1845.

C. D. [and others, or another, are or] is Defendant [or Defendants,
or in the matter of
as the case may be,] by our Court
of Chancery adjudged to be paid by you the said
under
pain of an attachment issuing against your person, and such process
for contempt as the Court shall award in default of such payment.
Witness, &c.

DEVON.

Subpoena to testify viva voce, and before the Master.

6.-Subpoena to testify vivâ voce in Court, or to testify before

We command you [and every of you] that, laying all other matters aside, and notwithstanding any excuse, you personally be and appear before our Lord High Chancellor [or before his Lordship or Honour the Master of the Rolls, or before Mr.

one

of the Masters of our High Court of Chancery, or before E. F. or
G. H., Commissioners named in a Commission issued to them for
that purpose], at such time and place as the bearer thereof shall by
notice in writing appoint, to testify the truth according to your
knowledge in a certain suit now depending in our High Court of
Chancery, wherein A. B. [and others, or another, are or] is Plaintiff
[or Plaintiffs], and C. D. [and others or another, are or] is Defendant
[or Defendants], on the part of the
[in case of
subpœna duces tecum, add, and that you then and there bring with
you and produce, &c.] And hereof fail at your peril.
Witness, &c.

DEVON.

Subpæna ad test, and duces tecum.

7.- Subpoena ad test. and Subpoena duces tecum. Victoria, &c.

We command you [and every of you] that, laying all other matters aside, and notwithstanding any excuse, you personally be and appear before Mr. one of the examiners of witnesses in our High Court of Chancery, at his office in Rolls Yard, Chancery Lane, London, at such times as the bearer hereof shall by notice in writing appoint, [or before E. F. or G. H. Commissioners appointed for the

examination

examination of witnesses in our Chancery, at such times and places as the bearer hereof shall by notice in writing appoint,] to testify the truth according to your knowlege in a certain cause depending in our said Court of Chancery, wherein A. B. [and others, or another, are or] is Plaintiff [or Plaintiffs], and C. D. [and others, or another, are or] is Defendant [or Defendants], on the part of the

[in case of subpoena duces tecum, add, and that you then and there bring with you and produce, &c.] And hereof fail not at your peril. Witness, &c.

LYNDHURST, C.

LANGDALE, M. R.

DEVON.

LANCELOT SHADWELL, V. C. E.
JAMES WIGRAM, V. C.

1845.

VOL. VII.

The Marquis of HERTFORD v. Lord LOWTHER. (Countess Zichy's Case.)

BY

Y a codicil to his will, dated the 3d of May 1827, the late Marquis of Hertford bequeathed as follows:

"I give and bequeath to Charlotte Leopoldina, now Countess Emanuel de Zichy, over all other bequests and legacies, all the goods and chattels, plate, linen, money at the bankers or stock in the Monte de Milano, linen, horses, carriages, &c., I may die possessed of at Milan, or in Lombardy, on condition she gives 3000l. sterling to the Casa d'Assicurazione, to make an annuity for the life of Angelica Felicite Borel, (late of Milan, No. 1246. Contrada di Monte, and of No. 3. Rue Provence at Paris,)

and

June 12.
Dec. 14.

Generally, do not pass by a bequest of " goods and chattels," in a particular locality. Bequest of and chattels, "all the goods plate, linen, money at the

choses in action

bankers, or stock in the

Monte de

Milano, linen, horses, car

riages, &c. I may die possessed of at

M." Held, not to pass Polish certificates and Neapolitan bordereaux (being government obligations), there situate, entitling the bearers to receive the interest and capital at a future time. Held also, that such securities could not be considered as money or cash; and, 3dly, that not having their locality at M., they did not pass under the words et cætera at M.

VOL. VII.

B

1843.

The Marquis of HERTFORD

บ. Lord LOWTHER.

and that her husband gives her power to hold this as her own separate property. A codicil."

"Hertford."

The testator, at the time of his death, was the owner of property at Milan of various descriptions and of considerable value, the particulars of which the Master set forth in a schedule to his report, and amongst them he included the following particulars:

600 Polish certificates A, of 300 florins each, with 5 per cent. interest, payable 1st January and 1st July; in total, 180,000 florins.

1259 Polish certificates B, of 200 florins each, without interest; in total, 251,800 florins.

Four certificates of the Vienna loan, to be reimbursed 1st January 1843, of 370 florins each; in total 1480 florins.

Seventeen certificates of the Vienna loan, 1831, of 500 florins each, nominal capital, without interest; in total, 8500 florins.

Eight bordereaux, each bearing 10 coupons of six months' interest of 12 ducats and 50 grains, relative to the Neapolitan state obligations.

The Master found that, together with other property of various kinds, these certificates and bordereaux passed to the Countess Zichy, by the codicil of the 3d day of May 1827.

The Plaintiff took exceptions to this report, which now came on for argument.

The