- sition to a motion for decree, or in reply APPENDIX D. TABLE OF PUBLIC STATUTES CONFERRING A SUMMARY JURISDICTION ON THE COURT OF CHANCERY. Statute. Subject. Mode of application. Remarks. 9 & 10 W. 3, 0. Submission to Motion. See Seton, 1 122-5 ; Daniell, 15, s. 2. arbitration. 1375; 1 6rant,.512-4. 6 Anne, c. 18, Production of Motion. See Seton, 521-2; Barry, ss. 1-5. tenants for 292-6, 367-9; Daniell, life. 1373-5; 1 Smith, 1147; W.P.R.P. 21 ; TheM.R. has no jurisdiction, Mey- rick V. Laws, 5 W. R. 746. 36 G. 3, >;. 52, Legacies of in- Cash to be paid into See note to Form 552, ante. s. 32, amend- fants and ab- court on legacy ed by 37 G. 3, sentees. duty receipt; Stock u. 135. to be transferred into court under order on petition or motion ; Fund to be dealt with in cases within 35 C. O. r. 1, art. 3, on summons; in other cases, on pe- tition or motion. 41 G. 3, c. 90, Enforcing de- Motion. SeeSeton,1145,8; 1 Smith, s. 6. crees of Irish 186-7,888-91; 2 Id. 221; chancery. Braithwaite, 477-9. 42 G. 3,0.116, Land tax re- Petition. See Daniell, 1376-7 ; Seton, ss. 58, 60, 100. demption. 491-2. 52 G. 3,c 101. Charities. Petition. See note to Form 531, ante. 56 G. 3, c. 60, Unclaimed Petition. See Seton, 1106-9; Barry, ss.5,7, amend- stock and di- 299-301,, 371 ; Daniell, ed by8&9V. vidends. 1377-8; 1 Smith, 1148. c. 62, s. 3. ; STATUTES CONFEEEING JUEISDICTION. Statute. 4 G. 4, c. 76, s. 17. 1 W. 4, c. 6.9, ss. 12, 16-18, 22,26,32,3.9. 3 & 4 W. 4, c. 74, ss. 33, 48. 4 & 5 W. 4, c. 29, s. 2. 2 & 3 V. u. 54. 3 & 4 V. c. 77, s. 21. 4 & 5 V. c. 35, ss. 73, 74; 6 & 7 V. c. 23, ss. 12, 14; 15 &16V.C. 51, ss. 39, 43, 44. 5 v. sess. 2, c. 20, ss. 29, 30, 32-35. 5 V. sess. 2, c. 26, 5. 12; 23 &24V.C.124, ss. 29, 36-8. 5 & 6 V. c. 94, ss. 25-30; 22 &23 V. c. 21, s. 8 ; 23 & 24 V. c. 112, ss. 20-4, 45-6. 6 & 7 V. c. 58. ss. 23, 25, 27- 29. Subject. Marriages. Infants and femes covert property laws consolidation. Protector of settlement Investment on mortgage of Irish estates. Custody of in- fants. Grammar schools. Enfranchise- ment of copy- holds. Victoria park. Ecclesiastical property. Defence acts. Admiralty lands pur- chase. Mode of application. Petition. Petition or motion under s. 12 ; Peti- tion under ss. 16- 18, 26, 32; And summons in cases under ss. 12, 16, 17, within 35 C. O. r. 1, art. 5. Motion or petition. Petition. Petition. Petition. Petition. Petition under ss. 29, 35 ; Motion or petition under s. 33. Petition. Motion, petition, or summons. Petition or motion. Remarks. See Seton, 733-4 ; 1 Smith, 1152. See Seton, 695-8, 721-2 ; Barry, 53-8, 320 ; 1 Smith, 1139-42; Daniell, 976; And note to Form 518, ante- See Seton, 522-5; Barry, 302-5, 373 ; Daniell, 1379-81. See Seton, 525-7; Barry, 306, 374-6 ; Daniell, 1381-2. See Seton, 713-8; Morgan, 1-4 ; Barry, 59-70, 322. See Daniell, 1341 ; Seton, 359 ; Barry, 40-1. See Seton, 1094-7-8; Rouse's Enf. Man. 195-7, 215, 217, 245-6.. See Seton, 1098-1100-1. See note to Form 546. ante. STATUTES CONFBRKIN& JTJKISDIOTION. Statute. Subject. Mode of application. 6 & 7 V. c. 73, ss. 37-43. 8 & 9 V. c. 18, ss. 69-71, 73, 74,76,78,80, 83. 8 St 9 V. c. 56, ss.3-7s9&10 V. c. 101, s. 20. 8 & 9 V. 0. 70. 9 & 10 V. c. 20, ss. 2, 4, 5. 9& lOV. C.38, ss. 41-47. 9 & 10 V. c. 39, ss. 44—45, 47— 50. 10&11V.C.24, ss.24r-25,27- 30. 10&11V.C.96, amended by 12 & 13 V. c. 74. Solicitors' costs. Lands clauses consolidation act 1845. Drainage. Church build- ing act amendment. Private bill de- posits. Battersea park. Chelsea bridge and embank- ment. Portland har- bour. Trustees relief. Petition. Petition. Petition. Petition. Remarks. See Seton, 831-52; Morgan, 5-26 ; Barry, 71-109, 325-8; 1 Smith, 128-160; DanieU, 1351-72; Tripp, 75, 76, 124; Ayckbourn, 651-64. See Seton, 1063-75-91 ; Morgan, 29-50; Barry, 110-13-47, 328-38; Da- niel!, 1345-51; Tripp, 87, 114, 140; And introduc- tion to Part xviii., ante. See Gen. Ord. 4 Mar. 1846, and C. O. Prel. Ord. l,art. 3, and appendix; Morgan, 333, 671; 2 Smith, 369- 73 ; Seton, 527 ; DanieU, 1384. See DanieU, 1341. Fund to he paid, transferred, or de- positedgOn warrant of private biU clerk; And dealt with on petition. Petition under ss.4 1 , 42, 47 ; Motion or petition under s. 44. Petition underss. 44, 50 ; Motion or pe- tition under s. 47. Petition under ss.24, 30 ; Motion or pe- tition under s. 27. Fund to be paid or transferred into court on affidavit ; And dealt with in cases within 35 C. O. r. 1, art. 3, on summons; In other cases, on petition. See Seton, 1103-4-6. See notes to Forms 577, 578, ante. STATUTES CONFEREING JUKISDICTION. Statute. Subject. Mode of application. Remarks. H&12V.C.53, ss. 37-43. 12&13V;C.77, s. 14. 13&14V.C.35, ss. 1-17. 13&UV.0.35, ss. 19-25, a- mendedby 23 & 24 V. c. 38, s. 14. 13&14V.C.60, amended by 15 & 16 V. c. 55. 16 & 17 V. c. 137, amended by 18 & 19 V. c. 124, and 23 &24V.C.136. 17 & 18 V. c. 104, ss. 62-5. 17 & 18 V. c. 125, ss. 12, 15-17. 18&19V.C.32, s. 10. Windsor castle improTements. Enforcing de- crees of Irish incumbered estates court. Special cases. Indemnity against debts and liabilities. Trustee acts. Charitable trusts. Merchant ship- ping. Arbitration. Enforcing de- crees of stan- nary court. Petition under ss;37, 43 ; Motion or pe- tition under s. 40. Motion. Special case. Motion, petition, or summons. Summons in cases ■within 35 C. O. r. 1, art. 4; Petition in other cases. Summons, on certi- ficate under s. 18 of c. 137. " Petition or other- wise," under s. 65. Summons under ». 12, or (?) motion under s. 1 7. (?) Motion— Or summons. See Seton, 1146; Braith- •waite, '480-3 ; 1 Smith, 187 ; 2 Id. 221. See Seton, 30-4 ; Morgan, 109-17; 1 Smith, 1096- 1104; Barry, 182-96,344; Ayckboum, 513-25 ; Braithwaite, 103-6 ; Da- mell,416-26; Tripp, 138, 145; Lewin, 260. See note to Form 535, ante. See Seton, 790-825; Mor- gan, 65-109; Barry, 197- 260; Lewin, 670-97; 1 Smith, 1120-8 ; Ayck- boum, 586-93; And notes to Forms 218, 380, ante. See 41 C. O. rr. 10-13; 25&26 V. c. 112; And note to Form 531, ante. See Seton, 932-3-6. See 23 C. O. r. 23 ; And Seton, 1122-7; Braith- waite, 552-4 ; Daniell, 1375. See note to Form 576, ante. STATUTES C0NFEBR1N& JUKISDICTION. 18&19V.0.43. \9 & 20 V. c. 120, amended by 21 & 22 V. c. 77. 22 v. c. 19, ss. 30,31,33,35, 36. 22&23V.C.16, ss. 30, 31, 35, 36, 39. 22&23V.C.35, s. 30, and 23 & 24 V. c. 38, s. 9. 23&24V.C.34. 23 & 24 v. e. 124, ss. 36-8. 25&26V.C.53. 25&26V.C.67. Settlements by infants. Settled estates. Public offices, &c., exten- sion. Probate, &c., courts site. Judicial opini- OQS. Petition of right. Enfranchise- ment of church leases. Transfer of land. Declaration of title. Petition. Motion under s. 20; Summons under s. 36 ; Motion, or summons under s. 38; And petition in other cases. Petition under ss. 30, 31, 36 ; Motion or petition under s. 33. Petition. Petition or sum- mons. Petition. Petition. Summons, s. 134 ; AndEeess.41,121. Petition. See note to Form 523, ante. See notes to Forms 554, 555, 561, :563, 571. See Gen. Ord. 20 March, 1861 ; And note to Form 548, ante. See Gen. Ord. 1 Feb. 1862, in 8 Jur. n. s. Part 2, 283 ; Seton, 1112; 1 Smith, 1156. See Sugd. V. & P. 505- 511; Lewis Pis. 453-464; Smith Prac. Conv. 139- 177; And Bruce, Gough, Jones, Miller, Peachey, and Urlin and Key, on the act. See Sugd.V.& P. 505,511- 4 ; Smith Prac. Conv. 177-181; And Bruce, Gough, Jones, Peachey, and Urlin and Key, on the act. STATUTES CONFERRING JURISDICTION. Statute. Subject. Mode of application. Remarks. 25&26V.C.89. Companies act. Petition to wind up, See Gen. Ord. Nov. 11 ss.82,148;(?)Snm- 1862; And notes to mons under ss. 32, Forms 541, 544, ante. 43 ; Motion or summons under s. 35 ; Petition or mo- tion, or (if Judge so directs) sum- mons, under ss. 137, 138, 141; Pe- tition under ss. 167, 168; Motion un- der s. 197. 25 St 26 V. 0. Disposition of Petition. See Seton, 1284 ; 1 N.R. 13, 108, s. 2. land or mi- 469; 2N.R.442; 11 W. nerals, sepa- R.19;9Jur.n.s.349;And rately. note to Form 231, ante. Note : — As to the foregoing Table, See Introduction to Part xviii., ante. Iltb^jr. ABROAD. Affidavit supporting application for leave to serve bill (and interroga- tories), 26. Summons for leave to take infant, 513. service of bill (and intettogatories), 25. • notice of decree, 104. ABSCONDING DEFENDANT. Affidavit supporting application for leave to require appearance by, 28. Notice to appear, 29. Summons for leave to appear for, 27. require appearance by, 30. ABSTRACT OF EVIDENCE to accompany a pedigree, 153. ABSTRACT OF TITLE. Affidavit verifying, 442. Condition of sale as to commenceihent- of, 309. delivery of, 273. where title common, 281 (a), lots small, 281 (b), (c). Summons for delivery of, to purchaiser, 358. ACCOUNT STATED. Affidavit of debt due on, 172 (19). ACCOUNTS. Note as to, 135 (n). 1. In Generai,: Affidavit to ground attachment for not leaving, 143. verifying, 136. Certificate of account being left, 144. Form of, 135. - Four-day order to leave, 141. Indorsement on copy order for service, 142. Notice of leaving, 137. surcharge, 147. Order for time to leave, 139. to leave, 141. Petition for discharge from custody on leaving, 145. Summons for books to be taken as prima facie evidence, 148. four-day ordei? to leave, 140. time to leave, 138. Surcharge against an accounting party, 146. 2. In particoxar; See the titles: Annuities. — Debm. — Debts AND liabilities.' — Fune- KAL EXPENCES. — LEGACIES. — MORTGAGE SUITS. — OcTSTANDINO ESTATE. — PaRTNEBSHIP SUITS. — PERSONAL ESTATE RECEIVER. — Bents and Profits. D D I INDEX. ACCOUNTS AND INQUIRIES in administration suits, 154-195. ACKNOWLEDGMENTS BY MARRIED WOMEN. Affidavit of search for, 448 (5). Note as to, Id. ACT OF PARLIAMENT, BILL FOR See: Bnx fob an act of Fabuament. ACTS OF PARLIAMENT conferring a summary jurisdiction. Table of. Appendix D. ADDITIONAL ACCOUNTS AND INQUIRIES. Example of an additional inquiry, 453. Note as to, 452 (n). Summons to add to a decree or order, 452. ADJOURNMENT TO CHAMBERS. Note as to, 454 (n). Summons to proceed on adjourned petition, 454, 524. ADJOURNMENT TO COURT, NOTE OF of summons for furthei: consideration, 191. to vary certificate, 189. ADMINISTRATION, LETTERS OF Mode of describing, 96. Notice to produce, 94. ADMINISTRATION SUMMONS. Affidavit in support of, by a creditor, 96. legatee, 98. next of kin, 99. person interested in realty, 97. of service of, 95. Form of, 92, 93. Note as to, 92 (n). Notice to produce probate or letters of administration, 94. Order to amend, 9. - Summons to amend, 8. ADMINISTRATOR. Affidavit by, verifying his account, 157. supplemental account, 158, Mode of describing, 7 (n). Negative affidavit by, 159. And see : Debts. — Pebsonai. estate. ADMISSION OF RECEIPT OF CONVEYANCE by one purchaser, 378. several purchasers, 379. Note as to, 378 (n). ADMISSION TO COPYHOLDS. Summons for leave to take, 407. ADVANCE IN BIDDING. Conditions of sale as to, 268, 278. ADVERTISEMENT for elaimants of debts or liabilities, 537. ■fliere particulars only required, 538. creditors, 161. heir and next of kin, 150. incumbrancers on real estate, 161. Notice to claimants to prove, 539. under 22 & 23 V. e. 35, s. 29, 540. of intended sale, 316, 317. by tender, 342. INDEX. 