m^M^i^MiM'' i->. '■'■ ,' '■■ fcffii-' m^'^9:' UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY -f^ I^J h K '4- ia. L PRACTICAL PORMS. A HANDBOOK ^ / /y OF l/»-|\nTl^ \\ l^i*-^.^) \^'. PRACTICAL FORM CONTAINING A VAKIETY OF USEFUL AND SELECT PRECEDENTS REQUIRED IN SOLICITORS' OFFICES, RELATING TO CONVEYANCING AND GENERAL MATTERS, WITH NUMEROUS VARIATIONS AND SUGGESTIONS. I I I BY H. MOORE, Esq., AOTHOB OP "INSTRUCTIONS FOE PREPARING ABSTRACTS OF TITLE," "PRACTICAL FORMS OF AGREEMENTS," "PRACTICAL INSTRUCTIONS AND SUGGESTIONS TO YOUNG SOLICITORS AND ARTICLED AND OTHER CLERKS," ETC. THIRD EDITION REVISED AND EDITED BY HEi.BERT PERCIVAL, LL.B. (Cantab.), OF THE INNER TEMPLE, BARRISTER-AT-LAW. LONDON: WILLIAM CLOWES AND SONS, Limited, 27, FLEET STREET. 1895. BY THE SAME AUTHOB. Third Edition, demy 8vo, cloth, 20s. MOORE'S PRACTICAL FORMS OF AGREE- MENTS.— Containing nearly 200 Forms relating to Sales and Purchases, Building and Arbitrations, Letting and Renting, Debtors and Creditors, ami numerous other subjects. With a variety of useful Notes. By H. Moore, Esq. Third Edition. Thoroughly revised. By T. Lambert Mears, M.A., LL.D. (Lend.), of the Inner Temple, Barrister-at-Law. Fourth Edition, crown 8vo, cloth, 10s. 6d. MOORE'S ABSTRACTS OF TITLES.— lustruc- tions for Preparing Abstracts of Titles ; to which is added a Collection of Precedents. By H. Moore, Esq. Fourth Edition. With considerable Additions. By Reginald Merivale, B.A., and Norman Pearson, B.A., of Lincoln's Inn, Barristers-at-Law. Second Edition, Revised, crown 8vo, cloth, 7s. 6cZ. MOORE'S PRACTICAL INSTRUCTIONS and SUGGESTIONS to YOUNG SOLICITORS and ARTICLED and other CLERKS in Matters of Daily Practice, especially in Country Offices. By H. Moore, Esq. London : Wm. Clowes and Sons, Limited, 27, Fleet Street. PREFACE TO THE THIRD EDITION. Ix preparing for tlie Press another edition of this "Handbook of Practical Forms," I have endeavoured to observe most strictly the limitations laid down by the Author and his previous Editor. The success attained in the past, which is shown by the rapid e«xhaustion of the two previous editions, points to the general 'wisdom of these limitations, and any attempt to modify them in :^accordance with the views, or as it might be thought the caprice, ^of a new Editor would probably result in changes too far-reaching f;;to be quite desirable. At the same time, changes introduced since 1886, or even since 1890 (the date of the second edition), partly by fresh legislation, partly by new Kules of Court, and partly by modifications in legal practice, have rendered necessary a thorough revision of the whole work. In the course of this the insertion of a few forms to supply obvious omissions has been attempted ; but it will be found that the new matter introduced, to the extent of nearly one hundred pages, is almost entirely the outcome of legislative changes of statutory, or the equivalent to statutory, authority. The Finance Act, 1894, has introduced a new and complicated set of forms which for many years must be used concurrently, for many purposes of such a work as this, with those required under the previous statutes imposing Death Duties. The increased and slowly increasing amount and importance of the business under the Land Registry Acts, especially since that of the Middlesex Registry of Deeds was virtually united with it, has led me to include a large proportion of the forms there prescribed. The convenient appellations permitted by the Short Titles Act, 1892, have been used throughout for the citation of Acts of a o vi PBEFAOE. Parliament. I liave added, as au appendix to the selected forms, the complete list of ofiScial forms for use in Bankruptcy and Com- pany Winding-Up business, in the payment of the Death Duties, and in the Land Kegistry, and I believe that this addition will be found a convenience to the practitioners for whom this work is designed. 9, Old Square, Lincoln's Inn, W.C. March, 1895. HERBEET PERCIVAL. EXTEACT FROM EDITOR'S PREFACE TO FIRST EDITION. The present work is intended to serve as a companion volume to " Moore's Practical Forms of Agreements," and therefore contains numerous examples of those kind of documents (such as acknow- ledgments, affidavits, cases for the opinion of counsel, conditions of sale, consents, declarations, demands, notices, proposals to treat, protests, receipts, valuations, &c.) which often precedB the forma- tion of the agreement, or bring it to a close, or call attention to its breach. In addition to these, and in view of the varied requirements of a country solicitor's office, a number of forms have been introduced drawn from the schedules of recent statutes. Treasury Eegulations, Rules of Court and other sources, principally relating to bank- ruptcy, bills of sale, borough and county elections, and registration (municipal and parliamentary), building, friendly, and other kin- dred societies, guarantees, landlord and tenant, probate and letters of administration, and other matters of daily practice. In the important subject of legacy and succession duty, the blank forms supplied by the Inland Revenue Department have been inserted, filled up in such a way as to include a number of variations, so as, it is hoped, to assist the practitioner to comply with the troublesome conditions resulting from the intricacies of the death duties. The ever-recurring question of stamps has been met by a note on the subject appended to such of the forms as require them, and a special title (Stamps) has been devoted to those forms of memorials, corrective affidavits, and declarations, which are necessary to obtain the return of stamp duty, whether paid in the shape of spoiled stamps or in connection with probates and letters of administration. VIU PREFACE. Eeferences to the statutes and rules in force relating to the various forms, and to cases illustrative of them, will be found in the notes, and opportunity has been taken where it seemed particu- larly advisable (as, for example, under the heads of Distress and Retainer) to add a few words on the law, with the view of guarding the young practitioner from those pitfalls into which the unwary might stumble. The subject of pleadings (except as incidentally involved in forms of affidavits in interpleader, or under Order XIV., &c.) and of wills (except in the form of affidavits for probate and letters of adminis- tration, &c.) have been purposely omitted, as being beyond the scope of the present work ; but under the head of Statement of cause of action (for insertion in an affidavit of debt) will be found a number of forms which will serve as precedents for County Court claims. It may be objected that in some cases the paragraphs are too numerous, and the phrases embodying the legal claim or right too copious in language, but the forms have been so drawn in order that the practitioner may select the particular paragraphs and words which best suit the circumstances of the case he has in hand. When looking for the form he requires, the reader is requested to turn to the Index and not to rely upon the Table of Contents, because the headings are necessarily arbitrary, and therefore mis- leading; as, for example, the whole of the forms relating to bank- ruptcy are alphabetically arranged under that heading in the Index, but under the title " Bankruptcy " in the Table of Contents only those few forms will be found relating to that subject which have escaped absorption under the heads of declarations, minutes, notices, petitions, receipts, &c. So again the whole of the affi- davits throughout the book are grouped together under that head- ing in the Index, but under the title "Affidavits" only the essential features of an affidavit of debt in respect of the deponents, the subject-matter, and the form of jurat are given, the complete form of affidavit relating to each subject being scattered under the respective titles. T. LA]\rBERT MEARS. 'J, King's Bench Walk, Temple, March 25, 1886. ( ix ) TABLE OF CONTENTS. *^* The reader is requested to considt the Index for the Form he requires. PART L— ACKNOWLEDGMENTS. Nos. 1. Of a deed by a married woman 2. Of a deed to be enrolled 3. Of a recognizance 4. Of registry of a friendly society 5. Of registry of a provident society 6. Of registry of amendment of rules of a friendly society 7. Of the receipt of mortgage money (and undertaking to execute a recon' veyance) .. 8. Ditto (s/ior^) 9. Of a receipt of part of mortgage money (with an undertaking to release part of the mortgaged property) 10. Of receipt of bills of exchange in satisfaction of a debt 11. Of another's title to property 12. Of easements belonging to others 13. Of a right to lights 14. Of a right to walls .. .. .. .. .. .. ... PAGE 1 2 3 ib. ib. ib. 4 ib. 5 ib. 6 7 ib. ib. PART II.— ADMINISTRATION. 1. Oath for administrator 2. Oath for administratorwith the will annexed 3. Affidavit for Commissioners of Inland Kevenue on or administration General — Form A — 1 Note to same, Form A — 2 . . Warrant to accompany above, Form No. 17 Payment on real estate by exors, A — 3 . . 4. Affidavit, personal estate only, A — 4 Warrant to accompany above, Form No. 16 5. Affidavit — small estate under £500, Form B — 1 6. Affidavit — Foreign domicil, Form Y — 1 7. Affidavit — Trust estate only. Form Z — 1 pplication for probate 8 10 11 ib. ib. 33 35 37 39 40 48 50 TABLE OF CONTENTS. PAGE Nos. 8. Affidavit— Corrective for duty, Form D— 1 52 9. Affidavit of justification by sureties.. .. .. .. .. .. 55 10. Affidavit in support of administration summons in the Cliancery Division by a creditor .. .. .. •• •• •■ •• •• 5G 11. Affidavit of service of administration summons in tlie Chancery Division 57 12. Affidavit by a creditor to prove a debt . . . . . . . . • • 58 13. Affidavit by annuitant under a bond to prove arrears due . . . . . . 59 PART III.— AFFIDAVITS. SECTION I. 1. The parties making the affidavit SECTION II. 2. The subject-matter. The debt 61 60 Statement of the Cause of Action. (A.) Special Contracts. 3. For principal and interest due upon a mortgage . . . . . . . . ih. 4. Same by an assignee .. .. .. .. .. .. .. .. 62 5. For the arrears of an annuity .. .. .. .. .. .. ih. 6. For rent due on lease .. .. .. .. .. .. .. .. 63 7. Upon a judgment .. .. .. .. .. .. .. .. ib. 8. Upon a (voyage) policy of insurance . . . . . . . . . . ib. 9. Upon a time policy .. .. .. .. .. .. .. .. 64 10. For premiums of insurance .. .. .. .. .. .. .. ib. 11. For freight under a charterparty .. .. .. .. .. .. 65 (B.) Articles of Agreement. 12. For payment of a debt .. .. .. .. .. .. .. ib. 13. For a premium upon a lease .. .. .. .. .. .. .. ib. 14. For debt on award . . . . . . . . . . . . . . ib. 15. For money due on bond . . . . . . . . . . . . . . 66 16. For money upon an arbitration bond .. .. .. .. .. ib. 17. For money upon an annuity bond .. .. .. .. .. .. ib. (C.) Simple Contracts. (1.) Upon Bills of Exchange. 18. Dnwer against acceptor 19. Indorsee or bearer against drawer 20. Payee against drawer .. 21. Payee or indorsee against acceptor 22. Indorsee against acceptor (foreign bill of exchange) 67 ib. ib. 68 ib. Nos. 23. Payee against maker . . 24. On a note payable by instalments 25. Indorsee against maker 26. Indorsee against indorser TABLE OF CONTENTS. xi (2.) On Promissory Notes. PACK 68 69 ib. lb. (3.) On Cheques. 27. Payee or bearer against maker .. .. .. .. .. .. 70 (D.) General Subjects. 28. For money in exchange of property . . . . . . . . . . . . / j. 29. For use and occupation . . . . . . . . . . . . . . n,^ 30. For double rent . . . . . . . . . . . . . . . . tj, 31. For wharfage and warehouse room .. .. .. .. .. .. 71 32. For the hire of a horse and carriage and for the standing of carriages, &c. ih. 33. For use of pasture and eatage . . . . . . . . . . . . ^J. 34. For the use of a dairy . . . . . . . . . . . . . . . . 72 35. For demurrage .. .. .. .. .. .. .. .. .. ^'j. 36. For wages or salary . . . . . . . . . . . . . . . . ^'J. 37. For board and lodging .. .. .. .. .. .. .. ^j. 38. For board and education . . . . . . . . . . . . . . ^J. 39. For money lent, paid, received, or due on account stated . . . . . . 73 40. For interest . . . . . . . . . . . . . . . . _ ^'j, 41. For goods sold and delivered . . .. .. .. .. .. .. ^j. 42. For work and labour .. .. .. .. .. .. .. .. ^-j, 43. For work as an agent . . . . . . . . . . . . . . . . ^j, 44. For tithe rent-charge .. .. .. .. .. .. .. _ 74 45. For agistment and for horse-keep and stabling . . . . . . . . ih, 46. For work as a solicitor . . . . . . . . . . . . . . lb. 47. For work as a surgeon and apothecary .. .. .. .. .. jj, 48. As a notary . . . . . . . . . . . . . . . . _ 75 49. As an architect, &c. .. .. .. .. .. .. .. ,;5, 50. As an undertaker . . . . . . . . . . . . _ ^-j^ 51. As a coachmaker .. .. .. .. .. .. _ 7g 52. As a shipwiight .. .. .. .. .. .. .. ^-j^ 53. As a dancing-master ...... oh 54. As a schoolmaster . . . . . . . . . . . . . . H)^ 55. As a nurse .. .. .. .. .. .. .. .. _ 77 56. As a factor, &c. ....... ih 57. As a carrier . . . , . . . . . . . . . . . . ^-j^ 58. For freight, primage, or average .. .. .. .. .. .. jj. 59. As an insurance broker .. .. .. .. .. .. __ 73 60. For passage money . . . . . . . . . . . . . . . . ij^ xii TABLE OF CONTENTS. SECTION III. Jurats. NOS. PAGE 61. If sworn in court, &c., &c. .. .. .. .. .. .. .. 78 62. When the affidavit is made by two or more deponents . , . . . . 79 03. When the deponent is a marksman . , . . . . . . . . . . 80 64. When the deponent is a foreigner .. .. .. .. .. .. ib. PART IV.— AFFIRMATION. 1. Form of .. .. .. .. .. .. .. .. •• 81 PART v.— APPOINTMENT. 1. Of an arbitrator under the Lands Clauses Act, 1845 . . . . . . ih. 2. Of a parliamentary election agent by candidate .. .. .. .. 82 3. Of a coroner .. .. .. .. .. .. .. .. .. ib. 4. Of a steward . . . . . . . . . . . . • . . . . . 83 5. Of a gamekeeper . . . . . . . . . . < . . . . . . 84 6. A shorter form .. .. .. .. .. .. .. .. 85 7. Of new trustees of a settlement by supplemental deed . . . . . . 86 8. Of new trustees of a will under statutory power .. .. .. .. 87 9. Affidavit in support of application to the Court for appointment of trustees .. .. .. .. .. .. .. .. .. 88 PART VI.— APPRENTICESHIP. 1. An indenture of apprenticeship to a tradesman .. .. .. .. 89 PART VII.— ARTICLES OF CLERKSHIP 1. Affidavit of loss of articles of clerkship .. .. .. .. .. 91 PART VIIL— ASSIGNMENT. 1. Of a policy of life assurance' .. .. .. .. .. .. .. 92 2. A shorter form .. .. .. .. .. .. ,. .. 94 3. Of a life policy by a separate instrument, according to 30 & 31 Vict. c. 144 95 4. Of a life policy by indorsement .. .. .. .. .. 96 PART Villa.— ATTACHMENT OF DEBT. 1. Affidavit in support of garnishee order for attachment of debt .. .. ib. TABLE OF CONTENTS. Xlll PART IX.— ATTESTATIONS. NOS. PAGE 1. For deeds 97 2. For wills 98 3. For attested copies . . . . . . . . . . . . . . . . ih. PART X.— ATTORNMENTS. 1. By tenant 99 2. To tenants to attorn 100 3. A concise form . . .. .. .. .. .. .. .. .. 101 PART XL— AUTHORITIES. 1. To the Paymaster-General to pay dividends .. .. .. .. ib. 2. For making an application for payment of money out of the Chancery Pay Office 102 3. To sell property . . . . . . . . . . . . . . . . ib. 4. To sell goods 104 5. To kill hares .. .. .. .. .. .. .. .. .. ib. 6. To pay mortgage or purchase money to a third party .. .. .. 105 7. To receive purchase or other moneys .. .. .. .. .. ib. 8. To pay insurance money to a mortgagee .. .. .. .. .. 106 9. To pay the amount due on a life policy to a purchaser ., .. .. ib. 10. To bankers to pay dividends to an agent .. .. .. .. •• 107 11. To a trustee to pay part of trust moneys to the reversioner .. .. ib. PART XII.— BAIL. 1. Affidavit of service of a judge's summons for procuring bail for a prisoner 108 2. Affidavit in support of an application for bail when refused by a coroner 109 PART XIIL— BANKRUPTCY. 1. Affidavit of service of bankruptcy notice .. .. .. .. .. 110 2. Affidavit of truth of statements in petition in bankruptcy .. .. ib. 3. Another form .. .. .. .. .. .. .. .. ..Ill 4. Affidavit of service of bankruptcy petition . . . . . . . . . . ib. 5. Affidavit verifying the debt .. .. .. .. .. .. .. 112 6. The same by a surety .. .. .. .. .. .. .. .. 113 7. Proof of debt by workmen .. .. .. .. .. .. .. 114 8. Statement of affairs .. .. .. .. .. .. .. .. ib. 9. Application to annul adjudication .. .. .. .. .. .. 126 10. Application for order of discharge .. .. .. .. .. .. ib. 1 1. Affidavit by bankrupt discharged on condition as to after-acquired property 127 12. Application to approve composition .. .. .. .. .. .. ib. b XIV TABLE OF CONTENTS. PART XIV.— BILLS OF SALE. Nos. 1. Absolute Memorandum of delivery .. 2. By a sheriff (absolute) . . 3. By way of mortgage (statutory form) 4. Affidavit on registration of a bill of sale 5. Affidavit on renewal of registration of a bill of sale . . 6. Affidavit for verifying the signature to a consent for entering satisfaction of a bill of sale 7. Bill of sale of a ship or share in a ship (absolute) .. PAGE 128 129 130 131 133 134 ih. 135 PART XV.— BONDS. 1. For payment of money and interest . . .. .. .. .. .. 137 2. That a married woman, being a minor, shall execute and acknowledge a conveyance on coming of age .. .. .. .. .. .. 138 3. For the fidelity of the manager of a business .. .. .. .. 140 4. Administration bond .. .. .. .. .. .. .. .. 143 5. By officer of provident (or other similar) society . . . . . . . . 145 PART XVL— CASES FOR THE OPINION OF COUNSEL. 1. Case 2. Ditto 3. Ditto 4. Ditto 5. Ditto 146 147 148 149 ib. PART XVIL— CERTIFICATES. 1. By a notary that a power of attorney was executed in his presence 2. Of incorporation of building society , . 3. Of registration of alteration of rules of building society 4. Of registration of change of name of building society 5. Of registration of change of principal office of building society 6. Of registration of instrument of dissolutiuu of building society .. 151 ih. 152 ih- 153 ih. PART XVIIL— CONDITIONS OF SALE. 1. Of freeholds. Conditions of sale of the property described in foregoing particulars .. .. .. .. .. .. .. .. ib. 2. Memorandum tu be appended to conditions .. .. .. .. 163 u. Of freeholds. A shorter form .. .. .. .. .. .. 164 4. Of freeholds. A concise form .. .. .. .. .. 166 TABLE OF CONTENTS. XV Nos. 5. Of reversionary iaterests 6. Of a ship or vessel 7. Of timber 8. Of shares 9. Of pictures 10. Of books 11. Ditto {short form) 12. Of a printer's and publisher's stock with copyrights 13. Sale on usual conditions .. .. .; TAGB 168 170 172 174 176- ib. 17T 17& 179- XIX.— CONSENTS. 1. Of proposed new trustee to act 2. To entry of satisfaction on a bill of sale 3. To a judge's order for a stay of proceedings 180 ib, 181 XX.— CONVEYANCES. 1. Vendor to purchaser in fee .. .. .. .. .. .. .. ib,. 2. On a sale, the mortgagee joining .. .. .. .. .. .. 182. 3. A conveyance by way of settlement of property for benefit of Wesleyan Methodists 183- 4. Copyholds — Certificate of charge .. .. .. .. .. .. 186 5. Transfer of certificate of charge . . . . . . . . . . . . ib. 6. Notice of right to enfranchise .. .. .. .. .. .. ib^ XXL— DECLARATIONS. 1. By solicitor that writ was (or was not) issued by him .. .. .. 187' 2. Of names and residences of persons constituting firm .. .. .. ib-. 3. By lodger that tenant does not own goods .. .. .. .. .. 188- 4. To accompany application for certificate of incorporation of building society .. .. .. .. .. .. .. .. .. ib^ 5. In support of an amendment of the rules of a friendly society . . . . 189 6. Similar form in case of a building society .. .. .. .. .. ib, 7. As to change of name of building society .. .. .. .. .. 190 8. Verifying statements in an application for direction to transfer stock of building society .. ,. .. .. .. .. .. .. ib. 9. By ofiicer of provident society accepting transfer of engagements .. 191 10. To accompany instrument of dissolution of building society .. .. 192 11. Of amount of interest (or dividends) to be paid into Court .. .. ib. 12. Of life of payee 193. 13. To obtain remittance by post of money payable under an order of the Supreme Court .. .. .. .. ,. .. .. .. 194 14. By parliamentary voter as to his place of abode . . . . . . . . ib. 15. For correcting misdescription in occupiers' or old lodgers' list of parlia- mentary voters .. .. .. .. .. .. .. .. 195 XYl TABLE OF CONTENTS. NOS. ' PAGE 16. For correcting misdescription in list (borough registration) .. .. 195 17. By parliamentary voter of inability to read ., .. ,. .. 19fi 18. By candidate of appointment of parliamentary election agent .. .. 197 19. By candidate for parliamentary election as to expenses .. .. .. ib. 20. Same by election agent .. .. .. .. .. .. .. 198 21. Same by parliamentary candidate where nominated or declared in his absence .. .. .. .. .. ., .. .. .. 199 22. Same by candidate at municipal election as to expenses . . . . . . 200 23. By arbitrator or umpire .. .. .. .. .. .. .. 201 24. Similar form under Copyhold Act, 1894 .. .. .. .. .. ih. 25. Of inability to pay debts .. .. .. .. .. .. .. ih. 26. Of identity of various properties .. .. .. .. .. .. 202 27. In support of marital identity and lineage .. .. .. .. .. 205 28. In support of pedigree . . . . . . . . . . . . . . 206 29. Anotherform 208 30. Of seisin .. .. .. .. .. .. .. .. .. ih. 31. Of marriage \ 209 32. Anotherform .. .. .. .. .. .. .. .. .. 210 33. Anotherform .. .. .. .. .. .. .. .. .. 211 34. For verifying a certificate of baptism .. .. .. .. .. ib. 35. Anotherform .. .. .. .. .. .. .. .. .. 212 36. ^?io ib' PAGE 355 356 ih. ih. 357 XXll TABLE OF CONTENTS. Nos. 31. By trustee of intention to disclaim lease 32. Of intention to declare dividend 33. Of intention to declare final dividend 34. Of dividend 35. To creditors of debtor's application for discharge 36. To sheriff of rent due to landlord of execution debtor . . . . . . 358 37. To bailiff of county court of landlord's claim for rent .. .. .. ih. 38. To determine a lease pursuant to a proviso therein .. .. .. 359 39. To quit by landlord to tenant from year to year .. .. .. .. ih. 40. „ by tenant to landlord 360 41. To tenant to deliver up possession pursuant to 1 & 2 Vict. c. 74 . . ih. 42. By executors to quit a farm 361 43. To quit by a vendor — on a sale . . . . . . . . . . . . ih. 44. To lessee to repair preparatory to enforcing right of re-entry . . . . 362 45. To repair fences ih. 46. To remove windfalls .. .. .. .. .. .. .. .. 363 47. To cut trees overhanging another's premises . . . . . . . . ih. 48. Of an anticipated nuisance .. .. .. .. .. .. .. 364 49. To prevent obstruction of a window . . . . . . . . . . . . 365 50. To remove a building encroachment . . . . . . . . . . ih. 51. Notice to remove obstructions and nuisances .. .. .. .. 366 52. By an owner to a trespasser not to trespass on land . . . . . . ih. 53. Not to trespass in a garden or on buildings ., .. .. .. 367 54. By a renter of rights of sporting or to trespassers not to trespass .. ih. 55. Of a reward offered for the apprehension of depredators . . . . . . 368 56. Requiring payment of mortgage money .. .. .. .. .. ih. 57. Another form .. ., ., .. .. .. .. .. .. 369 58. By mortgagee to tenants not to pay rent to mortgagor . . . . . . 370 59. Of paying off mortgage money .. .. .. .. .. .. ih. 60. Of resolution aj^pointing trustees to a friendly society .. .. .. 371 61. Of appointment of new trustee of branch of friendly society .. .. ib. 62. To registrar of change of name of building society . . . . . . 372 €3. Of change of chief office of building society .. .. .. .. ih. 64. Of registry of instrument of dissolution of friendly society .. .. 373 65. Of proceeding to set aside dissolution of a provident society .. .. ih. 66. Of parliamentary election .. .. .. ., .. .. .. ih. 67. Of municipal election .. .. .. .. .. .. .. 375 68. Of disqualification of parliamentary candidate .. .. .. .. 376 69. Same of municipal candidate .. .. .. .. .. .. ih. 70. Of withdrawal by parliamentary candidate .. .. .. .. 377 71. Of appointment of election agent ,. .. .. .. .. .. ib. I'l. Of claim (parliamentary and municipal), borough registration .. .. ih. 73. Of objection (parliamentary and municipal) to be given to overseers (borough registration) .. .. .. .. .. .. .. 378 TABLE OF CONTENTS. XXUl NOS. PAGE 74. Same to be given to persons objected to (borough registration) .. 379 75. Of claim (parliamentary) by lodger (county or borough registration) .. ib. 76. Of claim in respect of the occupation franchise (county registration) .. 380 77. Of objection to be given to overseers in respect of the occupation franchise (county registration) .. .. .. .. .. .. .. 381 78. Same to be given to person objected to (county registration) .. .. ih. 79. Of withdrawal of objection (county registration) .. .. .. .. 382 80. Eeviving an objection . . . . . . . . . . . . . . ih. 81. Of claim to be given to overseers by claimants in respect of ownership (county registration) .. .. .. ,. .. .. .. ib. 82. Of objection to ownership voters to be given to the overseers (county registration) ., .. .. .. .. .. .. .. 383 83. Of objection to be given to persons whose names are in the ownership portion of the register (county registration) .. .. .. .. 384 84. Of objection to be given to persons whose names are on the list of owner- ship claimants (county registration) .. .. .. .. .. ih. 85. Of claim (municipal borough registration) . . . . . . . . . . 385 86. Of objection to be given to overseers (municipal borough registration) .. ib. 87. Same to be given to persons objected to (borough registration) .. .. 386 88. Of withdrawal of objection to municipal voter (borough registration) .. ib. 89. Reviving an objection to municipal voter (borough registration) . . 387 90. By voter of selection in the case of duplicate entries (borough registration) ib. 91. Of claim by freemen to be given to the town clerk . . . . . . ih. 92. Of claim by burgess in borough purely municipal . . . . . . 388 93. Of objection to claim by burgess in borough purely municipal .. .. ib. 94. Of claim by liveryman in City of London .. .. .. •• .. 389 95. Of objection to parties inserted in the list of the livery il. 96. Of objection to be given to the Secondaries of the City of London and to the clerks of the respective livery companies . . . . . . ib. 97. Of sale of a copyright .. .. .. .. •• •• •• 390 98. Of assignment of a business and book debts .. .. .. .. ih. 99. Of assignment of a bond debt .. .. .. •• •• •• 391 100. Of an assignment of a book debt .. .. .. .. .. .. ih. 101. Of an assignment of a policy of life assurance by way of mortgage .. 392 102. A short form ib. 103. Of an absolute assignment of a policy of life assurance .. .. .. 393 104. A shorter form .. .. .. .. •• •• •• •• *"• 105. Of assignment of an annuity . . . . . . ■ • • • • • 394 106. Of withdrawal of claim for a life policy . . - . • • ■ • • • 395 107. Of an equitable charge by way of mortgage .. •• •• •• ib. 108. To persons attending an auction of the consequences of purchasing the property offered for sale .. .. .. •• •• •• 396 109. By vendor to purchaser to complete a purchase, preparatory to com- mencing an action for specific performance of a contract .. .. 397 110. Of change of surname .. .. .. .. •• •• •• 398 111. To poor law guardian of the readiness of a husband to support his desert- ing wife and children on their returning . . - • • ■ • • 399 XXIV TABLE OF CONTENTS. f PART XXXVIII.— PETITIONS. NOS. PAGE 1. In bankruptcy by debtor .. .. .. .. .. .. .. 400 2. In bankruptcy by creditor . . . . . . . . . . . . . . ib. 3. By creditor for administration in bankruptcy of estate of deceaspd debtor 401 4. For obtaining a licence for a Q.C. to defend a prisoner .. .. .. 402 5. By the widow of a bastard who dies intestate, for the portion of his estate which devolves to the Crown .. .. .. .. .. .. 403 PART XXXIX.— POWERS OP ATTORNEY. 1. For use in foreign countries .. .. .. .. .. .. .. 404 2. Statutory declaration of the due execution of the foregoing power of attorney .. .. .. .. .. .. .. .. .. 406 3. The mayor's jurat thereto .. .. .. .. .. .. .. ib. 4. Notary's certificate .. .. .. .. .. .. .. .. 407 5. Merchants' certificate .. .. .. .. .. .. .. .. 408 6. For receiving a legacy abroad . . . . . . . . . . . . ib. 7. For the general management and sale of property abroad . . . . . . 409 8. For acting under Copyhold Act, 1894 410 9. For executing a company's deed of settlement .. .. .. .. 411 10. Afiidavit of the due execution of power of attorney . . . . . . '-&• PART XL.— PROBATE. 1. Oath for an executor .. .. .. .. .. .. .. .. 412 PART XLL— PROMISSORY NOTES. 1 . Payable on demand . . . . . . . . . . . . . . . . 414 2. At sight .. .. 415 2. Payable at one time .. .. .. .. .. .. .. .. ib. 4. By instalments.. .. .. .. .. .. .. .. .. ib. 5. To secure a floating balance . . . . . . . . . . . . . . 416 PART XLII.— PROPOSALS. 1. With a view to a sale.. .. .. .. .. .. .. ib. 2. For mortgage of a freehold estate .. .. .. .. .. .. 417 3. For mortgage of a house . . . . . . . . . . . . 418 4. For mortgage of houses and buildings .. .. .. .. .. 419 5. On application for loans on mortgage (if freehold) .. .. 420 6. On application for loans on mortgage (if copyhold) . . . . . . ib. 7. Ditto (if lifchoM) 421 8. Ditto (if leasehold) . . . . . . . . . . . . . . . . ib. TABLE OF CONTENTS. XXV PAGE ib. ib. Nos. 9. Particulars for letting a mansion . . . . • . • • • • • • '*^-'- 10. Of terms for repairs, &c. . . . . • • - • • • • • • • ^^2 11. Form of voting paper — Public Libraries Act 423 PART XLIII.— PROTESTS. 1. A bill of exchange or promissory note where no notary public available .. ib» 2. On payment of money .. .. .. .. .. ■• •• •• 424 PART XLIV.— RECEIPTS. 1. For a debt *• 2. For debt and costs recovered in an action .. .. .. -• •• 425 3. For rent ^'^• 4. For interest .. .. .. .. •• •• •• •• •• ^^6 5. For dividends under deeds of composition .. .. .. .. •• '^' 6. To be given by building society to revest estate in the mortgagor .. ib. 7. To be indorsed on mortgage by friendly or provident society .. .. 427 8. By sheriff for purchase money of goods seized 9. For debts due from a deceased person 10. For debt discharged by bills of exchange .. .. .. •• •• 428 11. For a debt due on a promissory note and balance of account .. .. ib. 12. A witness's receipt .. .. .. .. •• •• •• •• '"• 13. For money payable under a policy of assurance .. .. .. •• 429 14. For a debt secured by a warrant of attorney .. .. •• ib. 15. For a specific sum in satisfaction of an order in bastardy .. .. .. 430 PART XLV.— REGISTER. 1. Ofmortgai^es .. .. .. .. .. .. .. .• •• 431 2. Of muniments .. .. .. .. .. .. .. •• •• ^32 3. Of fire insurance .. .. .. .. .. •. •• •• 433 4. Of life insurances to be effected . . . . . . . . . . • • ib. PART XLVI.— REMOVAL OF JUDGMENT. 1. Affidavit in support of an application for removal of a judgment or order 434 PART XLVIL— RESOLUTION. 1. At second general meeting of creditors of bankrupt .. .. -• 435 PART XLVIII.— RESTRAINING ORDER. 1, Affidavit for grounding a restraining order on stock .. .. .. ib. XXVJL TABLE OF CONTENTS. PART XLIX.— RETAINER. NOS. PAGK 1. Of solicitor by plaintiff .. .. .. .. .. .. .. 436 2. Shorter form for plaintiff .. .. .. .. .. .. .. 437 3. Short form for defendant . . . . . . . . . . . . . . ib. PART L.— REVIVAL. 1. By landlord and tenant of an agreement avoided by bankruptcy or non- performance .. .. .. .. .. .. .. .. 438 PART LI.— SCHEDULE. 1. Of title deeds and undertaking .. .. .. .. .. .. ib. 2. Of deeds comprised in an abstract of title .. .. .. .. .. 440 PART LII.— STAMPS. 1. Memorial for having a deed stamped without penalty after time expired, or after alteration in the date .. .. .. .. .. .. 441 2. Declaration to accompany the above . . . . . , . . . . . . 442 3. Another form .. .. .. .. .. .. .. .. .. ib. 4. Declaration as to the alteration of the date of a deed previously to its being stamped . . . . . . . . . . . . . . . . 443 5. Declaration for having a deed stamped after its return from abroad .. ib. 6. Declaration for procuring an allowance of spoiled stamps.. .. .. 444 7. Corrective affidavit in connection with the stamp duties on probates and letters of administration .. .. .. .. .. .. .. 446 PART LIII.— STAY OF PROCEEDINGS. 1. Affidavit of consent to judge's order for a stay of proceedings PART LIV.— SUMMONS. 1. General form .. .. .. .. .. .. .. .. .. ib. 2. „ Originating (general form) .. .. .. .. .. 451 3. „ „ (uoi inter partes) .. .. .. .. ib. 4. „ „ (Exparte) : .. 452 PART LV.— UNDERTAKING. 1. To pay a commission .. .. .. .. .. .. .. ..* ib. 2. To release a debtor on payment of a composition by instalments .. .. 453 TABLE OF CONTENTS. XXVll Nos. 1. Of freeholds 2. Of copyholds .. 3. Of leaseholds .. 4. Of a life policy.. 5. Of personal property PART LVL— VALUATIONS. PAGE 454 ib. 455 ib. 456 PART LVII— WARRANTS OF ATTORNEY. 1. To confess judgment .. .. .. .. .. .. _ ^gy 2. Defeazance thereon . . . . . . . . . . . . ^gg 3. Defeazance on warrant of attorney for securing payment of bills of exchano-e 459 4. Affidavit of execution of warrant of attorney . . . . . . 4(50 2. PART LVIIL— WILLS. Affidavit by an attesting witness of the due execution of a will or codicil dated after December 31, 1837 . . Affidavit by an attesting witness verifying alterations in a will before execution .. Affidavit by an attesting witness as to alterations made in a will after the execution thereof.. Affidavit by an executor as to plight and condition and finding of a will Affidavit of the execution of a will by a marksman Appendix of Official Fobms .. Index 4. 5. 461 ib. 462 463 ib. 465 481 PEAOTIOAL FOEMS. PART I— ACKNOWLEDGMENTS. No. 1. Of a Deed hij a Married Woman {ci). This Deed was this day produced before me, and acknowledged by {christian name), the wife of {name in full of husband) therein (a) By tlie Rules of December, 1882, under the Fines and Recoveries Act, 1833, and the Conveyancing Acts, 1881 and 1882, the practice in respect of these acknow- ledgments has been altered, the certificate and affidavit rendered unnecessary, and all the forms, but one, abolished. Only one Commissioner is required, but he must not be "interested or concerned "in the transaction giving rise to the acknow- ledgment (rule 1), though the deed will not be impeachable on that ground only (s. 7, sub-s. 3 of the Act). Neither the husband nor the solicitor " concerned in the transaction " must be present when the acknowledgment is taken (r. 2). The memorandum of acknowledgment is slightly altered from that in use under s. 8i of the Fines and Recoveries Act, but it may still be placed in the margin, at the foot, or at the back of the deed (r. 3). By these alterations, not only will the difficulty of getting, in small country towns, two Commissioners together, be avoided, but a considerable saving of expense will be effected, though difficulty may arise, if the deed containing the memorandum indorsed and signed by the Commissioner be lost, and the Commissioner dead. The following are the questions to be put by the Commissioner to the party making the acknowledgment, being first satisfied that she is of full age, and of ■competent understanding : — 1. Do you acknowledge this deed (jiroducing it) to be your act and deed ? 2. Do you know that it is intended to pass all your estate and interest in the property therein comprised ? 3. Do you freely and voluntarily give up such your estate and interest therein, without having any provision made for you in lieu of, or in return for, or in consequence of your so jiiving up your interest in such estate ? If a provision has been made, the following question must then be put : — 4. What is the provision which has been made for you in lieu of, or in return for, or in consequence of your so giving up such your interest in the said estate ? And then the Commissioner must not take the acknowled2;ment " until he is satis- fied that such provision has been actually made by some deed or writing produced to him; or, if such provision shall not have been actually made before, then he shall require the terms of the intended provision to be shortly reduced into writing, and shall verify the same by his signature in the margin, or at the foot, or at the back thereof" (r. 2). The party making the acknowledgment may reside in any other county than that in which the property respecting which it is made is situate, and for which the B 2 PRAOTICAL FOEMS. named, to be her act and deed (b) previous to which acknowledg- ment (c) the said {christian name of wife) was {d) examined by me separately and apart from her husband (e) touching her (/) know- ledge of the contents of the said deed, and her (/) consent thereto, and {g) declared the same to be freely and voluntarily executed by her, and (li) I declare that I am not interested or concerned either as a party or as a solicitor or clerk to the solicitor, for one of the parties or otherwise in the transaction giving occasion for the said acknowledgment. Dated this day of , 18 — (f) [Signature) A Perpetual Commissioner for taking acknowledgments of deeds by married women (Jc).. No. 2. Of a Deed to he Enrolled (/). Taken and acknowledged at , in the county of , by , Gentleman, party hereto, this day of , 18 — , before me {Signature.) A Commissioner to administer oaths in the Supreme Court of Judicature («i). Commissioner is appointed : but every acknowledgment must be taken by him.' within the latter county (3 ife 4 Will. 4, c, 74, ss. 81, 82). The acknowledgment of the same deed by several married women may be included in one memorandum of acknowledgment. Special commissions are (by r. 7) to be returned to, and filed in the office of " the Registrar of Certificates of Acknowledgments of Deeds by Married Women ; " and an index, " giving the names and addresses " of the parties making them, is to be there filed and searches made as in the other indexes and registers kept in the central ce. For the fees payal)le, see s. 7 of the Conveyancing Act, 1882, and r. 8 of the above rules and the schedule thereto. (i) Or, — [if more than o?i^')— their several acts and deeds. (c) C'r, — acknowledgments. (cZ) Or, — (^if more than one) — the said and were. (e) Or, — tlieir respective husbands. (/) Or,-their. (7) Or, — each of them. (A) The next paragraph is to be omitted if the acknowledgment is taken by a- judge (r. 4). {i) The date is not given in the forms prescribed by the rules, but it is usual and proper to add it, as the words " this day " are used at the commencement. (A) Or,— the special commissioner appointed to take the aforesaid acknowledgment, <"', — a judge of the High Court of Justice in England, or, — a judge of the county court of ■ . but the ackiiowk'tlgiiK'iii will nut ue affected though nut signed in accordance with any of the above forms (r. 5). {I) To be written in the margin of the deed. (to) Or, whatever the style of the ofiicer or Commissioner taking the acknowledg- nu'Ut may be. As to the enrolment of deeds in the Enrolment Uei)artment of the Central Office of the Supreme Court, see Rules of Supreme Court. 1883, Order 01, r. 9.. PBACTICAL FOBMS. 3 No. 3. Of a Recognizance (n). Taken and acknowledgeil by the above-named | , (o) at , in the county (p) of , thisj {Signature.) day of , 18 — . j Before me, [Signature.) A Coramissionpr, &o. {as in Form No. 2.) No. 4. Of Registru of a Friendlu Societal {q). The Society is registered as a (r) under the Friendly Societies Act, 1875, this day of , 18 — . {Seal or stamp of central office (s).) No. 5. Of Registry of a Provident Society {t). The Society, Limited, is registered under the Industrial and Provident Societies Act, 1893, this day of , 18 — . {Seal or stamp of central office (s).) No. 6. Of Registry of Amendment of Rules of a Friendly Society {u). The foregoing amendment of the rules of the Society is (w) This is the usual form of attestation appended to recognizances as, e.g. in the case of sales by auctioneers under the direction of the Chancery Division of the High Court, or by the guardian of an estate, &c. The Commissioner will say : " This is your name and handwriting, and you have informed yourself of the contents of this your recognizance, and are content." (o) Or, — in case of a principal and one or more sureties, inserting all the names. {p) Or, — city, or as the case may be. \q) See form in Schedule IV. of Friendly Societies Act, 1875. For the form of application to register the society, see Form A of the Treasury Regulations of 8 December, 1875, issued under the Act. (r) Friendly society, or, — cattle insurance society, or, — benevolent society, or, — working men's club, or, — specially authorized society. (s) Or, — signature of assistant registrar for Scotland or Ireland. (0 See Schedule IV. of Industrial and Provident Societies Act, 1893. For the mode of applying for registration, see s. 5 of the above Act. If the registrar refuse to register the society, an appeal lies under s. 7, ss. 1 (a) of the above Act to the Queen's Bench Division of the High Court. (?/) See form in Schedule IV. of Friendly Societies Act, 1875. For the forms of PRACTICAL FORMS. re^^isteivd under the Friendly Societies Act, 1875, this day of {Seal or stamp of central office.) No. 7. Of the Receipt of Mortgage Money. And undertaling to execute a Beconveyance {x). I {ij), the within named {mortgagee) of, &c., Grocer, hereby acknow- ledge that I have [this day (z)J received of the within named {mort- gagor), All principal, interest, and other moneys due to me (a) [as mortgagee], upon or by virtue of the within mortgage; And I under- take (&) to execute, at the expense of the said {mortgagor), any reconveyance [or transfer] of the property within described to him, or his representatives, or as he or they shall direct [or appoint]. Dated this day of , 18 — . Witness {Signature ) A. H., Solicitor, {Address). No. 8. Another Form (Short). I (c), the within named {mortgagee) hereby acknowledge to have this day received of the within named {mortgagor) the sum of pounds in [part] satisfaction of the within mentiqned sum of pounds, so far as respects the property within described as being situate at, &c., and in the occupation of A. B. ; And I agree to execute a reconveyance, &c. {as in the last form). Witness {Signature.) . application to"rep;ister a partial or complete amendment of the rules, see Forms B ami D of the Treasury llegulations of 8 December, 1875, issued under the Act, aud for the form of declaration in support, see 2>ost, title Declarations. Cx) To be endorsed on the mortgage security. A mere receipt probably requires no ad valorem stamp, but the duty on a reconveyance is (Jd. per £100, or fractional part. An acknowledgment and undertaking not under seal requires a (k/. stamp. (I'i) If jiaid to the solicitor for the mortgagee, here insert— the undersigned, A. B., of, &c., as solicitor [and agent] for and on behalf of the {mortgagee), &c., as {above). \z) The words wittiin brackets— j/c/ italics— may be retained or rejected tlirough- out, at the pleasure of the draughtsman. (a) Or,— the said {mortgagee). (h) In the above case {ante, n. (y)), here insert— for, and on behalf of the said (mortgagee) that he shaU execute, &c. (as above). (c) If received by the mortgagee's solicitor, see the last form, n. {y). PRACTICAL FORMS. No. 9. Of the Receipt of part of Mortgage Moneij icith an under' taJcing to Release apart of the Mortgaged Propertg. I, the undersigned {mortgagee) of, &c., Grocer, hereby acknowledge that I have this day received of Mr. {the mortgagor), of, &c.. Builder, the sum of pounds, as and in part satisfaction of a sum of pounds secured by him to me {cl), by a mortgage bearing date, &o., of All those freehold (e) dwelling-houses, with the offices, out- buildings and gardens thereunto respectively belonging, situate at, &c„ and now in the respective occupations of A. B. and C. D. ; And that I accept the same in full satisfaction of all my right, title, and interest in the said dwelling-house and premises in the occupation of the said C. D., and of my claim against the said {mortgagor) \n respect thereof ; l3ut entirely without prejudice to my said security upon the other said dwelling-house and premises [in the occupation of A. B.], and to my rights and remedies as such mortgagee as aforesaid for the recovery thereof with interest thereon, according to the said mortgage : [and also with interest on the whole of the said mortgage money up to the day of next, he, the said {mortgagee) not having given me due notice of his intention to pay the amount now received by me, and I having, therefore, declined to accept the said sum of pounds on any other terms] ; And I further undertake to execute at the expense of the party requiring the same, a proper release or reconveyance (/) of the said dwelling- house and premises in the occupation of the said C. D. unto the said mortgagor, his heirs or assigns, at any time during the con- tinuance of my said mortgage {g). [And I, the said {mortgagor) hereby consent to the stipulations and conditions hereinbefore expressed.] Dated this day of , 18—. {Signature.) No. 10. Of Receipt of Bills of Exchange in satisfaction of a Debt {h). We, the undersigned, creditors [and firms of creditors] of {the (d) See Botes (y) and (a), ante, p. 4. (e) Or, — copyhold — or, leasehold. (/) If the property be copyhold, instead of reconveyance, substitute surrender ; if leasehold — reassignment. {(j) Or, — whenever called npon by him or them, in writing, so to do. (h) Compositions with creditors may be made without reierence to the Bankruptcy Act, but only parties are bound. A deed of this nature is required to be registered under the Deeds of Arrangement Act, 1887. Such registration is effected at the Central Office, R.C.J., in the same way that bills of sale are registered. A deed of this nature requires an ad valorem stamp on the amount of composition, but a mere acknowledgment and undertaking not under seal a Qd. stamp. For a composition agreement of this nature, see the author's Practical Forms of Agreements. 6 PE ACTIO AL FORMS. debtor) of, &c., G-rocer, hereby acknowledge to have this day received from him Bills of Exchange, dated this day, drawn upon, and accepted by him and endorsed by {the sureties) ; one for pounds, payable to our order (i) months alter its date; Another for pounds, at months after its date ; and another for pounds, at months after its date ; all of which are endorsed by A. B. and C. D., as his sureties, and the proceeds thereof are for equal distribution between us {h) rateably [and proportionally] according to the amount of our respective claims on the said {debtor) {I) : Which Bills of Exchange, when duly paid and the proceeds so distributed, shall be received by us {m) in full satisfaction of our respective claims upon or against the said {debtor) or the said {the sureties), as his sureties, and each of them, for, or in respect, or on account of any claim or demand [matter or thing] which we (^n), either separately or jointly, with any other person or persons, now have upon or against the said {debtor) ; And, in consideration of his giving of the said bills, we undertake at his request and expense to execute and deliver (o) an effectual release, or other discharge, to bim (j;), for our said claims respectively on the due payment thereof; But, m case of non-payment of either of them at their maturity, it is expressly stipulated that this acknowledgment and undertaking shall be treated as a nullity, and shall not prejudice or affect our original claims and rights respectively [either as partners or otherwise] or our remedies, either against the said {debtor) for the full amount of our said respective debts or claims, or against the parties to the said Bills of Exchange, or either of them. Dated this day of , 18 — . {Signature of creditors or firms {q).) No. 11. Of Another s Title to Property (r). I, the undersigned {claimant), of, &c., Grocer, Do hereby acknow- (*) Or,— to the order of A. B. {k) If the bills are given lor the benefit of all the creditors, liere add— and all other the creditors of the said {debtor), inserting — our and their respective claims, &c. (l) It is better to have a schedule of the debts under wrn ten, as it prevents all quesiions as to tiie amount. In sucli cases, here add — as specified in the schedule hereunder written. (?«) If for other creditors likewise, omit — by us. («) If for all the creditors— or they. (o) If otlier creditors are to he |iaid, here add — and on payment of the distributive shares to the other creditors, to procure their respective undertakings to execute and deliver, &c. {as ahuvt). (^p ) o,-, — sign and deliver to the said {debtor) at — aforesaid, and at his expense, such full acquittances and discharges for the said debts, or claims respectively, as he may reasonably require. {<[) If not sclieduled {ante, n. Q)) and the correct amount of each debt can be stated, it would be well to have it inserted after each name. (y) As an acknowledgment and agreement to enjoy on sufferance, this ;uin the principal value thereof upon delivery of »liis affidavit. under the power — as at the date of the deceased's death, was altogether £- . 12. (^*) Other property which should be included in the accounts Nos. 1, 2, 3 and 4, or in some one or more of them, exists, but I (or) We do not know the amount or value thereof. I (or) We undertake, as soon as the amount and value are ascertained, to bring in an account thereof, and to pay both the duty for which I (or) We am (or) are or may be liable, and any further duty pay- able by reason thereof for which I (or) We am (or) are or may be liable, on the other property mentioned in this affidavit. 13. To the best of my (or) bur knowledge and belief there is Q^) other property, beyond that already referred to, in respect of which Estate Duty is payable upon the death of the deceased, and such property in so far as I (or) We have been able to ascertain the same is specified (^'^) in appropriate accounts annexed hereto and marked respectively . 14. In addition to the Estate Duty on the property included in the said accounts Nos. 1, 2, 3, and 4, 1 (or) We elect to now pay Q^) the Estate Duty on that part (or) the whole of such other property of which the jiarticulars and present value are wholly and truly set forth, as to so much thereof as is part of the aggregated estate ]}assing on the death of the deceased within the meaning of 57 & 58 Vict. c. 30, in the account No. 5, hereto annexed, and as to so much thereof as is no part of such aggregated estate in the account on the separate form C — 1, delivered herewith and marked respectively . 15. The schedule No. 5, hereto annexed, contains true and particular lists of the debts and incumbrances which were subsisting charges at the deceased's death on the real property comprised in the said account No. 5, or on some part or parts thereof, with the particulars of the instruments by which the debts and incumbrances were secured or created, and the names and addresses of the several persons to or in whom the same debts and incumbrances are now due or vested. IG. The said debts and incumbrances were incurred or created by the deceased, or by some one or more of his predecessors in title. In so far as they were incurred by the deceased, or were created by a disposition made by liim, they were incurred or created bona fide for full consideration in money or money's worth wholly for the deceased's own use or benefit, and they take effect out of his interest. The said debts and incumbrances are not, nor are any of them, primarily chargeable upon any other property, and th(^y are not debts or incumbrances PRACTICAL FORMS. 23 in respect whereof there is a rij^ht to reimbursement from any other property or person Q-^). a right to re-"^* '* 17. The value of the property in the said account imbursemeut but No. 5, as at the date of the deceased's death was obtained, adapt altogether £ . the paragraph. 18. The amount of the debts and incumbrances in the said schedule No. 5 is £ , which being deducted from the value of the property in the said account No. 5, reduces such value to the sum of £ . 19. [Cancelled.^ 20. The duty payable in a British possession, to which s. 20 of the Finance Act, 1894, applies, by reason of the deceased's death, in respect of property situate in such possession, and included in the said account No 2, is £ . 21. [Cancelled.'\ 22. The deceased was Q^) possessed of or entitled (i9) inserti to property as a trustee and not beneficially. The short is'so^andstrikf* particulars of such property, and of the disposition, and pfra^j^^p^j'^after the names and addresses of the surviving trustees (if "beneficially." any) and of the beneficiaries, are shown in the statement hereto annexed and marked . All which is true to the best of my (or) our knowledge and belief. (-") ^y the above-named at \ (20) insert here in the County of -this dav of ' "*'^o''°"°r ,_ •' I " amrmed as Ifey . \ the case may be, •r)„j?^„„ ,„„ ) and the name of l>elore me, / each deponent. a Commissioner of Oaths { (-") by the above-named — — at in the County of this day of 189—. Before me. a Commissioner for Oaths., 24 PI! ACTIO AL FORMS. ACCOUNT No. 1. PERSONAL PROPERTY SITUATE IN THE UNITED KINGDOM. The property situatp in Scotland and Ireland respectively should be so marked. No Foreign property should be Included in this account. (1) Published < I notations or brokers' certifi- cales, or letters from the sec- retaries of the companies show- ing medium price at the date of death, should be attached. (2) The name or names of the banks should be stated. Stocks or Funds (iucludiug Exchequer Bills) uf the United Kingdom, viz. : — Stocks, Funds, or Bonds of Foreign Countries, or of British Dependencies, and Colonies, transferable in the United Kingdom, viz. : — Proprietary SLares or De- bentures of Public Com- panies ('). Dividends and Interest de- clared and accrued due, in respect of the above Investments, as per exhibit annexed, to date of death Market price of stocks at date of deatli. Gross principal value at date of death. (3) If the power or other interest was ■ lerived under a will, state name and date of deatli •>f the deceased, l)ut if under a deed, state the date, together with names and addresses of the trustees, and if the deed has been already produced, give tlic official reference appearing upon it. Cash in the bouse ^ , , ., T> , ^2. f (1) on Drawing Account Cash at the Bankers C') < >.,< j^ .,*= ^ ■' \ (i) on Deposit Money out on Mortgage and Interest thereon to date of death, aii jier exhibit annexed Money out on Bonds, Bills, Promissory Notes, and other Securities, and Interest thereon to date of death, as per exhibit annexed Book Debts Other Debts, (18 per //,s< a«/texed Unpaid Purchase Money uf Real and Leasehold Property contracted in lifetime of the deceased to be sold Deceased's interest in proceeds of sale of Real Property directed to be sold by settlement or by will of some other person whether actually sold or not, estimated atO Personal property over which the deceased had and exercised an absnlute power of appointment ... Policies of Insurance, and Bonuses (if any) thereon, on the life of tlie deceased, as per exhibit annexed s. d. Surrender value of Policiea of Insurance and Bonuses (if any) on the life of any person other than the deceased, as certified, by the annexed letters from the secretaries ... PRACTICAL FORMS. (4) If there is a valuation, it stiould be annexed. Household Goods, Pictures, China, Liueu, Apparel, Books, Plate, Jewels, Carriages, Horses, etc. — If sold, realized gross £ (*) If unsold, estimated at £ (5) State date from which profits are computed. (6) A valua- tion must be annexed. (7") These words to be cancelled where the amount is actually ascer- tained, i-rivinf! — 1 Stock in Trade, Live and Dead Farming Stock, Imple- ments of Husbandry, etc. — If sold, realized gross £ If unsold, estimated at £ Goodwill of business, if taken over at a price £ If valued according to custom of trade £ If neither, estimated at ... ... £ (viz., years' purchase of net profits). ^^^___^_^_ (^) Profits of business from 189 — to date of death... C) Ships and Shares of Ships registered at Ports in the United Kingdom, and Profits of same to date of death, as per exhibit annexed (^), estimated at The Deceased's share in the Real and Personal Property as a Partner in the Firm of as per Balance- sheet annexed, signed by the surviving Partners If none, estimated at Leasehold Property, as per detailed description suhjoined or annexed — If sold, realized gross £ If unsold, estimated at £ Particular description. 2. Term unexpired at date of death. 3. Gross Rents where let, or, if not let, either the assessment to property tax (state whether gross assessment or reditced assessment /ci*' coifecitVn. See Finance Act, 1894, s. 35) or gross (not rateable) assess- ment to Poor Kate. 4. The Ground Rent. 5. The nature and amount of the yearly outgoings paid by the Lessee as owner. Less a Mortgage Debt of due from the deceased and created by an Indenture dated the day of for which the said Leasehold Property is the sole security, Rents of the deceased's own Real and Leasehold Pro- perty due prior to the death, but not received by the deceased (") estimated at Apportionment of the rents of the deceased's Real and Leasehold Property to date of death (') estimated at (") Income accrued due, but not received prior to the death, arising from Real and Personal Property, of which the deceased was Tenant for Life, or for any less period, viz of the deceased ; Apportionment of such Income to date of death ... iiut if under a 'j;ijg deceased's Interest expectant upon the death of now aged years, under the Will of proved or under a Settlement dated the day and made between (setting out the parties to the Deed) in (s) If the life interest was derived under a will, state name and date of death deed state the date, together with names and addresses of the 1 rustees, and if the deed has been already produced, give the official reference appearing upon it. the Property set out in the exhibit annexed, and of which Fund the present Trustees are — Other Personal Property nut comprised under the fore- going heads, viz. : — To be signed by the persons I affirmation./ making oath or (Jross principal value at date of deatli. N.B. — Where there is not suflScieut space to insert all the particular iletails of the different itemj, a separate schedule should be annexed, and relerred to as an exhibit. 26 PRACTICAL FORMS. a o • '^ S •4-3 05 C ;2 CB r: ^ ^ ciD c; OT 3 -«1 ^2 ?:; =J S - o c o ^ as QQ o Q -i TS tC bA S _j . J3 —I o -r- t/; — a a> a cc c n> O o -J a^ tf3 «! X ^ —' ■a -C ^ X J2 o c — -1^ 3 '^ — * o 'Sc c a --' to O' ■" u ^ l7l3 oj 3 ■^ « rt. >»'0 W "^ 03 >»,-o = o! -C-^ >- •" ;- J3 o .-a as 3 f3 ^ es.^ Q g CO *^ ♦J ^ «j ^ It ^ o a> 5? t; '!:" a; t- S _ u £■ So"". flj — . -* fls'S ii C ~ o! o o 3 a. 2 ci S X '^ ~ •- .2 g •= •- o to t si S 2 « 3 c o o o3 ■^ » lis (« (ft 'o •c ^ '^ - 5-^ too 2 ■S'"-a ►h O) k S *» 5 O ?^ a g « °._ ° 00 ^ O t*. Q^ FB ACTIO AL FORMS. 27 a o be -a o CD O O Q ^- 5 ® 3 § ix) 5 o (O -2 ^-r. d o P -=1 I 3 O c5 O 3S o m OS s a — 3 (M Si ^ IS m "* 5 u^ a2 ."tS p top Q H) o W -4J K 5 c o '2 V p § — p c ^ o n r— ' r) a fcc CS c! 2 J .^ « &4 T o <«J ^ Fi o o Q tl) o J • 1^ -*j t:d o -:; op r3 "« o 3 <« CD *rs ^ •J ,o o 5 (D O 2 S .2 S ■+? c OS -T w - -s SE a) .- o t1 3 C5 ^i ^ ^ 5 .9 ^ -S to •S "^ a « = s .= Si* fc- C ^ — c^ c t; c 05—30 o o " § >," '- o -a 8 c3 t; — : P- cr •a ■« jCO^'32S ii » -^ 'x ^ "^2 : -o 2 S ■£ 3 •« •;: .S w S^O *j i) t- O O o cS o a o O a o o o 02 o o .2 'o o o a. 00 28 PR ACTIO AL FORMS. 00 O s § Of +2 o .2 S CO o o o < .s ri z— N o N f) o ^ o m o rff ^ -*-> CJ o h ;-i 1 o d a c © a (U D iJf ^ o -*-> c - o, o O P-. o 8-^ 3 a a ^ S. o ■^J ■S c 9 ■^ J o y 3 OQ O •;2 o a, 3 « « ■e =■= o 03 o: &: h s . O (U J= &i ■3^ (» '-•o ,a ^t^ GJ O ai >A -4^ '^ *=■ .a P4 o 03 o in h OJ (J o -1^ hi (D &: O Ph ,__, 03 ^ S PI o :z; oi H -1^ :z; t> rj o o o o <1 ci (D OQ o3 — 3 2 .5 So. a!i ■^3-3 O 'Ti <» 03 m O o ID C QC Vi O o « 43 (3 o -4-a PRACTICAL FORMS. 29 a Si c3 S >n 03 O •«.a •-2 > .S-o •^ ^ »o > o o o o = ;2; O o r3 o m 03 o o Q a XI a. Si o a a o o t> ^ a o -a a? (S -J O 3;! — I 4-3 OS Oi X '/I la ■3 ■^ < ■A o < "A O a P-. 3 a o IS — o 2 3 =o <^ 'o -^ -« Amount deductioi ao «+» - 1^ 3 'JD — -; SO) y: o3 3 > 3 3 7= 3 S o ^ o ^- ^1" £.1 = 3^ t. S 5 5 t? <1 rs <— ' . ^ — -. — --*{ .-J o o o Ph P-( cs :; I— I ^H — a .^ •/ 3 H -J 2^ -i^ ^ fc. ^ 3 -^ C O /-^- = QD ggp.= 25 tal, trat the ilet saed -.*» S 2 ,3 3 y 1— I — ' 1 X 2* * t- ^ 3 p^ trS >>=3 =3 > a s •O ' ^ IK x" he o 3 >■. 3 c -a 3 s Tf ** -J 0) - o .3 'S. 1 roperty, inc re, quant nature of ig bet we 3ture, orcha ors, comm unds, build 1 a o '^ 3 •C -S S O ^ •*.d i^ *" ~ = -tf 2 3 •/ a> s X 3 -r^ .J o .5 . c - -^ "o CD V s ^ cript tioii nam dlst mca woo plea < a ei p 3 '^ S 1 o ^ .3 — £ tc o .2 3 J — — . atj 2:2 -s . I 59-3 — S IT'S — 3 =3 3 :^§.== ^■g 0.03 ;] o.ci 0) oj 3 C =5 .ja - o ^ u r — » S. --2 o ^-^ OD t- .is «^ CJ ■< .3 *^ t£'C •: ■r o " o c __2 £ — ' o, o 5 ■^ •■^ o~? <; =.3 S '■^ .5 o *3 3 .S 3 s- = ,2-52 ■^ 3 3 3 ^■••3 =* J — S ^ ''^ — "o "^ £ O 3 !_ OS — I -*-» o ■— :3 s-i X -t^ ' — ' 1-, '^ 3 D.„ J y - o ■•-"3 3 3 M)o = " 3 !- - — O C " "^ "^-3 = ,- X ♦-' a ^ ^ yjc £: P5 CO o ^■3 3> 3 a 00 O ~a -a o o ci = o 30 PRACTICAL FORMS. W5 d ft K o 3 o a D 03 o O cS c 00 o fa o O ^2; O o o <1 o « o o o o a 6| o C c By o - ^ IE O -S- O^ O > '3^3 o °'§'« T3 O-- OS ^ o £ c I 3 ^5 c8 O <« Jz; ec o o Cm O c fa .2 a; Pi « **»* ,w c oi CO iiD -^ C o o O /- Ph )^ fi (B a CO en •M 3 a c*-< a a 3 j^ a Cm 05 P c ^ =, ■ >: -w CS r— ■ c- s '^ ^ , >-. ■T -~ -, >. S J^ feM =2 Or3 ->i 9 S 9-^ S .• -Sh-l to 5 V < "w U4 3 (S - I— • 1 '-*l c PRACTICAL FORMS. 31 > < I— I c <1 o ;^ -g i •- '-^ = ¥ 5 " > V[ t, -J H P Q p. o O tt 3 ■- -O 5 o 2 2 K o I— I 5 S °-3=« •S o Z ^ o S >- = g j; -»i O (— ^ -^ p - o = a - - 0-.2 o " Z == *- J: *.<; g g g & >>= s z; ^2 > — O/ — -^ X « ■*^ ■"1 . , C5 . -1-3 -S >i OQ m " t. 3 ■^ -»-■ "~ C OJ V— ^ _ o >1 c 2-^ ^ •A '5 rt O ~ a : "5 C4 — " =•? 1 -^ J ::3 ^ cE c £ ■w _ I : 3 £ =.2-^ I sill I = c o 2 5 ° 5 a -a 7S n •a Q o <- -a V ^ >i ft W O ? r- ■^ "^ > E . V -e ; -i (•- ' ~ P- • Ci >■ 5 a . I Q « =t1 Sl, « ? O -5 — ' >— < J^2 a = <3 . f s = —3 r OJ - rf ^ - O X "t^ ^ O >,C3 r3ii .— OJ iO J3 O ;J 5 ?' c3 O ct c bo a •5 H<- o o r >-. ii *^ -^ r3 = = - £C esa 32 PRACTICAL FORMS. Observe. — If there is any property other than that in the accounts Nos. 1, 2, 3, and 4, in respect of wiiich Estate Duty is payable at the deceased's death, it should to the best of the executor's knowledge and belief be specified in appropriate accounts annexed to this affidavit. See Finance Act, 1894, s. 8 (2). Examples oi such other property are printed below. The Account No. 5 printed on page 5 of this affidavit shows the shape which the accounts should take. The names and addresses of trustees and of donees and other beneficiaries should in all cases be stated. Examples. Keal Estate in the United Kingdom which the deceased disposed of by his will or which passed under his intestacy. Keal Estate in the United Kingdom, other than that above, which the deceased at the time of his death was competent to dispose of, within the meaning of the Finance Act, 1894 [see s. 22 (2) (a)] but which he did not dispose of. Donationes mortis causa. Inter vivos gifts of property made by the deceased within a year of death without reservation. Inter vivos gifts of property made by the deceased at any time whereof bona Bde possession was not immediately taken and thence- forth retained to the entire exclusion of the deceased, but a benefit, either charged upon the property or not, was reserved or secured to the deceased by contract or otherwise, or a power or authority was reserved to the deceased to restore to himself or to reclaim or obtain the absolute interest in such property or in some part of it. Property which the deceased, having been absolutely entitled thereto, either by himself alone or by arrangement with some other person, caused to be transferred to or vested in himself and some other person jointly, either by disposition, purchase, investment, or otherwise, so that the beneficial interest in such property, or in some part thereof, passed or accrued by survivorship on his death to such other person. Property which the deceased had an enjoyment of or interest in for life or for some period determinable by reference to death under an express or an implied trust in a settlement made by the deceased by instrument inter vivos, or under an express or implied trust created by the deceased in writing or otherwise. Policies which the deceased effected on his life and kept up wholly or partially for the benefit of a donee, whether nominee or assignee. Annuities (other than a single annuity not exceeding £25, or the first granted of two or more such annuities), or other interests which the deceased either by himself alone, or in concert or by arrange- ment with some other person, purchased or provided so that a benefit arose or accrued by survivorship or otherwise on the death of the deceased. PRACTICAL FORMS. 33 Property not comprised in any of the foregoing classes, in which the deceased or some other person had an interest which ceased on the death of the deceased, to the extent to which a benefit accrued or arose by the cesser of such interest, bu.t exclusive of property the interest in which of the deceased or other person was only an interest as holder of an office or recipient of the benefits of a charity, or as a corporation sole. Other property (if any). Form No. 17. — Warrant to accompany above Affidavit. [For Rates of Duty see p. 4 of Instructions accompanying Form of Affidavit A — 1.] This Warrant should be filled up by the person presenting the affidavit. The duty may be paid at the Office of a Collector of Inland Eevenue, in England, or may be remitted by cheque, drawn in favour of the Commissioners of Inland Eevenue and crossed "Bank of England," to the Accountaut-General (Cashier), Inland Eevenue, Somerset House, London, together with the affidavit and this warrant. \^For Deaths after Ist August, 1894, ond /or Cases exceeding £500 Gross Capital.'] Estate Duty. — (Finance Act, 1894). Surname of Applicant- Address Date of death day of_ 189 Consecutive Number. (For use at the Chief Office only.) Collector's Office Stamp, or Distri- butor's Place of Residence. 189 Name and Address of Deceased. Name Address. Date of Death -day of _ -189 A separate warrant must he used for each ajficlavit. D 34 PRACTICAL FORMS. Abstract of Affidavit. Personal Estate situate in the United Kingdom (Account and Schedule No. I) ••• Personal Kstate situate abroad (Account and Schedule No. 2) Other Personal property, viz. :— (Account No. ) ^(Account No. ) Total Personalty... Realty (Account No. 5) Totals £.. Gross capital. £ Debts and deductions. £ Deduct value of Interests in Expectancy on which Duty \ Personalty is not paid / Realty Net Value on which Estate Duty is now payable £ Net capital. £ Duty Payable. Amount of Capital of Net Estate on which duty is chargeable. Rate per cent, on every £10 or frac- tion of £10. Duty. On £ Personaltv at £ £ s. d. Deduct Allowance for Duty payable in British Possftasiona £ Add:- Interest at £3 per cent, per annum on duty pay- ' able from day after death to date of delivery of the affidavit, both days inclusive, if paid - within six months after date of death (No. of days ) Total... X : : Further Interest at £4 per cent, per annum after six months on above total J £ at£ On Value of Realty now paid f £ t If only one instalment is to be paid on tliis Warrant i\u- value of Realty to be carried out here should be gth of the total net value. If only one half-yearly instalment is to bo paid, the value should be j'^th of the total. Total Duty Paj •able Above details have been compared with affidavit. .pro Accountant. For form to accompany above Affidavit on payment of duty c real estate by executors after 12 months from death, see next page PRACTICAL FORMS. '^b as o CO o CO to '^ lO QO Q W o "-A > p > Oi ^ CB O) CD > CO o o a- d a, o 05 a o M a, 3 02 -tf © I— I -tJ a +3 "73 -M .-, (D ^ S::! O O . P- o J f;5^ ^^ CD +J I £ ® 5 (D Is „ ■5 ^ "^ CO a ® © ® (D O O 5S ® a c3 :z. -s 1^ CO _3 ^ -a o S^ o ^-^ S o ■^ -*^ _r -^ ^'5-2 o c a ^H a i- .U 02 ^ ^^^-^ o o ^ .t^ w © _, o J3 ^ "" -2 C 0^=^-5 8 O (D o ~ ■■^ - 2 "^ g <= .2 -^ 'T5 ^ o ^ ^ -g 3 « a ^ '^ o ra cS cS fl - " . IB - ;" £.5-73 CD" ^ „ o ■4-3 3 . Q ^ fcJD . . © ^£ I-:] S o S CD OS 3 a o o 3 P 03 OS 08 a ■^ 2 os a (D t, ^ a '5 ^ en o 3 03 Q o- H^ Cu -4.3 O CO CD 00 ^ ;-! q:) OS -le CD a OS oT o "^ 03 o &.S, CD S-w O Sl-H ^ ^-a3 •2 -3 -2 i =^ a o-g S -X) ^--^ == -^ a °^ -B,'-a -*^ ^ -S^ t^ ---r oi a c ^ lo o ;= o - a a-a a -I -M - o ^> 2^ CO CO CO 03 o O oS 05 -a o O Amount of instalment being J or ^g of the whole duty. according as it is to be paid by yearly or half-yearly instalments. -^ » =4 Whether duty is to be paid by yearly or by half-yearly in.stalmentR. Amount of Estate Duty on the real property. -^ « =rt =t? <4-3 a 0) o u Net value of the real property as shown by column 1 (t) of the summary on page 6 of the Inland Revenue affidavit on the form A — 1. -e « ^ 36 PBACTICAL FORMS. —1 -*J 03 ^ ■^ C3 a rt « (/: O C H C<-t s o g s S ° s o. ^ y rt > ■^" H ^ ■^ > a. c o -CO ^ <^ ti c3 c3 GJ ft c O 3 > O Cl ft M *-• ■ ■T-! ft O a 1— t «^ P a 3 O a < <« a .s a « < O O o aj3' c g ^, c 3 o ^ ftS if ft^f^ -c- ■»^ — ^ ~z 3^—;*^^ »i O °j; — ~3m'' £ 5 XS 2 ^ S SI- ' Q_,03c3o3ai^C^ !&« 5 o s < a 3 00 a •« 3 ■53 ol .^ ■J ._ a =. a O 3 o o c o o ~.2 j3 « ■" o =s ■- >»^ .§13 c 3 o o -a a M a c -♦-3 OJ oa [^ H s a o o (3 3 3 O ■=** 61D •a a C3 a 3 _ P PBAGTIGAL FORMS. 37 No. 4. Inland Revenue Affidavit — Pei^sonal Estate onlij. \For use where the deceased died after the 1st August, 1894, and the only 'property passing is personal property in the United Kingdom under the deceased's ivill or intestacy.] (a). Printed hy Authority. Form A — 4, [Affidavit or Affirmation for Inland Revenue.] Name and address of solicitor Estate Duty. — Finance Act, 1894. (57 & 58 Vict. cap. 30.) The form of oath as in last form (p. 13). Paras. 1 and 2 as in last form. 3. The account marked " A," hereto annexed, is a true account of the particulars and value, as at the date of the deceased's death, so far as I have been able to ascertain the same, of all the personal property of the deceased, whether in possession or reversion, within the United Kingdom (ci) exclusive of what the deceased may have been possessed of or entitled to as a trustee and not beneficially, but including personal property over which the deceased had and exercised an absolute power of appointmeut. The gross value thereof, as at the date of the deceased's death, was altogether £ . Q) Part (or) the whole thereof, amounting in value to (i) Adapt to £ , was then situate in England, and strikeout (^) Part thereof, amounting in value to £ , was necessary^ then situate in Scotland. Q) Part thereof, amounting in value to £ , was then situate in Ireland. 4. The first part of the schedule, marked " B," hereto ^3^ g^^ finance annexed, contains a true and particular list of the debts Act, 1894. s. 7, i^) due and owing from the deceased at the time of and 2, as to what h death to persons resident within the United King- aldnc^aJ ^'^ (a) This form should be used in cases where the whole estate passing on the death of the deceased within the meaning of the Finance Act, 1894, consists ex- clusively of personal property under the deceased's will or intestacy, situate in the United Kingdom, except where the net value exceeds £100, but the gross value does not exceed £500, in which case use the Form B — 1. Bead the observation on page 4 before filling in this form. If other property jjasses, use the Form A — 1, EXCEPT where the net value of all property in this respect of which Estate Duty is leviable on the death of the deceased, exclusive of property settled otherwise than by the will of the deceased, exceeds £100, but the gross value does not exceed £500, in which case use the Form B — 1. 38 PRACTICAL FORMS. dom, or due to persons resident out of the United King- dom, but contracted to be paid in the United Kingdom, or charged on property situate within tlie United Kingdom, with the names and addresses of the several persons to whom the same are respectively due, and the descriptions and amounts of such debts. The second part of the said schedule contains a true account of the funeral expenses of the deceased. 5. The aggregate amount of the debts and funeral ex- penses in the said schedule is £ , which being deducted from the value of the personal property as specified in the said account reduces such value to the sum of £ . 6. The debts in the said schedule are payable by law out of the personal property comprised in the said account. They were incurred by the deceased hondfide for lull consideration in money or money's worth wholly for the deceased's own use or benefit. They are not, nor are any of them, debts which are primarily payable out of any real property or debts in respect whereof there is a right to reimbursement from any other property or person (^). 7. To the best of my knowledge and belief there is NO OTHER PROPERTY, beyoud that already referred to, in respect of which Estate Duty is payable upon the death of the deceased. 8. The deceased was (^) possessed of or entitled _ ^ to property as a trustee and not beneficially. The short deducted unless particulars of such property, and of the disposition, and the executor has t' ^ -.K ^ '' n .^ • • ^ i /'J^ already paid it. the uamcs and addresses oi the surviving trustees (it any) and of the beneficiaries, are shown in the statement hereto annexed and marked . All which is true to the best of my and belief. Sworn by the above-named at in the County of this day of 189—. Jiefore me, (3) If there is a right to reimbursement but it cannot be obtained, adapt the paragraph. A debt for payment of which the deceased was surety only must not be (4) Insert " not " if the fact Is 80, and strike out all words of para- graph after " beneficially. knowledge a Commissioner for Oaths. Account A is same as Account No. 1 in last form. Schedule B is same as Schedule 1 to last form omitting the second and third notes. lleceipt, as in last form. PRACTICAL FORMS. 39 Summary OF Affidavit. Capital. Duty. Gross value of property £ .■t. d. Estate duty on the net value (t) of property at the ap- Drfinrijit.ft ratft ft") £ s. c(. Tlprlnf fioim ••• 3 per cent, per annum in- terest thereon, to be deemed part of duty, from date of death till date of delivery of afiSdavit, or till six months after death, wliich- pvpr "fir»^t. hfinnftUftd Net value (*) of property for determining rate of Estate Dxity Deduct value of any interests in expectancy on which Estate Duty is not now paid Total duty £ 4 per cent, per annum interest on such total duty, from six months after deatii to date of delivery of affidavit Total duty and interest | £ paid on this affidavit y"" Net value (t) of property /or determining amount of Es- tatfi Dutv Estate Duty according/ £ — to the value (*) —per cen t. To be signed by the persons making oath or affirmation. Oeseuve. — The same observations are appended as in the last form. Only Personal Property in the United Kingdom. Form No. 16. [To accompany Form A — 4.] [For Rates of Duty see p. 4 of Instructions accompanying Form of Affidavit A— 4.] This Warrant should be filled up by the person presenting the affidavit. The duty may be paid at the Office of a Collector of Inland Revenue, in England, or may be remitted by cheque, drawn in favour of the Commissioners of Inland Revenue, and crossed " Bank of England," to the Accountant-General (Cashier), Inland Revenue, Somerset House, London, together with the affidavit and this warrant. \_For Deaths after \st August, 1894, and for Cases exceeding £500 gross Capital.'] Estate Duty. — (Finance Act, 1894). Surname of Applicant A d dresa Date day of^ -189 Consecutive Number. (For use at Chief Office only.) Collector's Office Stamp, or Dis- tributor's Place of Residence. 189 Name and Address of Deceased Name. ( Address Date of death day of_ .189 A separate warrant must be used for each affidavit. 40 PR AG TIC AL FORMS. Abstract of Affidavit. Gross capital. £ Debts and deductions. Personal Estate situate in the United Kingdom (Account '-A" and Schedule " B ") Deduct value of Interests in Expectancy on which duty is not paid Net value on which Estate Duty is now payable £ Net capital. Duty Payable. Amount of capital of net estate on which duty is chargeable. On£ Personalty, Add:— Interest at £3 per cent, per annum on duty ") payable from day after death to date of de- | livery of the affidavit, both days inclusive, }> if paid within six months after date of death | (No. of days ) J Rate per cent, on every £10 or frac- tion of £10. at £ Duty. £. Total. Further interest at £4 per cent, per annum after six months on above totalj Total duty payable £ Above details have been compared with affidavit. _pro Accountant. No. 5. Inland Revenue Affidavit — Small Instates under £500 (a). [For use ivhere the deceased died after the 1st August, 1894.] Printed hy Authority. Form B — 1. [Affidavit or Affirmation for Inland Revenue.] Name and address of solicitor (if any) (a) This form should be used in cases where the deceased died after the 1st August, 1894, and the gross ])rii)cipal value of the property real and personal, in respect of which Estate Duty is levia'ile on the death of the deceased, exclusive of jii-wpertij settled otherwi.se than by the will of the deceased, does not exceed £500, except where the gross value exceeds £100, but the net value does not exceed £100, Und, if any Estate Duty is payable thereon, the 6xed duty of 30s. or 50s., under s. IG of tlie Finance Act, 1894, is to be paid. In other cases where the deceased died after the 1st August, 1894, tlie Form A — 1 should be used, except where the whole estate passing on the death of FR ACTIO AL FORMS. 41 Estate Duty. — Finance Act, 1894 (57 & 58 Vict., cap. 30). (England.) In the High Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The (1) Intl I ..!• We C^) In the goods of reojisti'v deceased. {') and say as follows : — 1. I (or) We desire to obtain a grant of (*) of the above-named of (^) deceased who died at on the day of one thousand eight hundred and ninety domiciled in (^) United Kingdom called that part of the C^) and having a fixed place of abode at within the district of 2. The deceased left (^) husband (or) widow, lawful issue, lawful lineal ancestor — surviving. A (or) no child of the deceased has attained 21, or being a daughter has married. 