Forms of Practical Proceedings, in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas

personally, or by leaving the same for them or him, at their or his then respective place or places of abode; and in and by such notice shall state the place, day and hour, whereat and wherein this commission shall be executed. (a) Witness (name of chief justice or chief buron) at Westminster, the day of, in the year of our reign. [See 1 Chit. Ar. Pr. 242.]

20. Interrogatories for Plaintiff.(b)

Interrogatories to be administered to W. W. a witness, to be produced, sworn, and examined on the part and behalf of A. B. plaintiff, in a certain cause now depending in her majesty's Court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas,"] at Westminster, against C. D. defendant, before one of her said majesty's justices of the same court, [or in the Exch. "one of the barons of her said majesty's Exchequer,"] pursuant to a rule of the said court, made on in the year of the reign of Queen Victoria, [or if under an order, say, "pursuant to an order of the said justice, (or "baron,") made the day of, 1839."] First. Do you know the parties, plaintiff and defendant, in the title of these interrogatories named, or either and which of them; and how long have you known them, or either and which of them? Declare the truth, and your knowledge herein.

Secondly. Have you ever seen the said plaintiff write his name? Declare the truth, and your knowledge herein.

Thirdly. Do you, &c. [and so on, stating the questions you wish the witness to answer. They should not be leading questions.]

Lastly. Do you know of any other matter or thing, or have you heard, or can you say any thing, touching the matters in question in this cause, that may tend to the benefit and advantage of the said plaintiff, besides what you have been interrogated unto? If yea, declare the same fully and at large, and all circumstances and particulars relating thereto, to the best of your knowledge, remembrance, and belief, with your reasons, as if you had been particularly interrogated thereto.

[Counsel's signature.]

21. Interrogatories for Defendant.

Interrogatories to be administered to W. W. a witness to be produced, sworn, and examined on the part and behalf of C. D. the defendant, in a certain cause now depending against him in her majesty's Court of Queen's Bench, [or "Common Pleas," or "Exchequer," at Westminster, at the suit of A. B. plaintiff, before &c. [proceed and conclude as in last form.]

22. The like, to cross-examine a Witness.

Interrogatories to be administered by way of cross-examination to W. W. a witness &c. [proceed and conclude as in the forms, supra, No. 20, 21.]

(a) Supposing the opposite party refuse to name commissioners, or join in the commission, the latter clause should be omitted.

(b) See a variety of useful interrogatories in Mr. Hayward's work on the "Uniformity of Process Act,"

&c.

23. The like, for the Examination of Witnesses before Commissioners in Ireland.

Interrogatories to be administered to witnesses, to be produced, sworn, and examined at Dublin, or elsewhere in Ireland, on the part and behalf of 4. B. the plaintiff, in a certain cause now depending in her majesty's Court of Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas,"] at Westminster, at the suit of A.B. plaintiff, against C.D. defendant, before E. F. of &c., and G.H. of &c., commissioners named on behalf of the said plaintiff, and J. K. of &c., and L.M. of &c., commissioners named on behalf of the said defendant, or any two of them, so as that one of the commissioners of either party respectively shall be present, pursuant to &c. [proceed and conclude as in preceding forms.]

24. Notice of Time and Place appointed for Examination of Witness on Interrogatories (a).

In the Q. B. [or “ C. P.” or

Take notice, that

"Exch. of Pleas."]

A.B. plaintiff v. C.D. defendant. the examiner duly appointed by her majesty's court of, [or "by order of the Honourable Mr. Justice" (or "baron") —, bearing date, (&c.)] will attend to-morrow, the day of instant, [or" on the- -day of - instant," or next," at the house of situate [&c.] at of the clock in the forenoon precisely, for the purpose of examining G.H., a witness for and on behalf of the plaintiff [or "defendant"] in this cause, upon interrogatories, pursuant to the said rule [or "order."] Dated this

To Mr. E. F. [or "G.H."]

plaintiff's [or "defendant's,"]

attorney.

day of , A.D. Your's, &c. G.H. [or defendant's or 66 attorney.

25. Pracipe for Habeas Corpus ad Testificandum.

E.F."] plaintiff's,"]

Same as ante, 57, No. 12, but say "to testify before examiner."

