SECTION 30. Form of Affidavit of Service of Subpoena for Costs, and of Demand and Refusal. In Chancery. Between, &c. I, R. S., of &c., do solemnly swear, that I did on instant [or "last"] perwith a day of the subpoena issuing out of and under the seal of this Honorable Court, whereby the said was commanded to pay or cause to be paid, immediately after the service of the said writ, to bearer thereof, the sum of or the pounds costs, by delivering to and leaving with the said a copy of the said subpoena and of the indorsement thereon; and that I at the same time produced and showed to him the said subpoena so under seal as aforesaid. And that I did at the same time demand of the said the said sum of pounds, but he then refused to pay [or "did not then pay"] the same or any part thereof, and hath not since paid the same or any part thereof, either to me or to the said or to any other person or persons for his use or on his account, to the best my belief. of R. S. , Sworn, &c. (ante, pp. 105, 106). (Vide p. 174.) SECTION 31. Bond given as Security for Costs to be on a 30s. Stamp. Know all men by these presents, that we L. L., Whereas A. B. hath lately exhibited his bill of complaint in her Majesty's High Court of Chancery against C. D. and E. F. touching the matters therein contained. Now the condition of the above-written obligation is such, that if the above-bounden L. L. and N. N., or either of them, their or either of their heirs, executors, or administrators, do and shall well and truly pay or cause to be paid all such costs as the said Court shall think fit to award to the defendant in the said cause, then the above-written obligation to be void, or else to remain in full force and virtue. Signed, sealed, and de livered in the pre L. L. (L. s.) sence of X. Y. N. N. (L. s.) (Vide p. 199.) SECTION 32. Petition for Liberty to sue in Formá Pauperis. In Chancery. Between, &c. To the Right Honorable the Master of the Rolls. The humble petition of the above-named plaintiff Showeth, That your petitioner hath filed his bill in this Honorable Court against the above-named defendant and others, setting forth, &c., and praying &c. [setting forth very briefly the substance of the bill.] That your petitioner is not worth five pounds, his wearing-apparel and the subject-matter of this suit excepted. Your petitioner therefore humbly prays your Lordship [or "Honor" when the Master of the Rolls is not a peer] that he may be admitted to prosecute his said suit in formâ pauperis, and that Mr. C. may be assigned for his counsel, and that Mr. E. F. may be assigned to him as his Solicitor. And your petitioner shall ever pray, &c. Counsel's Certificate thereon. I humbly conceive that the plaintiff has just cause to be relieved in the matter of his petition, and for which he has exhibited his bill. [Date.] F. C. Petition to be admitted to defend in Formá Pauperis. In Chancery. Between, &c. To the Right Honorable the Master of the Rolls. The humble petition of the above-named defendant Showeth, That your petitioner has been served with process to appear to and answer the plaintiff's bill, but by reason of his poverty is unable to make his defence thereto, if not admitted to defend the same in formâ pauperis. That your petitioner is not worth five pounds, his wearing apparel and the subject-matter of this suit excepted. Your petitioner therefore most humbly prays your Lordship, that he may be admitted to defend this suit in formâ pauperis, and that Mr. C. may be assigned for his counsel, and that Mr. E. F. may be assigned to him as his solicitor. And your petitioner shall ever pray, &c. Affidavit in support of Petition to sue or defend in Formá Pauperis. In Chancery. Between, &c. I, W. M., of &c, the above-named plaintiff [or "defendant"] do solemnly swear, that I am not worth five pounds, my wearing-apparel and the subject-matter of this suit excepted. W. M. Sworn, &c. (ante, pp. 105, 106.) SECTION 33. Affidavit by Husband and Wife of no Settlement being made. In Chancery. Between, &c. I, John Smith, of Pershore, in the county of Worcester, bookseller, and I, Mary his wife, do severally solemnly swear, that no settlement, provision, or agreement for a settlement on me the said Mary, or the issue of the marriage of us, hath ever been made or entered into, and that the sum of £ mentioned in the order made in this cause, dated the day of instant [or "last"] (a), is not, nor is any part thereof, in any manner settled, or agreed to be settled by us, or either of us. J. S. I, John Smith, of Pershore, in the county of Worcester, bookseller, and I, Mary his wife, do severally solemnly swear, that the sum of £ , in the order made in this cause, dated the , mentioned day of is not nor is any part thereof in any way subject to the uses or trusts of the settlement, [or a certain agreement for a settlement,"] made on our marriage. And that the said sum of £ is not, nor is any part thereof, in any manner settled, or agreed to be settled by us, or either of us. J. S. Sworn, &c. (ante, pp. 105, 106.) (Vide p. 213.) SECTION 34. Examination of a married Woman as to the Application and Disposal of Money payable to her, and Commissioners' Certificate thereof. In Chancery. Between, &c. The examination of the defendant Mary Smith, hundred and forty , The said defendant, Mary, the wife of the said (a) The order under which the Commissioners are to examine the wife. |