3. The account hereto annexed and marked " A," is a true account of the particulars and value, as at the date of the deceased's death, so far as I (or) We have been able to ascertain the same, of all the property, real and personal, whether in possession or reversion, on which Estate Duty is payable on the death of the deceased, exclusive of property settled otherwise than by the will of the deceased. The gross value thereof, as at the date of the deceased's death, was altogether £ . (^) Part (or) the whole thereof, amounting in value to £ , was then situate in England. {^) Part thereof, amounting in value to £- then situate in Scotland. (^) Part thereof, amounting in value to £- then situate in Ireland. was was (1) Insert here "Principal" or " District " as required, ami in tlie latter case add the name of the district. (2) Insert here the name, address, and description of each person who joins in the affidavit or affirmation. (3) Insert here " make oath " or " do solemnly and sincerely affirm," as tlie case may be. (4) Insert here " Probate of the will," or "Ad- ministration with the will annexed of the personal estate and effects," or " Administration of the personal estate and effects," as the case may be. (5) Insert here the address and occupation of deceased, and his or her personal description, us " bachelor," " spinster," " widower," or " widow." (6) If deceased were domiciled abroad, insert here the name of the country, and strike out the rest of the para- graph. (7) If applica- tion for the grant is made to the Principal Registry, strike out the rest of the paragraph. (8) Adapt to suit the facts, and strike out what is not necessaiy. the deceased within the meaning of the Finance Act, 1894, consists exdusiuely of personal property under tlie deceased's will or intestacy, situate in the United Kingdom, and the ^ross value thereof exceeds £500, or where it does not exceed £500, the net value does not exceed £100, in which case the Form A — 4 should be used. Where the deceased died on or be/ore the 1st August, 1894, the Form A or B according to circumstances should be used. Where property settled otherwise than by the will of the deceased passed at the deceased's death, and the executor or administrator elects to pay the Estate Duty thereon, an account thereof should be annexed to this affidavit on the Form C — 1. 42 PRACTICAL FORMS. (9) Insert " no " if the fact is so, and strike out all words after the second word "deceased." (10) See ss. 1, 2, and 8 (3) of Finance Act, 1894. (11) See s. 6 (2) of Finance Act, 1894. Strike out this paragraph if the Estate Duty is not elected to be paid by the executor or administrator on such other property. .Strike out "that part " or " the whole " as the case may be. Annex a form or forms C — I, if necessary. (12) Insert the number of separate forms. (13) Insert here " sworn " or "affirmed," as the case may be, and the name of each ileponent. 4. The gross value of the personal property situated in the United Kingdom which passed under the deceased's will or intestacy, was at the date of the deceased's death, altogether £ , 5. To the best of my (or) our knowledge and belief there is (^) property settled otherwise than by the will of the deceased, in respect of which Estate Duty is payable upon the death of the deceased, and such pro- perty in so far as I (or) We have been able to ascertain the same is specified i^^) in appropriate accounts annexed hereto and marked respectively . 6. In addition to the Estate Duty on the property in- cluded in the said account marked " A," I (or) We elect to and do pay Q^) on the Q^) separate form — C — 1, delivered herewith, and marked respectively , the Estate Duty on that part (or) the whole of such pro- perty settled otherwise than by the will of the Deceased, of which the particulars and value as at the date of the date of the deceased's death, are wholly and truly set forth in the account — on the said form — . All which is true to the best of my (or) our knowledge and belief. . n - in the 189—. — by the above-named County of this - dav at of Before me, (13^ a Commissioner for Oaths. ' bv the above-named at in the County of 189—. Before me. this day of ") a Commissioner for Oaths.'' PRACTICAL FORMS. 4S (1) Published quotations or brokers' certifi :ates, or letters from tlie secretaries of the companies showing medium price at the date of death, should be attached. (2) The name or names of the banks should be stated. (3) If the power or other, interest was derived under a will, state name and date of death of the deceased, but if under a deed, state the date, together with names and addresses of the trustees, and if the deed has been already produced give the oflScial reference appearing upon it. ACCOUNT «A." The property situate in Scotland and Ireland respectively should be so marked. Stocks or Funds (including Exchequer Bills) of the United Kingdom, viz. :— Stocks, Funds, or Bonds of i Foreign Countries, or of ; British Dependencies, and I Colonies, transferable in the United Kingdom, viz. : — Proprietary Shares or De- bentures of Public Com- panies ('). Dividends and Interest de- clared, received, and ac- crued due, in respect of the above Investments, as •per exhibit annexed, to date of death ilarket price of stocks at date of death. Gross principal value at date of death. Cash in the House •• r. 1 *.v, -R 1 ,„,/ (1) on Drawing Account Cash at the Bankers O I ^2) on Deposit Money out on Mortgage, and Interest thereon to date of death, as per exhibit annexed ... Money out on Bonds, Bills, Promissory Notes, and other Securities, and Interest thereon to date of death, as per exhibit annexed Book Debts Other Dehts, as per list annexed Unpaid Purchase Money of Real and Leasehold Property contracted in lifetime of the deceased to be sold Deceased's interest in proceeds of sale of Real Property directed to be sold by settlement or by will of some other person whether actually sold or not, estimated atO • '■ Personal Property over which the deceased had and exercised an absolute power of appointment (^) Policies of Insurance, and Bonuses (if any) thereon, on the life of the deceased, as per exhibit annexed d. Surrender value of Policies of Insurance and Bonuses (if any) on the lite of any person other than the deceased, as certified by the Secretaries the annexed letters from 44 PRACTICAL FORMS. (4) If there is 3. valuation, it should be annexed. Household Goods, Pictures, China, Linen, Apparel, Books, Plate, Jewels, Carriages. Horses, etc.— If sold, realized gross £ (*) If unsold, estimated at £ Stock in Trade, Live and Dead Farming Stock, Imple- ments of Husbandry, etc. — If sold, realized gross £ (*) If unsold, estimated at £ Goodwill of business, if taken over at a price £ If valued according to custom of trade £ If neither, estimated at £ (viz., years' purchase of net profits.) (5) State date from which profits are computed. (6) A valua- tion must be annexed. (7) These words to be cancelled where ithe amount is actually ascertained. (5) Profits of business from 189— to date of death .., («) Ships and Shares of Ships registered at Ports in the United Kingdom, and Profits of same to date of death, as per exhibit annexed, (') estimated at The deceased's share in tlie Real and Personal Property as a Partner in the Firm of as per Balance- sheet annexed, signed by the surviving Partners .. If none, (') estimated at Leasehold Property as per detailed description subjoined or annexed — Gross principal value at date of death. Giving — 1. Particular description . 2. Term unexpired at date of death. 3. Gross Rents where let, or, if not let, either the assessment to property tax (state whether fjross assessment or reduced assessment /or coliech'on. See Finance Act, 1894, s. 35) or gross (not rateable) assess- ment to Poor Rate. 4. The Ground Rent. 5. The nature and amount of the yearly outgoings paid by the Lessee as owner. If sold, realized gross £ (••) If unsold, estimated at £ Less a IMortgage Debt of due from the deceased and created by an Indenture dated the day of for which the said (8) If the life interest was derived under a will, state name and date of death of the deceasid ; but if under a deed state thi' date, together with names and addresses of the trustees, and if the deed has t)een already produced give the official reference appearing upon it. Leasehold Property is the sole security. {No mortgage debt cre- ated by the deceased himself is to he deducted.) Rents of the deceased's own Real and Leasehold Pro- perty due prior to the death, but not received by the deceased, (') estimated at Apportionment of the rents of the deceased's Real and Leasehold Property to date of death, (') estimated at C) Income accrued due, but not received prior to the deatli, arising from Real and Personal Property, of which the deceased was Tenant for Life, or for any less period, viz. : Apportionment of such Income to date of death The deceased's Interest expectant upon tlie death of . now aged years, under the Will of dated the proved dav of or under a Settlement and made between (setting out the parties to the Deed) in tlie Property set out in the exhibit annexed, aud of whicli Fund the present Trustees arc- Gross principal value of personal property in the United Kingdom which passed under the Deceased's will or intestacy ~ d. PRACTICAL FOB MS. 45 Gross principal value at date of death. Keal Property in the United Kingdom which the deceased disposed of by his will or which passed under his mie&ia.cy . as per exhibit annexed Personal or Moveable Estate situate out of the United Kingdom, which is not saleable or transferable in the United Kingdom, as per exhibit annexed. (The local situation of the property should be stated) Money which the deceased had at the time of his death a general power to charge on real property, whether the power was exercised by his will or not, as per exhibit annexed Property in the United Kingdom, other than that above, which the deceased at the time of his death was competent to dispose of, within the meaning of the Finance Act, 1894 (see s. 22 (2) (a) and (6)), but which he did not dispose of, as per exhibit annexed .. Donationes moitis causa., as per exhibit annexed ... Inter vivos gifts of property made by the deceased within a year of death without reservation, as per exhibit annexed Inter vivos gifts of property made by the deceased at any time whereof bona fide possession was not imme- diately taken and thenceforth retained to the entire exclusion of the deceased, but a benefit either charged upon the property or not, was reserved or secured to the deceased by contract or otherwise, or a power or authority was reserved to the deceased to restore to himself or to reclaim or obtain the absolute interest in such property or in some part of it, as per exhibit annexed Property which the deceased, having been absolutely entitled thereto, either by himself alone or by arrangement with some other person, caused to be transferred to or vested in himself and some other person jointly, either by disposition, purchase, invest- ment or otherwise, so that the beneficial interest in such property or in some part thereof passed or accrued by survivorship on his death to such other T^erson, as per exhibit annexed ... Policies which the deceased effected on his life and kept up wholly or partially for the benefit of a donee, whether nominee or assignee, as per exhibit annexed Annuities (other than a single annuity not exceeding £25, or the first granted of two or more such An- nuities), or other interests, which the deceased either by himself alone, or in concert or by arrangement with some other person, purchased or provided so that a benefit arose or accrued by survivorship or otherwise on the death of the deceased, as per exhibit annexed ... ... ... ... ... ... .. Other property not comprised under the foregoing heads, as per exhibit annexed ... Gross principal value of the Estate £ To be signed by the persons \ making oath or affirmation. / N.B. — Wliere there is not sufficient space to insert all the particular details of the different items, a separate schedule should be annexed, and referred to as an exhibit. For a Model Exhibit, see page 4 of the form. 46 PRACTICAL FORMS. o JS S o 'e o ^ ■ s- — ^ ej tb? > « ^ > 60 '3 "5 ^ *o 3*5 5.2 'V. =+? ir 't- ■^ -^ £-> <+? o '3 ]o """ =t{ ; > . eg A) p • "3 3 '« • • ~^ • C o • CJ J , C 3 CO ^^H 1 -2 - g 3 .4.3 1 o o •' •^ D O H !?; =tl o H ^ a> >j "r; 1 -« 3 a 7 < =■ i ■,: a ^— o •3 CO E s pi 1 O o "o gas fcO ^ "1 srt a eS C3 :3 "3 als a o S. ^O ^u 2*3 -. OJ s-^ o 2 tcu S - 9 = 3 ? '=^>-5 ;_ era ■S toe ^ •S 1^'s, g 5 o ^ o """3 lis 11^ -1- •** •-.2?J \-/ :: ^ ^ 2 o fl S -^" i; s £ « u^ " & tS =5 a ov. a ^ . VJ3 a 3 > a< iil e8^'2 _0 5 m' o 1 2 a 53 S--S ^ - a _ .2 S'm 2>>5g|g.a •- i o 1 a s 3 o B 1 1 ^ o « • ga,iS 'C -^ o o tcg.a J:; ^ 9 2S iti; and short niateilal parties tu any deed, will. •J < SA a o < b3 J- ^ 5 OJ (» Wiiii -S = 3 .5 « o a I. ."" J3 4> T3 •" O P3 CO m 11 c3 a 03 ::3 rt O o o 3 ±- 1 Ph 1 C « H^ -S-S o -4-3 o a 03 -4-^ s :3 a o MO « -Cj P 5 2 s a " -^ =2 H -u. 43! *^ "S c3 gi-i a > ^ . =3^ 33 o 13 o o c3 > ^ o t— .ti « 5 ^ o ^ ft ■ O I . ^ o » ^ ? o cS bC o o PI 'a ,_ - x a & o S -t^ (u" ^^^^^-^ -gr3 PhS ^ iJ O O r- ' — ' u CJ ^ ^ "^ -Q S T3* ■S O >. " o .2 ^ _ fl ■►^ O J2 . _ 7:3 J 5 2 "^ =2 « fi O SI „ _ 53 2 ^ ^ cS cj -^ a; 1^ C. Cfl - —r-i S (D aj I_ . ° ;2 ^ g-g P-^ !=^S C3«a « bC^-^5^^. ^^5 p a^qo0cocs«>fl-3 g o « 3 -- ° J ou^ ^ - ^ en a CO «3 CO O rt J 03 -^ o" ""^ "^ '-3 ^ SJ^ S »= "13 3 3:2 o'^Qj'^OJrtOJvsS S. 03 ^i-^ >^ in CP i. O ^ 03 ;=-( eS C3 !S5 cS -^ > c3 O 03 3 03 03 42 a 03 3 3 o o o c3 « 3 .5 c3 _. 03 -^ T*^ 3 ^ S o 03 .a ^43 a 03 > .3 3^ S rt ^ 3 03 03 3^ bC O 03 1-7^ 03 ^ 03 ^ CO P -H O O 'T^ « _b!i «4-l o .2 — w 43:^3 O 03 3 -w 43 3 CO -(-3 o S ►^ ^J o-^ "^ 43 3 03 -*^ cS 4= ^ 03 *^ CO CO *J -.^ 03 ^3 .4; ^ ^ 93 -^ C3 CO Q 'I <1 o 03 43 03 S 3 .0 03 43 03 -4-» CS •k3 CO CO cS 03 3 o o >> >> '.S 3: 3 l-H O •-- 1: 03 • O 03 > >^-" 44"2 03 O I- — 3 CO 5 '^ ^ -t^ S a^*^ o > S -^ 43 qs ^;g 3 rt 48 PRACTICAL FORMS. No. 6. Inland Revenue Affidavit — Foreign Domicil of Deceased [a)'. \_For use ivhere the deceased died after the 1st Aiigust, 1894.] Printed by Authorittj. Form Y — 1. [Affidavit or Affirmation for Inland Revenue.] Name and address of solicitor Estate Duty. — Finance Act, 1894. (57 & 58 Vict. cap. 30.) (England.) (1) Insert here ^^ ^^^^ High CoUVt of JuSticB. the name, descdption1)f Probate, Divorce, and Admiralty Division. each person who (PrOBATE.) joins in the ^ ' affidavit or affirmation. ^^g Principal Piegistry. (2) Insert here "make oath" , i f> i j or " do solemnly In tlic goods oi cieceasecl. and sincerely r / x vy nx . affirm." as the J- \P^) VV 6 ^ ; case may be. ' (3) Insert here " Probate of the — • will," or ad- ministration ,a\ 1 p n with the will (^) and say as lollows : — ^^rTo^tustale 1- I W We desire to obtain a grant of {^) of and effects," or ^]^g above-named of (^) deceased who died at "Administration - ^ / t • i of the personal on tiic daj OI One tliousaiid eignt effert^s.-^as the hundrcd and ninety domiciled in (^). case may be. 2. The account hcrcto annexed, and marked " A," is a the addres^s'^and'^^ truc account of the particulars aud present value of all decelsedrami i.is the pcrsonal estate and effects of the deceased, for or in or her personal resDcct of whicli the grant is to be made, exclusive of uGScription fts x^ tu ' "bachelor.^ what the dcccased may have been possessed of or "w/dower"or entitled to as a trustee and not beneficially. The gross "widow." value thereof altogether is £ and the whole of the thename o7th"^ Said Personal Estate and Effects was situate abroad at dom'idr^""' the time the deceased died. (a) This form should be used in cases where the deceased died after the 1st Aufjtist, 1894, domiciled abroad, and no property situate in the United Kingdom in respect of which Estate Duty is leviable, pa.s.sa/ on the death of the deceased within the meaning of the Finance Act, 18U4, but a grant is required in respect of assets which have, since the deceased's death, bei'u transmitted to this country. Where, in similar circumstances, the deceased died on or before the 1st August, 1894, the form "Y" should be used. PEAGTICAL FOB MS. 49 3. To the best of my (or) our knowledge and belief there is no property in respect of which estate duty is payable upon the death of the deceased. 4. The deceased was (*') possessed of or entitled to property as a trustee and not beneficially. The short particulars of such property, and of the disposition, and the names and addresses of the surviving trustees (if any) and of the beneficiaries, are shown in the statement hereto annexed and marked , All which is true to the best of my (or) our knowledge and belief. C^) by the above-named at in the County of this day of 189—. Before me, (6) Insert " not " if the fact is so, and strike out all words of paragraph after " beneficially. (7) Insert here " sworn " or " affirmed " as the case may be, and the name of each deponent. C) in the County of 189—. Before me, a Commissioner for Oaths, by the above-named at this day of a Commissioner for Oaths. ACCOUNT ("A") of the Personal Estate in respect of which the grant is to be made. Particulars of property. Local situation of the property at the date of the deceased's death. Gross value. £ g. d. Total ... £ E 50 PRACTICAL FORMS. No. 7. Inland Revenue Affidavit — Trust Property only (b). [For use where the deceased died after the 1st of August, 1894.] Printed by Authority. Form Z — 1. [Affidavit or Affirmation for Inland Kevenue.] Name and address of solicitor Estate Duty. — Finance Act, 1894. (57 & 58 Vict. cap. 30.) ( 1) Insert here "Principal" or (ENGLAND.) " District, as ^ ' required, and in /"T the latter case 7;^, fli(> ±liqll COUH Of J UStlCe. add the name of ^ ./ * (2)'*insert here PrOBATE, DiVORCE, AND ADMIRALTY DIVISION. the name, (PrOBATE.) address, ana v ' description of each person who joins in the affidavit or affirmation. The Q) registry (3) Insert here In the goods of deceascd. r"'.1o%rm;iy I (Ol) We (^) ^ or and sincerely affirm," as the case may be. ( t) Insert here " Probate of the will." or " Administration with the will annexed of the {^^ and Say as follows : andeffect?,'^o*r 1. I (or) WO dcsiro to obtain a grant of (^) of oVthe'terfonai"" the abovB-named of {'') deceased who died at estate and on the dav of onc thousand eiffht case may be. hundred and ninety domiciled in (^) that part the^add^essan^ o^' ^hc United Kingdom called (') and having a fixed occupation of placc of abode at within the district of . h?3oT her t^ The account hereto annexed is a true account of the descripuon, as particulars and present value of all the personal estate "bachelor/' ^ud cffccts of thc (leceascd, for or in respect of which "spinster, , . . , ' ,^, r "widower," or the grant is to be made. ihe gross value thereof re'rn deceased altogether is £ and the said deceased was legally were domiciled entitled thcrcto as a trustee only, and had no beneficial abruad, insert •...!• here the name mtcrCSt therein. andsirTkeouI' 3. To the best of my (or) our knowledge and belief (h) This form sliould be used in cases where the deceased died after the 1st of Avf/ust, 1894, and no property in respect of which PJstate Duty is leviable, ^'o^sseoJ on the death of the deceased within the incanin<; of the Finance Act, 1HU4, and the grant is solely in respect of [iroperty of which the deceased was trustee only. Where in similar circumstance, the deceased died on or before the 1st of August, 1894, the form "Z " should be used. PRACTICAL FORMS. 51 there is no property in respect of which estate duty is payable upon the death of the deceased. All which is true to the best of my (or) our knowledge and belief. (8) by the above-named at \ in the County of this day of 189—. Before me, a Commissioner for Oaths. (8) by the above-named • at ' in the County of this day of 189—. Before me, a Commissioner for Oaths. the rest of the paragraph. (7) If appli- cation for the grant is made to the Principal Registry, strike out the rest of the paragraph. (8) Insert here " sworn " or " affirmed " as the case may be, and the name of each deponent. ACCOUNT of the Personal Estate in respect of which the grant is to be made. Particulars of the property ami of the trust. (The date of and names of parties to any deed should be stated, and the name of any testator and the date of probate of his will.) Total Gross value. %. d. 52 PRACTICAL FORMS. No. 8. Inland Revenue Affidavit — Corrective for Dnty (c). [For use when the deceased died after the 1st of August.^ Inland Eevenue. — Estate Duty. Form D — 1. [Corrective Affidavit for Inland Revenue.] 1. A.G. 2. Eeceived the day of 189— the sum of pounds shillings and pence, for Estate Duty and Interest thereon. ComptroUed and Kegistered for for Commissioners of Inland Revenue for Accouutant-General of Inland Revemie. This receipt does not imply that the amount of duty is not subject to rectiticatiou. Name and address of person who forwards this aflfidavit OflScial reference Reg. 189—. Fo. Atfdt.- In the Estate passing on the death of 1. I (or) we deceased. C) (1) Insert here "make oath," or " do solemnly and sincerely affirm," as the case may be. (2) Insert here "Probate of h will " or " letters of administration of „f h effects," "^ &c., as the case may be. (3) Insert — "me " or "us," or state the names of the persons to whom the grant was made. (•») Insert " me" or " us," or state the names of the persons by whom the affidavits were made. Fill in blanks and adapt generally to suit the circum- stances of the case. and say as follows : — 2. This deceased, late of died on the 18!)—. 3. (^) was (or) were granted to (^) day — at the Registry of the Probate Division of the High Court of Justice on the • day of 189 — . 4. An Inland Revenue affidavit (or) affidavits has (or) have been delivered by (*) . 5. It has now been discovered that, in the circum- stances stated overleaf, too little (or) too much Estate Duty has been paid upon the affidavit (or) affidavits which has (or) have already been delivered. 6. The corrected particulars and values of the property included or which should have been included in the several accounts annexed, or which should have been annexed to the affidavit (or) affidavits which has (or) (c) This form should be filled up in duplicate, but only one copy need be sworn. If a return of duty is applied for, tlie forms siiould be presented pensonally, or by an agent, at the Legacy and Succession Duty Office, Somerset House, Lontlon, W.C., accompanied by the Probate or Administration, and evidence in support of the claim. If further duty is to he paid, the forms may be sent there through the post from an address outside the Metropolitan Postal District. Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. PRACTICAL FOB MS. 53 have already been delivered, the values whereof were in- correctly, or were not at all stated therein, are shown overleaf. The corrected rate of Estate Duty is also shown. 7. The corrected particulars and amounts of the deceased's debts and funeral expenses are shown over- leaf. 8. The debts not hitherto deducted, and comprised in the Schedules Nos. 1 and 2 hereto annexed, were at the time of the deceased's death due to the persons whose names and addresses are stated, and were payable by law out of the personal property comprised in the Accounts Nos. 1 and 2 respectively annexed hereto, or to the affidavit or affidavits which has or have already been delivered. 9. The debts in the Schedules Nos. 1 and 2, hereto annexed, were incurred by the deceased, honct fide, for full consideration in money or money's worth, wholly for the deceased's own use or benefit. They are not, nor are any of them, debts which are primarily payable out of any real property belonging to the deceased. There is no right to reimbursement (^) from any other (5-) if there is property or person whatsoever in respect of them. reimbursement, 10. The debts and incumbrances not hitherto deducted, obtahied"ad'aJr and comprised in the Schedule No. 5 hereto annexed, t^e paragraph. were at the time of the deceased's death subsisting observe.— is it 1 .1 1 , • 1 • J.1 4 A intended to now charges on the real property comprised in the Account pay Estate Duty No. 5 annexed hereto, or to the affidavit (or) affidavits tn%^S! which has (or) have already been delivered, or on some l^^'^ys'i?'^'^.*' ^ \ „ f^,, -z . , f> 1 • , included in this part or parts thereoi. The particulars ot the instruments affidavit.? hy which they were secured or created and the names fsTt^ntended to and addresses of the several persons to or in whom the ^^^^on^he^reai debts and incumbrances are now due or vested, are property in one , sum, or by stated. yearly, or by 11. The said debts and incumbrances were incurred or jnsufmenfs'.' created by the deceased or by some one or more of his ^''^p^J' — predecessors in title. In so far as they were incurred by the deceased or were created by a disposition made by him they were created or incurred hona fide for full consideration in money or money's worth wholly for the deceased's own use or benefit, and they take effect out of his interest. The debts and incumbrances are not, nor are any of them, primarily chargeable upon any other property passing at the death of the deceased. There is no right to reimbursement (^) from any other property or person whatsoever in respect of them. 12. Save as appears in and by this affidavit, and the affidavit or affidavits which has (or) have already been delivered, no property chargeable with Estate Duty ])assed, 54 PRACTICAL FOB MS. or is deemed to have passed, within the meaning of the Finance Act, 1894, so far as I (or) we know or believe, at the death of the deceased. 13. It now therefore appears that in the circumstances stated overleaf too little (or) too much Estate Duty has been paid, all which is submitted to the Commissioners of Inland Revenue, in order that the deficient duty with interest thereon, may be accepted, (or) that the overpaid duty may be returned to me (or) us, (or) to my (or) our agent, whose receipt shall be a sufficient discharge for the same. All which is true to the best of my (or) our knowledge and belief. (6) Insert here (^) by the abovc-namcd at "afflmed^^as iQ the Couuty of this day of the case may be. J §9 . Before me, a Commissioner for Oaths. ^ Personal Pkoperty. Real Property. Here state what correction has become necessary and in what circumstances. £ 8. d £> 8. d Here state what amount of Estate Duty is considered to be payable or what amount to be returnable. Payable 8. d. Returnable d. Payable £ 8, d. Returnable 8. d [For Official use only.] On the basis of this " affidavit," a)id subject to rectification if found necessary, the amount of Estate Duty and interest to be now paid is £ „ s. d. as shown above. Somerset House, London, W.C. day of By the Commissioners, 189 . Begistrar. Comptrolled_ Pro A. & C. G. FRAOTICAL FORMS. 55 No. , 189 . Official Eef. :— Reg. , 189 -, Fo. . Affidt. , deceased. Corrective Affidavit. Name and address of agent (if any) : — Statistics abstracted, No. 9. Affidavit of Justification by Sureties. In the, &c. {as in form No. 1, above.) We (first deponent), of, &c., Grocer, and (second deponent), of, &c., Draper, jointly and severally make oath (d) that we are the proposed sureties on behalf of (the administrator) of, &c., Grocer, the intended administrator of all and singular the personal estate and effects of the said (intestate), late of, &c.. Draper, deceased, intestate, in the penal sum of pounds, for his faithful administration of the said personal estate and effects [of the said deceased] ; and I, the said (first deponent), for myself further make oath (d) that I am, after payment of all my just debts, well and truly worth, in real and personal estate, the sum of pounds ; and I, the said (second deponent), for myself further make oath (d) that I am, after pay- ment of all my just debts, well and truly worth, in real and personal estate, the sum of pounds. Sworn by the said (first deponent) and (second deponent) at, &c. (as in Fart II., No. 1.) (Signatures.) (d) Or, — solemnly, sincerely and truly declare and affirm. 56 PBACTICAL FORMS. No. 10. Affidavit in Support of an Administration Summons in the Chanceri/ Division by a Creditor. In the High Court of Justice. 18 — (e), No. — . Chancery Division. Mr. Justice . In the Matter of the estate of {the deceased), deceased, Between {the creditor) (/ ), Plaintiff, and {The represe7ifafives of the deceased), Defendants. I {the deponent), {g) of, &c., Draper, make oath and say as follows: — 1. The above-named {deceased), deceased, was, at the time of his death, and his estate still is justly and truly indebted to me Qi) in the sum of pounds {i), for goods sold and delivered by me {g) to the said {deceased), deceased, in his lifetime and at liis request, at the times and at the prices marked in the full particulars of my said demand set forth in the paper writing now produced, and shown to me and marked with the letter " B." 2. The prices charged in the said paper writing marked " B " are both fair and reasonable, and such as are usually charged in the trade of a draper. 3. And I, speaking positively for myself and to the best of my knowledge and belief as to other persons, say that I have not, nor hath, nor have, any other person or persons by my order or for my use received the said sum of pounds or any part thereof, save and except the said bill of exchange (h), but the whole of the said sum of pounds, together with interest thereon from the said day of last as aforesaid, still remains justly due and owing to me {g) under and by virtue of the said bill of exchange {h) and on the account aforesaid. 4. {T) The said {deceased) died on or about the day of , 18 — , and probate of his will {m) has been granted by the Principal (e) The initial letter of the surname of the deceased person. (/) If suing on behalf of himself and all other the creditors of the deceased, this should be stated. {g) For variations where the deponent is one of a firm, see j)os#, Part III., No. 1, n. (e). (//) See preceding note, and Part III., No. 2, n. (/). (/) If the debt or a part of it be due on bill or note hero say — together with interest for the same after the rate of pounds per centum per annum, from the day of 18—, under and by virtue of a certain bill of exchange [or, pro- missory note], date the day of 18 — , and which said bill [or, note] is now produced to me and marked with the letter " A." 2. The said deceased was also at the time of his death, and his estate still is justly and truly indebted to me in the further sum of pounds i^as ahuvc). (k) Or, — promissory note. (0 This paragraph is required to prove that the defendant is the proper person to be sued. (w) Or, — letters of administration of his personal estate have. PEACTIQAL FORMS. 57 Kegistry {n) of the Probate Division of the High Court to the Defendant (w). 5. [If not already stated hy inference in the Atli -paragraph, here shoiv means of hioivledge.] Sworn, &c. (as in Fart II., No. 1). {The deponent.) Filed on behalf of — No. 11. Affidavit of Service of an Administration Summons in the Chancery Division (o). In the High Court of Justice. 18 — (p), No. — . Chancery Division. [Name of Judge.) In the Matter of the estate of {the deceased), deceased, Between {the creditor) {q), Plaintiff, and {The representatives of the deceased), Defendants. I {the deponent), of, &c., Clerk to H. M. of, &c.. Solicitor for the above-named Phiintiff, make oath, and say as follows : — 1. I did on the day of , 18 — , before the hour of six iu the afternoon (r), serve the above-named Defendant {here state the defendant's name) (s) with a true copy of the summons now produced and shown to me, marked " A," by leaving it at the of the said • situate being the address for service iu this action with {t) there. Sworn, &c. {as in Part II., No. 1). {The deponent.) Filed, &c. (n) Or, as the case may be. (o) The service must be upon the executor or administrator of the deceased : see Berkeley v. Mason, L. R. 19 Ex. 467, and Rules of Supreme Court, 1883, Ord. 55, r. 5 B. (p) The initial letter of the surname of the deceased person, ((/) Add (if so suing), on behalf of himself and all other creditors of (the deceased), deceased. (r) Or (in the case of a Saturday), — two o'clock in the afternoon : see Rules of Supreme Court, 1883, Ord. 64, r. 11. (s) or, the solicitor of the. (t) Describe the person or persons on whom, and where, service was effected; e.r/., the said A. B., personally at , in the county of , and the said C. D., personally at &c., or, — the clerk of the said C. D., at the address for service of the said C. D., situate at &c., or, as the case may be. 58 PRACTICAL FORMS. No. 12. Affidavit hy Creditor to i^rove a Debt (u). In the High Court of Justice. 18 — , No. — . Chancery Division. {Name of Judge.) In the Matter of the estate of (the dehtor). Between A. B., and others, Plaintiffs, and C. D., and others, Defendants. I (the deponent), of, &e. (x), make oath and say as follows : — 1. {The dehtor) the testator (?/) in the judgment (0) dated the day of , 18 — , in this action (a) named was at the time of his death, and his estate still is, justly and truly indebted to me in the sum of pounds for (h). 2. The full particulars of my aforesaid demand are set forth in the paper writing now produced and shown to me and marked {initial letters of deponent's name folloived hy a numher) (c). The prices charged in the said paper writing marked are fair and reasonable, and such as are usual and customary in the profession of a solicitor {d) as I know from having carried on such profession for years last past. 3. And I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, lastly say that I have not, nor hath, nor have any other person or persons by my order, or for my use, received the said sum of pounds, or any part thereof, or any security or satislaction whatsoever for the same or any part thereof. Sworn, &c. {as in Part II., No. 1). {The deponent.) Filed, &c. (m) Notice of the allowance or partial allowance of a creditor's claim is sent by the personal representatives to any creditor whose claim is admitted : Rules uf Supreme Court, Ord. 55, r. 56, Form 7 in Appendix L to same rules. , No affidavit is required unless notice is given to the creditor, that he must file such affidavit as he may be advised in support of his claim : see Rules of Supreme Court, Ord. 55, r. 5G ; anil fur the form oi notice, see No. 8 in Appendix L to the same rules. (x) Add dppcription, e.r/., gentleman, and (if so), a solicitor of the Supreme Court. (y) Cr, — intestate. (z) Or, — order. (a) Or, — matter. (h) E.f)., work done as a solicitor, &c. ; see Form Part III., No. 46 ; and {if so) in the further sum of £ for interest upon, and for the forbearance at interest, &c. Sue Form i'ai t 111., No. fil.'.. (c) Marking the exhibit in this way avoids confusion. For form of memorandum Sfo post, till'' " Kxliiljits." It should l)e signed by the dcpoTicnt. (d) Or, — business of a timber merchant — or, trade of a grocer. PRACTICAL FORMS. 59 No. 13. Affidavit, hy Annuitant under a Bond, to jjrovG Arrears due (e). In the, &c. {as in the preceding form). I (the deponent), of {place of abode and description), make oath and say as follows : — 1. {The debtor), the testator (/) in the judgment {g) dated the day of , 18 — in this action (li) named, made his bond, dated the day of , 18 — , to me in the penal sum of £ , conditioned for the payment by him, his executors or administrators of the sum of £ a year to me, during the life of , who is still living {i), and which said bond is now produced and shown to me and marked (k). 2. The said {the debtor) was at the time of his death, and his estate still is by virtue of the said bond, justly and truly indebted to me in the sum of £ , for arrears of the said annuity computed to the day of , 18 — . And I, speaking positively for myself and, &c. {as in p'eceding form). Sworn, kc. {as in Part II., No. 1). {The deponent.) Filed, &c. (e) See note (li) to preceding form. (/) ^''' — intestate. i.9) Or, — order. {h) Or, — matter, (i) Or, — as the case may be. {h) To be marked witb initial letter of deponent's name followed by number, and make the bond an exhibit. fiO PRACTICAL FOB MS. PART III.— AFFIDAVITS (a) SECTION 1 (&). No. 1. The Parties mahing the Affidavit. I [the cleponent)y (e) of D., in the county of , Grocer, make oath and say : — (a) Practically the regulations as to the forms in use, and the mode of swearing affidavits are the same now in all Courts. For the general rules in the High Court, see Rules of Supreme Court, 1883, Ord. 38, rr. 2-24, and when sitting in bankruptcy, see Bankruptcy Kules, 1886, rr. 39-50. As to stamping affidavits and the use of office copies : see rule 15 of the above order of the High Court, and as to the exemp- tion from stamp duty (except as to fees) of affidavits in proceedings in any Court, and in bankruptcy, see Stamp Act, 1891, tit. Affidavit, and s. 144 of the Bank- ruptcy Act, 1883, and Nos. 47, 51, and 52 of the above rules in bankruptcy. Affidavits should be entitled in the court in which the action (if any) is, or in which they are to be used, and in the cause or matter in which they are made, and also bear a reference to the record. They should be drawn up in the first person and be set out in separate paragraphs, confined, as far as possible, to a distinct portion of the subject, and the paragraphs should be numbered consecutively, but figures relating to dates and sums are allowed, though in the Probate Division both dates and sums, and, in affidavits to be used in the Pay Office, sums, should be written in words. Even in jurats the date of the year is now stated in figures, but where any doubt arises as to the propriety of employing figures, words should be used. Any interlineations or alterations must be authenticated by the initials of the officer or person taking the affidavit, and any words written on an erasure must be rewritten and signed or initialled in the margin of the affidavit by him. (h) By way of illustration the form of an affidavit of debt is divided into sections, with several variations given, indicating their application to difterent circumstances, with the object of showing (1) the proper description of the deponents ; (2) the sub- ject-matters ; and (3) the proper forms of jurats. For the differences in the headings to affidavits according to the court and matter in which the affidavit is used, see the affidavits given in full under the various titles throughout this collection of forms. (c) 0?-,— C. M., the wife of W. M.. of, &c. Or, — R. S., of, &c., the steward of W. M., of, &c., Esquire. Or, — T. A., of, &c., agent for C. M., of the city of Paris, in the Eepublic of France, Merchant. Or, — R. E., of, &c., clerk — or, book-keeper — or, servant — to H. M., of the same place, Merchant — or, to A. B. & Co., trading at L. — or, in the city of B. — as and under the style or firm of "A. B. & Co." (accurdinf/ (u lite style u/' //m Jinn). Or, — if made by one oiafirm, — R. R., for and on behalf of myself and G. A. and T. 0., my co-partners in trade. Or, — R. E., of, &c., Gentleman, executor of — o;', one of the executors named and appointed in and by — or, surviving executor under — the last will and testament of H. M., deceased. //' muilf lnj lui cxixn'ur, hero add, — which said H. M. was sole executor of the last will and testament of G. H., deceased. Or, -R. R., of, &c., Gentleman, administrator of all and singular the goods and chattels, rights and credits, which were of G. R., deceased, at the time of his death ; who died intestate — or (If made hy an administrator de bonis iion) — administrator of all and singular the goods and chattels, rights, and credits, which were of H. M., deceased, at the time of his death, and left unadministered by G. P., deceased ; which said G. P., deceased, was the executor — or, surviving executor under the last will and testament of the said H. M., deceased — or, administrator — or, administrator with the PRACTICAL FORMS. 61 SECTION 2. The Subject-matter. No. 2. The Debt. (After make oath and say), add : — 1. That (d) (the debtor), the above-named defendant (e), is justly and truly indebted to me (/) in the sum of pounds for, &c. (see the following fifty -eight forms and the indorsements of ivrits given in the Bides of Supreme Court, 188o, Aiip. A.) STATEMENT OF THE CAUSE OF ACTION. (A.) Special Contracts. No. 3. For Principal and Interest due upon a Moi^tgage. For (g) principal and interest due [and owing] from the said (mortgagor) to me upon and by virtue of a certain indenture of mort- will annexed, — of all and singular the goods and chattels, rights and credits, of the said H. M,, deceased. Or, — R, R., of, &c,. Gentleman, Trustee — or, one of the trustees of the estate and effects of G. R., a bankrupt. < h\ — R. R., of, &c., Grocer, one of the above-named plaintiffs — or, who has sur- vived S. S., his late partner, deceased. Or, when sworu by two ur more deponents — We, A. B,, of the above- named [or, one of the above-named] plaintiffs [or, defendants], C. D., of , severally, make oath and say as follows :— And first, I, the said A. B., for myself, say, &c. And I. the said C. D., for myself, say, &c. And we, the said A. B, and C. D., severally say, &c. (see an example, above. Part. II., No. 8, p. 55). (d) It is not necessary to commence each paragraph with " that," but it is con- venient to do so where the affidavit is short, otherwise after "say," add the words "as follows," and commence the parai;raph3 with "On" or other suitable word, according to the context. (e) If so, here add — who has survived S. S., his late co-partner in trade. (/) If the debt be due to a firm, here add — and to A. B. and C. D., my co-partners [in trade]. If due to an executor, here add — as such executor as aforesaid. Or, when made by one of several executors, say — me [this deponent] and C. D , as executors — or, surviving executors — of the last will and testament of {tlie testator), deceased, Or, — if made by an administrator or assignee, say — as such administrator — or, assignee — as aforesaid. Or, if made by husband and wife fur a debt due to the latter, or us legatees, here add — and C. M,, my wife, as legatees under the last will and testament — or, if for a distributive share — of a distributive share of the estate and effects of {the intestate), deceased. Or, if made by a cestui qiie trvst upon a special contract — unto the (trustee), in trust for me, this deponent. {g) This must follow after the words " pounds " in the previous form. 62 PRACTICAL FORMS. gage, under his hand and seal, and bearing date, &c., and made between, &c., whereby he [the said {mortgagor)] covenanted [and agreed] to pay to me (7i) the sum of pounds, with interest for the same after the rate of pounds per centum per annum, at a certain day now past. No. 4. Same by an Assignee. For principal money and interest due on a certain indenture of mortgage, bearing date, &c. [as in last form'], whereby the said (mortgagor) covenanted [and agreed] to pay to tlie said (Dwrtgagee), his executors, administrators, or assigns, the said sum of pounds, with interest, &c. (as above), as appears by the said indenture and as I verily believe (i). And I further say, that the said indenture of mortgage, with the principal and interest due (k) thereon, have been duly assigned by the said (mortgagee) to me (Z) : And I (the assignor) the other deponent for myself say that I did not previously to such assignment receive, nor have I since received, the said sum of pounds and interest, or any part thereof. No. 5. For the Arrears of an AnnuitTj. For the arrears of a certain annuity or yearly sum of pounds, granted by the said {grantor) unto me (m), in and by a certain inden- ture {n) bearing date, &c., and made between, &c., payable from the day of the date thereof for and during my life (o), and whereby the (//.) Or, if inade by an executor or administrator, instead of " to me " substitute — to A. B., deceased. (i) A party suing en autre droit as executor, administrator, trustee of a bankrupt, assignee, or tlie lilie, is allowed to swear to the best of bis belief, the grounds of such belief being stated : Rules of Sn])reme Court, 1883, Ord. 38, r. 3 ; bhddon v. Baker, 1 T. R. 84 ; Lowe v. Farleij, 1 Chitt. 92, and by the books, &c., of the deceased, Fowler v. Morton, 2 B. & 1*. 48, as it cannot be presumed that he is able to swear positively to the fact. (k) And, if so — all other moneys to become due. (/) If the affidavit be made by an as^signee the assignor must join to negative its payment to himself, but as to the position of the transferee of a statutory mortgage : see Conveyancing and Law of Property Act, 1881, s. 27; and, as to the effect of an absolute assignment of which exjjress notice has been given to the party liable: see Judicature Act, 1873, s. 25, sub-.s. 3. {m) Or, — unto the said J. E., since deceased, his executors, administrators, and assigns ; — who, in and by his last will and testament, in writing [bearing date, &c.], devised the same to me. ^n) Or, — devised to me by the last will and testament of the (testator), late of, &c., Grocer [bearing date, &c.]. (,^) (;;.^_for and during the natural lives of C. D. and E. F., and the life of the survivor of them, or, — a.s tfie case may be, o/.— for and during the term of years, thence next ensuing. PRACTICAL FOB MS.' 63 said {grantor) also covenanted {p) duly to pay the same yearly and every year unto me by equal half-yearly {q) payments, namely, on the day of , &c. [stating the times), in each and every year during my life (r) : And I further say that one (s) of such half- yearly or, quarterly payments, amounting to the said sum of pounds, is now in arrear and unpaid. No. 6. For Rent due on Lease. For the arrears of a certain yearly rent of pounds {t) due and payable to me, upon and by virtue of an indenture of lease, bearing date, &c., and made, &c. (ii). No. 7. Upon a Judgment. Upon [and by virtue of] a certain judgment of the [Queen's Bench] Division of Her Majesty's High Court of Justice recovered by me {x), the day of , 18 — , against the said [debtor), the sum of pounds, for my damages, costs, and charges {y). No. 8. Upon a ( Voyage) Policy of Insurance. Upon and by virtue of a certain policy of insurance effected- by me [z) of a certain ship or vessel called " The Dart," on a voyage (;)) Or, — if given by will, instead of covenanted, substitute — directed the same to be paid to me by equal half-yearly — or, quarterly payments to commence from his death, which happened on the - — - day of , 18 — . (r/) Or, — quarterly, namely, on, &c. {stating the times). (r) Or, — the said lives — or, the said term. (s) Or, — two {or more) of the said half-yearly — or, quarterly payments, amount- ing together — or, altogether — to the sum of ■ pounds, are now respectively in arrear and unpaid. {t) Or, — for one year's — or, a half — or, a quarter — of a year's rent. («) If ;ip;ainst an assignee, here add — which said indenture of lease, and all the estate and interest of the said (/e.ssee) in the premises thereby demised, were, in and by a certain indenture, bearing date, &c., and made, &c., assigned by him to me for and during the residue of the said term. {x) Or, — whereby I, on the day of -, 18 — , recovered, &c. (y) Or, — for a debt — or, other cause, according to the terms of tlie jud:4nient — amounting to pounds, and also the sum of pounds, for my damages, costs, and charges. Or, — if the aflidavit 1 e made by an executor or ((ssii/»ee, say, — re- covered by the said J. E., deceased, in his lifetime, against the said {debtor') for the sum of pounds, &c. Qts rt/;o*v), adding — and which judgment is still in force and unsatisfied as appears by the record of such judgment. And as I verily believe — {z) Or, if property therein, say— on certain casks of wine — {or other tidiKjs) of the value of pounds, on board, &c. (as above). 64 PRACTICAL FORMS. from London to Quebec {or, as tlie case may he) ; and which said policy was and is underwritten by the said (debtor) for the sum of pounds : And I further say that the said ship or vessel was lost [a) on her said voyage ; which loss (J)) was one of the perils insured against by the said policy : And I further say, that a loss of pounds (e) upon the said policy has since been adjusted and signed by the said (debtor). No. 9. Upon a Time PoUc>/. UroN and by virtue of a certain policy of assurance, whereby I (d) caused myself to be insured, amongst other things, against loss by perils of the seas during the space of calendar months, com- mencing on the day of , one thousand eight hundred and , in the port or at sea, with liberty to touch, stay, trade, and proceed to all ports and places whatsoever and wheresover, on a certain ship or vessel of this deponent, called " The Agnes," valued at the sum of pounds, on my own account ; and which said policy of assurance was underwritten by tlie said (debtor) for the sum of pounds (e) : And I further say, that the said ship or vessel was, during the said voyage by and through the force and violence of the winds and waves and the perils of the seas greatly damaged (/) ; And that a loss of pounds per centum on the said policy of assurance was, on or about the day of , adjusted and signed by the said (debtor). No. 10. For Premiums of Insurance (g). For certain premiums of insurance due and payable from the said (debtor) to me as the underwriter of certain policies of insurance, for and on behalf, and on the account of the said (debtor), for the insur- ance of divers large sums of money ; on certain ships or vessels (li) by me for the said (debtor), and at his request. («) Or, — was captured — or, taken as a prize — ur, the said casks of wine were captured and taken as a prize, on board the ship or vessel, by the enemies of our lady the Queen. (6) Ur, — capture, (c) Or, — pounds per centum. (d) Or,— hy A. B., as my agent. (e) If underwritten by ;ui di/ent, hureaild — And I further say, that the said policy of assurance was effected by B, and C, as the agents for and on account of the said (^debtor). (■/) Or, — wrecked, lost, and destroyed. (7) A shorter t'urm wdiiM run — For premiums due and payable by the a&id. (debtor) to me, for insuring certain ships and vessels — "/', goods -by me for the said (debtor) and at his request, 'riie request must be stilted, J/arshall v. Ddnison, '_' I'yr. 315. (/() O/,*— divers goods, wares, and merchandise, on board of certain ships or vessels. PBACTICAL FORMS. 65 No. 11. For Freight under a Charterparty. Upon and by virtue of a cliarterparty of affreightment, bearing date the day of , 18 — , for and on account of the freight and hire of a certain ship or vessel called " The Dart," let to hire by this deponent to the said (debtor), and at his request ; and by him taken and used for and during a voyage from Loudon to Cork in Ireland (or, as the case nmy he). (B.) Articles of Agreement. No. 12. For Payment of a Debt. For principal and interest due to me this deponent, under and by virtue of certain articles of agreement, bearing date, &c., and made between, &c., whereby the said (debtor) [covenanted and] agreed to pay to me the [said] sum of pounds (i), together with lawful interest for the same at a day now past (k). No. 13. For a Premium upon a Lease. Under and by virtue of a certain agreement, bearing date, &c., and made, &c., whereby, in consideration that I would grant a lease to the said (debtor) of certain messuages, &c., therein particularly de- scribed, for the term of years, the said (debtor) agreed to pay to me, on the execution thereof, the [said] sum of pounds, as a consideration or premium for the same ; which said lease has been (I) granted by me to the said (debtor), pursuant to the terms of the said a<2:reement. No. 14. For Debt on Aivard. Upon and by virtue of a certain award [and umpirage], made by (the arbitrators) (m) upon and by virtue of a certain submission, made and entered into by me and the said (debtor) on the to the award, order, aud determination of (the arbitrators), or their (i) An agreement under seal need not set out a consideration ; but in a parol agreement it must be shown. {k) Or, — with interest thereon after the rate of — pounds for every one hundred pounds by the year (according to the terms of the agreement). Q) Or, — on or before the day of 18 — , was granted, &c. (as above). (w) Or, — the umjjire. F QQ PRACTICAL FORMS. umpire, of and concerning {n) matters in difference then depending between me and the said (debtor), touching a certain indenture of lease bearing date, &c., and made, &c. {or, as the case may he) (o), upon and by virtue of which said reference, the said arbitrators (jp) awarded that the said {debtor) should pay to me the sum of pounds, at a day now past. No. 15. For Money due on Bond. For principal and interest due upon a certain bond, bearing date, &c., and made and entered into by the said {debtor) whereby he became bound to me {q) in the penal sum of pounds, conditioned for the payment of [the said sum of] pounds, with interest for the same at the rate of pounds per centum per annum (r), on a certain day now past. No. 16. For Money upon an Arbitration Bond. Upon or by virtue of a certain bond, bearing date, &c. [as above, down to the ivord " conditioned," and then add], for the performance of a certain award to be made as in the condition of the said bond is mentioned : And also upon and by virtue of an award, since made, in pursuance of the said condition, bearing date, &c. ; whereby the sum of pounds was awarded and directed to be paid by the said {debtor) to me, at a day now past. No. 17. For Money upon an Annuity Bond. For the arrears of a certain annuity of pounds secured and due to me upon and by virtue of a certain bond, &c. {as in the money (n.) Or, —all — or, certain. (o) If on ail imiiiirage, hero aiii], — by which said submission the said (arhifrafors) were empowered in case they should not agree in making their awards, to appoint a third person to award, order, and determine, and finally settle the said matter in dif- ference ; whereupon the said ((niii/ralois), not agreeing in making the said award, they, by \ irtue of the power aforesaid, and by and with the consent and approbation of myself and the said (f/c7j<()y\), nominated and appointed the s&iii^niiqiire) as an qmpire to award, order, and finally determine the said matter in difference. il') ^''> — umpire. (?) ^''> — i' '■''^ deponent lie an ., &c. (as in the last form) (x), in reading, writing, and arithmetic, good manners, and other useful and necessary qualifications and accomplishments, at the request of the said (debtor) : And also for divers books, pens, and other necessary materials and things, pro- vided, used, and employed by me in and about such work and labour for the said (debtor), and at his request. [If for board and lodging also, here add the form in No. 37.J (t) Or, — chaises. (u) Or, — daughter — or, illegitimate child. (x) Or,- — divers infants and persons. PRACTICAL FORMS. *J7 No. 55. ^45 a Nurse. For work and labour, care, diligence, and attendance, done, performed, and bestowed by me in and about the nursing, instructing, and taking care of one A. B., the infant son, &c. {as in No. 38 n. (z)). No. 56. As a Factor, &c. For work and labour, care, diligence, and attendance, done, performed, and bestowed by me as the factor and agent of, and for, the said (debtor), in and about the selling and disposing of divers goods and chattels (y) for him the said {debtor) and at his request [and, if so, in and about paying and discharging certain duties and charges of, or upon certain goods, wares, and merchandizes of, and for the said {dehtor).] No. 57. As a Carrier. For the carriage (z) and conveyance {a) of certain goods and chattels carried and conveyed by me (&) for the said {debtor), and at his request. No. 58. For Freight, Primage, or Average. For freight (c) due from and payable by the said (debtor) to me upon, for and in respect (d) of the carriage and conveyance of certain goods and chattels (e) from divers places to divers other places (/), for the said (debtor) and at his request. (?/) Or, — goods, wares, and merchandizes ; and (if so), in and about certain other commissions, dealings, and business. (z) Or, — lighterage. (a) Or, — tonnage. (h) Or, — if so, — carried and conveyed in certain lighters and other vessels [or, — in certain boats or barges in and upon a certain canal from London to Bristol] and shipped and landed in and out of the same. (c) Or, — balance of freight — or, primage and average. (d) These words must bi; adapted to the fact. (e) Or, — wares and merchandizes, carried and conveyed by me in and on board of a certain ship or vessel called " The Vine," whereof I was master and commander. (/) Or, — if the places are known with certainty, name them, as — from London to Cork. 78 PRACTICAL FORMS. ,No. 59. As an Insurance Broker. For work done by me as an insurance broker, in and about the writing, drawing and making out of divers policies of insurance of divers ships and vessels (g) for the said (debtor) and at his request. No. 60. For Passage Money. For the passage of the said {debtor) (h) from London to Quebec (*), in and on board a certain ship or vessel belonging to me {Jc), and at his request. SECTION 3. Jurats (l). No. 61. If sworn in Court, — Sworn in Court (m) at the Eoyal Courts ) of Justice, J Or, if on circuit, — at W, in the county of H. Or if before a Judge at chambers (or at his private residence), — At the Judge's chambers, in the Koyal ) Courts of Justice, London, j Qr^ — at my house in Square, in the I county of Middlesex, j Or, if before a chief clerh, — At the chambers of Mr. Justice , Royal Courts of Justice. Or, if before a Master, — At the Master's room. No. — , Royal Courts of Justice, London. Or, if before a Commissioner, — At the city of Bristol, Or, — at W., in the county of D. (Adding in all cases) this day of 18 — . ^g^ Or, — goods, wares, and merchandizes ; and {if so) in and about the causing and procuring of divers persons to insure divers sums of money on the said ships or vessels, — or, goods, wares, and merchandizes. (Ji) And {if so) other persons. (t) Or, — from divers places to divers other places. ik) Or, — whereof I was master and commander ; and (*/ .so) for meat, drink, and other necessaries found and provided by me for the said {debtor). {1} See the piuvisKius ot the Cdiuiuissioucrs tor Oaths Act, 1889. The examples are some of the jurats iu ordiniiry use. For the more special ones — and there is a variety— the piaclitiouer is referred to the useful publications by Ford and by Braithwaite on Oaths. (m) Or, if the Court be not mentioned at the top of the affidavit— in the Division of the High Court of Justice. PBACTICAL FORMS. 79 The Commissioner or other person administering the oath, signs his name at the foot of the jurat thus : — Before me, {Signature.) {If before a Commissioner {n) ) A Commissioner to administeroaths in the Supreme Courtof Judicature (o). {If in Court) omit "before me" and in lieu of signature, the ivords are " by the Court." If before a Judge) . . . the words " before me " are not neees- sarg. {If before a Master) . . . after the signature add "sl Master oi the Supreme Court." {If before a Chief Clerh) . after the signature add " Chief Clerk " (2^). No. 62. Wlien the affidavit is made by two or more deponeiits, and they are both sworn at the same time and before the same Commissioner, the jurat should run thus : — Sworn by both, or all — the above named deponents severally at, &c. {as above). But when the deponents are sworn separately at different times and before different Commissioners, the jurat must run thus : — {Signature.) Sworn by A.B. the above-named deponent, 1 at, &c. ( Or, — Sworn by the above-named deponent A. B. at, &c. } (n) The Commissioner or other person must add (not necessarily in his own hand- writing) his iull official character and description. (0) it is not necessary to add the words " in England." (p) Ho alterations can now be made after the affidavit has been sworn, much less initialled by the Commissioner, and in all cases, therefore, where after-alteration becomes necessary, the affidavit must be re-sworn. Whenever an affidavit is re-siDorn, the prior jurat must tiot be struck out, but it may be struck out and another added, stating it to be sworn {not re-sworn) as in the tirst instance. The Commissioner beiore whom the affidavit is last sworn initialling that one which is struck out. A note should be appended to the affidavit showing on whose behalf it is filed : Ilules of Supreme Court, 1883, Ord. 38, r. 10, and Ord. 66, r. 7 (k) thus: — This affidavit is filed on behalf of the plaintiff — or, defendant — or, petitioner — {or, respondent — or, A, B.— or, as the case may be. Exhibits must also be signed by the Commissioner, For the forms of Exhibits see post, tit. " Exhibits." 80 PRACTICAL FORMS. No. 63. When the deponent is a marksman, the following words should he added immediately after the date : — This affidavit — having been first read over^j by me, or, — in my presence — to the above- I named deponent A. B., who seemed per- ) fectly to understand the same, and who set Jiis^or — her — mark thereto in ray presence. J So if the deponent he blind or deaf and dumb, the Jurat miist be a special one, the following words being, in like manner, added after the date : — If made by a blind person — the above written affidavit having been first ^ truly, audibly, and distinctly read over by jjie — or, in my presence {as the fact may be) — to the above-named deponent, A. B., who is blind, and who declared he perfectly under- stood the same, and set his mark thereto — or, signed the same — in my presence. If made by a deaf or dumb person, — The above written affidavit having been first\ carefully read over by tlie above-named de- ponent, A. B. {q), who signified to me that he perfectly understood the same, and signed his name — or, set his mark thereto — in my presence. No. 64. So when the deponent is a foreigner, the following special jurat becomes necessary : — - the same [or, the contents of the above written affidavit] having been previously read over and explained to the above-named deponent A. B. in the national language, as the French [or, Italian or, o^/ter] language by {the interpreter adding his place of residence and addition), who was also first duly sworn to tlie true interpretation thereof [or, who was also first didy sworn truly to interpret the same. / The interpreter should have the following oath administered to him (fj) Sometimes these parties cannot read. In such cases, tlie jurat must be varied thus — the contents of the above written aflSdavit having first heen carefully and deliberately conveyed and explained by A. B., his usual attendant and guide, by means of motions and signs to the above-named deponent, who is deaf and dumb, and who signified that he perfectly understood the same, and set his mark thereto in my presence. / PRACTICAL FORMS. 81 before the deponent is sworn ; hut it may he done afterwards. If before : — You swear that you will truly interpret this affidavit to the deponent A. B. ; and that you will also truly interpret the oath to be taken by him. If sworn after the interpretation : — You swear that you have truly interpreted this affidavit to the deponent A. B., and that you have also truly interpreted the oath taken by him. PART IV.— AFFIRMATION (r). No. 1. In the, &c. {Title as in an Affidavit (s).) I, A. B., of {t), do solemnly and sincerely affirm as follows, that is to say : — I {state the facts which the affirmant affirms as in an affidavit) [affirmant) Affirmed [u) at , in the county {x) of , on the day of ,18- Filed on behalf of Before me, {Signature.) A Commissioner, &c. {or as the case may he, see Part III. Affidavits, No. 61.) PART v.— APPOINTMENT. No. 1. Of an A^'hitrator under the Lands Clauses Act, 1845 (y). Whereas I, the undersigned {the landowner), of, &c., Grocer, did, on or about the dav of , 18 — , receive a notice in writing from the Water Works {z) Company (copies of which notices are hereunto annexed), requiring certain lands therein men- tioned for the purposes of the said Water Works Company, as (r) This is the general form given by the Oaths Act, 1888, for use by any person objecting to be sworn, and stating as a ground of such objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief. (s) See the headings to the various affidavits throughout this collection. {t) Insert place of abode and addition. (m) The Commissioner, or other ofiBcer taking the affirmation should satisfy him- self of the sincerity of the objection to be sworn, but by s. 5 any person may require to be sworn in the Scottish manner with uplifted hand without question. {x) Or, — city. ly) See s. 25 of the Act (8 & 9 Vict. c. 18). (z) Or^ other company. G 82 PRACTICAL FORMS. to the sum of money to be paid to me for tlie purchase of the same and for the compensation for injury by severance and other the damage sustained [or to be sustained] by me by reason of the execu- tion of the works of the said Water Works Company ; And Whereas, by a notice in writing under my hand bearing even date herewith, and directed to the said company, containing the several particulars prescribed in that behalf in " The Lands Clauses Con- solidation Act, 1845," I have signified to the said company my desire to have the question of compensation in relation to the matters in the said notice contained, settled by arbitration. Now, therefore, in pursuance of the provisions of the said Lands Clauses Consolida- tion Act, 1845, I do hereby nominate and appoint CD., of, &c., surveyor, to be the arbitrator on my behalf, of and concerning the premises. As Witness my hand this day of , 18 — . [Signature.) No. 2. Of a Parliamentary Election Agent by Candidate (a). Election for the (h) of , 18—. I (candidate), of , a candidate at the present election to serve in parliament for the (&), hereby name and appoint Mr. , of , my agent for the above election. Dated the day of , 18—. {Signature of candidate.) No. 3. Of a Coroner (c). To ALL TO WHOM these presents may come. Know ye that, in pursuance of the power and authority in us vested. We, the [have nominated, constituted, and appointed and] by these presents do nomiuate, constitute, and appoint {the coroner), of, &c., to act as coroner to the said borough of (or county (a) Only one election agent can be appointed for each candidate, but the election a^ent may appoint sub-agents for polling districts, a declaration in writing of their names and addresses being given by him to the returning officer one clear day before the polling : see ss. 24 (1), (2), (4), 25 (1), (2), (?.), 26 (1) of the Corrupt and lUe'^al Practices Act, 1883. It is better that the above appointment should be in wririntf. For the form of declaration of this appointment to be given to the return- in^f oflfcer, see post, title "declaration." There can be no payment to an election agrat employed at a municipal election, see s. !."> (1) of 47 & 48 Vict. c. 70. °{b) county — or, borough— or, division of the county— o?-, borough. (c) The appointment of Coroners is now vested — A. in boroughs having a separate Court of Quarter Sessions, in the Council of the borough, see Municipal Corporation Act, 1882, s. 171. B. In counties, in the County Council, see Local Government Act, 1888, Under the Stamp Act, 1891, a 10s. stamp only seems required. 8. t). PRACTICAL FORMS. 83 of) B. ; AND, as far as in us lies, do likewise give and grant him full power and authority to take tlie inquisition and inquisitions of the deaths, whenever they may Itappeu, of all or any person or persons who shall come to any sudden or unnatural death or de'aths within the said borough (or county) ; And also to do, perform, and execute all other acts, matters, and things whatsoever, pertain- ing to the said office of coroner for the said borough (or county) aforesaid, according and conformable to the Coroners Act, 1887, and to the Acts of Parliament now in force and [which hereafter, during his said office, shall be in force] relating thereto as is required and ought to be done, executed, and performed in all things according to the true intent and meaning thereof; And also to take and receive all lawful fees and allowances whatsoever to become due and pay able for or in respect of the execution of the said office of coroner. Given under our seal this day of , 18 — . {The seal of the Council.) No. 4. Of a Steward (d). Know all men by these presents, That I (the constituent), of, &c., esquire, lord of the manor [or reputed manor, lordship, or royalty] of VV., in the county of D., Do hereby nominate, constitute and appoint {the steward) of, &c., gentlemen, to be the steward of all my manors [or reputed manors, lordships, and royalties] of C, B., and D., situate at, &c., and of all other my manors, lordships, and royalties in the county of K., or elsewhere; And I do hereby give and grant unto the said {steward) [the office of steward of the said manors, lordships, or royalties, with] full power and authority to hold all such manorial and other courts as usually and customarily have been, and of right ought to be, holden within the said manors, lordships, of royalties, or either of them, And also to take and receive to and for my (e) use and benefit all fees, profits, and perquisites whatsoever thereto rightfully belonging, or dulv arising therefrom respectively ; And also for me, in my name, and for my use, to ask, demand, levy, sue for, recover, and receive all the customary and other rents, fines, heriots, and amerciaments whatsoever rightfully issuing out or payable in respect of the lands and hereditaments of and belonging to the said manors, lordships, or royalties and incident thereto ; And ALL goods, waifs, estrays, deodands, privileges, issues, and profits whatsoever rightfully arising, happening, or accruing within the said manors, lordships, or royalties respectively ; And also to do, perform, and execute all such otlier matters and things as any ways relate to or concern the said office of steward of the said manors, lordships, and royalties respectively : {d) Under the Stamp Act, 1891, a 10s. stamp only seems required, (e) Oi\ " for his own use and benefit." 84 PRACTICAL FORMS. To HAVE, hold, use, exercise, and enjoy the said office of steward of the said manors, lordships, or royalties, unto the said {steward) [by himself or his lawful deputy or deputies in that behalf], from the day of the date hereof, during my will and pleasure, but no longer : In witness whereof, I have hereunto set my hand and seal this day of , 18 — . Signed by the above-named {constituent) in the presence of me of , in the county of , clerk, on the day and year above written. {Signature of ivitness.) {Signature.) (L. s.) No. 5. Of a Gamekeejyer {/). Know all men by these presents. That I {the princiiml), of, &c., esquire, lord of the manor [lordship and royalty] of D.. in the county of W.jDo hereby nominate, constitute, and appoint {the gamekeeper), of M. aforesaid gamekeeper, to be, during my will and pleasure, the [head] gamekeeper of, in and upon, All my manors [reputed manors, lordships, and royalties] of {naming them) {g), with all the franchises, liberties, rights, members, and appurtenances thereto [respectively] belonging ; And for me, and for my use, to keep and preserve all the winged game and wild fowl, and the nests and eggs thereof, and all other game and conies, which for the time being [and from time to time] mav be, or be found in or upon my said manors [or reputed manors, lordships, or royalties] or any, or either of them, or any part thereof respnctively {h) ; And also, from time to time to take and kill {i) the same for my sole use and [immediate] benefit {h), under my orders and directions ; And I do also give and grant unto the said {gamekeeper), as such my gamekeeper as aforesaid, full power and authority fur me, and in my name, to take and seize, for my use, all greyhounds, setters, lurchers, sporting, and other dogs, ferrets, guns, bows, trammels, haves, nets, wires, harepipes, snares, or other animals and engines, implements, and devices whatsoever found in (/) Stamp 10s. This document must be filed in the office of the Clerk of the Peace for the county in which the manor is situate, 1 & 2 Wm. iv. c. 32, s. I'i. (v) Or, it the npiMiiiitnierit be of/r, indenture — was first read over, and he made his ( mark thereto in the presence of, &c. If by an attorney, say — by the within-named (yj/<«Ci/j«/), by A. B., his attorney j lawfully constituted [and thereto duly authorized], for, and in the name of the said > (^jWjicjpa?) in the presence of . . . . . . . . . .) Or, — by the within-named (principal), by C. D., as his attorney thereunto law-j fully authorized by virtue of the letter — or, power of attorney within recited — (/',[ hereunto annexed— bearing date, &c., in the presence of . . . .- ) Or, — by the within-named (atforneu) for, and in the respective names, and onj behalf, and as the several acts and deeds of the within-named (yir/«tv};(//s) thereunto > lawfully authorized, &c. (as above) ......... I If by a person executing for himself and others, say 'bj(the atiornejj), on his own! behalf, and in the respective names and on behalf, and as the several acts and deeds > of the within-named {principoh). as their attorney, by virtue, &c. (as abure) . .] In c ise of alterations, say — by the within-named A. B., in the presence of (the name "William," and words — "sum of" "hundred pounds" — and "covenant with" — in the tenth, twentieth, and thirtieth lines of the first (or other) skin — uj-. first (or other) side ot this sheet of paper — having been first written on erasures) . Or, — (the words — " free from all incumbrances," — in the second (or other) skin --"l or, second (or other) side of this sheet of paper, having been first obliterated) . ./ Or, — the words — "George Joseph," between the tenth and eleventh lines, — "threel shillings and six pence " between the sixteenth and seventeenth lines of the first skin — or, side of this sheet of paper — and "fifty pounds" between the ninth and tenth lines — and " his heirs and assigns" — between the twenty-first and twenty-second i lines of the second (or other) skin — or, second (m- other side of this sheet of paper — having been first interlined ) II 98 PRACTICAL FORMS. No. 2. For Wills (h). Signed and acknowledged by the above-named (testator) as and' for his last will (i) [and testament] in the presence of us both, present at the same time (Jc), who in his presence [and at his, request] and in the presence of each other, have hereunto subscribed our names as witnesses, (Ttvo ivitnesses) {I).' Or, — If the testator is blind or illiterate : — Signed by the saidi testator as his last will (the same having been first read over to, him in our presence), with his mark, in the presence of us, &c. I Or, — If another -person (m) signs for the testator: — Signed j by , with the name of the said testator as his last will in his[ presence, and by his direction, in the presence of us, &c. i Or, — If there have heen interlineations or alterations or erasures,-^ which have not heen initialled hy the testator and the attesting ivitnesses, add : — The interlineation between the and lines of the P^ge, and the alterations in the • line off the page, and the erasure on the line of the page, having been previously made. No. 3. For Attested copies {ii). We have [carefully] examined and compared this and the foregoing sheets with the original deed (o) and attest it to be a true copy thereof. Dated this day of , 18 — . p" -pv' > Clerks {address). (Ji) No attestation clause is absolutely necessary, but unless grave reasons prevent it, it is well to follow the form established by use, so as to record the fact that the signature was made, or acknowledged, by the testator in the presence of the witnesses, both being present at the same time, and that tiiey subscribed their names in his presence. (i) Or, — as a codicil to his last will. (k) Or, — in the joint presence of us who, &c. (l) The addresses and occupatitJiis (if any) of the witnesses should be added for the purpose of facilitating the proof of the will. (7«) Ttie arnauueusis may be ono of the attesting witnesses. (n) As to the seal of the central oflice of the High Court of Justice being suf- ficient authentication of all copies issued from that office, see Rules of Supreme Court, 1883, Orel. 61, r. 7. It is n't usual but very proper that persons attesting the accuracy of copies of deeds or d'cuments, should sign each sheet for the purpose of identity and of pre- venting substitution, instances of whicli have occurred, and which, without this preeiiutioo, can be easily (fifected by merely attaching the lust sheet, containing the atte taiiori, to a ditlerent copy. (f) Or, — will — or, probate — {or otlicr document). PBACTICAL FORMS. 99 Or, — This and the preceding sheets contain a true copy of the original deed {p), the same having been [carefully] examined and compared therewith, this day of , 18 — , by us. {Signatures as above.) Or, — This and the preceding sheets having been this day [carefully] examined and compared with the original deed (p) by us, we hereby attest the same to be a true and correct copy thereof. {Signatures as above.) PART X.— ATTORNMENTS {q). No. 1. To Mr. (the imrchaser) (r). I (s), the undersigned (the tenant), of , Grocer, Do hereby (t) in pursuance of the authority and at the request (u) of Mr. (the landlord), my landlord {x), attorn and become tenant {y) to you, the above-named (jmrchaser) from this day (z), at the yearly rent (a) of pounds {h), of the dwelling-house, with the outbuildings, garden, land, and appurtenances which I (c) now [occupy and] rent of the said {landlord), situate at, &c., And I {d) have this day paid you the sum of (e) [on account and] in part of the said rent (/) henceforth to become due for or in respect of the said (p) Or, — will — or, probate — (or other document). {q) A mere memorandum of attoroment not creating any new tenancy or fresh ■term, but simply substituting one landlord for another, does not require a stami) either as a lease or as an agreement : see Doc v. Linsey v. Edivards, 5 A. & E. 95' where the form of attornment is set out. For forms of attornment to a receiver or to sequestrators, see Daniell's Chancery Forms, 4th Ed., Nos. 1038 and 1694. (r) Or, — mortgagee — or other party. (s) Or, if several tenants attorn — We whose respective names are hereunder written. (t) if several tenants, add — severally and respectively. (m) Or, — with the privity and consent of (landlord) my landlord, testified by his signing his name in the margin thereof. And, then, in tlie margin the landlord will sign Ins name alter words, such as "I consent to these attornments." (cc) Or, if preferred, his addition can be inserted here, as — of, &c., — Draper. (y) Or, — tenants. (z) Or, — from the day of last — or, next. (a) Or, if several rents — at the aggregate rent — or, several rents of pounds and pounds. (/*) It ilieie be any deductions, here add — subject to deduction of the land-tax and landlord's property tax. (c) (Jr, it seveial— we respectively — or, of the premises in our respective occupations mentioned in the schedule hereunto written, with the appurtenances as the same now are in our respective tenures or occupations, t hen atld a tchcuule divided into separate parts for ( acii separate tenancy, and shortly describe each tenancy, the rent pay- able, and description of the premises. (d) Or, — we severally. (c) Usually a ntiniinal sum — a shilling or two. (/) Or, — our respective rents. 