3 AFFIDAVIT. Absconding defendant: supporting application for leave to require appearance by, 27. Account: negative, 159, 183, 184. to ground attachment for not leaving, 143. verifying, 136. administrator's, 157. executor's, 156. receiver's, 402. rents and profits, 156 (1.1, 12), 181. supplemental, 158, 182. Administration summons: in support of, 96-99. Amend bill: supporting application for leave to, 55. Answer: supporting application for time to, 39, 40. Appearance: supporting application for leave to enter, 31. Bankrupt's estate : to prove debt due to, 175. Box FOR AN ACT: verifying printed copy, 228. Bill of exchange: to prove debt due on, 169, 170. Bond: to prove debt due on, 167. Check: to prove debt due on, 169, 170. Cbief clerk's summons : of service of, 128. Contract: to prove debt due on, 166-172. Contract to grant lease : supporting application to approve, 415. Debts: to prove due on bill, note, or check, 169, 170. bond, 167. judgment, 166. mortgage, 168, 197, 198. simple contract, 171, 172. to bankrupt's estate, 175. deceased's estate, 174. parti^ership, 173. several creditors, 172a. investigation by executor or administrator, 176. on application by administration summons, 96. Debts and liabilities: supporting application for order to take account of, 536. Defence acts : supporting application under, 547. Demur: supporting application for time to, 39, 40. Documents: as to possession of, 480. OF Execution of deed: 450. OF Fitness ; of propos.ed auctioneer, 236. examiner under settled estates acts, 562. guardian ad litem, 114. under settled estates acts, 657. master of infant, 516. receiver, 388. special examiner, 499. trustees of marriage settlement, 525. ■will, &c., 219. Foot NOTE^ 15. Guardian and maintenance : supporting application for, 509. OP Identity: 152, 462, 553. Interest: of amount to be paid by a purchaser, 362. Investment in land : supporting application for, 440. Interrogatories : supporting application for leave to serve abroad, 26. Judgment: to prove debt due on, 166. UD 2 4 INDEX. AFFIDAVIT, continued : JCBATS: 16. Jdstification : of surety for deposits, 325. fund paid oat on secnrity, 496. receiver, 392. Leask : supporting application for leave to grant, 415. Legacy duty act: supporting application under, 553. Marriage settlement of infant : supporting application to sanction, 525. Mode of sale : in support of proposed, 234 Mortgage : supporting application to lend on, 440. to prove debt due on, 168, 197, 198. Mortgage money : of attendance to receive, and nonpayment, 204, 205. Negative affidavit: by accounting party, 159, 183, 184. of searcbes, 448. OF No SETTLEMENT : affecting fund, 466. whatever, 465. Notice of decree: of service of, 109. supporting application for directions for: service on infants, 101. person of unsound mind, 103. Outline of an affidavit: 14. Partnership : to prove debt due to, 1 73. Pedigree: in support of, 152. Plead : supporting application for time to, 39, 40. OF Possession of documents : 480. Promissory note : to prove debt due on, 169, 170. Protection order: verifying, 469. Purchase of land : supporting application for, 440. Keceiyer : of fitness of person proposed as, 388. verifying account of, 402. Rents and profits: verifying account of, 156 (11, 12), 181, 182. Reserved bids: to fix, one lot, 318. several lots, 320. or Result of sale : where sale not effected, one lot, 332; several lots, 333. effected, one lot, 334. several lots, 335. Sale : supporting proposed mode of, 234. OF Searches for judgments, &o. : 448. OF Service: of administration summons, 95. bill, 31. chief clerlt's summons, 128. notice of decree, 109. motion for decree, 60. ordinary summons, 20. original summons, 19. substituted service of bill, 31. Service abroad : supporting application for, 26. Settled estates acts: supporting application under: to appoint guardian to make or consent, 557. for leave for guardian to make or consent, 560. to grant leases, 573. verifying engrossments of leases, 574. examination and certificate, 565.- INDEX. 5 AFFIDAVIT, continued : Several creditors: of debts due to, individually, 172a. Signature: verifying, to consent to act as trustee, 221, 525 (8). contract to lease, 415 (6). sell, 340. conveyance, 450. Simple contract: to prove debt due on, 171, 172. Small debts: of executor's or administrator's investigation o^ 176. Special examiner: of fitness of, 499. Stop order : supporting application for, 502. Substitute purchaser: supporting application to: where sub-sale before certificate binding, 356. after certificate binding, 357. Supplemental account: verifying, 158, 182. OF Surety : for deposits, 325. receiver, 392. to refund, 496. Trustees relief Icts: for leave to pay in fund under, 577. Unsound mind: supporting application for directions as to service of notice of decree on, 103. Verifying : abstract of title, 442. account, 136, 156-158, 181, 182. certificate of scientific person, 24. consent to act of trustee, 221, 525 (8). engrossment of deed, 375. lease and counterpart, 418. examination and certificate under the settled estates acts, 565. execution of deed, 450. print of bill for an act. 228. receiver's account, 402. several engrossments, 573. signature to conditional contract, 340. Voluntary answer : supporting application for time to put in, 40. AFFIRMATION, by a Quaker, 17. under 17 & 18 V. u. 125, s. 20, 18. And see : Affidavit. AGENT. AfiSdavit of debt due to, 172 (10), ("12). ALLOWANCE, MEMORANDUM. OF; of interrogatories for examination of a party, 122. , recognisance as security for deposits, 326. of receiver, 389. ALLOWANCE OF COMPENSATION. Conditions of sale as to, 276, 283a. Summons by purchaser for, 367. ALLOWANCE PENDING SUIT. Summons for, 455. AMENDMENT OF BILL AND INTERROGATORIES. AfiBdavit supporting application for leave to amend, 55. Note as to, 58 (n). Order for leave to amend, 56. time to amend, 58. Summons for leave to amend, 54. time to amend, 57. AMENDMENT OF ORIGINAL SUMMONS. Order to amend, 9. Summons to amend, 8. 6 INDEX. ANNUAL RESTS. Account of mortgagee in possession made up with, 199. ANNUITIES. Affidavit of search for registry of, 448 (3). Direction to take account of, 154 (4). List of, 179. Note as to, 179 (n), 448 (3). Particulars of sale of, 247, 251. ANNULLING CONTRACT. Condition of sale as to, '308. ANSWER OF DEFENDANT. Affidavit supporting application for time to file : ■where interrogated, 39. not iriteri-ogated, 40. Note as to, 45 (n). Order for leave to answer, 43. put in supplemental answer, 45. time to answer, 41. Summons for leave to answer, 42. put in supplemental answer, 44. . , production of documents admitted by answer, 470-2. time to answer, 38. ANSWER OF PLAINTIFF. Note as to, 47 (n). Order for time to answer, 47. Summons for time to answer, 46. APPEALS. Note as to, 91 (n). APPEARANCE. Absconding Defendant: Affidavit supporting application for leave to require appearance hy, 28. Notice to appear, 29. Summons for leave to appear for, 30. require appearance by, 27. Sane adult defendant ; Affidavit supporting application for leave to appear for, 31. Summons for leave to appear for, 30. To ORIGINAL SUMMONS : Notice of, 1 3. Praecipe for, 12. APPLICANT. Mode of describing, in a summons, 7 (u), 93. APPOINTEE TO CONVEY. Summons for appointment of, under the trustee acts, 380. APPOINTMENT OF NEW TRUSTEES. See : Trustees. APPORTIONMENT AMONG CREDITORS OR LEGATEES. Chief clerk's certificate of, 195. Concise statement of, 194. Note as to, 193 (n). Order directing, 193. APPORTIONMENT OF RENTS. Conditions of sale as to, 285, 286. Reference to, in particulars of sale, 255. INDEX. / APPRENTICESHIP OF INFANT. Affidavit of master's fitness, 516. Indenture of apprenticeship, 517. Summons for approval of, 515. APPROVAL, MEMORANDUM OF of deed, 377. lease and counterpart, 419. ARRANGEMENT DEEDS. Affidavit of search for registry of, 448 (10). ARREARS OF ANNUITIES. Listoi; 179. ARTICLE INFANT. Summons to, 515. ASSETS. Note as to, 193 (n). ASSIGNEE OF BANKRUPT OR INSOLVENT. Mode of describing, in a summons, 7 (n). ASSIGNMENT OF LEASE. Summons for leave to license, 423. ATTACHMENT. Affidavit to ground, for not leaving account, 143. ATTEND PROCEEDINGS. Order for leave to, 112. Petition of infant for leave to, 116. sane adult for leave to. 111. ATTENDANCE AT CHAMBERS. Summons to compel, 127. ATTORNEY. Affidavit of debt due to, 172 (1 1 ). ATTORNEY OF MORTGAGEE. Affidavit of attendance of, and nonpayment, 205. Power to, to attend and receive redemption money, 203. AUCTIONEER. Affidavit of debt due to, 172 (13). fitness of, 236. by, of result of sale: where no sale effected, one lot, 332. several lots, 333. where sale effected, one lot, 334. several lots, 335. Directions to: where a bidding is reserved, 328. not reserved, 329. AUTHORITY TO SUE OR DEFEND, by married woman, 4. next friend, 3. Summons for, 412. to defend, 2. sue, 1. BANKRUPTCY. Affidavit of search for, 448 (11). Note as to. Id. BANKRUPT'S ASSIGNEE. Mode of describing, in a summons, 7 (n). BANKRUPT'S ESTATE. Affidavit of debt due to, 175. BENEFICIARY OF REAL ESTATE. Administration summons by, 92, 93. 8 INDEX. BIDDING PAPER. Condition of sale as to, 270. Form of: one lot, 330. several lots, 331. BIDDINGS RESERVED. , Affidavit to fix : one lot, 318. several lots, 320. BILL. Affidavit supporting application for leave to amend, 5.5. serve abroad, 26. Order for leave to amend, .56. Summons for leave to amend, 54. dismiss, on terms, 500. serve abroad, 25. BILL OF EXCHANGE. Affidavit of debt due on, 169, 170. BILL SUITS. Main proceedings in, to the hearing, 25-91. Note as to bills, 25 (n). BILL FOR AN ACT OF PARLIAMENT. Affidavit verifying printed copy, 228. Chief clerk's certificate of approval of draft, 226. Memorandum to be signed by the Judge, 229. identify draft, 227. Note of the procedure at chambers under order to settle, 225 (n). Order to settle, 225. Recital of order and chief clerk's certificate, 230. BLIND PERSON. Jurat to affidavit by, 16 (g). BOARD AND EDUCATION. Affidavit of debt due for, 172 (3). BOARD AND LODGING. Affidavit of debt due for, 172 (2). BOND. Affidavit to prove debt due on, 167. as security for costs, 492. Note as to bond debts, 167 (n). BOUNDARIES. Condition of sale as to, 287. BUILDING LEASE. Model form of, 571. CALL ON SHARES. Summons for leave to pay, 427. CARRYING IN DECREE OR ORDER. Certificate verifying copy, 118. Note of solicitors' names, 119. Summons to proceed, 120. CERTIFICATE. of account being left, 144. examination under the settled estates acts, 564. ' on exhibit, 21, 566. verifying copy of charity commissioners' order, 631. conditions of sale, 314. decree or order, 118, draft deed, 444. duplicate prints of particulars, 315. INDEX. ! CERTIFICATE, cmtinued: verifying parochial extracts, 152 (n). CHARGES SATISFIED. Condition of sale as to, 288. CHARGING ORDER. Note as to, 506 (n). Summons for a, 506. CHARITABLE TRUSTS ACTS. Certificate verifying copy of charity commissioners' order, 531. Consent to act of proposed trustees, 533. Minute of order approving scheme and appointing trustees, 534. Note of the procedure at chambers under, 531 (n). Summons to proceed under, 532. CHECK. Affidavit to prove debt due on, 169, 170. CHIEF CLERK'S CERTIFICATE. OF ALLOWANCE : of receiver's account, 403. AMOUNT DDE TO MORTGAGEE : 200, 206. AFPOBTioNMENT : among Creditors Or legatees, 195. APPROVAL: of hill for an act of parliament, 226. conveyance, in specific performance suit, 217. on a purchase, 449. sale, 376. deed of appdintmentof new trustees, &c., 224. lease, 420. under the settled estates acts, 573. recognisance of receiver, 394. to refund, 497. EXECUTION : of conveyance, 449, 451. recognisance to refund, 497. GOOD TITLE : in specific performance suit, 214. on a purchase by the court, 449 INROLMENT : of recognisance of receiver, 394. to refund, 497. PARTITION AT^CHAMBERS: 208. PARTNERSHIP ACCOUNTS : 210. RECEIVER : having given security, 394. RESULT OF ACCOUNTS AND INQUIRIES : in administration suit, 185. SALE : by public auction, one lot, 336. several lots, 337. tender, 347. Note as to, 185 (n). Summons to settle, 186. take opinion of Judge, 187. vary, 188. CHIEF CLERK'S SUMMONS : 127. Affidavit of service of, 128. CHIEF RENT : Reference to, in particulars of sale, 256. CLAIMS. See : Debts.— and Debts and liabilities. CLASS INQUIRIES. Abstract of the evidence, to accompany a pedigree, 153. Advertisement for claimants, 1 50. Affidavit in support of claim, 152. Certificate verifying parochial extracts, 152 (n).. Note as to evidence in pedigree cases, 152 (n). 10 INDEX. CLASS INQUIRIES, conHtmed.- Order directing inquiries as to heir and next of kin, 149. Sketch of a pedigree, 151. CLOSING EVIDENCE. Order enlarging time for, 76, 85. for leave to use affidavit sworn after evidence closed, 78. Summons to enlarge time for, 75, 84. use affidavit sworn after evidence closed, 77. COAL MINES. Condition of sale as to carrying on, 283 (e). Exception of, on a sale, 259 (a). Particulars of sale of, 240. COLLECTION OF ASSETS— MANAGEMENT OF PROPERTY. See : Authority to sue or defend. — CoprHOM>s. — Exchanges. — Lease. — Outstanding estate. — Raising deficienct of person- alty. — Repairs : Drainage. — Sales under acts as to public works. — and Tiuber. COLLIERIES. See : Coal hineS. COMMISSION IN THE ARMY. Summons to approve purchase of, 514. COMMISSIONERS TO EXAMINE MARRIED WOMAN. Summons to appoint, 464, 56 1 . COMMITTEE OF LUNATIC. Mode of describing, in a summons, 7 (n). Summons by, to make or consent to application under the settled estates acts 559 COMMON LAW ENFRANCHISEMENT. Summons for leave to effect, 408, 409. COMMON LAW PROCEDURE ACT 1854. Affirmation under s. 20, 18. COMMON TITLE. Condition of sale as to abstract of, 281 a. COMPANIES ACT 1862. Note as to, 544 (n). Summons for inspection of register of members, 541. mortgages, 543. to appoint a provisional liquidator, 545. proceed under winding up order, 544. rectify register of members, 542. COMPENSATION ON SALE. Condition as to, 276, 283a. Note as to, 367 (n). Summons by purchaser for allowance of, 367, COMPOSITION DEEDS. Affidavit of search for, 448 (10). Note as to, Id. COMPOUND DEBT OR CLAIM. Summons for leave to, 426. CONCISE STATEMENT and interrogatories for plaintiff's examination: Note as to 47 (n). for a judicial opinion, &c., 549. ' of an apportionment, 194. evidence, to accompany a pedigree, 153. objections and requisitions on title, 212. INDEX. 