26. Writ of Habeas Corpus ad Testificandum before a Commissioner, &c. [Proceed as in form, ante, 57, No. 13, to the asterisk*, and then thus:] Before the examiner duly appointed by rule of our court before us, [or in C.P. " before our justices," or in the Exch. "before the barons of our Exchequer,"] at Westminster, [or if by judge's order, " by order of the Right Hon. our chief justice," or "chief baron,” or "the Hon., one of the justices," or "barons,") of our said court,] at the master's office in -, London, [or "at the house of situate, &c.] on , the day of instant [or "next,”] by of the clock in the forenoon of the same day (the time and place appointed by the examiner,) then and there to testify the truth according to his knowledge, in a certain cause now depending in our court before us, [or in C.P. "before our said justices," or in the Exch. " before the barons of our said Exchequer,"] between A.B. plaintiff and C.D. defendant, in an action on promises, [or " of debt," &c. as the case may be,] on the part of the said plaintiff [or "defendant"]: And immediately after the said E.F. shall

(a) See Form, Tidd's Sup. 316.

have given his testimony before the said examiner, that you return him the said E. F. to our said prison under safe and secure conduct; and have there then [or in C.P. and Exch. "have there"] this writ. Witness, [&c. ante, 57.]

27. Affidavit for obtaining Writ, in nature of Mandamus, to examine Witnesses in India, or one of the Colonies, on stat. 13 Geo. 3, c. 63, s. 44, and 1 Will. 4, c. 22.

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

Between A.B. plaintiff and C. D. defendant. A.B. of the above-named plaintiff, maketh oath and saith, that this action, which is now pending in this honourable court, was commenced in term last, [for a cause of action which arose in the province of in India :] (a) And this deponent further saith, that W.W. and several persons are now residing in [the province of in India, or as the case may be,] who are material and necessary witnesses for this deponent in the said cause; and without whose testimony he is advised and verily believes that he cannot proceed with safety to the trial thereof. Sworn, &c. (b)

[See 1 Chit. Ar. Pr. 237, 238.]

28. Rule of Court thereon.

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

The day of

A.B.

, A.D. 1839. B. Upon reading the rule made in this cause on the day of instant, (c) the affidavit of A. B., and upon hearing Mr. D.of counsel for the defendant, and Mr. of counsel for the plaintiff, it is ordered, that a writ in the nature of a mandamus or commission issue, directed to the chief justice and the other judges of the supreme court of judicature at [Fort William] in [Bengal], commanding them to hold a court for the examination of W. W., a witness on the part of the [plaintiff ], and for receiving other proofs therein, pursuant to the statutes of the 13th year of King George the Third, c. 63, and the first of King William the Fourth, c. 22, and to perform all such matters and things as by the said statutes are required. And it is further ordered, that the said writ and depositions, taken in manner aforesaid, be transmitted under the seal of the said court, to C.S., esq., one of the masters of this court, and be permitted to be read and given in evidence on the trial in this cause, saving all just exceptions. And it is further ordered, that the trial of the issue in this cause be put off until the return of the said writ.

[See 1 Chit. Ar. Pr. 237, 238.]

29. Mandamus thereon.

By the Court.

Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the chief justice and the other judges of the supreme court of judicature at [Fort William] in [Bengal], greeting: Whereas a certain suit is now depending in our court before us [or in C.P. " before our justices," or in Exch. " before the barons of the Exchequer,"] at Westminster, between A.B. plaintiff and C.D. defendant, in an action on promises [or " debt," &c. as the action is.]

(a) Not absolutely requisite; Bain v. De Vetry, 3 Dowl. 516; see id. 35.

(b) See Index, tit. " Jurat."