100 PRACTICAL FORMS. premises {cj) ; And I undertake to pay to the said {])urcliaser), or his authorized agent, the said rent half-yearly Qi) as the same shall become due during my tenancy. Witness my hand {i) this day of , 18 — . Witness. . {Signature.) No. 2. To Tenants to Attorn. To Mr. {the tenant). I, the undersigned {the landlord) (k) hereby authorize and request you {I), the above-named , forthwith to attorn and become tenant to {the imrchaser) {m) of All that the dwelling-house, with the outbuildings, garden, lands and appurtenances {n), which you rent of me (o), situate at, &c. : {p) And I further authorize and request you {I) to pay unto the said {purchaser), (m) his lieirs, executors, administrators, or assigns, all such rent as now is and hereafter shall become due from you {q) for or in respect of the said premises ; and for so doing this shall be to you {I) a sufficient warrant and authority. Witness my hand (r) this day of , 18 — . Witness. {Signature.) (g) If retrospective or prospective, omit the word " henceforth," and here add — from the day of , last — or, next. (A) Oi; — quarterly — 07\ till such rent as is now due, and which shall henceforth become due from me — or, us respectively — so long as I — or, we respectively hold the said premises — when and as the same shall — respectively become due as aforesaid. (^■) Or, — Dated, &c. (k) Or, — steward and agent for and on behalf of the (landlord) of, &c., Grocer. (J) Or, if more than one — you and each of you. (m) Or, — mortgagee — as a yearly tenant (see o^ext note). (t?) Or, — All that close — or, piece — of pasture land called " — — " situate, &c. — nr, All those — several closes of arable and pasture land situate, &c. (Here descrihe the ■property no tliat it mir/ht he clearli/ identified) which you rent of me — or, of the said {landlord) and now in your occupation — or, if several — respective occupations — or, if underlet — in the occupation of {the under-tenant.) as a yearly tenant — or, il several tenants — as yearly tenants respectively — or, if held by a lease — under \_or, by virtue of] an indenture of lease, bearing date, &c., and — if granted by a previous owner — made between, &c. (n) If the attornment l)e made to a mortgagee, here may be added — and now in mortgage to the said (mortgagee) — but this is not material. (p) Jf tlie situation be known byname, here add it, for the sake of identity, as — situate in the parish of D., and at a place there commonly called or known by the name of " " (q) If it is to include past or current nmt, omit the word "hereafter," and here add — from the day of last — or, next^if future rent. (r) Or, — dated, &c. PRACTICAL FORMS. 101 No. 3. A Concise Form (s). I (t), the undersigned {tenant), of , Grocer, the tenant in possession of All that dwelling-house, with the outbuilding, garden, iind appurtenances thereto belonging ; and also of all those several closes or parcels of land [called " ," and *' "] situate, &c., and mentioned in the above {u) written authority. Do hereby, by virtue of such authority, attorn and become tenant to Mr. (the new landlord) {x) of the said premises (?/), from the date hereof (2), at the yearly rent of pounds, payable half-yearly : And I have now paid him , in part of such rent. Dated this day of 18—. ^^'ITNESS. {Signature.) PAKT XL— AUTHORITIES. No. 1. To the Paymaster-Geneval to Pay Dividends {a). To The Assistant Paymaster-General, Eoyal Courts of Justice, London. Be pleased to remit by post to me at the address given below, the Interest on pounds, per cent. Consolidated Bank Annui- ties {h), in the action, 18 — , No. , " A. v. B.," on the separate account of the Plaintiff, D. S., as the same from time to time accrues due. {Name and address of the principal.) {Certificate of life of payee.) (c) I, , of the Parish of K., in the County of B., do hereby certify, (s) If the attornment be made in ejectment against the former landlord, state tlie Court and title of the cause at the commencement {e.fj., 18 — No. . In the High Court of .Tustice, Queen's Bench Division. Between, &c.), and instead •>! descriljin.: tliu [Toperty, say — the premises in respect of which this action has heen brought, situate, &e. (tis abort'). (0 Or,— -we. (u) Or, if indorsed, — withiu written — or, if annexed, the annexed. (as) Or, if in a cause, — the plaintiff in this cause. iy) Or, — such parts of the said premises as are now in my occupation — or, if not a tenant say — in my possession. (z) Or, — from the day of , last — or, next. (a) Payment may be made by post ot a principal sum not exceeding £1000 to any person having a banking account, and not exceeding £500 to any person not having a banking account and of the dividends on a sum in Court. Supreme Court of Judicature (Funds) Act, 1883, S.C. Funds Rules, 1894, r. 48. (b) Or, whatever the name of the stock may be, writing it out in words at length. (c) To be made by a justice of the peace, commissioner of oaths, clerk in holy orders, or notary public. S.C. Funds Pailes, 1894, r. 95. 102 PRACTICAL FORMS. That the above-named (the principal) was living on the day of (d), 18—. Of the parish of , in the county of . i"NO. Z. For making an Application for payment of Money out of the Chancery Pay Office. To Mr. {the solicitor), Solicitor, of, &c. I, the undersigned {the client), of, &c., Grocer, hereby authorize and request you to make (e), on my behalf, such application to the Chancery Division of the High Court of Justice as you may think proper or be advised for the payment out of Court, for my benefit (/), of the sum of pounds, part of a sum of pounds paid into Court by {the trustees) of, &c. {g), as trustees for me under a Deed of Trust {h) dated the day of , 18 — , and made between {the settlor) of the one part, and the said {trustees) of the other part. Witness, {The client's signature.) CD. Solicitor, of, &e. No. 3. To Sell Property {i). To 31 R. {the auctioneer), of, ^c. Auctioneer {h). I, the undersigned {oivner), of, &c.. Draper, hereby authorize and request you to sell absolutely, by public auction, or by private con- tract (Z), either together or in lots, and with or without special con- ditions, as you may consider most advantageous or be advised, and for the best price or prices that can be obtained or you may consider reasonable {m). All that my Freehold Dwelling-house, with the Outbuildings, Garden, Paddock, and appurtenances tliereto belong- (d) That is after the 6th of January or (ith of July. (e) If on behalf of several persons, here say — on behalf of myself and (the other 'parties, naming them). (/) Or, if several— for the benefit of them and myself — or, of us respectively. {g) Here insert the same names and descriptions as those in which the fund stands. (/i) Or, if a will — as executors of the will of (the testator), bearing date, &c. (i) No written authority is absolutely necessary to give an auctioneer the power to act within the scope of his agency, but it is advisable to instruct him in writing and in the case of a corporation being the principal the authority should be under seal. (Ic) Or, — Broker. (l) Or, if given to a Broker, instead of the last six words, substitute — publicly or privately. da) If so intended, here add — but subject in all respects to my approval. PRACTICAL FOUMS. 103 inf^, situate, &;c., and now in the occupation of A. B. (m) ; And also all the Fixtures and Fitting's therein and thereto. And I hereby undertake (o) not to repudiate or revoke this autho- rity hereby given, or any sale or sales eifected by you in pursuance thereof, but to confirm the same respectively [in all respects {p)\ And I also undertake that I and all other necessary parties shall concur in, and execute and confirm all such sales and contracts so to be made by you as aforesaid, and do all such other acts and things as may be requisite and proper {q) for performing and completing the same, and for eifectually conveying (r) the said premises to the purchaser or respective purchasers thereof. And as to the moneys to arise from or by such sale or sales as aforesaid, I further authorize and request you, in the first place to pay thereout all [losses, damages], costs, and expenses whatsoever of, and attending the execution of this authority, or in relation thereto, and also in perfecting the title to, and the conveyance of the said premises, if sold, or in relation thereto ; And, in the next place, to pay (s) all such sum or sums of money as shall then be justly due from me to you {t) ; And in the last place, to pay the residue, if any, of such moneys, unto me, my executors, administrators, or assigns. Dated this day of , 18 — . Witness, {Signature.) (n) Or, if copyhold or leasehold, here add — and now held by me by virtue of a copy of Court Roll — or, if a lease — [dated, &c.] during the lives of (^numiiig them) — or, for the term of years now determinable with the lives of (naming them), now respec- tively aged [about] and ■ years. All my live and dead farming stock, crops, and effects upon the farm— or, dairy — called the " Farm"- — or, " dairy" — situate at, &c., and now in my own occupation — or, the occupation of C. D. Or, All my stock-in-trade, household furniture, goods, chattels, and effects, what- soever in my dwelling-house, outbuildings [workshops], and upon the premises now — or, late — in my occupation, situate at, &c. (o) If the word "agree'' be used here, the document must have a 6d. stamp as an agreement. In any case it is better to stamp it. The authority is sometimes given by way of power of attorney, in which case it must be signed, sealed, &c., and stamped accordingly. (p) Or, — all such other acts and things as you may legally do by virtue hereof. (2) Ov,— legal and reasonable. (r) Or, — surrendering — ur, assigning. (s) If the sale be for the benefit of creditors generally, here insert — the residue of such moneys unto and between all and every the creditors who, within one calendar month {or otJier period) next after the receipt thereof, will consent to accept the same rateably and proportionably according to the amount of their respective debts or claims and in full satisfaction thereof. (t) Or, — to Mr. A. B., of, &o., Draper. 104 PRACTICAL FORMS. No. 4. A Short Form to Sell' Goods {y). To ]\[k. {the auctioneer). {Place.) {Address.) {Date.) SiK, I HEREBY aiitliorize you to sell for me by auction the several lots of my property specified in the annexed list (2), and to receive the price thereof (a). {Signature of i^rincipal.) No, 5. To Km Hares (b). I {the jiroprietor), of, kc, Esquire [in pursuance of an Act of Parliament made and passed in the Eleventh and Twelfth years of the Eeign of her present Majesty Queen Victoria, intituled " An Act ro enable persons having a right to kill hares in England and Wales to do so themselves, or persons authorized by them, without being required to take out a game certificate (c). Do authorize {the deputy) (y) On sales of goods the auctioneer has generally in practice full authority, but on sales of estates the auctioneer's agency is frequently restricted so as to be conducted under the direction of a solicitor. (2) Add list of goods divided into lots, or as considered convenient. («) Or,^at the prices respectively marked against them and to receive a deposit not exceeding per cent, on the price. (b) By the Hare Act (11 & 12 Vict. c. 29) any person in the actual occupation of any inclosed land, — or any owner thereof having the right of killing game thereon, — or any person directed or authorized by him, in writing, according to the above form prescribed by the Act, or to the like effect, may " take, kill, or destroy any hare theit being in or upon any such inclosed lands, without payment of duty and without obtaining an annual game certificate (now an excise licence to kill game). The word "then " seems to limit the authority to the hares existing on the lands at the time the authority is given, and not to future comers, but this must be an oversight. The authority is to be limited to one person " at one and the same time '' in each parish ; and the original authority must be presented for registration to the clerk to the magistrates, acting for the petty-sessional division within which the lands are situate, who will then make a copy of it and return the original to the party entitled indorsed with a note of the registration. The authority then continues in force till after the first day of February in the year following, unless previously revoked ; in which case notice of the revocation must be given to such clerk, and the register is to be evidence both of the ai)pointmeut and revocation. The Ground Game Act, 1H80 {id &; i-i Vict. c. 47), contains no repeal of the Hare Act, but s. 4 dispenses with the necessity for a game licence in the case of the occu- pier and the persons duly authorized by him, but this does not exempt any person from the provisions of the Gun Licence Act, 1870. (c) Stamp lOs. PRACTICAL FOEMS./-S-' -C AjU5 ■V of, &c., Gentleman, to kill Hares on my lan(Js^(<:?) within the Ptyash (e) of W. in the County of S. (/). Dated this day of. , 18 — . Witness, ' X'-" (Sigtmtuf^ No. 6. "-;j^^- - • To Pay Mortgage or Purchase-money to a Tliira Party (g). To Messrs. {the mortgagor'' s (h) solicitors), of, &c.. Solicitors. We, the undersijzned, as solicitors for and on behalf of {tJie mort- gagee) (i), of, &c.. Esquire, hereby authorize and request you to pay to Messrs. A. B. & Co., Bankers, Lombard Street, London (k), to his credit (I) with IMessrs. C. D. & Co., Bankers at D., Berks, the Sum of pounds, being the amount (m) advanced by him (n), on mortgage of the estate called "the Grange," situate at D. afore- said : And for so doing this shall be to you a sufficient authority. (Date.) (Signature.) (Address.) No. 7. To Receive Purchase or other Moneys (o). (A shorter Form.) To Mr. (the 'purchaser), of, &c.. Gentleman (p). (Tlie vendor) to (the agent). I (q) hereby authorize and request you to pay to Mr. (the party to (d) Or, — my manor of D. in the parish of, &c. (as above) — or, farm — or, lands belonging to me and now in the occupation of {the tenant) — or, as the case raaij be. Or, — lands occupied by me, situate, &c. (a.s above) — or, the lands occupied by me within, &c. (e) Or, township — or, tithing. (/) The name of the manor, I'arui, parish, or place should be correctly stated here. (g) Such an authority as this is not usual now as under the Conveyancing and Law of Property Act, 1881, payment can be safely made without it to a soUcitoi' producing the deed, having " in the body thereof, or indorsed thereon, a receipt for the consideration money " (s. 56), this section having been made applicable to the case of trustees for sale who are vendors by the Trustee Act, 1888 ; repealed, but re-enacted by the Trustee Act, 1893, s. 17. When payment is to be made to or through other persons, it is still as requisite as ever to be prepared with it. If it is desired to bar the statutory authority, notice should be sent to the solicitor of the party by whom the consideration money is payable. (Ji) Or,- — purchaser's. ii) Or, — vendor. fJc) Or, — to Mr. J. M., our agent — or, clerk. Or, — to the credit of Messrs. (the trustees), as trustees under the will of T. W., ised — or, of the marriage settlement of Mr. and Mrs. Jones, with, &c. (W) Or, — balance. (ri) Or, — purchase money for his estate, called, &c. (as above, shortly describing the property so as to identify it). (o) See note to previous form. (p) Or, — To Messrs, A. B, &. Co. (as the case may be). (?) Or.— We. 1^6 PRACTICAL FORMS. receive if), of, &c., Gentleman (r), the purchase (s) money expressed to be paid by you to me by a Deed of Conveyance {t) of this date, and also all interest (w) that may be payable to me thereon [or in respect thereof]. Dated this day of , 18—. {The vendor.) No. 8. To Pay Insurance Money to a Mortgagee. We, The Company, Limited, hereby consent to your autho- rizing The Assurance Society to pay to {the Mortgagee), of, &c., Grocer, the sum of pounds, now payable by that Society, by reason of the death of A. B., whose life was assured for that sum by the said Society by a Policy No. ; together with all and every the sum or sums of money which may be payable, by way of bonus, on or by virtue of such Policy. Dated this ■ — — day of , IS—. A. B.,; C. D., ' Directors. E. r. No. 9. To Pay the Amount due on a Life Policy to a Purchaser, I, A. B., of, &c.. Grocer, the Administrator of the Estate and Effects of E. B., late of, &c., Widow {x), deceased, [formerly E. R., spinster,] the person whose life was assured, by a Policy on her life, for the sum of pounds, by The Life Assurance Society,— Do hereby authorize [and request] you to pay to E. W., of, &c., Draper, as the purchaser (?/) of the said Policy, the said sum {z) ^f pounds, now payable by reason of the death of the said E. B. (a), together with all and every the sum or sums of money which may be payable, by way of bonus or otherwise, upon or by virtue of the said policy ; And his receipt shall be your discharge lor the same. Dated this day of , 18—. {Signat^ire.) (r) Or, — To Messrs. C. D. & Co., my solicitors. (fi) Or, — mortgage (or o(hcr) moneys. (0 ^''j — mortgage — or, bill of sale (or other document). (u) Or, — if so, — any other moneys (or specific sum). (x) Or, — spinster. (y) Or,— as mortgagee — or, assignee — or, trustee. (2) Or, — the sum of pounds, part of the said sum. (a) O/,— of her death. PRACTICAL FORMS. 107 No. 10. To Bankers to Pay Dividends to an Agent. To The N. P. Banking Company, and to Mr. A. B., the Manager of their Branch Bank at , in the County of . I, the undersigned (jjrineijjal) , of, &c., Grocer, the Owner, as Trustee for C. D., of, &c.. Draper, of the sum of — — pounds 2 J per cent. Consols (&) [lately transferred into, and] now standing in ray name, as such Trustee, in the Books of the Governor and Com- pany of the Bank of England, — hereby authorize and request you to pay the Dividends henceforth to become payable upon or in respect of such Stock unto E. F. (c), of, &c.. Grocer, until you receive further directions from me respecting it ; And for so doing this shall be to you a sufBcient authority; And the receipts of the said E. F. (d) shall be effectual discharges for such Dividends. Dated this day , 18 — . Witness, (Signature.) No. 11. To a Trustee to Pay Part of Trust Moneys to the Bevei'sioner. To Me. {the trustee), of, &c.. Grocer (e). I, the undersigned (tenant for life), of, &c.. Draper, hereby authorize and request you to pay to [my son] A. B., of, &c.. Draper, the sum of pounds, sterling, out of a sum of pounds [2| per cent. Consols] (/) which you hold under a certain Deed of Declaration (g) of the Trusts thereof dated the day of last. In trust for payment of the interest thereof to me, during my life, and after my decease, the said principal sum of — — pounds (h) to him ; And [in consideration of your so doing] I hereby relinquish and forego all my right and interest in the said sum of pounds during my life. And for so paying the same to the said A. B. this shall [so far as the same respects myself] be to you a sufficient warrant or authority. Dated this day of , 18 — . (Signature.) (b) This must, of course, be varied according to the nature of the stock or fund. (c) If to be paid to a married woman here insert — the wife of W. F. (d) And here insert— notwithstanding her coverture. (e) If there be more than one trustee, here describe them separately as in the deed ■or will under which they act. (/) Here give an exact description of the stock or fund. (9) Or, — deed of settlement — or, will. (h) Or, — the produce of the said stock (or, as the case may he). 108 PRACTICAL FORMS. PAET XII.— BAIL. No. 1. (see also Part II., No. 11, supra). Affidavit of Service of a Judges Summo7isfor procuring Bail for a Prisoner. In the High Court of Justice. Queen's Bench Division. The Queen on the prosecution of (the in'osecutor) \ against | For murder. {the prisoner) ) I (the deponent), of, &c., solicitor for the above-named prisoner, make oath and say : — 1. That I did, on the day of , 18—, at the hour of of the clock in the noon, serve (the coroner) (i), one of the coroners (k) for the county of D., with a true copy of the summons hereunto annexed marked [with the letter] " A," by delivering the same (I) to, and leaving it with the said (the coroner) (i), personally at B. aforesaid ; and I, at the same time, showed him the original summons. 2. That I did, on the day of the said month before the hour of of the clock in the noon, serve (the prosecutor), the prosecutor named in the said summons, with another true copy of the said summons by delivering the same to, and leaving it with the said (prosecutor), personally at B. ; and that I, at the same time, showed him the said original summons. That I did, on the said day of ■, 18—, before the hour of of the clock in the noon, serve A. B., the mother (m), and next of kin of the infant child (n), mentioned in the coroner's inquisition in this prosecution, with another true copy of the said summons, by delivering the same to, and leaving it with the said A. B. personally, at B. aforesaid ; and that I, at the same time, showed to the said A. B. the said original summons. Sworn, &c. (as in Part II., No. 1). Filed, &c. (^■) Or, — justice. (fc) Or, — one of the justices of the peace for, &c. (0 Or, such true copy {in each paragraph). (m) Or, — father— y/', guardian. (n) Or, if so, — illegitimate child — or, children . PRACTICAL FORMS. 109 No. 2. Affidavit in Support of an Application for Bail, when refused hy a Coroner (o). In the, &c. {as in the preeedinp form). I {the deponent), of, &c., solicitor for the above-named prisoner, make oath and say : — 1. That I have examined the paper-writings hereunto annexed and marked [with the letters] " A " and " B," respectively, with and that the same are true copies of, the original depositions and inquisitions in the custody and possession of Mr. {the coroner), one oi Her Majesty's coroners for the county of D., taken against the above- named prisoner. 2. That after the coroner's jury had returned a verdict of wilful murder against the said prisoner, as appears by the said paper- writings, he was brought before two of Her Majesty's Justices of the Peace for the borough of B, aforesaid ; and that the said justices, after hearing all the evidence against him, and having fully inves- tigated the case, refused to commit him, the said prisoner, for trial for murder, they not considering there was sufficient evidence to warrant them in so doing. 3. That it appears by the coroner's notes in the margin of the said copies of the depositions, that he did not agree with the said verdict of the jury on the inquest taken before him, as he therein states he had no alternative but to issue his warrant for the commitment of the prisoner. 4. That I am prepared to find good and substantial bail for the appearance of the said prisoner, whenever he may be called upon to answer the said charge or any similar charge against him {p). Sworn, &c. {as in Part II., No. 1). Filed, &c. (o) Sometimes persons charged with murder are found guilty on the coroner's inquest and bail is refused, but are not deemed so by the justices, and therefore they refuse to commit. In such cases, as well as others, application should be made to a judge, who seldom refuses it, except in very serious matters. For the purpose of these applications this kind of affidavit, with an additional affidavit by third persons as to facts, or at least as to character, varying, of course, according to the circum- stances of each case, must be sent with an official copy of the depositions taken upon each hearing, to the London agent, who will then issue the summons mentioned in the previous form. {p) If it should be tlie fact, liere add — 5, That neither the coroner, nor the persons ■bound over to prosecute, will offer any opposition to this application. 110 PRACTICAL FORMS. PAET XIII.— BANKKUPTCY {q). No. 1. Affidavit of Service of Bankruptcy Notice (r). In the High Court of Justice. In Bankruptcy. No. of 188 — . Be {debtor). Ex parte {creditor). In the matter of a bankruptcy notice, issued at the instance of — — ■ against on the day of , 189 — . I, L. M., of , make oath and say : — 1. That I did, on the day of , 18 — , serve the above- mentioned A. B. with a copy of the above-mentioned notice, duly sealed with the seal of the Court, by delivering the same personally to the said A. B. at before the hour of — — in the noon. 2. A sealed copy of the said notice, marked A, is hereunto annexed. Sworn, &c. {as in Part II., No. 1). {Signature.) No. 2. Affidavit of Truth of Statements in Petition in Banhruptcy {s). In the, &c. {as in the 'preceding form) {t). Be {debtor). Ex parte {creditor). I, the petitioner, named in the petition hereunto annexed, make oath and say : — 1. That the several statements in the said petition are within my own knowledge true {u). Sworn, &c. {as in Part II., No. 1). {Signature.) {q) For various forms ia bankruptcy falling under the heads of " notices," decla- rations, &c., see those titles. (r) Stamp 2s. See No. 7 of Bankruptcy Forms, 1886. For the form of bank- ruptcy notice, see post, title " Notices." For the form of affidavit on application to set aside the bankruptcy notice, see No. 8 of Bankruptcy Forms, 1886. (s) See No. 12 of the Bankruptcy Forms, 1886. Stamp 2s. {t) Omitting the words, " In the matter," &c. (m) If the petitioner cannot depose tiiat the truth of all the several statements in the petition is within his own knowledge, he must set forth the statements, the truth ot wiiich he can depose to, and file a further affidavit or allirmatiou by some person or persons who can depose to the truth of the remaining statements. PRACTfCAL FORMS. Ill No. 3. Another Form (y). In the, &c. (as above) (w). We, C. D., E. F., G, H., (^c, tke petitioners named in the petition hereunto annexed, severally make oath and say : — And first I, the said C. 1)., for myself say : — 1. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition, and that I do not hold any security for the said sum as stated in paragraph of the said petition. 2. That the said A. B. committed the act of bankruptcy stated to have been committed by him in the said before-mentioned petition. 3. That has for the greater part of the past six months resided (or carried on business) at within the district of this Court. And I, the said E. F., for myself say : — 4. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition, and that I do not hold any security for the said sum as stated in paragraph of the said petition. And I, the said G. H., for myself say : — 5. That A. B. is, &c. C. D. E. F. Sworn by the deponents, C. D., E. F., G. H. and G. H., &c. {as in Fart II., No. 1). No. 4. Affidavit of Service of Bankruptaj Petition (oj). In the High Court of Justice {y). In Bankruptcy. No. of 188 — . Ee {debtor). Ex parte {creditor). In the matter of a petition dated , I, L. M., of , make oath and say : — 1. That I did, on the Hay of , 18 — , serve the above- mentioned A. B. with a copy of the above-mentioned petition, duly sealed with tlie seal of the Court, by delivering the same personally to the said A. B. {z) at before the hour of in the noon. {v) See No 13 of the Bankruptcy Forms, 1886, Stamp 2s. (w) Omitting the words, " In the matter," &c. (x) See No. 15 of Bankruptcy Forms, 188^. (2/) ^'') — 111 t^e County Court of holden at (2) See Bankruptcy Kules, 1883, No. 141. 112 PRACTICAL FORMS. 2. A sealed copy of the said petition is hereunto annexed. Sworn, &c. {as in Part II., No. 1). (Signature.) Bailiff (y). No. 5. Affidavit verifying the Debt (z). In the, &c. (as in the preceding form) (a). I (the creditor), of, &c., Grocer, (b) make oath and say as follows : — 1. That the said (hanJcrupt) was, at the date of the receiving order, viz. the day of , 189 — , and still is justly and truly indebted to me (c) in the sum of pounds for goods sold and delivered (d) by me to him, and at his request [within six years last past] as shown by the account endorsed hereon (or by the fol- lowing account, viz.). For which sum, or any part thereof, I say I have not, nor hath any person by my order, or to my knowledge or belief for my use, had or received any manner of security or satis- faction whatsoever, save and except the following bill of exchange (e). Sworn, &c. (as in Fart II., No. 1). (The deponent.) Annex Particulars of Account. Date. Consideration. Amount. Remarks. £ s. d. {y) Or, — creditor — or, solicitor — or, clerk, or, as the case may be, see Bankruptcj' Rules, 1883, No. 145. (z) Stamp, Is. This is the form required by No. 219 of the Bankruptcy Rules, 1886, see form 72, and see Bankruptcy Act, 1883, the second schedule, rr. 1 to 21. An almost identical form is issued for use under the Companies (Winding-up) Acts, No. 66. (a) Omitting the words " In the matter of," &c. (h) Or, — if made by an arjent or clerk, say : — I {the deponent), of, &c., agent {or clerk) to A. B., of, &c., Grocer. If the affidavit be made by an agent of a company, say : — 1. I {the deponent), of, &c., secretary — or, manager — (or other officer) of " The Company" {stating the correct title of the corporation or company), make oath and say : — 2. That I am duly authorized, under the seal of the said company, to make this proof on its behalf. ;;. That the said {dvhtnr) was, &c., justly and truly indebted to the said company, &c. {down to the end of the above form, mutatis muta'idls). (c) Ami, if sn, A. B., my co-partner — or, A. B. and C. 0., my co-partners —in trade, {d) Or. — for money lent and advanced to — or, paid, laid out, and expended for — or, for work and labour and materials found and provided for him, &c. — or, as th<'- case may l)C. For licbts piuvable in haiiki"ui)icy, see 13 uiki'uptcy Act, I88.'5, s. 37. (e) If the affidavit be made by a cl-rk or agent, here .adi— That I am a person in the employ of C. D. — or. Messieurs A. B. and Company, — and that I am duly authorized by him— o/-, them — to make this affidavit ; And that it is within my own knowledge that the aforesaid debt was incurred and for the consideration above stated ; aud that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. PRACTICAL FORMS. Particulars of Security. 113 Date. 18th May, 1882. Drawer. Acceptor. A.B. CD. .Vmount. Date when due £ 100 10 d. 6 21st July, 18S2. Admitted to vote for £ the day of , 189- of Official receiver or trustee. Admitted to rank for dividend for £ : : this day -, 189—. Official receiver or trustee. The proof cannot be admitted for votinf^ at the first meeting unless it is properly completed and lodged with the Official Eeceiver before the time named in the notice convening such meeting. No. 6. The Same hy a Surety [/). In the, &c. {see preceding form). I (the surety), (g) of, &c.. Baker, make oath and say as follows : — 1. That on or about the day of , last past, and before the filing of the petition herein against the above-named {debtor), I, as surety for him [the said {debtor),'] joined with him (A) in a (i) joint and several promissory note {h) for the payment [of the sum] of pounds (l) to one {the payee) payable at months (;») after the date thereof. 2. That, on the day of , last past, and after the filing of the said petition, I paid unto the said {payee) the said sum of pounds {n), in satisfaction and discharge of the said promissory note (o). 3. That for the said sum of pounds so paid as aforesaid, or any part thereof, I, as such surety as aforesaid, have not, nor hath any person by my order, or, to my knowledge and belief, for my use, received any security or satisfaction whatsoever, save and except the said promissory note {p). Sworn, &c. {as in Part II., No. 1). (The deponent.) if) Stamp, Is. (g) Or, — clerk — or, agent to {the surety). (/i) Or, — with, one A. B. (according to the fact). (^) If more tbau one bill, here state the number, as— in two — three — {or more). {k) Or, — notes. (l) Or, — several sums of pounds and pounds, &c., it" more than two. {rn) Or, — one thereof being payable months, and the other months after the date — or, respective dates — thereof. (?i) The sum sworn to as the debt. (o) Or, — several promissory notes : and {'/so) the interest due thereon. Op) Or, — several promissory notes. 114 PRACTICAL FORMS. No. 7. Proof of Debt of Workmen [q). (Title.) Ee No. of 188—. - of , the above-named debtor [or the foreman of the above-named debtor (or) on behalf of the workmen and others employed by the above-named debtor] make oath and say : — 1. That I [or the said ] was at the date of the receiving; order, viz. : the day of ■ -, 188 — , and still justly and truly indebted to the several persons whose names, addresses, and de- scriptions appear in the schedule hereunder written [or hereunto annexed] in the sums severally set against their names in the fifth column of such schedule for wages due to them respectively as workmen or others in my employ [or the employ of the above- mentioned debtor] in respect of services rendered by them respec- tively to me [or to the above-mentioned debtor] during four months before the date of the receiving order, for which sums or any part thereof, I say that they have not nor hath any of them had or received any manner of satisfaction or security whatsoever. Schedule above referred to. No. Full name of workman. Address. Description. Amount due. I Note. Affix in this column a shilling bank- ruptcy stamp. Sworn, <&c. (as in Part II., No. 1). No. 8. Jn the Tliyh Court of Justice. (See Bankruptcy Form 46.) In Bankruptcy. Re No. of 189—. N.B. — You are required to fill up carefully and accnrutely this sheet, and the several sheets A, B, 0, D, E, F, G, H, I, J, and K, showing' the state of your affairs on the day on which the Receiving Order was made against you, viz. : the — day of — , 189-. Such sheets wlicn filled up, will constitute your statement of affairs and must be verified by oath or declaration. (7) See Bankruptcy Form 73. (?•) Full name, address, and occupation of deponent. PRACTICAL FOB MS. 115 Statement of Affairs. At 189 — , date of Keceiving Order. Gross Liabilities liabilities. ' (as stated and estimated by debtor). Unsecured creditors as per list (A) Creditors fully se- cured as per list(B) Estimated value of securities Surplus Less amount carried to8heet(C) Balance thereof to contra £ Creditors partly se- cured as per list (G) Less estimated Value of securities £ «. Expected to rank. Liabilities on bills discounted other than debtor's own acceptances for value as per list (D), viz. : — On accommodation bills as Drawer, Acceptor, or In- dorser £ ,, „ On other bills as Drawer or Indorser £ ., „ Of which it is expected will rank against the estate for dividend Contingent or other liabilities as per list (fc;) £ .. „ Of which it is expected will rank against the estats for dividend s. .d. Creditors for rent, &c , recoverable by dis- tress as per list (F) Creditors for rates, taxes, wages, &c., payable in full as per li^t (G) Sheriff's charges pay- able under s. 11 of the Bankruptcy Act, 1890, estimated at ... Deducted contra £ s. d. Assets Estimated (as stated and estimated by debtor), to produce. Property as per list (H), viz. : — (a) Cash at banker's (6) Cash in hand (c) Cash deposited with solicitor for cost of petition (d) Stock in trade (cost £ ).., (e) Machinery (/) Trade fixtures, fittings, utensils, etc (^) Farming stock (Ji) Growing crops and tenant right , (i) Furniture , (ji) Life policies (Jc) Other property, viz. : — Total as per list (H). Book debts, as per list (I) — viz. : Good Doubtful Bad d. Estimated to produce Bills of exchange or other similar se- curities, as per list (J) £ „ „ Estimated to produce Surplus from securities in the hands of creditors fully secured (per contra) Deduct creditors fur distrainable rent, and for preferential rates, taxes, wages, sheriff's charges, etc. (per contra) Deficiency expLxined in st-itement list(KJ V of ill the county of make oath and say that the above ^tateMle^lt and the several lists hereunto annexed, marked A, B, C, D, E, F, G, H, I, J, and K,. are, to the best of my knowledge and belief, a full, truL-, and complete statement of my affairs on the date of the above-mentioned Receiving Order made against me. Sworn at in the county of this "j csjio-nntiiro "» day of , 189-, Before me / (&i„uaiurt.; Filed in th". Office of the Chii'f Oificial Receiver, thin day of , 189—. Verified Statement filed in Court, this daU of , IS'J — . 116 FB ACTIO AL FOBAIS. List " A " — Unsecured Creditors. The names to be arranged in alphabetical order and numbered consecutively, creditors for £10 and upwards being placed first. Notes. — 1. When there is a contra account against the creditor, less than the amount of his claim against the estate, the amount of the creditor's claim and the amount of the contra account should be shown in the 3rd column, and the balance only be inserted under the heading " Amount of debt," thus : — £ s. d. Total amount of claim Less: Cr. account ... No such set-oft' should be included in List " I." 2. The particulars of any bills of exchange and protnissory notes held by a creditor should be inserted immediately below the name and address of such creditor. No. Name. Address and occupation. Amount of debt. Date wlien contracted. Consideration. Month. Year. £ s. d. Signature , Bated- -189— PRACTICAL FORMS. 117 « IP O p p^ P3 O H l-H Q Q pq s &^ f-> (D "O 5S s 1 w TS ^ OS 5 03 <1> S "" -w o CD t4 '« «+J "O a OS J b S = o ^ Id 01 O ■a •a <1 It* -A 118 PB ACTIO AL F0Ii3I8. 0) > --2 o © C o 13 ^ a h— I OJ 1-1 ^ ►—1 •+-1 W I— 1 "3 o ^ ^ « o Eh O CO o o o 13 CO d J2; Amount expected to ranli against estate for dividend. IS CO ^ Holder's name, address, and occupation (if known). a 3 o a CO (V o 'tt » ^J la 'S •§ i a 8 'tt 00 "^ c ■J c j 3 a s 3 Whether liable as drawer or indorser. t -3 . «.i C »• « P 'si 0,0! g 6 CI CO ■to e <3 >. -^ J3 .3 u^ o ^ • (D .^ CO _Q 3 sn o .2 H +J ■— ' t— 1 fl i-q ns *3 hH (l; t* c PQ r-H r- o -5 "^ ^ (S S ^ ^ C3 ^ a "3 -e w S " H -rH o O & >. o :2 ^ ^ 1 » o (,-• H , o i o § s 3 o a <« S .2 < Eh -2 !^ ;::^ O •'-' ri -^ a ^ c3 § . ^ o w -^ o 2 C4_ 13 (z! o oJ H ^ Lis « •^ ^ , o • l-H -*-3 S ;^ a r3 a (—' r-' '5 ^ (-< o l-l o 1 i- u o a O TJH • o CO a PRACTICAL FOIiiMS. 119 Difference ranking for dividend to be carried to List A. t' ce ^J > < s 1 O GJ 1 S5 a CO S B w H O o H I— I P W O 1-3 <1 1— ( H P5 o O Difference ranking for dividend to be carried to List A. TS «o «tl Amount payable in full. •0 =tl a' o < -« 00 ^ O o a Period during which claim accrued due. a o ^- ei ;2i .2 1 o ■a a f £ ■5 o a d oc a 120 PRACTICAL FORMS. a A ■^ e*-i O 00 sx; tH a O • r^ -^s O • ^. m ^ 'TIS -fJ ai d i=l • i-H cp ^ O" -t-i •73 O QQ «+H ^ -4J »\ a M .2 'S ^ ?H a o (^ -^^ % CO a W 03 i=l •F-l niJ h^ O o P- P i=l • ft ^1 PlH o «*-( fl o CO 9 cx) o 00 ■*J r-( O^ • i-H o D!] O) 'O f^ a >-> J-l -^-i ^ o P > r-< -l o 03 ci .E-S &I -a 8 ■3 to a a CO 03 -is 03 S _0 O ^ fe «a 60 fco'o J 5 a fc= s O £ C O 3 C3 r^ OS >-' O '« « s C) 03 c3 « .2 O i-lO ^"-.feS^o-^S^ B S PRACTICAL FORMS. 121 H < w H o p ft ft CO 6 ^2; Oh « '■2 tii] OS 00 S3 > «■" « ^ 13 2 -s ^ S ID c 3 o s ■a .a o o P o O P< « ■a Ct-l o o a 03 o |25 ■^ -« «+? ti s «ti «rt ■« 'JJ O 1 s «-a 1 S p -tJ •• O o "^ s §-3 2 CO ® ,.- ^ ~^ is -O o " o tor, ?)«< y the estat he third Amount ° i .S O 2"r^ e : n 3 a> 3 ' ■■ -^ - a -t^ a ^ f 3 rri O CO P o 4S 'i. O O! S o 3 a 2 c e o _2J ci o f- 3 ° 5h 1 3 •^ ^^ -^ ^^ ci S C fl o §s:s ^ o to o Particu'ars of any property lield as security for payment of bill or note. < < 9 ■5 E. •a CD •j: > < '-+? d Pd O Q o a: 'S o o o ■*-s o s CO <+? K o 'A O 02 ft CO ;-• 1— 1 CO O o . CQ . M on B . c3 C =«^ C o o ^-^ 12; — ai m " -' m CS tw J-( X « M ri 2 2 QD o ' O , (3 tw J-( ! C Q Cl' f^ p • .-< CT) ,^ psc o iti O -4J O (D to p a a P C -3 -; pe« ri; O C v^ U 'V. • c to c > ,o ■ r? oj o ^ a o i> cj u >» ^^ O *i ~ ^ U3 rt o -^ * S o o _g t*. 'co cc 3 o a It a 03 o o a in e a 2 •4^ a o a o 05 m >»2 .o 'a o o o a 03 O a> t*-> «i ■gr s •3 •O s dd " Jren ating ofla c ■S c m o s Its ^ ~ •*-' i-* wis ^ S 5 s ca o PRACTICAL FORMS. 123 No. 46. List "K — Deficiency Account. (A) (1) Twelve ninnths before date of receiving order, or such other time as official receiver may fix. This should be shown by a balance sheet or capital account as at the given date. (2) This should be shown by a trading and profit and loss account annexed. (3) Particulars to be stated. (4) These figures should agree. Note. — When the affairs show a surplus at the given date prior to the receiving order on which the account commences, this form (A) should be adopted, subject to the special circumstances of the case. Surplus, being excess of assets over liabili- ties on the (') day of 189 (ifany) Net profit (if any) arising from carrying on business from tlie (') day of 18l> , to date of receiving order, after deducting usual trade ex- penses C) Income or profit from other sources (if any) since the (') day of 189 C) Deficiency as per statement of affairs (*) Total (5) This schedule must show when debts were contracted. fe) Add wife and children (if any), stating number of latter. (7) Here add particulars of other expenses or losses (_if any). Accounted for as follows, viz. : — Net loss (if any) arising from carrying on business from the (') day of 189 , to date of receiving order after deducting from profits the usual trade expenses (^) Bad debts (if any) as per schedule '• I " (*) Expenses incurred since the (') day of 189 , other than usual trade expenses, viz., household expenses of self and (") Other losses and expenses (if any) (') Liabilities (if any) for which no considera- tion received (^) Depreciation in the value of stock and efiiects or other property as estimated for realization (') (*) Total... £ s. d. d. Signature. Dated- -189—, 124 PRACTICAL FOBMS. No. 46. List " K " — Deficiency Account. (B) (1) Twelve months before date of receiving order, or such other time as official receiver may fix. (2) This should be shown by a trading and profit and loss account annexed, (3) Particulars to be stated. NoTK. — When the affairs show a deficiency at the given date prior to the receiving order on which the account commences, this form (B) should Jje adopted, subject to the special circumstances of the case. Net profit (if any) arising from carrying on business from the (') day of 18 , to date of receiving order, after deducting usual trade ex- penses O Income or profit from otlier sources (if any) since tlie (■) day of 18 Q) (4) These figures should agree. (5) This should be shown by a balance sheet or capital account as at the given date. (6) Here add particulars of other expenses or losses (if any). (7) This schedule must show when debts ■Rere contracted. (8) Add wife and children (if any), stating number of latter. Deficiency as per statement of affairs (') Total £ Accounted for as follows, viz. : — Deficiency, being excess of liabilities over assets on the Q) day of 18 (ifany)(=) Net loss (if any) arising from carrying on business from the (') day of 18 , to date of receiving order after deducting from profits the usual trade expenses C^) Bad debts (if any) as per schedule " I " (') Expenses incurred since the (*) day of 18 , other than usual trade expenses, \iz., household expenses of self and («) Other losses and expenses (if any) (") Liabilities (if any) for which no considera- tion received (^) Depreciation in value of stock and eflects or other property as estimated for realization (^) (<) Total.. .£ d. 8. d. Signature. Dated- -189—. PRACTICAL FORMS. 125 No. 46. List " K "—Accounting Statement. (C) (1^ Twelve months before «late of receiving order, or sucli other time as official receiver may fix. This should be shown by a balance sheet or capital account as at the given date. (2) This should be shown by a trading and profit and loss account annexed. (3) Particulars to be stated. (4) These figures should NoTK.— When the statoment'of affairs shows a surplus, this form (C) should be adopted, subject to the special circumstances of the case. Surplus, being excess of assets over liabili- ties on the (') ' day of IS (if any) agree. Net profit (if any) arising from carrying on business from tlie (') day of 18 , to date of receiving order, after deducting usual trade ex- penses (^) Income or profit from other sources (if any) since the (') day of 18 C) C) Total Accounted for as follows, viz. : — Net loss (if any) arising from carrying on business from the (') day of 18 , to date of receiving order after deducting from profits the usual trade expenses (") (5) T.jis Bad debts (if any) as per schedule " I " (^) schedule must show when debts were contracted. Expenses incurred since the (') day of IS , other than usual trade expenses, viz., household expenses (6)-f.Mwife of self and (") and children (if any), stating number of latter. (Y) Here add Other losses and expenses (if any) (") particulars of other expenses or losses (if any). Hj^b^iitigg (jf ^ny) for which no considera- tion received (^) Depreciation in the value of stock and efi"ect8 or other property as estimated for reali- zation (^) Surplus as per statement of affairs (*) Total... £ s. d. Signature^ Dated- 189—. 126 PRACTICAL FORMS. No. 46. List " L." (In substitution for such of the sheets named " A — J," as will have to be returned blank.) Debtor's signature . (1) Here insert ' ' the debtor" or " ' a creditor " or "the ofBcial receiver " or "the trustee." (2) Here state grounds of application. No. 9. In the High Court of Justice. (^Application to annul Adjudication under sect. 35.) In Bankruptcy. No. of 18 — . (See Bankruptcy Form No. 5G.) Ee Ex parte (}) I of being interested in this matter do hereby make application to the court that the order of adjudication against be annulled. Dated No. 10. In the High Court of Justice. (Applicatto7i for Order of Discharge.) In Bankkuptcy. No. ofLS (See Bankruptcy Form No. 58.) having been adjudged bankrupt on the Ke (I) Here insert ^X parte O') "the debtor" or , r \ / " a creditor " i 01 ^ „ . i ^eVeiv'lr-or'Hhe clay of , 18—, and boiug desirous of obtaining trustee." yjy discharge^, hereby apply to the court to fix a day for hearing my application. My public examiuatiou was concluded on the — — day of . Annexed hereto is the certificate of the official receiver certifying the number of my creditors. (Signed.) To the Registrar of the Court. PB ACTIO AL FORMS. 127 No. 11. In the High Court of Justice. (Affldavit by banhrupt, whose discharge has been granted conditionally as to after-acquired -property or income.') In Bankruptcy. (See Bankruptcy Form No. 65b.) Ke of "FIy mrtp C^^ (1) Here insert JiiX pane 1^ ; , ■, •• the debtor •• or I the above-named debtor, make oath and say-' — a creditor" „ I , or " the official as lOllOWS : receiver "or 1. I have since the date of my discharge resided and "the trustee.- carried on business at and I now reside and carry on business at . 2. The statement hereto annexed is a full, true, and complete account of all moneys earned by me and of all property and income acquired as received by me since the date (^) (2) Here insert Sworn at this day of -) {Signature of chfrg?' or" Before me, S debtor.) "wbeniastt jj\ji.\jt.Ky j-i^-^f J I 'aXcA a statement ol after-acquired property and income in court, N -1 9 namely the O. i-'^- day of 189—." In the High Court of Justice. {Application to court to appoint day for approving composition or scheme.') In Bankruptcy. No. of 18 — . (See Bankruptcy Form No. 96.) Re of TTv i-»Qvfo A^ CO Here insert JJjX pai te ( j .. ^y dgijt^jr " or Whereas at a meeting of creditors of the above-named "-^^''^^^^°'^" debtor, held at on the — — - day of , 18 — , a receiver "or resolution to accept a (^) was duly passed by a "^^''2V'"compo- majority in number representing three-fourths in value fition" or of all the creditors who have proved their debts, arrangement." And whereas the public examination of the said debtor was concluded on the day of , 18 — . Now the C^) - — — applies to the court to fix a day for (3) "Debtor" . ^ . o or " official the consideration of the above-mentioned (^) . receiver." The gross amount of the (^) on which the ad (4) "Ksti- valorem fee will be payable is £ . (but'norexceed- Dated this day of , 18- "^^^^^^ (^\ — . unsecured liabili- r\ ties), or " cumpo- ORDER : sition." Before Mr. Reefistrar . Upon reading the above application, and hearing it is ordered that the application for the consideration by the court of the above-mentioned (^) shall be 128 PRACTICAL FORMS. heard at on the day of , 18 — , at o'clock in the noon. Dated this day of , 18 — . By the court, Registrar. PART XIV.— BILLS OF SALE. No. 1. Absolute {q). This indextuee, made the day of , one thousand eight hundred and , Between (the vendor), of, &c., Grocer, of the one part, and (the purchaser), of, &c., Draper, of the other part. Whereas the snid (vendor) has contracted (r) with the said (j)ur- chaser) for the absolute sale to him of the chattels, effects, and things specified in the schedule hereunder written, at the price or sum of pounds. Now THIS INDENTURE WITNESSETH that, in consideration [of the said sum] of pounds, to the said (vendor) paid by the said (imrchaser) upon the execution of these presents (the receipt of which said sum he the said (vendor) hereby acknowledges). He, the said (vendor) [by these presents]. Doth assign and transfer unto the said (jmrchaser), his executors, administrators, and assigns. All and singular the said stock-in-trade, implements, utensils, effects, and things enumerated and described in the Schedule here- under written, and which shall be deemed to be wholly comprised in the word "chattels" herein employed; And all the right, title, interest, claim, or demand whatsoever of him, the said (vendor), in and to the said chattels ; of which the said (vendor) has this day put the said (purchaser) in the full [sole], and actual possession : To HAVE AND TO HOLD, all and singular the said chattels [herein- before assigned] unto the said (p)iirchaser), his executors, adminis- trators, and assigns, for his and their own absolute use and benefit. And the said (vendor) doth hereby, for himself, his heirs, executors, and administrators, covenant with the said (jmrchaser), his executors, administrators, and assigns, that he, the said (vendor), has full power and the sole and absolute right to sell and assign the said chattels in manner aforesaid ; And that the said (purchaser) shall hereafter peaceably hold, use, and enjoy the same as his own chattels and property without any hindrance, interruption, claim, or demand by or frum iiim, the said (vendor), or any other person whomsoever ; (y) The stamp varies with the amount or value of the consideration ; see Stamp Act, 1891, tit.. Conveyance on Sale. (r) Or, — now stands justly and truly indebted to the said {purchaser). But a bill of sale by a trader of all his .stock-in-trade and efl'ects, e.-pccially if given for a pre- existing debt, is an act of bankruptcy, and void against his creditors. So as to a part, unless made with the honest intention of enabling him to carry on his business. If the bill of sale, tliough ab.solute in form, is given to secure the 2>aymentof money, it will be void as infringing s. 9 of the Bills of Sale Amendment Act, 1882. PRACTICAL FORMS. 129 And also that he, the said {vendor), his executors and adminis- trators, will do all such further acts and things as may be necessary and required for further assuring the title or the peaceable possession of the said chattels as aforesaid, unto and by the said {inirc]taser),}nB executors, administrators, and assigns ; [and for indemnifying him and them against all losses, damages, expenses, claims, and liability whatsoever, if any, which he or they may pay, sustain, incur, or be put to by reason or in respect of the purchase thereof (s)]. In witness whereof the said parties have hereunto set their hands and seals this day and year first above written. {The vendor.) (L.S.) Signed, sealed, and delivered by the^ above, — or, before-named — {vendor) iu my presence; and I hereby declare that before, such execution the nature and effect of the , foregoing bill of sale — or, deed — was fully ex- plained to him by me — or, in my presence — {if so) as his solicitor ..... A. B., Solicitor, T., Kent. C D., his Clerk {or other person, adding his residence and occupation). The Schedule above referred to {t). Memorandum of Delivei'y (u). Be it remembered, that on the day and year first within- written, peaceable possession of all and singular the [stock, imple- ments], furniture, goods, chattels, and effects within mentioned to be sold and transferred to the withiu named {purchaser) [his executors, administrators, and assigns], was openly had and taken by him according to the form, effect, and true intent and meaning of the within- written indenture, in the presence of us. (Two witnesses.) (s) This is not a usual stipulation ; but inasmucli as tlie purchaser in these cases has not the means of being satisfied of the security of the title to the chattels IS a purchaser of other property has, it is only reasonable that he should be iudetn- iiitied against latent claims. (0 Here addiug it, under this heading, or, if annexed, say : The schedule referred to in the bill of sale hereunto annexed. (Let it be firmly annexed.) («) To be indorsed or subjoined. 130 PR ACTIO AL FORMS. No. 2. By a Sheriff (x). (Ahsolufe.) Know all Men by these presents, that I {the sheriff), Sheriff of the County of B., in consideration of the sum of pounds sterling to me now paid {ij) by {the furchaser) of, &c., in the County of AV., Grocer (the receipt whereof I hereby acknowledge), Do by these presents, and, as far as I can and lawfully may, but without any warranty of title, sell, assign, and deliver unto the said {imr- ehaser), his executors, administrators, and assigns, — All and singular the [stock, crops,] goods, chattels, effects and things particularly enumerated and described in the Schedule here- under written {z), and which said [stock, crops,] goods, chattels and effects were lately seized and taken in execution by me as the pro- perty of (the debtor), of, &c.. Maltster, by virtue of Her Majesty's writ of fieri iacias, issuing out of the Queen's Bench Division of Her Majesty's High Court of Justice, returnable before the said Court, at the Koyal Courts of Justice, immediately after the execution thereof, {or, as 'the case may he,) at the suit of {the i^intiff), for the sum of pounds [damages] and pounds for costs ; which said writ was indorsed to levy pounds besides, &c. {according to the in- dorsement :) To HAVE, HOLD, receive, and enjoy [all and singular] the said [stock, crops,] goods, chattels, and effects unto and by the said {jmr- chaser,) his executors, administrators, and assigns, to and for his and their own absolute use and benefit, and as and for his and their own proper [stock, crops,] goods, chattels, and effects. In witness whereof, I, the said sheriff, have hereunto set my hand and seal, the day of , one thousand eight hundred and . {The Sheriffs signature) {a). (x) Under s. 145 of the Bankruptcy Act, 188;!, unless otherwise ordered, sales l\y a sheriff of the goods of a debtor under an execution, for a sum exceeding £20 (in- cludiui; expenses), must be by public auction and not by bill of sale or private contract. (y) Or, — wMch has been paid to me. (z) As the sheriff's ofHcer makes the inventory, it is often, in cases requiring desjiatch, and -when it is l(n<2;tliy, annexed; in which case, for the last two words, substitute — hereunto annexed. But, as the under-sheriff prepares the deed, he, of course, adopts his own form. Sometimes they are very verbose. (a) 'Ibis bill of sale must be stamped before being filed, but a receipt with an inventory attached given by a sheriff's officer for the price of goods sold under an execution, is not a bill of sale, and docs not require registration, even though the purchaser from the sheriif allows the execution debtor to remain in the possession of the goods, see jiost, title Receijits. PRACTICAL FORMS. 131 Signed, sealed, and delivered by the\ (l. s.) above-named {sheriff) in my presence, and I hereby declare that before the execution of this Bill of Sale, the efiect thereof was duly explained by me to the said {sheriff^) (b). {Solicitor) of , Solicitor of the Supreme Court. The Schedule above referred to. No. 3. By ivay of Mortgage (c). {Statutory Form) (d). This indenture, made the day of — — , 18 — , Between {the mortgagor) (e) of the one part, and {the mortgagee) (e) of the other part, WITNESSETH that, in consideration of the sum of pounds now paid to [the said (/)] {mortgagor) by [the said (/)] {mortgagee), the receipt of which tlie said {mortgagor) hereby acknowledges [or ivhat- ever else the consideration may he ((/)], He the said {mortgagor) Doth hereby assign unto [the said^ {mortgagee), his executors, adminis- trators, and assigns, All and singular the several chattels and things {b) Or, — as a bill of sale may be executed by the under-sheriff or his deputy or person deputed by the sheriff sealing it : Cookson v. Fryer, 1 F. & F. 328, the attes- tation may run — Signed with, the name of {the sheriff) sheriif of the county of , and sealed with his seal of office, and delivered as his act and deed by {the under-sheriff') under-sheriff of the said county, in my presence, the eflfect of this bill of sale having been duly explained to the said {under-sheriff') before the execution thereof by me, &c. (c) Stamp ad valorem on principal sum secured : see Stamp Act, 1891, tit. Mortgage. (cZ) By s. 9 of the Bills of Sale Amendment Act, 1882, it is enacted that — A bill of sale made or given by way of security for payment of money by the grantor thereof, shall be void, unless made in accordance with the form in the schedule annexed to the Act, but if no alterations are made which would run counter to any of its provisions, a substantial compliance with the statutory form will suffice, though it would not be safe to go beyond variations relating to — (1) the statement of the consideration, (2) the rate of interest, (3) the times of payment; and a:e) may think fit ; and it is hereby declared that the said {morfga(/ee) shall, with and out of the moneys to arise from any such sale as afore- said, in the first place pay the expenses attending such sale or otherwise incurred in relation to this security, and in the next place pay the moneys which may be owing on this security, and shall pay the surplus (if any; to the said (mortgiKjor), And, lastly, it is hereby declared that all powers and rights hereby conferred on the said {mortgagee) shall devolve on his executors, administrators, and assigns. In witness, &c. Fur ;i form of bill of sale held void as incliidinir a power to seize in events other than those mentioned in s. 7, see In re Williams, Ex parte Pearce, 25 Ch. D. 656. (0 This form is given in the Appendix (B. No. 24), to the Rules of the Supreme Court, 1883, but it would appear to apply only to bills of sale under the Act of 1878, that is, to bills otherwise than to secure payment of money, as it is no longer neces- sary for a solicitor to be present to explain the contents of, and to attest the execution of the deed, this ceremony, required by s. 10 of the Bills of Sale Act, 1878, having been abolished by s. 10 of the Amendment Act of 1882 (-1:5 & 46 Vict. c. 43), and, therefore, paragraphs 6 and 7 in respect of bills of sale under the Act of 1882 may be omitted, as any one or more credible witness or witnesses (not being a party or parties thereto) is, or are, sufiicient. (m) If the deed be attested by a solicitor and his clerk or the clerk to the solicitor for the grantor, and the clerk makes the affidavit, he should be described here as — clerk to A. B., of the same place, solicitor. (n) State residence at time of swearing affidavit. (o) Here insert the occupation of the grantor. 134 PRACTICAL FORMS. 6. I am a solicitor (p) of the Supreme Court, and reside at D., aforesaid. 7. Before the execution of the said bill of sale by the said {grantor), I fully explained to him the nature and effect thereof {q). {Deponent's signaUire) {d). Sworn, &c, (as in Part II., No. 1). This affidavit is filed on behalf of ~. No. 5. Affidavit on Renewal of Registration of a Bill of Sale (r). I (the creditor), of, &c., Grocer, do swear that a bill of sale bearing date the day of , 18 — , and made between, &c. [Jiere state the names, residences, and occupations of the imrties exactly as they appear in the original hill of sale], (s) tind which said bill of sale (t) was registered ou the day of , 18 — , is still a subsisting security. Sworn, &c. (as in Part II., No. 1). (The deponent.) Filed on behalf of . No. 6. Affidar It for verifying the Signature to a Consent for entering Satisfaction of a Bill of Sale {u). In the, &c. {as in form No. 4.). I {the deponent), of, &c., Draper, make oath and say as follows : — 1. The signature " " {x) set and subscribed to the paper- writing marked " " hereunto annexed, being the consent, dated ip) Or,— 21. clerk to A. B., a solicitor of the Supreme Court. (2) Due attention and care— and that is not a little— should be given to the pub- lication of the foregoing aftidavit ; for, upon its sufficiency and accuracy, the safety of the deed itself depends. It must clearly show that the document filed is a true copy. It must also show the residences and occupations of the grantor and deponent and the day on which it was signed, and that the deponent was ^personally present when it was signed. (r) See s. 11 and Schedule A. of the Bills of Sale Act, 1878. (s) (jy^ — and a copy of which said bill of sale — as the case may he. (t) If the description as so given is erroneous, then a description of the true esidence. Sec, should follow : ?Jx parte Wvbster, In re Morris, 22 Ch. D. 136. (m) The consent {post title " Consents'') must be annexed and exhibited. Upon filing these documents the Registrar may order satisfaction to be indorsed on the registered copy. If the grantee should refuse to sign this consent, he can be summoned before the llegistrar of Bills of Sale at the Central OITice, Royal Courts of Justice, who, on pro'of that the debt has been satisfied or discharged, may order satisfaction to be so indorsed. For the practice and the form of summons, see rules of Supreme Court, 1883, Ord. CI, rr. 20, 27, and Appendix K., No. .58. (cc) llere iusert the name of the person entitled to the benefit of the bill of sale exactly as signed. PRACTICAL FORMS. 135 the day of 18 — , of the said , {y) to an order that a memorandum of satisfaction be written upon the registered copy of tlie bill of sale dated the day of , 18 — , and made between {grantor) of, &c., and {grantee) of, &c., is of the proper handwriting of the said {ij) as I know from having seen him sign the said paper writing [this day] (z). 2. The said {y) who has signed the said annexed consent, is the same person as (y), in the said bill of sale mentioned. Sworn, Szq. (as in Part IL, No. 1). Filed on behalf of . No. 7. Bill of Sale (of a Ship or- Share of a Ship). Merchant Shipjnng Act, 1894, 1st Schedule, Part A, Form A. OfBcial number. Name of ship. Number, date, and port of registry. No., date, and port of previous registry (if any). Whether British or foreign built. Whetlier a sailing or steam ship ; and if a steam ship, how propelled. 1 A\'here built. ^Vhen built. Name and address of builders. Number of decks Number of masts Rigged Stern Build Galleries Head Framework and description of vessel Number of bulkheads Number of water-ballast tanks, and their capacity in tons ... Length from lore part of stem, under the bow- sprit, to the aft side of the head of the stern- post Length at quarter of depth from top of weather deck at side amidships to bottom of keel JIain breadth to outside of plank Depth in hold from tounage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Depth from top of deck at side amidships to bottom of keel Round of beam Length of engine-room (if any) Keet. Tenths. Particulars of Disjjlacetnent. Total to quarter the depth from weather ■) deck at side amidships to bottom of keel f I Ditto per inch immersion > *'""'• I at same depth ( tons. (y) Person entitled. (s) Or, — on the day of last— 0/', instant. i'>ut this date is not essential. 136 PRACTICAL FORMS. Particulars of Engines {if any). No. of engines. Description. Engines. Boilers. Number Iron or steel ... Pressure when loaded Whether British or foreign made. When made . Name and address of makers. Engines. Engines. Boilers. Boilers. No. of and Length diameter of of cylinders. stroke. No.H.P. I.H.P. Speed of ship. Particulars of Tonnage. Gross Tonnage. Under tonnage deck Closed-in spaces above the tonnage deck (if any) Space or spaces between deck Poop Forecastle Roundhouse Other closed-in spaces Spaces for machinery, light, and air (if any) Gross tonnage ... Deductions, as per contra Registered tonnage No. of tons. Deductions allowed. On account of space required for propel- ling power On account of spaces occupied by seamen or apprentices, and appropriated to their use, and certified under the regulations scheduled to this Act. These spaces are the following, viz. : — On account of space used exclusively for accommodation of master, for the work- ing of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navi- gation, and boatswain's stores, and for space occupied by donkey engine and boiler, and. In: case of sailing ships, for space used for stowage of sails Cubic metres. Total deductions No. of tons. [or we and paid to me [or us] by ], in consideration of the sum of , the receipt whereof is hereby acknowledged, transfer shares in the ship above particularly- described, and in her boats, guns, ammunition, small-arms, and appurtenances to the said . Further I [or we] the said , for myself and my [or ourselves and our] heirs, covenant with the said and his [her or their] assigns that I [or we] have power to transfer in manner aforesaid the premises hereinbefore expressed to be transferred, and that the same are free from incumbrances {a) [save as appears by the registry of the said ship]. In witness whereof ha hereunto subscribed name and affixed seal this day of 18 — . Executed by the above-named » in the presence of / (o) If there be any subsisting mortgage or outstanding certificate of mortgage, add words in brackets. PB ACTIO AL FOB MS. 137 PART XV.— BONDS. No. 1. For Payment of Money and Interest (c). Know all men by these presents that I {d) [the obligor), of, &c.. Grocer, ara held and firmly bound unto (e) {the oUigee), of, &-c., Gentleman, in the sum of pounds sterling, to be paid to the said {obligee), or to his certain attorney, executors, administrators, or assigns (/) : foe which payment well and truly to be made, I bind myself, my heirs, executors, and administrators {g), and every of them, firmly by these presents. Sealed with my seal Qi). Dated this day of , 18 — . The condition of the above-written obligation is such, that if the above-bounden {obligor), {i) his heirs, executors, or administrators, [or any other person or persons duly authorized on his or their behalf], do and shall well and truly pay or cause to be paid unto the said {obligee) (k), his executors, administrators, or assigns (Z), the full sum of pounds sterling [this day, lent, and advanced by the said {obligee) to the said {obligor) {m)] on the day of next {n) with the interest for the same, in the meantime after the (c) For stamp see Stamp Act, 1891, Sched. : Bond — Mortgage. {(l) If given hy two or more, for I, substitute — We {the first obligee), of, &c,, Grocer, and {the second obligee), of, &c., Draper, are jointly and severally held, &c. {as above). (e) If given to two or more — unto (first obligee), of, &c.. Gentleman, and {second obligee), of, &c.. Merchant. Or, if given to a company, say — To " The Company, Limited," trading or carrying on business as {state the business) at D., aforesaid. Or, ifgivin to a person trading in tlie name of a company, say — A. B., trading or carrying on business at D., aforesaid, in the names of — or, under the style or firm — of " A. B. & Co.," in the sum, &c. (/) Or, to the said {obligees), or, to their certain attorneys — or, to the said company or their certain attorney, successors, or assigns. {g) Or, if given by several persons;, say — we bind ourselves, and each of us by him- self for the whole [and every part thereof], our, and each of our heirs, &c. {as above). {h) If given by several — our respective seals. (^■) Or, — {obligors), their or [any or either] of their heirs, &c. {us above). (k) Or, — {obligees), their l_or, some or one of their] executors, &c. {as above). (l) If it should be desirable, as is sometimes the case, to state theplaxe, as well as the time of payment, here insert — at the residence for the time being of the said {obligor) — or {obligees) — {or, other place) in England. If the hour is to be stated, here add — between the hours of and of the clock in the morning — o/; between the hours of of the clock in the forenoon and of the clock in the afternoon. But it is not olten desirable to fix the hours, for they may be forgotten, unless the time of payment shoidd be short. (m) Or, — now justly due [and owing] from the said {obligor) to the said {obligee) \_ifso, — as his surety]. Or, if it be a bond for securing collaterally a sum secured by mortgage, say — being the sum secured by the indenture of mortgage hereinafter mentioned — or, referred to. (n) Or, — within months after demand. If to be made payable by instalmoifs, say — The full sum of pounds sterling. with interest for the same after the rate of pounds per cent, per annum, in manner 138 PRACTICAL FORMS. i-ate of pounds per centum per annum (o), without any deduction [or abatement] whatsoever (p). Then the above-written obligation shall be void and of no effect, or else shall remain in full force and virtue. {The obligor.) Signed, sealed, and delivered {q) (l. S-) In the presence of {One or more ivifnesses.) No. 2. That a Married Woman, being a Minor, shall execute and acknowledge a Conveyance on coming of Age (r). Know all men by these presents that I {the ohligor), of, &c.. Grocer, am held and firmly bound, &c. {as in the ])receding form). Wheeeas a. B., late of, &c., Grocer, made and published his last will in writing, duly executed and attested, bearing date, &c., and thereby [gave and] devised, &c. {setting out the devise). And whereas (s) the said testator died on the day of , 18 — , without having revoked or altered his said will, which has since been proved in the Principal {t) Eegistry of the Probate Divi- sion of the High Court of Justice. And whereas the said C. B. has intermarried with, and is now the following, namely, the sum of pounds, being one moiety {or otlier portion) thereof — or, together with one year's interest on the whole of the said principal sum of — — pounds, on the day of now next ensuing; and the sum of pounds, being the other moiety {(jr other portion) of the said principal sum, together with one year's interest on such last-mentioned moiety, on the day of • now next ensuing. Or, the full sum of ■ pounds (part of the said sum of pounds) on the day of next; the further sum of pounds (other part thereof) on the day of next, and the further sum of pounds (the residue thereof) on the day of next, together with interest on the said several and respective sums after the rate of pounds per cent, per annum from the day of the date of the above- written obligation to the respective days of paying the same, without any deduction — or, abatement — whatsoever, then, &c. (a.s above). (o) (Jr, — for every one hundred pounds by the year. {p) If the bond is iri ven to secure a mortgage debt, here add— according to the true intent and meaning of the proviso and covenant for payment thereof contained in a certain indenture of mortgage, bearing even date herewith -or, on the day of last — or, instant, — and made between the said (ob/if/or) of the one part, and the said {oblicjei') of the other part — "/•. between, &c. {slalirif/ the names and addresses oj the parties). (q) If there be more than one obligor, here insert the names of each, as :— by the within named A. B., C. D., and E, F., in the presence of, &c. (r) This may be readily turned into the form of an agreement, if preferred ; but, ia that case, a clause assigning damages for a breach of it should be added (see the Author's Practical Forms of Agreements). (s) This recital is not material, and may therefore be omitted when brevity is desired ; but it is usually inserted to show the date of the testator's death, and where the will may be found. (<) Or, if so — in the District Registry of, &c., at D. PRACTICAL FORMS. 139 wife of, the said {oblirjor) ; but she has not yet attained the age of twenty-one years. And whereas the said {oUigor), and C. his wife, have contracted with the said {obligee) for the absolute sale to him of the dwelling- house and premises so devised to her as aforesaid, free from all incumbrances, at the sum of pounds, and the same premises have, by indenture bearing even date with and executed immediately before these presents, been conveyed and assured unto and to the use of the said {obligee) accordingly. And whereas upon the treaty for such sale it was mutually agreed between the said parties that the said {obligor) should execute the same immediately, and that the said C, his wife, should execute the same, and do all such other acts as might be requisite for passing her estate, right, and interest in and to the said premises, unto the said {obligee), his heirs and assigns, within one week {u) next after she should attain the age of twenty-one years, which will be on the day of , next ; and, in order to secure the due performance thereof, it hath been proposed and agreed that the said {obligor) shall enter into and execute the above-written obligation, with the con- dition hereunder written : — Now THE CONDITION of the above-written obligation is such, that if C, the wife of the above bounden {obligor), do and shall, at his <'Osts and expense, — or, in the event of his death, at her own propei- costs and expense, but in either case, at the request of the said {obligee), his heirs or assigns, within one week (;it) next after she shall have attained the age of twenty-one years, or, if she shall then be imder any legal disability, then, within one week next after the removal of such disability, attend at the office of W. A., the solicitor for the said (obligee), or of his partner or successor in • street, at D. aforesaid (a;), or at such other place to be then appointed by the said {obligee), and then and there sign, seal, and as her act and deed, in due form of law, deliver the said indenture, on the same being tendered to her for that purpose ; And also, if the said C. B. do and shall, at the proper costs and charges of the said {obligor), or, if he be dead, at her own proper costs and charges, but, in either case, at the request of the said {obligee), his heirs or assigns, also attend before such perpetual commissioner {g) for taking the acknowledg- ments of married women, appointed under and by virtue of the Fines and Recoveries Act, ItioS {z), and at such time and place, or times and places, as the said {obligee), his heirs or assigns, shall for that purpose appoint, and then and there submit to be examined by such commissioner {g), apart from her said husband, and true antl proper answers make to all necessary and proper questions, which shall be propounded and required of her by the said commissioner {y) (u) Or, — one calendar month {ur other time). (x) Or, — at the dwelling-house — or, counting-house of the said {ohligee). (y) 0?-,— a judge. (2) This clause is applicable only where a provision has been, or is intended to be made, for the party acknowledging, and the document conferring it is to be executed before the Commissiouer. 140 PRACTICAL FORMS. touching her age, and her knowledge and understanding of the nature and contents of the said deed, and her estate, right, and interest intended to be passed, conveyed, and assured thereby, and lier consent thereto, and any other matters connected therewith. [And also do and shall make, sign, and execute any acknowledg- ment, declaration, or other document that may be necessary or proper to be signed and executed by her upon such occasion or occa- sions relative to the said premises, and which shall be then and there tendered to her for that purpose (2).] And also that if the said {obligor) and C, his wife, or the said C. B. alone, in the event of his death, do and shall, at his or her own proper costs and expense, and, in either case, at the request of the said {ohligee), his heirs and assigns, within the time and at the place aforesaid, or other the place to be appointed for that purpose, sign, seal, and in due form of law, deliver all such other deeds, conveyances, and assurances, and perform and execute all such other acts, matters, and things whatsoever, for the more effectually or satisfactorily conveying, assuring, and con- firming the said hereditaments and premises, or their respective estates, rights, or interests therein, or in any part thereof, unto the said (phligee), his heirs and assigns, in manner aforesaid, or in such other manner as by him or them, or his or their counsel in the law, shall be advised or required, and at his and their own proper costs be prepared and tendered for execution ; Then the above-written obli- gation to be void and of no effect, or else to be and remain in full force and virtue. Signed, sealed, &c. (as in the preceding form). No. 3. For the Fklelitij of the Manager of a Business («). Know all men by these presents. That we {the obligor), of, &c.,. Grocer, and {the surety) of, &c., are held, &c. {as in Form No. 1). Whereas the said {obligee) {b) has engaged (c) the said {manager) to act as his agent in [superintending] managing, and conducting the business of [and works appertaining to] a coai vendor {d) at G., in the county of K. [for the term of years] upon the terms [mutually agreed upon between them (e) and] hereinafter expressed, and on entering, with the said {surety), into the above-written obligation with the condition hereunder written. (2) See prccediog page. (a) Stamp 2s, (id. for every £100 of penalty with a maximum of 10s. (6) If engaged by a company instead of the name substitute— the said company throughout. (c) Or, — selected and appointed. (rf) This may be made applicable to any other business. (e) If desired, these terms can be specitied in a separate document. In which case, they should be hero referred to us — and contained in an agreement bearing date, &c., and made, &c. This document shoukl be exliibited as that herein referred to. {See title Exhibilx.) PEACTICAL FORMS. 