1 1 CONCURRENCE OF EQUITABLE OWNERS. Condition of sale as to, 290. CONDITIONAL CONTRACT. to lease, 413, 413a., 518. ' sell, 338, 339. CONDITIONS OF SALE. By tender, 345. Certificate verifying copy draft, 314. duplicate prints, 315. Introduction to, 238, 343. 1. Okdinaiit conditions. Advance in bidding, 268. Bidding paper, 270. Certifying result, 272. Compensation, 276. Delivery of abstract — objections to title, 273. Deposit, 271. • Payment of purchase-money — possession — rents, 275. Resale on default, 277. Reserved bids, 269. Valuation of timber, 274. 2. Variations in the ordinary conditions. Advance in bidding, 278. Certifying result in vacation, 280. Compensation, 283 (a). Delivery of abstract : Where a common title, 281 (a), lots small, 281, (b), (c). Payment of purchase-money : Vendor to obtiun order to pay in, 283 (a). One moiety to part owner concurring — ^the other into court, 283 (b). On sale under the settled estates acts : Payment to trustees, 283 (c). Sale of entirety, with consent of part owner — option to purchaser, 283 (d). On sale of collieries, 283 (e). Reserved bids, 279. Valuation : stock in trade — going concern, 282, 3. Special conditions. Apportionment of current rent, 285. reserved rent, &c., 286. Boundaries, 287. Charges to be deemed satisfied, 288. Conveyance at a fixed sum, 289. Covenants for title : concurrence of equitable owners, 290. Deeds : Vendor to retain, 291 (a). Custody and delivery : covenants to produce, 291 (b), (o). On sale of reversionary leasehold, 291 (d). Want of deed, 291(e). Dower, 292. Easements, 293. Expense of additional evidence, 294. examination of documents, 295. 12 INDEX. CONDITIONS OF SXLE, continued: 3. Special conditions, continued: Identity of parcels, 296. Insurance, 297. Laud tax redeemed, 298. Lease : Indemnity to vendor, 299 (a). Lessor's title, 299 (b). License to assign, 299 (c), (d), (e). Notice of contents, 299 (f ). Performance of covenants, 299 (g). Surrender of former leases, 299 (h). Lease at fixed sum, 299 (i). Manorial customs, 300. Mortgage — right of redemption : Sale free, 301 (a), (b). subject, 301 (c). Mortgagor's concurrence, 301 (d). Outstanding terms, 302. Power of attorney, 303. Proceedings in suit to be conclusive, 304. Quit rents, 305. Recitals to be conclusive, 306. Registry of deeds, 307. Rescinding contract' 308. Root of title, 309. Sheep-walk, 310. Stamp, want of, 311. Tenants' rights, 312. Vesting order, 313. CONDUCT OF SALE. Note as to, 232 (n). CONDUCT OF SUIT OR PROCEEDINGS. Note as to, 456 (n). Summons for, 456. CONNECTED LOTS. Order discharging purchaser of, 353. CONSENT, of incumbrancer to a sale, 368. married woman to institution of suit, 4. next friend, 3. Summons for leave to, as to mode of procedure, 91. to act of proposed guardian of infant. 510. under the settled estates acts, 558. trustees of a charity, 533. marriage settlement, 526. will, &c., 220. CONSIDER SUFFICIENCY of affidavit as to documents. Summons to, 481. CONSIDERATION MONEY. Chief clerk's certificate of parties to receive, 449 CONSOLIDATED ORDERS. Extracts from. Appendix A. CONTRACT, CONDITIONAL, to lease, 413, 413a., 518. sell, 338, 339. INDEX. .] 3 CONVEYANCE TO PURCHASER. Admission of receipt of, 378, 379. Affidarit verifying engrossment, 375. at a fixed sum. Condition of sale as to, 289. Chief clerk's certificate of approval of, 217, 376. Direction as to, 361. Memorandum of approval of, 377. Note as to, 361 (n), 372 (n). Recitals in, of order, certificate, &c., 374. Summons for a vesting order, or appointee to convey, 380. to compel return of draft, 373. settle draft, 372. And see: Investments in land. CONVEYANCING COUNSEL. Reference to, in specific performance suit, 213. on a purchase by the court, 443. gale by the court, 237. CO-OWNER, SALE WITH CONSENT OF Condition as to payment of purchase money, 283 (V), Cdl. COPYHOLDS. w. w Condition ou sale of : as to boundaries, 287. manorial customs, 300. Notes as to, 407-410 (n). Particulars of sale of : 241. freehold and copyhold intermixed, 245. Sammons for leave to appoint a valuer of, 410. enfranchise, 408, 409. take admission to, 407- CORPORATION. Summons for production of documents by a, 477. COSTS. Order for payment of, 22. Reference to precedents of, 1 (n). taxing-master to tax, 160, 165. COUNTER PROPOSAL, for a receiver, 387. COUNTY COURT. Affidavit of search for judgments in, 448 (9). COVENANTS FOR TITLE. Condition of sale as to, 290. COVENANTS TO PRODUCE DEEDS. Condition of sale as to, 291 (b), (c). C RAN WORTH'S (LORD) ACT, 23 & 24 V. c. 145. Exclusion of application of, to a mortgage, 432. CREDITOR DEEDS. Affidavit of search for registry of, 448 (10). Note as to, Id. CREDITORS. Administration summons by, 92. Advertisement for, to come in, 161. Affidavit in support of administration summons by, 96. Apportionment among, 193-5. Notice to, under 22 & 23 V. c. 35, s. 29, 540. Summons for payment of costs by unsuccessful claimant, 164. And see : Debts. — Debts and liabilities. CROSS-EXAMINATION. Order for time to serve notice to produce deponents for, 68, 88. 14 INDEX. CROSS-EXAMINATION, continued: Order to enlarge time for, after replication, 80. Sammons for time to serve notice to produce deponents for, 67, 87. to enlarge time for, 79. take, before examiner, 86. CROWN DEBTS. Affidavit of search for registry of, 448 (2). Note as to. Id. CURRENT RENTS AND OUTGOINGS. Condition of sale as to apportionment of, 285. CUSTODY. Petition for discharge from, on leaving account, 145. CUSTODY OF DEEDS. Condition of sale as to, 291 (b), (c). DEBTS. Advertisement for creditors and incumbrancers to come in, 161, Affidavits to prove debts: due to a bankrupt's estate, 175. deceased's estate, 174. partnership, 173. several creditors, 1 72a. on bill, note, or check, 169, 170. bond, 167. executor's, or administrator's affidavit of investigation, 176, judgment, 166. mortgage, 168, 197, 198. simple contract, 171, 172. List for use in chambers of debts allowed, 177. Notice of entry of claim, 162. under 22 & 23 V. c. 35, s. 29, 540. . Order to raise, by mortgage or sale, 430. Request to taxing-master to tax costs claimed as a debt, 165. Summons for leave to compound debt or claim, 426. enter claim after time expired, 163. payment of costs by unsuccessful claimant, 164. DEBTS AND LIABILITIES. Advertisement for claimants to come in, 537 ■where particulars only required, 538. Affidavit in support of application for account of, 536. Note of the procedure at chambers as to, 535 (n). Notice to claimants to prove, 539. under 22 & 23 V. c. 35, s. 29, 540. Summons to take account of, 535. DECEASED'S ESTATE. Affidavit of debt due to, 174. Summons to appoint representative of, 488. carry on proceedings -without representative of, 489. DECREE, MOTION FOR. See: Motion for decree. DECREES AND ORDERS. See: Obdeu. DEED OP APPOINTMENT OF NEW TRUSTEES. Chief clerk's certificate of approval of, 224. INDEX. 15 DEEDS. Condition as to, on a sale: Custody and delivery — covenants to produce, 291 (b), (c). On sale of reversionary leasehold, 291 (d). Vendor to retain, 291 (a). "Want of, 291 (e). Note as to, 381 (n). Summons for delivery of, to purchaser, 371, 381. deposit of, by incumbrancer concurring in sale, o7l- DEEDS OF ARRANGEMENT. Affidavit of search for registry of, 448 (10). DEFAULT OF PURCHASER. Summons to compel payment in of purchase-money, 365, 382. DEFENCE ACTS. Affidavit in support of application under, 547. Note as to applications under, 546 (n). Summons for investment of compensation in stock, and payment of income to tenant for life, 546. DEFENCE BY DEMURRER, PLEA, ANSWER, OR DISCLAIMER. Affidavit supporting application for time to make : -where interrogated, 39 not interrogated, 40. Notes as to, 45 (n). Order for leave to answer, &c., 43. put in supplemental answer, 45. time to answer, 41. Summons for leave to plead, answer, or demur, 42. put in supplemental answer, 44. time to plead, answer, or demur, 38. DEFEND PROCEEDINGS. Retainer to, 2. Summons for leave to, 412. DEFICIENCY OF PERSONALTY. Order to raise, from realty, 430. DELIVERY OF ABSTRACT. Condition of sale as to, 273, 281. Summons for, to purchaser, 358. DELIVERY OF CONVEYANCE TO PURCHASER. Admission of, by one purchaser, 378. several purchasers, 379. DELIVERY OUT OF DOCUMENTS. Summons for, 485-7. DEMUR. See : Defence bv demureek, &c. ; And Note, 45 (n). DEPOSIT OF DEEDS. Summons for, by incumbrancer concurring in sale, 371. And see: Production of documents. DEPOSIT ON SALE. Condition of sale as to, 271. Investment of : Summons for, 350. Payment into court of : Summons for leave to pay in, 348. to compel payment in, 349. Security for: Recognisance to account, 324. allowance of, 326. justification of surety, 325. Summons to pay in money as, 327. 16 INDEX. DEPOSIT ON SAIjE, continued: Wheee biddings opened : Orders for payment into court, 352, 353. Summons for return of deposit, 354. DEPOSITIONS BEFORE ISSUE JOINED. Summons for time to notify, intention to use, 73. DEPOSITIONS OF WITNESSES AT CHAMBERS. Formal parts of, 133. DERIVATIVE EXECUTOR. Administration summons against, 92, 93. DESCRIPTION of an applicant by summons, 7 (n), 93. DEVISEE IN TRUST. Administration summons against, 92, 93. DIRECTIONS. as to notices under the settled estates acts, 569. ' ' Summons for, as to such notices, 568. to auctioneer : where a bidding is reserved, 328. not reserved, 329. conveyancing counsel : in specific performance suit, 213. on a purchase, 443. sale, 237. examiner : to examine witness, 134. record and writ clerk : to seal subpcena, 129. taxing-master : to tax costs claimed as a debt, 1 65. by accounting party, 1 60. DISCHARGE FROM CUSTODY. Certificate of accounts being left, 144. Petition for, on leaving accounts, 145. DISCHARGE OP PURCHASER. Summons for, 360. DISCHARGE OF RECEIVER. Summons for, 396. DISCHARGE OF STOP ORDER. Summons for, 505. DISCLAIMERS. Note as to, 45 (n). DISMISS BILL. Summons to, on terms, 500. DISSOLUTION OF PARTNERSHIP. Decree for, 209. DISTRAIN. Note as to distresses, 424 (n). Summons for leave to, 424. DOCDMENTS. See : Deposit of deeds. — Production op documents. DOWER. Condition of sale as to, 292. DRAIN. Summons for leave to, 434, 435. DUPLICATE PRINTS of particulars and conditions. Certificate verifying, 315. DURHAM REGISTERS. Afiadavit of searches in, 448 (8). Note as to, Id, INDEX. 17, EASEMENTS. Condition of sale as to, 293. ENDORSEMENT. See Insorsesient. ENFRANCHISEMENT OF COPYHOLDS. Summons for leave to effect, 408, 409. to appoint valuer, 410. ENGROSSMENT. :: Affidavit verifying, of deed, 375. lease, 418. several leases, 574. ENQXHRIES. See Inquikies. ENROLLING DECREES AND ORDERS. Note as to, 91 (n). ENTRY OF CLAIM. Notice of, 162. Summons for leave to make, after time expired, 163. EQUITABLE OWNERS. Condition of sale as to concurrence of, 290. EQUITY TO A SETTLEMENT. Note as to, 467 (n). EVIDENCE AFTER ISSUE JOINED. 1. In general : Summons for time to notify intention to use affidavits or depositions filed or made before issue joined, 73. Order thereon, 74. 2. Issue joined before Easter term 1861 : — . Note as to, 90 (n). Order for leave to use affidavit sworn after evidence closed, 78. to enlarge time for closing evidence, 76. cross-examination of witnesses, 80. Summons for leave to use affidavit sworn after evidence closed, 77. ib enlarge time for closing evidence, 75. cross-cxainination of witnesses, 79. 3. ISStJE JOINED IN OR SINCE EaSTER TERM 1861 : Minute of day fixed for hearing cause, 90. Note as to, 90 (n). Order for time to apply that evidence he taken viva voce at the hearing, 82. serve notice to produce deponents for cross- examiuation, 88. to enlarge time for closing evidence in chief, 85. Summons for the evidence to he taken viv4 voce at the hearing, 83. time to apply that the evidence he so taken, 81. serve notice to produce deponents for cross- examination, 87. to enlarge time for closing evidence in chief, 84. fix a day for hearing the cause, 89. take examination or cross-examination before an exa- miner, 86. EVIDENCE IN PEDIGREE CASES. Abstract of, 153. Note as to, 152 (n). EVIDENCE OF TITLE. Condition of sale as to expense of furnishing, 294. E E 18 INDEX. EXAMINATION OF DEFENDANT. See : Ikteurogatories fob defendant's examikation. EXAMINATION OF MAKKIED WOMAN. 1. As TO FUND IN COURT : Affidavit of no settlement affecting fund, 466. whatever, 465. Summons to'appoint commissioners, 464. 