And it hath been ruled and ordered by our said court that this writ shall be issued, commanding you to hold a court for the examination of W. W., a witness on the part of the [plaintiff ], and for receiving other proofs therein, pursuant to the statutes of the thirteenth year of King George the Third, c. 63, and the first year of King William the Fourth, c. 22, and to perform all such matters and things as by the said statutes are required, and that this writ and depositions, taken in manner aforesaid, be transmitted under the seal of your said court to C.S., esq., one of the masters of our said court (as in the rule of court), and be permitted to be read and given in evidence on the trial of the said cause, saving all just exceptions: Now know ye that we command you with all due diligence to hold a court for the examination on oath of the said IV. W. on the part of the said [plaintiff] upon certain interrogatories to be exhibited to you by the parties aforesaid, or one of them, in the action aforesaid, and for receiving other proofs therein, pursuant to the said statutes, and to perform all such other matters and things as by the said statutes are required, and we hereby give you full power and authority to do so; and we command you, that at a certain time and place, or times and places, to be by you appointed for that purpose, you cause the said W. W. to come before you, and then and there examine him upon the interrogatories aforesaid, on his corporal oath first taken before you; and that you do take such his examination and depositions, and reduce them into writing on paper or parchment, and forthwith transmit the same, together with this writ, under the seal of your said court, to the said C. S. Witness (name of the chief justice or chief baron,) at Westminster, the day of in the our reign.

30. Interrogatories thereon.

year of

Interrogatories to be administered to W. W., a witness to be produced, sworn, and examined upon the part and behalf of A. B., in a certain case now depending in the court of our lady the queen, before the queen herself, [or in C.P. "before the justices of our lady the queen," or in Exch. " before the barons of her majesty's Exchequer," at Westminster, between the said A. B. plaintiff and C.D. defendant, before the chief justice and other judges of the supreme court of judicature at Fort William, in Bengal, under and by virtue of a writ in the nature of a mandamus or commission issued in pursuance of a rule of the said court of [Queen's Bench] made on the day of -, A. D. 1839, and directed to the said chief justice and other judges, commanding them to hold a court for the examination of the said W. W., a witness on the part of the [plaintiff), and for receiving other proofs therein, pursuant to the statutes of the thirteenth year of the reign of King George the Third, c. 63, and the first year of his late majesty King William the Fourth, c. 22, and to perform all such other matters and things as by the said writ or commission are commanded to be performed.

First, &c. [proceed as directed in the form of interrogatories, ante, 62.]

SECTION VII.

THE NISI PRIUS RECORD.

1. Nisi Prius Record in ordinary cases (a).

[The placita formerly used are to be omitted.-Copy the issue to the end of the award of the venire, and proceed as follows:]

Afterwards on the (teste of distringas or habeas corpora) ̧

day of

in the year the jury between the parties aforesaid is respited here until the (return day of distringas or habeas corpora) unless the right honourable (name of chief justice), her majesty's chief justice assigned to hold pleas in the court of our said lady the queen, before the queen herself, [or in C.P." unless ·(name of chief justice) knight, her majesty's chief justice of the bench here," or in Erch." less (name of chief baron) chief baron of her said majesty's court of Exchequer," or if at the assizes, say, "unless her majesty's justices assigned to take the assizes in and for the county of -,"] shall first come on the day of A.D. -- [first day of sittings, or if at the assizes the commission day of the assizes, "at the Guildhall of the city of London," or if in Middlesex," at Westminster-Hall, in the county of Middlesex," or if in the country, at (the place where the assizes are holden) in the said county,"] according to the form of the statute in such case made and provided, for default of the jurors, because none of them did appear: therefore let the sheriff have the bodies of the said jurors accordingly. (b) [See 1 Chit. Ar. Pr. 246.]

2. Nisi Prius Record for a Trial in the County Palatine of Lancaster, in Q.B. or C.P.

[Same as in the preceding form, to the end of the pleadings; but there is no Jurata entered on the Record; and it concludes with the award of a Mittimus, as in the issue, ante, 48.]

3. Mittimus to a County Palatine (c).

Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to our justices of our county palatine of Lancaster [or " Durham,"] greeting: The tenor of a certain record, in our court before us [or in C.P. " before our justices," or in the Exch. "before the barons of our Exchequer,"] at Westminster, between A. B. plaintiff and C.D. defendant, in an action of promises [or as the

(a) This is according to the form prescribed by the rules of H. T. 4 Will. 4.

(b) At the assizes the jurata in Q. B. before the recent rule of H.T. prescribing the form of the record, concluded with the following entry of the sciendum :

"And be it known that the queen's writ on record was delivered to the

under-sheriff of the said county, on

A.D.

the day of before our lady the queen at Westminster, to be executed according to law, at his peril." But since that rule and form given thereby this should be omitted.

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Forms of Practical Proceedings, in the Courts of Queen's Bench, Common Pleas ...