141 Now THE CONDITION of the above-written obligation is such, that if the above boimden {manager) do and shall, from time to time, and at all times hereafter during [the continuance of] the said engage- ment (/), diligently and faithfully superintend, manage, and conduct the said business {g), and devote the whole of his time and attention thereto (Ji), and use his best [and utmost] endeavours to continue and promote the custom thereof (/). And also do and shall at all times, during, and after, the said employment, keep all the secrets and matters of, and relating to the said business and the affairs of the said {obligee), his executors, administrators, co-partners, and assigns, and of his and their family, friends, and connections, which ought not to be disclosed [or made public] ; And also do and shall from time to time make and keep true and correct inventories and accounts of all (/) such property, moneys, securities, effects, and things belonging to, or entrusted to his custodv or care, as such manager or agent as aforesaid, or otherwise, either by the said (obligee), his executors, administrators, co-partners, or assigns, or any other person or persons whomsoever connected with, or employed in the said business ; and do and shall preserve and keep such property, moneys, effects, and things, in a safe, careful, and proper manner, order, and condition [or cause the same to be so preserved and kept] ; And also do and shall diligently, carefully, and constantly keep (k) true and correct accounts, entries, and memoranda of all the deal- ings relating to the said business in a distinct, clear, and proper manner in such books and in such forms as the said (obligee), his (/) 0>\ — so long as he shall continue as such agent — or, hold the office of agent for the said company. ((/) If of an hotel, &c., here add — of the said hotel — or, restaurant — or, supper- rooms (or, as the case may he). (h) If either of the above businesses, here add — and (if so agreed) constantly employ himself therein and reside in the said hotel — or, give such attendance thereto as may be requisite for the due [and efficient] management thereof and for the interest of the said (obligee'). (i) If an agreement be made, in writing, embodying the duties of the agent in a separate form, which is desirable, this document may be shortened by merely adding here — And also do and shall, in all other respects, duly and faithfully perform and fulfil the several other duties and obligations which from time to time shall devolve on, or be requisite or necessary to be discharged and performed by him, as such agent as aforesaid, by and according to the true intent [and meaning] of the agreement hereinbefore recited [or, referred to]. Then the above-written obligation, &c. {us in the preceding form). (J) If the obligor is to have the charge of any kind of personal effects, in an liotel or other such place, here add — the household furniture, plate, linen, effects, articles and things now being in and about the said hotel (or, other place) and comprised in the inventory hereunto — or, to the said agreement — annexed, signed by, and this day deli- vered into the custody and entrusted to the care and protection of the said (obligor) (as he hereby admits) and also of all such other property, &c. {as above). (k) If it be intended that the manager shall only superintend the accounts and be answerable for their accuracy, instead of the word " keep," here substitute — super- intend ; adding, after the following word " business," and cause them to be regularly kept, &c. (as above). 142 PRACTICAL FORMS. executors, administrators, co-partners, or assigns, shall, from time to time, require ; and do, and cause to be done, all such other acts, matters, and things as shall be requisite or required to be done by him in the course of, and relating to the same business ; and to his ofiSce and duties as such agent as aforesaid ; And also (J) do and shall when, and as often, during [and after the expiration of] the said term, as he shall be thereunto required [in writing], by the said (obligee) (in), his executors, administrators, partners, or assigns, prepare and deliver to him or them, in [a fair hand] writing, full, true, and clear statements of all accounts and explanations of, and relating to all dealings and transactions whatso- ever occurring in, concerning, and relating to the said business ; and of all moneys, securities for money, property, and effects whatsoever, which now are, and, in the course of the said business, shall or may be delivered to, come to his hands, entrusted to his care, received, paid, expended, disbursed, and employed, by him therein, as such manager and agent as aforesaid either by, or for his use, or on account of the said {ohligee) (n), or his executors, administrators, co- partners, or his or their customers, or other persons to whom he or they shall or may be, in any manner, liable or accountable for the same ; And also do and shall, when and as often as he shall be required, as last aforesaid, account for, pay and deliver to the said (obligee) (n), his executors, administrators, partners, and assigns, all such sum or sums of money as he or they shall, from time to time, require of him during the said employment ; and at the termination thereof, peace- ably quit and deliver up to him or them as well the possession of the •said premises as also all such property, moneys, effects, and things as shall then be in his care, custody, possession, or power, as such agent as aforesaid ; And also do and shall, at all times during the said term, require and cause the [inferior clerks and] servants in the said business under his supervision and control, duly and faithfully to perform their several duties therein, and to conduct and demean themselves in an orderly, proper, and respectful manner, in all respects, towards him- self, each other, and the said {obligee) {n), his executors, administra- tors, co-partners, and assigns, and his and their family, friends, visitors, connections, and customers ; And also do and shall not embezzle, conceal, remove, lend, spend, waste, or -wilfully cancel, obliterate, spoil, damage, or destroy any such property, moneys, securities, books, papers, writings, cash, stamps, or effects or things, or knowingly permit the same to be embezzled, removed, concealed, wasted, cancelled, obliterated, spoiled, damaged, or destroyed by any other person or persons whomsoever, without the consent or knowledge of the said {obligee) {n), his execu- tors, administrators, partners, or assigns ; (?) If the agent is merely to superintend the accounts, omit this clause, (/ft) Or — by the said company. ((/) O?',— company. PRACTICAL FORMS. 143 And also do and shall, iu all other respects, acquit, and demean himself in all respects as a dilii^ent, faithful, honest, and respectable, manager and agent, as aforesaid ; and so as not to occasion any loss, injury, risk, liability, or unnecessary annoyance to the said (ohligee) (o), his executors, administrators, or assigns, during the said employ- ment ; Then the above-written obligation, &c. {as in iwececling form). Signed, sealed, &c. {as in Part IX., Form No. 1, 2?. 07). No. 4. Administration Bond Q:>). Know all ]\ien by these presents. That we {the administrator), of, &c.. Draper, and {the sureties) {q) of, &c. {describing each of them) are jointly and severally bound unto the Right Honourable Sir Francis "jeune. Knidit, the President of the Probate, Divorce, and Admiraltv Division of the High Court of Justice, in the sum of pounds (r) of good and lawful money of Great Britain, to be paid to the said Sir Francis Jeune, or to the President of the said Division for the time being : For which payment well and truly to be made we bind ourselves, and each of us, for the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated this day of -, in the year of our Lord one thou- sand eight hundred and . The condition of this obligation is such, that if the above-named {administrator), the lawful husljand (s) of {tJie intestate) {t), late of, (o) If the agent is merely to superintend the accounts, omit this clause. (p) Where the estate is under £100, no stamp duty ; over £100, stamp duty 5s. This form is No. 16 of the District Probate forms for non-contentious business. {q) In ordinary cases two sureties are required, but only one if the property is bond fide under the value of £50. (r) This sum must be double the amount of the (jross assets as shown in the affidavit for Inland Revenue. (s) Or, — the lawful widow and relict. Or,^A. B., the sole executor of the will of C. D. [widow] deceased, whilst living, the relict of one of the executors and the universal legatee named in the last will and testament of W. D., late of, &c., Grocer, deceased, who died, «&c. ("s ahove). Or, the natural and lawful brother— oy, brother by the half blood — and one of the next of kin of {Hie decenmd). Or, — the lawful nephew, and one of the persons entitled in distribution of the personal estate and effects of the said (dtceasrd), late of, &c., who died, &c. (', to the purchaser of the lot to which they relate. If any of the title deeds or documents relating to the property— or, to either lot- shall relate also to other property [of equal or greater value] they shall be retained by the vendor till the whole of the property reserved by them shall have been sold and conveyed, and shall then be delivered to the purchaser— or, purchaser of the largest lot— (to be determined by the amount of the purchase money ) on his delivering, if required, to the purchaser— o;-, respective purchasers attested copies thereof, duly stamped, and entering into the usual covenant to produce the originals; such covenant to be preuared at his own— or, the purchaser's— expense, and to become void if the vendor shall afterwards sell any— o/-, the remaining— portion of the property— "/-, lot or lots— retained by him, and shall deliver the same deeds, writings, and documents to the purchaser of such remaining property— or, lot or lots— and procui-e such pur- chaser to enter into the same or the like covenants with the purchaser— [or, respective purchasers] at the present sale— or, shall then deliver such title deeds, writings, and documents to the purchaser— o/-, respective purchasers— at this present sale — on his PRACTICAL FOBMS. 159 by such purchaser ; and in this respect time shall be considered as- of essence of the contract : And in case any objections or requisitions shall be made as aforesaid (e) which the vendor shall be unwilling or unable to remove (liere state any other contingency having reference — or, their respectively — entering into the same or similar covenants with the pur- chaser — or, respective purchasers — of such remaining lot or lots. Or, — a l^etter furm (under the Conveyancing Act, 1881), where documents are intended to be retained hj- the vendor as beneficial owner, would be — The vendor is to retain all documents relating to any property not comprised in this sale, and to give, at the cost of any purchaser requiring it, a statutory acknowledgment of the rights of the purchaser to the production of documents so retained, and to delivery of copies thereof, and also a statutory undertaking for safe custody thereof — or, if the docu- ments are intended to be retained by tlie vendor as mortgagee or truatre, the form, after the words "copies thereof," should run : — but being a mortgagee [or trustee] is not to be required to give any undertaking or covenant for safe custody thereof. 6. Recitah. The oldest deed in the vendor's possession being dated on the day of , 17 — , and containing recitals showing a general deduction of the title for years and upwards, such recitals shall be taken to be correct ; and he shall not be required to support them by, or furnish the purchaser with, any other evidence of the facts or circumstances stated in such recitals. All recitals [of descents, births, mai-riages, deaths, heirships, intestacies, devises, vestings of terms of years, and all other facts whatsoever] contained in any deeds, court-rolls and other documents of twenty years old or upwards, shall be deemed suflELcient evidence thereof respectively. 7. Quantity. The quantities of the lands stated in the particulars — or, handbill of sale — being taken from actual survey and admeasurements — or, from the tithe survey — are pre- sumed — but not warranted, to be correct, but shall be binding on the purchaser ; who shall not object to the insufficiency of the description in any of the title deeds to pass the same. 8. Charges, Indemnities, &c. ^ Some portions of the property — or, of lots and , being subject to the pay- ment of an annual ground — or, chief — or, quit — or, lord's — rent of shillings — or, of small amount, the origin whereof cannot now be ascertained — such rent shall become and be payable wholly and equally out of lots ■ and , comprising respectively, as far as can be ascertained, the lands, or the greater part of the lands, out of which such rents respectively issue ; and the purchaser of the other lots (if any), subject to such rents shall not require any evidence of identity, apportionment, attorn- ment, or indemnity against the payment thereof. The property being subject to an entire ground (or other') rent— or, rent-charge — or, annuity — or, legacy — the same shall be paid by the respective purchasers in equal proportions — or, shall be apportioned by the vendor between the respective purchasers in proportion to their respective purchase moneys ; — and such respective purchasers shall, at their mutual expense, enter into mutual covenants — or, bonds with two sureties — with each other for payment thereof accordingly, and, if required, for indemnifying the vendor and each other therefrom ; such indemnities to contain powers of distress and entry for each proportion thereof. The purchaser — of each lot — shall take the same subject to land tax — or, tithe rent-charge — or, quit (or other) rents — and other outgoings as set forth in the par- ticulars of sale ; and to all rights of road — or, way — or other easements whether stated in such particulars [or shown upon the plan (if oiu^)'] or not. (e) Here add — to either lot 160 PBACTICAL FOB MS. to the special conditions), he or his solicitor shall be at full liberty, if he thiuk fit, by notice in writing, to be given to the purchaser (/) to vacate the sale (/) notwithstanding any negotiation relative thereto, or any steps which may have been taken in complying with 9. Copyholds. The property — or, lot , is of copyhold — or, customary — tenm-e, and the vendor shall not be bound to furnish evidence of the custom of the manor with respect to descents, widowhood, or otherwise, — or to deduce or furnish any evidence — or, expla- nation — relative to any prior grant, surrender, or admittance thereto, — or relative to the residence or ages of any or either of the persons by whose lives the property — or, lot — is held, which are believed to be correctly stated. As lot was, prior to the day of , 18 — , of copyhold tenure, and was enfranchised by deed of that date, the purchaser shall not be entitled to require the prior title thereto, or any evidence or information as to the validity of any power or right vested in the lord of the manor to effect such enfranchisement ; nor, as to part of lot , which is believed to be of copyhold tenure, shall the vendor be called upon to distinguish it from the freehold part of such lot, or to show of what manor it was originally holden, or to give any prior title, evidence, or information relative thereto. 10. Life Estates. The statement in the foregoing — or, annexed particulars, shall be deemed to be correct, and the purchaser shall not be entitled to call for any proof of the existence, residence, or age of the person by whose life the property — or, lot is held, 11. Leaseholds. Lot being held by lease under the warden and scholars, clerks of W. College, the purchaser shall not require any evidence of the title other than the lease thereof, and, if on'', the assignment thereof to the vendor. The purchaser shall not be required to give any evidence of the covenants or condi- tions in the lease having been performed, — or of the payment of more than years' rent — or of the valid surrender of any pre-existing lease of the property — or, of lot , or any information relative thereto ; but the lease by which the property is now held shall be deemed to be valid and subsisting; nor shall he take any objection on ■account of any assignment or under-lease heretofore made without the license of the lessor or reversioner, — or of the breach of any other covenant or condition in such lease. In case the superior landlord, under whom the property — or, any leasehold or life- hold lot— is held, shall refuse to grant a licence to the vendor to alienate or assign such lot to the purchaser thereof at this sale, the vendor [or his solicitor] shall be at full liberty, by notice in writing [under his hand], to vacate the sale and contract, on returning [to the purchaser] his deposit-money, but without interest, costs, or compensation. The purchasers of the several lots shall enter into mutual indemnities with each other for payment of the rent reserved by the lease by which the property is held, in such proportions as the vendor shall appoint — or, as shall be named at the time of sale, — and for the due observance and performance of the lessee's covenants and the conditions in such lease, and also execute and deliver to the vendor a covenant for indemnifying the vendor therefrom ; such indemnities to be prepared and perfected by and at the mutual expense of such purchasers. 12. Dinner. A. B.. the vendor's eldest brother, having [ years since] left England, with his wife and family, for America (or elsewhere), and not having since been heard of — or, it being uncertain whether he or his wife, who is supposed to be entitled to dower out (/) If sold in lots, licre add — of such lots. PRACTICAL FORMS. 161 such requisitions or iu removing such objections ; and thereupon the sale and contract shall become absolutely void, unless such purchaser or his solicitor shall, within days after the delivery of such notice, agree, in writing, to waive such objections, and de- clare his acceptance of the title unconditionally : And on the sale of any of the property (^) being so vacated, the deposit-money shall of the property— ('/•, lot — is still living or not — oi\ whether he has issue now living or not — the vendor shall neither be requii'ed to furnish any other evidence relative thereto than a solemn declaration of the fact of their departui-e from England, nor to indemnify the purchaser against the same. No requisition shall he made by reason of the non-acknowledgment of an indenture dated, &c., by a married woman, party thereto. 13. Policies. The production of the policy on the life assured and mentioned in the particular — or, handbill — of sale, shall be taken as conclusive proof of his age, and of the interest in such policy being absolutely vested in the vendor. 14. Mortgages, &c. The vendor, being only a mortgagee — or, trustee for sale — '//■, trustee of a bank- rupt's estate— shaU not be required by the purchaser— or. the purchaser of any lot — to enter into any other than a covenant that he has done no act to incumber, and, where necessary, to produce title deeds. As the equitable interest in the property — or, lot — is vested in the vendors under a conveyance, dated, &c., upon trust for sale, they will not enter into any other covenant than that they have done no act to incumber. As the vendor holds the property — or, lot — under a mortgage, upon which no interest has been paid for upwards of years, the purchaser shall be satisfied with a statutory declaration to that effect, and with such title as the vendor can give, and such title deeds and documents as are in his possession. 15. Fishery, Easements, ttc. The right of fishery — or, right of way — (or other easement), mentioned in the par- ticulars of the sale [relative to lot ] having been used and enjoyed by the succes- sive owners of the estate — or, lot for many years, the vendor shaU not be re- quii-ed to furnish any title or explanation relative to the said right, except, &c. 16. Tenants. The tenant of the property — ji;ct tu duty, here say, — except the legacy [or, succession] duty payable in respect thereof. PRACTICAL FORMS. 169 the purchaser thereof shall thenceforth pay interest on the residue of his purchase money, at the rate of £ per cent, per annum, until the completion thereof, without prejudice, however, to the vendor's ri_i;:hts under the seventh condition (a). 3. The vendor will, within days alter the day of sale at his own expense furnish the purchaser [of each lot] with an abstract of the title to the property [or such lot] (h) ; and all objections thereto or requisitions thereon not sent or delivered iu writing to the vendor's solicitor within days next after the delivery thereof shall be deemed waived, and the purchaser shall be absolutely precluded from disputing the title ; and if any should be sent or delivered within that time, which the vendor shall be unable or unwilling to answer, remove, or comply with (c), he shall be at full liberty to abandon his contract at any time, notwithstanding any correspon- dence, negotiation, concession, or partial compliance therewith, on giving the purchaser days' notice thereof, and returning the deposit, without interest, costs, or compensation ; and thereupon the purchaser [of such lot] shall return the abstract and all documents delivered to him relative to the property [or lot]. 4. All fees {d) and expenses of and attending the searching lor, procuring, and producing all deeds and documentary evidence what- soever, required, either for verifying the abstract or otherwise, not in the vendor's possession, and of all journeys attending the inspection thereof, or the examination of the abstract or otherwise incident or relating to the purchase [of either lot] (e), shall be borne by the purchaser [of such lot]. 5. On payment of the residue of the purchase money at the time and place appointed by the second condition, the purchaser [of each lot] shall have a proper assignment [or transfer] of the property [or of his lot] ; such assignment [or transfer] and all other deeds and documents necessary or required for effectually vesting the property [or lot] in him, shall be prepared, at his expense, by his own solicitor ; and the drafts thereof shall be sent to the vendor's solicitor days, and the ingrossment dttys previously to such completion (/). (a) Here insert any special conditions wliich may be necessary. (h) If so, — wliich shaU commence with the will of A. B., of, &c., gentleman {or us the case may he). (c) If there be any other condition upon which it is intended the contract shall be vacated, here insert it. (6'ee the 2J receding for ins.) {d) If the sale be of a legacy subject to duty, here add — all the legacy \_or, suc- cession] duties payable thereon, or in respect thereof. (e) If the production of any expensive document or any special thing is intended to be provided against, here add — nor shall the purchaser be required to produce a certain indenture of settlement made on the marriage of A. B. (the vendor's father) with Miss C. C, bearing date, &c., or to furnish any copy or abstract thereof, or any extract therefrom, or information relative thereto. (/) If the property be sold in lots, and the title detds are to be delivered to ihe purchaser of the largest lot, here insert the condition aate, Form No. 1, n. {z), special condition 5. 170 PRACTICAL FORMS. 6. No error or misdescription (g) shall annul the sale ; but a com- pensation, if capable of compensation, shall be made in respect thereof, if, within days next after the discovery thereof, the purchaser [of the lotj shall send to the vendor the particulars in writing of the claim thereto ; which compensation shall be estimated by the auctioneer (h), whose decision shall be binding and conclusive upon both parties (i). 7. If the purchaser [of either lot] shall fail to comply with these conditions, his deposit money shall be absolutely forfeited to the vendor, who shall be at liberty thereupon, or at any time or times afterwards, to re-sell the property [or lot] as he may think lit ; and any deficiency occasioned by such re-sale, with all losses, damages, and expenses of, and attending the same, and incident thereto, shall be paid by, and recoverable against such defaulter as liquidated damages, without first giving any notice whatever or tendering any assignment to such defaulter ; and any increase in price arising therefrom shall belong to the vendor ; whose rights under these conditions shall not be prejudiced by any step taken by him. I, A. B., of, &c., gentleman, do hereby acknowledge myself to be the purchaser of the property described in the annexed particulars of sale at the sum of £ , and have paid £ as a deposit on, and in part thereof. And I hereby agree to complete such purchase and in all other respects to fulfil the foregoing conditions of sale. I, the undersigned C. D., the auctioneer, on behalf of Mr. tlie vendor, hereby confirm the said sale. Dated this day of — — , 18 — . £ 8. d. Purchase money ;_ {Signatures, see Form Deposit paid ^o. 2, supra.) Remainder unpaid £ Witness. (Stamp.) No. (J. Of a Shijy or Vessel {k). Conditions of the sale by auction on the day of , 18 — , at the Auction Mart at W., Kent, at — o'clock in the afternoon, of (i/) If the sale be of reversionary interests or policy, here insert, — in tlie sums, names, ages, or description of parties or otherwise in the foregoing [or, annexed] par- ticulars. (^h) Or, — by Mr. A. B., an actuary. (0 If the iuuouni is left for valuation by two or more parties, see preceding Form, condition 5. (k) For the form of commission of appraisement and sale in the Probate, Divorce, and Admiralty Division of the High Court, sec Ilules of Supreme Court, 1883, Aj)pendix II., No. IG. PRACTICAL FORMS. 171 the ship or vessel (J) called the , now lying at {state the place, as, The West Quay, at Hull), with her [cargo] stores and tackle (m), by order of the owner (n). 1. The auctioneer shall name the biddings, — the vendor or his agent may bid once, — the highest bidder shall be the purchaser, — and no bidding shall be retracted ; but if any bidding be disputed the property shall be put up again at the last undisputed bidding. 2. The vessel [and her stores, spars, &c.] will be sold in such situa- tion and condition as she may be in at the time of sale, and shall be taken by the purchaser accordingly, and with all faults and defects whatsoever (if any) : and no allowance or deduction shall be claimed for deficiencies, either in respect to weights, lengths, qualities, condition or otherwise (o), 3. Every bidder shall, if required, immediately after his [last] bidding, declare his name, residence, and business, and the purchaser shall, at the close of the sale, pay to the auctioneer (p) guineas towards his charges [to bind the bargain], and also one (q) part of the purchase money, and sign an agreement for payment of the residue thereof on the day of next (r) ; when the pur- chase shall be completed, and he shall be entitled to possession of the property ; but if from any cause whatever on the part of the pur- chaser it shall be delayed beyond that time, he shall pay interest on the residue of the purchase money at the rate of £ per cent. per annum until the completion thereof, without prejudice, however, to the rights of the vendor under the seventh condition. 4. The said ship [or, vessel, stores, &c.] shall not be used, altered, displaced, or removed by the purchaser or his agent or any other person by his authority or claiming through or under him, until (?) Describe the ship according to its class, and state — whether steam (screw or paddle) or sailing ship; and if the former, its power; if the latter, whether schooner, brig, or brigautine, &c., — whether full-rigged and equipped, or only hull and dis- mantled — and whether stranded or afloat. (to) If so — subject to a mortgage for £ thereon. (to) Or, — mortgagees — or, underwriters. (o) If the purchaser be roc|uired to take any of the following, here add the following condition : — The purchaser shall take and on the completion of the purchase pay for all the stores, engines, gear, mats, sails, spars, tackle, and furniture, of and belonging to the said ship [or, vessel, &c.], comprised in the inventory exhibited at the time of sale [or, annexed to these conditions], at a valuation to be made in the usual manner or, to be made at the joint expense of both parties on or before the day of next, by two disinterested persons, if required, one to be chosen by the vendor, and the other by the purchaser, and to be interchangeably named by the other of them, or his soli- citor, on or before the day of next ; or in case such valuers shall not agree, by an umpire to be chosen by them before entering upon such valuation ; whose deter- mination shall be final between the parties ; and in case either the vendor or the pur- chaser shall, for the space of days after request in writing, neglect or refuse to nominate and appoint his valuer, or in case either valuer, when appointed, shall for the like space of time, refuse or neglect to act. the valuer of the other party may proceed alone to make the valuation ; which shall, if made within the time aforesaid, be likewise final and conclusive on both the said parties. (iO Or, — broker — or, owner. (q) Usually a. fourth part. [ (/■) Or, — within months — or, days next after the day of sale. 172 PRACTICAL FORMS. after the completion of the purchase; but shall afterwards be removed with due (s) despatch, and without subjecting the vendor to any liability whatsoever in respect thereof. 5. The residue of the purchase money shall be paid and the purchase completed on or before the day of next, at the residence of the vendor (t), who will then, on these conditions being fully performed, duly transfer and deliver the said ship [or vessel], ^c. (u), by bill of sale, to, and at the expense of the purchaser ; who shall tliereupon become absolutely entitled thereto. 6. As it is believed the property now offered for sale is accurately described in the particulars and inventory produced, no error or misdescription shall annul the sale, or subject the vendor to any liability whatever in respect thereof. 7. Time being of the essence of the contract, if the purchaser shall fail to complete his purcliase according to these conditions, his de- posit shall be absolutely forfeited to the vendor ; who shall thereupon be at full liberty, without prejudice to his other rights under these conditions, to re-sell the same at such time or times and in such manner as he shall think fit, without first giving any notice to such defaulter; and any deficiency, loss, damage, or expense whatsoever, arising from, occasioned by, or incident to, such re-sale, shall be borne and paid by such defaulter as liquidated and settled damages ; but any increase in price shall belong to the vendor. For the form of contract, see preceding Forms. (Signatures.) (Stamj).) No. 7. Of Timber. TT/-,7 • , . ( Where it is standing Timber. Wit 11 variations \ -„ri a -^ • / ? • • ^ i j? n i { Wliere oecuritij is to be given instead oj (Jasli. Conditions of the sale of timber, in lots, now lying on an estate called " The Grange," situate at , &c., belonging to the Earl of D. («), and described in the annexed handbill (y). 1. The auctioneer shall name the biddings [lor each lot]; the vendor or his agent may bid once for each lot ; the highest bidder lor each lot shall be the purchaser; and no bidding shall be retracted, but if any bidding be disputed, the lot shall be put up again at the last undisputed bidding. 2. The purchaser of each lot shall, if required, immediately after his [last] bidding, declare his name, residence, and business ; and at the close of the sale pay into the hands of the auctioneer a deposit of (s) Or, — all practicable. {t) Or, — at the olfice of the auctioneer — or, broker. (ii.) Or, — llrrr stiUo the .stoles, sp;ir.s, &c., suld with tlie sliip. (x) Or,— A. B., Esq. (y) Or, — particulars. PB ACTIO AL FOliMS. 173 £ per cent, on, and in part of his purchase money, and sign an agreement (a) for payment of the residue tliereof, otherwise tlie vendor shall be at full liberty to vacate the contract, and be entitled to retain the deposit money, or to recover it if unpaid as liquidated damages. 3. The trees shall be felled with as much care as possible, and the bark, lops, tops and shrouds thereof properly stacked, and all removed, only by the usual roads, at the times mentioned iu the next condition ; and the purchaser of each lot shall be accountable for all wilful and negligent damage done by him or his servants to any of the remain- ing timber, or otherwise to the estate of the vendor ; he shall, liefore the trees are thrown, sever and cut otf any branches or boughs necessary to prevent such damage ; he shall forfeit five pounds to the vendor for every tree or sapling cut which has not been marked for sale ; — he shall not take, or permit his workmen, servants, or others ti) take any dog on any part of the estate ; and he shall, on applica- tion or notice, dismiss or remove from off the estate every workman objected to by the vendor or his agent. 4. No purchaser shall enter on any of the lands planted or sown \Yith Corn, or roots, or grass to be mown, for the purpose of removing the timber, after the day of next without the consent of the respective occupiers, until the crops are cleared, and then the whole shall be immediately removed by the usual roads [namely, from the coppices by the road called " Higher Koad," — from the park by the drove called " Green Drove," — and from the cornfields by the lane called '• Blind Lane,"] (b) ; and no purchaser shall be allowed to sink pits or erect stages or other appliances for the con- version of his timber on the estate, without the consent of the vendor or his agent. 5. The purchaser of each lot shall, within days from the daN- of sale, pay (c) the residue of his purchase money ; — and until (") Or, — give such security as shall be satisfactory to the vendor for payment of the residue thereof (//■*■"), in respect of the fir, elm, ash, chestnut, and beech, on the day of next, and one moiety thereof for the oak timber on the day of , and the other moiety thereof on the day of next. Ur, — give an approved bill of exchange at months' date, to be di'awn by the pui'chaser upon, and accepted by some responsible person to be approved by the vendor [or his agent], and to be duly indorsed to the vendor. Or, — give a joint and several promissory note signed by him and two sui'eties, to be appoved by the [agent of thej vendor. Or, if the piucliasi! mouey be coKsiderable — give, if required, his acceptances to two usual bUls of exchange — one for a moiety of the aggregate amount of or, his entire] pui-chase money, at months', and the other, for the residue thereof, at mouths' date ; such biUs to be duly indorsed by two responsible persons, to be fii'st approved by the [agent of the] vendor. Or, — procure two responsible persons, to be approved by the vendor or his agent Wr, the auctioneer], to join him in a bond [in a sufficient penalty] for payment thei-eof, and also for the due performance of these conditions. {h) If the time of removal bo importair, liere add — and all such trees and produce as shall remain on the estate after the day of next, shall be forfeited and belong absolutely to the vendor. ('■; Or, — give security according to the second condition; and he and his sureties 174 PRACTICAL FORMS. payment thereof {d) he shall neither commence cutting the timber purchased by him, nor enter on the estate for that purpose or for preparing to do so ; otherwise he shall be deemed a wilful trespasser and be liable to pay the vendor treble the amount of his entire purchase money ; which shall be recoverable as liquidated damages. 6. If either purchaser shall fail to pay his purchase money or any part thereof, according to the iast condition, — or, if he shall not in every other respect fulfil the foregoing conditions, then, and in either case, his deposit money shall be actually forfeited to the vendor ; who shall be at full liberty, without prejudice to his other rights under these conditions, to re-sell the lot or lots purchased by such defaulter, at such time or times and in such manner as he shall think fit, without first giving any notice to such defaulter ; and any deficiency, loss, damage, or expense whatsoever, arising from, or occasioned by such second sale, and incident thereto, shall be borne and paid by such defaulter, as liquidated and settled damages ; but any increase in price shall belong to the vendor. I the undersigned, (purchase?'), of, &c.. Carpenter, having, at the before-mentioned auction, been declared the purchaser of lots and mentioned in the annexed particulars, and paid the sum of £ as a deposit on, and in part of my purchase money, according to the foregomg conditions [of sale], hereby agree to fulfil such conditions in all other respects (e), And I the undersigned C. D., the auctioneer, hereby confirm the said sale on behalf of the Earl of D., the vendor. Dated this day of , 18 — . £ s. d. Total purchase moneys {Signatures.) Deposit paid thereon (Stamp.) Eemaiuder unpaid £ No. 8. Of Shares. 1. The shares shall be offered in lots (/), or in such other lots as the auctioneer shall declare at the auction, and subject to such rights and equities as the vendor now holds (g) the same. shall, within days after their approval, attend at the office of the auctioneer [ or, A. B.— at W., aforesaid,] and execute such security; which is to he prepared and perfected at the purchaser's expense. (d) Or, — until such security shall have been given. (c) If nun-ties hi- ivijiin-til, i-rrc mlil, and for the due performance whereof I hereby offer Mr. A. B., of, &c. [maltster] as my surety ; and I do hereby expressly declare, that the due performance of this agreement, and the foregoing conditions, as part thereof, shall be deemed a separate, as well as joint obligation and charge on me and my sureties respectively ; so that no act or event shall discharge or exempt either of us from liability under the said conditions in case of breach or non-performance thereof. U ) ^'''' — ^ ^°^^ °^ ■ ^^^ shares each. iu) ^'"> — *^ ^°^ affect. PRACTICAL FORMS. 175 2. The highest bidder for each lot shall be the purchaser ; but if any dispute arise between two or more bidders, the lot iu dispute shall be put up again at the last undisputed bidding ; or such dispute shall, at the option of the auctioneer, be decided by him. 3. No person shall advance less at any bidding for either lot than a sum to be named by the auctioneer, who shall have the right ot rejecting any bidding. The vendor reserves the right to bid once for each lot. 4. Immediately after the sale, the purchaser of each lot shall give his full name, address and occupation, and pay to the auctioneer a deposit of £ per cent, on and in part of his purchase money ; and shall pay the remainder of his purchase money to the vendor at the office of Mr. A. B., his solicitor, in ^Street, at W., on the day of next, when the vendor will execute a transfer of the shares to him ; such transfer to be, iu all respects, at the expense of the purchaser ; and if from any cause whatever, the purchase shall not be completed on the said. day of next, tlte purchaser shall pay interest on the unpaid purchase money from tiiat day, alter the rate of £ per cent, per annum, until the completion thereof. 5. The purchaser of the first lot shall, at the discretion of the auctioneer, have the option of taking the v,'hole or part of the remaining lots at the same price per share, as such first lot. 6. If the purchaser of any lot shall neglect or fail to comply with the foregoing conditions, the deposit money shall be forfeited absolutely, and the lot re-sold : and the deficiency (if any), together with all losses and expenses attending such re-sale, shall be made good by such defaulter, and shall be recoverable as and for liquidated damages. I {the ])urchaser), hereby acknowledge that, being the highest bidder for lot , I have, at the before-named auction, been declared the purchaser thereof at the sum of pounds, subject to the foregoing conditions, and have accordingly paid the auctioneer a deposit of pounds on, and in part of such purchase money ; and I hereby agree to complete my said purchase, in all other respects, according to said conditions of sale. And I (the auctioneer), on behalf of Mr. the vendor, hereby confirm the sale. Dated this day of , 18 — . £ 8. d. Purchase money {Signatures.) Deposit paid {Stamp.) Eemainder unpaid £ . . . 176 PBACTIOAL FORMS. No. 9. Of Pictures. {Comjyrised in the foregoing Catalogue.) 1. The highest bidder for each lot shall be the purchaser ; and, if any dispute arise respecting any bidding (7i), the lot in dispute shall, at the discretion of the auctioneer, either be continued from the last undisputed bidding or be put up again. 2. Each bidding shall be (^) in the proportion of pounds per cent, whilst the highest bidding is under pounds, and of per cent, when above that sum. 3. Each purchaser shall, if required, give his proper name and address, and immediately after the sale pay a deposit, on account of his purchase money, and in default thereof, the lot or lots purchased by him may, at the discretion of the auctioneer, then, or at any time thereafter, be offered and resold. 4. To prevent mistake in the delivery and inconvenience in the settlement of the purchase, no lot will, on any account, be permitted to be removed during the time of sale ; and the remainder of the purchase money must be paid, on delivery of each lot [to the auctioneer or to a person appointed by him to receive it and deliver the lot]. 5. Each lot shall be taken away with all defects [faults], at the purchaser's expense and risk, the day {h) after the sale ; and neither the vendor, nor the auctioneer, shall be answerable for the safety of, or injury to, either picture after the fall of the hammer {I), nor for any error or misdescription of either picture or lot or for the authenticity thereof. 6. The deposit money of each purchaser failing to comply with these conditions shall be absolutely forfeited to the vendor ; and all l(jts not removed within the time stated in the last condition shall be [retained by him or] resold [by public or private contract], and the deficiency, if any, and the expense of attending such resale, shall be paid by such defaulter; but any increase in price shall belong to the vendor. No. 10. Of Books. {Comprised in the foregoing (m) Catalogue.) 1. The highest bidder for each lot shall be the purchaser ; and (h) Or,— the auctioneer may reject that or any other bidding for the lot. (i) Or, — shillings when above pounds, shillings when above pounds, and so on in proportion. (/.:) (Jr, within two days. (/) Or, — the delivery thereof. This seems to be the proper time for their risk to cea.se if the lot i.s to rcinaiu in their custody till the day after the sale. (w) These condition.^; are usually printed on the first sheet of the catalogue ; but when not, substitute "annexed " for " foregoing." FRAOTICAL FOIiMS. 177 any disputed bidding shall, at the discretion of the auctioneer, either be annulled or the lot [immediately] put up again. 2. The amount of the bidding {n) shall be named by the auctioneer before putting up each lot. 3. Each purchaser sliall, if required, give his name and place of abode, and pay [down] a deposit of per cent, on, and in part of his purchase money, or the lot or lots purchased by him may be immediately put up again and resold. 4. Each lot [of books] shall be taken to be perfect, unless other- wise expressed or declared by the auctioneer ; but if upon collating any lot, at the place of sale, it should prove materially defective, the purchaser shall thereupon be at liberty either to reject it, or to take such imperfect part at such reduced price as the [vendor or] auctioneer shall then determine. 5. The sale of any lot shall not be annulled on account of any stained or damaged (but not imperfect) leaves in any of the books comprising it ; nor shall the vendor or auctioneer be answerable for its safety or condition after the fall of the hammer. 6. Each purchaser shall, on the day (o) of sale, take away, at his own risk and expense, the lot or lots purchased by him and pay the residue of the purchase money on or before its delivery. 7. The deposit money of each purchaser shall, upon his failing to comply with these conditions, be absolutely forfeited to the vendor ; and all lots not removed at the time stated in the last condition, shall be [retained by him or] resold [by public or private contract], and the deficiency, if any, on such resale shall be paid by such defaulter ; and any increase in price shall belong to the vendor. No. 11. Of Books. (Short Form.) 1. The highest bidder to be the buyer, and if any dispute arise between two or more bidders, the lot so disputed shall be immediately put up again and resold. 2. No person to advance less than sixpence ; above ten shillings, one shilling ; above five pounds, five shillings ; and so on in pro- portion. 3. The purchasers to give in their names and places of residence (if required), and pay down a deposit of 30 per cent, in part payment of the purchase money ; in default of which the lot or lots so purchased will be immediately put up again and resold. 4. The lots to be taken away at the purchaser's expense within (to) See next form, condition 2. (o) Or, — after — or, immediately — or, day — after the sale. 178 PRACTICAL FORMS. two days after the sale ; the remainder of the purchase money to be absolutely paid on or before delivery. •5. The books are presumed to be perfect, unless otherwise expressed ; but if upon collating at the i)lace of sale, any should prove defective, the purchasers will be at liberty to take or reject them. 6. Upon failure of complying with the above conditions the money deposited in part payment shall be forfeited ; and all lots uncleared within the time aforesaid shall be resold by public or private sale, and the deficiency (if any) on such resale shall be made good by the defaulters at this sale. No. 12. Of a Printer s and Publisher's Stock ivith Coj^yrights. 1. The highest bidder to be the buyer, and if any dispute arises between two or more bidders, the lot so disputed shall be immediately put up again and re-sold. 2. No person to advance less than sixpence ; above ten shillings, one shilling ; above five pounds, five shillings ; and so on in pro- portion. 3. The purchasers to give in their names and places of residence (if required), and pay down a deposit of 30 per cent, in part pay- ment of the purchase money, in default of which the lot or lots so purchased will be immediately put up again and resold. 4. The lots to be sold with all faults and errors of description, and must be paid for in cash on or before delivery. The miscel- laneous stock, i.e. the stock comprised in the first day's sale, to be delivered at (p). The stock of the publications and all stereotype plates, stereo-moulds, or other plant, to be delivered at (q) printing offices, in , and removed thence at the sole risk and expense of the purchasers within two months after the date of sale. 5. The copyrights, stereo-plates, moulds, bound and quire stock of the publications will be ofiered on the second day of sale in one lot, and in the event of the same being sold, approved bills with security (if required) will be taken in settlement at two, four, and six months, from (date) ; or a discount (after deducting the deposit) allowed at the rate of 5 per cent, per annum for unexpired time. 6. In default of a sale in one lot, as mentioned in the preceding condition, the publications will be offered in lots, the copyrights (where existing), stereo plates, moulds, bound and quire stock of each work being offered together; should any of the bound stock be inadvertently omitted from the catalogue (which is not antici- (ji) The addross of the auctioneers. ('/) The name of the printer. PRACTICAL FOB MS. 179 pated), the purchaser of each lot shall be at liberty to take such bound stock at half the selling price of each respective work. If any of the lots are not sold as provided in this clause, the vendors reserve the right to subdivide them as they may think fit. 7. The copyrights will be assigned from the present proprietors to the purchaser by the ordinary receipt, or by assignment, at the purchaser's expense ; but, should the vendors be unable to complete the delivery of any work or the assignment of any copyright to the satisfaction of the purchaser, they reserve to themselves the right to annul the sale, so far as the disputed lot or lots are concerned, upon the return of any deposit that may have been paid thereon. 8. Upon failure of complying with the above conditions, the money deposited in part payment shall be forfeited ; and all lots uncleared within the time aforesaid will be resold by public or private sale, and the deficiency (if any) on such resale shall be made good by tbe defaulters at this sale. No. 13. Sale on the Usual Conditions. 1. The highest bidder shall be the purchaser, and if any dispute arise between two or more bidders, the lot shall, if the auctioneer so decide, be put up again. The vendor reserves the right to bid for, and buy in, by himself or his agent, any lot or lots ; and for the auctioneer to accept or refuse any bidding. 2. No person to advance less than a sum to be named by the auctioneer before or during: the biddings. 3. Each purchaser shall pay, at the time of sale, a deposit of £ per cent, in part payment for each lot, and if required state his name and place of abode. 4. The lots shall be paid for and cleared away, with all faults and errors of every description, on the day after the sale, and neither the vendor nor the auctioneer shall be responsible for any lot after the fall of the hammer, or for any error, defect, or misdescription whatever in any lot or luts. 5. On failure to comply with these conditions, or either of them, the deposit money paid, as well as the lots which shall remain unpaid for or uncleared, shall be forfeited to the vendor ; who may retain or resell them either by public or private sale ; and the deficiency (if any) occasioned by such second sale, together with all charges attending the same, shall be borne and paid by the defaulter. 180 PRACTICAL FORMS. PAET XIX.— CONSENTS. No. 1. Of proposed Neir Trustee to act (r). 18—, — , No. — . In the High Court of Justice. Chancery Division. {Name of Judge.) Between, t^'C. {stating the parties). I, A. B., of , Grocer, hereby consent to act as trustee of the {describe the itistrumeiit). {Signed) A. B. I, C. D., of , Solicitor, hereby certify that the above-written signature is the signature of A. B., tlie person mentioned in the above- written consent. Dated this day of , 18 — . {Signed) C. D. (s) Solicitor for the said A. B. No. 2. To Entry of Satisfaction on a Bill of Sale. In the High Court of Justice. Queen's Bench Division. I, the undersigned , of, &c,, Grocer, being the person en- titled to the benefit of the bill of sale hereinafter mentioned, hereby consent to an order that a memorandum of satisfaction be written upon the registered copy of the bill of sale, bearing date the day of , 18 — , and made between {the grantor), of the one part, and {the grantee), of the other part, and given to secure the sum of £ , and a copy of which said bill of sale was registered on the day of ; the del)t for which such bill of sale was given having [this day] been [fully paid and] satisfied, or discharged {t). Dated this day of , 18 — . {Signature.) {r) By the Rules of the Supreme Court of December, 1885 (Ord. 38, r. 19a and Form 29, App. L.), the consent of a new trustee to act is sufficiently evidenced by a written consent sip;ned by him and verified by the signature of his solicitor. (s) The words fallowing are no part of the original form, but are necessary to meet the requirements of Ord. 38, r. 19a. (t) The words of s. 15 of the lUlls of Sale Act, 1878, are " satisfied or discharged," which may mean the dcUt has been satisfied by composition or altogether discharged trom payment, so that the more expressive word " paid " would seem appropriate when the debt has been actually satisfied by payment in cash. For the form of aftidavit verifying consent, see ante. Part xiv. No. 0. It is convenient, and was at one time required in practice, that the witness should be a solicitor, but this does not appear to be essential ; White v. Rabey, 29 L. J. N. C. 470. See also R. S. C. 1883, Ord. (U, r. 26 ; Practice Master's Rules, 25. PRACTICAL FORMS. 181 No. 3. To a Judges Order (u). 1, the above-named defendant, hereby consent to an order being made in the terms of the within summons (x), and I request , solicitor of the Supreme Court, to act on my behalf and witness my signature hereto. Dated the day of , 18 — , (Signature of defendant.) Signed by the said (defendant), the within- 1 named defendant in my presence whilst acting as his solicitor on his behalf, and I hereby attest his signature to the above-written consent as such his solicitor, in pursuance of the rule of Court in that behalf. of, &c.. Solicitor of the Supreme Court. PAKT XX.— CONVEYANCES. No. 1. Vendor to Purchaser in Fee (2/). This Indenture of conveyance made this day of , 18 — , Between (the vendor), of, &c., Grocer, of the one part; and [the jjur chaser) , of, &c., Draper, of the other part. {li) The consent must be in writing, and attested by a solicitor unless the defen- dant consents in person (see Rules of Supreme Court, 1883, Ord. 41, r. 10). No stamp required. (./:) The summons on which this consent is endorsed will state the terms under which the order for judgment or for staying proceeding is to be made, as that : upon payment of £ , the debt due from the defendant to the plaintiff for which this action is brought, together with costs to be taxed, all further proceedings in this action be stayed, but in case default be made in payment of the said debt and costs within days after taxation of the costs, the plaintiff \_or, plaintiffs — vr, the sui-vivors of them shall be at liberty to sign final judgment and issue execution for the whole amount remaining unpaid at the time of such default, with costs of judgment and execution, sheriffs poundage, officer's fees, and all other incidental expenses — or, that all fm-ther proceedings in this action be stayed ; but in case default be made in payment of £ , the debt in this action, as agreed, with interest thereon at per cent, per annum, from the day of , and costs to be taxed as between solicitor and client [_vr, and £ for costs as agreed — vr, as the case may be], the plaintiff shall be at liberty to sign final judgment and issue execution for the amount remaining unpaid at the time of such default, with costs of judgment and execution. If the order empowers plaintiff to enter judgment aud issue execution in a per- sonal action against defendant, it must be registered in the Bills of Sale Department C. 0. wdthin twenty-one days or its validity against creditors will be lost. {y) Stamp ad valorem on consideration, see Stamp Act, 1891, tit. " Conveyance.'''' 182 PRACTICAL FORMS. Wheeeas {%) the said (a) {vendor), being the beneficial owner, in fee simple, free from all [charges and] incumbrances, of and in the land and hereditaments hereinafter described, has contracted with the said (imreliaser) for the absolute sale to him thereof, at the sum of pounds. Now THIS Indenture witnesseth that, in consideration [of the sum] of pounds, sterling, paid to the said {vendor) by the said {imreliaser), of which sum he the said {vendor) acknowledges the receipt (&), He, the said {vendor) as [such] beneficial owner [as aforesaid] hereby conveys to the said {imreliaser) All that, &c. (c). To HOLD [the same] to, and to the use of the said {jmrchaser) in fee simple absolutely. In witness, &c. {see pp. 94, 97). No. 2. On a Sale, the Mortgagee Joining (d). This Indenture made the day of , one thousand eight hundred and , Between {the vendor), of, &c. [draper], of the first part ; {the mortgagee), oi, &c. [grocer], of the second part; and {the purchaser), of, &c. [builder], of the third part. Whereas by an Indenture, dated, &c., and made between, &c., (z) This recital can, of course, he omitted altogether if desired, in which case the \vitnespin) To be given to the tenant on admittance or enrolment as a condition entitling the steward to any fee on such admittance on enrolment. Copyhold Act, 1894, 8.42. PS ACTIO AL FORMS. 187 PART XXI.— DECLARATIONS. No. 1. By Solicitor that Writ luas (or ivas not) issued hij him (q). 18—, — , No. — . In the High Court of Justice, Queen's Bench Division (r). Between, &c. Sir, The writ of summons in this action was issued by me (s). Dated the day of , 18 — . Yours, &c., (Signature) (t). To Mr. (u). No. 2. Of Names and Residences of persons constituting Firm {v). 18—, — , No. — . In the High Court of Justice, Queen's Bench Division [x). Between, &c. Sir, . . The names and places of residence of all the persons constituting the firm of & Co., the above-named plaintiffs, are as follows :— , who resides at . Dated the day of , 18 — . Yours, &;c., {Signature.) Plaintiff's Solicitor (y). To Mr. , Defendant's Solicitor (2). (9) This declaration is now required to be in writing (Rules of Supreme Court, 1883, Ord. 7, r. 1) : see demand preceding tins declaration, post, tit. " Demands.'^ (r) Or, as the case may be. (s) Or, — with my authority — or, privity — or, was not issued by me, nor with my authority or privity. (t) The solicitor whose name was indorsed on the writ. (u) The defendant or his solicitor, as the case may be. (y) See Rules of Supreme Court, June, 1891, 6 48 a r. 2, and for the demand to which this declaration is an answer, see post, tit. " Demands." (x) Or, as the case may be. (y) Or, the partners of the firm. (z) Or, to the defendant himself if the demand was made by him. 188 PB ACTIO AL FORMS. No. 3. By Lodger that Tenant does not own Goods {a). To (5). I, the undersigned, a lodger in , hereby declare that (c) has no right of property or beneficial interest in the furniture, goods, and chattels of which an inventory is annexed, but such furniture, goods, and chattels, are my property {d). I further declare that I owe (e) £ on account of rent due from to . Inventory. {Sere give correct list (/) of articles claimed.) (Signature.) No. 4. To accompany Application for Certificate of Incorporation of Building Society (g). Building Societies Acts. Building Society. I, , of , do solemnly and sincerely declare that at a general meeting of the Society, specially called lor that pur- pose, authority was duly given to me to make application for the incorporation of the said Society under the above-mentioned Acts ; and that the rules of the said Society have been certified under the 6 & 7 Will. 4, c. 32. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. {Signature.) (a) By the Act to i^rotect the goods of lodgers against distresses for rent due to the superior landlord (34 & 35 Vict. c. 79), if a distress is levied or threatened upon the furniture, goods, or chattels of a lodger, he may serve a declaration in writing (with inventory annexed) upon the superior landlord or bailiff, or other person employed by the landlord, that the immediate tenant has no property in the goods distrained, and may pay, or tender, to such landlord or bailifl" any rent due to his immediate landlord, after which, if the levy is proceeded with, the distress will be deemed illegal. (h) Name of superior landlord, or bailiff. (c) Name of immediate tenant of superior landlord. (c^) Or, — are in my lawful possession. (e) Name of immediate landlord, or lodger. (/) If the lodger knowingly make any statement in the declaration or inventory which is untrue in any material particular, he will be guilty of a misdemeanour. As to who is a lodyer, see Phillips v. Hanson, 3 C. P. D. 26. As to the necessity for the declaration applying to the particular distress then made, see Thwaites v. Wilding, 11 Q. 15. ]). llil. () of the said Society. That on the day of , 18 — , and therein men- tioned, were appointed trustees of the said Society. (I) See Form (H), iu Appendix to the Treasury Regulations (Building Societies) of 1882. (m) For the form of notice, sec post, tit. " Notices.^'' (n) See Form (K) in the Appendix uf the Treasury Regulations (Building Societies) of 1882. For the applications to accompany this statutory declaration, see Form (T) of the same regulations. For a similar form in the case of industrial societies, see Form (N) in the Appendix to the Treasury ilegulatious of October 21, 187G, issued under the 3'J & 40 Vict. c. 45. (o) (Jr, other officer, namiiii;; the office. (p) Or, — committee of management. PRACTICAL FOIiMS. 191 That on the day of , IS — , the sum of was invested in the purchase of stock, transferable at the Bank of England (q) in the names of the said trustees, and the declarant believes that it is still standing in their names, as follows : — (r). That the said is absent from England (s). That on the day of the said was removed from his appointment as one of the said trustees, and was appointed in his place. That since such removal, application has been made in writing to the said (t) to join in the transfer of the said stock into the names of the said (t) as trustees for the said Society, but he has refused to comply (u) with such application (x). And I make this solemn declaration, conscientiously believing, &c. (as in Form No. 4, supra). {Signature.) Taken and received before me, \ &c. (as in Form No. 4, suiwa). \ {Signature.) No. 9. By Officer of Provident Society accepting Transfer of Engagements {y). Industrial and Provident Societies Act, 1893. County of to wit. Name of Society , Limited. Kegister No. {z). I, of , an officer of the above-named Society, do solemnly and sincerely declare that by a resolution of a meeting of the Society held on the day of , at (a), the Society has undertaken to fulfil all the engagements of the Society, limited. Kegister No. (h). And I make this solemn declaration, conscientiously believing, &c. {as in Form No. 4, sicjora). {Sigjiature.) Taken and received before me, [ &c. {as in Form No. 4, supra). ) {Signature.) (q) Or, — Ireland. (r) State as in Form (I) accompanying the declaration, see n. (n), p. lUO. (s) Or, as the case may be. (t) These blanks will l)e filled in as in Form (I), see n. (ii), p. lUO. (u) Or, — has not complied. (x) This paragraph must be omitted or varied according to the facts. (y) See sects. 52, 53, 56, and 57 of the Industrial and Provident Societies Acts, 1893. (2) If the society is registered in Scotland or Ireland, add — Scotland^o/-, Ireland, as the case may be. (a) Or, as the case may be, stating by what authority the transfer is accepted. (b) Add — Scotland— or, Ireland, if required. 192 PRACTICAL FOBMS. No. 10. To accompany Instrument of Dissolution of Building Society (c). Building Societies Acts. Building Society, Kegister No. I, , of , an officer of the above-named Society, do solemnly and sincerely declare that the instrument of dissolution {d) appended to this declaration is signed by not less than three-fourths of the members, liolding not less than two-thirds of the number of shares in the said Society. And I make this solemn declaration, conscientiously believing, &c. {as in Form No. 4, supra). (Signature.) Taken and received before me, ] &c. {as in Form 4, supra). j {Signature^ No. 11. Of Amount of Interest {or Dividends) to he paid into Court (e). In the High Court of Justice, 18 — , — , No. — . Chancery Division. Mr. Justice . Between, &c. {as at p. 56). I, {declarant}, of {residence and occupation), do solemnly and sincerely declare that — 1. Tiie interest on the sum of £ in the order made in this action, dated the day of , 18 — , mentioned, at the rate of £.5 per cent, per annum from the day of , 18 — , to the day of , 18 — , the day for payment into Court of the said sum pursuant to the said order (/), and which interest {g) pursuant to (c) This statutory declaration is to accompany the instrument of dissolution, of which the form is ^iven in Form(M) of the Treasury Regulations (Ikiildinf;; Societies) of 1882. For a siniihir declaration under the 39 & 40 Vict. c. 45, see Form A 2 in the Appendix to the Treasury Regulations (Industrial Societies) of October 21, 1876. (d) Or, — the alteration of the instrument of dissolution. (e) See Supreme Court Funds Rules, 18'.J4,Nos. b-l\) to 42-90. In most cases the correct amount can and would be inserted in the lodgment schedule to the order directing payment, but if this requires to be verified this declaration would be necessary. (/) Or, — the dividends on the £ Consolidated £3 per cent. Annuities (or what- ever is included in the order) in the order made in this action, dated the day of , 18 — , mentioned, which were due at the date of the said order. (ly) Or, — dividends — "/•, which sum and interest. PRACTICAL FOIUIS. J 93 the said order is (A) to be paid into Court to the credit of (/) amounts (A-) to the sum of £ , and no more, after deducting the sum of for income tax. And I make this solemn decLaration, conscientiously believing the same to be true, and by virtue of, &c. {as in Form 4, sKpra). (Sif^natnre.) Declared at, c*cc, (as in Form -i, suiora). {Signature?) Filed on behalf of . No. 12. Of Life of Payee ij). In the, kc. (as in tJie preceding form). I, (declarant), of, &c., Grocer, do solemnly and sincerely declare that— 1. (Name of imyee), the person named in an order made in the action, 18 — , No. — , v. , dated the day of , 18 — , was alive on the day of , 18 — , and is, as I verily believe, still living. And I make this solemn declaration, conscientiously believing, etc. {as in Form No. 4, supra). (Signature.) Declared, &c. (as in Form No. 4, supra). (Signature.) (h) Or, — are. (i) Follow order. (/i-) Or, — amount. (if) To entitle a person to receive dividends or other periodical payments from the ]>ay office of the Supreme Court, the paymaster only requires a declaration signed by the solicitor (not the firm) acting on behalf of the payee, or a declaration signed, by the payee himself, but in that case it must be attested by a justice of the peace, or a commissioner to administer oaths, or a clerk in holy orders, or a notary public; but lor other purposes the paymaster may require an affidavit or statutory declaration under 5 & 6 Will. 4, c. G2 ; see Supreme Court Funds Rules, 1894, Nos. 44 to 68. O 194 PRACTICAL FORMS. No. 13. To obtain Remittance hij Post of Money Payable tinder an Order of the Supreme Court (on). (Postal address.) [Date.) In the High Court of Justice. IS — , — , No. — . — — Division. Between, tVc. Order dated the day of , 18 — . (Title of ledger credit of cause or matter in Pay Office boohs.) T, the undersigned, declare that I am the person to whom the sum of £- is directed to be paid by the above-cited order of the High Court of Justice, and I request the Paymaster-General to transmit to me by post, to the above address, the necessary direction or other authority to enable me to obtain joayment of the said sum. (Signature.) We certify that the person who has signed this request^ is known to us, and is the person to whom the sum therein \ mentioned is directed to be paid by the above-mentioned i order. j (Signatures) (n). To the Assistant Paymaster-General, Eoyal Courts of Justice, London. No. 14. By Parliamentary Voter as to his Place of Abode (o). I, (declarant), of (place of abode), on the list of ownership voters for the parish (j)) of , in the county (q) of , do solemnly and sincerely declare tlmt I possessed on the last day of June now last past the same qualification in respect of which my name has been inserted in such list, and that my true place of abode is now . Made and subscribed before me,'^ (Signature and place of the day of , IS — . j ahode.) (Signature of justice, or person authori::ed to administer oaths in the High Court.) Statement of his quality, as Justice, or, &e. (to) This formol" ileclar.'Uion and request is required In- tlie Supremo Court Funds llules, 18'J-i, r. 48, aud is iu the form ijitiierto used, which, however, has not been again scheduled. (?/) To lie sisned by a justice of the peace, or a commissioner to administer oaths, or a clerk in holy orders, or a notary public. (o) See Form No. 7 in Schedule 2 of Registration Act, 1885. This is the same as the form in Schedule (]>) to the County Voters Registration Act, 1865 (28 Vict. c. 3G), omitting the vvord "ownership" and substituting "July" for "June." (jp) Or, — township. (7) C'r, — in the division of the coixnty. PB ACTIO AL FOIUIS. 195 No. 15. For Correcting Misdescription in Occujjiers or old Lodgers List of Parliamentanj Voters (r). -, in the parish of , in the comity (s) of •, I, , of - do solemnly and sincerely declare as follows : — 1. I am the person referred to in the list of (t), made out for the parish (ii) of , by an entry as follows : — Xame as described in list. Place of abode as described in list. Xature of qualification as described in list. Description of qualifying property. Giles, John High Street Tenement Hill Farm, Green Lane. 2. My correct name and place of abode, and the correct particulars respecting my qualification, are, and ought to be, stated in the register about to be made up of parliamentary voters for the county {x) of , as follows : — Correct name. Correct place of abode. Correct nature of qualification. Correct description of qualifying property. Giles, Joseph 15, High Street Land and tenement Church Farm, Green Lane. Dated this day of -, 18-. Made and subscribed before me ) this dav of , 18 — . ) Justice of the Peace for (Signature.) (Signature.) No. 16. For Correcting Misdescription in List [Borough Registration) (y). I, (declarant), of Ko. , in the parish of , in the (r) See Form (M) in Schedule 2 of Registration Act, 1885. lu the case of a declaration by a person on the old lodgers' list, the form must be adapted to suit that list. (s) Or, — for the division of the county. (t) Specifyiup; the particular list. (u) Or, — township. (x) Or, — for the division of the county. (y) See Form (M) in 3rd Schedule to Itegistratiou Act. 1885. This form must be adapted to suit the various lists. 196 PRACTICAL FORMS. , in the county (z) of , and (a) in -, do solemnly and sincerely declare parliamentary borough of — the municipal borough of - as follows : — 1. I am the person referred to in division parliamentary voters and burgesses made out in divisions (b) for the parish (c) of , by an entry as follows : — of the list of Name as described in list. Place of abode as described in list. Nature of qualification as described in list. Description of qualifying property. Brown, John High Street Shop 2, Shire Lane. 2. My correct name and place of abode and the correct particulars respecting my qualification are, and ought to be, stated for the pur- poses of the register of parliamentary voters for the parliamentary borough (d) of , and (e) the burgess roll about to be made up of burgesses for the municipal borough of , as follows : — Correct name. Correct place of abode. Correct nature of qualification. Correct description of qualifying property. Brown, Joseph 15, High Street House 24, Shire Lane. Dated this day of -, 18—. Made and subscribed before me this day of before me, | , 18 . 5 Justice of the peace for (Signature.) (Signature.) No. 17. Bi/ Parliamentary Voter of In ah Hit g to Read ( /). I, (voter), of , being numbered on the register of voters for the county (g) of , do hereby declare that I am unable to read. (Voter's name) X his mark. I, the undersigned, being the presiding officer for the pollin The day of -, 18—. (2) Or, — in the division of the county. (a) Add this, if so. Hj^ (jy^ — in the list of (specifying the particular list) made out for, &c. (c) Or, — township. {d) Or, — for the division of the county — or, for the county of, &c. (e) Add this, if so. (/) See Second Schedule to Ballot Act, 1872. FEACTICAL FOBMS. 197 station for the county {g) of , do hereby certify that the above declaration, having been first read to the above-named {voter), was signed by him in my presence with his mark. (Signature of presiding officer.) Presiding officer for polling station for the county {g) of , the day of , 18 — . No. 18. Bij Candidate of Appointment of ParUamentartj Electiou Agent (h). To The Keturning OfiScer at the election for the (i) of . I, (candidate), of , a candidate at the present election to serve in Parliament lor the (i) of , hereby declare that the name and address of the election agent appointed by me is as follows: — , of No, — , Street, in the said (i), and the said address is the office or place to which all notices, tl'C, may be sent. Dated the day of , 18 — . (Signatiire.) No. 10. Bij Candidate for Parliamentary FAection as to Expenses (k). I, (declarant), having been a candidate at the election for the county (?) of , on the day of , do hereby solemnly and sincerely declare that I have examined the return of electiou ex- penses transmitted (m) by me (n) to the returning officer at the said election, a copy of which is now shown to me and marked , and to the best of my knowledge and belief that return is correct (o). And I further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no person, nor any club, society, or association, has on (g) Or, — borough — or, division of the county — or, borough. (h) This diiclaration ia writing must be made to the returning officer by the candidate, or some other person on his behalf, on or before the day of nomination, see sects. 24 (3) and 2G (1) of Corrupt and Illegal Practices Prevention Act, 1883. For form of appointment of electiou agent, see Part V., Form No. 2. (i) County — or, borough — or, division of the county—"/-, borough. (k) See Corrupt and illegal Practices Prevention Act, 188:!, s. 33, and second schedule, part i. (0 Or, borough— c//-, division of the county— o?-, borough. (7?i) Or, — about to be transmitted. (n) Or (if the candidate is not his own election agent)— by my election agent. (o) The form of return is — l,(raiididate),c%niiia.te at the election for the county [c?-, borough] of on the day of , 18 — , acting as my own election agent, make the following return respecting my election expenses at the said election. (-St^ out list of llt'celpts and E.qiendituri..) See 2""^f, "• (0- 198 FE ACTIO AL FOB MS. my behalf made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or manage- ment of the said election. And I further solemnly and sincerely declare that I have paid Q;) the sum of pounds and no more, for the purpose of the said election, and that, except as specified in the said return, no money, security, or equivalent ibr money has to my knowledge or belief been paid, advanced, given, or deposited by any one, to or in the hands of myself (q) or any other person for the purpose of defraying any ex- penses incurred on my behalf on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide, or be party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. (Declarant.) Signed and declared by the above-named \ declarant on the day of , 18—, before I (Signature.) me, ) (Magistrate.) Justice of the Peace for . Xo. 20. Same hy Election Agent (r). I, (declarant), being election agent to , candidate at the election for the county (s) of , on the day of , do hereby solemnly and sincerely declare that I have exammed the return of election expenses about to be transmitted by me to the returning officer at the said election, and now shown to me and marked , and to the best of my knowledge and belief that return is correct (t). And I herebv further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my know- 0') ^>''-> — that I have paid to my election agent. (,^) Or,— in the hands of my election agent, or any other person. (>•) See D. (Jc) to previous i'orin. (s) Or, — borough— or, division of the county— O/-, borough. (0 The l"oriii (it return is :— I, {iJcctinn. uncut), being election agent to .candidate at the election for the county [or, borough 1 of on the day of , 18 — , make the following return respecting election expenses of the said candidate at the said election. (Here set out list of Receipts and Jixpenditure ; see Corrupt and Illegal Practices rrevention Act, 18«3, sclicdulc 2, part 1 ; and as to maxmuim scale, see first schedule, part 4, of same Act.) PRACTICAL FOIiMS. 199 ledge and belief no other person, nor any club, society, or associa- tion has on behalf of the said candidate made any payment, or given, promised, or offered any reward, office, employment, ov valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I have received from the said candidate pounds and no more («) for the purpose of the said election, and that, except as specified in the said return sent by me, no money, security, or equivalent for money has been paid, advanced, given, or deposited by any one to me or in my hands, ■or, to the best of my knowledge and belief, to or in the hands of any other person for the purpose of defraying any expenses incurred on behalf of the said candidate on account of or in respect of the con- duct or management of the said election. (Declarant.) Signed and declared, &c. (as in Form No. 19). Xo. 21. Same hij Parliamentary Candidate ivhere nominated or declared in his absence (x). I, (declarant), having been nominated (y) in my absence (z) a candidate at the election for the county (a) of , held on the day of , IS—, do hereby solemnly^ and sincerely declare that I have taken no part whatever in the said election. And I further solemnly and sincerely declare that I have not (h) and no person, club, society, or association at my expense has made any payment or given, promised, or offered any reward, office, em- ployment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I have not paid (c) any money or given any security or equivalent for money to the person acting as my election agent at the said election, or to -any other person, club, society, or association on account of or in respect of the conduct or management of the said election, and that I am entirely ignorant (d) of any money, security, or equivalent for money having been paid, advtinced, given, or deposited by any one (m) Or, — nothing. • « , (J-) See part ii. ot second schedule of Corrupt and Illegal Practices Preveutiou Act, loSb. (2/) Or, — having been declared by others. (2) Or, add — to be. (a) Or, — borough— 0?-, division of the county of—"/', borough. (h) Or, — with the exception of , I have not, &c. (c) Or, — with the exception of . I have not paid, &c. {y the iJiscn'jjtion). (k) Or, — under the age of twenty-one years. 208 PB ACTIO AL FOnMS. years ago without ever liaviiifr been married ; but although I have made very dih'gent search and inquiry for, I have not been able to ascertain the place of her burial, or, consequently, to procure a oertifieate of her burial. 20. And I make this solemn declaration, kc. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signatui'e.) Filed on behalf of . No. 29. Another Form. In the, &r. (as in form No. 26). I, (the declarant), of, &c.. Gentleman, do solemnly and sincerely ■declare : — 1. That I knew and was well acquainted with C C, formerly of, &c., and afterwards of, &c.. Victualler, the eldest legitimate son of J. C., heretofore of K., aforesaid. Victualler, deceased. 2. That the said J. C. died in or about the year one thousand eight hundred and , intestate, as I verily believe, leaving C. C, late of K., aforesaid. Victualler, his eldest legitimate son and heir-at- law, him surviving. ?>. That the said C. C. also died in or about the month of , in the year one thousand eight hundred and , intestate, as I verily believe, leaving T, C, late of, &e., Grocer, his eldest legitimate son and heir-at-law, him surviving. Subscribed and solemnly declared, c^-c. (as in Form No. 26). (Signature.) 