2. Under the settled estates acts : Affidavit of examiner's fitness, 562. verifying signatures to examination and certificate, 565. Certificate of examiner, 564. Examination, 563. Exhibit, 566. Minute of examination hy the Judge in chambers, 567. Summons to appoint examiner, 561. EXArMINATION OF PLAINTIFF. See : Interrogatories for plaintiff's examination. EXAMINATION OP TITLE DEEDS. .Condition of sale as to the expenoe of, 295. EXAMINATION ON INTERROGATORIES. Interrogatories for the examination of a party, 121. Memorandum of allowance, 122. Order for time to file, 125. Outline of an examination, 126. Summons for time to file, 124. to file, 123. EXAMINATION PRO INTERESSE SUO. Note as to, 457 (n). Summons for inquiry as to interest, 457. EXAMINA.TION VIVA VOCE. Affidavit of service of chief clerk's summons, 128. Chief clerk's summons for the attendance of a party or witness, 127. Direction to examiner to examine witness, 134. seal subpoena for production of documents, 129. Formal parts of depositions, 133. Note as to, 128 (n). Oath administered by chief clerk, 132. Prajcipe for subptena for production of documents, 130. Subpoena for production, 131. EXAMINER. Affidavit of fitness of proposed examiner, 499. under the settled estates acts, 562. Direction to, to examine a witness, 134. Summons to appoint, 498. under the settled estates acts, 561. take examination or cross-examination before 86 EXCEPTIONS FOR INSUFFICIENCY. Note as to, 53 (u). Order for leave to file, 51. time to file, 49. submit to, 53. Summons for leave to file, 50. time to file, 48. submit to, 52. EXCHANGES. Note as to, 411 (n). Summons to effect exchange through the inclosure commissioners, 411. INDEX. 19 EXECUTION, CHIEF CLERK'S CERTIFICATE OF of deed, 449, 451. recognisance, 497. EXECUTION OF DECREES AND ORDERS. Note as to, 91 (n). EXECUTION OF DEED. Affidavit of, 450. EXECUTOR. Administration summons against derivative, 93. Affidavit verifying account of, 156. supplemental account of, 158. Negative affidavit of, 159. And see : Accoitnt.— Debt.— Personal estate. EXHIBIT. Certificate on, 21, 566. EXPENSES OF ADDITIONAL EVIDENCE. Condition of sale aj to, 294. EXPENSES OF EXAMINATION OF DOCUMENTS. Condition of sale as to, 295. FEE FARM RENTS. Particulars of sale of, 242. FEES COLLECTED IN CHAMBERS. Table of, Appendix C. FIXTURES. Note as to, 258 (n). Reference to, in particulars of sale, 258. FOOT NOTE TO AFFIDAVIT, 15. FORECLOSURE. See : Mortgage suits. FOUR-DAY ORDER TO LEAVE ACCOUNTS. Indorsement on, 142. Minute of, 141. Summons for, 140. FREEHOLD AND COPYHOLD INTERMIXED. Condition of sale as to boundaries of, 287. Particulars of sale of, 245. FREEHOLD FARM. Particulars of sale of, 243. FREEHOLD HOUSE. . Particulars of sale of, 244. FUNERAL EXPENSES. Affidavit as to, 156 (3). Direction to fjike account of, 154 (3). FURTHER CONSIDERATION. Chief clerk's certificate under order pn, in specific performance suit, 217- Note of adjournment into court of summons for, 191. Notice of setting down matter and cause for, 192. Order on, in specific perforinance suit, 216. Summons for, of a matter and cause, 190. FUTURE MARRIAGE. Clauses as to, in marriage settlement of an infant, 527. GOING CONCERN. Particulars and conditions of sale of business as, 246, 282. GOOD TITLE, CHIEF CLERK'S CERTIFICATE OF in a specific performance suit, 214. on a purchase by tiie court, 449. E E 2 20 INDEX. GOOD- WILL. Particulars of sale of, 246. GOODS. Affidavit of debt due for carriage, or lighterage of, 172 (6, 7). goods sold and delivered, 172 (1). GOVERNMENT LIFE ANNUITY. Particulars of sale of, 247. GUARDIAN AD LITEM. Affidavit in support of petition to assign, 114. Note as to, 459 (n). Order assigning, 1 1 5. Petition to assign, of infant served ■vpith notice of decree, 113. Summons to assign a new, 459. under the settled estates acts, 555, 556. GUARDIAN AND MAINTENANCE. See: Infant. HEARING THE CAUSE. Minute of day fixed for, 90. Note as to, 91 (n). Summons to fix a day for, 89. HEIR. Advertisement for, 150. Affidavit in support of pedigree of, 152. Order directing inquiry as to, 149. Pedigree of, 151. HORSES. Affidavit of debt due for hire or keep of, 172 (4, 5). HUSBAND AND WIFE. Administration summons by, 92, 93. Affidavit of no settlement affecting fund, 466. whatever, 465. Mode of describing, in a summons, 7 (n). Notes as to, 463-9 (n). Summons for commissioners to take examination of wife, 464. a settlement, by order, on wife and children, 467 payment to husband in right of wife, 463. wife, under a protection order, 468. And see : Settled estates acts. IDENTITY OF PARCELS. Condition of sale as to, 296. IDENTITY OF PERSON. Affidavit of, 152, 462. " IN CASE THE PARTIES DIFFER." Note as to the insertion of, in an order, 361 fn). INCOME OF FUND IN COURT. Summons for payment of, 461, 546, 578. INCOME TAX ACTS. Tablie of, 362 (n). INCUMBRANCER. Advertisement to come in, 161. Affidavit in answer to inquiry as to, 156 (10). of debt due to, 166, 168. search for incumbrances, 448. INDEX. 2 1 INCUMBRANCER, continued: Consent of, to a sale, 368. Order directing inquiry as to incumbrances, 154 (8). Sununons for deposit in court of deeds by, 371. to pay off, out of sale proceeds in court, 369, 371. by purchaser, 370. INDEMNITY TO VENDOR. Condition as to, on sale of a leaseliold, 299 (a). INDENTURE OF APPRENTICESHIP, 517. INDORSEMENT. enlarging return of oripnal summons, 6. on copy for service of four-day order, 142. notice of decree, for service on infant or lunatic, 108. sane adult, 107. summons and statement for judicial opinion, 550, 551. INFANT. Administration summons by, 92, 93. Mode of describing in a summons, 7 (n). Guardian ad iateh : Note as to, 459 (n). Summons to assign a new, 459. Guardian — haintenance — advancement. Affidavit of proposed master's fitness, 516. supporting application for guardian and maintenance, 509. Consent to act of proposed guardian, 51.0. Indenture of apprenticeship, 517. Notes as to, 507 (n) — 517 (n). Summons for an allowance for maintenance, 508. leave to take infant out of the jurisdiction, 513. the appointment of a guardian, 507. purchase of a commission and outfit, 514. to article or apprentice infaiit, 515. remove guardian, and appoint another, 512. settle security to be given by guardian of estate, 511. Management of property : Conditional contract to grant lease under 1 W. 4, c. 65, 518. Lease of a dwelling-house, 520. Minute of order approving contract (and lease thereunder), 521. Note as to, 518 (n). Summons to carry into effect a contract to lease, 519. Marriage and settlement thereon : Affidavit supporting application for sanction of a settlement under 18 & 19 v., C. 43, 525. Clauses as to a future settlement, 527. Consent to act of proposed trustees, 526. Note as to, 523 (n). Order on petition, where infant is a ward of court, 529. not a ward, 530. Petition of infant, not a ward, for sanction of a settlement under 18 & 19 v., «. 43, 523. ward of court, for inquiry as to proposed marriage, and approval, of settlement, 522. Recital in settlement of order approving same, 528. Summons to appoint a guardian to consent to marriage, 507. proceed on petition, adjourned to chambers, 524. 22 INDEX. INF A NT, continued : Next preeni). Authority ty, to institute proceediugs, 3. Note as to, 458 (n); Summons for leave to name a new, 458. Notice of decree. Affidavit of fitness of guardian by whom to attend proceedings, 114. service of, 109. supporting application for directions as to service, 101. Form of, 106. Indorsement on, 108. ffote as to, 100 (n). Order assigning guardian of infant served with, 115. for leave to attend proceedings, 112. Petition for leave to attend proceedings, 116. to assign guardian of infant, 113. Summons for directions as to service of, 100. Under the settled estates acts: Affidavit supporting application to appoint guardian, 557. Consent of guardian to act, 558. Note as to, 555 (n). Summons by guardian of tenant in tail for leave to make or consent, 559. to appoint guardian to make application, 555. consent to application, 556. Under the trustee acts: Summons for a vesting order, or for an appointee to convey, 380. INQUIRIES. Example of an additional inquiry, 453. Order directing, as to heir and next of kin, 149. outstanding estate, 154 (5). real estate, 154 (6, 7). Summons for additional, 452. INQUIRY AS TO TITLE. Note as to, 359 (n). Order for, in specific performance suit, 211. Summons for, 359, 457. INROLMENT OF RECOGNISANCE. Chief clerk's certificate of, 497. INROLMENTS. Affidavit of search for, 448 (4). Note as to, Id. INSOLVENCY. Affidavit of search for, 448 (12). Note as to. Id. INSOLVENT'S ASSIGNEE. Mode of describing, in a summons, 7 (n). INSPECTION OF A COMPANY'S REGISTERS. Summons for inspection of register of members, 541. mortgages, 543. INSPECTION OF DOCUMENTS. See : Production op Documents. INSTITUTE PROCEEDINGS. Authority of next friend to, 3. Retainer to, 1. Summons for leave to, 412. INDEX, 23 INSTRUCTIONS TO A SCIENTIFIC PERSON. Letter of, 23. INSUFFICIENCY, EXCEPTIONS FOR. See Exceptions for msuPFiciENCT INSURANCE, CURRENT. Condition of sale as to, 297. INTEREST ON PURCHASE-MONEY. Affidavit of amount of, 362. Condition of sale as to, 275, 283. Income tax deductible on, 362, (n). Summons for payment of, 361, 363-5. INTEREST ON STOCK. Summons for payment of, into court, 460. out of court, 461, 546, 552. INTERROGATORIES FOR DEFENDANT'S EXAMINATION. Affidavit supporting application for leave to serve, abroad, 26. , time to answer, 39. Note as to, 37 (n). Order for leave to amend, 56. file, 35. time to answer, 41, deliver, 37. file, 33. Summons for leave to amend, 54, file, 34. serve abroad, 25. time to answer, 38. deliver, 36, file, 32. INTERROGATORIES FOR PLAINTIFF'S EXAMINATION. Note as to, 47 (n). Order for time to answer, 47. Summons for time to answer, 46, INTERROGATORIES FOR THE EXAMINATION OF A PARTY. See: Examination on interkogatories. INTRODUCTION TO PARTICULARS AND CONDITIONS OF SALE, by public auction, 238. tender, 343. INVESTIGATION OF TITLE. Note as to, 358 (n). Summons for delivery of abstract to purchaser, 358. inquiry as to title, 359. to discharge purchaser, 360. INVESTMENT IN STOCK. Summons for, of cash in court, 350, 546. to be paid into court, 460. INVESTMENTS IN LAND, AND ON MORTGAGE. Affidavit of a surveyor in support of application for, 440. searches, 44B, verifying abstract of title, 442. execution of deed, 450. ' Certificate verifying copy draft conveyance, 444. Chief clerk's certificate of execution of deed, 451. good title, approval (and execution) of deed, and parties to receive the consideration, 449, Direction to the conveyancing counsel on, 443. 24 INDEX. INVESTMENTS IN LAND, AND ON MORTGAGE, conftnuerf : Minute of order approving, 441. Note as to, 438 (n). Recital of order and chief clerk's certificate of approval, 445. Summons for leave to bid for an estate, 438. to approve of an investment, 439. Testatum, where the consideration is to be paid out of a fund in court, 446, 447. ISSUE JOINED. See : Evidence after issue joined. — Replicatiok. JUDGE'S OPINION ON CERTIFICATE. Summons to take, 187. JUDGES' REGULATIONS of 8th August, 1857, Appendix B. JUDGMENTS. Afldavit of debt due on judgment, 166. search for, 448 (1). Note as to, 166 (n), 448 (n). JUDICIAL OPINION, &c. Indorsements on statement, and summons to take, 550, 551. Note as to, 548 (n). Statement to ground application for, 549. Summons for, 548. JURATS, 16. JUSTIFICATION OF SURETY for deposits, 325. receiver, 392. to refund, 496. LANCASTER PALATINE REGISTERS. AfiBdavit of search in, 448 (7). Note as to. Id. LAND TAX. Condition of sale as to apportionment of, 286. redemption o^ 298. Statement of redemption of, in particulars of sale, 259. LANDS CLAUSES ACT. Summons to appoint a valuer under s. 9, 436. And see: Part xvni.. Introduction. LEASE. Assignment. Summons for leave to license, 423. Contract to grant. — demise. 1. Jn general. Affidavit supporting application to confirm contract to lease, 415. ^v. » , "^,^r'^y™g engrossments of lease and counterpart, 418. Chief clerk s certificate of approval of lease, 420. Conditional contract to grant lease, 413. ,, , - , ^y reference to approved draft, 413a. Memorandum of approval of lease and counterpart, 419. Mmute of order approving contract (and lease), 416. Note of the procedure at chambers, 413a (n). Reference in lease to order (and certificate) approving same, 417. Summons to carry mto effect conditional contract to lease, 414. 2. Under the settled estates acts. Affidavit supporting application to approve a collection of draft leases, 573. INDEX. 