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and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D., or any person in trust for him, was seised or possessed of on the said

day of (the day on which the rule was made,) or at any time afterwards, or over which the said C. D. on the said day of (the day on which the rule was made), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said sum of £- together with interest as aforesaid, shall have been levied; and in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Erch. "to the said barons"] at Westminster immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement, and have there then this writ. Witness (name of chief justice or chief baron), at Westminster, the year of our Lord

the

day of

14. The like, for Payment of Money and Costs.

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Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of, greeting: Whereas, lately in our court before us [or in C. P. "before our justices of the Bench,' or in Exch." before the barons of our Exchequer"] at Westminster, by a rule of the said court, entitled, &c. [as the case may be] the sum of £- was by the said court ordered to be paid by C. D. to A. B., together with the costs of the said rule, which said costs were afterwards, on the A. D.; taxed and allowed by And afterwards the said A. B.

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our said court at the sum of £ came into our said court before us, [or in C. P. “before our justices of the Bench," or in Exch. "before the barons of our Exchequer,"] and according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D., or any one in trust for him, was seised or possessed of, on the said day of ——, in the year of our Lord (the day on which the costs of the rule were taxed), or at any time afterwards, or over which the said C. D., on the said (the day on which the costs of the rule were taxed), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £ and £- together with interest upon the said two several sums of £ and £, at the rate of £4 per centum per annum, from the said day of (the day on which the costs of the rule were taxed, or in case that day were prior to the 1st of October 1838, say "from the 1st day of October, in the year of our Lord 1838,") shall have been levied. Therefore we command you, that without delay you cause to be delivered to the said A. B., by a reasonable price and extent, all the goods

,

and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough; and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D., or any person in trust for him, was seised or possessed of, on the said day of (the day on which the costs of the rule were taxed), or at any time afterwards, or over which the said C. D., on the said day of (the day on which the costs of the rule were taxed,) or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £- and £, together with interest as aforesaid, shall have been levied. And in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Exch. "to the said barons"] at Westminster, immediately after the execution thereof, under your seal, and the seals of those by whose oath you shall make the said extent and appraisement, and have there then this writ. Witness (name of chief justice or chief baron), at Westminster, the in the year of our Lord

day of

CHAPTER XXXV.

SUMMONS AND ORDER.

1. Summons.

of the

A. B. Let the plaintiff's [or "defendant's"] attorney or agent against attend me at my chambers in Rolls' Garden, at C. D. clock in the forenoon [or "afternoon"] to show cause why [&c. state the subject-matter of the summons] Dated the 1840 (a).

day of (Name of Judge or Baron.)

[See 2 Chit. Ar. Pr. 1198.]

2. Affidavit of Attendance, &c.

In the Q. B. [or " C. P." or " Exch. of Pleas."]

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Between A. B. plaintiff and C. D. defendant. P. A. of -, gentleman, attorney for the above-named defendant [or plaintiff"] maketh oath and saith, that he this deponent did, on the day ofinstant, serve [&c. state the service, as ante, 337, 587]: And this deponent further saith, that he did [on this day] duly attend the said summons, from of the clock in the forenoon [or "afternoon"] at the chambers of the Right Honourable Thomas Lord Denman, the lord chief justice, [or of the "Honourable Mr: Justice —," or "Honourable Mr. Baron ,"] in Rolls' Garden, but that the plaintiff's [or "defendant's"] attorney or agent did not attend the said summons, nor did any person attend the same on his behalf, to the knowledge or belief of this deponent. And this deponent further saith, that he did [&c. so proceed to state the second summons and attendance.]

Sworn [&c. ante, 207.]

[See 2 Chit. Ar. Pr. 1201, 1202.]

A. B.

3. Order thereon.

Upon hearing the attornies or agents [or "counsel'] on both against sides, [and by consent,] I do order that [&c. state the subjectC. D. S matter of the order.] Dated the

day of -, 1840.
(Name of Judge.)

[See 2 Chit. Ar. Pr. 1201.]

(a) It is enough to state the day of the month, Soloman v. Naisby, 7 Dowl 459.

A. B.

4. Order to postpone Hearing of Summons.

Upon hearing the attornies or agents on both sides, I do against order that the application for [here state concisely the subjectC. D. matter of the application,] be postponed until next, at o'clock in the [forenoon] at my chambers in Rolls' Garden, [in order to afford the parties an opportunity of producing affidavits.] Dated the day of

A.D.

CHAPTER XXXVI.

AFFIDAVITS.

(Judge's signature.)

In the Q. B. [or "C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant, [and if several plaintiffs or defendants, insert the names of all, and if they sue or are sued as assignees, executors, or administrators, &c. insert a description of their representative character, as in the forms of affidavits of debt, given ante, 210, 211.]

C. D. of tailor, the above-named defendant, [or "plaintiff,”] W. W. of, gentleman, and D. A. of ——, gentleman, attorney for the above-named defendant, make oath and say; and first this deponent C. D. for himself saith, that &c.; and this deponent further saith, that &c. And this deponent W. W. for himself saith, that &c.: And this deponent D. A. for himself saith, that &c.: And these several deponents C.D., W. W., and D. A. further say, that &c.

Sworn [&c. here state the jurat as in the form, ante, 207.]

[See 2 Chit. Ar. Pr. 1207.]

[See the different forms of affidavits throughout the work, and referred to in Index, title " Affidavit."]

BOOK IV.

PART II.

PROCEEDINGS UPON AN ARBITRATION.

1. Order of Reference at Nisi Prius, in Q. B. where a Verdict is found for Plaintiff subject to an Award.

At the sitting of nisi prius, held at the Guildhall, Westminster [or "London"] on

to wit. the - day of in the year of our Lord before the right honourable the lord chief justice of our lady the queen [or "before the honourable (name of puisne judge) one of her majesty's justices"] assigned to hold pleas before the queen herself.

A. B. It is ordered by the court, by and with the consent of the against parties, their counsel and attornies, that the jury find a verdict C. D. S for the plaintiff, damages £ and costs forty shillings, subject to the award, order, arbitrament, final end, and determination of A. A. esquire, barrister at law, to whom all matters in difference [in this cause, see 2 Chit. Ar. Pr. 1223,] between the parties in this cause are hereby referred, to order and determine what he shall think fit to be done by the said parties respecting the matters in dispute, so as the said arbitrator do make and publish his award in writing, of and concerning the matters hereby referred, ready to be delivered to the said parties or either of them [or "if they or either of them shall die, before the making of the said award, then to their respective personal representatives;" see 2 Chit. Ar. Pr. 1226,] requiring the same, on or before the day of next ensuing the date of this order, with liberty for the said arbitrator from time to time, under his hand in writing at the foot hereof, or indorsed hereon, to enlarge the time for making his said award. It is also ordered, by the like consent, that the said arbitrator shall be at liberty, if he shall think fit, to examine the parties to this suit upon oath; and for that purpose the said parties, and also the witnesses to be examined before the said arbitrator touching the matters referred, shall be sworn before the said lord chief justice [or if in Exchequer say, "lord chief baron"] or some other judge [or "baron"] of the same court, or before a commissioner duly empowered to take affidavits, or before the said arbitrator himself, and that the said parties shall produce before the said arbitrator all such books, deeds, papers, and writings, in their or either of their custody or power, relating to the matters in difference, as the said arbitrator shall think fit to require. It is likewise ordered, by and with the like consent, that the costs of the cause shall abide the event and determination of the said award, and the costs of the reference and award be in the discretion of the said arbitrator, who shall award by whom, to whom, and in what manner the same shall be paid. It is likewise ordered, by the

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