4. And I make this solemn declaration, — lieard my parents say. ('/) ''''■j — city — or, village. PEACTICAL FORMS. 211 No. 42. That a Particular Person is still liviny. In the, &c. {as hi Form No. 26). I, {tlie declarant), of, &c., clerk to D. D., of the same place, solicitor, do hereby solemnly and sincerely declare : — 1, That I know and am very well acqnainted with {the annuitant or other iMrty),oi, &c., a retired Draper; and that I verily believe he is now alive, having seen and conversed with him this day {r), being the day of , one thousand eight hundred and , when he appeared and stated himself to be in perfectly good health. 2. And I make this solemn declaratiou, &c. {as in Form No. 26). (Signature.) SuBSCPJBED and solemnly declared, &c. {as in Form No. 26). (Signature.) Filed on behalf of . No. 43. Of Identity of Persons. In the, &c. (as in Form No. 26). I, (the declarant), of, &;c., Gentleman, do solemnly and sincerely declare : — 1. That I knew and was well acquainted with H., the Avife of J. W., of, &c., Draper, deceased, formerly H. C, spinster ; having been on terms of intimacy with her family many years before her marriage (s). 2. That the said H, W. died in or about the month of , 18 — , in childbed {t). 3. That I have heard and always understood, and never having heard to the contrary, now verily believe, that the child, in the giving birth to which the said H. W. died as aforesaid, lived a few hours only (u). 4. That from the intimacy which subsisted between me and the said J. W. down to the time of his death, I am therefore enabled to speak positively, and without doubt, to the fact of the said H. W. having died without other lawful issue, and of the said J. W. having, after her death, married again, and had children by a second wife whose maiden name was J. K., and who before the marriage resided at W. aforesaid. (r) Or, — yesterday, being the day of instant — "/■, on the day of instant — ur\ last. (s) Or,— That I knew and was well acquainted with J. W. and H. his wife, having been on terms of intimacy with the families of the said J. W., as well of the said H. W., his wife, many years before their marriage, &c. (t) Or, as the case may be. (m) Or, — was stillborn— or, if twins, that of the two children, in the giving of birth to which the said H. W. died as aforesaid; one was stillborn, and the other lived only a few hours — vr, days only {as the case may he). 218 PRACTICAL FORMS. 5. And I make this solemn declaration, &c. {as in Form No. 26). (Sig)iatiire.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 44. Of Searches for Evidence in Support of a Pedigree. In the, &c. (as in Form No. 26). I, (the declarant), of, &c., Solicitor, do solemnly and sincerely declare : — 1. That I am years of age and upwards, and to the best of my recollection and belief, have resided at M. aforesaid from my birth to the present time. 2. That I knew and was well acquainted with J, S., the elder, formerly of, &c., Draper, and E. his wife, they having lived next door to me at a place called " Dean's," in the parish of M. aforesaid, for upwards of years, and we were consequently on terms of great intimacy [and friendship]. 3. That the said J. S. and E. S., having always lived together, were universally considered to have been lawfully married, and never having heard anything to the contrary, I verily believe such to be the fact. 4. That the said E, S. died and was buried at M. aforesaid, in or about the year 18 — , when I was about years of age. 5. Tliat I well recollect when I was about ten years old, or there- abouts, the said J. S., and my father P. G., of, &c.. Grocer, and one W. S., of M. aforesaid, Carpenter (both deceased), purchased a Bible each, and I heard them say they were intended to be used and kept as family Bibles. 6. That I shortly afterwards saw in the Bible so purchased by the said J. S. an entry, among others, containing a statement of the birth of E. S. and of her marriage with the said J. S. 7. That I have lately made and caused to be made various inquiries of different branches of the family to endeavour to trace out and obtain access to such Bible, but have hitherto been unsuc- cessful. 8. That I, on the day of , 18 — , examined a headstone erected in the churchyard of M. aforesaid, belonging to the family of the said J. S. the elder, and from the inquiries made by me as aforesaid, and from other circumstances within my knowledge, I believe such headstone was erected and paid for by W. S., formerly of M., but afterwards of N. aforesaid. Yeoman, deceased, one of the sons of the said J. S. the elder. 9. That the following are true and faithful extracts or copies of some of the inscriptions on the said headstone, namely, [Jiere copif them literally] ; and I verily believe such inscriptions relate to PRACTICAL FORMS. 219 and describe the said J. S. tlie elder and E. Lis wife, and their children. 10. That the said J. S, the elder, about years after the death of his said wife E. S., left M. aforesaid to go and reside with his said son W. aforesaid, and 1 well recollect that this was in the year 18 — , from the circumstance (liere state it). 11. That the said J. S. the elder died at N. and was buried at M. aforesaid, in the month of , 18 — , as described on the said head- stone, and I assisted as one of the bearers at his funeral, with W. J. of M. aforesaid, Miller, and others. 12. That the said J. S. the elder had sons and daughters, namely, \Jiere name i/ie?n],and that S., one of such daughters, married J. B., of, &c.. Artisan, and E., another of such daughters, married G. D., of, &c., Tailor. 13. That the said J. S. the younger was his eldest son, and married a person named J. B., from the neighbourhood of W. in the said county of H. 14. That the said W. S. (who formerly resided at M. and after- wards at N. aforesaid, where he died and was buried) married A. J., a widow, by whom he had one son named E., who died an infant of tender age, and one daughter E., who married W. N., then late of, &c., Cooper, deceased, and which said E. N. died about five years ago without issue. 15. That the said W. S. never married any other person besides the said A. J. (who survived him several years) ; and that I never heard, nor do I believe, that they ever had any other children than the said E. and E. before mentioned. 16. That I well remember the said W. S. purchasing the house and lands at N., late in the occupation of the said E. D., deceased, of one J. G., of, (fcc, Esquire. 17. That the said J. S. the younger died in the lifetime of his brother the said W. S., the purchaser of said farm and lands at N., leaving three sons, named E., S., and T. 18. That the said K. S. was the eldest son of the said J. S. the younger, and died in or about the year 18 — , leaving daughters, namely, [_8tate tJiem], and that the said D. S. married S. R., of, &c., Butcher, and to the best of my remembrance and belief, died and Avas buried at M. aforesaid about years ago. 19. And I make this solemn declaration, &c. {as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No.'26). (Signature.) Filed on behalf of . 220 FB ACTIO AL FOBMS. No. 45. Another Form. In the, &c. {as in Form No. 26). I, (the declarant), of, fcc. Maltster, do solemnly and sincerely declare : — 1. That I am aged about years, and, to the best of my recollection and belief, bave never resided out of the parish of M, aforesaid, 2. That my father, J. S. the younger, died in 18 — , when I was about years old, leaving sons, namely, S. (who was my eldest brother), S., and myself. 3. That my said brother S. married A. M., of, &c., spinster, by whom he had daughters (but no son), namely, [here state the oiames]. 4. That I attended the christening of the said A. and S. at the parish church of G., in the said county of W., in the year 18 — , and stood sponsor to each of thera. 5. That A. died when she was about years old, and S. when she was about , or weeks old, and both of them were buried in the burial-ground belonging to the Wesleyan chapel at 0., in the county of D., aforesaid, as I have always understood, and never liaving heard the contrary now verily believe. 6. That my said brother died in the month of March, 18 — , and was buried at M., aforesaid ; but his said wife survived him many years. 7. That my said niece D. was married to one S. P., of the city of B., Draper, and died about years ago, and was buried at M. aforesaid, without leaving any issue her surviving, her children having all died in infancy. 8. That my said niece C. was married to one J. A., who died about years ago, and subsequently to H. F., late of B., in the county of , Baker. 9. That my said niece J. (commonly called *•' "), was married to, and is now the wife of, J. J., of, v.^c., \eoman. 10. That at the time of the death of my said father, my uncle W. 8. was his eldest brother. 11. That my said uncle W. purchased of one J. G., of, &c.. Esquire, the farm and lauds, kc. [here clescrihe the p'operty in question], situate, &c., now in the occupation of A. B., and continued in possession thereof down to the year 18 — , when he died intestate, and was buried at N. aforesaid, leaving only one son, who died an infant of tender years, and only one daughter E., who married W. N.^ of, &c.. Cooper, and died about — — years ago, and was buried at N. aforesaid. 12. Tiiat her said husband, the said W. K, died on or about the day of now last past, and was also buried at N. aforesaid. FB ACTIO AL FOBMS. 221 13. And I make this solemn declaration, &c. {as in Form No. 26). {Signature.) Subscribed and solemnly declared, &c. {as in Form No. 2G). {Si(j!nature.) Filed on behalf of . MARRIAGES. (In support of the foregoing declarations.) Date. Names. Description. 1 Oct. 7tli, 1769 Joseph Styles and Jane Stone Son of Joseph and Edith Styles. 1 Nov. Sth, 1789 "William Styles and Amelia Joues Son of Do. 8 June 16th, 1790 Stephen Styles and Mary Green Son of Joseph and Jane Styles. 9 Aug. 6th, 1810 AVilliam Noakes and Daughter of William and Amelia Elizabeth Styles Styles. 10 May 12th, 1811 Samuel Pike and Daughter of Stephen and Mary Dorothy Styles Styles. 11 Dec. 2nd, 1818- John Adams and Caroline Styles Daughter of Do. 12 Nov. 6th, 1821 Edwin Philips and Susan Styles Daughter of Do. 13 April 7th, 1827 James James and Adela Styles Daughter of Do. 14 Oct. 3rd, 183G Henry Foot and Caroline Adams, widows Daughter of Do. BAPTISMS. Date. Christian Name. Description. 1 March 9th, 1749 Joseph Son of Joseph Styles and Edith Styles. 1 June 14th, 1750 Joseph Do. 1 Nov. 18th, 1752 William Do. 1 May 5th, 1771 Stephen Son of Joseph and Jane Styles. 1 Feb. 5th, 1791 Betsy, otherwise Daughter of William and Amelia Elizabeth Styles. 2 April 16th, 1793 Caroline Daughter of Stephen and Mary Styles. 3 Aug. 18th, 1795 Dorothy Do. 4 June 16th, 1797 Adela Do. 4 July 16th, 1799 Susan Do. 5 Jan. 18th, 1813 Louisa Dauglitcr of Samuel and Dorothy Pike. 6 Sept. 11th, 1815 Richard Son of Do. 7 Aug. 5th, 1816 Fanny Daughter of Do. 222 PBACTICAL FOEMS. BURIALS. . to o ~ ^1 Date. Names. Description. 1 June 8th, 179G Charles Son of William and Amelia Styles. 1 Jan. 2nd, 1800 Edith Wife of Joseph Styles, the elder. 1 April 19tli, 1801 Joseph Son of said Joseph and Edith. 1 Sept. 3rd, 1803 Joseph Styles The Elder. 15 Nov. 11th, 1814 William Styles His Sou. IG Nov. 10th, 1825 Louisa Daughter of Samuel and Dorothy Pike. 17 Aug. 29th, 1836 Eichard Son of Do. 1 Feb. 6th, 1840 Dorothy Wife of Samuel Pike. 18 May 1st, 1840 Fanny Daughter of said Samuel and Dorothy Pike. 19 Oct. 13th, 1843 Amelia Wife of William Styles. 20 Dec. 11th, 1844 John Adams First htisband of Caroline Styles. 1 March 3rd, 1855 Stephen Son of Joseph and Jane Styles. 21 Feb. 12th, 1857 Samuel Pike Husband of Dorothy Styles. 19 May 15th, 1861 Elizabeth Wife of William N oakes. 22 June 14th, 1876 William Noakes Her Husband. No. 46. As to Ownership and Title Deeds. {On the execution of a mortgage.) I, {the declarant), of, &c., Grocer, do solemnly and sincerely de- clare : — 1. That I am about to execute a mortgage, already prepared and ingrossed, and intended to bear date on the day of my making this declaration, and made,&c., whereby a certain dwelling-house, &c. {here describe the pro2yertg shortly, hut so that it might he easily identified with that in the mortgage {x) ), which premises are intended to be mort- gaged by me to the said {mortgagee) for securing the sum of pounds and interest [at the rate of per centum per annum]. 2. That the said premises are now vested solely, absolutely, and beneficially in me in fee-simple {y), free from all charges and in- cumbrances, rights, proceedings, and claims whatsoever {z). .3. That the title deeds and documents now in my possession and intended to be delivered to the said {mortgagee) on the execution of the said mortgage are all the title deeds, documents, and evidences (a;) Or, — land and hereditaments comprised in the schedule contained in—o?', annexed to the said mortgage. (.!/) O/-,— for my life— o/-, the life of A. B. (z) If subject to any charge or incuinbrance, here add — except an annuity of pounds payaijle to A. B. — or, except a sum of pounds thereon, and payable to A. B. on the death of C. D. PRACTICAL FORMS. . 223 I now have or ever had [or ever heard of] rehitiun; to the title to the said premises, and are, as I verily believe, all that are now existing relating to the said premises, save only original wills filed and deeds and documents of which copies are to be delivered to the said mortgagee with the said title deeds. 4. And I make this solemn declaration, &c. {as in Form No. 2G). {Signature.) Subscribed and solemnly declaeed, &c. {as in Form No. 26). {Signature.) No. 47, Of the Signing of a Notice of Dissolution of Partnership. I, {the declarant), of, &c.. Gentleman, do solemnly and sincerely (\ poITjI^p * 1. That I was present on the day of , instant, and clid see {the iMrtners), of, &c. {a), {descrihing them as in the notice), severally sign the paper writing hereunto annexed, purporting to be a notice of the dissolution of the co-partnership lately subsisting between them as [grocers] at W., aforesaid. 2. That the names ''{the names exactly as signed)" severally subscribed thereto are of the respective proper handwriting of the said {i^artners, repeating their names— ^ot their additions— in full) respectively ; And that the name " " {of the ivitness, as signed) subscribed thereto as the witness attesting the due signing thereof is- of my own proper handwriting. 3. And I make this solemn declaration, &c. {as in Form No. 26), {Signature.) Subscribed and solemnly declared, &c. {as in Forni No. 26). {Signatu7'e.). No. 48. Of Execution of a Deed for changing a Surname (h). I, {the declarant), of, &c., Gentleman, do solemnly and sincerely declare : — 1. That I was present, with G. S., of, &c.. Grocer, on the day of ,instant, and did see A. B. M., lately called or known by the name of A. B., and residing at, &c., Maltster, sign, seal, and as his act and deed, in due form of law deliver the deed or instrament (c) (a) If tliey sign on separate days, say— did see {one partner) of, &c., Grocer,, sign, &c. (continuing to the end of this p>aracjraph,and then proceed with afresh one) t — That I was also present on the day of , instant, and did see (the other partner) of, &c.. Grocer, likewise sign the said paper writing hereunto annexed ; and that the names (as signed), severally subscribed thereto, are, &c. {as above). (b) Stamp, 2s. 6(/. (c) If engrossed on paper, here add, o/-,— paper-writing. For a deed see next form. 224 PBACTICAL FOEMS. liereunto annexed and marked with the letter " M," and bearing date the [said] day of , instant. 2. That the name " A B M " {d), set and subscribed to the said deed or instrument as the name of the person executing the same, is of the proper handwriting of the said A. B. ; and that the names " " and " " (e), set or subscribed thereto as the persons attesting the due execution thereof, are of the respective proper handwriting of the said G. S. (/) and of me the said (declarant). 3. And I make this solemn declaration, conscientiously believing the same to be true, &c. {as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) PAKT XXII.— DEED POLL. No. 1. For Clianginfj a Surname (g). Know all men by these presents, which are intended to be inrolled in the Inrolment department of the Central Office of the Supreme Court of Judicature, That I, the undersigned, A. B. (h), of, kc, Grocer, and now or lately called A K (^), for and on behalf of myself, and my heirs lawfully begotten, Do hereby (Z;) wholly, absolutely, and utterly renounce, relinquish, and abandon the use of my said surname of R., and Do assume and adopt and deter- mine to take and use, from the day of the date hereof, the surname of B (I) in lieu of, or substitution of my said surname of R . (d) Here insert the name exactly as signed. (e) Here insert the names exactly as signed, whether long or short. (/) Here insert the name in full. {(]) This deed must be stamped with a deed stamp, — be acknowledged before a Master or Commissioner, — and be inrolled in the Central Oflice of the Supreme Court. For which purposes there must be a declaration of its due execution, referring to the ■ adopted, and in the presence of ) seal.) (Two Witnesses.) PART XXIII— DEMANDS. No. 1. On Plaintiff's Solicitor to state ivlicther Writ ivas issued h^ him or with his Authority (r). 18—, — , Xo. . In the High Court of Justice. [Queen's Bench] Division. Between, &c. Sir, A writ of summons dated the day of , 18 — , has been issued against the above-named defendant in this action, on which writ is endorsed a statement, that the same was issued by you, as (in) If the name be added, not substituted, here insert — in addition to my said name of E. — instead of " in lieu of and substitution for." (?i) Or, if additional — by the said surname of " Roe-Buck " — or, of E andB , and so as that the name of " Buck " may be deemed to be my last and principal siir- name. (o) Or, if so, — surnames of "Roe-Buck" — or, of " R and B " only. (p) Or, if so,— my original name " Roe " and my adopted additional surname "Buck" as " Roe-Buck "—0/-, "R and B ." ('/) Or, if a name be added — A. Roe-Buck (being his ori;^inal and adopted sur- names). (r) See Rules of Supreme Court, 18S3, Oi'd. 7, r. 1 ; and for the declaration in answer to this demand, see Part XXI. Form Xo. 1. Q 226 PRACTICAL FORMS. the above-named plaintiff's solicitor. On behalf of the defendant I demand of you to declare to me forthwith, whether such writ has been issued by you, or with your authority or privity. Dated the day of , 18 — . Yours, &c. [Signature) (s). To Mr. {t). Defendant's solicitor. No. 2. For Statement of Names and Residences of Persons Constituting the Plaintiff Firm (u). 18— — , No. . In the High Court of Justice. Queen's Bench Division (x). Between & Co., Plaintiffs, and , Defendant (y). Sir, On behalf of the above-named defendant (z), I require you forthwith to declare to me in writing the names and places of resi- dence of all the persons constituting the firm of & Co., the above-named plaintiffs. Dated the day of , 18 — . Yours, &c. (Signature.) To Mr. , Defendant's solicitor (a). Plaintiff's solicitor (h). o No. o. To Debtor for Payment. {Place.) {Bate.) Sir, I am instructed by Mr. A. B., of D., Grocer, to apply to you for (s) Signature of defendant's solicitor. But if the demand is made by the defen- dant himself, the wording must be altered accordingly. {t) The solicitor whose name is indorsed on the writ. {u) See Rules of Supreme Court, June, 1891, 0. 48a, r. 2, and for declaration in answer, Part XXL, Form No. 2. (x) 0/', as the case may be. {y) Or, — defendants. (2) Omit this lirst sentence if the demand is made b}'' the defendant himself, and if the demand is made by one of several defendants, say — I {name) one of the above- named defendants require you, &c. — <»/•, if the demand is made by the solicitor of one of several defendants, say — on behalf of the above-named defendant {name) I require you, &c. (rt) Or, the defendant may himself sign the demand. {h) Or, it may be addressed to the plaintiff firm, making the necessary alterations in the wording. PB ACTIO AL FOBMS. 227 the immediate payment of £ due from you to him ; and to inform you that, unless the same be paid to me on or before the instant, proceedings will be commenced against you for the recovery thereof, without further notice. Yours truly, {Signature.) To Mk. {tlie debtor). {Address.) Xo. 4. Same — Peremptory. {Place.) {Date.) Sir, Having received no reply to my letter of the instant (c), requiring payment of £ due to Mr. , I have now to inform you that, unless the amount be remitted to this office {d), by return of post, proceedings will positively be taken for the recovery of it, ■without further application (e). I am, sir. Your obedient servant, To Mr. {the deltor). {Signature.) {Address.) jSTo. 5. Same — Final. {Place.) {Date.) Sir, The applications I have made for payment of £ , appearing by the books and statements of Mr. {the creditor) to be due from you to him, having failed to produce a settlement, I have now to inform you that, if this sum be not paid to me on or before the of instant, I am instructed to take steps for the recovery of the same in the county court (/), but I hope you will avoid the costs of such proceedings by attending to this [final] notice. Yours truly, {Signature.) To Mr. {the debtor). {Address.) (c) Or, — ultimo. {d) Or, — these Chambers. (e) Or, — further notice. (/) Or other court — or — in cases of bankruptcy — to take proceedings in bankruptcy, 228 PRACTICAL FORMS. No. G. On heliaJf of a Trustee or Executor for Payment of a Deht heing 'part oftlie Trust Estate. (Place.) (Date.) Sir, I am instructed by the trustee (g) to collect the outstanding debts due to the estate of Mr. A. B., of this place, Grocer. I have, therefore, to request that you will have the goodness to call at my office (h), on or before the instant, and pay the amount appear- ing to be due from you to him, namely, £ . Yours truly, To Mr. C. D. (Signatiire.) (Address.) No. 7. Offering a Fragmental Estate to Creditors before jyresent in g a. Banhruptcij Petition. (Place.) (Bate.) Gentlemen, Mr. A. B., [late] of, &c., Draper, having had the whole of his property suddenly seized and taken from him under accumulated legal proceedings (/), is now left without the means either of sub- sistence (h), or of paying his other creditors ; and, in his present position, it is utterly hopeless that he will ever be able to do so. He has, therefore, no other refuge than proceedings in bankruptcy, unless his creditors would consent to accept such a composition as may be realized from the [few] outstanding debts now due to him, which he has, under my advice, consented first to offer them, in order tliat they may have the benefit of that which must otherwise be expended in his seeking relief from his present distress. The amount of composition to be offered, will necessarily depend upon circumstances; hut if he should be as successful as he seems to have a right to expect, a dividend of or shillings or probably more, would be the result (I). Before taking any steps to accomplish such an arrangement^ it will be necessary to know if tlie creditors at large will consent to accept the dividend, whatever it might he ; for it would be as useless as it would be improper to attempt to realize a fund by which unwilling creditors might be paid in full, to the detriment of (y) Or,— the executor of the will of Mr. A. B., late of D., Grocer, deceased, to collect the debts due to him. (h) Or, — send to my office the amount appearing to be due, &c. (i) Or, — losses. (^') Or, — of continuing his business. (0 Or, — be realized. PRACTICAL FORMS. 229 those who may, under the distressing circumstances in which my client is placed, prefer a small dividend, to the loss of their whole claims. I shall, therefore, be obliged by your favouring me with an early reply, expressly assenting to, or dissenting from the arrange- ment proposed ; so that I may be prepared to proceed either to carry it out, with as little delay and expense as possible, or to present a bankruptcy petition. I am, Gentlemen, Your obedient servant, To Messrs. . {Signature.) {Address.) No. 8. Of an Apology for Slander. Sir, I have been consulted by Mr. A. B. on the subject of the un- founded slanders {m) circulated by you {n) respecting (o) his character ; and I am instructed to acquaint you that, unless you (p) call at my office on next {q), and make a suitable apology, and retract such slanderous (r) statements, in the presence of the persons to whom you (s) made them, and pay my charges, legal proceedings will be commenced against you for redress. I trust yon will see the reasonableness of this requirement, and immediately comply with it, in order to prevent further expense and unpleasantness. Yours truly, {Signature.) To Mr. . . Solicitor to Mr. A. B. {Address.) No. 9. An Apology. Whereas I {t), the undersigned C. D., of, &c., Grocer, having lately incautiouslv {u) charged Mr. A. B., of, &c., with having [here state the charge, adding, if not malicious\vi\\\c]i I then believed to be true, but which I have since found to be wholly unfounded ; and haviag circulated a report to that effect (a?) which is likely to be very (m) Or, — reports. {ii) Or, — by your wife. (o) Or, — against his character. (j)) Or,—-ilLxs. B. {([) Or, — within days. (r) Or, — reports — or, acknowledge the untruth of your or her. (s) Or, — she. (t) Or,— C. my wife. (m) Or, // so,— maliciously. (.r;) Or, — having lately circulated a report. 230 FRACTICAL FOBMS. ' injurious to his character and reputation, he has justly threatened a prosecution against me; but in consideration of my agreeing to make tlie following apology, and paying the expenses already incurred, and also of my retnicting the report, he has kindly consented to forbear such prosecution. Now I do hereby declare my sincere contrition and regret that such charge should have been made (?/), and admit that it is wholly untrue [and without the slightest foundation] ; and, grateful for the lenity shown me, I, at the same time, promise to retract the said report to the utmost extent of my power. Dated this day of , 18 — . {Signature.) Witness. No. 10. Of Payment hy Mortgagee {z). To Mk. a. B., of, &c.. Grocer. By virtue and in pursuance of the proviso and covenant contained in a certain indenture of mortgage, bearing date the day of last (a), and made between you, the above-named {mortgagor), of the one part, and me Q)), the undersigned {mortgagee), of, &c.. Draper, of the other part : — I hereby appoint the day of next (c) at o'clock in the forenoon {d) for payment by you to me (e) of the sum of pounds thereby secured (/), together with all interest and other moneys which shall then be due to me {g)^ upon or by virtue of the said indenture of mortgage. And I {h) hereby demand and require payment of the said principal sum, interest, and other moneys accordingly. And I {h) hereby give you notice, that in default of payment thereof accordingly, I shall proceed to a sale of the lands, buildings, and hereditaments {i), so secured to me (Iv) by the said indenture of mortgage pursuant to and in exercise of the power or authority for that purpose therein contained. Dated this day of , IS — . {Signature.) {y) Or, — such report should have been circulated. (2) For otlior Ibrujs, hce under " Notices." (a) Or,— 18— . (J)) If f^iven Ly solicitor or agent, hero say — and {the mortgagee^ of, &c., Grocer, of the other part: I the undersigned {solicifar), as the solicitor and agent for and on behalf of the said {nvirhjuijec), hereby appoint, &c. {as above). {<:) Or, — instant. {(l) If a sptcilic place of payment is named in the deed, it should be inserted here. (e) Or, — to the said {iiiortfjai/ee). if) Or, if the (lay for payment is past, the wording may be : I hereby give you notice forthwith to pay off the principal sum of £ thereby secured, &c. (.7) Or, — to him. (h) If so, — as such solicitor and agent as aforesaid. (0 Or, if the .security he of persona/ chattels, after the word "accordingly," sub- stitute the said crops, chattels, and effects secured to the said {inortga;iee) by the said indenture of mortgage, -will be sold, pursuant, &c. (r(.s above). {k) Or, — to the said {mortgagee). PRACTICAL FORMS. 231 No. 11. Of return of Articles delivered hy Bcdlor. To Mr. {the bailee), of, &c., Tailor. I, the undersigned, (bailor), of, »fcc., Draper, hereby demand of, and require you to deliver up to me (m), upon the service hereof, the several pieces of cloth (or other) articles and things specified in the schedule hereunder written (n) belonging to, and delivered by me to you on or about the day of last (o), for the purpose of being manufactured into garments of clothing (or as the ease may be). And I hereby give you notice that, in default of your so deliver- ing up the same, you will be deemed to have fraudulently and unlaw- fully converted the same to your own use, contrary to the statute in that case made and provided, and will be dealt with accordingly. Dated this day of , 18 — . (Signature of the bailor.) The schedule above referred to Q)). Xo. 12. Another Form. To Mr. (the bailee), of, &c.. Watchmaker.' I, the undersigned, (bailor), of, &c.. Grocer, hereby demand of you my gold watch (q) delivered to you some weeks since (r) for the sole purpose of being cleaned (s). And I give you notice that, unless you deliver it to the bearer upon the service hereof, I shall treat your detention of it as a fraudulent and unlawful appropriation of your bailment, and proceed accordingly. Dated this day of , 18 — . (Signature of the bailor.) (7n) Or, — to Mr. A. B., of, &c., solicitor, as my solicitor and agent — or, to such person or persons as lie shall appoint. (n) If the articles deposited be unknown, here say — all such [stock in trade], goods, chattels, and effects, belonging to me as have been taken by — or, delivered by — me, or by any person or persons on my behalf, or on my account, to you for any purpose and under any pretext or pretence whatsoever. (o) Or, if the date be uukuown, substitute — in the — , or, about — the month of last. (jy) Here insert a description of the articles detained. (?) Or, other article, as the case may be. (r) Or, if the day be known,^ — on the day of last. (s) Or, other purpose, as the case may be. 232 ' PRACTICAL FORMS. No. 13. Under a Covenant in a Farm Lease. To (tJie tenant) (t). Pursuant to a covenant contained in a certain indenture of lease, bearing date, &c., and made between, &c., of a certain farm and lands, situate, &c., I, the undersigned (lessor) hereby require you (w), within days i'rom the date hereof, to deliver to me (x) an account in writing, signed by you (ij), of the names of the closes, — and if parts of closes, then of the names, quantities, and situations of those parts of the closes, — of the meadow and pasture lands on the said farm, which you (2) dressed, folded, or manured between the day of , 18—, and the day of , 18—, when the term granted by the said lease expired ; subject to your right of hold- ing over parts of the said farm till different periods after the expira- tion of the said term, the last of which expired on the day of , 18 — . And I give you further notice, and require you (a) also to deliver, at the same time and place, an account in writing, signed by you (h), of the number of loads or quantities of hay and straw which grew on the said farm, and which were sold by you (c), or removed from, and not spent and used on the said farm between the said day of , IS—, and the said day of , 18—, and likewise the dates and times when, and the names and residences of the respective persons to and by whom the same were so respec- tively sold, delivered, and removed ; And also to state in such account the number of waggon-loads of soap-ashes or other good manure, brought by you on the said farm between the said (d) day of , 18^ and the day of , 18 — , specifying the kind and description thereof respectively, and of whom, and the times when, the same were respectively purchased. Dated this day of , 18—. (The lessor.) (t) Tf more than one, after their names, add — and to each of you jointly and Reverally. (u) Or, — one of you. (x) Or, if consilient witli the stipulations in the lease, — to Mr. A. B., my solicitor — or, steward — or, agent — at his office in W. aforesaid. The place is material, if mentioued in the lease. This form can be readily adapted to other leases of a similar kind, such as royalties and the supply of articles under covenants or other contracts requiring the ([uantities sold t'o be accounted for as well as the different qualities or prices and the jiarties supplied. (y) Or, — by each of you. (2) Or, — either of you. (a) Or, — each or one of you. (b) Or,— by each of you. Sec a form of this account in the Author's " Practical Forms of Au'iefments." (c) Or, — you, or either of you. {d) Or, — last mentioned. PRACTICAL FORMS. 233 No. 14. Bij a Husband of his Children liarhoured hij his Wife, whilst living apart from him. To (the wife), wife of me, the undersigned {the Imshand). I, the undersigned (husband), of, &;c., Grocer, hereby demand of, and require you to return and give up to me the entire custody of my children (naminr/ them), whom you now harbour and retain from me (e) ; And I hereby offer to maintain and clothe (/) them, at my own expense, on your returning (fj) them to me at my dwelling- house at D. aforesaid : And I give you notice that in default of your (h) delivering up the said children to me forthwith («'), I shall no longer hold myself responsible for their (/.:) maintenance or clothing, or for any debts or liabilities you may incur or contract, either lor yourself or them. Dated this day of — — , 18—. (The husband.) To Mr. No. 15. Of Possession of a House. I, the undersigned (oivncr), of, &c., Maltster (1), hereby demand of, and require you to deliver up to me (m), on the service hereof, the peaceable possession of the dwelling-house, garden, and hereditaments with the appurtenances, situate and being at , in the county of , and now in your possession and occupation {n). Dated this day of , 18 — . (Signature.) No. 16. Of Possession of Land (o). To Mr. (the tresixisscr), of, &c., Grocer. I, the undersigned (the claimant), of, &c.. Grocer, hereby demand (e) Any person harbouring a wife and children against a husband, able and willing to support them, is liable to an action. (/) I r so,— you and Ihem. ((/) If so, — with them. (k) If so, — returning and. (^) Or, — within days — or, hours — from the service hereof. {Jc) Or, — either your or their. (l) If given by an agent, say — as agent for and on behalf of (the owner) of, &c., Maltster, hereby demand, &c. (as above), (m) Or, — to the said (owner). (n) If given by a purchaser, here add — and lately purchased by me. Here may be added — and. in default thereof, I shall, without further notice, take such steps as I may be advised for the recovery thereof. If the circuujstanccs render it desirable, add — and you are hereby warned not to commit any waste, spoil, or damage, in or upon the said premises, or any part thereof. (o) For form of notice to deliver up possession under the Small Tenements Ilecovery Act, 1838, see post, "Notices." 234 PBACTICAL FOBMS. of and require you to deliver up to me [or my agent] witliin days from the service hereof, the peaceable possession of the strip or plot of land (being part of a garden) belonging to me, situate in Street, in C. aforesaid, together with the use of the roadway leading thereto, and which strip, or plot, of land and roadway are held by you under my leave and licence ; which I hereby now absolutely [revoke and] determine. And I give you notice that, unless the same be delivered up to me at or before the expiration of the said days, I shall take such steps as I may be advised for the recovery thereof. Dated this day of , 18 — . {The claimant.) No. 17. Of Possession pursuant to sect. 213 of the Common Law Procedure Act, 1852 (p). To Me. {q). I, the undersigned {landlord) (r), hereby, according to the form of the statute in such case made and provided, demand of and require you forthwith to quit and deliver up possession to me (s) of {t), with the appurtenances, situate and being at — , in the county of , and which were held by you under a {u) bearing date the day of , 18—, for the term of years, which expired on or about the day of last {x). Dated the day of , 18 — . {Sipiaturc.) (p) 15 & 16 Vict. c. 76. (q) This demand, made for the purpose of founding a right to require the tenant to tiud bail, may be addressed to the tenant or any one holding or claiming by or under him, and may be served personally upon or left at the dwelling-house or usual place of abode of such tenant or person. (r) If the demand is made liy an agent, say — I, the undersigned, as agent of and for Mr. , your landlord, and on his behalf. (s) Or,- — to the said (landlord). (t) The messuage, land, and premises— o/-, the farm and premises, or, as the case may be. (u) Lease — or, agreement in writing. The section of the statute only applies where the contract of tenancy is in ivr/tiiig, and the tenant is holding over. (x) Or, — instant — or, if so, say — bearing date the day of • , 18 — , as tenant thereof from year to year, and which tenancy was determined by the said (Jaud- lortl) or, by you on the day of • last by a regular notice to quit before then duly given. PE ACTIO AL FORMS. 235 No. 18. Of Possession at the end of a Term of Years, otherwise Double Vcdue (y). To Mr. (tenant). I, tlie undersigned (landlord) (z), demand and require you to quit and deliver up possession of the messuage, land, and premises (a), Avith the appurtenances, situate at , in the county of , forth- with (h), and take notice that if you hold over the said premises after the service hereof (c) you will be liable to pay double value (d) for the said premises, pursuant to the statute in such case made and provided. Dated the day of , 18 — . (Signature?) No. 19. Of Copy of a Warrant— from a Constable or Gaoler {e). To (the constable, or i/aoler), police constable of the county of K., stationed at , in the said county (/). Whereas, on or about the day of last, you apprehended [assaulted], and imprisoned (fj) (the lyrisoner), of, &c.. Draper (or, as the ease may he), under colour or pretence of holding a warrant or warrants (h) authorizing you to do so, Now I hereby, as the solicitor for the said (prisoner), and on his behalf, demand of you the perusal and a copy or copies of all and every the warrant and warrants (i) (y) This demand in writing is for the purpose of foundins a right to the remedy- given to the landlord or person entitled to the reversion by 4 Geo. 2, c. 2S, s. 1. (z) Or, if signed by a lawfully authorized agent, say — I, the undersigned, as agent of and for your landlord , Esq., and on his behalf. (a) Or, — the farm and premises — or, as the ca^e may be. (j)^ Qr^ — on the expiration of your term therein, which will expire on or about the day of , 18 — . If the demand be served before the expiration of the term, no further demand is necessary upon the expiration of the term, but double the yearly value ot the premises will be calculated for so long as the tenant holds over, otherwise, if the demand is made after the expiration of the term, the double value will be calculated from the time of the demand only; see calculations ot the single and double value in Cohb v. Stokes, 8 East, 358. In the ca^e of a tenancy from year to year a valid notice to quit by the landlord will sufBce as a demand under the statute. The wording of the demand should not leave any alternative to the tenant. See I)oe v, Jackson, Dougl. 175, and Ahearn v. Bellman, 4 Ex. D. 201. (c) Or, — after the expiration of the term. ^(^) Or,— double rent,— where the tenunt has given a valid written or verbal notice to quit, but holds over (11 Geo. 2, c. 19, s. 18). (e) This demand is necessary before commencing an action, 24: Geo. 2, c. 4-4, s. (1. (/) If gaoler, put the aduress of the prison. ((/) Or, in the case of a gaoler, say— you received into your custody and kept and detained in custody for , then next following. (h) Or, in the case of a gaoler, say — warrant or other instrument of commitment. (i) Or, in. the case of a gaoler, say — warrant or instrument of commitment. 236 FEACTICAL FOUMS. under or by virtue of which you so apprehended and imprisoned {Jc} him the said (jprisoner) as aforesaid. Dated tiiis day of , IS — . {The solicitor), of, &c., solicitor. No. 20. Of Title Deeds, and Notice of an intended Action. To The Joint Stock Bank at , and the directors and manairer thereof. Whereas bv an indenture of mortofafre, dated, &c., and made between, kc, certain freehold messuages, lands, and hereditaments situate, ka. {I), were granted and assured unto and to the use of the said {mortgarjees), their heirs and assigns, by way of mortgage to secure payment of the sum of pounds, then advanced by the said {mortgagees), or one of them, to the said {7nortgagor), together with interest thereon : And whereas upon the execution of the said indenture [of mortgage relating to the .said property] divers deeds' and muniments of title were delivered to the said {mortgagees, or one of the mortgagees on behalf of loth) {m) the legal mortgagees thereof: And whereas the said sum of pounds so advanced as aforesaid, was money belonging to the said {mortgagees), as trustees under a certain indenture of settlement, dated, &c., being a settle- ment made in contemplation of a marriage, which was, shortly afterwards, duly solemnized, between, &c. {tJie liusband and wife), under which settlement they and their children are beneficially entitled to the monevs therebv settled, includinor the said sum of pounds, according to their respective interests therein men- tioned : And whereas the said sum of pounds, secured by the said hereinbefore recited mortgage, is, together with a considerable arrear of interest thereon, still due [and owing] upon the said security [of the said indenture], and is a first charge upon the property comprised in such mortgage : And whereas it has come to the knowledge of the said {liusband and his wife) that you, the said Joint Stock Bank, or your solicitors, have, by and through [the improper conduct of] the said {onu of the mortgagees), or otiierwise, obtained possession of the said deeds and muniments of title relating to the said mortgaged ijroperty, and that you now claim to retain them and improperly refuse to deliver thcin up to me («) : Now I, the undersigned {^^olieitor), of, &c., as the solicitor for, and on (Ic) Or, in the case of a gaoler say — so received into your custody and kept and detained him the said {prisoner) as aforesaid. (/) 'J'ho dcKciiiitiiJii licre given ut the proiieity should be as concise but indicative as possible. (m) This form presupposes a case where one of several mortgagees commits the wrong; but if all are concerned their names should be inserted here. {v) Or, — to us. PRACTICAL FORMS. 237 behalf of the said {the other mortgagee) (o) and of the said {liusbaiul and ivife) and their children, hereby demand of and require you forth- Avith to deliver up to me as such solicitor [as aforesaid] All and every the deeds and muuinients of title whatsoever relating to the said premises and now in your custo ly, possession or })ower as such bankers as aforesaid : And whereas it has also come to the know- ledge of the said {husband and ivife) that you the said Joint Stock Bank are in possession of the said property and are receiving the rents and prolits thereof: Now I, as such solicitor and on such behalf as aforesaid, hereby demand of and require you to deliver to me immediate and peaceable possession of the said messuage, lands, and hereditaments : And I beg to give you notice that, in case you shall not comply with the foregoing demands, or, in case you shall not also pay and discharge the said sum of -pounds and interest and all mortgagees' costs properly incurred under or by virtue of the said indenture of mortgage within days from the service hereof, the said {acting mortgagee) and the said {husband and ivife) and their children or some or one of them will take such proceedings for enforcing the delivering up of the said deeds, muniments, and posses- sion, and for foreclosing or realizing the said security comprised in, or effected by the said indenture [of mortgage] and for securing, for the benefit of the persons beneficially entitled under the said settle- ment, the said sum of pounds, and interest, as they may be advised ; and they will seek to charge you with all costs incurred by them in consequence of any resistance on your part to their just demands. Dated this day of , 18 — . Yours, &c. {Signature) {p). TART XXIV.— DISTRESS {q). No. 1. Wai'vant to Distrain for Rent. I HEREBY authorize [and require] you to seize and distrain all or any of the [stock, crops], goods, chattels, and effects, in the [farm or] (o) If the other trustee will concur, which would be desirable, his name should be inserted here. (j)) If the address is not given in the body of the notice, it should be stated, after the signature, here. {q) The following are some of the points to be observed :— (1) By luhom made, and tuhen it cannot he made. — No distress can be made by a landlurd for arrears of rt'nt but within sis years of its being due or acknowledged in writing, and by the Agricultural Holdings Act, 1883, s. 44, the period for such holdings is reduced to one year. Rent cannot be distrained for by a mortgagee upon a lease granted 6e/ore the mortgage, — nor by an infant or assignees,— nor by executors or administrators after the expiration of six months next after the death of the testator or intestate, nor within that time, except for arrears of rent due in the lifetime of the deceased ; — nor can a distress in general be made for an undefined rent, — nor after tender, — ror aft?r 238 PRACTICAL FORMS. dwellino;-house and buildings, and upon tlie [lands and] premises which (the tenant) now rents [or holds] of me, situate [and being No. street] at W., in the county of D., for the sum of pounds, being arrears of rent due to me for the said premises at last (r), and to proceed in such distress according to law : and for so doing this shall be to you a sufficient warrant and authority (s). sunset or before sunrise,— nor on the day the rent becomes due. (2) Thinrjs not distrainahle.—The chief things not distrainable at all for rent, are— fixtures— goods in legal custody,— money (unless in a bag),— trees, shrubs, and plants in nursery gardens, — goods casually on the premises in the way of trade, as goods sent to a tradesman to be worked up,— goods at a carrier's to be conveyed,— goods or cattle of a temporary guest at a common inn ; or goods entrusted to a factor, auctioneer, or ao-eot for sale— or (by Lodger's Goods Protection Act, 1871) things belonging to lo'Ih'-ers, and under the Agricultural Holdings Act, 1883, s. 45, machinery and live stock, the bond fide property of any person other than the tenant for the purposes of his' business. Things not distrainable, ■whilst there is sufficient other distress, are,— tools and utensils in tra\ie iii actual use, sheep and beasts ot the plough, machinery, &c., delivered with articles to an artisan for manufacture, and, under the Agricultural Holdings Act, 1883, s. 45, live stock belonging to another person taken in by the tenant to be fed at a price. (3) Where made.—K distress must be made on the premises ; but in case of fraudulent and clandestine removal, the goods may be fol- lowed for thirty days, and seized toherever found. (4) For what made.— A distress must be for the eiUire rent. A second distress cannot be made, if sufficient might have been taken under the first, except the value be reasonably mistaken, or part die. ^"5) Bow secured.— Goods or cattle seized may be secured on the premises or removed, and kept in a pound open or covered : but must not be tied up, worked, or used, except milch cows, which may be milked if the owner neglects to do so. (6) When und how to he soM.— Goods, &c., seized, not replevied within yiye days, must be sold by hand or by auction on the sixth day (inclusive of the day of distress), bemg first appraised by two appraisers, sworn by a constable of the parish in which the distress is made. But corn cannot be sold before it is cut. (7) The cos/fs.— The costs of distress are prescribed by Appendix 11. to the rules issued under the Law of Distress Amendment Act, 1888, repealing the Agricultural Holdings (England) Act, 1883, ss. 49, 50, 51, and 52 :— Scale 1— over £20. Scale 2 — £21) and uuder. Levying distress, 3 per cent., £20 to £50. „ „ 2h per cent., £50 to £200. „ „ l"per cent, on any additional sum. Man in possession per day, 5s. (to provide his own board). Advertising, sum actually and necessarily paid. Auctioneer's commission, 7J per cent, on sums up to £100. 5 per cent, on next £;i00. 4 per cent, on next t;200. 3 per cent, from £500 to £1000. 2 J per cent, on sums exceeding £1000. (Fraction of £1 to 1)0 reckoned as £1.) Appraisement on tenant's request in writing, Gd. per £1 besides stamp. 5> >1 5» 3s. Od. 4s. Qd. (If any) lOs. Per £1, Is. Gd. per £1, besides stamp. (r) Or, on the day of • last. (.s) As a jirecantioiiary clause, heie may bi' added- but you are hereby expressly prohibited from taking any goods or chattels not legally liable to a distress for rent. PRACTICAL FORMS. 'J 39 Dated this day of , 18 — . To Mr. A. B., my bailiff {t), and bis assistants. {Signature) {u). No. 2. Notice of Distress. Take notice, tliat by virtue of an authority for that purpose from {tlie landlord), your landlord {x), I have this day seized and distrained the [stock, crops], goods, chattels, and effects specified in the schedule hereunder written, for the sum of pounds, being arrears of rent due to him at {ij) last, for the [farm orj dwelling-house, outbuild- ings, lands, and premises, which you rent or hold of him (2), situate at , in the county of D., and have secured the said [stock, crops], goods, chattels, and effects on the said premises [or if removed, state the place to which theij have been removed] : And unless you pay the said rent, together with the expenses attending such distress, or replevy the said [stock, crops], goods, chattels, and effects, within five days from the date hereof, the same will be removed and sold accorling to the statute in that case provided. Dated this day of , 18 — . To Mr. (the tenant). And to all others whom it may concern. {Bailiff.) The schedule to which the foregoing notice refers. \_Here ])articularise the things seized.^ V No. 3. ' Tenant's Consent that Possession sliall he continued beyond the period limited by the Statute. I, {the tenant), of, &c., do hereby consent that Mr. A. B., my land- lord, who on the day of last distrained my [stock, crops], goods, chattels, and effects, for rent due to him for or in respect of the [farm and] premises which I now rent and hold of him, situate at W., [in the parish of S.,] in the county of D.., shall continue in possession of the said stock, &c. {as ahove), on the said premises, for the space of days from the date thereof, he, the said {landlord), having, at my request, agreed to delay the sale thereof in order to enable me to discharge the said rent. And in consideration of such forbearance, I, the said {tenant), hereby agree to pay the expenses of {t) As to the appoiutment of bailiffs by the jud2;e of a county court to levy dis- tresses, see Law of Distress Amendment Act, 1888, s. 7. {u) The warrant must be signed by the hxndlord or by his duly authorized agent. No stamp is required. (x) Or, landlady. (y) Or, on the day of • last. (z) Or, her. 240 PEACTICAL FOBMS. keeping the said possession in the meantime [and all other expenses incident to the said distress]. Dated this day of , 18 — . {Signature.) Witness, C. D. PAET XXV.— ELECTIONS. No. 1. Rules for Parliamentary Elections — The Poll (a). County Election (h). The of ,18—. Instructions to the Presiding Officer (c). I. You must not fail to meet the returning ofHcer at the [Town Hall] at 7.30 a.m., and to be at your polling station, at , in sufficient time to begin your duties the moment the clock strikes 8 a.m. II. Having first made a statutory declaration of secrecy (cZ), you must take with you to your polling station — 1. A ballot box (or boxes) (e). 2. A ballot book. 3. A stamping instrument, the official mark of which is to be kept profoundly secret. 4. A copy of the register for yourself, and another for clerk. 5. Forms of declarations, oaths, d'c. 6. Pencils for voters, wax, pens, blotting paper, and tape. 7. Your own seal for sealing the ballot boxes, (a) See Eules for Parliamentary Elections in part i. of the first scliedule to the Ballot Act, 1872. These rules, as far as applicable, and with the modifications contained in rule 04 of part ii. of the same schedule, govern also the mode of conducting a jioll at a contested municipal electiim jn England or Wales. See s. 58 of Municijial Corporations Act, 1882, and part iii. of the third schedule thereto, (&) Or, — the election for the county of H. — or, the town and county and horough of S.— or, the municipal election for city — or, the [town and] borough of D. (c) As to the ajipomtment of presiding officer in couuties or borouglis by the high sheriff or returning oflicer or deputy returning officer, see Ballot Act, 1872, s. 8. For instructions to clerks of the peace as to registration for counties and to town clerks as to registration for boroughs, for form ot precept of tlie clerk of the j^eace and of the town clerk to the overseers, and for lorm of notice as to ownership claims to be given by the overseers, see second and third schedules to the Registration Act, 1885. ('/) This statutory declaration is as follows; — I solemnly promise and declare that I will not at this election for do anything forbidden by s. 4 of the Ballot Act, 1872, which has been read to me. The section must be read to the declarant by the person taking the declaratiou (that is, in the case of the returning officer a magistrate, and in other cases a magistrate or the returning officer), and the decla- ration must be made, belore the opening of the poll, by every returning officer, and every prtsiding oflicer, clerk, or agent authorized \o attend at the polling station, or at the counting of the votes. See rule 34 in schedule 1 and form in schedule 2 of the Act. (e) The same ballot boxes, &c., maybe used for parliamentary and municipal or school board elections. See s. G of Parliamentary Elections (Pieturaing Officers) Act, 1875 (38 & 39 Vict. c. 84). PRACTICAL FOIiMS. 241 Polling Station (Rule 21 ). III. When at the polling station, which will be properly arranged for yon, stricthj observe — 1. That it, as well as the clerks, will be entirely under your control. 2. That you are to maintain perfect order therein. 3. To call constables to your aid for that purpose, if necessary. 4. To observe and enjoin "perfect secrecy. 5. To see it is maintained by voters. 6. To regulate the number of voters to be admitted at one time. 7. To rigidly exclude all unauthorized persons. 8. To admit : — (1) The sworn clerks. (2) The duly appointed agents of the candidates. (3) The constables on duty. (The latter should be kept outside the door as much as possible.) Bcdlot Box {Rule 23). IV. Just leforc the commencement of the poll, you must show the authorized persons present— That the ballot box is entirely empty, and then — 1. Lock it up, keeping the key safely in ijour own custody. 2. Seal it up, so as to prevent its being opened without breaking the seal. 3. Keep it locked and sealed. 4. Place and keep it constantly under your view. Bcdlot Paper {Rule 24). V. Before a ballot paper (/) is delivered to the voter, it must be— 1. Marked on both sides with the official mark, and — 2. The number, name, and description of the voter as in the register called out. {This can he done by you after ascertaining the infor- mation.) 3. The number on the register must be marked on the counterfoil of the ballot paper. 4. A mark must be placed on the register against the name of the voter as soon as he has voted, thus (/) For the form of ballot paper iu parliamentary elections, see schedule 2 of Ballot Act, 1872, and in municipal elections for elective auditors or revising assessors, see form K in part ii. of eighth schedule to Municipal Corporations Act, 1882, and for the form of voting paper at university elections, see schedule to the University Election Act, 18G1, and as to the declaration to be made and signed by the person tendering a voting paper, see form in s. 1 of the Universities Election Act, 1868. R 242 PRACTICAL FORMS. Voter's ^rocccdinrj (Bule 25). VI. The voter, on the ballot paper being delivered to him, is forthwith — 1. To proceed to the compartment allotted for marking it. {This should he i^ointed out hy you.) (g) 2. He is to mark it therein (not elsewhere). 3. To fold it up so as to concccd his mark. 4. To return and show the official mark on the hacJc to you, holding it in his hand. 5. To put it so folded into the ballot box. 6. To perform these acts luithout delay. 7. To quit polling station, by the appointed course, imme- diately afterwards. Voter^s Declaration (Bide 26). VII. On application of an incaiMcitated voter or one unable to read, you are — 1. To hand him (without fee) a printed form of declara- tion (h) (unstamped) properly filled up. 2. To have it made at the time of, and hcfore polling. 3. To be made before you — and in the presence of the candidate's agents. 4. Cause the vote to be marked on the ballot paper as the voter directs. 5. To place it in the ballot box. 6. To mark the name and number of the voter on " the list of votes marked by the presiding officer." 7. To state also thereon the reason for its being so marked as, "Voter — blind," or, "physically incapacitated," or, a Jew, or, " unable to read." 8. To receive and keep all declarations made by the voters. Tendered Ballot Paper [Bide 27). VIII. If a person representing himself as a particular elector named on the register, applies for a ballot paper after another person has voted as such elector (which will be indicated by the polling agents) (i), you must put the following, and no other, questions to the applicant : — {(j) For the form of directions for the guidance of the voter in voting, to be printed in conspicuous characters and placarded outside every polling station, and in every compartment of every polliui; station, see the second schedule to the Ballot Act, 1872. {h) See declaration of inability to read, ante, Part XXI., Form No. 17. (i) Each candidate may nominate and appoint one polling agent at each polling station for the purpose of detecting personation. A declaration in writing must be given by the candidate to the returning officer or liis deputy of the name and address of the person so appointed before he can be allowed to attend at the polling booth to which he is appointed (see s. 85 of G Vict. c. 18). If the polling agent is to be paid, he must be appointed by the election agent or by his sub-agent, see s. 27 (1) of. 46 & 47 Vict. 0. 51. As to municipal elections, see s. 13 (1) (b) of 47 & 48 Vict. c. 70. PB ACTIO AL FOB MS. 243 1. " Are you the same person whose name appears as {mentioning the Voter's name) on the Register of Voters now in force for the of ? " {1i) 2. " Have you already voted, either here or elsewhere, at this election for the of ? " (I) And, if required, you must administer the following oath: — "You {mentioning the Voter's name) do swear (m) [or, solemnly, sincerely, and truly declare and affirm] that you are the same person whose name appears as {stating the name) on the register of voters now in force for the {n) of , and that you have not before voted, either here or elsewhere, at the present election for the of " {n). « So help you God." After the voter has answered these questions, and made this oath (which you can ask and administer), you are — 1. To deliver him a [green] ballot paper, and then he is to vote like any other voter. 2. To receive it back after marked by the voter. 3- Not to place it in the ballot box ; but — 4. To endorse the name and number of the voter thereon. 5. To set it aside in a separate packet. 6. To enter it in the list of " Tendered Votes List " only. Siioilt Ballot Paper {Eule 28). IX. If any ballot paper be inadvertently damaged, so as not to be conveniently used, you — on its being delivered to you, and on your being satisfied of the cause — 1. May deliver another to the voter. 2. Must cancel the damaged one. o {Tc) County of , or, city or borougli of , oi , division of the county, or, borough of , or, as the case may be. (?) In the case of boroughs divided into divisions the second question should be in the terms given in the Redistribution of Seats Act, 1885, s. 13, sub-s. (4), viz. : " Have you already voted here or elsewhere at this election for the borough of , either in this or any other division ? " At an election of councillors the two questions ■which may be put (s. 59 of JMunicipal Corporations Act, 1882), by the presiding ofiScer, if required by two burgesses, or by a candidate or his agent, are — 1. "Are j^ou the person enrolled in the burgess [or ward] roll now in force for this borough [or ward] as follows ? " [read the whole entry from the roll]. 2. " Have you already voted at the present election ? " [add, in case of aa election for several wards — " in this or any other ward 'i "] And by the third schedule, part iv.,No. 8, the returning officer or his deputy shall, if so required by two burgesses, put to any person offering to vote at the time of his delivering in his voting paper, but not afterwards, the following question : " Are you the person whose name is signed as to the voting paper now delivered in by you." (m) See the Oaths Act, 1888. {n) County of , or, city or borough of , or, division of the county, or, borough of , or, as the case may be. 244 PRACTICAL FORMS. Close of Poll. — Beturn {Ride 29). X. As soon as 2^'>'(ici^cahle after closiug the poll, which must be done the moment the clock strikes 8 (p.m.) (o), you must, in the presence of the candidates' agents — 1. Make up in se^Mvate packets. 2. Seal with your own seal (jp) — and 3. Deliver j^ersojialhj to the returning oflScer at the Town Hall— The ballot box (or boxes) used at your station un- opened, but with the Ice]/ attached. The unused and spoilt ballot papers — placed together. The couterfoils of the ballot papers. The " tendered " ballot papers. The marked copies of the register. The " tendered votes list." The list of votes marked by you under the heads — (1) physical incapacity, (2) Jews, (3) unable to read, and the declarations of inability to read. The unused materials. Ballot Paper Account (Bule 30). XI. These packets must be accompanied by a statement by you called " The Ballot Paper Account," comprising — 1. The number of ballot papers entrusted to you, and — 2. Accounting for them under the heads — Ballot papers in ballot box. unused. spoiled. tendered, XII, You must, on no account, show any party feeling or partiality ; you must be firm in your decisions and requirements. A. B., Under-sheriff (q). No. 2, Nomination Paper in Parliamentary Elections (r). We the undersigned {elector) (s), of , in the of , and {elector) of , in the of , being electors for the (o) By the Elections (Hours of Poll) Act, 1885 (48 Vict. c. 10), the hours of polling at parliamentary and municipal elections within the Act are extended to 8 p.m., commencing at 8 a.m. (p) And with the seals of such agents of the candidates as desire to affix their seals. (y) Or, — clerk of the peace, in county towns — or, town clerk in boroughs. (r) See Ballot Act, 1872 (o5 & 3G Yict. c. 33), second schedule. (s) Two registered electors of the county or borough must subscribe the nomina- tion paper as proposer and seconder (Ballot Act, 1872, s, 1). PRACTICAL FORMS. 245 of , do hereby nominate the following person as a proper person to serve as member in Parliament Surname. Other names. Abode. Eank, profession, or occupation. Brown John 52, George St., Bristol Merchant. Jones or William David High Elms, Wilts. Esquire. 3Ierton or Hon. George Travis, commonly called Viscount. Swanworth, Berks. Viscount. Smith or Henry Sydney 72, High St., Bath Attorney (<). {Elector.) {Elector.) We, the undersigned, being registered electors of the , do hereby assent to the nomination of the above-mentioned (John BrowD) as a proper person to serve as member for the said iu Parliament. {Signatures) {u). No. 3. Same ui MuniciiKil Elections {x). Borough of . Election of councillors {y) for ward in the said borough (z), to be held on the day of , 18 — . We, the undersigned (a), being respectively burgesses, hereby nominate the following person as a candidate at the said election : — • Surname. Other names. Abode. Description. (0 Woiild now be styled solicitor. Where a candidate is an Irish peer, or is commonly known by some title, he may be described by his title as if it were his surname. (m) Eight other registered electors of the same county or borough must sign the paper as assenting to the nomination (Ballot Act, 1872, s. 1), and should add their addresses. {x) See Form 1 in tlie eighth schedule to the Municipal Corporations Act, 1882. (y) O'^ — elective auditors — or, revising assessors. (z) Or, — the said borough. (a) Two burgesses of the borough or ward must subscribe the nomination paper as proposer and seconder (Muuicii)al Corporations Act, 1SS2, third schedule, part 2, rule 2). 246 FHACTIOAL FORMS. Signature. A. B. CD. Number on Burgess Roll, with the AVard or Polling District, if any, having a distinct numbering. "VVe, the undersigned (h), being respectively burgesses, hereby assent to the nomination of the above-named person as a candidate at the said election. Dated this day of , 18- Signature. E. F. G H. I. J. K. L. M N. 0. P. Q. R. S. T. Number on Burgess Roll, with the Ward or Polling District, if any, having a distinct numbering. No. 4. Affidavit by Candidate for Election Jor Relief (c). In the High Court of Justice. Queen's Bench Division. The Corrupt and Illegal Practices Prevention Act, 1883. Election for . I, {deponent), of , in the county of , being a candidate for the representation of aforesaid (cZ), make oath and say as follows : — 1. (e) 2. The matters set forth in the first paragraph hereof arose from misadvertence on my own part (/), and did not arise from any want of good faith on my part {g), but under the following circumstances, that is to say : — (Jo) 3. Pursuant to the direction of Mr. Justice , given by order (b) Eight other l)iirgcsscs must subscrihe as assenting to the nomination. See Municipal Corporations Act, 1882, third schedule, part ii., No 2. (c) See ss. 22 and 23of ('orra]it and Illegal Practices Prevention Act, 188.3. i/l) Or, — being the election agent of , a candidate for the representation of, &c. (e) Here state offence fur wliich excuse desired. (/) "^'i — on the part of my election agent — or, from accidental miscalculation — or,. as the case may be. G/) Or, — on the part of my election agent. (A) Set out how the mistake arose. PRACTICAL FORMS. 247" dated , notice of my application to the Higli Court for an order allowing tlie matters set forth in the first paragraph hereof to be an exception from the provisions of the Corrupt and Illegal Practices Prevention Act, 1883, has been duly given to the persons and in the manner appointed by the said order. 4. To the best of my knowledge, information, and belief, I have in this affidavit set forth every particular relating to the matters herein referred to upon which this High Court can require informa- tion in adjudicating upon my application, and the source of my knowledge of the matters aforesaid is {i). SwoKN, &c. {as in Part II., Form No. 1). {Signature.) No. 5. Affidavit hy Petitioner of ivithdraical of Election Petition (Q. In the High Court of Justice. Queen's Bench Division. The Parliamentary Elections Act, 1868 ; And the Corrupt and Illegal Practices Prevention Act, 1883. Election Petition for . Between , petitioner, and , respondent. Affidavit of . I, {deponent), of , in the county of , the above-named petitioner {I), make oath and say as follows : — 1. {m) To the best of my knowledge and belief, no agreement or terms of any kind whatsoever has or have been made and no under- taking has been entered into, in relation to the withdrawal of this petition {n). 2. (o) The grounds on which the said petition is sought to be withdrawn are as follows : — (p) SwoEN, &c. {as in Part II., Form No. 1). {Signature.) (i) State the sources, (k) See s. 41 of Corrupt and Illegal Practices (Prevention) Act, 1883 ; and for the forms of notice to withdraw a municipal election petition, see Nos. 58, 59, and 60 of General Eules (Municipal Corporations Act, 1882), April 17, 1883. (?) Or, — respondent — or, solicitor of — or, election agent of. (m) If any agreement has been made, prefix the words — Subject to the matters hereinafter appearing. (jt) If any lawful agreement has been entered into, here set out the terms of such agreement. (o) This second paragraph is to be inserted in the afBdavit of the applicant and his solicitor. (p) Here act them out. 248 PB ACTIO AL F0B3IS. No. 6. Recognizances hy Surety as Security for Costs of Election Petition (q). Be it remembered that on tlie day of , in the year of our Lord 18 — , before me, (r), came {surety) of (s), and acknowledged himself {t) to owe to our Sovereign Lady the Queen the sum of pounds (tt), to be levied on his {x) goods and chattels, lands and tenements, to the use of our said Sovereign Lady the Queen, her heirs and successors. The condition of this recognizance is that if {y) shall well and truly pay all costs, charges, and expenses, in respect of the election petition signed by him (z) relating to the (a) which shall become payable by the said petitioner ih) under the Parlia- mentary Elections Act, 1868 (e), to any person or persons, then this recognizance to be void, otherwise to stand in full force. {Signature of surety) (d). Taken and acknowledged by the above-named (surety) (e) on the day of , 18 — , at . Before me, (Signature), A justice of the peace (/). (q) Sec General Rules (Parliamentary) M. T., 1868, No. 19, and General Rules (April 17, 1883) for the effectual execution of part iv. of the Municipal Corporations Act, 1882, No. 25. (r) Name and description of person before whom taken. (s) Name and usual place of abode of the surety, with such sufBcient description as shall enable him to be found or ascertained. (0 Or (if more than one) — severally acknowledged themselves. (w) -C.^., the sum of five hundred pounds (see General Rules, Municipal Corpora- tions Act, No. 2G) — or, one thousand pounds— or, the following sums, that is to say, the said (first surety) the sum of £ , the said (second surety) the sum of £ , the said (third surety) the sum of £ , and the said (fourth surety) the sum of £ . (x) Or, — their respective. (y) Insert names of all the petitioners, and if more than one, add — or any of them. (2) Or, — them, (a) Insert name of the boroudi or county. (b) Or, — petitioners, or any of them. (c) Or, — under the Municipal Corporations Act, 1882. (d) Or, signatures of all the sureties, if more than one. (') There may be one recognizance acknowledged by all the sureties, or separate recognizances by one or more, as may be convenient: Gen. Rules, M. T., 1868, No. 18, and Gen. Rules, Municipal Corporations Act, No. 24. (/) The recognizance may be acknowledged before a Judge at Chambers or the Master in town, or a justice of the peace in the country. The form of affidavit hy surety of sufficieiiry would run : — In the High Court of Justice, Queen's Bench Divi- sion. The Parliamentary Elections Act, 1868 (or, Municipal Corporations Act, 1882). I , of (as in recof/niza7ice), make oath and say that I am seised or possessed of real (or, personal) estate above what will satisfy my debts of the clear value of £ . Sworn, &c. See Gen. Rules (Parliamentary), M. T. 1868, No. 28, and Gen. Rules, Municipal Corporations Act, 1882, No. 33. PRACTICAL FOB MS. 249 PAKT XXVI.— ENDORSEMENTS. No. 1. Of Registry of Proceedings in Banhrujptcy (g). Proceedings. In the High Court of Justice, sitting in Bankruptcy (h), against (The debtor), of, &c., Grocer. Petition dated of , 18 — . Petitioning Creditor (if one), Mr. A. B. 1st Meeting, of , 18—. Adjourned do., of , 18 — . 2nd (Scheme of arrangement), of , 18 — . Public examination, of , 18 — . [Manager and] Keceiver, JMr. C. D. Trustee, Mr. E. F. Accountants, Messrs. D. & B. Resolution, scheme of arrangement filed, of , 18—. for composition, of , 18 — . Trustee released, • of , 18 — . Debtor discharged, of , 18 — . Solicitors for Petitioner, Messrs. G. H. and I. K., of W. Counsel for him, Mr. L. ]\[. Solicitor for Trustee, Mr. E. M., of D. Counsel for him, Mr. B. P. Bankers, Messrs. J. & D. No. 2. On a Prohate. Probate of the Will [and Codicil] of [the deceased), of . Dated the day of , 18 — . Extracted by Mr. {the solicitor), Solicitor, W . ((/) By tliis simple plan of endorsing the portfolio or wrapper containing the proceedings, the time and trouble of opening tiie papers to search for any required • information may be avoided. . Q) Or, — in the County Court of D., holden at G . 250 PRACTICAL FORMS. o O. No. Oil Letters of Administration {i). [Limited.] Administration {h) of the effects of Mr. {the deceased), deceased, of Dated the day of , 18—. Extracted by Messrs. {the solicitors), Solicitors, Cheapside, London. No. 4. Of Service of a Writ of Summons. This writ was served by me, at , on the Defendant [or, one of the Defendants], , on Monday, the day of , 18 — . Indorsed the day of , 18 — . {Signature.) {Address.) No. 5. Of a little, or Stimmons. Delivered a true copy of the within rule [or — summons (/)] to [and left it with] the within-named Defendant {the i)erson served) personally at D., [in the county of] W., this day of , 18—. {Signature.) Clerk to Messrs. A. B. & Son, Solicitors, Street, York. No. 6. Of Notices. Delivered a duplicate {m) of the within notice {n) to the within-named Mr. {the i^erson served) personally at {as above), this day of , 18 — . {Signature.) {Address as in i^receding form.) (i) If a limited administration, insert the word — "Limited" above the word administration. (k) If an administration witli tlic will annexed, after the word "administration," insert — with the will [and codicils] annexed. (/) For tlie fnrm of affidavit of service of summons, see Rules of Supreme Court, 1883, Appendix B, No. 23, and i'art II., F.,rin No. 11, siqvv. (m) Or, — a true copy. (n) Oi; other documtnt, naming it. PllACTICAL FORMS. 251 No. 7. A DUPLICATE (o) of the within notice {])) has this dr.y been delivered personally {q) to, and left with the within-named Mr. itlie im-son to uiiom 'it is addressed), of, &c., Draper, by me. (Signature.) Clerk to, &c. (as above). No. 8. A TRUE COPY of the within notice was, on the day of , 18—, delivered by me personally to, and left with the within-named Mr. (tlie imiy served), of, &c., Draper (r) ; who stated, kc. (s). {Signature.) Clerk, &c. {as above). No. 9. Of a Transfer of an Innkeej^ers Liceiice. I HEREBY assign all my interest in the within licence to Mr. {tlie assignee), of, &e., Brewer, this day of , 18 — . No. 10. Of Covenants on Deeds. Memorandum. — This deed has, by indenture bearing date the day of , 18 — , been, by the [within-named] A. B., covenanted to be produced to C. D., of, &c.. Grocer, the purchaser of part of the property within described as {state tlie name, if any), with the appurtenances [and to his heirs and assigns (0]- (o) Or, — a true copy. (p) Or, other document. Iq) Or, it lelt at the dwelling-liouse, say — delivered to, and left with E. D., the ■nrife— 0?-, son— or, daughter— or, servant— of {the i^erson to luhom it is addressed), at his dwelling-house, at W., in the county of D. (r) If lett with a person who is not known, say— with a person who stated herself to be the wife or servant, &c. Or,— to C. D., a clerk— or, a person who stated himself to be a clerk of the within named {the person to luhom it is addressed), at his office {or, other place of hiisiness), at W., — or, in Street, York. (s) Sometimes it is important to record the observations made on effecting; service of documents, for the purpose not only of refreshing the memory, but of giving it in evidence; audit is often desirable to record it on the document itself, because it then bears its own testimony that it was noted at the time, which is often equally im- portant to prevent doubt and suspicion. (<) Or,— by an indenture, dated, &c., the within-named A. B. has covenanted to pro- duce and give copies of this deed to C. D., of, «&c.. Draper, the purchaser of the close within called — — close, with its appurtenances [and to his heirs and assigns]— or, under a statutory acknowledgment by the within named A. B., this deed is to be pro- duced and copies given to C. D., of, &c,, Grocer, the purchaser of, &c. {as above). 252 FRACTICAL FORMS. PAET XXVII.— EXHIBITS (w). Memoranda of Identity. No. 1. On a Document. This is the paper {or parchment) writing marked X. Y. 1 (-y), referred to in the affidavit {w) of {the deponent), sworn {x) tliis •day of , 18 — . Before me, {The commissioner), A commissioner, &c. {as in Part III., Form No. 61). No. 2. On a Deed. This is the indenture {y) marked " ," referred to in the annexed affidavit {w) of {the dei^onent), sworn {x) this day of , 18—. Before me, {The commissioner), A commissioner, &c. {z). {u) Every certificate on an exhibit referred to in an affidavit signed by the com- missioner or officer before whom the affidavit is sworn, should be marked with the short title of tlie cause or matter (Rules of Supreme Court, 1883, Ord. 38, r, 24), and the reference to the record should be added. Properly speaking a document is exhibited when it is intended to file the affidavit without the document, in which case it should be referred to in the affidavit as "now produced and shown to me, and marked ," and the person before whom the affidavit is sworn should ascertain that the deponent has seen the document and is aware of its contents ; but if the document is referred to in the affidavit as " hereunto annexed," it must be annexed to the affidavit at the time it is sworn, and the affidavit cannot be filed without it. It is, therefore, generally more convenient to refer to a document as an exhibit, and by Rules of Supreme Court, 1883, Ord. 38, r, 23, accounts, extracts from parish registers, particulars of creditor's debts, &c., should not be referred to as annexed, but as exhibits. {v) Where there are a number of documents and affidavits it avoids confusion to • mark the documents belonging to each affidavit with consecutive numbers, and the initials of the deponent. {vj) Or, — affirmation — or, declaration. (x) Or, — affirmed — or, declared. (2/) '^'■j — ^ill °f sale— 0/-, power of attorney. (2) The remainder of the Commissioner's description is seldom used in exhibits, but it seems proper to add it, because it makes the form more complete. PB ACTIO AL FORMS. 