25 1.EASE, continued: 2, Under the settled estates acts, continued : AflBdavit ■verifying engrossments, 574. Chief clerk's certificate of approval of a collection of leases, 575. Model form of a building lease, 571. Note of the procedure at chambers, .571 (n). Petition to approve a lease, 554. Summons to settle a collection of draft leases, 572. 3. Under 1 W. 4, c. 65. Conditional contract to grant lease, 518. Lease of a dwelling-house, 520. Minute of order approving contract (and lease), 521. Note as to, 518 (n). Summons to carry contract into effect, 519. License to assign. Condition as to, on a sale, 299. Summons for leave to grant, 423. Renew Ai.. Summons for leave to accept renewed lease, 422. grant renewed lease, 421. Sale. Conditions of sale as to : Indemnity to vendor, 299 (a). Lease from ground landlords, at a fixed sum, 299 (i). Lessor's title, 299 (b). License to assign, 299 (c), (d), (e). Notice of contents, 299 (f). Performance of covenants, 299 (g). Surrender of former leases, 299 (h). Particulars of sale of, 248-50. LEAVE TO BID. Note as to, 232 (n). Summons for, as a purchase by the court, 438. on a sale by the court, 232. LEAVE TO ENTER CLAIM. Summons for, 163. LEGACIES. List of legacies unpaid, 178. Note as to, 1 78 (n). Order to take account of, 154 (4). LEGACY DUTY ACT. Note of the Procedure under, 552 (n). Summons for a transfer or sale, and payment out of court under, 552. Affidavit in support, 553. LEGATEE. Administration summons by, 92, 93. Affidavit in support, 98, LESSOR'S TITLE. Condition of sale as to, 299 (b). LETTERS OF ADMINISTRATION. Mode of describing, 96. Notice to produce, 94. LETTER OF ATTORNEY. to receive redemption money, 203. LICENSE TO ASSIGN. Condition of sale as to, 299. Note as to, 423 (n). Summons for leave to give, 423. 26 INDEX. LIFE ANNUITY. Particulars of sale of, 247, 251. LIFE INTEREST. Particulars of sale of, 252, 253. LIFE POLICY. Particulars of sale of, 252a. LIS PENDENS. Affidavit of searcb for registry of, 448 (1). Note as to, Id. LIST of annuities and arrears due, 179. debts allowed, 177. legacies unpaid, 178. persons served with notice of decree, 117. LOSS OF DEED. Condition of sale as to, 291 (e). LUNATIC NOT SO FOUND. Administration summons by, 92, 93. AfSdavit of service of notice of decree on, 109. supporting application for directions as to service on, 103. Indorsement on notice of decree for service, 108. Mode of describing, in a summons, 7 (n). Order for leave to attend proceedings, 112. Summons for directions as to service on, of notice of decree, 102. LUNATIC SO FOUND. Mode of describing, in a summons, 7 (n). Summons by committee of tenant in tail, for leave to make or consent to an application under the settled estates acts, 559. MAINTENANCE. See : Infant. MALINS' (Mr.) ACT, 18 & 19 V., c. 43. See : Infant. MANAGEMENT OF PROPERTY. See : Table of Contents, part XIV. MANORIAL CUSTOMS. Condition of sale as to, 300. MARKSMAN. Jurat to affidavit by, 16 (h). MARRIAGE. Note as to, 523 (n). Summons to appoint guardian to consent to, 507- And see : Infant. MARRIAGE SETTLEMENTS. Note as to, 523 (n). And see : Infant. MARRIED WOMAN. Administration summons by, 92, 93. of estate of, 92, 93. Affidavit of search for acknowledgments by, 448 (5). Consent of, to institution of suit, 4. Mode of describing, in a summons, 7 (n). And see : Husband and wife. — Settled bstates acts. MEMORANDUM of allowance of interrogatories, 122. recognisance for deposits, 326. INDEX, 27 MEMORANDUM, continued: of allowance of recognisance of reeeWer, 389. approval of deed, 377. lease and counterpart, 419. to be signed by the Judge on print of bill for an act, 229. identify draft bill for an act, 227. MEMORANDUM OF SERVICE of notice of decree. Praecipe for, 110. MIDDLESEX REGISTER. Affidavit of search in, 448 (6). Note as to, Id. MINERALS. Exception of, in particulars of sale, 259 (a). MINUTE of day fixed for hearing cause, 90. examination of a married woman by the Judge, 567. four-day order to leave account, 141. order appointing new trustees, 223. approving charity scheme and appointing trustees, 534. contract to lease (and the lease thereunder), 416, 521. investment in land, or on mortgage, 441. MODE OF PROCEDURE. Summons for leave to consent as to, 91. MODEL LEASE, tmder the settled estates acts, 571. MONEY. Affidavit of debt due for money lent, 172 (16). paid, 172 (.17). r,eceived, 172 (18). MORTGAGE. AfSdavit of debt due on, 168, 197, 198. Condition of sale of, 301. Note as to mortgages, 196 (n), 206 (n). Particulars of sale of mortgage debt, 263 (a). And see: Investments in land. MORTGAGE SUITS, PROCEEDINGS IN. Account, with annual rests, of a mortgagee in possession, 199. Affidavit by mortgagee of attendance and nonpayment, 204. and his attorney, of the like, 205. of amount due to a mortgagee in possession, 198. not in possession, 197. Chief clerk's certificate of amount due to first mortgagee, 200. second mortgagee redeem- ing the first, 206. Decree for successive redemptions and foreclosures, 196. Note as to mortgages, 196 (n), 206 (n). Power of attorney to attend and receive redemption money, 203. Summons for extension of time to redeem, 201. to appoint a new time for payment, where mortgagee has failed to attend, 202. MORTGAGEE. See: Incumbrancer. MORTGAGOR. Condition of sale as to concurrence of, 301 (d). 28 INDEX. MOTION FOR DECREE. Affidavit of service of notice of, CO. Note as to, 68 (n). Notice of, 59. Order for time to file affidavits in answer or opposition, 64. reply, 66. serve notice of, 62. to produce deponents for cross-examin- ation, 68. Summons for time to file affidavits in answer or opposition, 63. reply, 65. serve notice of, 61. to produce deponents for cross-examm- ation, 67. NEGATIVE AFFIDAVIT by accounting party, as to personal estate, 159. rents and profits, 183, 184. of search for incumbrances, 448. NEXT FRIEND. Authority by, to sue, 3. Notes as to, 3 (n), 458 (n). Summons for leave to name a new, 458. NEXT OF KIN. Administration summons by, 92, 93. Affidavit in support of administration summons by, 99. pedigree of, 152. Advertisement for, 150. Note as to, 152 (n). Order directing inquiry as to, 149. Pedigree of, 152. NO SETTLEMENT. Affidavit of no settlement afiecting fund, 466. whatever, 465. NOTE of adjournment to the court of summons for further consideration, 191. to vary certificate, 189. reserved bids: one lot, 322. several lots, 323. solicitors' names, 119. NOTICE of appearance to original summons, 13. decree, 106. entry of claim by creditor, 162. leaving account, 137. motion for decree, 59. petition under the settled estates acts, 570. setting, down matter and cause on further consideration, 192, surcharge, 147. to absconding defendant to appear, 29. claimants of debts or liabilities to prove, 539. creditors under 22 & 23 V. c. 35, s. 29, 540. produce probate or letters of administration, 94. NOTICE OF CONTENTS OF LEASE. Condition as to, on sale, 299 (f). INDEX. 29 NOTICE OF DECREE. Affidavit of fitness of gaardian ad litem of infant served with, 114. service of, 109. supporting application for directions as to service on infant, 101. person of unsound mind, 103. Form of, 106. Indorsement on, for service on infant or person of unsound mind, 108. sane adult, 107. List of persons served with, 117. Note as to, 100 (n). Order assigning guardian of infant served with, 115. for leave for person served with, to attend proceedings, 112. Petidon of infant served with, to attend proceedings, 116. sane adult for leave to attend proceedings. 111. to assign gaardian ad litem of infant, 113. PrsBcipe for memorandum of service of, 110. Summons for directians as to service of, on infants, 100. person of unsound mind, 102 leave to serve, oat of the jarisdiction, 104. to substitute service of, 105. NOTICE TO QUIT. Summons for leave to give, 425. OATH administered to a witness by chief clerk, 132. OBJECTION TO PRODUCE DOCUMENTS. Summons to consider, 4S2a. OBJECTIONS TO TITLE. Ordinary condition of sale as to, 273. Statement of, 212. OFFICIAL MANAGER OR LIQUIDATOR. Mode of describing, in a summons, 7 (n). Summons to appoint a provisional liquidator, 545. ONE OR MORE LOTS. Particulars of a sale in, 260. OPEN BIDDINGS. Note as to, 351 (n). Order substituting as purchaser an applicant to, 353. to, 352. Summons for return of deposit to opener, where outbid at resale, 354. to, 351. OPINION OF JUDGE. Summons to take, on chief clerk's certificate, 187. statement under 22 & 23 V. c. 35, s. 30, 548. ORDER. Accobnt: For accounts and inquiries in administration suit, 154. time to leave, 139. Minute of four-day order to leave, 141. Affidavits and depositions: For time to notify intention to use, 74. TO Amend : bill (and interrogatories), 56. original summons, 9. to extend time to amend bill, 58. 30 INDEX. ORDER, continued : Answer defendant's interrogatories: for time to, 47. Answer plaintifi's interrogatories: for leave to, 43. time to, 41. Answer voluntarily : for leave to, 43. time to, 41 . to Appoint trustees, 218, 223. TO Apportion fund, 193. TO Attend proceedings, 112. Bill for an act: to settle, 225. Carrying ts: Certificate verifying copy, 118. Note of solicitors' names, 119. Summons to proceed, 120. Charity : Minute of order approving Scheme, and appointing trustees, 534. for Class inquiries, 149. Closing evidence : enlarging time for : where issue joined before easter term, 1861, 76. in or since, 85. for leave to use affidavit sworn after evidence closed, 78. Contract to lease: Minute of order approving, 416, 521. Cross-examination of witnesses: enlarging time for, 80. to serve notice to produce deponents for cross-exami- nation, 88. Deficiency of personalty : to raise from realty, 430. Documents : for time to file affidavit as to, 478. on application to consider sufficiency of affidavit, 482. Evidence viva voce at the hearing: for time to apply that evidence be so taken, 82. Minute of day fixed for hearing cause, 90. Examination on interrogatories : for time to file, 125. Exceptions for insufficiency : for leave to file, 51. time. to file, 49. submit to, 53. Four-day order: Minute of, 141. ON Further consideration: in specific performance suit, 216. General form, 22. Hearing cause: Minute of day fixed for, 90. Heir : for inquiry as to, 149. FOR Inquiries : as to heir and next of kin, 149.. in administration suit, 154. FOR Inquiry as to title: in specific performance suit, 211. Interrogatories fob. defendant's examination : for leave to file, 35. time to deliver, 37. file, 33. InTEEROGATOKIES for plaintiff's EXAMINATION: for time to answer, 47. Lease : Minute of order approving, 416, 521. FOR Leave to attend proceedings, 112. Makkiage : approving, of ward of court, 529. Marriage settlement of infant: approving, where infant is a ward of court, 529. not a ward of court, 530. INDEX. 31 ORDER, continued : MOBTGAGE : approving investment on, 441. for successive redemptions and foreclosures, 196. to create, for debts and costs, 430. Motion for decree : for time to file affidavits in answer or opposition, 64 reply, 66. serve notice of, 62. to produce deponents fol cross-examination, 68. Next op kin : for inquiry as to, 149. Note: as to enrolling and vacating enrolment, 91 (n). execution, 91 (n). passing, entering, and rectifying, 91 (n). rehearings and appeals, 91 (n). staying proceedings pending appeal, 91 (n). Notice of decree i assigning guardian of infant served with, 115. for leave to attend proceedings, 112. TO Open biddings, 352. substituting as purchaser an applicant to open, 353. FOB Partition, 207. Partnership : Decree for dissolution, and accounts of, 209. Plead: for leave to, 43. time to, 41. Note as to pleas, 45 (n). PuBCHASE OF LAND : approving, 441. Receivee : appointing, 395. FOR Redemption or foreclosure, 196. Registered : Affidavit of search for, 448. Replication: for leave to withdraw, 72. and amend, 56. time to file, 70. FOR SECiTErrT TO REFUND : On transfer out of court, 494. SpECEFio perfoemancb: Decree for, 211. Order on further consideration, 216. ON Summons to vary certificate, 216. Sufficiency of affidavit as to documents : on summons to consider, 482. Supplemental answer : for leave to put in, 44. FOR Time : to amend bill, 58. answer affidavits on motion for decree, 64. defendant's interrogatories, 47. plaintiff's interrogatories, 4l, 43. voluntarily, 41, 43. apply that evidence be taken viva voce at the hearing, 82. close evidence, where issue joined before caster term 1861, 76. in or since, 85. cross-examine witnesses, 80. deliver interrogatories for defendant's examination, 37. file affidavit as to documents, 479. in answer to motion for decree, 64. 