, John Smith, being solely and separately examined apart from her said husband, as to whom, and in what manner, and for what purpose, she is willing and desirous that the sum of £ in the said order mentioned, shall be paid, transferred, or disposed of; and the said order having been read over, and the purport and effect thereof explained to her, she saith as follows: I am willing and desirous that the said sum of £ to which I am entitled, as in the said order mentioned, should be paid, transferred, or assigned, to my said husband, the said John Smith, for his own use, to the intent that he may employ the same in his trade of a bookseller, and that it will be for the benefit of myself and family to have the same so employed; and that I do freely and voluntarily consent that the same be paid, transferred, or assigned to him accordingly. Witness, J. J. M. S. We whose names are hereunto subscribed, being two of the persons named in the above-mentioned order, dated do humbly certify to this Court, that in pursuance of the said order, we have this day examined the saiddefendant, Mary Smith, the wife of the said John Smith, solely and separately apart from the said John Smith, her husband, as to whom, and in what manner, and for what purpose she is desirous that the said sum of £ in the said order mentioned, should be paid, transferred, or disposed of, and have taken such her examination in writing, signed by her, above written and set forth. Dated this one thousand eight hundred and forty-five. , day of A. C. W.F.} Commissioners. Witness, J J. Affidavit verifying the Signatures. In Chancery. Between, &c. I, John, Jones, of &c., do solemnly swear that I day of day of day of and did , was present on the see the defendant, Mary Smith, the wife of John Smith, sign the paper-writing hereunto annexed, purporting to be her examination, pursuant to an order of this Court, dated the ; and that the name and signature "Mary Smith," set and subscribed to the said examination, is of the proper hand-writing of the said Mary Smith, and that the name "John Jones," set and subscribed as a witness thereto, is of my proper hand-writing, and that I was also present on the said and did see Archibald Cameron and William Finch, both of &c., gentlemen, respectively sign the certificate at the foot of the said examination hereto annexed, and that the names "Archibald Cameron" and "William Finch," set and subscribed to the said certificate, are respectively of the proper hands-writing of them the said Archibald Cameron and William Finch, and that the name "John Jones," to the said certificate set and subscribed as a witness attesting the same, is of my proper hand-writing. J. S. , Sworn, &c., (ante, pp. 105, 106.) (Vide, p. 213). SECTION 35. Notice to a Magistrate of a Motion for Leave to file a Criminal Information against him. To C. D., one of her Majesty's Justices and Keepers of the Peace for the county of Take notice that her Majesty's Court of Queen's Bench at Westminster will be moved on the day of instant, or so soon after as counsel can be heard, on behalf of A. B., of &c., for a rule, calling upon you to shew cause why a criminal information should not be exhibited against you, for that you, on or about the day of last, wrongfully, unjustly, and maliciously, under colour of a certain warrant of commitment for that purpose made under your hand and seal, did cause the said A. B. to be committed to a certain prison in the county of and to be then and there kept to hard labour for the space of at , , [Vary the statement according to the circumstances.] Dated the day of (Vide p. 241). SECTION 36. Notice to Defendant to appear and receive Sentence after Conviction on Criminal Information. In the Queen's Bench. The Queen against C. D. the day of Take notice that this Honourable Court will be moved on next, [or "instant,"] or so soon after as counsel can be heard, that judgment may be passed on you by the said Court for certain misdemeanours of which you have been found [or "to which you have pleaded"] guilty, and you are hereby required to appear in the said Court at the time aforesaid to receive such judgment and to attend there from day to day until such judgment shall be given. Dated the 1845. To C. D., the above named defendant. day of E. F. Attorney for the prosecutor. (Vide p. 245). S SECTION 37. Affidavit of Relator in a Quo Warranto Information. In the Queen's Bench. A. B. of the borough of , in the county of , wine merchant, maketh oath and saith, that he hath been for the last years a rated inhabitant of and a resident in the said borough, and the occupier of a certain house therein, [situate in one of the wards of the said borough, called the ward,] and is subject to the local jurisdiction of the corporation of the said borough ; that this deponent hath paid all the rates made upon him in respect of the said house; that the name of this deponent was returned in the overseers' list for the parish of in the said borough, in which parish this deponent's said house is situate, and that on the last revision this deponent's name was retained, and is now on the roll of burgesses for the said borough, and this deponent is a burgess of the said borough. And this deponent further saith, that at the last election of councillors for the said ward, C. D. of in the said borough, Esquire, was elected a councillor for the said ward' and at the last election of aldermen for the said borough, the said C. D. was elected an alderman thereof; that this deponent did not vote at the said election for councillors, nor hath be in any manner recognized or acquiesced in the title of the said C. D., to either of the said offices of councillor or alderman as aforesaid; that this deponent hath been informed and believes that the said C. D. hath been sworn into and accepted the said offices. And this deponent further saith, that he hath been informed and believes that the said C. D., was not duly elected to the said office of councillor, and that his election as an alderman of the said borough was illegal; and this deponent is desirous of exhibiting an informa tion in the nature of quo warranto against the said C. D., to show by what authority he exercises the said office of alderman. [If the relator be cognizant of the facts showing the illegality of the election, his affidavit should go on to state them.] Sworn, &c. A. B. (Vide p. 255.) SECTION 38. Notice to Defendant and his Sureties of Motion for Judgment after Conviction on Indictment removed by Certiorari. In the Queen's Bench. The Queen against C.D. the day of Take notice, that this Honourable Court will be moved on instant, [or "next,"] or so soon after as counsel can be heard, that judgment may be passed on the said C. D. by the said Court, for certain assaults and misdemeanours [as the case may be, of which he has been found [or to which he has pleaded"] guilty; and the said C. D. is hereby required to appear in the said Court at the time aforesaid to receive such judgment, and to attend there from day to day until such judgment shall be given. Dated the 66 1845. To C. D., the above named defendant, and E. F. day of to G. H. of &c., and Attorney for the prosecutor. I. K. of &c., his bail. (Vide p. 264.) $ 2 |