2^^ No. 3. On a Will. This is the will [and codicil] marked , referred to in the affidavit (a) of {the deponent), sworn (h) this day of , 18 — . Before me, {Tlie commissioner), A commissioner, &c. No. 4. On a Rule. This is the rule marked , referred to in the annexed affidavit of {the deponent), sworn this day of , 18 — . Before me, &c. {as above). No. 5. On a Plan. This is the plan marked , referred to in the annexed affidavit of {the deponent), sworn this day of , 18 — . Before me, &c. {as above). No. 6. On Depositions. Memorandum. — The examination contained in this and the an- nexed preceding sheets of paper having been taken in shorthand and transcribed, the deponent A. B. has this day appeared before me, and, having read and signed the said examination, has been duly sworn to the truth thereof, at C, in the county of D., this day of , 18 — , by me, H. M., of C, in the county of D., A commissioner, &c. No. 7. Another Form. This and the annexed preceding sheets of paper were signed at C, in the county of D., in my presence, by A. B., who, after reading the statements therein contained, declared the same to be true. H. M., of, &c. {as above). (a) Or, — affirmation — or, declaration. (b) Or, — affirmed — or, declared. 254 PR ACTIO AL FORMS, PAET XXVIII.— aUARANTEE (c). No. 1. Fo7' Goods supplied to Third Person. To Messrs. A. B. and Company, Grocers, S , Kent. In consideration of your supplying Mr. A. B. with such goods and articles [in your trade] as he may require [within months from this date {d)], I hereby guarantee the payment to you of any sum not exceeding, at any time, the sum of pounds, which may be due from him to your firm on a floating balance of account for the same [at any time within the said period of months next ensu- ing, but not longer or otherwise]. Dated this day of , 18 — . {Signature.) No. 2. For the Fidelitij of a Clerh. To Messrs. A. B. and Son, of, kc, Merchants. In consideration of your having consented to receive my son {tJie clerlv) into your service as a commercial traveller (e), I, the under- signed {the father), of, &c., Grocer, hereby guaeantee that he shall serve your firm, for the time being, diligently and faithfully, in all respects, according to your requirements, during such service ; which is to be determinable, at any time, by either party giving to the other of them months' notice in writing. And particularly that he shall duly account for, deliver, and pay over to your firm, or as they may direct, all moneys and property which shall be paid, entrusted, or committed to his care in the capacity aforesaid, or otherwise. But this guarantee is to cease with the said service ; without prejudice, however, to the rights which may have then accrued to your firm under it. Dated this day of , 18 — . {Signature.) ' (c) Stamp 6cZ. when under hand only, and no stamp required if the sale of goods is the primary object of the document. (d) It is proper to stipulate the time as well as the sum, when practicable, so as to prevent the question of its being a continuing guarantee, or of tlie sum being for goods purchased to its amount at any onetime. But if desired, for the sake of further precaution, after the words "next ensuing," may be added — but this guarantee is to extend only to that amount, at any time, and for this period exclusively. (e) Or, — as a cashier {or oUitr) clerk {or, olher ixqMcitg). The following portion of this form will serve as a form for the condition of a bond for the same purpose. See a form of bond, ante, p. 140. PRACTICAL FOBMS. 255 No. 3. For Advances by a Bank. To the Banking Company, Limited. In consideration of your permitting Mr. {the customer), of, &c., Grocer, at our request to open and keep his banking account uith you, and of your giving him such credit and making him such advances by way of discount or otherwise, as he may, from time to time, require, either witli or without security, and as you thinlc proper, we hereby jointly and severally guarantee to you the payment of all moneys (which term shall include all interest, commission, and your usual banking charges) (/) which now are or shall at any time hereafter during the continuance of this guarantee be due from him to you either on the general balance of his said account, or for advances or otherwise or in respect of the payment of all bills or notes which may, from time to time, be held by you, and upon which he shall or may be solely or jointly liable to you, and of all costs, charges, and expenses which you may incur in enforcing or obtaining payment of such advances, balances, bills, or notes. And we expressly declare that this guarantee shall be a continuing guarantee to you for any amount not exceeding pounds ; and that it shall not be deemed to be wholly or partially satisfied by the payment or liquidation of any sum or sums of money which may, for the time being, be due to you from the said (eiistomer) as aforesaid ; but shall extend to cover and be a security for all and every such sum and sums of money as shall or may, at any time, or times hereafter, during the continuance of this guarantee, be due to you from the said {customer) notwithstanding any such payment or lia nidation. And we hereby consent and authorize you, at any time or times at your discretion, to refuse further credit to the said {customer) and to grant or allow any time, dispensation, or indulgence to him or us or [any or] either of us, or to any person or persons liable to him or to you on his account [either as the drawers, acceptors, or endorsers of any cheque or cheques, bill or bills of exchange, or promissory note or notes] received by you from or drawn by him, on your firm or on which he may be liable to you, and to compound with him, or any or either of us, or of such persons respectively, and to receive all dividends, and sums whatsoever payable under such composition and apply them to the general account of the said (customer). And we hereby undertake and declare that the giving such time, dispensation, and indulgence or compounding shall not be deemed to satisfy, discharge, or in any way, prejudice or affect our liability to your said company, nor any proceedings which may be taken against us or either of us in respect thereof, or otherwise under this (/) Here may be added — either for or in respect of advances or discount, or for ieeping his said account — o); the usual banker's charges. 256 PRACTICAL FORMS. guarantee ; wtiicli shall apply to and secure any ultimate as well as any floating balance that shall remain due to your said company ; but shall be determinable at any time on payment of the balance then due to you from the said {customer). Dated the day of , 18 — . {Signature.) PAKT XXIX.— HEADINGS. No. 1. Of Handbills and Particulars of Sale. Handbills and particulars of sale are usually shortli/ headed with a few conspicuous and attractive tvords, so as to show, at a glance, the 7iature and tenure of the property offered, as — Important to capitalists. Or, the manor or reputed manor of B. Or, superior freehold estate at B. Or, freehold farm and lands at B. Or, freehold lands in the fertile district of B. Or, rich and productive freehold [grazing] lands at B. Or, important and desirable freehold property at B. Or, neat and compact freehold dwelling-house and offices at B. Or, [freehold] building land at B. Or, most eligible freehold — or, leasehold — property at B,, with a policy of life assurance. Or, freehold brewery — or, malthouse — or, mill — or, hotel — or, inn — or, public-house. Or, peremptory — or, unreserved — {g) sale. Or, unreserved sale of important and freehold property at B. Or, important and valuable [and highly improvable] freehold [or, copyhold — or, leasehold] estate at S. Or, freehold and stock farm, containing acres of most produc- tive land. Or, freehold dairy and grazing — or, stock — farm, called " ," containing about acres of rich and productive meadow and pasture land. Or, freehold farm, consisting of acres of very superior water meadow and pasture lands. Or, valuable freehold dairy and stock farm [with substantial home- steads] in the rich districts between A. and B., in the county of W., surrounded by magnificent scenery, partly bounded by B. and C. rivers — or, canals — and presenting a most eligible opportunity for investment. Or, freehold house property, with shops, most advantageously {g) When it is intended that tlie sale shall he j;)eremptory OT unreserved, it should appear on the face of the handbills or particulars. FEACTIGAL FOB MS. 257 situated in the best part of C. and presenting most eligible investments. Oi', freehold houses and shops, being Nos. — , — , and — , at D., centrally situated — or, situated in the best part of the prin- cipal street — in the thriving — or, flourishing market — town of D., let at a gross rental of £ per annum. To BE SOLD (li) by auction (/) — or, by tender. By Mr. A. B. — or, Messrs. C. and D. At the Auction Mart, Cornhill, Loudon. Or, at Garraway's Coffee House, Cornhill, London. Or, at the Hotel, at B. [in the county of Berks.]. Or, at the Inn, at B., Kent. Or, on the premises. On , the day of , IS — , at ■ o'clock in the noon, by direction of the trustees under the marriage settle- ment of A, B., Esq. — or, the executors of the will of Mr. A. B. — or, of Sir A. B., in consequence of the death of Lady B. Or, by order of the trustee of the estate of C. D., a bankrupt. Or, by order of the mortgagees, under a power of sale [contained in a mortgage, dated the day of , 18 — ]. Or, by order of the executors of the will of A. B. and wdth the concurrence of the mortrrairees. Or, by order of the executors of the will of Mr. A. B. and the trus- tees, under a petition in bankruptcy, against C. D. Or, by the direction of the G reat Western Rtiilway {or other Com- pany). Or, by the direction of the proprietor, and with the concurrence — or, consent — of the mortgagee. Or, with the sanction of the mortgagees, and under the direction of the chief clerk of 3Ir. Justice [or, of the official liquidator], acting in the winding up of the said company. Or, by order of the High Court, under a petition in bankruptcy, against A. B,, Grocer, on the petition of the mortgagees. Or, pursuant to an order of Court, made in the above-named action, beai-ing date the day of , 18—, with the approba- tion of Mr. Justice , the judge to whom the action is assigned. Or, peremptorily and without reserve, under a conveyance in trust for sale, executed by the late A. B., and others. In lots — or, in one or more lot or lots. Or, in one lot, and if a sutiicient sum should not be offered, then in lots, agreeably to the plan and particulars which will then be produced. Or, in one lot, and if not sold, then to be offered again imme- diately afterwards [at the same auction] — or, on the same (/t) Or, — Mr. A. B. has been instructed — or, favoured with instructions — to sell. {I) If the property be sold under the dh-ectiou of the Chancery Division ol' the High Court, the short title ot the cause should be placed at the head of the jiar- ticulars : In the High Court of Justice, Chancery Division. A. B. v. C. D. 1886, B. No. . 258 PRACTICAL FOB MS. day— in several lots, stated in the follo^Ying particulars of sale. Or, eitlier together or in lots, as may be arranged at the time of sale. Or, in one lot — or, in separate parcels for building. Or, in such lots as may be agreed on at the time of sale. Or, cither together or separately, as may be agreed at the time of sale. Or, either in the following lots— or such other lots, and in such order, as may be determined on by the vendors at the time of sale. Or, this valuable estate— or, property— presents an eligible oppor- tunity for investment, and will be submitted in one or the following lots, as may be determined at the time of sale. Unless previously disposed of by private contract [of which due notice will be given]. Or, unless an acceptable offer be — or, acceptable offers are — made by private treaty. Or, with permission to receive offers in the mean time for pur- chase of the property, by private treaty, either altogether or separately. Subject to conditions which will be then read ; and also subject to— an ANNUITY for the life of G. C, aged on the day of last. Qy^ — to the payment of a legacy of • pounds bequeathed by the will of A. B., late of, &;c.. Grocer, deceased, to C. D., and payable to him on the day of , 18 — , when he will attain the age of 21 years, with interest at £5 per cent. per annum in the mean time. Or, — to the payment of a [perpetual] geound-eent— or, chief- rent — or, quit-rent — or, lord's-rent — of pounds during the [residue of a term of years now determinable with the] lives of G. H. and W. K., respectively aged and on their last birthdays (or as the fact may he). Or,— to the payment of a perpetual eent-chaege of pounds per annum — or, payable during the life of A. B., aged years on his last birthda}'. Or, — to the payment of the sum of • pounds, with interest at the rate of £ per cent, per annum, secured by a mort- gage on the property — or, part of the property {defining it,, as) — on that part of the property which is now in the occupa- tion of J. S. Or, — to an estate for life vested in G. E., aged on the day of last. Or, — to an Estate determinable with the lives of W. D. and C. 1\., respectively aged and on their last birth- days. PRACTICAL FORMS. 25:9 No. 2. For a Steward or Receiver's Account. Names of tenant. Nature of the property. Arrears of rent due at Michas. 18—. One year's rent due at Mich. 18—. Total due at Michas. 18—. Cash re- ceived. Total arrears at Mich. 18—. Remarks. Johns, K. Meadow. 43 £ 1 s. 6 d. 2 £ S. 12 d. £ls. d. 13! 6 2 1 £ 10 s.\d. £|s. d. 3 6 2 < To be paid at / Christmas. No. 3. As to Lifeholds and Copyholds. Names of lessees or tenants. Property. 25 Annual rent. Heriots. Lives. Remarks. Sims, John Green, Jos. Cottage and > Garden \ Meadow . 59 31 £ 4 8 «. 4 8 d. £ 8. 3 d. James Green \ Kichd. Diver/ Simon Best . 1 i Lessee to be required to do repairs. The tenant to be called upon to renew. No. 4. For a Survey. Name of tenant. Property. o t< ^3> Nature of property. State. Quantity. Remarks. A. E. p. Best, George East Farm 26 Farmhouse Brewhouse Good . . Indifferent • • •• •' To be new slated. j To be new roofed Barn . Bad . . • • • • • • 1 and generally re- ( paired. Tiles to be relaid, Stable Ditto . . •• •• • • I and floor joists ro- ( moved and replaced. Carthouso Good . . , , , , , , The Leaze Bad . 1 5 2 To be drained. 260 PRACTICAL FORMS, No. 5. Foi^ a Deed and Document Reference Booh. >'o. of parcel. Contents of parcel. Property to which they lead. Of whom received. When received. When returned. By whom returned. Ptemarks. 2G Title deeds The Manor Mr. A. B. 19 May 20 June CD. One Mortgage Farm be- the 18—. 18—. (Clerk) Deed dated 27th longing steward. January, 18 — , to Lord A. \Yas not re- turned, as it re- lated to other property sold to E. F., wlio has covenanted to produce it. A copy accom- panies these Title Deeds. No. 6. For an Arhitration. Sum in dispute. How proved. Sum allowed. Sum dis- allowed. Remarks. £ 192 s. 6 d. 4 By dishonoured accept- ance for £100, — by receipts for money lent, and by vouchers for money paid. Mr. G. Jones proves the handwriting to tlic bill; Mr. William Smith the payments. £ 190 s. 1 d. 2 £ 2 8. 5 d. 2 This sum was disallowed as interest charged upon payments without any agreement for interest. No. 7. To Petitions (Jc). To the Queen's ]\[ost Excellent Majesty in Council. The humble petition of A. K, of, &c. Sheweth, That, &c. (stating sliortly the grounds of the Tetition). Your petitioner therefore humbly prays that your Majesty will be graciously pleased to grant, &c. {stating the ohject sought). And your petitioner, as in duty bound, will ever pray, &c. (^•) The mode of addressing all Public I'.odics and Individuals in high OfBcial capacities, is by Petition or Memorial, »gc post, under those Titles. PRACTICAL FOB MS. 261 To the House of Lords. To the Eight Honourable the Lords Spiritual and Temporal in Parliament assembled. The humble petition of A. B., of, &c. Sheweth, That, &c. {stating facts sliorthj). Your petitioner therefore humbly prays your Hon- ourable House, &c. (stating the object sought), And your petitioner, as in duty bound (/), will ever pray, &c. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. To the Lords Commissioners of Her Majesty's Treasury. To the Lords Commissioners for executing the Office of Lord High Admiral. To the (m) Judicial Committee of Her Majesty's Most Honour- able Privy Council. To the Commissioners of Her Majesty's Customs. To the Commissioners of Inland Kevenue. TotheKightHonourable the Lord High Chancellor of Great Britain. To His Grace, the Lord Archbishop of Canterbury — [or York]. To the Eight Eeverend, the Lord Bishop of W. To his Grace, the Uuke of Cambridge, the Field Marshal Com- manding in Chief. To the Eight Honourable, the Lords Justices of Appeal. To the Eight Honourable, the Lord Chief Justice of England. To the Right Honourable, the Master of the Rolls. To the Honourable, Mr. Justice . No. 8. To a Bill of Costs (??) in Cliancery Division (o). IS— — , No. — . In the High Court of Justice. Chancery Division. Mr. Justice . (T) The words "as in duty Liound " are not used in any of the subsequent memorials. {m) Or, — To the Lords of the, &c. (ji) As to the scale of cliarges allowed for conveyancing, see the Solicitors' Remuneration Act, 1881, and the general order and schedule thereto made in pursuance of that Act. For costs under the Settled Land Act, 1882, see ss. 4G (6) and 47 of that Act, and Nos. 14 to 17 of the Settled Laud Act llules, 1882. For general rules as to costs, see Orders and Rules of the Supreme Court, 1883, Order 65, and Appendix N. For special allowances and general regulations, see the 58 sub-rules to rule 27 of the Order 05 above mentioned; see also the orders as to Supreme Court fees 1894, and the schedule thereto ; order under the Sheriffs Act, 1887, dated August, 1888, and the table thereto ; also Orders of Januarv, 1883 (73 to 77). (o) A bill of costs should be intituled in the action or matter, and the business should be entered under the aitting in which it was transacted. For the requisites 262 PRACTICAL FORMS. Between and others, plaintiffs, and and others, defendants. The bill of costs (^) of the plaintiff {q) to be taxed as between solicitor and client (r) pursuant to order (.§) dated the day of , 18— (t). [Hilary] Sittings, 18—. 18 — January. (u) Instructions to sue (a-) ... ... £ (ij) as to the delivery of bills of costs, reference for taxation, and the payment of costs of taxation, see ss, 37 to 43 of the Solicitors' Act, 1843, s. 2 of the Legal Prac- titioners' Act, 1875, the Eulcs of the Supreme Court, 1883, Order 55, Part I., liule 2 (15). For the allowance of interest, and power of the court to charge propert}', and for the taxation and payment of deceased lunatics' costs, see ss. 27 to 29 of the Solicitors' Act, 18G0, and s. 145 of the Lunacy Regulation Act, 1853. As to agreements between solicitors and their clients as to costs, and as to security for future costs, see Attorneys and Solicitors Act, 1870. For taxation the bill of costs must be indorsed with the name and address of the solicitor leaving the same, and of his principal, if he is an agent (Rules of Supreme Court, 1883, Ord. 65, r. 27 (58)). It should be written on foolscap paper bookwise, with a broad margin on the left band side of each page for the amounts taxed off, to be there placed by the taxing officer when taxing the bill. For forms of orders to deliver bills of costs and to tax, see Nos. 40b to 43 of Appendix K to Rules of Supreme Court, 1883. If there has been no previous taxation, a certificate to that effect must be written in the margin of the original judgment or order, and of the copy, and the sitting master will then insert the name of the taxing master in rotation and sign a certificate in the margin of the judgment or order. (p) And (if so) charges and expenses of, &c. (q) Or, — plaintiiFs — or, defendant — ar, defendants, — or, of and attending proceedings — or, applicant — or, receiver. (r) Or, as the case njay be. (s) Or, — tinder the judgment dated the day of , 18 — . (t) A copy of the judgment or order should be written on foolscap paper book- wise, and a certificate, by the solicitor procuring the taxation, verifying the copy, written in the margin of the first page. The heading of the bill will of course vary according to the nature of the case, and follow the title of the cause. (u) The year and montli should be at the top of each page, the day of the month at the commencement of each item or class of items. Dates should not be put on left liand side, as they confuse the taxation, but should be placed within the margin, and scored under. (a?) Or, — defend — or, for petition — or, to appeal — or, to appear on appeal — or, to apply — or, to my charges for negotiating sale {or, — purchase) of property at, &c, — or, attending you, &c. — or, as the case may be. (y) If on s])ecial grounds the fees in either the higher or lower scale are deemed by the judge, master in chambers, or taxing master inadequate, he may in his discretion make a further allowance : Rules of Supreme Court, 1883, Ord. 05, r. 27 (8), (9), (10). PEACTICAL FORMS. 263 Paid the folloiiing Witnesses (z). Name. Address and occupation. Distance travelled. Number of days nei-es- -sarily absent. Amount paid for loss of lime. Amount paid for travelling and hotel expenses. ToUl amount paid. A. B. days viz. : idates) £ £ £ Summary of Bill {a). Taxed off. Pagel. £ 5> O O. Amount. •o . . • • • • ... ^ • ■ 1 Taxed oflf . . . Paid ad valorem duty (&) £. £.., (2) There is no settled scale in the High Court, but the Masters are guided by the ^s tl'*^ case may be. (.'/) Or (in an action, cf/., for slander), — plaintiif's costs of this action and of and incidental to the reference and award of Mr. , or, as the case may be. (/«) Or (in the case of defendant), — Instructions to defend — or, as the case mayi^ (/) Bills of costs in bankruptcy for taxation mast be co[iied on draft jiaper lenJ^ wise, on one side only, leaving the left-hand margin clear for the Master's disaflpw- ances and dates to eacii item. For costs in bankruptcy see Bankruptcy Art, JSs;;, .•<. To, and General Rules made pursuant to s. I'll of that Act (Rules 94 to 9ii ; US to 110, and 25 I), and scale of solicitor's costs (December, 1883), also the table of fees and percentages uhich came into force 1st of January, 1884. The allowances to witnesses are the same as in the lligli Court. Sec the above General Rules, Nos. 56, 57, Efo. ..jPor the form of request to deliver a bill for taxation and for the form of the allocatui* see Xos. 95 and 90 of the forms in the appcndi.x to the above general rules. (/,) Or, — helow. By the rules in bankruptcy, it must be stated at the top of the front sheet whether the assets are above or below £300. On a trustee's .solicitor'.^ bill the names of the trustee and of the committee of inspection should appear, and on a debtor's solicitor's costs of petition a certificate as to wdiat amount has been received on account. Where costs are to be ta.\ed under an order, an office copy of the order must be lodged with the bill. (/) Receiving order — or, as the case may be. (m) Jn lower ^vale cases the bill sliould have two columns, tlie first to contain payments, the second charges. PRACTICAL FORMS. "205 No. 11. To a BUI of Costs hi the House of Lords. In the House of Lords. On appeal from Her Majesty's Court of Appeal (Euglaud) («). Between , appellant, and , and others, respondents. The appellant's (o) bill of costs. Session IS — . 18 — , January, Attending the appellant, &c. ... ... £ 0^) Instructions for petition of appeal ... £ No. 12. In the County Court {(j). An account of Sams Eeceived and Paid in Cause, and Solicitor's Costs. County Court of B , at M . of , 18—. Plaint (Plaijititf) V. (Defendant). Claim to for goods sold and^lelivered (r). (n) Or, — On appeal from the Court of Session in Scotland — or, as the case may be. (o) Or, — respondent's. (p) For scale of charges for parliameutary agents and solicitors, see the list (dated August 28, 188-3), prepared by the Clerk of the Parliaments in pursuance of The House of Lords Costs Taxation Act, 1849 (12 & 13 Vict. c. 78), and revised in conformity with the Appellate Jurisdiction Act, 1876. Charges included in a bill of costs not strictly parliamentary are allowed according to the scale applicable to the court in which the proceeding took place. (q) For the practice in the matter of costs, including allowances to witnesses (supra. Form No. 8, n. {z) ), see County Courts Act, 1888, sects. 113 to 119, 130, 164 to 166, and Order L.A. of the County Court Rules, issued thereunder in 1892, with the scales thereby authorized. As to costs of actions sent for trial to County Court, see Rules of Supreme Court, 1883, Ord. 65, r. 4. As to the review of the taxation in bank- ruptcy matters of a registrar of a county court by a bankruptcy taxing master of the High Court, see No. 104 of the L'aukruptcy Rules, 1883. (r) Or, — forrent—o/', money lent — o/',paid — or, for damages for breach of warranty — or, injury to the person — or, property of, &c. 166 PRACTICAL FORMS. Dates. Keceiyed of Plaintift" on account For plaint, suuimons, and service Subpoena Jury Hearing fees "WiTXESSES, viz. : — PJaintiff", grocer, miles A. B., grocer's assistant, C. D., draper, miles miles and costs Clerk and| Judgment (s) for Plaintiff for . Counsel's [or Advocate's] fee [if Counsel Solicitor] ... "Warrant of execution Solicitor's Costs as allowed, viz. : — Instructions for, and preparing particulars of demand.., Attending entering plaint Paid fees thereon .. Attending examining -witnesses and taking particulars of their evidence for the hearing [Attending Counsel instructiug him] [Paid him and Clerk] Attending .Court [if no Counsel] conducting cause IMileage from B Paid hearing fee Paid witnesses (as above) ... Bill of Costs and Copy Attending taxing ... Keceiyed of Defendant on account out of Court Proceedings on the Judgment. Paid for transcript of judgment (for use in aforeign'\ Court) ... ... ... ... / for judgment summons hearing fees Paid for warrant of commitment [for days; to bej suspended for days on payment of £ in> days] ) Ecceivcd of Defendant of Plaintiff [_if not recovered of Defendant^ , . . raid. d. Received. d. (s) Or, if after trial by jury, — verdict. rn ACTIO AL FORMS. 207 PART XXX.— IXTERPLEADEE. No. 1. Affidavit in Support of Relief hij loay of Interpjleader (t). By a Staheliolder (u). 18— — No. In the High Court of Justice. Queen's Bencli Division (x). Between (y), plaintiff, and {deponent), defendant. T, {deponent), of , in the county of (c), the above-named •defendant, make oath and say as follows: — 1. The writ of summons herein was issued on the day of , 18 — , and was served on me on the day of , 18 — . 2. The action is brought to recover {a). 3. The said {h) is in my possession, but I claim no interest therein. 4. The right to the said ,the subject matter of this action, has 'been and is claimed by one (c), of , who has commenced an action {d) against me for the recovery of the said . 5. I do not in any manner collude with the said (e) or with {t) The statutes relating to interpleader are repealed, and the practice is now regulated by the Uules of Supreme Court, 1883, Ord. 57. The proceedings ■ commence by an interpleader summons in the action, but if no action has been brought the equity rule is now adopteil, and it is sufficient that the applicant is harassed by conflicting claims, in which case his application will be by originating • summons. For forms of interpleader summons in the Chancery Division, see Daniell's Chancery Forms, 4th ed., 1885, Nos. 1574 to 157<>. For forms of inter- pleader orders, see Rules of Supreme Court, 1883, Appendix K., Nos. 50 to 55a., : and in the Chancery Division see Seton, pp. 436, 437, 444 to 446. («) Under the term " stakeholder " is included any ordinary person who has con- flicting claims made or threatened against him. The form of affidavit here given is to be found in the Rules of Supreme Court, 1883, Appendix B, No. 26, and may be readily adapted to claims in respect of money or specific property. (a;) As to the title where there are several causes or matters in several divisions, see Rules of Supreme Court, 1883, Ord. 57, r. 14 ; and as to the power of transferring interpleader proceedings to the County Court, see Supreme Court of ■ Judicature Act, 1884, s. 17. {y) The plaintiff in the action pending at the suit of one of the claimants. (2) E.g., wharfinger — or, other addition, as the case may be. (a) Describe concisely the subject-matter of the action, e.r/. the plaintiff claims a return of a pipe of wine deposited with me by him on or about the ■ last, or its value and damages for its detention. {b) E.g. pipe of wine. (c) The other claimant. {d) Or, — whom I expect to commence an action. If the claim, or threat of pro- ceedings, or other notice, is in writing, the document should be here referred to and iiuade an exhibit. (') The other claimant. 268 PRACTICAL FORMS. the above-named plaintiff, but I am ready to dispose (/) of the said in such manner as the Court or a judge may order or direct. SwoRX at, &c. {as in Part II. Form No. 1). (Dejwiient.) Filed on behalf of the defendant. No. 2. Bfj a Sheriff. 18—, — , No. . In the High Court of Justice. Queen's Bench Division {g). Between (h), plaintiff, and (*'), defendant. I, {sheriff's officer), of , officer to the Sheriff of ■, make oath and say as follows : — 1. Under and by virtue of a writ oi fieri facias, issued out of this Division of this Honourable Court in the above action, directed and delivered to the said sheriff, commanding him that he should cause to be made of the goods and chattels of the above-named defendants the sum of £ (/■), and indorsed to levy {I), be- sides slieriff's poundage, officer's fees, and other incidental expenses, and also by virtue of a warrant of the said sheriff granted on the said writ and to me directed, I did on the day of , 18 — , take possession of certain goods and chattels in the dwelling-house {m) of the above-named defendant, situate at in the same county, and the said goods and chattels still remain in my possession as officer of the said sheriff. 2. {n) On or about the day of , 18 — , I was served with a written notice, of which the following is a true copy (o). o. This application is made solely on my behalf as officer to the said sheriff, at my own expense and for my own relief and protection, and for the relief and protection of the said sheriff, and I do not, nor (/) ^''i — ^^t ^ ^"^ ready to bring into Court — O/', to pay or dispose, &c. (r/) The aiiplication is to be made to the Court out of which ttie process issued. (/i) The jilaintiff in tlio action as the result of Avhicli process issued. (<) Tiie defendant in the same action. (A-) State amount according to the writ. (?) State amount according to indorsement. {ill) Or, — shop. (?(.) State the claim set up by the tliird party. (ary registration in the Central Office of the Supreme C^urt ot Jurisdiction, in pursuance of any other Act. (5) If the application is made by any person other than a solicitor, it mu^t bo verified by the statutory declaration of the applicant (Land Charges Rules, 1881), No. 2). (c) Here state nature of writ or order. PRACTICAL FOllMti. 271 Name(s) of the Person{s) whose Estate{s) h (are) to he affeoted. Surname. Clnistian name or names. Address. Title, trade, or profession. Jones John 20, Hill Street, AVest- miuster Draper, Land Kegistry Stamp 2/6 each name. No. 2. Register of Deeds of Arrangement. Form 2. — Application, to Begister a Deed of Arrange- ment id). Land Charges Eegistration and SeaPwChes Act, 1888. Office of Land Begisfry. Filed for registration the _ clay of , 18- By- of. Solicitor (6). Date of the deed— July 27, 1894. PARTIES TO THE DEED (e). John Jones (1). William Ashen (2). William Simpson, Kobey & Co, Peter Johnson, and others (3). Name(s) of the Person(s) whose Estate{s) is {are) to he affected. Surname. Christian name nr names. Address. Title, trade, or profession. Jones John 20, Hill Street, West- minster Draper. (cZ) Unless registered, a deed of arrangement is void against a subsequent purchaser for value (Land Charges, &c., Act, 1888, s. 9). (e) Names only ; and, where the creditors are numerous, enter the names of tlie first three, adding " and others." 272 PRACTICAL FOBMS. No. 3. Register of Land Cliarges. Form 3. — AjJj^lication to Register a Land Charge. Land Chaeges Kegistration and Searches Act, 1888. Ojjiee of Land Registry. Filed the- day of. By of _,18- Solicitor(/). A charge upon lands in the parish of Harrow. Dated the 14th day of June, 1893. By virtue of the statute Improvement of Land Act, 1864. TJie Person{s) in whose Name{s) the Registration is to he made. Surname. Christian name. Address. Title, trade, or profession. Capacity (51). Whitehead Charles Henry The Grove, Harrow Civil engineer Tenant for life in possession. No. 4. Form 5. — Ai~)iMcatio]i for Official Search. Land Charges Kegistration and Searches Act, 1888. Office of Land Registry. Please search the Register of Writs and Orders, from the 1st January, 1889, to the of • , 18 — , inclusive. Deeds of Arrangement from the 1st of January, 1889, to the of , 18 — , inclusive. Land Charges from the 1st of January, 1888, to the of , 18—, inclusive. N.B. — For Office Copy Certificate of Official Searcli tliree days' notice is required. (/) See notes (a) and (I) to Form No. 1, suin-a. {(/) Here state whether beneficially entitled to the first estate of freehold, or to a lease for lives or life, or for a term of years, or whether tenant on the Court ItoUs of the Manor. FEES, payable in advance, either by Land Registry Stamps, or by Postal or P.O. Orders : For ail Ofiicial s. d. Certificate of re- sults of Search (in one name)... 5 For every ad- ditional name 2 For Office Copy of Certificate (not exceeding 2 folios) 1 l"or every ad- ditional folio ... 6 l'"or a continuation searcli (to be niado within one iiKiuth of date of certificate) lor each name For Office Copy do. (not exceed- ing 2 folios) ... 1 1 PRACTICAL FORMS. •273 Surname or uames. Christian name or names. Address or addresses. Titles, trades, or professions (ft). Jones John Westminster Draper. I (we) declare that the above search(es) is (are) required for the purposes of a sale (mortgage lease ) from William Askew to l\obert Goodtitle. X.B.— State here if or when office copy certificate is to l)e calleil for or sent. In the latter case a stamped and addressed envelope should bo left. Signature, address and description') of the applicant or solicitor (i) ) Dated this day of 18—. Eobert Goodtitle, Solicitor. No. 5. Form 8. — Bequisition for Continuation of Official Search. Land Charges Eegisteation and Searches Act, 1888. Office of Land Begistry. Please continue the search (es) in the Kegister(s) of Writs and Orders, Deeds of Arrangement, or Land Charges (made pursuant to the requisition dated the of , 18—), in the name of Jones, John, down to the of , 18—, inclusive. Signature and address of ) applicant or solicitor (i). } Dated this of -, 18—. N_B.— The certificate of the original search must be forwarded with this application. n i r XoTE.— State here whether certificate to be sent by post or to be called tor. (h) If the person against whom the search is to be made has more than one address, title, trade, or profession, this may be filled in accordingly. (/) See n. (h) to Form Ko. 1, stipra. T 274 PRACTICAL FOBMS. No. 6. Form 1. — Ai^iilication for JRegistration with Absolute Title. LajS'D Transfer Act, 1875. Land Eegistry. No. of Title, 273. Egbert Goodtitle of Brentford, being entitled for his own benefit to an estate in fee simple in the land, in the parish of Harrow, in the connty of Middlesex, called or known as Broad Acres, applies to be registered as proprietor thereof with absolute title. The address of the said applicant for service is, 27, Colman Street, London, E.G., 14 July, 1893. Signature of Applicant or his Solicitor (f). Instructions for filling up the adjoined For:m. N.B. — The applicant is assumed to have perused the " General Instructions" explaining the nature and effect of registration, and giving information as to fees, expenses, &c. All applications must be made either personally or through a solicitor. 1. WJiat Title must he shown. As a rule the title should be carried back by documentary or possessory evidence for 40 years. But where the title appears to the Registrar, though not carried back for tlie full period, to be a good holding title, or where the title appears to him to have been duly investigated on a recent sale or mortgage, the Registrar has a wide discretion given him, which removes many of the difficulties and greatly facilitates registration. 2. TJie Application — how made. The application will be written on the adjoined form signed by the applicant, or his solicitor, and sent to the office together with — (a) The deeds and documents necessary to prove the title. (&) An abstract of the same (if any exists), and any opinions of counsel, requisitions on title, replies, ka., and any existing maps or plans of the property, that may be available, (e) ^2 to meet the preliminary fee of 10s. on the abstract, and small expenses likely to be incurred. Where the deeds and documents are not in the applicant's control an arrangement will be made for their examination by a solicitor on behalf of the office. Where the abstract contains notes of a previous adverse examination by a solicitor, or his clerk, being a solicitor, such examination will usually suffice. The abstract need not be freshly copied. The materials thus furnished will enable the application to (./) Sec n. {h) to Form Xo. 1, supra. PnACTlCAL FOBMS. '2,5 proceed. All further requirements will be duly stated to the applicant or his solicitor. 3. Settled Land, Licumlrances, Leases, d'c. In the case of settled land it will be advisable to communicate with the Registry betbre preparing the application. If the nature of the settlement be shortly stated., instructions will be given as to the proper form of, and parties to, the application. Land can be registered subject to incumbrances, leases, ^^'C, and with or without the minerals. The consent of incumbrancers, ikc, is not necessary. Xo. 7. Form 1 A. — Statuiori/ Declaration hj Absolute Owner Applying for Begistrafion with Pcssessorij Title. Land Transfer Act. 1875. Land Ef.gistry. Xo. of Title, 273. I, Robert Goodtitle, of Brentford (Jc), solemnly and sincerely declare that I am in possession or receipt of the rents and profits of the whole of the land shown and edged with red on the accom- panvins: map marked A, now produced and shown to me ; that I have f ower to di-pose thereof in fee simple, that there are no incumbrances, and that the value of the land does not exceed £2500. -rVnd I make this solemn declaration, conscientiously believing the same to be true, and bv virtue or the Statutory Declarations Act, 1S35. Declared by the said Robert Goodtitle, at ^ Brentford, in the county of Middlesex, this / of , IS — , before me, , a Com- I' (Signature.) missioner to administer oaths in the Supreme I Court of Judicature. ) Land Transfer Act, 1S75. Land Registry, Staple Inn, Holborn, W.C. List ructions for Applicants for Eegistration icitJi Possessory Title. X.B. — The applicant is assumed to have perused the " General Instructions," explaining the nature and e&eQt of registration, and giving information as to fees, expenses. <^*c. All applications must be made either personally or through a solicitor. (A-) This is Fonu 1 A under the Land Transfer Act, 1S75. Similar forms, with- mLHJiflcations, required where the applicant is donee of a power of sale, with or vrithout the consent of another person or a contracting purchaser, are numbered 1 B, 1 C, 1 D. lJ76 PRACTICAL FORMS. 1. The Map. The first step is tlie preparation of a map of the land, for deposit in the Eegistry. The applicant should furnish the Map Depart- ment with such map or description as he may have in his possession (a map will often be found endorsed on the last con- yeyance or some other title deed), or he may attend and point out the land on the general index-map kept at the ofSce. The map will be prepared on the ordnance-sheet of the district (at a cost usually of a few shillings only), and when this is done, the application can be presented. 2. The Application. The application will be made by leaving at the Eegistry — (a) The Statutory Declaration by the applicant in the form endorsed thereon. (h) The map above mentioned, duly marked as an exhibit to the declaration, (c) The fee for registration, and a deposit (usually 10s.) to meet small expenses. The registration will then be completed in the office, by filling up the prescribed folio for the register ; or, if desired, such folio can be obtained beforehand and filled up by the applicant or his solicitor. 3. Title Deeds to he marked. The last conveyance or other deed should be sent to the office with the application, to be marked with notice of the registration. When so marked, it will be returned. If the applicant has no such deed, the fact should be stated, and thereupon the registration will be announced in a newspaper. 4. Settled Land and Incumhrances. If the applicant is a trustee, or " tenant for life," under the Settled Land Acts, or if he desires to make any statement with regard to the existence or non-existence of incumbrances, the fact should be stated, and thereupon special forms of application, declaration, &c., will be supplied. 5. Miscellaneous. The Statutory Declaration can, if desired, be taken in the Hegistry. A deposit may be required when the map is applied for, and, if a statement of the value of tlie land be left at the same time, a complete estimate of expenses can be furnished at once. If a land certificate is required, written application should be made for it, but such certificate is not necessary. PRACTICAL FORMS. 277 No. 8. Form 1 E. — Statutonj Declaration hi/ Ahsohife Owner apiylijing for Begistration with Possessori/ Title, with Schedule of Inciunhranees. Land Transfer Act, 1875. Land Eegistry. No. of Title, 273. I, Kobert Goodtitle, of Brentford, solemnly and sincerely declare that I {I) am in possession or receipt of the rents and profits of the whole of the land shown on the accompanying map marked "A," and (if so) described in the schedule to the accompanying folio marked B, now respectively produced and sliown to me ; and that I have power to dispose thereof in fee simple, subject only to the Incumbrances, Leases, &c., mentioned in the schedule hereto, and that the value of the land does not exceed £ . I The Schedule. A Deed of Covenants as to building line, &c., dated the 14tli day of Febrnarj-, 1S72, made between Andrew Fairfield, of the one part, and James Leeson, of the other part. A Lease for 21 years, from the 7th day of April, 1881, made between Andrew Fairfield, of the one part, Thomas Lindey, of the other part. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared by the said , at , in the"] county of , this of , 18 — , before me, — in the Supreme Court of Judicature. — -, tuij, ux -, _xo— , uciui«, (Signature.) , a Commissioner to administer oaths l ^ -^ No. 9. Form 4. — Statutory Declaration for Registration ivith Ahsolute or Leasehold Title {to he made after the Examination of Title hy tlie Begistrar lias been comijleted.) Land Eegistry. Land Transfer Act. No. of Title, 273. In the matter of the application of Eobert Goodtitle. We, Eobert Goodtitle, of Brentford, and William Searchwell, of (I) This is Form 1 E under the Land Transfer Act, 1875. Similar forms, with modifications, required where the applicant is donee of a power of sale witli or without the consent of another person or a contracting purchaser, are numbered 1 F, 1 G, 1 H. 278 PRACTICAL FORMS. 15, Moorgate Street, London, Solicitor, severally, solemnly, and sincerely declare, to the best of our respective knowledge, infor- mation, and belief, as follows : — 1. That all deeds, writings, and instruments of title, and all leases, charges, and incumbrances affecting the title to the land Avhich is the subject of the above-mentioned application, and all facts material to such title, have been disclosed in the course of the investigation of the said title made by the Kegistrar. 2. That the map marked " A " now produced to us comprises, within the part edged with red, the whole of such land, and no more than such land. 3. That the actual possession, or receipt of the rents and profits, of such land is in accordance with the title of the applicant as deduced to the Eegistrar, and that the value of the land ivith all improvements is (m) under £2500. 4. That the said applicant has never been bankrupt or insolvent, or in any way amenable to the bankruptcy or insolvency laws. 5. That there is no judgment, lis pendens, land charge, or other similar incumbrance, registered or unregistered, in existence, affecting tlie said land. 6. That the means of our respective knowledge, information, and belief are as follows (that is to say) : — (State them.) And we severally make the above solemn declaration, con- scientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared by the said , at , in the' county of , this of , 18 — , before me, — in the Supreme Court of Judicature. j Declared by the said , at , in the\ county of — -, this — of — -, 18-, before ( (Signature.) me, , a Commissioner to administer oaths i ^ "^ '' in the Supreme Court of Judicature. / , ,^,s _ ^, —-,_^o—, u«xux« ^Signature.) , a Commissioner to administer oatns^ ^ -^ ^ No. 10. Form 4 A. — Statutory Declaration to he made hy the Applicant or his Solicitor (if any) after the Eegistrar has completed his Inquiries Into the Title o)i the- Death of a sole Proprietor of Freehold Land not beneficially entitled. Land Transfer Act, 1875. Land Kegistry. No. of Title, 213. Li the matter of the application to registrar a transmission on the death of Eobert Goodtitle. (m) Correct to "leasehold interest " if the land be leasehold. PRACTICAL FORMS. 279 We, John Goodtitle, of Breutford, and William Searcliwell, of 15, Moorgate Street, London, Solicitor, hereby solemnly and sincerely declare : — That all deeds, writings, and instruments of title, and all charo-es and incumbrances affecting the title to the land which is the subject of the above application, and all facts material to such title, have been disclosed to the Registrar in course of the said application. And we make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared by the said , at , in the'', county of , this of , 18—, before/ .^. . me, , a Commissioner to administer oaths in ( KOiguature.) the Supreme Court of Judicature. j Declared by the said at , in the\ county of , this of , 18—, before / me, , a Commissioner to administer oaths in I {oirfnature.) the Supreme Court of Judicature. i No. 11. Form 5 A. — Instrument of Charge affecting the Whole of the Land Gomiorised in a Title ; with Instructions. Land Transfer Act, 1875. Land Registry. Instructions. 1. limore than one title be charged, fill in the numbers of all the titles included in the charge. A fixed fee of 5s. is payable for each extra title. 2. If the proprietor of the land has changed his address, fill in his present address, adding the registered address, preceded by the words " formerly of." 3. If any of the stipulations contained in Form 7 to the Rules of 1889 are desired, they can be inserted in writing in the space left at the foot of the charge. If the space is too small they can be written on a Schedule which will be supplied for the purpose. 4. EejMgment hg Instalments. — Where provision is made for repayment by instalments, care should be taken to incorporate sec. 21 of the Conveyancing Act, 1881, in the manner set forth in Form 7 (A) above referred to. 5. Charges in favour of Building Societies. — Arrangements can be made under Rule 5 of 1889, for incorporating the special conditions of Building Society Mortgages. The form in such cases should be settled with the Registrar before execution. 280 PRACTICAL FOB MS. 6. The person creating the charge should sign or acknowledge his signature in the presence of a Magistrate, Commissioner for Oaths,, practising solicitor, or banker, who is personally acquainted with him, and the verification should be duly filled up and signed in the manner shown in the form ; the person in whose favour the charge is created need not sign. If there be more than one person creating the charge the signature of each should be similarly verified. 7. Where the person creating a charge is a Land or Building- Societi/, Comixmy, or Corporation, the verification of execution should be made on a special form (37 A) issued for the purpose. 8. The iiroper Inland Eevenue stamp, if any, should be impressed on the form, and Land Begistry stamps to the amount of the office fee (see Fee Order, January 16, 1889), should be affixed, and the charge should be left at, or sent by post to, the Land Begistry, 34, Lincoln's Inn Fields, W.C., without delay. (Land Kegistry stamps can be obtained, and instruments impressed with Inland Eevenue stamps, through the office stationer or through the Post OlFice.) 9. If a Cliarge Certificate be required, an application (Form 36) should be left or sent at the same time, with Laud Registry stamps to the amount of the fee affixed to it. No. of Title charged, 273. 15th of May, 1894. In consideration of £500. I, Robert Goodtitle, of Brentford, hereby charge all the lands comprised in the title above referred to with the payment to John Jenkinson, of Wembley, in the County of Middlesex, Auctioneer, on the 15th of November, 1894, of the principal sum of £500 with interest at 4 per cent, per annum, payable half-yearly on the 15th of November and the 15th of May, and with a power of sale exercise- able after the 15th of November, 1894. [Here add any of the specicd stipulations given in Bule 3, Form 7, that may he required.] Signature of proprietor of land — — . Verification of Signature of Proprietor of Land. I am personally acquainted with the above-named Robert Good- title, and I certify that he now resides \or, formerly resided] at Brentford, and that he is to the best of my belief the same person as the Robert Goodtitle who is named in the Register under the title above referred to, and that I saw him this day sign [or, he attended before me this day and acknowledged his signature to] the above document. Signature of J.R, Commissioner for Oaths, ^ solicitor, or banker, adding address and {Signature.) capacity. j Date of Registration of Charge, of , 1<'^ — . Pll ACTIO AL FOBM^. 281 [For use in the office.] Proprietor ol' charge. Kotes. No. 12. Form 5 B. — Instnment of Charge affecting only a Fart of the Land comprised in a Title ; with Instructions. Land Transfer Act, 1875. Land Kegistry. Instructions. The instructions given on the preceding form, but numbered' respectively 1, 2, 4, 5, 6, 7, 8, 9, and 10, are given on this. Further instructions are : — 3. A plan made from the deposited map of the estate, shoukl accompany the charge, showing ihe part charged by a red border, and signed by the person making the charge, and by the verifier, and should be marked as that referred to in the charge. 11. This form can also be used where, on transfer of part of th& land comprised in a title, the transferee desires, before the regis- tration of the transfer, to give a charge on the whole of the land transferred to him. In such case the number of the title from which the land is taken should be filled in, and the plan used for the transfer can also be used for the charge. The verification should be altered so as to identify the mortgagor as " the person named in the transfer dated , from A. B. to C. D." Such a charge will only be valid if left, with the transfer, for registration. within 14 days of the date of the latter. Half fees only are payable on charges of this kind. "O^ No. of Title charged, 273. 4th of June, 1894. In consideration of £200. I, Robert Goodtitle, of Brentford, hereby charge all the land shown and edged with red on the accompanying plan signed by me, being part of the land comprised in the title above referred to with the payment to James Sawyer, of Watford, Gentleman, on tho 4th of December, 1894, of the principal sum of £200, with interest .282 PRACTICAL FORMS. 4it five per cent, per annum, payable half-yearly on the 4th of December and the 4th of June, and with a power of sale exerciseable after the 4th of December, 1894. [Here add any of the special stijmlatioiis given in Rule 5, Form 7.] Signature of proprietor of land . Verification, ci'c, as in preceding form. Date of Kegistration of Charge, of , IS — . [For use in the oflfice.] Proprietor of charge. Xotes. No. 13. Form 8 A. — Instrument of Transfer of the Wliole of the Land com]}rised in a Title (see adjoined Instructions). Land Teansfer Act, 1875. Land Eegistry. No, of Title, 273. 24th of December, 1894. In consideration of £2200. I, Kobert Goodtitle, of Brentford, hereby transfer to Alfred Sterling, of Kensington, all the land comprised in the title above referred to. Eobert Goodtitle, Brentford, Solicitor. Verification of Transferor s Signature. I am personally acquainted witli the above-named Kobert Good- title, and I certify that he now resities [or, formerly resided] at {registered address) Brentford, and that he is, to the best of my knowledge and belief, the same person as the Kobert Goodtitle who is named in the Register under the title above referred to, and that I saw him this day sign [or, that he attended before me this day and acknowledged his signature to] the above document. Dated • of , 18 — . To be signed by a J. P., Commissioner'! for Oaths, practising solicitor, or banker, v. (Signature.) .adding address and capacity. j FllACTICAL FOllMS. 283 Instkuctioxs for filling up the Adjoined Tkinsfer, 1. If more than one title be transferred, fill in the numbers of all the titles. A fixed fee of 5s. is payable on every extra title. 2. If the proprietor has changed his address, fill in his present address, adding his registered address, preceded by the words " formerly of." 3. Where the value of the land does not appear from the docu- ment, it should be stated on a separate paper, and such further evidence (if any) furnished as may be required. 4. The transferor should sign, or acknowledge his signature, in the presence of a Magistrate, Commissioner of Oaths, practising solicitor, or banker, who is personally acquainted with him, and the subjoined verijication should be duly filled up and signed in the manner shown in the form ; the transferee need not sign. If there be more than one transferor the signature of each should be similarly verified. 5. Where the transferor is a Land or Building Society, Compamj, or Cor^joration, the verification of execution should be made on a special form (37a) issued for the purpose. 6. The p'oi^er Inland Bevenue stamp, if any, should be impressed on the form, and Land Begistry stamps to the amount of the office fee (see Fee Order, January 16, 18S9) and Is. for stationer's charges, should be affixed, and the transfer should be left at, or sent by post to, the Land Begistry, 34:, Lincoln's Inn Fields, W.C., without delay. (Land Kegistry stamps can be obtained, and instruments impressed with Inland Eevenue stamps, through the office stationer or through the Post Office.) 7. If a Land Certificate be required, an application (Form 36) should be leit or sent at the same time, with Land Begistry stamps to the amount of the fee affixed to it. 8. If the transfer is subject to conditions which it is desired to register, they should not be entered or referred to on the transfer, but should be filled in on a Form of Application (32a) provided for the purpose. Such form should be signed by both transferor and transferee, and should accompany the transfer. N.B. — Only such conditions as are mentioned in sec. 84 of the Act can be registered. 9. Where the transfer is made by the proprietor of a registered charge, in exercise of his power of sale, the words " sell and " should be inserted before the word " transfer " in the form, and an application to notily cessation of the charge (Form 22) signed by him and duly verified should accompany the transfer. 284 PRACTICAL FOBMS. No. 14. Form 8 B. — Instrument of Transfer of Part of the Land comprised in a Title {see adjoined Instructions). ^Land Tkansfer Act, 1879. Land Eegistry. No. of Title, . of , 18 — . In consideration of £750. I, Eobert Goodtitle, of Brentford, hereby transfer to Alfred Sterling, of Kensington, all the land shown and edged with red on the accompanying map, signed by me and marked A, and also- signed by (or on behalf of) the said transferee, now produced and shown to me, being part of the land comprised in the title above referred to. Robert Goodtitle. Verification, &c., as in preceding form {n). Insteuctions for filling up the Adjoined Teansfee. The instructions given on the preceding form, but numbered respectively 1, 2, 3, -4, 7, 8, 9, 10, and 11, are given on this. Further instructions are : — 5. A map (consisting, as a rule, of the largest scale published Ordnance map), showing the part disposed of by an edging of red, should accompany the transfer. The map should be signed on the^ hack by the transferor, and by the transferee or his solicitor; it should also be marked A, and signed (also on the back) by the person who verifies the transferor's signature. G. If a verbal description be required to be registered, it should be written on a folio in a special form (to be obtained at the liegistry) and signed at the foot by the transferee or a solicitor. No. 15. Form 18 A. — Bestriction. Land Teansfee Act, 1875. Land Eegistry. No, of Title, . No transfer shall be made of, or charge created on, the land comprised in the above title unless notice of such transfer or charge is sent by post through the Land llegistry to , of , and , of , or until further order. (n) If more than one verification be required, the form should be copied on the back. PRACTICAL FORMS. 285 Please enter the above restriction against the title above referred to. Signature of registered ' proprietor or applicant for registration as proprietor. -of ^ Dated this of , 18 — . No. 16. Form 18 B, — Restriction. Land Transfer Act, 1875. Land Eegistry. No. of Title, . No transfer shall be made of, or charge created on, the land com- prised in the above title during the joint lives of , of , and ^ of , and the life of the survivor of them, except with their, his, or her request, in writing, first had or obtained, or until further order. Please enter the above restriction against the title above referred to. Signature of registered \ ■ proprietor or applicant for \ of ; registration as proprietor ) Dated this of , 18 — . No. 17. Form 18 C. — Restriction. Land Transfer Act, 1875. Land Eegistry. No. of Title, . All money paid on any transfer, or charge, affecting the land comprised in the above title, shall, until further order be paid to , of , and , of , or into Court. (o) The mansion house and land shown and edged with red on the accompanying map, shall not, until further order, be transferred without the consent of the said and or an order of the Court. Please enter the above restriction against the title above referred to. Signature of registered J proprietor or applicant for > of ^ — registration as proprietor. ) Dated this of , 18 — . {(J) This latter clause can be struck out if not required. 286 PRACTICAL FOB MS. No. 18. Form 21 A. — Instrument of Transfer of a Charge, Land Transfer Act, 1875. Land Kegistry. No. of Title, . -r 1 .. jf ^x. 1 ( Dated of , 18—. In the matter of the charge | j^ggigtered of , 18-. of •, 18 — . In consideration of £ , I — , of — hereby transfer to of the charge above leferred to. Signature of transferor. Verification. I am personally acquainted with the above-named , and I certify that he now resides [or, formerly resided] at , and that he is, to the best of my knowledge and belief, the same person as the who is named in the Eegister under the charge above referred to, and that I saw him this day sign [or, that he attended before me this day and acknowledged his signature to] the above document. Dated of , 18 — . Signature of Justice of the Peace, ) Commissioner for Oaths, practis-J (Signature.) ing solicitor, or banker, tfcc. ) Instructions for filling up the Adjoined Transfer. 1. If more than one charge be transferred, fill in references to all the charges ; if they are numerous they may be scheduled on the back. on - 2. If the proprietor of the charge has changed hts address, fill m his present address, adding his registered address, preceded by the words " formerly of." 8. If the consideration is not ivholhj a 'pecuniary one, the words "in consideration of" should be cancelled. 4. The transferor must sign, or acknowledge his signature, in the presence of a Magistrate, Commissioner for Oaths, practising soli- citor, or hanker, who is personally acquainted with him, and the sub- joined verification must be duly filled up and signed in the manner shown in the form ; the transferee need not sign. 5. Where the transferor is a Land or Building Society, Company, or Corporation, the transfer should be made on a special form issued for the purpose. 6. The proper Inland llerenue stamp, if any, should be impressed on the form, and Land Reqistry stamps to the amount of the office fee (see Fee Order, January 16, 1889) should be affixed, and the transfer should be left at, or sent by post to, the Land Registry, Staple Inn, Holborn, W.C., without delay. ^ 7. If a new Charge Certificate be required, an application in Form PB ACTIO AL FOBMS. 287 3G should be left or sent at the same time, with Land Begistnj stamjis to the amount of the fee affixed to it. 8. Where a j^art of tlie original frincipal sum has heen ];jaid off, the following words should be added to the form after the words " above referred to " : — " Not more than £ remains due in respect of the princ-ipal secured by the said charge." It is essential that the words " not more than " should be used, the mortgagor not being a party. No. 19. Form 22 A. — Ai-iplication to Notifij the Cessation of a Charge. Land Transfer Act, 1875. Land Eegistry. No. of Title, . In the matter of the charge | Reg^i3te"^-^-r^l-^18-. of , 18—. , of of , hereby requests the Eegistrar to notify on the Kegister the cessation of the charge above referred to. Signature of registered proprietor of charge . Verification of A]y]flicanfs Signature. I am personally acquainted with the above-named , and I certifv that he now resides [or, formerly resided] at {registered address) , and that he is, to the best of my knowledge and belief, the same person as the who is named in the Register under the charge above referred to, and that I saw him this day sign \oT, that he attended before me this day and acknowledged his signature to] the above document. Dated of , 18—. To be signed by a J.P., Commissioner for Oaths, practising solicitor, or banker, adding address and capacity. Instructions for Filling up the Adjoined Application. 1. If more than one charge or title be referred to, fill in references to all the charges and titles ; if the former are numerous they may be scheduled on the back. If there be more than one charge on the Register bearing the same date, care should be taken to show which is intended. 2. If the proprietor of the charge has changed his address, fill in his present address, adding his registered address, preceded by the words "formerly of." o. The applicant should be the registered proprietor of the cliarge, •288 PRACTICAL FORMS. and should sigu, or acknowledge his signature in the presence of a Magistrate, Commissioner for Oaths, practising solicitor, or banker, who is personally acquainted with him, and the subjoined verification should be duly filled up and signed in the manner shown in the form ; if there be more than one proprietor, the signature of each should be similarly verified. 4. Where the applicant is a Land or Building Society, Company, or Corporation, the verification should be made on a special form (37a) issued for the purpose. 5. The proper Inland JRevenue stamp for a reconveyance should be impressed on the form, and Land Registry stamps to the amount of 7s. for each charge, and 5s. for each extra title affected after the first, and Is. for stationer's charges should be affixed, and the appli- cation should be left at, or sent by post to, the Land Registry, 34, Lincoln's Inn Fields, W.C., without delay. (Land Registry stamps can be obtained, and instruments impressed with Inland Kevenue stamps, through the office stationer or through the Post Office.) 6. Where onl}'' a portion of the land comprised in a charge is released, an addition should be made to the form as follows : — As to the land shown and edged with red on the accompany- ing tracing, signed by me, or As to the land shown and edged with red on the accompany- ing map, signed by me and referred to in the accompanying transfer from (A. B.) to (0. D.). Where a tracing or map is referred to, it should be an extract from the registered map or tracing, and should be signed (on the back) by the registered proprietor of the charge, and by the person who verifies his signature. No. 20. Form 27 A. — Application to Register a Transmission on the Death of one of Severed Joint Proprietors of Freehold or Leasehold land or of a charge. Land Transfer Act, 1875. Land Registry. No. of Title, . [If so] In the matter of the charge {i>eg^\e";:;^_!_';i~l_^78__ [p) of {q) , and (p), of {q) , HEREBY APPLY to be registered as proprietors of the land comprised in the title [or, of the charge] above referred to in consequence of the death of , of (r) , [and hereby certify that the value of the land {or, (p) Surviving proprietors. (7) The re(jutered address of the applicants and of the deceased should be given in each case, (r) Name of deceased proprietor. rnACTlCAL FOllMS. 280 leasehold interest) with all buildings and improvements is under £ ] (s). J- ;itor. \ Signatures of applicants | of , 18- or of their solicitor. of ,18-. Statutory Declaration of Identity in Su/pport of the Annexed Application. No. of title, . r-,^ n X , .X i- J.I. 1 I Dated of ,18 — . [If so] In the matter ot the charge [i.^gi^tered — of , 18-. 1 , of , solemnly and sincerely declare that I was per- sonally acquainted with the — — , (t) named in the certificate of death (or burial) now produced and shown to me marked " A," and that he formerly resided at (w), and that he was to the best of iny knowledge and belief the same person as the (t), who is named in the register under the title [or, charge] above referred to. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared by the said , at , in the^, county of , this _ of 18-, before/ rgi ature.) me , a Commissioner to administer oatusi ^ "^ in the Supreme Court of Judicature. J No. 21. Form 27 B. — Application to Register a Transmission under the Will of the Sole Proprietor of Freehold Land beneficially entitled. Land Teansfer Act, 1875. Land registry. No. of Title, . , of , and , of , hereby apply for the registration of , of , as proprietor of the land comprised in the above title in place of , of («), deceased. Signature of applicants \ of , 18 — . or their solicitor. i [ of , 18—. We, the undersigned, hereby consent to the above application {x). Signatures of consenting parties (if any). (s) Oaiit in case of a charge. (t) Name of deceased proprietor. («) iiegistered address. (x) The above consent should (if practicable) be signed by the heir-at-law and by the trustees and executors (if not themselves the applicants). If not so signed, notice of the application will be sent to them by the Registrar (at the applicants' expense) and 10 days allowed for objections. U 290 PRACTICAL FORMS. Statutory Declaration in support of the Annexed Application. No of Title, . We , of , and , of , the applicants named in the annexed application, and ,of , their solicitor, hereby solemnly and sincerely declare as follows :— 1. The testator named in the probate marked "A" now produced and shown to us was beneficially entitled at the time of his death to the whole of the land comprised in the above title. 2. All proper searches were made on the death of the said testator for testamentary writings, and the will [and codicils] mentioned in the said probate contain[s], to the best of our knowledge, the final testamentary dispositions of the said testator, and the said probate has not been disputed by any person. 3. All succession duties and debts charged or chargeable on the said land have been paid (a). 4. The applicant[sj is [are] entitled as the beneficial devisee[s] (or, as trust ee[s] for sale or tenant for life under the Settled Land Acts) in the said will named. 5. • , of , is [or, I, tlie said , am] the heir-at-law of the said testator. 6. , of , and , of , [or, we, the said applicants] are the trustees and executors of the said testator. 7. The present value of the land (with all buildings and improve- ments) is under £ . And I [we] make this solemn declaration, conscientiously be- lieving the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared by the said , at , in the county of — — , this — of , 18 — , before me , a Commissioner to administer oaths l in the Supreme Court of Judicature. {Signature.) No. 22. Form 27 C. — Apjplication to Register a Transmission on the Intestacif of a Sole Froprietor of Freehold Building Land heneficially entitled. Land Transfer Act, 1875. Land Registry. No. of Title, , of , hereby applies for the registration of himself {or, of , of ) as proprietor of the land comprised in the above title, in place of of {h), deceased. Signature of the applicant,] or, of his solicitor. / of , 18 — . (a) This to be altered accordiug to circumstances. (6) llegistcred address. PRACTICAL FORMS. 291 Statutory Declaration in Support of the Annexed Application. No. of Title, . We (c), , of , and , of , solicitor, hereby solemnly and sincerely declare as follows : — I The (d) named inthe letters of ad ministration (or certificate of death or burial) now produced and shown to us marked "' A " was beneficially entitled at the time of his death to the whole of the laud comprised in the above title. 2. All proper searches were made on the death of the said (d) and nothing purporting or appearing to be a testamentary disposition by him was found among his papers or elsewhere, and we are satisfied that none exists (or otherwise, as the case may he). 3. All succession duties and debts chargeable on the said land have been paid (e). 4. The said applicant is entitled as heir-at-law of the said {d) to be registered in his place. 5. The said left no widow {or, surviving husbiind) entitled to dower {or, curtesy). 6. The present value of the land (with all buildiugs and improve- ments) is under £ . And we make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared bv the said , at , in the\ county of — _, this of --— , 18-, before ( ^Sigmture.) me, a Commissioner to administer oaths m the ( Supreme Court of Judicature. ) No. 23. Form 27 D. — Application to Register a Transmission on the Death of a Trustee or Tenant for Life Registered as Sole Proprietor of Freehold Land. Land Transfek Act, 1875. Land Kegistky. -, of ,and , of , hereby apply (or the registra- tion of themselves {or, , of -), as proprietors of the land comprised in the above title in place of , of {f), deceased. (c) Applicant and his solicitor (if any). {(1) Name of deceased proprietor. (e) This to be altered according to circumstances. (/) Registered address. 292 PRACTICAL FOBMS. And HEREBY CERTIFY that the value of the land (with all buildings and improvements) is under £ . / Signatures of the applicants \ of , 18 — . or of their Solicitor. i • ' of , 18—. No. 24. Form 27 E — Application to Register Transmission on the Death of a Sole Proprietor of Leasehold Land or a Charge. Land Transfer Act, 1875. Land Kegistry. No. of Title, . [jf/'so] In the matter of the charge. -( f> o--.^ . a c _!_ -lo — — , of (^), and , of , hereby apply to be registered as proprietors of the land comprised in the title [or, charge] above referred to, in consequence of the death of , of (li) [aud hereby certify that the present value of the lease- hold interest is under £- ] {i). t Signature of the applicants , of , 18- or of their solicitor. i of , 18—. Statutory Declaration of Identittj in support of the Annexed Appjlication. No. of Title, . [J/" so] In the matter of the charge.] -p ^- . T V' ~~,'q I, , of , solemnly and sincerely declare that I was personally acquainted with (Ic), named in the probate [or, letters of administration] now produced and shown to me, marked " A," and that he formerly resided at (h), and that he was, to the best of my knowledge and belief, the same person as the (Z), who is named in the liegister under the title [if so, and the charge] above referred to. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue ot the Statutory Declaration Act, 1835. * ((/) Names aud addresses of executors or administrators. (h) Rejiistered address. (i) Omit in case of a charge. (A;) Name of deceased proprietor. (I) Name of deceased proprietor as in the register. PRACTICAL FORMS. 293 Declared by the said . at , in the« county of , this of , 18—, before / me, in the Supre — , a Commissioner to administer oaths i Supreme Court of Judicature. ,' (Signature.) No. 25. Form .30 A. — Application for Registration of Notice of a Lease or Agreement for a Lease. Land Transfer Act, 1875. Land Registry. No. of Title, . of , 18 — . ■ , of , being interested in the [agree- ment for] lease, short particulars of which are stated on the opposite page, hereby applies for registration of notice of the same, in the terms stated in tlie said particulars, and , of , being the registered proprietor of the above title, hereby concurs in the above application. Signature of applicant . Signature of registered proprietor of the title . Verification of the signature of the registered proprietor of the title (as in Form No. 11, supra). Notice of Lease. No. of Title, . Date of Lease of , 18- — . Parties Term years i'rom the of , 18 — . Rent £ . The lease affects jguch^part} ^^ *^^ ^'^^^ comprised iu the above title [as is shown and edged with red on the tracing attached hereto, or, is numbered on the filed map No. ]. 294 PRACTICAL FORMS. No. 26. Form 32 A. — A'pi^lication to Annex Conditions to Land on the occasion of a Transfer of Part of the Land comjjrised in a Title. No. of original Title, . N.B. — Leave the No. of Title in the annexed condition 6Zanfe,to be filled in in the office. Land Transfer Act, 1875. Land Kegistry. , of , 18 — . Please reo;ister the annexed condition as affecting the land comprised in the accompanying transfer dated of , 18 — , of part of tlie land comprised in tlie title above referred to. (Signatures of transferor and transferee.) Verification of Signature of Transferor. I am personally acquainted with the above-named , and I certify that he now resides [or, formerly resided] at (registered address) , and that he is, to the best of my knowledge and belief, the same person as the , who is named in the Eegister under the title above referred to, and that I saw him this day sign \or, that he attended before me this day and acknowledged his signature to] the above docnment. Dated this of , 18 — . Signature of J.P., Commissioner of Oaths, \ solicitor, or banker, adding address and \ (Signature.) capacity. ) Verification of Signature of Transferee. I am personally acquainted with the above-named , and I certify that he now resides [or, formerly resided] at , and that he is, to the best of my knowledge and belief, the same person as the (address as in trarisfer) , who is named in the transfer above referred to, and that I saw him this day sign [or, that he attended before me this day and acknowledged his signature to] the above document. Dated this day of , 18 — . Signature of J.P., Commissioner of Oaths, \ solicitor, or banker, adding address or ( (Signature.) capacity. ) Land Transfer Act, 1875. Land Kegistry. Condition. No. of Title, . The land comprised in the title above referred to is subject to the following conditions, so far as they are within the 84th Section of the Act. PB ACTIO AL FOllMS. 2i)5 No. 27. Form '37 A. — Statutory Dtdaration verifying the Execution of a Transfer, Charge, or Apidicaiion hy a Company, Corporation, Land, or Building Society, &c. Land Tkansfer Act, 1875. Land Eegistrt. {n), of — — , (o) of the (^p), solemuly and siu- 'cerely declare : — 1. That the seal affixed to the accompanying instrument, dated the of , 18 — , now produced and shown to me, marked " A," is the seal of the said {q). 2. That I saw the same affixed to the said instrument in accord- ance with the regulations in force with respect to the execution of instruments by the said {<]). 3. That the said {q) has been duly registered, and has power to deal with the {r) mentioned in the said instrument in the manner therein appearing. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1835. Declared by the said , at , in the \ county of , this of , 18 — , before f me , a Commissioner to administer oaths C ^ -^ '^ in the Supreme Court of Judicature. ) Insteuctions. Transfers, charges, applications, &c., by companies, corporations, land or building societies, &c., will be executed in the manner prescribed by the respective regulations of those bodies ; and, instead of the ordinary form of verification of such instruments, the above statutory declaration must be made by the secretary, managing director, or other responsible officer of tlie company, corporation, or society. The above form may be used to verify several instruments, if they are to he presented together at the Land Registry, but not otherwise. WJiere the execution is not hy seal the above form can be altered to suit the case. (m) Xame and address. (o) Secretary, managing director, &c. {p) Name of compauy, corporation, or society, as in the instrument. (j) Company, corporation, societj', &c. (r) Land, charge, tSrc. 296 PB ACTIO AL FORMS. No. 28. Ap}-)lication for Registration of a Nominee as Proprietor of Leasehold Land, and His Consent. Land Eegistry Act, 1875. Land Eegistky. No. of Title, (L). , of , hereby applies for the registration of , as his nominee as proprietor of the leasehold land in the parish of , in the county of , described in the accompanying lease marked " A." {Signature of apjjUcant or solicitor.) I the above-named , of , hereby consent to the above application. (Signature of nominee.) Eegistration of Leases. Any lease with over 21 years still to run can be registered. Every lease of over 21 years ought to be registered immediately it is granted. In time the titles of long leaseholds become as com- plicated as those of freeholds. Leases and underleases can be registered whether the freehold or superior lease is registered or not. If registered on its first grant there will be no abstract, and no expense of investigation of title. The ownership will then be kept clear of complications from the very beginning. Instructions for Applicants. The annexed application, duly filled up, should be sent to the Land Eegistry, Staple Inn, Holborn, London, W.C, together with the lease. The name and address of the lessor, or his representa- tive, should also be sent for the purpose of serving him with notice of the application. Where the applicant is the original lessee, and the lease has not been dealt with, no other document need accompany. Where the lease has been dealt with, the documents containing the dealings, and, where necessary, abstracts or copies thereof, should be sent also with the application. If the lease contains a sufficient phin of the property, no other map will be required. Otherwise, the land comprised in the lease will be marked on a sheet of the Ordnance Map at the Land Eegistry, which sheet will be retained as the map of the title. If the consent of any person is necessary to alienation of the lease a note of the fact will be entered on the register. Before completion a statutory declaration must be made by the ap])Jicant in verification of the title. When the registration is completed, an office copy of the lease, i PRACTICAL FORMS. 