32 INDEX. ORDER, continued: FOB Time, continued. to file affidavit in reply to defendant's aJBdavits on motion, 66. examination on interrogatories, 125, exceptions to answer, 49. interrogatories for defendant's examination, 33. replication, 70. leave accounts, 139. notify intention to use affidavits or depositions filed or made before issue joined, 74. reply to defendant's affidavits on motion for decree, 66. serve notice of motion for decree, 62. to produce deponents for cross-examination, in replication cause, 88. on motion for decree, 68. submit to exceptions, S3. ORDINARY CONDITIONS OF SALE. See : Conditions or sam;. ORDINARY SUMMONS. Affidavit of service of, 20. Form of, 7. Note as to, 5 (d). description of applicant by, 7 (n). ORIGINAL SUMMONS. Affidavit of service of, 19, 95. Form of : to administer an estate, 92, 93. originate any other proceeding, 5. Indorsement enlarging return of, 6. Note as to, 5 (n). Notice of appearance to, 13. Order to amend, 9. Summons to amend, 8. ORIGINATE PROCEEDINGS. See : Original, Summons. OUT OF THE JURISDICTION. See : Abroad. OUTFIT OF INFANT. Summons for, 514 OUTGOINGS, CURRENT. Condition of sale as to apportionment o^ 285. OUTLINE OF AN AFFIDAVIT, 14. OUTSTANDING ESTATE. Affidavit in answer to inquiry as to, 156 (6). Note as to, 426 (n). Order for inquiry as to, 154 (8). Summons for leave to compromise debt or claim, 426. pay call on shares, 427. to get in, 428. sell particular securities, 429. OUTSTANDING ESTATES OR TERMS. Condition of sale as to, 302. PARCELS. Condition of sale as to identity of, 296. INDEX. 33 PAROCHIAL EXTRACTS. AflSdavit identifying persons with, 152, 525, 553. Certificate of clergyman on, 152 (n). PART-OWNER. Condition on sale with concurrence of, 283 (b), fd). PARTICULARS OF SALE. Certificate verifying duplicate prints, 315. Introduction to, 238, 343. of coal mines: freehold : plant and stock, 240 (a), leasehold, 240 (b). copyhold land, 241. fee farm rents, 242. freehold farm, 243. house, 244. and copyhold intermixed, 245. goodwill and lease, 246. government life iCnnuity, 247 . leasehold house, 248. interest in reversion, 249. contract, with lease from freeholder, 250. life annmty, 251. interest, 252. policy. 2S2a. • reversionary life interest, 253. tithe rent charge, 254. Miscellaneous additions to descriptions of property : Apportioned rent, 255. Chief rent, 256. Contract to purchase, 257. Fixtures, 258. Land tax redeemed, 259. Minerals excepted, 2o9a. One or more lots, 260. Reference to plan, 261. Right of redemption, 263. way, 262. Sheep-walk, 264.- Strip of land without title, 265. Timber : included in sale, 266 (a). to be taken at a fixed sum, 266 (b). price to be declared at sale, 266 (c). Tithe — Tithe rent charge, 266a. On sale by tender, 344. And see : Conditions of saib. PARTITION SUITS, PROCEEDINGS IN Chief clerk's certificate of a partition at chambers, 208. Decree for a partition, 207. Note as to partitions, 207 (n). PARTNERSHIP. Affidavit of debt due to, 173. Note as to partnerships, 209 (°)- ^^„-,„ ^^ ^^SfSeSJe ^nrdS^ofdilsltion and accounts, 210. Form of decree, 209. Note as to partnerships, 209 (n). F F 34 INDEX. PASSING, ENTERING, AND RECTIFYING DECREES. Note as to, 91 (n). PAYMENT INTO COURT. Note as to, 460 (n). Summons for, and investment, 460. as security for costs, 493. by proposed mortgagee, 431. receiver, of certified balance, 404. pending accounts, 400. And see : Payment op pcbchase-money. PAYMENT OF INCUMBRANCERS. Notes as to, 368 (n) — 371 (n). Summons for deposit of deeds by incumbrancer, and payment to him, 371. to pay off incumbrancer, by purchaser, 370. out of sale proceeds in court, 369, 37 1. PAYMENT OF PURCHASE MONEY. AiSdavit of amount of interest payable, 362. Conditions of sale as to, 275, 283. Notes as to, 361 (n), 364 (n). Summons by purchaser for allowance of compensation, 367. leave to pay, 361. without prejudice, 364. time to pay, 366. separate purchasers to pay, on one application, 363. to compel payment, 365. and for a resale in default, 382. pay off incumbrance out of purchase- money, 369-371. PAYMENT OUT OF COURT. Affidavit verifying a protection order, 469. of identity, 152, 462. no settlement affecting fund, 466. whatever, 465. Note as to, 461 (n). Summons for, 461 (n). a settlement of fund, by order, on wife and children, 467. payment to the husbandin wife's right, 463. the wife, under a prqtection order, 468. to appoint commissioners to take examination of wife, 464. PECUNIARY LEGATEE. Administration summons by, 92, 93. AfBdavit in support, 98. PEDIGREE. Abstract of the evidence supporting, 153. Advertisement for claimants, 1 50. Affidavit in support of, 152. Note as to the evidence to support, 152 (n). of heir and next of kin, 151. PERFORMANCE OP COVENANTS. Condition as to, on the sale of a lease, 299 (a). 299 (s^ PERSONAL ESTATE. ^^'' AcCOtTNT OP : Affidavit, negative, 159. verifying: by administrator, 157. - executors, 156. supplemental account, 158. INDEX. 35 PERSONAL ESTATE, continued: AccouKT OF, continued: Chief clerk's certificate of result of accounts and inquiries, 185. Form of, 155. Order directing, 154. to raise deficiency out of realty, 430. Request to taxing-master to tax costs claimed by accounting party, 160. Summons to administer, 92, 93. And see: Account. — Annuities; — Funeral expences. — Legacies. — Outstanding estate. PERSONAL REPRESENTATIVE. Administration summons by or against, 92, 93. Mode of describing, in a summons, 7 (n). PETITION, for discbarge from custody on leaving account, 145. of infant, not a "ward, for sanction' of settlement on marriage, 523. to assign guardian ad litem, 113. attend proceedings, 116. ward, for inquiry as to proposed marriage, and approval of settlement, 522. sane adult, for leave to attend proceedings. 111. to approve lease under the settled estates acts, 554, PETITION ADJOURNED TO CHAMBERS. Summons to proceed on, 454. PLAN. Reference to, in particulars of sale, 261. PLEA See : Defence by demubrek, &c. ; And note, 45 (n). POSSESSION ON SALE BY THE COURT. Condition as to, 275. Summons for delivery of, 361. POWER OF ATTORNEY. Condition of sale as to deed executed under, 303. to receive redemption money, 203. POWERS. Note as to, 413a (n). POWERS TO REDEEM AND SELL in mortgage, under order, of an estate in settlement, 432. PR.a;ciPE for appearance to original summons, 12. memorandum of service of notice of decree, 110. subpoena for production of documents at chambers, 130. PRIMA FACIE EVIDENCE. Summons for books to be taken as, 148. PRIVATE CONTRACT, SALE BY Affidavit verifying signature to contract, 340. Conditional contract, 338. by indorsement on particulars, 339. Note as to, 338 (n). Summons to approve contract, 341. pay in deposit, 348, 349. PRO CONFESSO. Note as to taking bill, 91 (n). F F 2 36 INDEX. PRO INTERESSE SUO. Summons for inquiry as to interest, 457. PROBATE. Mode of describing, 96. Notice to produce, 94. PROCEED UNDER DECREE OR ORDER. Certificate verifying copy, 118. Note of solicitors' names, 119. Summons to proceed, 120. under a winding-up order, 544. PROCEEDINGS IN SUIT. Condition of sale as to their being conclusive, 304. PROCEDURE AT CHAMBERS, on application for a judicial opinion, &o., 548 (n). to appoint a receiver, 383 (n). approve apprenticeship of an infant, 515 (n). bill for an act of Parliament, 225 (n). contract for a lease, and the lease thereunder, 413 (n), 571 (n). investment in land, or on mortgage, 438 (n). marriage of a ward of court, and settlement thereon, 523 (n). sanction a settlement under 18 & 19 V. c 43, S23 (n). under the Charitable trusts acts, 531 (n). Companies act 1862, 541 (n), 544 (n). Debts and liabilities acts, 535 (n). Defence acts, 546 (n). Legacy duty act, 552 (n). Settled estates acts, 554 (n), 555 (n), 561 (n), 563 (n), 569 (n), 571 (n). Sir George Turner's act, 535 (n). Stannary court amendment act, 576 (n). Trustees relief act, 578 (n). PROCESS IN DEFAULT OF ANSWER. Note as to, 37 (n). PRODUCE, NOTICE TO Probate or letters of administration, 94. PRODUCTION OF DOCUMENTS. Affidavit as to the possession of documents, 480. Direction to seal subpeena for, 129. Form of subpeena for, 131. Note as to, 470 (u). Order for time to file affidavit as to possession, 479. on application to consider sufficiency of affidavit, 482. Summons for affidavit, and inspection out of court, 475. against a corporation, 477. two or more persons, 476. production in court, 473. against two or more per- sons, 474. by incumbrancer concurring in sale, 368, 371. delivery out of court of documents, 485-7. deposit in court of documents admitted by answer, 470. further affidavit as to documents, 483. INDEX. 37 PRODUCTION OF DOCUMENTS, continued: Summons for inspection out of court of documents admitted by answer, 471. against numerous defendants, 472. leave to seal up, 484. time to file affidavit as to possession, 478. to consider objection to produce documents, 482a. sufficiency of affidavit as to documents, 481. PROMISSORY NOTE. Affidavit of debt due on, 169, 170. PROPERTY TAX ACTS. Table of, 362 (n). PROPOSAL as to a receiver, 386. counter proposal, 387. for sale, 233. PROTECTION ORDER. Affidavit verifying, 469. Mode of describing,'? (n). Note as to, 468 (n). Summons for payment out to wife under, 468. PROVISIONAL OFFICIAL LIQUIDATOR. Summons to appoint, 545. PUBLIC STATUTES CONFERRING A SUMMARY JURISDICTION. Table of. Appendix D. PUBLIC WORKS. Summons to appoint valuer on sale under the lands clauses act, 436. And see: Pakt XVIII., Intkoduction. PURCHASE OF LAND. See : Investments in Lanod. QUAKER. Affirmation by, 17. QUIT RENTS. Condition as to, on a sale, 305. RAISING DEFICIENCY OF PERSONALTY. Note as to, 430 (n). Order to raise from realty a deficiency of personalty to pay debts and costs, 430. Powers to redeem and sell in mortgage of an estate in settlement, 432. Recitals in mortgage of order to create same, and of payment in, 433. Summons for payment in, by proposed mortgagee, 431. REAL ESTATE. Affidavit answering inquiries as to, 156. supporting summons for administration of, 96, 97. Order directing accounts and inquiries as to, in administration suit, 1 54. to raise deficiency of personalty from, 430. Summons for a sale of, 231. administration of, 92, 93. And see : Rents and pkofits. RECEIPT OF CONVEYANCE. admission of, by one purchaser, 378. several purchasers, 379. RECEIVER. Account : Affidavit verifying, 402. Chief clerk's certificate of allowance, 403. 38 INDEX. RECEIVER, continued: Account, continued : Form of, 398. Note as to, 398 (n). Sammons by receiver to pay money into court pending account, 400, for receiver's representatives to pass his final account, 405. to compel receiver to bring in, 399. pay certified balance, 404. proceed on, 401. put recognisance in suit, 406. Appointment and discharge. Affidavit of fitness of proposed receiver, 388. Chief clerk's, certificate of receiver having given security, 394. Counter proposal for a receiver, 387. ' Justification of sureties, 392. Note of the procedure at chambers, 383 (n). Order approving security, and appointing receiver, without certifi- cate, 395. Proposal for a receiver, 386. Recognisance, 389. where the parties are bound in dissimilar amounts, 390,391. Summons for receiver to give a new security, 397. to appoint receiver, 383. after security given, 393. discharge and vacate recognisance, 396. proceed.under order to appoint a proper person, 384. settle security of receiver appointed subject thereto, 385. Management. See Part XIV., Management. Table of costs in a receivership, Appendix C. RECITAL. in bill for an act of Parliament: of order, and certificate of approval, 230. conveyance to a purchaser : of order of sale, certificate of result, pay- ment of purchase-money, and approval of deed, 374. lease: of order (and certificate) approving same, 417. marriage settlement of an infant : of order sanctioning same, 528. mortgage : of order to create same, and of payment in, 433. on a purchase by the court : of order, and certificate of title and approval, RECITALS TO BE CONCLUSIVE. Condition of sale as to, 306. RECTIFICATION OF A COMPANY'S REGISTER. Summons for, 542. RECOGNISANCE as security for deposits, 324. to refund, 495. of receiver and sureties, 389. „ , . where bound in dissimilar amounts, 390, 391. hummons for receiver to give a new security, 397. to put in suit, 406. vacate, 396. REDEMPTION. See: Mortgage suits. REFERENCE TO PLAN in particulars of sale, 261. INDEX. 