8. That the Plaintiff has not Deed in his possession. (Title, jurat, &c., as in Form 1.)

day of

That he hath not now, nor to the best of his knowledge, remembrance, and belief, ever had in his custody, possession or power, the indenture bearing date the and made between, &c., and which is mentioned in this deponent's bill, filed in this honorable Court, against the said defendants; nor does he know where the said indenture now is, unless it is in the custody, possession, or power of the said defendants, or one of them.

9. To support Application to Extend the Common Injunction to Trial.

(Title, jurat, &c., as in Form 1.)

That he cannot, as he is advised and verily believes, safely proceed to the trial of the action, in the pleadings in this cause mentioned, until the defendant shall have put in his answer to the bill filed by this deponent in this cause; and that he, this deponent, expects and believes, that the answer of the said defendant will a disclosure and discovery, which, with other evidence to be adduced in the said action, will enable this deponent to make a good defence at law to the said action.

10. Of the Service of a Notice of Motion.

(Title, jurat, &c., as in Form 1.)

That he this deponent did, on the day of instant (or last) serve Mr. who acts as the solicitor for the plaintiff (or defendant, as the case may be) in this cause, as this deponent is informed and believes, with a notice in writing in this cause, purporting that this honorable Court would be moved, &c. [here copy the notice in the past tense], by delivering to, and leaving with the (clerk) of the said Mr. at his office, situin the county of

ated No.

such notice.

a true copy of

11. Of the Service of a Petition.
(Title, jurat, &c. as in Form 1.)

day of

That he this deponent did, on the instant (or last), serve Mr. who acts as the solicitor for the plaintiff (or defendant) in this cause, as this deponent is informed and believes, with a petition preferred unto the Right Honorable the Lord High Chancellor [or as the case may be] on behalf of the said (plaintiff or defendant) with his lordship's (or his honor's) order thereon, dated the whereby it was ordered, that all parties concerned should attend his lordship (or honor) thereon, on the then next day of petitions, and that notice thereof should be given forthwith, by delivering to and leaving with the (clerk) of the said Mr.

in the county of

day of

at his office,

the said petition and order, and at the same time shewing him the said original petition, with his lordship's (or honor's) order thereon as aforesaid.

12. In support of a Creditor's Charge.

(Title, jurat, &c., as in Form 1.)
in the county of

That A. B., late of

deceased, the testator in the pleadings of this cause named, was in his lifetime, and at the time of his death, and his estate still is, justly and truly indebted to this deponent in the sum of £ for goods sold and delivered by this deponent to the said A. B., in his lifetime (and at his request); and this deponent further saith, that the paper writing hereunto annexed, marked (A) contains a true and just particular of the said account, and that the prices therein charged are fair and reasonable, and such as are usual, or customary, in the same trade or business; and this deponent further saith, that neither he this deponent, nor any person or persons by his order, or to his knowledge or belief, or for his use, hath or have received the said sum of £ or any part thereof, or any security or satisfaction for

the same, or any part thereof, but that the whole of the still remains justly due and owing

said sum of £

to this deponent on the said account.

13. To support Application to Sue or Defend in
formâ pauperis.

(Title, jurat, &c., as in Form 1.)

That he this deponent is not worth £5, after payment of his just debts, and his wearing apparel and the subject matter of this suit excepted.

4. WRITS AND PRÆCIPES.

1. Subpæna to Appear and Answer.

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To A. B., C. D., and E. F., greeting: We command you ["and every of you," where more than one defendant] that within [four days, if a town cause, or eight days if a country cause] days after the service of this writ on you, exclusive of the day of such service, laying all other matters and excuses aside, you do cause an appearance to be entered for you in our High Court of Chancery, to a bill [or as the case may be," information" or "to an amended bill" or "information," or "of revivor," or "revivor and supplement," or "supplemental bill"] filed against you by G. H. (" and others," or "another") and that you do answer concerning such things as shall then and there be alleged against you, and observe what our said Court shall direct in this behalf, upon pain of an attachment issuing against your person, and such other process for contempt, as the Court shall award. Witness ourself at Westminster, the day of year of our reign.

in the

DEVON.

Appearances are to be entered at the Record and Writ Clerk's office, in Chancery lane, London; and if you do not cause your appearance to be entered within

the time limited by the above writ, the plaintiff will be at liberty to enter an appearance for you; and you will be subject to an attachment and the other consequences of not answering the plaintiff's bill, if you do not put in your answer thereto, within the time limited by the general orders of the Court for that purpose.

2. Subpoena to Rejoin.

VICTORIA, &c. (as in Form 1.)

To A. B., C. D. and E. F. greeting: We command you (and every of you), that immediately after the service of this writ, you do apppear in our High Court of Chancery, then and there to rejoin and join in commission, if thereunto required, in a certain cause there depending, wherein G. H. (" and others," or another") are plaintiffs, and I. K. ("and others," or another") are defendants. Witness, &c. DEVON.

66

66

3. Subpoena ad test and duces tecum.

VICTORIA, &c. (as in Form 1.)

To A. B. C. D. and E. F. greeting: We command you (and every of you), that laying all other matters aside, and notwithstanding any excuse, you personally be and appear before Mr. one of the examiners of witnesses in our High Court of Chancery, at his office in Rolls Yard, Chancery Lane, London, at such times as the bearer hereof shall by notice in writing appoint [or "before and others, commissioners appointed for the examination of witnesses in our Chancery, at such times and places as the bearer hereof shall by notice in writing appoint"), to testify the truth according to your knowledge, in a certain cause depending in our said Court of Chancery, wherein G. H. (and "others," or another") are plaintiffs, and I. K. (and "others," or another") are defendants, on the part of the plaintiff, (or defendant) [in case of subpoena duces tecum add," and that you then and there bring with you and produce," &c.]. And hereof fail not at your peril. Witness, &c. DEVON.

4. Supœna to testify Vivâ Voce.

VICTORIA, &c. (as in Form 1.)

To A. B., C. D. and E. F. greeting: We command you (and every of you), that laying all other matters aside, and notwithstanding any excuse, you personally be and appear before our Lord High Chancellor, (or "before his honor the Master of the Rolls," or "the Vice Chancellor," or "before

one of the Masters "before and

of our High Court of Chancery," or

commissioners named in a commission issued to them for that purpose"), at such time and place as the bearer hereof shall by notice in writing appoint, to testify the truth according to your knowledge, in a certain suit now depending in our High Court of Chancery, wherein G. H. (and "others," or "another") are plaintiffs, and I. K. (and "others," or "another") are defendants, on the part of the plaintiff, (or defendant) [in case of subpoena duces tecum add, "and that you then and there bring with you and produce," &c.] And hereof fail not at your peril. Witness, &c.

5. Subpoena to hear Judgment.

VICTORIA, &c. (as in Form 1.)

DEVON.

To A. B., C. D. and E. F. greeting: We command you (and every of you), that you appear before our Lord High Chancellor (or "before his honor the Master of the Rolls," or 66 before his honor the Vice Chancellor," as the cause may be set down), on the day of

next, or whenever, thereafter, a certain cause now depending in our High Court of Chancery, wherein G. H. (and others," or "another") are plaintiffs, and I. K. (and 66 others," or "another") are defendants, shall come on for hearing, then and there to receive and abide by such judgment and decree as shall then or thereafter be made and pronounced, upon pain of judgment being pronounced against you by default. Witness, &c. DEVON.