297 with a tracing of the pUm (if any) thereon, will (if the applicant require it) be made and forwarded to the applicant, with a certificate of title endorsed upon it. The lease is required by the Act to be retained in the Land Registry. No investigation of the lessor's title is necessary. Expense of Registration. The following is an estimate of the total usual expenses of ree:isterina a leasehold title where there have been no dealings to complicate it : — Value of Leaseholder's Interest £500 £1000. £3000. Kegiatration fee (') Certiticate of title (') Tracing of plan for same... Search, statutory declaratiou charges, &c., say , otiice stationer's Total £ s. d. 1 10 10 5 6 10 £ s. d. 3 10 5 6 1 £ s (1. 7 1 5 6 1 (•) Optional. 3 5 6 4 15 6 9 5 If the title is complicated or abstracts are necessary, the expense of examination, and probably of advertisement, will have to be added. No. 29. Application, with the Consent of Another, for Refjistmtion of Leasehold Land. Land Transfer Act, 1875. Land Registry. No. of Title, (L). , of , hereby applies to be registered as proprietor of the leasehold land in the parish of , in the county of , described in the accompanying lease marked "A." (Signature of a])2)liea7it m- solicitor.) -, of , hereby consents to the above application (Signature of person u-hose consent is required.) 298 PRACTICAL FORMS. No. 30. Application for Registration of Leasehold Land, where no Consents are required. Land Transfer Act, 1875. Land Registry. No. of Title, . , of , hereby applies to be registered as proprietor of the leasehold land iu the parish of , in the county of , described in the accompanying Lease marked " A." (Signature of a232^licant or solicitor.) (1) To be left blank. No. 31. Form 1. — Memorial of a Deed made hetiveen Parties. Year 189—. B. No. 6. LAND REGISTRY— MIDDLESEX DEEDS ACTS, (s) Land Eegistry Stamp impressed 5/- Memorial of a Deed. Inland Revenub Impressed Stamp 1 usually 2/6. (2) Names only of grantors, re- leasing parties, &c. (as In the deed). No ad- dresses, &c., to be given here. (3) Parish where the land is situate (as in the deed). Particulars for the Index. Grantor's surname (2). Grantor's Christian Name (2). Parish (3). Goocltitle Robert Harrow Full Particulars of Deed : — Date of deed — 15th of January, 1894. dresses, and de- X artlCS (^ ) parSas^ntti Robert Goodtitle, of Brentford, Solicitor. deed, each on a Alfred Sterlinir, of 62, High Street, Kensington, iresh Iiii6. '~' ■' cj ' *— ' Followed by Gentleman. '^neJlmonof Alessuage and lands 5a. 2r. 15p., situate at Harrow, irin'tKedf and called 13roadmead. Instrument to be delivered to . (s) All powers under the Middlesex Eegistry Act 1708, and any Acts amending it were transferred to the Registrar of the Land Registry, by the Land Registry (Middlesex Deeds) Act, 1891. PRACTICAL FORMS. -99 As to plau (if ;iny) see rule 4. AVhere the iKsfiiption of land in an entlorsetl or annexed deed is made by reference to that contained in the prior deed the dcscriptiou contained in snch prior deed should be also set out in the memorial ; except that, where a memorial of such prior deed has been registered a reference to the year book and number of its registration shall be sufficient without setting out the lull description contained in sucli deed. The same rule applies to reference to deeds, trhereof memorials have been registered, contained in supplemental deeds (<)• The Margins should he left clear. If more sheets than one be used, the party executing and the witness should initial here. Sheets specially prejjared for followers are issued, and should be used. (0 The following paragraphs of the Land Registry (Middlesex Deeds) Act, 1891, schedule 1, and the Land Kegistry (Middlesex Deeds) Eules, 1S92, rules 2 to 6, and forms, should be consulted before filling up this form : — 2. In case of deeds and conveyances, the memorial shall be under the hand and seal of some or one of the grantors, or some or one of the grantees, his or their heirs, executors, or administrators, guardians, or trustees, attested by one witness, such witness, where practicable, to be a witness to the execution of such deed or conveyance, which witness shall, upon his oath, prove the signing and sealing of such memorial, and where such witness is a witness to the deed or conveyance, the execution of the deed or conveyance mentioned in such memorial. 3. In case of wills, the memorial shall be under the hand and seal of some or one of the devisees, his or their heirs, executors, or administrators, guardians, or trustees, attested by one witness, who shall, upon his oath, prove the signing and sealing of such memorial. 4. A certificate of such oath shall be endorsed on the memorial, and shall be signed by the person before wdiom the oath has been taken. 5. Every memorial of any deed, conveyance, or will, shall contain the day of the month, and the year, when such deed, conveyance, or will bears date, and the names and additions of all the parties to such deed or conveyance, and of the devisor or testatrix of such will, and of all the witnesses to sucli deed, conveyance, or will, and, where practicable, the places of their abode; and shall express or mention the lands and hereditaments contained in such deed, conveyance, or will, and the names of all the parishes within the county where any such lands or hereditaments are lying and being, that are given, granted, conveyed, devised, or any way affected or charged by any such deed, conveyance, or will, in such manner as the same are expressed or mentioned in such deed, conveyance, or will, or to the same effect. 6. Every such deed, conveyance, and will, or probate of the same, of which such memorial is so to be registered as aforesaid, shall be produced to an officer of the Registry at the time of registering such memorial. 7. Where there are more writings than one for making and perfecting any con- veyance or security which name, mention, or anyways afl'ect or concern the same lands or hereditaments, it shall be a sufficient memorial and register thereof if all the said lands and hereditaments, and the paiishes wherein the same lie, be only once named or mentioned in the memorial or register of any one of the deeds or writings made for the perfecting of such conveyance or security, and that the date of the rest of the said deeds or writings relating to the said conveyance or security, with the names and additions of the parties and witnesses, and the places of their abodes, be only set down in the memorials and registers of the same, with a reference to the deed or writing whereof the memorial is so registered, that contains^ or ex- presses the parcels mentioned in all the said deeds, and directions how to find the registering the same. 14. Any person deriving title under an instrument (capable of registration under the Acts relating to the Middlesex Registry) which confers on him the right to apply for registration, with a possessory title of the land comprised in it under the Land Trans ler Act, 1875, may at his option either register a memorial of au instrument under the Acts relating to the Middlesex Registry, or apply for regis- tration with a possessory title under the Land Transfer Act, 1875. Such registra- tion shall, when completed, bear the same date as the application, and render 300 PB ACTIO AL FOB MS. (1) To be left blank. No. 32. Form 2. — Memorial of a Deed Poll or other Instrument of a like nature. Year 189—. B. No. O- Lakd (2) Fill in Registry whether memor- andum, deed poll, agreement. Stamp 5/- LAND REGISTRY— MIDDLESEX DEEDS ACTS. Memorial of a Deed Poll (^). impressed Particulaes for the Index. Grantor's Surname (3). Grantor's Christian Name (3). Parish (4). Sterling Alfred Harrow. (3) Names only (as in the instru- ment). No addresses, &c., to be given here. (4) Parish where the land is situate (as in the deed). Full Particulars of Instrument : — Date— 20th of January, 1894. t5)Name,address, Giantor- (5) and description ^^<.vt.uw ^ j as in the instru- kin j Oi t ment. Followed Alfred Sterling. iine)°" Descrip- Messuage and lands 5a. 2r. 15p., situate at Harrow, affe"ctfdl'°fs'in and Called Broadmead. the instrument. As to plan (if any) see rnle 4. Where the description of land in an endorsed or annexed deed is made by reference to that contained in the prior deed or (in any case) to a recital, the description con- tained in such prior deed or recital should be also set out in tlie memorial ; except that, where a memorial of such prior deed has been registered a reference to the year book and number of its registration shall be sufficient without setting out the full description contained in such deed. The same rule applies to reference to deeds, tchereof memorials have been registered, contained in supplemental Deeds. The Land Eegistry (Middlesex Deeds) Act, 1891, schedule 1, paras. 2 to G, 9, and 14, and the Land Registry (Middlesex Deeds) Rules, 1892, rules 2 to 6, and forms, should be consulted before filling up this form. See n. (<) to last form. Ilie Margins should he left clear. If more sheets than one be used, the person executing and the witnesses should initial here. Special sheets are issued for followers, and should be used where required. unnecessary the registration of the instrument under the Acts relating to the Middlesex Registry. No fee shall be paid on such application other than the fee for the registration, under the Land Transfer Act, lb75, and if the application is made by a purchaser, no declaration as to possession shall be required. In the event of an absolute title being afterwards applied for and obtained, allowance shall be made for the fees payable on the registration with possessory title. PRACTICAL FORMS. 301 No. 3:5. Form 3. — Mtmorial of a Will. Year 189—. B. No. (1\ (I) To be left V ■'' l.lnr blauk. LAND REGISTRY— MIDDLESEX DEEDS ACTS. Land Registry Stamp 5/- jMemorial of a Will (^). (2) Add " and codicils " if any requiring lei^istration. Particulars for the Index. Testator's Surname. (3) Full Particulars of Will (-) :■ Date of Will— 23rd of October, 1837. Testator— (^) Robert Groodtitle, of Brentford, Solicitor. Messuage and land, 5a. 2r. 15p., situate and called Broadmead. (3) Name only of testator (as iu the will). No address, &c., to be given here. (4)Name,address, and description of testator, as in the will. Followed by (on a fresh line) " Description of lands affected," a-i in the will. If the death be after 31st December, 18si, a devise of trust "U and mortgage at Marrow, estates need !iot be mentioned. The Laud Registry (Middlesex Deeds) Act, 1S91, schedule 1, paras. 2 to G, and 14. uud the Land Registry (Middlesex Deeds) Rules, 1892, rules 2 to 6, and forms, should be consulted before filling up this form. (See n. (i) to Form No. 31, supra.) Tlie Margins should be left clear. If more sheets than one be used, the person executing and the witness should initial liere. Sheets suitable for followers are issued, and should be used. No. 34. Form of Certificate of Satisfaction of a Mortgage. Year 189—. B. No. (i). LAND REGISTRY— IMIDDLESEX DEEDS ACTS. Land 1-tKGISTRT Impressed Stamp. (2) 6/- Certificate of Satisfaction of a Mortgage (=^). In the matter of the ^Mortgage, registered in the year 18—. B. No. 0. (1) Leave blank. (2) This stamp cannot be im- pressed at the Registry, but a supply of stamped forms is liept tliere. (3) See Laud Kegistry — Middlosex Deeds .\ct, 55. In practice it is nut usual to adopt this form in tlie case of legal mortgages ; a memorial of the re-couveyance should be regis- tered instead. (4) Fill in the 302 PB ACTIO AL FORMS. reference to the registration of tlie mortgage, adding further charges (if any) and their references. (5) Fill in the name, address, and description of the mort- gagee, his execu- tors, or adminis- trators. (6) Signature of mortgagee, his executors, or administrators. I(we)0 of Certify that all sums of money owino- on the mort- gage (and further charges) above referred to are paid or satisfied in discharge thereof. f) ^ Witnesses. [Two witnesses are required, both of whom must verify, either by oath at the registry or by affidavit (unstamped), made before a Commissioner for Oaths. See Form 4 to Rules of 1892. In the case of executors or ad- ministrators, the affidavit sliould identify them as the executors and administrators of the mortgagee. The affidavit may be endorsed on this form.] This certificate is lodged by , The Act of 1708, sec. 17 (revised statutes), and of 1891, sec. o, and rules 2, 5, should be consulted before filling up this Form. The margins should be left clear. No. 35. Requisition for Official Search Note. — Under Rule 13 the Registrar has power to decline any search which shall appear, for sufficisnt reason, to be impractic- able to complete. If a large number of entries are likely to he found, a deposit to meet the extra fee (Is. for every 5 entries or less after the first 10) should be left. LAND KEGISTEY— MIDDLESEX DEEDS ACTS. Eequlsition for Official Search. Land Registry Stamps for the F(e to be affixed here. I' EES : For 10 years or less 7.S. 6d., for every lurther period of 5 years (or less) 2s. M. I require an ofhcial search to be made in the index for the years — to (inclusive) for all entries appearing therefrom to affect lands in the parish(es) of entered against the following name : — (u) Surname. Christian name. The certificate will be required to be ready [or to be sent by postj on the of next (x). (m) Only one name to bo included in each requisition. (x) To be not less than six clear days from the leaving of the reciuisition in the oftice (rule 11). PRACTICAL FORMS. 303 (If the certificate is to be sent by post, a stamped and addressed envelope must be left with the requisition.) Applicant's signature, . Address, . Date, . No. 36. Land Kegistry. Application. No.—. A. B. of , in the county of , Esq., having become entitled to or interested in the estate registered in the name of , of , in {or, part of), the hereditaments in the parish of , in the county of , numbered — on the Kegister of Estates, with an indefeasii3le title in the manner following, namely, by virtue of a deed of , dated the day of , 18—, hereby requests the Eegistrar of the office of Land Registry to register the same accordingly. Dated this day of , 189 — . To be signed by the applicant j ^^^.^.^^^ ^^^ ^^^ li. or his solicitor. The address oi - ^_ ^^^ solicitor to be furnished. J No. 37. Land Registry. Declaration attesting Execution of Instrument and identifyiin/ Of iter. {Official Form.) I, , of , a solicitor of the Supreme Court of Judicature, do solemnly and sincerely declare that I am well acquainted witli -, the person uamed in the deed of , dated the day of , 18 — , maiked " A," now produced to me. That I saw him sign, seal, and as his act and deed deliver the same deed. That the name at the foot thereof is in the handwriting of the said , and that the said is the same person as , who is named in the record of title of the hereditaments numbered on the Register of Estates with an indefeasible title in the office of Land Registry. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. {Signature.) 304 • PRACTICAL FORMS. PAET XXXII.— LEAVE TO DEFEND. No. 1. Affidavit for ohtaining Leave under Order XIV. to Defend an Action (a). 18—, — No. . In the High Court of Justice. Queen's Bench Division. Between, &c. I, {the deponent), of, &c., Grocer, the above-named defendant, make oath and say as follows : — 1. (Here show a prima facie defence on the merits, or set up a valid counter-claim connected with the claim or a set-off, e.g. in an action on a hill or note state such facts as would show fratid or illegality at the inception of the transaction, as that) I, desiring to raise a sum of money, drew a bill of exchange {h) for pounds, at months' date, and gave it to the plaintiff (c) for the express purpose of his getting it discounted for me. 2. He fixed a day {d) to bring back the said bill or the money, but has never yet brouglit either back to me. Sworn, &c. {as in Fart II., Form Ko. 1.) Eiled on behalf of {The deponent.) No. 2. Another Form. 18—, — No. In the High Court of Justice. Queen's Bench Division. Between, &c. I, {the deponent), of, &e., Grocer, the above-named defendant, make oath and say as follows : — 1. I am advised and believe that I have a good defence to this action on the following grounds : — 2. On the • day of , 18 — , I paid A. B., as the agent of the above-named plaintiff, the sum of £ on account of the sum mentioned in the indorsement on the writ of summons, and for the recovery of which this action is brought. (a) This is an extensiou of the summary procedure under the Bills of Exchange Act, 1855, and is available whenever a specially indorsed writ can be issued under llules ot Supreme Court, 1883, Ord. 3, r. G. For a form of plaintifi's afBdavit in support of application for judgment, see Runnades v. Mesquita, 1 Q. B. 1). 410. And for the form of an affidavit by plaintiff in reply, see Davis v. Spence, 1 C. P. D. 219. (6) Or, — promissory note. (c) Or, — to A, B., as the clerk — or, agent of the plaintiffs. ((/) Or, — time. PRACTICAL FORMS. 305 3. At the same time, I also gave the said A. B., as such agent, another bill of exchange (e) for the sum of £ , out of the proceeds of which he then promised to pay the sum of £ , being the residue of the amount of the said bill of exchange (e) upon which this action is brought ; and thereupon [the said A. B.] as sucli agent as aforesaid, wrote and delivered to me a memorandum, of which the following is a true copy : — \liere copj it verhatim]. 4. Since this action was brought, I have been informed and verily believe that the said A. B. has never paid the said plaintiff either the said sum of £ , or any part thereof, or the proceeds of the said bill of exchange (e) so delivered to him on the day of , as aforesaid ; nor has lie returned the said original bill of exchange (e) to me, or to any persons or persons on my behalf, according to his said promise (/). 5. I verily believe the said A. B. was acting for and on behalf of the plaintiff'; and, as such agent, had his full authority for what he so did as aforesaid ; A7id 1 also verily believe the said plaintiff was perfectly aware of the circumstances aforesaid before he commenced this action ; And, if I am allowed to defend the same, I shall be able to prove that, in law, the payment on account as before stated as well as the delivering of the said further acceptance was a payment made by me to the plaintiff himself. Sworn, &c. (as in Part II., Form No. 1.) PAET XXXIIL — LEGACY AND SUCCESSION DUTY, ESTATE DUTY, AND SETTLEMENT ESTATE DUTY. No. 1. Receipt for Legacy, &c. Form No. 1. Inland Eevenue. Here state the name andj address of the person whoj forwards this account. This form is to be used for specific legacies, and for pecuniary legacies payable out of Keal and Personal Estate where the testator died prior to 1st July, 1888, or where the testator died on or after that date, wholly out of Real Estate or the proceeds of sale thereof, or wholly out of Personal Estate. Form No. 11 should be used where, under the will of a testator dying on or after 1st July, 1888, legacies are payable out of a (e) Or, — promissory note. (./) Or, — the said arrangement. 306 PRACTICAL FORMS. blended fund of Personal Estate and Keal Estate directed to be sold, or are charged on Real Estate in aid of Personal Estate. Where Estate Duty under 52 Vict., cap. 7, sec. 6, is payable on any property included in this account, a separate statement of the value of such property on Form No. 13 must be delivered. The form, when filled up, should be presented personally, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, or it may be sent there through the post, Irom an address outside the Metropolitan Postal District. OBSERVE.— Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. REGISTER of the Year 18 Folio forwards this account. ) The form when filled up should be presented tersonally, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, or it may be sent through the post from an address outside the Metropolitan Postal District. OBSERVE.— Where the deceased died on or after Ist July, 18SS, annuities charged wholly ui)on Real Property or the proceeds of sale thereof are chargeable with the higher rates of duty imposed by 51 Vict. cap. 8, s. 21 (see back of form). Where annuities are payable out of a blended fund of Personal Estate and Real Estate directed to be sold, or are charged on Real Estate in aid of Personal Estate, by a person dying on or after 1st July, 1888, Form No. 12 should be used. Money should not be remitted until the amount payable and tlie mode of payment have been notified to the parties. EEGISTER of the year 18 Folio ^'krsonaT ^^ ACCOUNT of the {}) Estate of late of who died on the day of One Thousand Eight Hundred and Names and addresses of the accounting parties, and in what capacity they act Acting under probate of will, or administration with will annexed, issued by the f) Registry of the Probate Division of the High Court of Justice on the day of , 18—. Name and date of birth of the annuitant, \vitb the name and age of the life or lives, or the number of years for which the annuity is to endure. Degree of rela- tionship must be stated in the words of the Act, as on the other Bide. Amount of the annuity. Age or ages, or No. of yi'S. when annuity com- menced. Value of the annuity. Rate of duty per cent. Amount of duty. Is it intended to pay the whole duty in advance, imder discount ? Reply : 310 PRACTICAL FORMS. ^^^ Is^ccessTonl ^"'^^ ^'^^ ^^°^^) ^^ assessed. The Instalment of this duty (chargeable upon a capital of £ „ „ ) amount to £ „ „ By the Commissioners, Discount or interest thereon £ „ „ £ „ „ , Registrar. Note.— Insert ia the space, &c., as in last form, Receipt for duty, Rate of duties,. Penalties, &c. No. 3. Form of Residuary Account. Form No. 3. Inland Ee venue. Here state the name and Address of the person who forwards this account. All Personal Estate, and also, where mixed up with the Personal Estate, all moneys arising from the sale, mortgage, or other dis- position of all Eeal Estate directed by will to be sold, &c., are to be accounted for upon this form, for the purpose of having the Legacy Duty assessed pursuant to 36 G-eo. III. c. 52, and 45 Geo. III. c. 28, and 55 Geo. III. c. 184, and the Succession Duty under 51 Vict, cap. 8, and 57 & 58 Vict. cap. 30. Where the Personal Estate is not chargeable with Legacy Duty, the proceeds of sale of Keal Estate directed to be sold should be accounted for upon the Form No. 8 ; as also where moneys arising from the sale of Keal Estate do not form part of the General Estate,^ but are separately given. Where Estate Duty under 52 Vict. cap. 7, sect. 6, is payable on any property included in this account a separate statement of the value of such property on Form No. 13 must be delivered. The account when filled up in duplicate should be presented PERSONALLY, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, W.C., or it may be sent there through the post from an address outside the Metropolitan Postal District. OBSERVE.— Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. DIRECTIONS. Executors and administrators, before the retainer of any part of the property to their own use, are to deliver the particulars thereof, and pay the duty thereon within 14 days after, under the penalty of treble the value of the duty. All rents, dividends, interest, and profits arising from the Personal Estate of the deceased, or from the Real Estate directed by will to be sold, &c., subsequently to the time of the death, and all accretions thereon down to the time of computing the Duty,, inuet be considered as part of the estate, and be accounted for accordingly. PRACTICAL FORMS. 311 REGISTER of the Year 18 , Folio An Account (}) of the Personal Estate and of moneys (.d I'lease read '■•'"'^^" .-.- - jijg instructions printed above. arising out of the Real Estate of who died on the day of , One Thousand Eight Hundred and — exhibited by (^) the executor or administrator of (2) Here state the deceased, or trustee of the Real Estate directed by addrwronht the will to be sold, &c., acting under the will or letters admi"Di°strator of administration of the effects of the deceased, proved in, or granted by, the Registry of the Probate Divi- sion of the High Court of Justice, on the day of , 18—. Money and Property converted into Money are to be inserted in Column No. 1, and the date when converted affixed. No. 1. No. 2. Description of property. Cash in the House Cash at the Bankers (3) Furniture, Plate, Linen, China, Books, Pictures, Wear- ing Apparel, Jewels, and Orna- ments Q) Wine and other Liquors (^) Horses and Carriages, Farm-i ing Stock, and Implements of/ Husbandry ) (^) Stock in Trade (') Goodwill, &c., of Trade or) Business... ... ... .../ Life Assurance Policies ... Keuts due at the death of the) deceased ... ... .../ Mortgages and Interest due at^ the death / Bonds, Bills, Notes, and Interest 1 due at the death j Book and other Debts Canal Shares, viz. Kailway Shares, viz Other Shares, viz. The Stocks or other Securities of 1 British Colonies, viz / Ships, or Shares of Ships Price of Stocks. Exchange Bills ... £ Bank Stock £ East India Stock ... £ East ludia Bonds ... £ per Cent. Consols £ Date of sale, if sold. Money received and property converted into money. Value of property not converted into money. (3) Property not converted into money is to be valued at the time the account is rendered, and its value so ascer- tained inserted in column No. 2, and inventories and proper valuations must be produced. As to apportion- ment of rents and other income see 33 and 34 Vict. cap. 35. The shares not converted into money are to be valued at the medium price of the day on which the account is dated. If there be shares in many companies it may be con- venient to insert the total amount or value in this account, and annex a schedule of the particular shares. Note. — If there should not be room in this form for the particulars of any description of property, the 312 PRACTICAL FORMS. total only of the ' amount or value of such property is to be Inserted here, and the particulars are to be stated on a separate paper. The stocks un- converted are to be valued at the medium price of the day on which the account is dated. Description of property. £ £ £ £ £ Price of Slocks. (4)When directed by the will to be sold or mort- gaged. Real and Lease- hold Estates, if not directed to be sold, are charge- able with Succes- sion Duty. Observe. — Was the deceased pos- sessed for life or otherwise of any Heal or Leasehold Kstates other than those brought into this account ? Reply: (Say " Yes " or " No.") (5) A schedule of these deduc- tions, signed by tlie executor or administrator, is to be aimexed. (6) Here state the particulars of any other lawful payments and of the funds or other securities purchased, and when. 3 per Cent, reduced . New 3 per Cents. 2f per Cent. Consols 2f per Cent, reduced 2^ per Cent, reduced Dividends on the above Stocks! due at the death ... .../ The Stocks or Public Securities j of Foreign States, viz j Property which the testator had power to appoint as he thoixght fit, viz Property not comprised within the' above description, viz. (*) Eeal Estate and Leasehold Estates directed to be sold as l^er statement of particulars annexed... Date uf s.ile, if sold. „ 1 Money received and property converted into money. V.alue of property not converted into money. (Insert the total of column No. 1 in column No. 2) ... £ Total of Property £ PAYMENTS. Probate or Administration Funeral Expenses Expenses attending Executorship or Administration (=) Debts on Simple Contract, Rent and Taxes, Wages, &c., due at the death of the deceased, per schedule annexed (^) Debts on Mortgage, with interest (if any) due at tlie death ... (') Debts on Bonds and other Securities with ditto Pecuniary Legacies per Account annexed (") purchased on the of at d. {Deduct the total of the payments from the total of the property) ... ... • ■ ■ • • • • • ■ £ Net amount of projierty carried forward ... £ To shoio BALANCE of CASH, if any. Total of column No. 1 £ » ,: Total of payments £ ,, ,• Cash account ... £ „ „ PRACTICAL FORMS. 313 No. Note. — Upon reversions falling in, state the date of the death ot the tenant for life. Separate papers are to be annexed to the account to show how these totals are made up. Net amount of property brought forward £ INTEREST, DIVIDENDS, RENTS, &c., SINCE THE DEATH. Rents of Real and Leasehold Estates directed to be sold to the time of sale, if sold ; if not, to the date of this account ... ... _ Dividend on the Stocks and Funds sold to the time of sale and of those remaining unsold, including the last dividends Interest on Exchequer Bills sold or paid off to the time of sale or payment, and of those remaining unsold, to the date of this account Interest on Bonds, Mortgages, and other Securities paid off, to the day of payment and of those outstanding, to the date of this account Interest at 4 per cent, on £ being the balance' of cash in hand as on the other side, to the date of this account , Income of Canal, Railway, and other Shares, to the time of sale, and of those remaining unsold, and on other property, yielding an income not included in any of the above items, to the date of this account The value of the benefits accruing to the executor or other person entitled to the residue from the interest of money or dividends of stock retained to answer vested or contingent legacies, payable at a future day without the intermediate interest or dividends. Total i PAYMENTS OUT OF INTEREST, &c. Interest on Mortgages, Bonds, and otherj Securities, due from the estate .../ Interest on pecuniary legacies Payments on account of annuities Other paj'ments, if any, viz {Deduct the total amount of these payments from the foregoing total) ... ... ... ... ... £ Balance £ A Schedule of DEDUCTIONS FROM RESIDUE. these Deductions Debts still due from the estate ... to be annexed. Retained to pay outstanding legacies Total deductions ... £ Net residue ... £ Deduct any portion of the residue not liable to duty, ov\ for which duty is paid on separate receipts, viz. .../ Residue on which duty is chargeable 314 PRACTICAL FORMS. DECLARATION. (1) State whether this sum is the whole or what part of the resid\ie. (2) Insert the christian and Burnames of the residuary lega- tees or next-of- kin, and (3) their relationship or consanguinity, in the words of the Act, as set forth on the other side. This portion to be used with either form of declaration. No. 1. No. 2. For use in all cases except as in No. 2. I, or we, do declare that the foregoing is a just and true ac- count, and I, or we, offer to pay the sum of £ for tlie duty, at the rate of £ per cent, upon the sum of £ being (•) of the said residue and moneys to which For use only where the testator died on or after 1st July, 1888, and then only where the resi- due comprises Real Estate direc- ted to be sold as well as Per- sonal Estate. I, or we, do declare that the foregoing is a just and true ac- count, and I, or we, offer to pay the sum of £ , of which £ is the Legacy Duty at £ per cent, on £ the propor- tion representing Personal Estate, and £ is the Succession Duty at £ per cent, on £ the proportion representing Real Estate, to which I am, or we are, entitled, and which I, or we, intend to retain to my, or our, own use, and for the use of (-) being (') of the deceased. Dated this day of 189—. (Here sign the account) Forms for assessment and receipt of duty for official use only, and statement of rates of duty as at p. 308 are appended. No. 4. Accou7it for Successions to Personal Propertij ivhere the Succession Duty is Payable on Capital. Form No. 4. Inland Kevenue. Here state the name and ^ address of the person who >- forwards this account. ) This form of account is for successions to Personal Property ; including settled funds, money charged by deed on Keal Property, and the proceeds of sale of Church Patronage, whether derived under will or deed. This form should only be used where the duty is chargeable upon the CAPITAL of the property, namely — 1. Where the property passes absolutely to the person or persons entitled, or 2. Where the property passes to one or more persons for a life or lives, and afterwards to others, all the persons liable to duty at the same rate (16 & 17 Vict. cap. 51, s. 32 ; 36 Geo. III. cap. 52, 8. 12). PRACTICAL FORMS. 315 Where the duty is chargeable upon a life interest only, Form Iso. 5 should be used. {See next form.) Where Estate Duty under 52 Vict. cap. 7, s. 6, is payable on any property included in this account, a separate statement of the value of such property on Form No. 13 must be delivered. The account, when filled up in duplicate, should be presented PERSONALLY, or by an agent, at the Legacy and Succession Duty OiBce, Somerset House, London, W.C, or it may be sent there through the post, from an address outside the Metropolitan Postal District. OBSERVE.— Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. KEGISTER of the Year 18 , Folio Q) An account of the succession to Personal Property of (2) of (^) TITLE. (1) Please read the instructions printed above. (2) Here state the names of the persons who suc- ceed to the pro- perty. " "^ (3) Insert full postal address. upon the death of who died on the day of 18 — , derived from the predecessor, under f *) (*) Here state ^ ' the title, whether under settlement, by survivorship, or in any otber manner, and if under a deed or other document the date thereof, and the names of the parties thereto. delivered bv (^) (s) The account J \ ■' should be de- livered and signed by the trustees, and where there are no trustees by the successor or other person made accountable by sec. 44 of the 16 & 17 Vict. c. 51. 316 PRACTICAL FORMS. DESCRIPTION OF PROPERTY. Price of stocks, &c., aud date of sale. Value. Stocks and Shares of any description, namely : — Dividends or Interest thereon since the death : — Mortgages : — Interest thereon since the deatli : — Other Property, including proceeds of sale of Church Patronage (give full particulars), namely : — Interest, Dividends or other profits since the death, or in the case of Church Patronage since the sale: — Total £ £ s. d. (6) Insert or " part of" as Declakation. I, or we, declare that this is a just and true account all" of (^) the Personal Property to which was the case may be. entitled to succecd beneficially upon the death of the (7) state con- before-namcd , and that the said is a C^) — the predecessor, from whom the said property is derived. Dated this — sangulnity in the r. words of the Act. 01 (See back of form.) day of 189—. (Here sign the account) Forms for assessment and receipt of duty for official use only, and statement of rates of duty as at p. 308 are appended. No. 5. Account for Successions to Personal Property luhere Duty is Pciyahle on a Life Interest only. Form No. 5. Inland Revenue. Here state the name and address of the person who forwards this account. j ) PRACTICAL FOB MS. ^ 317 This form of account is for successions for life to Personal Property ; including settled funds, money charged by deed on Eeal Property, and money to arise from the sale of Pteal Property directed by deed to be sold, also the proceeds of sale of Church Patronage whether derived under deed or will, and annuities charged on Keal Property by deed. This form should only be used where the duty is chargeable upon the LIFE INTEREST in the property. Where the duty is chargeable upon the capital, that is, (1) where the property is at once taken absolutely, or (2) where the property is taken by different persons in succession, all liable to duty at the same rate (16 & 17 Vict. cap. 51, s. 32 ; 36 George III. cap. 52, s. 12), the Form No. 4 should be used. {See ineceding form.) Where Estate Duty, under 52 Vict. cap. 7, sec. 6, is payable on any property included in this account, a separate statement of the value of such property on Form No. 13 must be delivered. The account when filled up in duplicate, should be presented personally, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, or it may be sent through the post from an address outside the Metropolitan Postal District. XoTE. — If the duty is to be paid in the usual course by instalments, the second and subsequent instalments should be accounted for as they fall due upon the Form No. 7. OBSERVE. — Money should not bo remitted until the amount payable and the mode of payment have been notified to the parties. REGISTER of the Year 18 , Folio TITLE. /i\ ^jj ACCOUNT of the succession to Personal Property (1) Please read n ^2\ nf (^\ the instructions tJl \_ ^ '-'^ V / printed above. (2) Here state __^ the name of the person who suc- ceeds to the pro- perty. (3") Insert the full pottal ad- dress. (4) Here state ypon tho death of who died the title, whether r -i o -i o J • ,1 under settlement, ou the day 01 io — , aerivecl oYinTnroth'ef ^om the predcccssor manner, and if n-nrlpv (^\ under a deed or Li^^e^ V. ) other document, the date thereof, ^ — and the names of the parties there- _^___ to. (5) The ac- count should be , — — ' delivered and signed by the trustees, and cleiivered by (°) where there are no trustees by the successor or —. ■ ' other person made accountable by sec. 44 of the ^ ' ' 16 & 17 Vict. c. 51. . 318 PRACTICAL FOIiMS. DESCRIPTION OF PROPERTY. Annual Value. If this space be not sufBcient for all the property comprised in the succession, a schedule should be annexed and the totals inserted in this account. Total ... £ £ s. d. Declaration. I, or we, declare that tbis is a just and true account of (6)insert"au" ^5^ i}^q property, not being real estate or leasehold, the case may be. to which was entitled to succccd beneficially for life and that the and upon the death of the before-named said was born on the day of 18- sanglinTty in°"the is a C^) of the prodecossor, from whom the said rse;fL°ckof ^^*- property is derived lorm) Dated this day of 18—. (Here sign the account)- Is it intended to pay the whole duty in advance, under discount ? Reply : . OBSERVE. — 1. The duty is payable by four equal yearly instalments; the first to be paid twelve months after the successor shall have been entitled in possession, and the three following instalments at intervals of one year each ; and, if there be any delay in payment, interest at the rate of 4 per cent, per annum will be charged. 2. Discount at a like rate will be allowed for duty paid in advance. 3. The liability to account for and pay the instalments as they fall due in no way depends upon any application being made by the Commissioners. The accounting parties should then themselves fill up the Form No. 7, and forward it to the Legacy Duty OfiSce, Somerset House, where, or at any money order post oflice outside the Metropolitan Postal District, the forms can be obtained. No. 6. Account of Successions to Real or Leasehold Property. Form No. 6. Inland Eevenue. {Separate Forms are suiopUedfor Personal Property other than Leaseholds.) Here state the name and' address of the person who forwards this account. This form of Account is for successions to Real Property, which includes all Freehold, Copyhold, Customary, Leasehold, and other Hereditamenis, whether corporeal or incorporeal. Where the deceased died after the 1st August, 1894, and the successor is competent to dispose of the property within the mean- ing of 57 & 58 Vict. c. 30, Form No. 6—1 should be used. The account when filled up in duplicate should be presented PRACTIQAL FORMS. 319 PERSONALLY, or by an agent, at the Legacy and Succession Duty Office, Somerset House, Loudon, or it may be sent there through the post from an address outside the Metropolitan Postal District. Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. OBSERVE.— If the deceased died on or after the 1st July, 1888, and the title is under a will or by descent, and the property lias not paid Estate Duty under the 57 & 58 Vict. c. 30, a separate account should be delivered in respect of leaseholds for years. See \tlt page as to exemptions. List of Forms which may be required in connection with this Account. Form No. To be used in accounting for Form No. To be used in accounting for 4 Proceeds of Sale of Church 10 Proceeds of sale of timber. Patronage 13 Estate Duty under 52 Vict. 7 Second and subsequent In- cap. 7, sec. 6. stalments of Succession 14 Second and subsequent In- Duty (see pai^e 4) stalments of such Estate 9 Cesser of terminable charges on Real Estate Duty. Applications to commute Succession Duty presumptively payable upon future events in respect of Eeal Estate must be made in writing to the Controller of Legacy and Succession Duties, Somerset House, London. In general an application to commute can only be agreed to when the property is being sold or mortgaged. The reason for the application should be stated, together with the gross amount of the sale money or loan, the full particulars of the property and of the title, and the names and dates of birth of the tenants for life and in remainder. EEGISTER of the Year 18 , Folio oH') day of 18 — , derived the predecessor An account O of the succession in Keal Property , ™^^' ^ ^ ■' ■*■ ,. .i^ (1) Please read 01 (^ } the instructions printed above. (2) Insert name - — . of successor. (3) lusert full • postal address. (4) Here state the title, whether under will, settle- ment, intestacy, who died or by descent. and if under any deed or other document, the date thereof, and the names of the parties thereto. If under a Will, state date and place of probate, or if under an intestacy state date of grant of administration and where issued. If no probate or administration tiiken out, ex- plain why. (5) Here state names and ad- dresses of ac- counting parties, and in what ca- pacity they act. upon the death of on the from under (^) delivered by (^) 320 PRACTICAL FOB MS. FULL DESCRIPTION OF PKOPERTY. Here describe the property, giving particulars as to tenure (whether freehold, copyhold, or leasehold), stating names of tenants, and rental paid by each, or if the pro- perty is in hand, the property tax assessment (state whether oross assessment, or reduced assessment for col- lection. See Finance Act, 1S94, s. 35) or, if no such assess- ment, the gross (not rateable) value for the poor rate, and if let on lease, whether at rack rent or at a ground rent, or in consideration of a premium (in which last two cases further duty will be payable on the surrender or falling in of the lease), and the unexpired term. In the case of leaseholds, the date of the lease, the duration of the term, and the rent should also be stated. Saleable value. This column is not material when the rack rental or full annual value is the basis for the assess- ment. It is material In the case of small property, and also in the case of Lease- holds having a short term. Gross rack-rental or annual value. ^ „• ' There is (') timber on Items Nos. § '-' I of the property. Sales yielding [g ^o £ net have been eifected since '^ { the death. (1) If none, insert " no." g _H There is {") Churcli Patronage o d ' comprised in the succession which has f=* !z; ( (^) been sold for £ . (2) If none, insert "no." (3) If not sold, insert " not." £ s. d. £ s. d. Total ... £ Note. — Fishing and sporting rights, whether let or reserved, sliould be accounted for. If the space he not sufficient for all the property comprised in the succession, a schedule should he annexed, and the totals inserted in this account. Nature of deductions. Capital. Annual paj-ments. Necessary outgoings (in case the same are payable by the owner, and not hy the tenant), namely : — £ 8. d. £ s. d. Chief or Ground-rent Land Tax Unredeemed Fire Insurance Kepairs Annuities (if any) to wliich the property is subject ... [State names and addresses of the annuitants, and the particulars of their title.] PRACTICAL FORMS. 321 Nature of deductions. Interest of Incumbrances [Give particulars of the incumbrances, including their dates, and state by whom created. If any are terminable, state when or upon what event they will terminate.] Fine and Fees actually paid upon admittance to copy- holds [The annual deduction is such an annuity as for the life of the successor, or for such shorter period as the successor's interest may continue, is by the tables annexed to the Succession Duty Act equal in value to the capital of the fines and fees paid. Where trustees are admitted, state circumstances.] Note.— No deduction can be made for contingent incumbrances, or for any incumbrance created by the successor, or for the expense of collecting rents, or for loss of rent, or for Income or Property Tax, or for any costs incurred in litigating the title to the property. If the space be not sufficient for all the deductions claimed, a schedule should be annexed and the totals inserted in this account. Total £ Is it Intended to pay the whole duty in advance, under discount ? Reply : (Say " Yes " or "No.") Will the duty be paid by yearly or half-yearly instilments (see back) ? Reply : Capital. 8. d. \nnual payments. 8. d. Total gross annual value.. Total annual value of deductions £ £ Net annual value (1) Insert "all" or " part of," as the ca.se may be. (2) Insert name of successor. (3) State relation- ship in the words of the Act (see back of this account). Declaeation. I, or we, declare that this is a just and true account of (^) the succession in real and leasehold property of (^) upon the death of the before-named , and that the said (^) was born on the day of , 18 — , and is a (^) of , the predecessor from whom the said property is derived. Dated this day of , 189 — . (Here sign the account) . ' [For ofScial use only.] Assessment. ; The value of an annuity of £ : : for a life aged is £ ! And the Succession Duty on this sum at the rate of '. per cent, is assessed at ... ... ... ... £ \ Discount or interest thereon ... ... ... ... £ 322 PRACTICAL FORMS. The first instalment of this duty (chargeable upon a capital of . . . £ Amount to ... Discount or interest thereon £ £ By the Commissioners, Somerset House, London, W.C. day of , 189- Registrar. Receipt for Duty. Received the day of , 189 — , the sum of £ , being the amount mentioned in the above assessment. Registered, ^ro Accountant.) pro Cashier. j For Acct. and Compt.-Genl. of Inland Revenue. Kates of Duty by Stat. 16 & 17 Vict., cap. 51, and 51 Vict. cap. 8, and 57 & 58 Vict, cap. 30. (") Lineal Issue or Lineal Ancestor of the pre- decessor Brothers and Sisters of the predecessor and their descendants Brothers and Sisters of the Father or Mother of the predecessor and their descendants Brothers and Sisters of a Grandfather or Grand- mother of the predecessor and their de- scendants Persons of more remote consanguinity, or strangers in blood Wlicre the deceased died before the Ist July, 188t, or where Estate Duty under 57 & 58Vict. c. 33, has been paid upon the property. £1 per cent. £3 do. £5 do. £6 do. £10 do. Where the deceased died on or after the 1st July, 1888, & Estate Duty under 57 & .OS Vict. c. 30, has not been paid upon the property ('). £1 lOs. per cent. £4 10s. do. j £6 10«. do. I £7 10s. do. i £11 10s. do. I (1) Note. — The higher rates are not payable upon tlie interest of a successor in lease- holds passing to him by will or devolution by law, or in property included in an account according to the value whereof duty is payable under the Customs and Inland Uevenue Act, 1881. (2) NoTK. — Successors in leaseholds for years who would otherwise be chargeable with duty at the rate of £1 per cent, are exempt wlien the value of such leaseholds has been included in the affidavit or inventory, and duty has been paid thereon in conformity with the Act 44 Vict. cap. 12. Persons otherwise chaigcable with duty at tiie rate of £1 per cent, are exempt in respect of any property which passes under the deceased's will or intestacy or under his disposition or any devolution from him, or \ PRACTICAL FORMS. 323 under any other disposition under which respectively Estate Duty under 57 & 58 Vict, c. 30, has been paid. The husband or wife of the predecessor is not chargeable with duty ; and a successor, whose husband or wife is of nearer relationship to the predecessor, is chargeable with duty at the rate at which such husband or wife would be chargeable. The relations of the husband or wife of the predecessor are chargeable with duty at £10 per cent, or £11 10s. per cent., as the case may be, unless themselves related in blood to the predecessor. OBSERVE. — 1. AVhere the successor became entitled in possession at a death before 1st July, 1888, the duty is payable by eight equal half-yearly Instalments, the first to be paid twelve months after the successor shall have become entitled in possession, and the seven following instalments at half-yearly intervals of six months each. Interest at the rate of £4 per cent, per annum is payable upon the amount of all instalments in arrear. 2. Where the successor became entitled in possession at a death on or after the 1st July, 1888, except where the deceased died after the 1st August, 1894, and the suc- cessor is COMPETENT TO DISPOSE of the property within the meaning of 57 & 58 Vict, c. 30, the duty is payable : — (a) By eight equal half-yearly instalments as above ; or, j (6) At the option of the successor, by two equal moieties, whereof the first moiety shall be paid by four equal yearly instalments, the first to be paid at the t expiration of twelve months next after the successor shall have become entitled to the beneficial enjoyment of the property, and the three following instalments at yearly intervals thereafter ; and the second moiety shall be paid on the day for payment of the last instalment of the first moiety, or, if not so paid, shall be payable by four equal yearly instalments, with interest at the rate of £4 per cent, per annum from such last-mentioned day on so much of the second moiety as shall for the time being remain unpaid, the first of such instalments, with the interest, to be paid at the I expiration of twelve months irom that day. 3. A successor entitled to his succession upon the death of a person dying before the 1st July, 1888, has the above option (at 2 (h)), if no instalment of duty has become due from him at that date, or if only one such instalment has become due from him, and has been paid before that date. 4. Discount at the rate of £4 per cent, per annum is allowed upon the amount of all instalments paid in advance. 5. The liability to account for and pay the instalments as they fall due in no way depends upon application being made by the Commissioners ; but the accounting parties should then, themselves, fill up and forward a Form No. 7 to the Legacy Duty Office, Somerset House, London, where, or at any money order post office outside the Metro- politan Postal District, forms can be obtained. No. 7. For Payment of Second and Subsequent Instalments of Succession Duty on Real and Personal Property. Form No. 7. Inland Kevenue. [Separate forms are issued from the Legacy and Succession Duty Ofidce, Somerset House, London, for payment of second and subse- quent instalments of Estate Duty (52 Vict. cap. 7, sec. 6).] Here state the name and^ address of the person who |- forwards this account. J The form when filled up should be presented personally or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, or it may be sent through the post, from an address outside the Metropolitan Postal District. 324 PRACTICAL FOBMS. OBSERVE. — Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. Instalments of Legacy Duty should be accounted for upon the Form No. 2. REGISTER of the Year 18 , Folio of O TITLE. (1) The succession of f ) (1 ) Please read the instructions printed above. (2) Here insert the name of the successor. — — — • (3) Insert the full postal ad- "w" Here state upoii tlic death of who dlcd the title, whether on the davof 18 — .derived under settlement, p '' j.i i by survivorship, irom the preaeccssor or in any other „v.f1p,, (i\ manner, and if uuuei ^ ) under a deed or other document, the date thereof and the names of the parties there- : , to. wheihw^trustee, ^r which dutj was assessed on the day of 18 — , fndin.o'tThr"'^'' ^^ ^"^ annual value of £ „ „ as shown by an successor give account delivered by (^) name and ad- / m ± • ' i ± r \ dress. {_lhe rest zs as m last form.) No. 8. Form of Account for Payment of Estate Dutij. [See No. 8, Form C — 1, opposite.] No. 9. Form of Account for Payment of Settlement Estate Duty on Settled Proj)erty, under 57 il; 58 Vict. caj). 30, s. 5. [For use where the deceased died after the 1st August, 1894.] Settlement Estate Duty. — Finance Act, 1894. (57 & 58 Vict. cap. 30, s. 5.) Form C — 2. Inland Revenue, OBSERVE.—By f)? & 58 Vict. cap. :J0 :— S. 5. — (1) Wliere property, in respect of whicli Estate Duty is leviable, is settled by the will of the deceased, or havintj been settled by some other disposition, passes under that disposition on th(! dcatli of the deceased, to some person not comijetent to dispose of the property — (a) A further Estate Duty (called Settlement Estate Duty) on the principal value of the .settled propeity, shall be levied at tlie rate hereinafter specified, except where the only life interest in the property, after the death of the deceased, is that of a wife or iuisband of the deceased ; but {h) During the continuance of the settlement, the Settlement Estate Duty shall not be payable more than once. (4) Any person paying the Settlement Estate Duty, payable under this section upon Form C— 1. [This form is for property chargeable with Estate Duty on an Account. See 57 Vict. cap. 30, sect. 6 (4). rate form (C — 2) is provided for Settlement Estate Duty on settled property. See sect. 5 (1) (a). ] which is part of an "aggregated estate " (see sect. 4) should not be included in the same Account with : which is an " estate by itself " (see same section), and each " estate by itself " should be separately accouE Full Instructions as to Estate IMty wiU be found in the Form A— 2. \_Supra, p. 11, n. (jf) ]. Here state the name and address 1 - of the person who forwards this account I . An Account of property chargeable with Estate Duty on the deal PERSONAL PEOPERTY. Date and short material particulars of disposition, with date of and names of parties to any deed, and name of any testator, and date of probate of his will, and name and address of benefciary. Description of property. Rates of Estate Duty. 17. The rates of Estate Duty shall be according to the following scale : — The rate of the Settlement Estate Duty where the pro- perty is settled shall be one per cent. Provided that for any fractional part of ten pounds over ten pounds or any multiple thereof the Estate Duty and the Settlement Estate Duty shall be payable at the rate per cent, for the full sum often pounds. Principal value. 8. Where the pr ucinal value of Estate Duty shall the estate — be payable at the rate per cent, of £ £ Exceeds 100 and does not exceed 500 One pound 500 », ,» 1,000 Two pounds 1,000 • < X 10,000 Three pounds „ 10,000 ,, ,, 25,000 Four pounds „ 25,000 „ »» 50,000 Four pounds ten shillings 50,000 ,, »» 75,000 Five pounds 75,000 », ,» 100,000 Five pounds ten shillings „ 100,000 *, 1, 150,000 Si.\ pounds „ 150,000 », ,, 250,000 Six pounds ten shillings 250,000 ,, ,, 500,000 Seven pouuds 500,000 „ »» 1,000,000 Seven puunds ten shillings „ 1,000,000 Eight pounds d. Insert in thi column con secutive num hers opposit each item o property. Real (not Leaseholi OBSERVE is no criterion Generally, Should the Items of pro in the i OBSEE (l)"Make oath" or "do solemnly and sincerely affirm." (2) Insert name of deceased. (3) State in what capacity or capacities. (4) Insert " no " if the fact is so. (5) Insert short particulars of the dispositions and property. Annex a statement if space in- sufficient. (6) Insert "not " if the fact is so. Observe. — Is it intended to now pay Estate Duty on the interests in expectancy, if any such arc included in this affidavit ? Reply: . Is it intended to pay the Estate Duty on the real property in one sum or by yearly or by half- yearly instalments. Reply : . (7) If there is a right to reim- bursement, but it cannot be ob- tained, adapt the paragraph. 1. 2. 3. 4. 5. 6. 7. 8. I, (or C) I, (or (^)- I, (or Thei The ! The I comprised in to or in whoi 9. The ! or were creal take effect oi right of rein 10. The same relate, 11. Save to have pass an/l belief. . 6 (4). A sepa- ) (a). Property nt with property ly accounted for.] Form of Account jor Fayment oj Fstate Duty. INLAND REVENUE. Estate Duty — Finance Act, 1894 (57 & 58 Vict. c. 30).. [This form s Duty ofl Metropc Of le death of who died on the EEAL PROPERTY {includ iert in this lumn con- ative num- rs opposite ch item of )roperty. Date and short material particu- lars of disposition, with date of and names of parties to any deed, and name of any testator and date of probate of his will. Description of property, including situa- tion, tenure, quantity, tenants' names, and nature of tenancy, and distinguishing between arable, meadow, pasture, orchards, gardens, woods, moors, commons, wastes, pleasure grounds, building land, etc. :al {not including leasehold for term)- lASEHOLD (for a term) — SERVE.— As to agricultural property, see ss. 7 (5) and 22 (1) (j)') of Finance Act, 1894. -^^— — =■ If the real property includes unlet fishing or sporting rights, church patronage, timber, unlet building lai criterion of the principal value, full details should be given. 'jenerally, as to all property, all such particulars should be furnished as are requisite to arrive at the principal value. Should the space be insufficient, the account and schedule should be continued upon separate sheets. Rental, if let, or gross (not rateable) value for the poor rate, if imlet, and not as- sessed to property tax. d. Val tax. gros redi for Fin Schedule of Debts and Incumbranci ems of property numbered as in the above account. Nature of debt or incumbrance and by whom created. Short material particulars of security with date any deed, and name of any testator, and dat ' O B SE R VE ■ —Terminable charges should be capitalized. (■) and say died oil the as follows : — day o I, (or we), (2) late of I, (or we), deliver this account as (^) (^) other property chargeable with Estate Duty passed, or is deemed to have passed, i 5. I, (or we), ain, (or) are (") accountable for the Estate Duty on the whole (or) part t 6. The value of the personal property included in this account was, at the date of the deceased 7. The gross value of the real jtroperty included in this account was, at the date of the decease 8. The schedule annexed to this account, contains a true and particular list of the debts and in iprised in this iiccouut, or on some part or parts thereof, with the particulars of the instruments 1 )r in whom the same are now due or vested. 9. The said debts and incumbrances were incurred or created by the deceased or by some onej were created by a disposition made by him they were incurred or" created bona fide for full considj e eflfeet out of his interest. The debts and incumbrances are not, nor are any of them primarily ht of reimbursement from any other estate or person in respect of them ('). 10. The aggregate amount of the debts and incumbrances in the schedule annexed to this accoi ae relate, reduces such value to the sum of £ ■ . 11. Save as appears in and by this affidavit and account, no property chargeable with Estate 1 have passed, witliin the meaning of the Finance Act, 1894, so far as I (or we) know or belie^ I belief. [For use ivhere the deceased died after the 1st August, 1894.] be filled up in duplicate, and he presented personallij or by an agent of tUe Legacy and Succession jmerset House, Loudon, W.C. ; or it may be sent there through tlie post from an address outsidk the Postal District. Only one copy need be sworn.] 1 reference — ^r. 189- day of Fo. - Affidt. 189—. leasehold for a term). property :e whether jsment, or ssessment tion. See \ct, 1894, ;5.) Nature of deductions from gross annual value. Tenants' outgoings should not be deducted unless paid by owner. Amount of annual de- ductions. Net annual value. No. of years' purchase as estimated. Estimated gross principal value. t S, nes, or other property, which has no annual value, or the annual value whereof ' The Real Pkopekty. d names of parties to robate of his will. Names and addresses of persons to or in whom the debt or incumbrance is now due or vested. Amount of the debt or incumbrance. , £ s. d. £ 1 189- e death of the deceased, within the meaning of the Finance Act, 1 S9-i, namely (^) :- jf, namely (^) : — ath, altogether £ . eath, altogether £- )rances, which were subsi.sting charges at the deceased's death, on the real property uich they were secured or created, and tlie names and addresses of the several persons ore of his predecessors in title. In so far as they were incurred by the deceased on in money or money's worth wlioUy for the deceased's own use or beiiefil, and they geable upon any other property passing at the death of tlie deceased. There is no s£ , which being deducted from the value of the real property to wliich tlie for the Estate Duty whereon I (or we) am (or are) accountable, paused or is deemed the death of the deceased. All which is true to the best of my (or our) kuowledo-e Attention is drawn to the folio i 6.— (2.) The executor of the deceased shall pay the Estate Duty in respect of all personal propi ( (wheresoever situate) of which the deceased was competent to dispose at his death, on delivering the Inl ; Revenue affidavit, and may pay in like manner the Estate Duty in respect of any other property passing : such death which by virt.ue of any testamentary disposition of the deceased is under the control of executor, or in the case of property not under his control, if the persons accountable for the duty in res) thereof request him to make such payment. (4.) P:state Duty, so far as not paid by the executor, shall be collected upon an account setting forth particulars of the property, and delivered to tlie commissioners within six months after the death by person accountable for the duty, or within such further time as the commissioners may allow. (5.) Every estate shall include all incume accrued upon the property included therein down to and t standing at the date of the death of the deceased. (6) Interest at the rate of three per cent, per annum on the Estate Duty shall be paid from the dat. the death up to the date of the delivery of the Inland Revenue affidavit or account or the expiration of months after the death whichever first happens and shall form part of the Estate Duty. (7) The duty which is to be collected upon an Inland Revenue affidavit or account shall be due on delivery thereof or on the expiration of six months from the death whichever first happens. (8) Provided that the duty upon an account of Real property may at the option of the person deliver the account be paid by eight equal yearly instalments or sixteen half-yearly instalments with interes the rate of three per cent, per annum from the date at which the first instalment is due, less income t and the first instalment shall be due at the expiration of twelve months from the death, and the interest the unpaid poriion of the duty shall be added to each instalment and paid accordingly, but the duty for time being unpaid, with such interest to the date of iiayment, may be paid at any time, and in case property is sold, shall be paid on completion of the sale, and if not so paid shall be'duty in arrear. Examples of property upon which Estate Duty under 57 & 58 Vict. c. 30 is leviable. The list must not be considered as necessarily exhaustive. Property in the United Kingdom which the deceased disposed of by his will or which passed under his intestacy. Moveable property abroad which the deceased disposed of by his will or which passed under his intestacy. Property which the deceased at the time of his death was competent to dispose of, within the meaning of the Finance Act, 1894 [see sect. -22 (2) («) and (6)], other than that which passed under his intestacy, but which he did not dispose of. Money which the deceased at the time of his death had a general power to charge on real property, whether he exercised the power or not. Property taken as a donatio mortis causa. Property taken under a disposition made by the deceased which purported to operate as an immediate gift, inter vivos, either by way of transfer, delivery, declaration of trust, or otherwise, and which was not bona fide made twelve months before the death of the deceased. Property taken under a disposition made by the deceased at any time where bona fide possession and enjoyment of the property was not assumed "by the donee immediately upon the gift and tlienceforward retained to the entire exclusion of the donor, but a benefit, either charged upon the property or not, was reserved or secured to tlie deceased by contract or otherwise, or a power or authorit}'- was reserved to the deceased to restore to himself or to reclaim the absolute interest in such property or in some part of it. Property which the deceased, having been absolutely entitled thereto, either by himself alone or by arrangement with some other person, caused to be trans- ferred to or vested in himself and some other person jointly, either by disposition or otherwise, so that the beneficial interest therein or in some part thereof passed or accrued by survivorship on his death to such other person. Property which the deceased had an enjoyment of or interest in for life, or for some period determinable by reference to death under an express or an im- plied trust in a settlement made by the deceased by instrument inter vivos, or under an express or implied trust created by the deceased in writing or otherwise. iNIoneys received under policies of assurance effected bv the deceased on his life where the policies were wholly kept up by him for the benefit of donees, whether nominees or assignees, or a part of such moneys in proportion to the premiums pjaid by him where the policies were partially kept up bv him for such benefit. Annuities or other interesis which the deceased, either by himself alone, or in concert or by arrangement with some other person, purchased or provided so that a benefit arose or accrued by survivorship or otherwise on the death of the deceased. The duty is not payable on a single annuity not exceeding £25, or the first granted of two or more such annuities. Property not comprised in any of the foregoing classes, in which the deceased or some other person had an interest, which ceased on the death of the deceased, to the extent to which a benefit accrued or aro.se by the cesser of such interest, but exclusive of property the interest in which of the deceased or other person was only an interest as holder of an office, or recipient of the benefits of a charity, or as a corporation sole. g Provisions of the Finance Act, 1894. ^ 7.— (5) The principal value of anj' property shall be estimated to be the price which, in the opinion of the Commissioners, such property would fetch if sold in the open market at the time of the death of the deceased. Provided that in the case of any agricultural property, where no part of the principal value is due to the expectation of an increased income from such property, the principal value shall not exceed twenty-five times the annual value as assessed under Schedule A of the Income Tax Acts, after making such deductions as have not been allowed in that assessment, and are allowed under the Succession Duty Act, 1853, and making a deduction for expenses of management not exceeding five percent, of the annual value so assessed. 22.— (1) (fir) The expression "agricultural property" means agricultural land, pasture and woodland, and also includes such cottages, farm buildings, farmhouses, and mansion houses (together with the lands occupied therewith) as are of a character appropriate to the property. 8.— (4) Where property passes on the death of the deceased, and his executor is not accountable for the Estate Duty in respect of such property, every person to whom any property so passes for any beneficial interest in possession, and also, to the extent of the property actually received or disposed of by him, every trustee, guardian, committee, or other person in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom the same is vested in possession by alienation or other derivative title shall be accountable for the Estate Duty on the property, and shall, within the time required by this Act or such later time as the Commissioners allow, deliver to the Commissioners and verify an account, to the best of his knowledge and belief, of the property. (6) A person who wilfully fails to comply with any of the foregoing provisions of this section shall be liable to pay one hundred pounds, or a sum equal to double the amount of the Estate Duty, if any, remaining unpaid, for which he is accountable, according as the Commissioners elect. (10) Interest on arrears of Estate Duty shall be paid as if they were arrears of Legacy Duty, [By 31 & 32 Vict. c. 12-1, 8. 9, interest at four per cent, per annum is payable upon arrears of Legacy Duty.] 17. — [For rates of Estate Duty, see other side.] a in tb a ir tl [For Official use onl PERSONAL PROPERTY. (") Oajjital. s. Rate of duty. per cent. St at 3 per cent, per annum from date of death up to date of f the Account, or the expiration of six mouths after the death, first happened, to be deemed part of the duty £ Total duty ... £ St at 4 per cent, per annum on such total duty, from six months eath up to the date of delivery of this Account £ Total dutj' and interest .. £ (c) Amount of duty. REAL PROPERTY. ) («) (/) 1 ipital. Deductions. Net capital. 1 8. d. £ 8. d. £ s. d. Rate of duty. per cent. (/O Amount of duty. 8. d. No. of instal- ment. 3 4 5 6 7 8 9 lU 11 l-J 13 14 15 16 Amount of an instalment (Jth or ,Vth of duty) and capi- tal for the in- stalments paid. Amount of an instalment d. Capital for tlie instalments paid d. 1/ r w in un d iQ the basis of this Account, and subject to rectification, if found necessary, } [the amount of Estate Duty and interest thereon to be now paid is — \ House, London, W.G. dav of 189- By the Commissione: lied, pro A. & C.G. A.G. - pro C. L. D. ComptroUed and Registered for for Accountant-General of Inland Revenue. Received the ^day of Pounds Estate Duty and Interest thereon. »» n This receipt does not imply that tl by the above-named the county of is day of -, 189- Before me, a Commissioner for Oaths. (8) Insert bere ^ " sworn " or " afBrmed " as the case may be, and the name of the deponent. by the above-named s 1 the county of lis day of ., 189- Before me, a Commissioner for Oaths. ' ?.] 'ate hen stal- ent lie. EEAL PROPEKTY. Interest at 3 per cent, per annum less income tax on the whule unpaid duty up to date when instalment due, to be deemed part of instalment. No interest till 12 months alter death. d. Total amount of instalment [sum of (fc) and (?)i)]. ^ (p)a»(i(r). Interek at 4 per cent, per annum on totEai instalment (n) from date when iniftalment due up to date of delivery of account. Period. Years. Amount. Days. d. Total amount of instalment and interest [sum of (n) and Total Duty and Interest fS, > as shown above. i ^Registrar. , i«9_ shillings and_ , the sum of pence, for for Commissioners ct' Inland Revenue. le amount of duty is not subject to rectification. For use at Chief OiBce. This stamp does not imply that the rate of duty is not subject to rectification. PRACTICAL FORMS. 325 property comprised iu a settlemeut, may deduct the amount of the ad valorem stamp duty (if any) charged on the settlement in respect of that property. S. 21 (1) (4) The Settlement Estate Duty of one per cent, shall not be payable in respect of property settled by a disposition which has taken effect before the 2ud August, 1894. S. 22 (2) (a) A person shall be deemed competent to dispose of property if he has such an estate or interest tlierein, or such general power as would, if lie were sui juris, enable him to dispose of the property, including a tenant in tail, whether in posses- sion or not ; and the expression " general power " includes every power or authority, enabling the donee, or other holder thereof, to appoint Or dispose of property as he thinks fit, whether exercisable by instrument inter vicos or by will, or both. . . . (c) Money which a person has a general power to charge on property, shall be deemed to be property of which he has power to dispose. "Where the settled property consists of a residuary estate under a will, or of a share thereof, a full statement showing how the residue is arrived at, should be delivered. The Form No. 3 is applicable. Official relerence : Reg. Here state the name and^j address of the person who !- forwards this account. j -, 189—, Folio Afi'dt. This form should be filled up in duplicate, and be presented PEESONALLY, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, W.C, or it may be sent there through the post, from an address outside the Metropolitan Postal District. One copy only need be sworn. Money should not be remitted until the amount payable and the mode of payment have been notified to the parties. Observe. — Is the duty on the real property to be paid in one sum, or by yearly, or by half-yearly instalments ? Reply: . (1) Insert names and addresses. (2) State in what capacity. An Account of property chargeable with Settlement Estate Duty on the death of , who died on the day of , 18 — , and to whom representation was granted by the Registry of the Probate Division of the High Court of Justice, on the day of , 18— delivered by (^) as (2) . If the space is insufficient a schedule should he annexed. Nature of property. Short particulars of title. Short particulars of property. Whether Estate Duty paid on Inland Revenue affidavit or on an Account, and the date thereof. Principal value of the property chargeable with Settlement Estate Duty (being the principal value upon which Estate Duty is leviable). Personal £ s. d. Real (') Amount of the ad valorem stamp duty (if any)j charged upon the settlement in respect of the above > . . . £ property ... ... ... ... ...) 326 PRACTICAL FORMS. I [or, we] (*) , and say that this is a true account (3) The settle- produced in to the best of my \or, our] knowledge and belief. support of the j l ^ -i ^ statement. e) on the (4) Insert " make oath " or " do solemnly and 'KpforP TTIP sincerely affirm." »Jt;iUlti iuc (.5) Insert here Oaths. -, by the above-named , at a ,at\ day of--^, 18—, ^sig,,ature.) commisssioner tori ■^ affirmed"" as 0)1 the httcJc of the fovm are spaces and directions for fnd the%"re of official USB OnI>J. each deponent. No. 10. For Payment of Instalments of Estate Duty on Real Property. Form C— 3. Inland Eevenue. Estate Duty — Finance Act, 1894. (57 & 58 Vict. cap. 30.) Official Keference : — Reg. 189- Fo. Affidt. A.G. ComptroUed and Kegistered for Keceived the day of , 189 — , the sum of pounds, shillings, and pence, for Estate Duty and In- terest thereon. for Accountant- General of Inland Eevenue. for Commigsioners of Inland Revenue. This receipt does not imply that the amount of duty is not subject to rectification. For use at Chief Office. This stamp does not imply that the rate of duty is not subject to rectification. Here state the name and address of the person who forwards this account. This form should be filled up and be presented personally or by an agent at the Legacy and Succession Duty Office, Somerset House, London, W.C., or it may be sent there through the post from an address outside the Metropolitan Postal District. Money should not be remitted until the amount i)ayable and the mode of payment have been notified to the parties. In the ESTATE passing on the death of , who died on the day of ,189—. PRACTICAL FORMS. 327 Date and short material particulars of disposition. Name of beneficiary. Rate of Estate"! Duty .../ Amount ofl Estate Duty/ +• Date of account. Value of the real property. 8. Amount of Estate)^ Duty still unpaid/*' Amount of the instalment (being an eighth (or) a sixteenth part of the whole duty) which was due on the day of , 189 — ... ... £ Interest at £3 per cent, per annum upon the whole unpaid duty (£ „ „ ) from the day of 189—, to the day of 189 — , which interest is to be deemed part of the instalment ... ... ... ... ... ... £ Amount of the instalment ... ... ... £ Interest at £4 per cent, per annum thereon, the same being: in arrear, from the day of , 189—, to the day of 189— Amount paid hereon d. By 57 k 58 Vict. c. 30, s. 6 (8) :— . . . the [Estate] Duty due upon an account of real property may, at the option of the person delivering the account, be paid by eight equal yearly instalments, or sixteen half-yearly instal- ments, with interest at the rate of three per cent, per annum, from the date at which the first instalment is due, less income tax, and the first instalment shall be due at the expiration of twelve months from the death, and the interest on the unpaid portion of tlie duty shall be added to each instalment and paid accordingly ; but the duty for the time being unpaid, with such interest to the date of payment, may be paid at any time, and in case the property is sold, shall be paid on completion of the sale, and if not so paid shall be duty in arrear. And by s. 8 (10) :— Interest on arrears of Estate Duty shall be paid as if they were arrears of Legacy Duty. By 31 & 32 Vict. c. 124, s. 9 :— Interest at the rate of £4 per cent, per annum is chargeable upon Legacy Duty in arrear. 328 PRACTICAL FORMS. 00 CO CO <» '^ (t: 5/3 •♦o '^ 00 rO ^^ to 5S ?^ c^ ^ ^ S \M o H •n "A M >l 05 P p OO 1—1 ^ ft < ^ ^ <^ »— 1 H ;■ ^ I 5 o (35 OS a> ■-' bo S - p is "^ CO p g « ^ 'T3 0) O) P IB o S 03 P P p 03 o (B P O a a o O p o a OS oi t§ Is -M C3 P •- o to -t^ 11 TJ Jl P R P i-i O ti,j ^ f3 C ( S-- fO S c M a. !^. a •ki O 0) ~ P'C O o 05 -d a » P „, 6 ai t,cc.S S'SJ-d •-= "" O -r ^. •£ 'O to -^ ^ "S s *> _2 -i; 9 p.: g-s °^ 2 I g.Q-p-0 , a> P m 3 cS > 03 C4-( O H ;^ o O C3 <1 O w o H Ph O H P5 Ph O P3 O cc Ph P=q Ph C3 a CO crt -« C+i . 1 w w "^ 03 3 s p i* p -M . 03 ^ Ph fo 5* ^ g •s ». <» ■0 10 •^.^ s s s , e -« •♦^ e iJS S «c i. CD 1 « >» rO 03 Ph •*-> 'S ^e 13 ■« '^ » ts C3 » •^ 00 ^ t^ S <» c+} ■*o e 03 (—1 3o •i -^ I-" S«A -4J s 03 s M S s •40 C3 rfS § H^ e •«« as «> ^ t^ 'e & ■^ i ^ 03 3 > 03 p. a, s a' PRACTICAL FORMS. 