39 REFUND. See : Security to refund. REGISTERS OF A PUBLIC COMPANY. Summons to inspect register of members, 541. mortgages, 543. rectify register of memters, 542. REGISTRY OF DEEDS. Certificate of sale as to, 307. REHEARINGS AND APPEALS. Note as to, 91 (n). REMOVE GUARDIAN. Sammons to, 512. RENEWAL OF LEASE. " Notes as to, 421 (n), 422 (n). Summons for leave to accept, 422. grant, 421, RENTS AND PROFITS. Account of, 180. Affidavit verifying account of, 156 (11, 12), 181. . supplemental account of, 1 82. negativing receipt of, 183, 184. Chief clerk's certificate of result of account of, 185. Condition of sale as to apportionment of current, 285. reserved, 286. purchaser's right to, 275. Order directing account of, in administration suit, 154 (7). mortgage suit, 196. And see: Reai. estate. REPAIRS— DR AIN AGE. Summons for leave to (drain and) repair, 434, 435. REPLICATION. Affidavit supporting application to withdraw, and amend hill, 55. Note as to, 72 (n). Order for leave to withdraw, 72. and amend hill, 56. time to file, 70. Summons for leave to withdraw, 71. and amend hill, 54. time to file, 69. REPORT OF A SCIENTIFIC PERSON. Affidavit verifying, 24. REPRESENTATIVE OF A DECEASED'S ESTATE. Note as to, 488 (n). Summons to appoint, pending proceedings in chamhers, 488. carry on proceedings without, 489. REPRESENTATIVE OF A RECEIVER. Sammons for, to pass his final account, 405. REQUESTS. See : Directions. REQUISITIONS ON TITLE. Condition of sale as to, 273. Statement of, 212. RESALE ON DEFAULT. Condition of sale as to, 277. Note as to, 382 (n). Summons for, 382. 40 INDEX. RESALE ON OPENING BIDDINGS. Order for, 352. RESCINDING CONTRACT. Condition of sale as to, 308. RESERVED BIDS. Affidavit as to: one lot, 318. several lots, 320. Condition of sale as to, 269, 279. Note of: one lot, 322. several lots, 323. Valuation for : one lot, 319. several lots, 321. RESERVED RENT. Condition of sale as to apportionment of, 286. RESIDUARY LEGATEE. Administration summons by, 92, 93. Affidavit in support, 98. RESULT OP SALE. Anctioneer's affidavit of: no sale, one lot, 332. several lots,. 333. sale effected, one lot, 334. several lots, 335. Chief clerk's certificate of: by tender, 347. one lot, 336. several lots, 337. Condition as to certifying, 272, 280. RETAINER. by next friend, 3. to defend, 2. sue, 1. RETRANSFER OF CAUSES. Note as to, 91 (n). RETURN OF ORIGINAL SUMMONS. Indorsement enlarging, 6. REVERSIONARY LEASEHOLD. Condition of sale as to title deeds, 291 (d). Particulars of sale of, 249. REVERSIONARY LIFE INTEREST. Particulars of sale of, 253. RIGHT OF REDEMPTION. Conditions on a sale free from, 301 (a), (b). subject to, 331 (c). Reference to, in particulars of sale, 263. RIGHT OF WAY. Reference to, in particulars of sale, 263. ROOT OF TITLE. Condition of sale as to, 281, 309. ST. LEONARDS' (LORD) ACT, 22 & 23 V. c. 35. Notice to creditors under s. 29, 540. SALE BY PRIVATE CONTRACT. Affidavit verifying purchaser's signature to contract, 340. Conditional contract of sale, 338. by indorsement on particulars, 339. Note as to, 338 (n). Summons to approve contract, 341. INDEX. 41 SALE BY PUBLIC AUCTION. Note as to, 231 (n). SALE BY^TENDEr"™"^^' ^^^ ^tll.— And the separate titles. Adyertisement of, 342. Chief clerk's certificate of result of, 347. Conditions of, 345. Form of tender, 346. Introduction to particulars and conditions of, 343. Note as to, 342 (n). Partipulars of, 344. SALES UNDER ACTS AS TO PUBLIC WORKS. Summons to appoint a valuer under the lands claiises act, s. 9, 436. SANCTION OF JUDGE. Proviso as to, before sale of estate mortgaged by the court, 432. to marriage settlement of an infant. See : Infants. SCANDAL. , Summons to expunge scandalous matter, 490. Note as to, 490 (n). SCHEME FOR A CHARITY. Minute of order approving, 534. SCHEME FOR MAINTENANCE, 509 (9). SCIENTIFIC PERSON. Affidavit verifying certificate of, 24. Instructions to, 23. SEAL UP DOCUMENTS. Summons for leave to, 484. SEALED TENDER, SALE BY. See : Sale by tender. SEARCH FOR JUDGMENTS, &c. Affidavit of, 448. Notes as to, 448 (n). SECURITIES. Summons to sell, 429. SECURITY BY RECEIVER. See : Receiver. SECURITY FOR COSTS. Bond as, 492. Note as to, 491 (n). Summons for, 49 1 ■ to pay money into court as, 493. SECURITY FOR DEPOSITS. See : Deposit on sale. SECURITY TO REFUND. Certificate of approval, execution, and inrolment of recognisance as, 497. Justification of surety, 496. Note as to, 494 (n). Order directing a transfer on, 494. Recognisance as, 495. SEPARATE ESTATE. Note as to, 468 (n). SEPARATE EXAMINATION OF MARRIED WOMAN. Note as to, 464 (n). SEPARATE PURCHASERS. Summons by, for leave to pay in purchase moneys on joint application, 363. 42 INDEX. SERVICE. Abroad : Summons for, of bill (and interrogatories), 25. Affidavit or : of administration summons, 95. chief clerk's summons, 128. notice of motion for decree, 60. ordinary summons, 20. original summons, 19. OF Notice of decree : Summons for directions as to, ipo, 102. SuBSTiTCTED : Summons for, of ordinary summons, 11. original summons, 10. SETTING DOWN CAUSE. Note as to, 91 (n). Note for, in summons suit, 191. Notice of, 192. SETTLE. Summons to settle chief clerk's certificate, 186. security to be given by receiver, 385. SE'TTLED ESTATES ACTS. 'Affidavit by guardian of tenant in tail for leave to make or consent, 560. of fitness of proposed examiner of a married -woman, 562. supporting application for leave to make or consent to an appli- cation for an infant, 557. to approve a collection of draft leases, 573. verifying engrossments of leases, 574. signatures to examination of married woman, and certificate, 565. Certificate of examination of a married woman, 564. Chief clerk's certificate of approval of leases, 575. Condition of sale as to payment of purchase-money to trustees, 283 (c). ■where co-owners concur, 283 (d). that proceedings shall be conclusive, 304 (b). And see : Part XII. Consent to act of proposed guardian of infant, 558. Directions as to notices, 569. Examination of a married woman, 563. Exhibit on examination and certificate, 566. Minute of examination of a married woman by the Judge, 567. Model form of building lease, 571. Notes as to, 554 (n), 555 (n), 561 (n), 563 (n), 569 (n), 571 (n). Notice of petition, 570. Petition to approve of a lease, 554. Summons by guardian of tenant in tail for leave to make or consent to application, 556. for directions as to notices, 568. to appoint examiner of a married woman, 561. guardian of infant to make application, 555. consent to application, 556. settle a collection of draft leases, 572. SETTLEMENT OF FUND IN COURT. Summons for, on wife and children, 467. And see : Infant. SEVERAL CREDITORS. Affidavit by, in proof of their individual debts, 172a. INDEi. 43 SHARES. Summous for leave to pay call on, 427. SHEEP-WALK. Condition of sale as to, 311. Reference to, in particular of sale, 264. SIGNATURE, AFFIDAVIT VERIFYING to consent to act of proposed trustees, 221, .525 (8). contract of sale, 340. deed, 450. examination of married woman, and certificate, under the settled estates acts, 565. SIMPLE CONTRACT DEBTS. Affidavit to prove, 171, 172. Note as to, 171 (n). SMALL DEBTS. Affidavit by executor or administrator of investigation of, 176. SMALL LOTS. Condition of sale as to abstract of title to, 281.. SOLICITOR. Affidavit of debt due to, 172 (11). SOLICITORS' NAMES. Note of, for chambers, 119. SPECIAL EXAMINER. Affidavit of fitness of proposed, 499. Note as to, 498 (n). Summons to appoint, 498. SPECIALTY. Affidavits of debt due on, 166-8. SPECIFIC PERFORMANCE SUITS. Chief clerk's certificate of good title, 214. under order on farther consideration, 217. Decree for specific performance, and inquiry as to title, 211. Note as to specific performance, 211 (n). Objections and requisitions on title, 212. Order on further consideration, 216. Reference to conveyancing counsel of objections on title, 213. Summons to vary chief clerk's certificate, 215. STAMP. ■ Condition of sale as to objection for want of, 311. STANNARY COURT AMENDMENT ACT. Note as to applications under, 576 (n). Summons to enrol a decree or order of the vice-warden, 576. STATEMENT. See : Concise statement. STATUTES, PROCEEDINGS UNDER PARTICULAR See: Part XVIH., Intkoddction. — Charitable trusts acts. — Debts and liabilities. — Companies act 1862. — Defence acts. — Judicial opinion. — Legacy duty act. — Settled estate acts. — Stannary coitrt amendment act. — Trustees relief acts. STATUTORY ENFRANCHISEMENT Note as to, 410 (n). Summons to appoint a valuer on, 410. STATUTORY JURISDICTION. See • Part XVIII., Introduction. 44 INDEX. STATUTORY NOTICE TO CREDITORS under 22 & 23 V., c. 35, s. 29, 540. STAYING PROCEEDINGS. Note as to, pending appeal, 91 (n). Summons to stay proceedings (or to dismiss bill), on terms, 500. STOCK IN TRADE. Condition of sale as to valuation of, 282. STOP ORDERS— CHARGING ORDERS. Affidavit in support of application for a stop order, 502. Note as to, 501 (n). Summons for a charging order, by consenti 506. stop order on documents, 503. fund in court, 501. purchase money, 361. to discharge a stop order, 505. substitute alienee of assignee as the restraining party, 504. STRIP OF LAND WITHOUT TITLE. Reference to, in particulars of sale, 265. SUBMIT TO EXCEPTIONS. Order for time to, 53. Summons for time to, 52. SUBPCENA TO PRODUCE DOCUMENTS. Direction to seal, 129. Form of, 131. Praecipe for, 130. SUBSTITUTE PURCHASER. Affidavit in support of application to, on a sub-sale after certificate bind- ing, 357. before, 356. Order to, on application to open biddings, 353. Summons to, 355. SUBSTITUTED SERVICE. Affidavit of, of bill, 31. Summons for : of notic6 of decree, 105. ordinary summons, 11. original summons, 10. SUFFICIENCY OF AFFIDAVIT AS TO DOCUMENTS. Order on application to consider, 482, Summons to consider, 481. SUMMARY JURISDICTION. Table of public statutes conferring. Appendix D. And see : Part XVIII., Introdbction. SUMMONS. Abroad : for service of bill (and interrogatories), 25. notice of decree, 104. Absconding defendant : for leave to enter appearance for, 30. require appearance by, 27. Abstract : for delivery of, to purchaser, 358. Account : for books to be taken as evidence on, 148. four-day order to leave, 140. time to leave, 138. TO Add to decree or order, 452. Adjournment to chambers : to proceed on, 454, 524. TO Administer an estate, 92, 93. INDEX. 45 SUMMONS, cmtinued : AFFroAviTS : for leave to use affidavit sworn after evidence closed, 77. time to notify intention to use, at hearing, 73. FOR AlXOWANCE PENDING StTIT, 4.55. TO Amend : bill (and interrogatories), 54. original summons, 8. Answer : for time to, by supplement, 44. defendant's interrogatories, 46. plaintiff's interrogatories, 38. voluntarily, 38, 42. Appearance : for leave to enter, 30. TO Appoint : guardian of an infant, 507. under the settled estates acts, 555, 556. new trustees, 222. person to convey, 380. receiver, 383. after security given, 393. speciad examiner, 498. TO Attend: at chambers for examination, 127. FOR A Charging order, 506. Charity commissioners' order : to proceed on, 532. Chief cuerk's certificate: to settle, 186. take opinion of Judge on, 187. vary, 188, 215. Chief ci.ere's summons, 127. Close evidence : for leave to use affidavit sworn after evidence closed, 77. time to, where issue joined before easter term 1861, 75. in or since, 84. Companies : for inspection of register of members, 54 1. mortgages, 543. rectification of register of members, 542. to appoint a provisional liquidator, 545. proceed under order to wind up, 544. Compensation : for allowance of, to a purchaser, 367. Compound debt or claim: for leave to, 426. Conditional contract of sale : to approve, 341. FOR Conduct of sale, 456. Copyholds : for leave to enfranchise, 408, 409. take admission to, 407. to appoint valuer of, 416. Costs : for payment of, by unsuccessful claimant, 164. Cross-examination : for time to serve notice to produce deponents for, in replication cause,87. on motion for decree, 67. to enlarge time for, 79. take, before an examiner, 86. Debts : for leave to enter claim, after time expired, 163. payment of costs by unsuccessftil claimant, 164, Debts and Liabilities : to take account of, 535. Defence Acts : for investment and payment of income of fund paid in under, 546. Demur : for leave to, 42. time to, 38. Depositions : for time to notify intention to use, 73. 