SCHED. (J.), No. II.] FIERI FACIAS DE BONIS ECCLESIASTICIS. 177 No. II. WRIT OF FIERI FACIAS TO THE ARCHBISHOP, DE BONIS ECCLESIASTICIS, DURING THE VACANCY OF A BISHOP'S SEE. VICTORIA, [&c., as in the preceding form,] To the Right Reverend Father in God [JOHN,] by Divine Providence Lord Archbishop of Canterbury, Primate of All England and Metropolitan, greeting. We command you, that of the ecclesiastical goods of C. D., Clerk, in the diocese of , which is within the province of Canterbury, as Ordinary of that Church, the Episcopal See of now being vacant, you cause to be made [&c. Conclude as in the preceding form.] [18th July 1857.] No. III. WRIT OF SEQUESTRARI FACIAS DE BONIS ECCLESIASTICIS. VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, To the Right Reverend Father in God, (JOHN,) by Divine permission Lord Bishop , greeting. Whereas we lately commanded. of our Sheriff of that he should omit not by reason of any liberty of his county, but that he should enter the same, and cause [to be made, if after the return to a Fieri Facias, or, delivered, if after the return to an Elegit, &c. and in either case recite the former Writ]. And whereupon our said Sheriff of on [or, "at a day past,"] returned to us in our said Court of Chancery that the said C. D. was a beneficed Clerk, that is to say, Rector of the Rectory [or, Vicar of the Vicarage] and Parish Church of in the county of and within your diocese, and that he had not any goods or chattels, or any lay fee, in his bailiwick [here follow the words of the Sheriff's return]. Therefore we command you that you enter into the said Rectory [or, Vicarage] and Parish Church of and take and sequester the same into your possession, and that you hold the same in your possession until you M and interest aforesaid of shall have levied the said £ the rents, tithes, rent charges in lieu of tithes, oblations, obventions, fruits, issues, and profits thereof, and other ecclesiastical goods in your diocese, of and belonging to the said Rectory [or, Vicarage] and Parish Church of and to the said C. D. as Rector [or, Vicar] thereof, to be rendered to the said A. B.; and what you shall do therein make appear to us in our said Court immediately after the execution hereof; and have you there then this writ. Witness ourself at Westminster, the day of in the year of our Lord ROMILLY, M. R. expenses of the Indorse it as a Fi. Fa.: After the words " execution," add, "and sequestration." [Ord. of 18th July 1857.] Schedule (K.) SUMMONSES. No. I. Form of General Summons. [Referred to in the 2nd Rule of Order XXXV. and in the 10th Rule of Order XLI.] Let all parties concerned attend at my Chambers [in the Rolls Yard, Chancery Lane, Middlesex], [or, at No. —, Lincoln's Inn, Middlesex], on at the " of the clock in the Square, noon, on day of the hearing of an application on the part of [here state on whose behalf the application is made, and the precise object of the appli cation.] To Dated this 1860. JOHN ROMILLY, Master of the Rolls, day of or, X. Y., Vice-Chancellor. This summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for The following Note to be added to the original summons where proceedings originate in Chambers; and when the time is altered by indorsement, the indorsement to be referred to as below. 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 mentioned, at the time mentioned in the indorsement hereon,] such order will be made, and proceedings taken, as the Judge may think just and expedient. [Ord. of 16th October 1852.] N.B.-The next is the Form of Summons to be obtained under No. II. Form of Administration Summons. [Referred to in the 3rd Rule of Order XXXV.] In Chancery. In the Matter of the Estate of John Thomas, late of the Upon the application of Joseph Wilson, of Russell 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 the Rolls Yard, Chancery Lane, Middlesex], [or, at No. Square, Lincoln's Inn, Middlesex], on day of at , of the clock in the the noon, and show cause, if he can, why an order for the administration of the personal [or, real and personal] estate of the said John Thomas, by the High Court of Chancery, should not be granted. 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. 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 mentioned, at the time mentioned in the indorsement hereon,] such order will be made, and proceedings taken, as the Judge may think just and expedient. [Ord. of 7th Aug. 1852, 1st Set.] No. III. Form of Summons by Chief Clerk. [Referred to in the 4th Rule of Order XXXV.] In Chancery. In the Matter of the Estate of John Thomas, late of The defendant, William Jackson [or, A. B., of, &c.] is hereby summoned to attend at the Chambers of the Master of the Rolls [or, Vice-Chancellor Lane [or, No.-, the the clock in the noon, to be examined [or, to be examined for the purpose of as a witness] on the part of the the proceedings directed by the Master of the Rolls [or, the said Vice-Chancellor] to be taken before me. Dated this day of 1860. A. B. Chief Clerk. This summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for [Ord. of 16th October 1852.] Schedule (L.) [Referred to in the 37th Rule of Ord. XXXV.] FORM OF ADVERTISEMENT. Pursuant to a decree [or, order] of the High Court of Chancery, made in [the matter of the estate of and in] a cause against the creditors of [or, the persons claiming debts or liabilities affecting the estate of, or the persons claiming to be next of kin to, or the heir of, as the case may be], late of who died in or about the month of by their solicitors, on or before the No. Square, Lin to come in and prove their debts [or, claims] at the Chambers of the Master of the Rolls, in the Rolls Yard, Chancery Lane [or, of the Vice-Chancellor coln's Inn], Middlesex, or in default thereof they will be peremptorily excluded from the benefit of the said decree [or, order]. |