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9 & 10 Vict.

c. 95, s. 110.

57. Certificate for the Discharge of a Defendant from Custody.

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Between A. B., Plaintiff,

and
C. D., Defendant.

day of

185,

I hereby certify, that the defendant, who was committed to your custody by virtue of a warrant of commitment under the seal of this Court, bearing date the has paid and satisfied the sum of money for the nonpayment whereof he was so committed, together with all costs due and payable by him in respect thereof; and that the defendant may, in respect of such warrant, be forthwith discharged out of your custody.

Given under the seal of the Court, this 185.

day of

Registrar of the Court.

By leave of the Judge of the Court,

To the Governor or Keeper of

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It is ordered, that the judgment in this case, and all subsequent proceedings thereon, be set aside, and a new trial had between the parties on [set out the terms or conditions, if any, on which the order is made].

Given under the seal of the Court, this 185.

day of

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It is ordered, that the order of this Court in this action, bear

ing date the

day of

be rescinded.

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Whereas [here insert the name, address and description of claimant, so far as is then known] hath made a claim to [certain goods and chattels (or monies, &c.) taken in execution under process issuing out of this Court, at your instance] [or certain rent alleged to be due to him]:

You are therefore hereby summoned to appear at a Court to be holden at on the day of at the hour noon, when the said claim will be adjudicated upon, and such order made thereupon as to the Judge shall seem fit.

of

in the

Given under the seal of the Court, this

185.

day of

Registrar of the Court.

To the Plaintiff.

NOTE. The claimant is called upon to give the particulars of his claim, which you may inspect, on application at the office of the registrar of this Court, four days before the day of hearing.

Hours of attendance at the office of the registrar [place of office] from ten till four, except on [here insert the day on which the office will be closed], when the office will be closed at

one.

61. Interpleader Summons to a Claimant setting up a Claim to the Goods or the Proceeds thereof.

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[Name, address and description of claimant], you are hereby summoned to appear at a Court to be holden at

185, at the hour of

on the

in the

day of noon, to support a claim made by you to certain goods and

chattels [or monies, &c.] taken in execution under process issued in this action at the instance of [the execution creditor], and in default of your then establishing such claim the said goods and chattels will then be sold [or the said monies, &c. paid over] according to the exigency of the said process; and take notice, that you are hereby required, five days before the said day, to deliver to the officer in charge of the said process, or leave at my office, particulars of the goods and chattels which [or the proceeds whereof] are claimed by you, and of the grounds of your claim; and in such particulars you shall set forth fully your name, address and description; and take notice, that in the event of your not giving such particulars as aforesaid your claim will not be heard by the Court. 185.

Το

Given under the seal of the Court, this

of

day of

Registrar of the Court.

Hours of attendance at the office of the registrar [ place of office] from ten till four, except on [here insert the day on which the office will be closed], when the office will be closed at

one.

62. Interpleader Summons to a Claimant setting up a Claim to Rent in respect of the Premises upon which the Execution was levied.

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[Name, address and description of claimant], you are hereby summoned to appear at a Court to be holden at

185, at the hour of

in the

on the

day of noon, to support a claim made by you to certain rent alleged by you to be due to you in respect of and issuing out of certain premises upon which certain goods and chattels were taken in execution under process of this Court in this action at the instance of [the execution creditor]; and in default of your then establishing such claim the said goods and chattels will then be sold, and the proceeds thereof paid over according to the exigency of the said process [or if such goods and chattels shall have been then sold, then the proceeds of such sale will be paid over according to the exigency of the said process]; and take notice, that you are hereby required, five days before the said day, to deliver to the officer in charge of the said process, or leave at my office, particulars of the amount of the rent claimed by you and of the period for which and of the premises in respect of which you claim such rent, and of the grounds of your claim; and in such particulars you shall set forth fully your name, address and description; and take notice, that in the event of your

not giving such particulars your claim will not be heard by the Court.

Given under the seal of the Court, this

Το

of

185.

day of Registrar of the Court.

Hours of attendance at the office of the registrar [place of office] from ten till four, except on [here insert the day on which the office will be closed], when the office will be closed at

one.

63. Order on an Interpleader Summons where the Claim is not established.

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It is this day adjudged, touching the claim of E. F. to certain goods and chattels [or monies, &c.] taken in execution in this action [or to certain rent alleged to be due to him], that the said goods and chattels [or monies, &c., or part thereof, to wit, &c., specifying them] are the property of the execution debtor], or [that there is no rent due to the said E. F.]

And it is ordered, that the costs of this proceeding, amounting be paid by the said E. F. to the registrar of this Court on or before the day of for the use of the

to

execution creditor.

Given under the seal of the Court, this

185.

day of

By the Court,

Registrar of the Court.

Hours of attendance at the office of the registrar [place of office] from ten to four, except on [here insert the day on which the office will be closed], when the office will be closed at one.

64. Order on an Interpleader Summons where the Claim is established.

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It is this day adjudged, touching the claim of E. F.

to

certain goods and chattels [or monies, &c.] taken in execution in this action [or to certain rent alleged to be due to him], that the said goods and chattels [or monies, &c., or part thereof, to wit, specifying them] are his property, [or that rent to the amount of is due to him].

£

And it is ordered, that the said [execution creditor] do pay to the registrar of this Court, for the use of the said E. F., £ for costs, on or before the

day of

Given under the seal of the Court, this

185.

day of

By the Court,

Registrar of the Court.

Hours of attendance at the office of the registrar [ place of office] from ten till four, except on [here insert the day on which the office will be closed], when the office will be closed at

one.

65. Warrant of Execution against the Goods of Claimant.

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18,

day of

for

the plaintiff, by the judgment of the said Court, recovered against the defendant the sum of £ debt [or damages] and for costs: and whereas the defendant, by an order of the Court, was ordered to pay the same to the registrar of the Court: and whereas default having been made in payment according to the said order, an execution issued against the goods of the defendant, under which certain goods and chattels were seized, in respect of which E. F. of, &c. made claim, and which claim was heard and decided upon at a Court held at 18 and it was adjudged that the goods so seized under the said execution were the property of the defendant [or that certain rent alleged by the said E. F. of, &c. to be due to him was not so due]: and it was ordered that the costs of that proceeding, amounting to the sum of £ should be paid by the claimant to the registrar day of 18 :

on the

day of

of the said Court, on or before the and whereas default has been made in payment according to the said last-mentioned order: these are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the said claimant wheresoever they may be found within the district of this Court (excepting the wearing

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