46 INDEX. SUMMONS, continued: Deposits on Sale : for leave to pay in, 348. to compel payment in, 349. invest, 350. pay in money as security for, 327. FOK Directions : as to service of notices underthe settled estates acts, 568, TO Discharge : purchaser, 360. receiver, 396. stop order, 505. TO DiBiniss BrLL : by consent, 500. TO Distrain : for leave to, 424. TO Drain Land : for leave to, 434, 435. Examination on Interrogatories : for time to file, 124. to file, 123. Examination or Cross-examination of witnesses : to take before examiner, 86. Examination pro interesse sco : for inquiry as to interest, 457. Exceptions fob Insdfficibncy : for leave to file, 50. time to file, 48. submit to, 52. Exchange : for leave to effect, 411. FOR FonR-DAT order: to leave account, 140. FOR Further consideration : 190. Guardian ad litem: to assign a new, 459. Guardian of the person or estate ■ to appoint, 507, 512. Guardian under the settled estates acts : to appoint : to consent to application, 556. make application, 555. Hearing Cause : to fix a day for, 89. Husband and Wife : for a settlement on her and her children, 467. payment to him in her right, 463. her,' under a protection order, 468. to appoint commissioners to take her examination, 464. Infant : for allowance for maintenance, 508. directions as to service of notice of decree on, 100. leave to take, out of the jurisdiction, 513. the purchase of a commission, 514. to appoint a guardian, 507, 512. article or apprentice, 515. assign a guardian ad litem, 459. carry into effect a contract to lease under 1 W. 4, c. 65, 519. consent to marriage, 507. proceed on petition as to (marriage and) settlement, 524. remove guardian, and appoint another, 512. settle security of guardian of estate, 511. FOR Inquiry as to Title, 359. to instixntb or defend proceedings, 41&. Interrogatories for defendant's examination : for leave to file, 34. time to deliver, 36. file, 32. TO Invest : cash in court, 460, 546. deposits, 350. in land, 438, 439. INDEX. 47 SUMMONS, continued: To Invest: in stock, 460, 546. on mortgage, 439. FOR Judicial opinion, 548. Landlord akd tenant: to accept renewed lease, 422. carry into effect a contract to lease, 414, 519. distrain, 424. give notice to quit, 425. grant renewed lease, 421. license assignment, 423. FOR Leave : to amend bill, 54; amend summons, 8. bid, 232, 438. enfranchise, 408, 409. enter claim, 163. put in supplemental answer, 44. take admission to copyholds, 407. use affidavit sworn after evidence closed, 77. withdraw replication, 71. Legacv duty act : for a transfer or sale and payment out under, 552. Mode of procedure : for leave to consent as to, 91. Mortgage : to approve investment on, 439. Mortgage monev : for payment in of, 431. Motion for decree : for time to file affidavits in answer, 63. reply, 65. serve notice of motion, 61. to produce deponents for cross-examination, 67. Next friend : for leave to name a new, 458. Notice of Decree : for directions as to service on infants, 100. person of unsound mind, 102. leave to serve out of the jurisdiction, 104. to substitute service, 105. Notice to quit : for leave to give, 425. Official Liquidator : to appoint, provisionally, 545. to Open BIDDINGS : 351. for return of deposit to an opener outbid, 354. Ordinary summons : 7. to Originate proceedings, 5. Outstanding estate : to get in, 428. FOR Payment into court i and investment, 460. by a mortgagee, 431. purchaser, 361. without prejudice, 364. receiver, 400, 404. several purchasers, by one application, 363. to compel payment by purchaser, 365, 382. receiver, 404. enlarge time for payment, 366. FOR Payment of incumbrancers: by a purchaser, 370. out of fund in court, 369, 371. FOR Payment out of court : to a person entitled, 461. husband in right of wife, 463. 48 INDEX. SUMMONS, conHnued: FOE Payment out of court, continued : to wife, nuder a protection order, 468. under the Defence acts, 546. Legacy duty act, 552. Trustees relief acts, 578. Plead : for leave to, 42. time to, 38. PrimI facie evidence: for books to be taken as, 148. Pro interbsse suo : for inquiry as to interest, 457. TO Proceed: on petition adjourned to chambers,. 454, 524. receiver's account, 401. imder decree or order, 120. order of charity commissioners, 531. to appoint receiver, 384. ■wind up company, 544. Production of documents : for affidavit and deposit in court, 473. by two or more persons, 474. inspection out of court, 475. against a corporation, 477. two or more per- sons, 476. delivery out of documents, 485-7. deposit in court of documents admitted by answer. 470. further affidavit as to documents, 483. inspection out of court of documents admitted by answer, 471. of nu- merous defendants, 472. leave to seal up, 484. time to file affidavit, 478. to consider an objection to produce documents, 482a. sufficiency of affidavit as to documents, 481. Public companies : to inspect register of members, 541. mortgages, 543. rectify register of members, 542. Purchase of estate: for leave to bid for, 438. to approve of, 439. Receiver : to appoint, 383. after security given, 393. compel, to bring in account, 399. pay in certified balance, 404. discharge, 396. give a new security, 397. pass account of deceased, 405. pay in money, pending account, 400, proceed on account, 401. under order to appoint a proper person, 384. put recognisance in suit, 406. settle security, 385. vacate recognisance, 396. And see : Part XIV., Management. Recognisance : to put in suit, 406. vacate, 396. INDEX. 49 SUMMONS, continued : Redeem : for time to, 201. to fix a new day to, 202. Renewal of lease: for leave to accept, 422. grant, 421. Repair : for leave to, 434, 435. Replication : for leave to withdraw, 71. and amend bill, 54. time to file, 69. Representative of a deceased's estate: to appoint, pending proceedings at chambers, 488. dispense with, 489. FOR A Resale : on default of purchaser, 332. Sale: of real estate. 231. securities, 429. stock, 461, 552. Scandal : to expunge scandalous matter, 490. Security for costs : for plaintiff to give, 491. to pay in money as, 493. FOR Service: of bill (and interrogatories), abroad, 26. TO Settle: draft of chief clerk's certificate, 186. conveyance, 372. fund in court, 467. leases, 572. security of a guardian, 511. receiver, 385. Special examiner : to appoint, 498. Stannary cofrt : to inrol decree of vice- warden, 576. TO Stay proceedings : on terms, 500. FOR Stop order : on documents, 503. fund, 501. for StrBSTiTUTED SERVICE : of notlce of decree, 105. ordinary summons, 11. original summons, 10. TO Substitute : alienee of assignee in stop order, 504. purchaser, 355. Supplemental answer : for leave to file, 44. TO Take opinion of Judge : on chief clerk's certificate, 187. Timber : for leave to cut and sell, 437. for Time : to amend bill, 57. answer affidavits, on motion for decree, 63. by supplement, 44. defendant's interrogatories, 46. plaintiff's interrogatories, 38, 42. voluntarily, 38, 42. apply that evidence be taken viva voce at the hearing, 81. close evidence: where issue joined before easter term 1861, 75. in or since, 84. cross-examine witnesses, 79. deliver interrogatories for defendant's examination, 36. demur, 38. file afSdavit as to documents, 478. in answer to motion for decree, 63. reply to defendant's afSdavits, 65. examination on interrogatories, 124. G O 30 INDEX. SUMMONS, continued : FOR TvAE, continued: to file exceptions for insufficiency, 48, interrogatories for defendant's examination, 32. replication, 69. leave accounts, 138. notify intention to use afiidavits or depositions filed or made before issue joined, 73. pay in purchase-money, 366. plead, 38. redeem mortgaged estate, 201. reply to defendant's affidavits on motion for decree, 65. serve notice of motion for decree, 61. to produce deponents for cross-examination : in replication cause, 87. on motion for decree, 67. submit to exceptions, 52. FOR Transfer into court, 460, FOR Transfer out of cotiBT, 461, 552, 578. Trustees : to appoint, 222. Tkdstees relief acts ! for a transfer and sale or payment out of corpus, or payment of income, 578. Unsound mind: for directions for service of notice of decree, 102. Valubb : to appoint, on enfranchisement of copyholds, 410. under the lands clauses act, 436. TO Vary : chief clerk's certificate, 188, of good title, 21^. FOB A Vesting order, 380. Viva voce : for evidence to be so taken at the hearing, 83. time to apply that evidence be so taken, 81. VoLUNTABT ANSWER : for leave to file, 42. time to file, 38. Winding up : to appoint provisional official liquidator, 545. proceed under order for, 544. SUMMONS SUITS: Proceedings in, to the hearing, 92-99. SUPPLEMENTAL ACCOUNT. Affidavit verifying : of personal estate, 158. rents and profits, 182. SUPPLEMENTAL ANSWER. Order for leave to put in, 45. Summons for leave to put in, 44. SURCHARGE. Form of, 146. Notice of, 147. SURETY, JUSTIFICATION OF. for receiver, 392. of deposits on a sale, 325. on security to refund, 496. SURGEON. Affidavit of debt due to, 172 (15). SURRENDER OF FORMER LEASES. Condition of sale as to, 299 (h). INDEX. 51 SURVEY preparatory to a sale, 235. SURVEYOR. Affidavit of debt due to, 172 (14). on & purchase by the court, 440. TAXING-MASTER. Direction to, to tax costs claimed as a debt, 165. by accounting party, 160. TENANT IN TAIL. Summons to make or consent to an application for, under the settled estates acts, 569. TENANT'S RIGHTS. Condition as to, on a sale, 312. TENDER, SALE BY. See: Sale bt tendek. TESTATUM OF CONVEYANCE where the considerjttion is payable out of fund in court> 446, 447. TIMBER. Condition of sale as to valuation of, 274. Note as to, 437 (n). Particulars of sale as to, 266. Summons for leave to cut and sell, 437. pay in value of, 361 364-5. TITHE FREE LANDS. Reference to, in particulars of sale, 266a. TITHE RENT CHARGE. Particulars of sale of, 254. Reference to, in particulars of sale, 266a. TITLE DEEDS. See: Deeds. TITLE, INQUIRY AS TO. See: Inquiry as to title. TRANSFER INTO COURT. Summons for, 460. TRANSFER OF CAUSES. Note as to, 91 (n). TRANSFER OUT OF COURT. Summons for, 461. under the Legacy duty act, 652. Trustees relief acts, 578. TRAVERSING NOTE. Note as to, 37 (n). TRIALS WITH AND WITHOUT A JURY. Note as to, 91 (n). TRUSTEE ACTS. See: Chabitable TBtJSTS acts. — Trustees. TRUSTEES. Appointee to convey : Summons for, 380. Appointment of new trustees. Affidavit of fitness of persons proposed, 219. verifying their signatures to consent to act, 221. Chief clerk's certificate of approval of deed (of appointment, and) to vest the trust estate, 224. Consent to act of persons proposed, 220. Minute of order appointing new trustees, 223. 52 INDEX. TRUSTEES, continued: Appointment op new tkdsteks, confe'naerf: Note as to, 218 (n). Order directing, 218. Summons to appoint approved persons trustees, 222. And see : Charitable trusts acts. Vesting order : Summons for, 380. TRUSTEES RELIEF ACTS. Affidavit by trustee, for leave to pay fuBd into court, 577. Note as to, 577 (n), 578 (n). , " Summons for a. transfer or sale and payment out, 578. TURNER'S (SIR GEORGE) ACT. See : Debts and liabilities. UNSOUND MIND. See Lunatic. VACATE RECOGNISANCE. Summons to, 396. VACATING INIiOLMENT OF DECREE. Note as to, 91 (n). VACATION. Condition as to certifying result of sale in, 280. VALUATION. for reserved biddings on a sale, 319, 321. of stock in trade : Condition of sale as to, 282. timber : Condition of sale as to, 274. Reference to, in particulars of sale, 266. VALUER. Summons to appoint : on a statutory enfranchisement, 410. under the lands clauses act, 436. VARIATIONS. iri administration summons, 93. VARY CHIEF CLERK'S CERTIFICATE., Note of adjournment into court of summons to, 189. Order to, 216. Summons to, 188, 215. VESTING ORDER. Condition of sale as to, 313 Note as to, 380 (n). Summonsfor, 380. VIvA VOCE. Order for time to apply that evidence be so taken, at the hearing, I Summons for evidence to be so taken, 83. time to apply that evidence be so taken, 81. VOLUNTARY ANSWER. Affidavit supporting application for time to put in, 40. Order for leave to put in, where time expired, 43. time to put in, 41. Summons for leave to put in, where time expired, 42, time to put in, 38. WANT OF DEED. Condition as to, on a sale, 291 (e). WARD OF COURT. See : Infant. INDEX. 53 WIFE. See: Husband and wife. — Marbied woman. WINDING UP OF COMPANY, Note as to, 544 (n). Sammons to appoint a pTovisional official liquidator, 545, proceed under order for, 544. WITHDRAW RKPLICATION. Order for leave to, 72. and amend bill, 56. Summons for leave to, 7 1 . and amend bill, 54. WITHOUT PREJUDICE. Summons for leave to pay in purchase-money, 364. WITNESSES. Direction to examiner to take examination of, 134. Note as to, 128 (n). Order for time to serve notice to produce deponents for cross-examination : after replication, 88. on motion for decree, 68. to enlarge time for cross-examination, 80. Sammons for attendance of a witness at chambers, 127. time to serve notice to produce for cross-examination : after replication, 87. on motion for decree, 67. to enlarge time for cross-examination, 79. And see : Examination vrvi voce. WORK. Affidavit of debt due for, 172 (8-9). YORKSHIRE REGISTERS. Affidavit of search in, 448 (6). Note as to, Id. H H Printbd by E. Cox, 102, Chancery Lane, Adjoining the Law Institution, London, W.C.