329 o 1) d c3 (^ a S o 3 Q a s o 8 a s -2 s a 3 O 2 a a a o « >> d o 05 CO ^' o o 2* ^ O o tq 3 o ^ a o O =<^ 3 30 PR A CTICA L ' FOB MS. PART XXXIV.— LICENCES. No. 1. To Alienate LifeJiolds and Assign Leaseholds (a). Licence is hereby granted to {the assignor), of, &c., Grocer, to sell and convey (h) unto {the imrchaser), of, &c., maltster, his heirs and assigns absolutely (c), all the estate [term] and interest of him the said {assignor) of and in All that dwelling-house, with the out- buildings and garden and appurtenances thereunto adjoining and belonging (cZ), situate at L. aforesaid, which was granted and is now held by him under or by virtue of a [certain indenture of] lease, bearing date, &c., for the (e) lives of \liere state their names'], and the life of the longest liver of them ; Subject, nevertheless, to the payment of the several rents, and to the observance and performance of the several covenants, conditions, and agreements in the said lease reserved and contained, and on the part of the lessee to be paid, observed, and performed ; Phovided always that this licence shall not authorize any future sale or conveyance (/) of the said premises, or any part thereof, without a similar licence, in writing, Irom the said {lessor), his heirs or assigns, or his or their steward for the time being. Dated, &c. . I i No. 2. To use a Patented Invention (g). Whereas Letters Patent for the United Kingdom of Great Britain and Ireland, dated, &c., and numbered , were granted unto {the patentee) {h) for the exclusive privilege of preparing [manu- facturing], using, and vending a certain invention of [here state the (a) The foregoing licence must, when required by the lease, be in writing, iu' order to guard against forfeiture ; as to which see the Law of Property Amendment Act, 1859, ss. 2 and 3, and the Conveyancing and Law of Property Act, 1881, s. 14. Care should be taken to see that by the lease a steward or agent is authorized to grant the licence or it will be ineffectual. In some leases only the lessor's name is inserted for this purpose. No stamp required. (b) Or, if leasehold — to assign and transfer unto (t/ie purchaser), his executors, administrators, and assigns. (c) Or, if so — by way of mortgage. ((/) Or, — All that close of land called " ," &c., with its appurtenances, situate, &c. («) Or, — for the term of years now determinable with the said lives — or, the lives of, &c. (aldtuij llu'.m). (/) '^^'j if leasehold — transfer. (ost, tit. " Restraining OrderJ" (k) Here add name of the company, e.g. — the Governor and Company of the Bank of England. 344 PRACTICAL FORMS. Take notice that the stock comprised in and now subject to the trusts of the (?) referred to in the afiSdavit to which this notice is annexed, consists of the following, that is to say (m). This notice is intended to stop the transfer of the stock only, and not the receipt of dividends {n). {Signature) (o). No. 10. To a Banhfor Savings of a Claim upon a Sum invested, and not to Pay it over until such Claim is satisfied. I, THE undersigned {the claimant), of, &c., Grocer, hereby give you NOTICE not to pay over to the stewards or any other member of " The Tradesmen's Union " {or other society), at \V. aforesaid, all or any of the moneys or funds invested by or on behalf of such society, into, and now held, on its behalf, by the Bank for Savings, until a certain claim, which I the said {claimant) now have thereon, shall have been duly adjusted and satisfied. Dated this day of , 18 — . To the trustees and actuary of the Bank for Savings at H., Kent. {Signature.) No. 11. {Preliminary) To Creditors to furnish Claims against a Deceased Person (p). A. B., deceased. Notice is hereby given, That all persons having claims or DEMANDS against or upon the estate of {the deceased), late of, &c,, widow [who died on the day of , 18 — ], are required to seud to me [the undersigned] at my office, at C. aforesaid, full parti- culars of such claims or demands, on or before the day of (Z) Settlement — or, will, &c. (m) Here specity the stock, e.(/.—the sum of pounds — o/-(if so), being part of the sum of pounds — 3 per cent. Consolidated Bank Annuities now standing in the names of and in your books. («) Or, — the receipt of the dividends on the stock, as well as the transfer of the stock. (o) Name and address of person giving the notice of his solicitor, who must be the deponent to the affidavit to which the notice is annexed. (p) This form may be conveniently used to enable the executor or administrator, before applying for probate or letters of administration, to state the amount required to be furnished with the affidavit for the Inland Hevenue Department. PRACTICAL FORMS. 345 next, in order that the same may be examined by the executor of her will {q), and, if found correct, duly discharged {r). Dated this dav of , 18 — . H. M., Solicitor to the executor. No. 12. By an Executor or Administrator to Creditors heforc Final Distribution of the Assets (s). B , deceased. — Pursuant to the provisions of the Law of Property Amendment Act, 1859, Notice is hereby given that all creditors and persons having any debts, claims, or demands upon or against the estate of J B , formerly of , near , in the county of , but late of , near T W , in the county of , Esq., deceased (who died on or about the day of , 18 — , and whose will, with codicils thereto, was proved in the Principal {t) Eegistry of the Probate Division of the High Court ot Justice, on the day of last, by and , Esqs., two of the executors named in the said will and codicils) (w), are hereby required to send in particulars in writing of their debts, claims or demands to us («), the undersigned, on or before the day of next, and notice is hereby further given that at the expiration of such time the said executors {y) will pro- ceed to administer the estate and distribute the assets of the said deceased amongst the persons entitled thereto, having regard only to the claims and demands of which the said executors shall then have had notice, and that the said executors (?/) will not be liable for the assets of the said deceased, or any part thereof, so distributed, to any person or persons of whose claim or demand they shall then not have had notice. Dated this day of , 18 — . (Name of solicitor and address.) Solicitors for the said executors {y). (?) 0'' — administrator. (r) Here can, aud should be added, when desirable — Akd all persons indebted to the said deceased — or, estate — are requested to pay the amount of their respective debts to the said executor — or, administrator — or, to me (or other person). (s) This is the form usually inserted as an advertisement in the newspapers, and is founded upon s. 29 of the Act. It will not prejudice the right of any creditor or claimant to JoUow the assets, or any part thereof, into the hands of the person or persons who may have received the same respectively. Nor will the section protect an executor when he is the residuary legatee, or when the estate is insolvent. (t) Or, — district. (m) Or, — administration of whose estates and effects was granted to , of , in the county of , on the day of , 18 ~, by the principal— or, district — registry {if district, add at ) of the Probate Division of the High Court of Justice. (^x) Or, — to the said and , or, to one of them — or, to us the undersigned, their solicitors. (y) Or, — administrator. 346 PB ACTIO AL FOBMS. No. 13. To Creditors pending an Administration Action {z). Pursuant to an order {a) of the High Court of Justice, Chancery Division, made in the matter of the estate of , deceased, and in an action, 18 — , — , No. — , A. B. against C. D., widow (b), and another, the creditors of , late of No. — , Street, , in the county of , Grocer (h), who died in or about the mouth of —, — , 18 — , are on or before the day of , 18 — , to send by post prepaid to H , of No. , W , London, E.C., the solicitor of the defendant C. D., widow, the administra- trix (c) of the deceased, their Christian and surname, addresses and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the securities (if any) held by them, or in default thereof they will be peremptorily excluded from the benefit of the said order {d). Every creditor holding any security is to produce the same before Mr. Justice , at his Chambers, at the Royal Courts of Justice, London, on , the day of , 18 — , at o'clock in the noon, being the time ap- pointed for adjudication on the claims. Dated this day of , 18 — . Solicitor, of, &c. No. 14. To Claimants other than Creditors (e). Pursuant to an order (d) of the High Court of Justice made in the matter of the estate of , deceased, and in an action (18 — , — , No. — ) against the persons claiming to be next of kin (/) to , late of , in the county of , who died on or about the month of {g), 18 — , are by their solicitors on or before the day of , 18 — , to come in and prove their claims at the Chambers of Mr. Justice , at the Eoyal Courts of Justice, or in default thereof they will be peremptorily excluded from the beuefit of the said order [d). day, the day of , 18 — , at o'clock in the (z) This is the usual form inserted as an advertisement in the newspapers. R.S.C. App. L. No. 3. (a) Or, — ^judgment. (6) Or, as the case may be. (c) Or, — executrix — or, as the case may be. (d) Or, — ^judgment. (e) R.S.C. App. ].. N... 2. (/) Or, — to be the heir of — or, as the case may he. (17) Insert the correct date, if known. PRACTICAL FORMS. 347 noon at the said chambers, is appointed for hearing and adjudicating upon the said claims. Dated this day of , IS — . Chief Clerk (h). No. 15. To Creditor to Prove his Claim. In the High Court of Justice. 188 — (*'), No. — . Chancery Division. Mr. Justice . In the matter of the estate of , late of , in the county of , deceased. Between (j), plaintiff, and , defendant. You are hereby required to prove the claim sent in by you against the estate of , deceased. You are to file such affidavit as you may be advised in support of your claim, aud give notice thereof to me, on or before the day of next, and to attend in person or by your solicitor at the Chambers of Mr, Justice , at the Royal Courts of Justice, London, E.C., at o'clock in the noon, on the day of , 18 — , being the time appointed for adjudicating on the claim. Dated this day of — ~, 18 — . of Solicitor for the plaintiff (k). No. 16. To Creditor to Produce Documents. In the, &c. {as in the 'preceding form). You are hereby required to produce, in support of the claim sent in by you against the estate of , deceased {I), before Mr. Justice , at his Chambers at the Royal Courts of Justice, (Ji) When this form is inserted as an advertisement in the newspaper, it is well to add the name and address of the solicitor of the party having the conduct of the action. (t) Initial letter of surname of deceased. ( /) Add (if so) — on behalf of himself and all other creditors of , deceased. (^-) Or, — defendant. (/) Here describe the document required. :348 PRACTICAL FORMS. London, E.G., at o'clock in the noon on the day of , 18—. Dated this day of , 18 — . 'of , Solicitor for plaintiff {m). No. 17. Advertisement of Petition to Wind up Company. (Companies (Winding Up) Act, 1890, Bules, 1890, Ajypendix, Form No. 16.) In the High Court of Justice. Companies Winding Up. Chancery Division (n). Mr. Justice Vaughan Williams. In the matter of the Companies Acts, 1862 to 1890, and in the matter of the Company (Limited). Notice is hereby given, that a petition for the winding-up of the above-named company by (o) Her Majesty's High Court of Justice (w) was, on the day of , 18 — , presented to the said Court by , of No. — , Street, , in the county of , Gentle- man, a creditor (jp) of the said company : And that the said petition is directed to be heard before the Court sitting at , on the — — day of , 18 — , and any creditor or contributory of the said company desirous to support or oppose the making of an order for the winding-up of the said company under the above Acts should appear at the time of hearing by himself (q) , or his counsel, for that purpose, and a copy of the petition will be furnished to any creditor or contributory of the said company requiring the same by the undermentioned on payment of the regulated charge for the same. Dated this day of , 18- -. of, &c., Solicitors for the petitioner. Note. — Any person who intends to appear on the hearing of the said petition must serve on or send by post to the above-named notice in writing of his intention to do so. The notice must state the name and address of the person or firm, or his or their solicitor (if any), and must be served, or if posted, must be sent by post in sufficient time to reach the above-named, not later than six o'clock in the afternoon of the day of — — , 18 — . (m) Or, — defendant. («) Or, — in the County Court of , holden at , as the case may be. (o) Or, — subject to the supervision of. (p) Or, — contributory. (7) If in the county court, insert his solicitor. PRACTICAL FORMS. 349 No. 18. Of Assignment to Trustees for Benefit of Creditors. XoTiCE IS HEREBY GIVEN that (the debtor), of, &e., Grocer, has, by an indenture, bearing date, &c., assigned all his [estate and] effects to trustees (r) for securing the payment of his debts, in full, by instalments ; and his creditors are therefore requested, either per- sonally or by agent, to forthwith execute such deed, which will lie at my office, at B., aforesaid, for that purpose until the dav of next ; And that all such creditors as shall not execute it (s) within calendar months {t) from the date thereof will be ex- cluded from the benefit of an early settlement of their claims. W. {Place). {Date). , Solicitor to the trustees. No. 19. Request for Issue of Bankruptcy Notice {ii). In the High Court of Justice. In Bankruptcy. No. — , of 18—. 1. I, , of , hereby request that a bankruptcy notice be issued by this Court against {v). 2. The said has for the greater part of the past six months resided at {x) within the district of this Court {y). 3. I produce an office copy of a final judgment against the said , obtained by {z), in the Court on the day of • 4. Execution on the said judgment has not been stayed. Dated this day of , 18 — . Judgment creditor (a). Note. — Where the debtor resides at a place other than his place of business both addresses should be inserted. (r) This course is sometimes adopted when a tradesman — a draper, for example — is in the hands of his creditors, forming a trade imion, wlio are certain to carry out the arrangement, save expense, and prevent his ruin. This is accompHshed by means of a deed of inspection. (See the author's volume of " Practical Agreements.") It, however, affords no protection against bankruptcy, as it is an act of bankruptcy (Bankruptcy Act, 1883, s. 4 (a)), and it is therefore very important to secure the accession to it of all the creditors. The deed requires to be registered in tiie ■Central OflQce E. C. J., under the Deeds of Arrangement Act, 18H7. (s) Or, — agree, in writing, to execute it — or, signify his or their assent to it. (t) Or, days. (tt) See No. 5 of Bankruptcy Forms, 1886. (v) Here insert name, description, and address of judgment debtor. (aj) Or, — carried on business at. (y) Or, as the case may be, following the terms of s. 95 of the Act. {z) Me, or as the case may be. («) Or, — solicitor for the judgment creditor. , 350 PRACTICAL FORMS. No. 20. In Bankruptcy (b). No. — , of 18—. In the Hifrh Court of Justice (c). In Bankruptcy. Ke (the debtor). Ex parte {the creditor). To A. B. (cZ),of . Take notice, that within [seven] days after service of this notice on you, excluding the day of such service, you must pay to C. D. of , the sum of £ claimed by him as being the amount due on a final judgment obtained by him against you in the Court, dated , whereon execution has not been stayed, or you must secure or compound for the said sum to [his] satisfaction or the satisfaction of the Court : or you must satisfy the Court that you have a counter-claim, set-off, or cross-demand against C. D., which equals or exceeds the sum claimed by him, and which you could not set up in the action in which the judgment was obtained (e). Dated this day of , 18 — . By the Court. , Eegistrar. No. 21. In Gazette of Substituted Service of Banhruptcij Petition {/). In the High Court of Justice (c). In Bankruptcy. In the matter of a bankruptcy petition filed the day of -, 18-. To A. B. of Take notice, that a bankruptcy petition has been presented against you to this Court by C. D. of , and the Court has ordered (i) Stamp 5s. See No. 6 of Bankruptcy Forms, 1886. For the affidavit of service of this notice, see ante, Part II., No. 11. For the mode of procedure, see Bankruptcy Rules, 1886, Nos. 136 to 142. (c) Or, — in the County Court of , holden at . {d) Or,— A. B. & Co. (e) On the notice is endorsed: — You are specially to note, — That the con- sequences of not complying::; with the requisitions of this notice are that you will have committed an act of bankruptcy, on which bankruptcy proceedings may be taken against you. If, however, you have a counter-claim, set-off, or cross-demand, which equals or exceeds the amount claimed by CD. in respect of the judgment, and which you could not set up in the action in which the said judgment was obtained, you must within days apply to the Court to set aside this notice, by filing with the Registrar an affidavit to the above effect. [JVame and ad. 80, 80a, 81. (I) Or,— the County Court of , holden at . (m) Place where meeting will be held. (n) Hour. (o) The followin':; should be indorsed on the notice : — At the first meeting the creditors may (amongst other things) — 1. By ordinary resolution resolve that the debtor be adjudged bankrupt, and in that case they may also, by ordinary resolution appoint a trustee. 2 By ordinary resolution fix the remuneration of the trustee, or resolve that the same be left to the committee of inspection. '•i. By ordinary resolution appoint a committee of inspection from among the credi- tors, or the holders of general proxies or general powers of attorney for the creditors. (p) Bankruptcy RiUes, 1886, No. 85. PRACTICAL FORMS. 353 you are required to attend thereat and submit to such examination and give such information as the meeting may require. And further, take notice that if you fail to comply with the requirements of this notice you will be guilty of a contempt of Court, and may be punished accordingly. Dated the day of , 18 — . Official Receiver. No. 26. Of Meeting of Creditors (q). In the, &c. {as in Form No. 19). Take notice that a meeting of creditors in the above matter will be held on the day of , 18 — , at , at o'clock in the noon. Agenda (r). Dated the day of , 18 — . Trustee (s). KB. — A form of special proxy can be obtained on application to the official receiver at , or "to the trustee. Early application is necessary, as proxies must be lodged with the person summoning the meeting not later than the day before the meeting. No. 27. Convening Second Meeting to Confirm Composition or Scheme (t). In the, &c. {as in Form No. 19). In the matter of a proposed composition (or scheme of arrange- ment). Take notice that a second general meeting of the creditors of the above-named debtor (w) is hereby summoned to be held at , on , the day of instant {x) at o'clock in noon precisely. A majority in number representing three-fourths in value of all the creditors who have proved, may confirm the resolution come to at the first general meeting, to accept the (q) Bankruptcy Forms, No. 101. (r) Insert purpose fur which meeting called. (s) Or, — official receiver, as the case may be. {t) BaQkniptcy Forms, No. 103. (It) Or, — persons. (x) Or,— next — as the case may be. 2 A 354 FBAGTICAL FOBMS. proposed composition, which is fully set forth in my report printed on the next page, and is to the following effect (?/) : — By section 18, sub. sect. 2, it is provided that the composition (or scheme) shall not be binding on the creditors unless it is confirmed by a resolution passed by a majority in number, representing three- fourths in value of all the creditors who have proved and is approved by the Court. Creditors who have proved their claims, and do not return the voting letter within the time specified, or attend the meeting, will be reckoned as dissenting from the aforesaid composition (or scheme). If the composition be not confirmed the meeting may proceed to elect a trustee (z). Personal attendance at this meeting will not be requisite if the voting letter attached to this notice be filled up, stamped, signed, and witnessed, and sent to me so as to be received not later than the day of , 18 — . Dated the day of , 18 — . Official Eeceiver. No. 28. To Creditors and Official Eeceiver of Application to Court to Sanction Composition or Scheme (a). In the, &c. (as in Form No. 19). Take notice that application will be made to the above Court sitting at , on day of , 18—, at o'clock in the noon, to approve the composition (h) as proposed by the said debtor, and duly accepted by the statutory majority of the creditors at a meeting held on the day of , 18 — . Dated the day of , 18 — . , Official Receiver. To (creditor) (c). No. 29. To Creditors of Meeting to remove Trustee and to Appoint a Person to fill the Vacancy (d). In the, &c. {as in Form No. 19). At the request of one-fourth in value of the creditors of the (y) Set out the proposed terms. (z) The report of the official receiver oq the proposed composition should be annexed to this notice. (a) Bankruptcy Rules 198 and 199, Form 98. (&) Or, — scheme of arrangement. (c) The notice must also be sent to the official receiver : see Bankruptcy Act, 1883, s. 18 (4). Bankruptcy Rules 188G to 1890, Nos. 198, 199. {d) See Bankruptcy Form, No. 107. PBACTIOAL FORMS. .S55 < bankrupt, a general meeting of the creditors is hereby summoned to be held at , on the day of , 18 — , at o'clock in the noon, for the purpose of considering the propriety of remov- ing , the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy. Dated the day of , 18 — . A Member of the Committee of Inspection (e). No. 30. Of Meeting to he held to Appoint New Trustee {/). In the, &c. (as in Form No. 19). I, , the oificial receiver in the above matter, hereby give you notice that a meeting of creditors will be held at , on the (Jay of , 18 — , at o'clock in the noon, for the purpose of appointing a trustee in the place of the late trustee, who has resigned the office (g). Dated the day of , 18 — . To (creditor). 7 Official Eeceiver. No. 31. By Trustee of Intention to Disclaim Lease (h). In the, &c. (as in Form No. 19). Take notice that I intend to disclaim the lease dated the day of , 18 — , whereby (i) was let to the above-named debtor at a rent of £ . If you require the matter to be brought before tlie Court, you must give notice thereof to me in writing within seven (Jc) days of the receipt by you of this notice. Dated the day of , 18 — . Trustee. To Mr. (lessor). (e) Or, — oflBcial receiver. (/) See Bankruptcy Form, No. 108. (r/) Or, — who has died— or, has become bankrupt. (h) See Bankruptcy Forms, No. 119a, 119b. Form of disclaimer No. 120 fol- lows first paragraph, substituting the word " hereby " for " intend to." See also 120a, 120b, and notices of disclaimer 120c, 120d, and if landlord opposes, notice uf opposition 120e. (j) Here specify property. (A;) If sublet, fourteen. 356 PRACTICAL FORMS. No. 32. Of Intention to declare Dividend (I). In tlie, &c. {as in Form No. 19). A im) DIVIDEND is intended to be declared in the above matter. You are mentioned in the debtor's statement of affairs, but you have not yet proved your debt. If you do not prove your debt by the day of , 18 — , you will be excluded from this dividend. Dated the day of , 18 — . ijq Trustee. {Address.) No. 33. Of Intention to declare Final Dividend {n). In the, (&c. {as in Form No. 19). Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the day of , 18 — , or such later day as the Court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim. Dated the day of , 18 — . -po . Trustee. {Address.) No. 34. Of Dividend (o). In the, &c. {as in Form No. 19). [Please bring this dividend notice with you.] Dividend of in the £. {Address.) {Bate.) Notice is hereby given that a dividend of in the pound has been declared in this matter, and that the same may be received at office, as above, on , the of , or on any subse- quent Monday, between the hours of . Q) See Bankruptcy Form, No. 123. (m) First, second, or final, or as case may be. (to) For the form of notice of dividend and tlie statement to accompany notice of dividend, see Bankruptcy Forms, Nos. 122, 124, and 126. (o) See No. 126 of the Bankruptcy Forms. PR ACTIO AL FORMS. 357 Upon applying for payment this notice must be produced entire, together with any bills of exchange, or other securities held by you ; and if you do not attend personally, you must fill up and sign the subjoined forms of Keceipt and Authority, when a cheque payable to your order will be delivered to the bearer (j:>). {Trustees signature.) To {a creditor). Note. — On application for the dividend this notice must be pro- duced entire, and the bills or other securities held by you must be produced. Receipt. Keceived of the sum of pounds shillings and pence, being the amount payable to in respect of the divi- dend of in the £ on claim against this estate. £ : : . {Creditor'' s signature.) Authority, Sir, Please deliver to the cheque for the dividend payable to in this matter. {Creditor s signature.) No. 35. To Creditors of Debtor s Application for Discharge ( supra. 364 PRACTICAL FORMS. place there called " ," and in the occupation of T. W., and ad- joining the lands there belonging to you (c), hereby give you and EACH OF YOU NOTICE that certain trees now growing on your said lands overhang and injure my said dwelling-house and buildings : And I {d) therefore hereby give you further notice, and require you, on or before the day of next, to lop and trim off, and remove so much and such parts of the said trees as so overhang and injure my (e) said dwelling-house and buildings ; And that, in failure thereof, I shall either, on that day, proceed to lop and trim the same (of the hour of which you shall have further notice), or, imme- diately afterwards, take such steps as I may be advised, in respect of such grievance and injury (/). Dated this day of , IS — , {Signature.) No. 48. Of an anticipated Nuisance {(/). To Mr. a. B., of, &c., Ironfounder. I, the undersigned, C. D., of, &c., Builder, the occupier of a workshop and premises adjoining the lands and buildings in your occupation, situate near to, or abutting on a certain [turnpike] road in the said parish, called tbe " Western (or other) Koad," hereby give YOU notice that the blasting or other furnace now erected (h) on the said premises in your occupation, is likely to become and be a nuisance to me and [my workmen and] to my said workshop and premises, and also dangerous thereto and to my tools and effects therein ; And I therefore give you further notice that, in the event of the same becoming a nuisance to me or [my work- men, or] to my said workshop and premises ; And also in the event of any damage arising to my said workshop and premises, or to my said tools and effects, in consequence of such erection, I shall take such steps as I may be advised against you for arresting the pro- gress of the erection of the said furnace, or for causing the same to (c) Or, if so, — to you as such trustees as aforesaid. (c^) Or, — we — ■ — give you and each of you. (e) Or, — our. (/) This notice i.s advisable in all cases, though in strict law only required where the lopping and trimming of the overhanging branches cannot be effected without an entry for that purpose on the land on which they grow (Lemmon v. Wehb, 1894, 3 Ch. 1). (g) Whenever a nuisance is anticipated to arise to property from any act of another party, it is proper to warn him by early notice, and before action, of the probable consequences, in order to prevent a plea of partial acquiescence, and that he has, without it, been allowed to incur an expense which he might and should otherwise have avoided ; iu which cases the inclination of the Courts is to make the payment of such expense, or a fair proportion of it, a condition for the desired relief, (h) Or, — now being erected. PRACTICAL FORMS. 365 be removed, and for such damage as may be occasioned thereby, or otherwise, in respect thereof. Dated this day of , 18 — . {Signature.) No. 49. To Prevent Obstruction of a Window. To (the trespasser), of, &c.. Grocer. I, THE undersigned {complainant), of, &c., Draper, hereby give you NOTICE, that the wooden house or building erected, or now being erected by you, opposite the parlour (*') window belonging to the dwelling-house in the Street aforesaid, now in my renting and occupation, occasions an obstruction to, and diminution in the light and air flowing into and through my said window, and is therefore damaging to my rights as tenant of the said dwelling- house : And I therefore give you further notice, and require you to take down and remove the said wooden house or building within days from the service (h) hereof, and that, in default of your so doing, I shall take such steps as I may be advised to compel the removal thereof and for redress. Dated this day of , IS — . {Signature.) No. 50. To Remove a Building Encroachment. To Mr. a. B., of, &c., Builder. I, the undersigned, C. D. (l), of, &c., Draper, hereby give you notice to take down and remove, within days from the service hereof, all or such part of the buildings (m) recently erected by you as rests upon the wall dividing your property from mine, situate in Street, in D. aforesaid, and such of your buildings as overhang the said wall and my land : And [I give you further NOTICE also] to remove, within the time aforesaid, all other obstruc- tions and nuisances to my said property occasioned, created, or continued by you : And I give you further notice that in default of your complying with these requirements, I shall take such steps [against you] as I may be advised for the abatement and removal thereof, and for redress ; And further take notice that this notice is given entirely without prejudice to my rights and remedies for any loss or damage I may have already sustained by (0 Or, — kitchen — or other window. (k) Or,— date. (I) If given by an agent, add : as agent of E. F., of, &c. (?/i) Or, — scaffolding. 366 PRACTICAL FORMS. reason, or in consequence of all or any of the encroachments, obstructions, or nuisances aforesaid. Dated this day of , 18 — . {Signature.) No. 51. Notice to Remove Obstructions and Nuisances. To Mr. a. B., of, &c., Builder. I, THE undersigned, C. D., of, &c., Draper, hereby give you NOTICE, and require you to remove within days from the service hereof, All bricks, stones, and rubbish (n), which have been placed upon and against the wall belonging to me, which divides your property from mine, situate in Street, in E. aforesaid, and such of the fence of your garden (o) as overhangs my land there adjoining yours. And also [I give you notice] to remove, within the time aforesaid, all other obstructions and nuisances to my said property occasioned, created, or continued by you, consisting of, &c. (p) : And I give you further notice, that in default, &c. (as in the last form). (Signature.) No. 52. Bij an Oivner to a Trespasser not to Trespass on Land. To Mr. {the tresimsser), of, &c.. Grocer. I (q), the undersigned, A. B., of, &c.. Draper, hereby give you (r) NOTICE, not to trespass on any land (s) or property (») Or, — timber {or other things). (o) Or, — eaves of your buildings. (p) Here specify in like manner any otrier grievance which exists, such as — water thrown from the shoots round the southernmost (or ofher) part of your house on the main wall of my dwelling-house — or, into the drain leading from my said dwelling-house into the main sewer — or, your trees — or, branches of your trees — fallen on my land, situate, &c. — or, the planting trees against the fence of my said dwelling-house, and nailing trees thereto (describin;; it) — or, noisome and offensive matter on the premises in your occupation — or, flowing from the premises in your occupation into mine, and which is injurious — or is likely to be injurious to health, and detrimental to the proper enjoyment of my said premises — or, the using of my well — cr, pump — boat (or other tliivg, naming it). (q) If given by several persons interested in the property, as trustees, or other- wise, here say — We hereby, &c. (as above). If given by a solicitor, steward, or agent, here say — as the solicitor — or, steward — or, agent — for, and on behalf of (the proprietor of the property), I hereby, &c. (as above). (r) If given to several, here say — you, and each of you — inserting their names and addresses at the head. (s) If so, — coppices and coverts. PRACTICAL FORMS. 367 belonging to me {t), situate at D., in the county of S., or else- where (w) [under any pretence or pretext whatever] ; And that if you {x) do so after being served with this notice, you will be deemed a wilful trespasser {y) and dealt with accordingly. Dated this day of , 18 — . {Signature.) No. 53. Not to Trespass in a Garden or on Buildings. To Me. {the trespasser), of, &c.. Grocer. I {z), the undersigned, A. B., of, &c.. Maltster, hereby give you NOTICE tliat if you, or any person or persons employed by, or acting for you [venture again to (a) walk over, tread, or] trespass upon the garden, buildings, or premises belonging to me, situate in or near Street, at W., in the county of K., and abutting against the dwelling-house, garden [and premises] belonging to you, I shall take such proceedings against you and them, or some or one of you and them, as the law will permit, and as I may be advised {h). Dated this day of , 18—. {Signature.) No. 54. By a Renter of Rights of Sporting or to Trespassers not to Trespass. To {the trespasser), of, &c.. Esquire. I, the undersigned {the owner), of, &c., hereby give you notice not to (c) enter, or trespass upon any or either of the lands {d) situate in the parish of A. (e), in the county of D., or elsewhere, {t) Or, — in my occupation — or, in the occupation of A. B., my tenant. If given by a tenant, instead of " belonging to me," substitute — belonging to A. B., Esquire, and in my renting and occupation. (u) If given" to a sj^ortsman or poacher, here add — for the purpose of hunting, shooting [fishing] or sporting thereon, or for any other purpose, or under any pretext whatsoever. {x) If several persons, here add — you or any or either of you. (y) Or, — trespassers. (2) When given by an agent, see ante, n. {q). (a) The words within brackets should be used when a second trespass after notice has been committed. (h) This form can be easily varied so as to suit other circumstances, reference being had to the last form. (c) If given to sporting trespassers, here insert the words — shoot over or . (rf) And here insert — or, coverts — or, rivers or streams — with or without dogs, nets, snares, engines, or other things for the taking, destroying, or carrying away any game — or, rabbits — or, fish — or, wild fowls, or the eggs of any birds being game or wild fowls [or other birds]. (e) Or, — several parishes of A,, B., and C. 368 PRACTICAL FORMS. belonging to me (/ ), and that in case of your {g) so doing after the service of this notice, the necessary legal proceedings will be taken against you in respect thereof (li). Dated this day of , 18 — . {Signature.) No. 55. Of a Reward offered for the Apiyrehension of Depredators. POUNDS KEWARD, Notice is hereby given that any person or persons found cutting or otherwise damaging the trees and shrubs (i), {or other i^roperty) at D., and in the occupation of A. B., of, &c., Yeoman, will be PROSECUTED. And any person giving such information against the offenders, as may lead to their apprehension and conviction, will receive the above reward, on application to H. M., {Place.) Solicitor, {Bate.) W. No. 56. Requiring Payment of Mortgage Money {Jc). To Mr. {the mortgagor), of, &c., Draper. I, THE undersigned {mortgagee) (l), of, &c., Grocer, hereby give YOU NOTICE, and require you to pay, or cause to be paid, to me, my executors, administrators, or assigns, on the day of next (being months from the date of service hereof), all such prin- ■cipal, interest, and other moneys as shall be then due [and owing] to me {m) upon or by virtue of a certain indenture of mortgage, bearing (/) If given by a tenant, instead of the words "belongino; to me," substitute — belonging to A. B., Esquire, and over which C. D., Esquire, has the [exclusiye] right of shooting. (.'/) If given to more than one person, here add — you or any or either of you shall do so after the service, &c. {as above). (h) 'i his notice should be given by the tenant of the lands, but a notice by the landlord likewise would strengthen it. (^) Or,— coppices, coverts, or plantations on the lands belonging to the Earl of B., situate in the parish of D. (/.) See anotlier lorra under "Demands," ante, p. 230. (/) Or, — V\'v., the undersigned A. B. and C. D., executors — or, surviving executors — of the last will of {the testator), late of, &c.. Grocer, deceased — or, administrator with the will annexed of {the testator), late of, &c.. Grocer, deceased — or, if given by a solicitor or agent, say — as the solicitor — or, agent — and vary the form throughout accordingly. The name and description of the agent may be omitted here and added at the end of the form. (/ft) Or,— to us as such executors — or, surviving executor, as aforesaid. PRACTICAL FOBMS. 369 date, &c., and made between, &c. {n) ; whereby certain lands and hereditaments, situate, &c., were (o) granted and released by you to me {-p), for securing the sum of pounds and interest, as therein mentioned : And I give you further notice, that, in default of payment thereof, such steps will be taken as may be necessary, for obtaining possession of the said premises {q), or otherwise as I may be advised. Dated this day of , 18 — . {Mortgagee) (r). No. 57. Another Form (s). To Mr. {the mortgagor), of, &c., Draper. I, the undersigned {t), {the mortgagee), of, &c., Grocer, hereby give YOU (w) notice and require you within calendar months from the date hereof, to pay off the principal sum of pounds, together with all interest which may be then due thereon, secured to me {x) by an indenture of mortgage dated, &c., and made, &c. {state the -parties without their descriptions) : And I give you further notice that, in default of the due payment thereof, I shall {y) proceed to realize my said security by selling the property {z) subject to such mortgage' in pursuance of the power implied in the said indenture, and also by taking such other steps for the recovery of the said principal moneys and interest as I may be advised. Dated this day of , 18 — . {Signature) (a). {n) Here state the parties' names, without the addresses, as— you, the above-named (the mortrjagor) of the one part and myself— or, the said {testator, or other person) of the other part {according to the fact). (o) If leasehold, say— were assigned and transferred to me— or, the s&it {mortgagee) —for the term of years {if so) determinable with lives— Or, \i coinjhold,s,&y—viex& surrendered and assured. . . (j)) Or,— byyou to the said {mortgagee), his heirs or assigns— o/-, executors, adminis- trators, and assigns— for the certain'term of years (// .so) determinable with lives. (rf) Or,— for foreclosing the said mortgage— or, for selling the said [hereditaments and] premises, pursuant to the power for that purpose implied in the said indenture of mortgage. (y) Or,— A. B., as solicitor— or, agent— for and on behalf of the above-named {mortf/arjee). (s)' See Form 10, p. 230. (t) If o;iven by a solicitor or asent, see precedins; form, n. (/)• (u) If two mortgagors, say — you and each of you. (»■) Or, — to him. (y) Or,— the said (mortgagee) will proceed, &c. (as above). (z) Or, if a life policg, say — selling or surrendering. (a) See last form, n. (r). 2 B 370 PRAGTIOAL FORMS. No. 58. By Mortgagee to Tenants not to Pay Rents to Mortgago7\ Whereas by a certain indenture, bearing date, &c., and made between, &c., the dwelling-bouses, buildings, garden, land, and here- ditaments now in your occupation, situate at, &c.,were conveyed and assured (b) by the {mortgagor) to me (c) by way of mortgage, for securing the payment of the sum {cl) of pounds and interest, at a certain time in the said indenture mentioned and now past ; and which said sum of pounds, with interest thereon [from the — ^ day of last (e)], is still due and unpaid : Now I (/) hereby give YOU notice not to pay any rent or arrears of rent which may be now due and payable, or which at any time hereafter, during the contin- uance of the said [mortgage] security, shall become due and payable from you for or in respect of the said [dwelling-houses and] premises to the said {mortgagor), or to any person or persons whomsoever, other than {g) to me, or to such person or persons as shall be duly authorized by me to receive the same ; and I hereby require you to pay all such rents to me {g). Dated this day of , 18 — . {Mortgagee.) To Mr. A. B., The tenant of the above-named premises. \ No. 59. Of Paying off Mortgage Money. To Mr. {the mortgagee), of, &c., G-rocer. I (Ji), the undersigned {the mortgagor), of, &c., Draper, hereby GIVE YOU notice, that on the day of next (being six montlis from the [date and] service hereof), I shall pay, or cause to be paid unto you, the above-named {mortgagee), all such principal, interest, and other moneys as shall be then due [and owing] from me to you (i) upon or by virtue of a certain indenture of mortgage, (h) Or, if leasehold — assigned and transferred. (c) If the notice is given by a solicitor or agent, say — to the {mortgagee) . {d) It is not necessary to state the sum ; and, as it may expose the mortgagor prejudicially, it is not desirable to mention it. In which case, say — a certain sum of money, with interest thereon, as in the said indenture is mentioned, &c. (e) Or, — with an arrear of interest [amounting together to the sum of pounds]. (/) If given by a solicitor or agent, here say — as the solicitor — or, agent — of the said . {g) If given by a solicitor or agent, here say — to the said {mortgagee) or to me as sucli solicitor — or, agent — as aforesaid. {h) If given by a solicitor or agent of the mortgagor, or by an executor, see Form 56, n. {I), supra. {i) And here say, to {the mortgagee), or, if given to an executor or administrator, say — to you, as the executor — or, surviving executor — or, administrator with the will annexed — of {the testator) — or, administrator of {the intestate) — late of, &c., Grocer, deceased. PRACTICAL FOB MS. 371 bearing date, &e., and made, &"c., which you have (h) upon an estate called " ," situate at R., in the county of D. Dated this day of , 18 — . (Signature.) No. 60. Of Resolution ApiJointing Trustees to a Friendly Society (I). Name of Society . Eegister No. {iii). At a meeting of the Society, held the day of , 18 — , it was resolved by a majority of the members present and entitled to vote : — That of , of , and — — of («), be a trustee (o) of the Society ( jj). , Trustee. , Trustee. , Trustee. -, Secretary. (q) Received this day of , 18 — , notice of the appoint- ment of as trustees of the Society, Register No. . {Seal of the Central Office) (r). No. 61. ' Of Appointment of Neiv Trustee (s) of Branch of Friendly Society (t). Name of Society . Register No. (u). Name and number of Branch (u). Notice is hereby given : — That , of (x), was (ij) on the day of , 18—, (^•) Or, if the mortgagee be dead, or the notice be given by a solicitor or agent, say — which the said (mortgagee) had upon, &c. {as above). {I) See Form L of Treasury Kegulations of Dec. 8, 1875, issued under the Friendly Societies Act, 1875. (m) If the society is registered in Scotland or Ireland, add — Scotland — or, Ireland, as the case may be. (n) Give full names, addresses, and descriptions. (o) Or, — trustees. (p) If it is not a first appointment, add— in place of , deceased — or, resigned — or, removed, as the case may be. (q) This part to be detached by the Eegistrar when the notice is registered, and returned to the society. (r) Or, signature of a registrar. (s) Or, officer to sue or be sued. (t) See Form AT of Treasury Kegulations of Dec. 8, 1875, issued under the Friendly Societies Act, 1875. (u) If the Society be registered in Scotland or Ireland, add — Scotland— c^/-, Ireland, as the case may be. {x) Give full name, address, and description. {y) Or (if more than one trustee appointed) — were. 372 PRACTICAL FORMS. duly appointed a trustee (z) of the above-mentioned branch, in the place of , deceased {a). {Signature^ Secretary of the Society. No. 62. To Registrar of Change of Name of Builcling Society {h). Building Societies Acts. {Name already registered) Building Society. Kegister No. Notice is hereby given, that at a meeting of the Building Society called for the purpose, held on the day of , it was resolved by three-fourths of the members present : — "That the name of the Society be changed to Building Society." , Member. , Member. , Member. , Secretary. (Address.) Dated the day of , 18 — . To the Eegistrar of Building Societies, 28, Abingdon Street, Westminster. No. 63. Of Change of Chief Office of Building Society (c). Building Society Acts. Building Society. Eegister No. . To the Eegistrar of Building Societies in England. Notice is heeeby given, that the Eegistered Chief Office of the Building Society established at , in the county of , is changed to the office or place following : — {Signature.) Secretary. (2) Or, — trustees — or, an officer— yr, officers — to sue and be sued on behalf. (a) Or, — resigned — or, removed. (6) See Form (Gr) in Appendix to Treasury Regulations (Building Societies) of 1882. For the form of certificate, see ante, Fart XVII., Form No. 4, p. 152. (c) See Form (Y) in Appendix to Treasury Regulations (Building Societies) of 1882, and for the form of certificate of change, see ante, Part XVII., Form No. 5, p. 153. For a similar form, signed by three members and countersigned by the secretary, in the case of a Provident Society, see Form issued under the Industrial and Provident Societies Act, 1893. PRACTICAL FORMS. 373 No. 64. Of Registry of Instrument of Dissolution of a Friendly Society (d). Name of Society . Register No. (e). The foregoing instrument of dissolution (/) of the Society is registered under the Friendly Societies Act, 1875, this day of , 18—. (Seal or stamp of Central Office) (g). No. 65. Of Proceeding to set aside Dissolution of a Provident Society (li). Industrial and Provident Societies Act, 1893. Name of Society Limited. Register No. (*'). To the Central Office. Whereas on the day of , the above-named Society was dissolved, or purported to be dissolved, by an instrument of dissolu- tion purporting to be duly registered. I hereby give you notice, that I intend after not less than seven days from the date hereof to take proceedings for setting aside such dissolution in the county court (/.;). Dated the day of , 18—. {Signature.) (Address.) No. 66. Of Parliamentary Election (I). The returning officer of the of , will, on the day of now next ensuing, between the hours of and , proceed (d) See Form AK of Treasury Regulations of December 8, 1875, issued under the Friendly Societies Act, 1875. (e) Add— Scotland— or, Ireland, where required. (/) Or, alteration of the instrument of dissolution. For the form of the instru- ment, and of the declaration to accompany it, see Forms A H and A I of Treasury Regulations, 1875. (g) Or, signature of assistant registrar for Scotland or Ireland. (/i) See s. Gl (e) (f) of the Act. (i) If the society is registered in Scotland or Ireland, add — Scotland — or, Ireland, as the case may be. (k) Or,— Sheriff Court or, Civil Bill Court. (0 See second schedule to the Ballot Act, 1872. 374 PEAOTICAL FORMS. to the nomination, and, if there is no opposition, to the election, of a member (m) for the said county {n) at the (o). Forms of nomination papers may be obtained at (o) between the hours of and on (j)). Every nomination paper must be signed by two registered electors as proposer and seconder, and by eight other registered electors as assenting to the nomination. Every nomination paper must be delivered to the returning officer by the candidate proposed, or by his proposer and seconder, between the said hours of and on the said day of , at the said . Each candidate nominated, and his proposer and seconder, and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room. In the event of the election being contested, the poll will take place on the day of . {Signature.) Sheriff {q). The day of , 18—. Take notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices, or any illegal practice (r) at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in The Corrupt Practices Prevention Act, 1854, The Corrupt and Illegal Prac- tices Prevention Act, 1883 (r), and the Ballot Act, 1872, and the Acts amending the said Acts. Take notice (s) that by the Parliamentary Elections (Keturning Officers) Act, 1875, it is provided that every person having any claim against a returning officer for work, labour, materials, services, or expenses in respect of any contract made with him by or on behalf of the returning officer, for the purposes of an election (except for publications of account of election expenses) shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the returning officer the detailed particulars of such claim in writing, and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars {t). (m) Or, — members. (?i) Or, — division of a county — or, borough. (o) Insert descri[ition of place and room. (p) By Ballot Act, 1872, schedule 1, r. 7, the returning officer must supply any- registered elector with a nomination paper during such two hours between 10 a.m. and 2 p.m. as he may fix on, upon each day between the notice of election and the day of election. For form of nomination paper see ante. Part XXV., Form No. 2, p. 244. {q) Or,— mayor — or, as the case may be. As to the returning officers in new boroughs, see s. 12 of the liedistribution of Seats Act, 1885 (48 & 49 Vict. c. 23). (r) These words are required to be added by s. 62 (3) of the Corrupt and Illegal Practices Prevention Act, 1883. (s) This addition is required by s. 7 of the Act here mentioned (38 & 39 Vict, c. 84), and is contained in the second schedule of that Act. (t) As to the expenses of returning officers, see the Parliamentary Elections (Returning Officers) Act, 1885 (48 & 49 Vict. c. G2). PRACTICAL FORMS. 375 No. 67. Same of Municipal Election {u). Borough of . Election of Councillors (x) for the Borough (y). Take Notice. 1. That an election of (z) councillors for the said borough (y) will be held on the day of . 2. Candidates must be nominated by writing, subscribed by two burgesses as proposer or seconder, and by eight other burgesses as assenting to the nomination. 3. Candidates must be duly qualified for the office to which they are nominated, and the nomination paper must state the surname and other names of the person nominated, with his abode and de- scription, and may be in the following form, or to the like effect : — Set out the Form (a). 4. Each candidate must be nominated by a separate nomination paper, but the same burgesses, or any of them, may subscribe as many nomination papers as there are vacancies to be filled for the borough (b), but no more. 5. Every person who forges a nomination paper, or delivers any nomination paper, knowing the same to be forged, will be guilty of a misdemeanour, and be liable to imprisonment for any term not exceeding six months, with or without hard labour. 6. Nomination papers must be delivered by the candidate himself, or his proposer or seconder, at the Town Clerk's office, before five o'clock in the afternoon of day, the day of next. 7. The mayor will attend at the Town Hall, on day, the day of , for a sufficient time between the hours of two and four o'clock in the afternoon, to hear and decide objections to nomination papers. 8. Forms of nomination papers may be obtained at the Town Clerk's office ; and the Town Clerk will, at the request of any burgess, fill ]ip a nomination paper. Dated this day of , 18 — . {Signature.) Town Clerk. (m) See Form H in eighth schedule of Municipal Corporation Act, 1882. (x) Or, — elective auditors— o/-, revising assessors (as tlic case may be). (y) Or,— for tlie ward — or, several wards of the borough. (z) Insert number of councillors, auditors, or assessors. (a) For the nomination paper, see Part XXV., Form No. 3, ante, p. 245. (&) Or, — ward. 376 PRACTICAL FOBMS. No. 68. Of Disqualijicatioii of Parlimnentary Candidate (c). To the Electors of the County (d) of . I (e), the undersigned, hereby give you and each of you notice that : — (Candidate) of , a candidate at the present election to serve in Parliament for the above-mentioned county {d) of , having, for the purpose of influencing voters at this election (/), is disqualified (g) from being elected to serve in Parliament for the said county (A) of , and all votes given for him will be thrown away. Dated the day of , 18 — . (Signature.) A candidate (i) at the present election to serve in Parliament for the county (k) of . No. 69. Same of Municipal Candidate (I). To the Burgesses of the Borough of I, THE undersigned, hereby give you and each of you notice that -, Esq., of , one of the persons nominated for the ofiice of councillor at this present election, is (m) disqualified for the ofiice of councillor, and ineligible to be nomi- nated or elected a councillor of the said borough at this present election, and therefore all votes given to the said at the present election will be thrown away. (Signature.) A burgess of the borough, and a candidate for the ofiice of councillor at this present election. (c) See a somewhat similar form in Drinkvjater v. Deakin, L. E. 9 C. P. G26. ((^^ Or, — borough— or, division of the county — or, borough of— or, as the case may be. (e) Or, — we. (/) State grounds for disqualification. (^) Or, — believed to be disqualified : see the case cited in n. (c). (^) Or, — borough— or, division of the county— or, borough — or, as the case may be. (i) Or,— election agent for , Esq., (or, as the case may be)— a candidate, &c. (k) See D. (A), above. (I) See a somewhat similar form at p. 631 of Beg. v. Mayor of Teivkeshury, L. It. 3 Q. B. 629. (m) Set out the grounds of disqualification, as, e.g. — the present mayor of the said borough, and by reason of acting as returning officer (Beg. v. Owens, 2 E. «fe E. 86; Beg. V. White, L. R. 2 Q. B. 557). PRACTICAL FORMS. '-Ml No. 70. Of Withdrawal hij Pafliamentary Candidate {a). To the Eeturning Officer for the Election of Members for the County (li) of . I, {candidate), of , being a candidate nominated at the present election to serve in Parliament for the county (li) of , hereby give you notice that I withdraw from such candidature. Dated the day of , 18 — . {Signature) (o). No. 71. Of Aijpointment of Election Agent (p). Borough {q) of , Division. Parliamentary Election 18 — . I HEREBY give notice that {candidate), of , in the county of , Esquire, being a candidate at the above-named election, has appointed {election agent), of , in , Gentleman, as his election agent at the aforesaid election (r), and that the address of such election agent, to which all claims, notices, writs, summonses, and other documents relating to the said election may be sent, is. Central Committee Eooms {q), , , in the county of . Dated this day of , 18 — . " > Eeturning Officer. {Address.) No. 72. Of Claim (^Parliamentary and Municipal) to Borough Registration (s). To the Overseers of the Parish [t) of I CLAIM to have my name inserted among the parliamentary {n) A candidate, during the time appointed for the election, may withdraw by- giving a notice, signed by him, to the returning oflBcer : see s. 1 of Ballot Act, 1872. (o) If the candidate is out of the United Kingdom, his proposer must sign the notice, and make a written declaration of the absence of the candidate : s. 1, Ballot Act, 1872. {p) This is the usual form for an advertisement in the newspapers. (5') Or, as the case may be. (r) If desired, add— in pursuance of s. 24 of the Act, 46 & 47 Vict. c. 51. Is) See Form (H) Xu. 1 in 3rd Schedule of Eegistration Act, 1885. See also 'post, Forms, Nos. 7.5 and 76. {t) Or, — township. 378 PRACTICAL FORMS. voters for the parliamentary borough (u) of the qualification named below (y). (x), in respect of Name of claimant in full, surname being first. Place of abode. Kature of qualification. Description of qualifying property. Dated the day of 18- (Signature.) No. 73. Of Objection (Parliamentary and Municipal) to he given to Overseers {Borough Registration) (z). To the Overseers of the Parish (a) of (^) I HEREBY give you notice that I object to the name of — being retained on the list (c) as a parliamentary voter for the parliamentary borough (w) of {d). Dated the day of , 18 — . {Signature and 'place of abode), on the list of parliamentary voters and burgesses for the parish (a) of . (m) If the parish is not in a parliamentary borough, substitute — division of the county — or, county, for "parliamentary borough." (a;) Add, if so — and burgesses for the municipal horough of . (?/) Add, if so — and to have my name omitted from the corrupt and illegal practices list. (2) See Form (1) No. 1 in third schedule of Eegistration Act, 1885. See also post. Forms, Nos. 77 and 82. (a) Or, — township. (V) If the list contains two or more persons of the same name, distinguish the person objected to. (c) If there is more than one list, specify the list ; and if the list referred to is made out in divisions, specify the division to which the objection refers. (cZ) Add, if so — and as a burgess for the municipal borough of , and also add, if so— and to the omission of the said name from the corrupt and illegal practices list. PBAGTICAL FOB MS. 379 No. 74. Of Objection {Parliamentary and Munici]pal) to he given to Person objected to (Borough Registration) {e). To Me. (/). I HEREBY give you notice that I object to your name being re- tained on the list {g) as a parliamentary voter for the parlia- mentary borough of Qi), on the following grounds, viz. : — 1. That (*■). 2. That 3. Dated the day of , 18 — . {Signature and place of abode), on the list, &c. {see j^receding form). No. 75. Of Claim (Parliamentary) bij Lodger {County or Borough Registration) {j). To the Overseers of the Parish [h) of I CLAIM to have my name inserted [as a lodger] in the list of \or among the] parliamentary voters for the county (J) of , in respect of the qualification named below. Name of claimant in full, surname being first. Stevens, John William Description of rooms occupied, and whether furnished or not. Two rooms, first floor, furnished (m) Street, lane, or other place, and number (if any) of house in which lodgings situate. 51, Brick-street Amount of rent paid. 16s. a week Name and address of landlord or other person to whom rent is paid. William Johnson, 51, Brick-street I hereby declare that I have, during the twelve calendar months immediately preceding the fifteenth day of July in this year, (e) See Form (1), No. 2, in third schedule to Registration Act, 1885. See also post, Nos. 83 and 84. (/) See note (h) to preceding form. Ig) See note (c) to preceding form. (/i) See note (ci) to preceding form. (0 E.g.—voyx. have not occupied for twelve months to July 15th. , , , . (./) See Form (H) No. 2 in second (County) and in third (Borough) schedule of Registration Act, 1885. This notice is to be sent in after the last day of July, and on or before the 20th day of August. (A:) Or, — township. (l^ Or,— for the division of the county— or, for the horough of — — . (m) If the claim is in respect of dill'erent rooms successively occupied as lodgmgs in the same house, the notice of claim must specify each room, or set of rooms, so occupied. 380 PRACTICAL FOBMS. occupied as sole tenant (n), and resided in, the above-mentioned lodgings, and that those lodgings are of a clear yearly value, if let unfurnished, of ten (o) pounds or upwards (p). Dated this day of , 18 — . (The Claimant.) I, the undersigned, hereby declare that I have witnessed the above signature of the above-named (claimant) at the date stated above, and that I believe the above claim to be correct. Dated the day of , 18 — . ( Witness.) (Residence and calling.) No. 76. Of Claim in resjject of the Occupation Franchise {County Registration) (q). To the Overseers of the Parish (r) of I CLAIM to have my name inserted in the list made by you of parliamentary voters for the county (s) of , in respect of the qualification named below (t). Name of claimant in full, surname being first. Place of abode. Nature of qualification. Description of qualifying property. Dated the day of 18—. (Signature.) (n) Or, — as joint tenant with . (If there are two joint lodgers, the yearly value of the lodgings must be £20 or upwards,) (o) Or, — twenty. (p) Add, if so — and I hereby declare that I am on the register of parliamentary voters for the said division (or, — county, of, — parliamentary borough) in respect of the same lodgings as above-mentioned, and I desire to have my name inserted in the old lodgers' list. (In this case the claim must be sent in on or before the 25th day of July.) (q) See Form (H), No. 1, Schedule 2 of Registration Act, 1885. (r) Or, — township. (s) Or, — for the division of the county. (t ) Add, if so — and to have my name omitted from the corrupt and illegal practices list. PRACTICAL FORMS. 381 No. 77. Of Objection to he given to Overseers in respect of the Occupation Franchise {County Registration) {ii). To the Overseers of the Parish {x) of . I HEREBY give you notice that I object to the name of (y) being retained on the list (z) of parliamentary voters for the county (a) of (h). Dated the day of , 18 — . {Signature and place of abode), on the list of parliamentary voters for the parish {x) of . No. 78. Same to he given to Person objected to {County Regis- tration) (c). To Mr. (?/). I HEREBY give you notice that I object to your name being retained on the list {z) of parliamentary voters for the county {a) of (b), on the following grounds, viz. : — 1. That {d). 2. That (e). 3. That (/). Dated the day of , 1 8 — . {Signature and place of abode), on the list of parliamentary voters for the parish {x) of . (it) See Form (I), No. 1, Schedule 2 of Kegistration Act, 1885. (x) Or, — township. {y) If the list contains two or more persons of the same name, the notice should distinguish the person intended to be objected to. (z) If there is more than one list, the notice should specify the list to which the objection refers. (a) Or, — for the division of the county. (h) Add, if so — and to the omission of the said name from the corrupt and illegal practices list. (c) See Form (I), Xo. 2, Schedule 2 of Registration Act, 1883. (d) Add, if so — and to the omission of your name from the corrupt and illegal practices list. (e) E.(j. — you have not occupied for twelve months to July 16th. (/) E.(j. — you have been convicted {or, reported guilty) of a corrupt practice. 382 PRACTICAL FORMS. No. 79. Of Withdrawal of Objection {County Registration) (g). To Mr. (h). I HEREBY give you notice that I withdraw my objection to your name (i) being retained on the list (k) of (1). Dated the day of , 18. [Signature) (m). No. 80. Reviving an Objection [County RegistrcUion) (n). To Mr. (o). I hereby give you notice that I revive the objection which wa& made by , since deceased, to your name {p) being retained on the list (k) of {q). Dated the day of , 18 — . {Signature) (r). No. 81. Of Claim to be given to Overseers by Claimants in respect of Ownership {County Registration) {s). To the Overseers of the Parish (t) of I hereby give you notice that I claim to be inserted, in the list of parliamentary voters for the county (u) of , and that the (g) See Form (N), Nos. 1 and 2 in the second schedule to the Kegistration Act, 1885. (Ji) Or (if to the overseers), — To the overseers of — — . (^) Or (if to the overseers), — to the name of . (k) Kefer to the list as in the two |iroceding forms. (I) Add, if so — so far as regards the ground of objection numbered in my notice to you — or, to Mm — of such objection. (m) "J'o be signed as in the preceding form. (n) See Form (0), Nos. 1 and 2 in second schedule of Registration Act, 1885. (o) Or, — to the overseers of . (p) Or, — to the name of . (7) Add, if so — so far as regards the ground of objection numbered in my notice to you — or, to the person objected to— of such objection. (r) To be signed as in Forms No. 77, 78. (s) See Form No. 2 in second Schedule of Eegistration Act, 1885. (t) Or, — township. (u) Or, — division of the county of. PRACTICAL FORMS. 383 particulars of my place of abode and qualification are stated in the columns below. Name of the claimant at full length, the surname being first. Place of abode. Nature of qualification. Description (x) of qualifying property. Dated the day of , in the year (Su/nature.) No. 82. Of Objection to Oivnersliip Voters to he given to the Overseers {County Registration) (y). To the Overseers of the Parish (z) of . I HEREBY give you notice that I object to the name of the person mentioned and described below being retained in the list of owner- ship voters for the county (a) of . Name of the voter objected to as described in the register or list of ownership claimants. Place of abode as described. Nature of qualifi- cation as described. Description of qualifying property as given in the register or list of ownership claimants. Dated the day of , in the year . {Signature and place of abode.) (x) The description should specify the street, lane, or other like place in the parish (or township), if any, and number of house, if any, where the property is situate, or name of the property, if known by any, or name of the occupying tenant ; or if. the qualification consists of a tithe rent-charge, of the name of the rectory, vicarage, chapelry, or benefice to which the rent-charge belongs, aud if it consists of any other rent-charge, then the names of the owners of the property out of which such rent is issuing, or some of them, and the situation of the property, and a statement of the registration of the claimant in respect of such rent-charge in the register in force. (y) See Form No. 4 in second Schedule of Registration Act, 1885. (z) Or, — township. (a) Or, division of the county. 384 PRACTICAL FORMS. No. 83. Of Objection to he given to Persons ivhose names are in the Oivner ship portion of the Register (County Registration) (b). To Mr. , of (c). Take notice that I object to your name (d) being retained in the (e) list of ownership voters for the county (/) of And I ground my objection on the first column of the register (g), and the objection relates to the nature of your interest (h) in the qualifying property (i). Dated this day of , 18 — . (Signature and place of abode), on the register (k) of voters for the parish (l) of . No. 84. Of Ohjection to he given to Persons whose names are on the List of Ownershij) Claimants (County Registration) (b). To Me. , of (c). Take notice that I object to your name (d) being retained in the (e) list of ownership voters for the county ( / ) of . Dated this day of , 18- (Signature and place of abode), on the register (Tc) of voters for the parish (Z) of . (h) This notice is to be given to these persons when objected to by any person other than overseers, and is to be given to the occupying tenant of the qualifying property, where notice is required to be given to the occupying tenant, see Form No. 5 (a), Schedule 3 of Registration Act, 1885. (c) Insert the name and place of abode of the person objected to as described in the register, and in the case of notice to the tenant of the qualifying property insert his name and place of abode as described in the register. {(T) In the notice to the tenant instead of the words " your name," insert the name of the person objected to. (e) Insert name of the parish or township. (/ ) ^Ji\- — foi^ the division of the county. {(j) Or, — on the second — or, third— or, fourth column. (li) In the notice to the tenant instead of the words " your interest," insert — the interest of {name of the j>erson objected to). (i) Or, — to the value of qualifying property. (k) Or, — on the — list. (?) Or, — township. PRACTICAL FORMS. ;385 No. 85. Of Claims to Municipal Borough Registration (m). To the Overseers of the Parish (n) of I CLAIM to have my name inserted in the list of burgesses of the municipal borough of , in respect of the qualification named below (o). Xame of claimant iu full, surname being first. riace of Abode. Nature of qualification. Description uf qualifying property. Dated the day of 18- (Signature.) No. 86. Of Objection to be given to Overseers {Municipal Borough Registi -a ticn) (p) . To the Overseers of the Parish (n) of I HEREBY give you notice that I object to the name of (?) being retained on the list (r) of burgesses of the municipal borough of (s). Dated the day of , 18 — . (Signature and i^lace of abode), on the list of burgesses for the parish (n) of . (m) See Form (H), No. 3 ia third Schedule of Recristration Act, 1885. This notice need not be served if the claim is to be registered both as a parliamentary voter and a burgess in respect of the same property, as in that case Form, ante, No. 72, as altered in n. (x), is sufdcient. (n) Or, — township. (u) Add, if so, — and I claim to have my name omitted from the corrupt and illegal practices list. (j)) See Form (I), No. 3 in third Schedule of Registration Act, 1885. This notice need not be served if the reference to a burgess is included in Form ante, No. 73. (q) See Form No. 73, n. (rf). (?') See n. (e), ib. (s) Add, if so, — and to the omission of the said name from the corrupt and illegal practices list. 2 c 386 PRACTICAL FORMS. No. 87. Same to he given to Persons objected to (Borough Regis- tration) (t). ToMk. (u). I HEREBY give you notice that I object to your name being retained on the list (x) of burgesses of the municipal borough of , on the following grounds, viz. : — 1. That (y) 2. That o. Dated the day of , 18 — . (Signature and 'place of abode), on the list of burgesses for the parish (z) of . No. 88. Of Withdrawal of Objection to Municipal Voter (Borough Registration) (a). To Mr. (b). I HEREBY give you notice that I withdraw my objection to your name (c) being retained on the list (d) of (e). Dated the day of , 18 — . (Signature) (/). (t) See Form (I), No. 4 in Schedule 3 of Eegistration Act, 1885. This notice need not be served if the reference to a burgess is included in Form ante, No. 74. (m) See Form No. 74, n. ( /). (x) See Form No. 74, n. (g). (y) E.g. you have not occupied for twelve months to July 15th. (z) Or, — township. («) See Form (N), Xos. 1 and 2 in third Schedule of Registration Act, 1885. Q)) Or, — the town clerk of . (c) Or, — to the name of . {d) Refer to the list as in the notice of objection, see ante, Form No. 8G, u. (r). (e) Add, if so, — so far as regards the ground of objection numbered in my notice to you— or, to him — of such objection. (/) The notice should be signed as in the notice of objection, see ante, Forms Nos. 86, 87. PRACTICAL FORMti. 387 No. 89. Reviviuf) an Objection to Municipal Voter {Borovgh Registration) (g). To Me. (h). I HEREBY give you notice that I revive the objection which was made by , since deceased, to your name (i) being retained in the list (l) of (l). Dated the day of , 18 — . (Signature) (m). No. 90. Bg Voter of Selection in the case of Duplicate Entries {Borough Registration) (n). To the Kevising Barrister for the Parliamentary Borough of — I hereby elect to vote in respect of the following entry in the — list (o) of voters for the parish Q?) of . Name of claimant in full, surname being first (q). Place of abode. Nature of qualification. Description of qualifj-in;; propertj'. Dated this day of 18—. (Signature.) No. 91. Of Claim hg Freemen to he given to the Town Clerk (r). To the Town Clerk of the City (s) of . I HEREBY give you notice that I claim to have my name inserted {g) See Form (0), Nos. 1 and 2 in third Schedule of Eegistration Act, 1885. Qi) Oj-,— the town clerk of . (i) Or, — to tlie name of . {k) See n. {d) to preceding form. (J) See n. (e) to preceding form. (m) See n. (/) to preceding form. __ (n) See Form (P) in third Schedule of Registration Act, ISbu. (o) The list should be specified, aud if the list is made out in divisions, the divi- sion in which the entry referred to appears. ( p) Or,— township. . • > (2) Copy the entry in the list of voters which the voter wishes to have retained ° (0° Sef Form No. 7 of Schedule (B) of Registration Act, 1843 (6 & 7 Vict. c. 18). (s) Or,— borough. 388 PR ACTIO AL FORMS. in the list made by you of persons entitled as freemen to vote in the election of a member {t) to serve in Parliament for the city (w) of , and that my qualification is as freeman of , and that I reside in Street, in this city (w). Dated this day of , 18 — . {Signature.) No. 92. Of Claim by Burgess in Borough purely Municipal {v). To the Town Clerk of the Borough of . I HEREBY give you notice that I claim to have my name inserted in the parish burgess list of the borough of , that I occupy (w), in the borough, and that I have been rated in the parish of {x). Dated the day of , in the year . {Signature and place of ahode.) No. 93. Of Objection to Claim by Burgess in Borough purely Municipal (y). To the Town Clerk of the Borough of {z). I HEREBY give you notice that I object to the name (a) of of , in the parish of (b), being retained on the parisli burgess lists of the borough of . Dated the day of , in the year . {Signature), of {c). (t) Or, — members. (?<) Or, — Ijorough. (w) See Form 1) in Part II. of eighth Schedule of Municipal Corporations Act, 1882. (w) Describe the house, warehouse, counting-house, shop, or other building then occupied by the claimant. (x) State the parish or several parishes, and the time during which the claimant has been rated in each of them within the borough, necessary for his qualification. (y) See Form (E) in Part II. of Schedule 8 of Municipal Corporations Act, 1882. (z) Or, — To Mr. ■ (the person olijected to). (a) Or, — your name. (b) Describe the person objected to as described in the parish burgess list. (c) State place of abode and the property for which he is said to be rated in the parish burgess lists. PRACTICAL FORMS. 381^ No. 94. Of Claim hij Liveryman in Citij of London (d). To the Secondaries of the City of London (e). I HEREBY give you notice, that I claim to have my name inserted in the list made by the clerk of the company of (/), of the livery- men of the said company (g), entitled to vote in the election of members for the City of London. Dated the day of , 18—. {Signature, place of ahode, and name of company.) No. 95. Of Ohjection to Parties inserted in tlie List of the Livery (//). To Mk. . I HEREBY give you notice, that I object to your name being retained in the list of persons entitled to vote, as freemen of the City of London, and liverymen of the company of , in the election of members for the said City. Dated the day of , 18 — . {Signature and place of ahode), on the list of voters of . No. 96. Of Ohjection to he given to the Secondaries of the City of London and to the Clerks of the respective Livery Com- panies (i). To the Secondaries of the City of London (e). I HEREBY give you notice, that I object to the name of {h) being retained in the list of persons entitled to vote, as freemen of the City of London, and liverymen of the company of , in the election of members for the said City. Dated this day of , 18 — . {Signature and place of ahode), on the list of voters of . {d) This is the notice to be given to the Secondaries of the City of Loudon, and to the clerks of the respective livery companies, according to Form No. 2, Schedule (C) of the Registration Act, 1843 (G Vict. c. 18). (e) Or, — To the clerk of the company of . (f) Or, (if the notice to the clerk)— made by you. (g) Or, (if to clerk) — of the liverymen of the company of . (h) See Form No. 4 in Schedule (C) of Kegislratiou Act, 1843 (6 & 7 Vict. c. 18). (i) See Form No. 5 in Schedule (C) of Registration Act, 1843 (G & 7 Vict. c. 18). (k) If the list contains two or more persons of the same name, the notice should distinguish the person objected to. 390 PRACTICAL FORMS. No. 97. Of Sale of a Copyright. To Messrs. [tlie Fuhlishers), of, &c., Booksellers and Publishers. I, THE undersigned (the purchaser), of, &c., Auctioneer, hereby give you and each of you notice that, by an indenture bearing date, &c., (the author), of, &c., Gentleman, as the sole author and proprietor of a work intituled " " (Z), has sold and assigned the copyright thereof, together with all the unsold copies of the present (the ) edition thereof, unto me, my executors, administrators, and assigns absolutely (m). Dated this day of , 18 — . (The Purchaser.) No. 98. Of Assignment of a Business and Booh Debts [n). (Place.) {Date.) SiK, — I BEG to give you notice that, by an instrument in writing, bearing date, &e., and made between, &c., (Jiere state imrties names and occujMtions, as in the instrument), the said (vendor) has agreed to give up to me the goodwill and full possession of the business lately carried on by him in Street, in this town (or other place), together with his stock, implements, utensils, and effects used in such trade, and all the trade [and other] debts due to him in respect thereof, and has by virtue of a power of attorney duly authorized me to receive the said debts. And I therefore give you further notice and request you [will have the goodness] to [call at the counting- house and] pay [or remit] me the sum of £ , appearing to be due from you to him, within days from this date, otherwise legal proceedings will be adopted (o) for the recovery thereof [without further notice]. I am. Sir, Yours, &c., To Mr. . (The Purchaser.) (I) Here insert the title of the work, or works if more than one, correctly. (m) If assigned by way of security only, omit the word " absolutely," and here add — by way of mortgage [for securing pounds and interest]. (n) As to the effect of n). To Me. {the obligor) (q), of, &c., Grocer. I, THE undersigned (the assignee), of, kc, Draper, hereby give you (r) NOTICE, that, by an indenture, bearing date, &c., and made, &;c., a certain bond or obligation, in writing, under your hand and seal (s), bearing date, &c., whereby you became bound (t) for yourself, and your heirs, executors, and administrators unto {the obligee), of, &c., maltster, in the penal sum of pounds, with a condition there- under written for making void the same on payment of the sura of pounds, with interest for the same after the rate of £ per centum per annum on the day of now last past {u), has, in consideration of pounds, been assigned by him, [the said {obligee)], to me, my executors, administrators, and assigns : And 1 therefore hereby give you (v) further notice to pay the said -[prin- cipal] sum of pounds, and all interest to become due upon or in respect thereof from the said day of last {the date of the assignment), to me, my executors, administrators, or assigns, or as 1, or they, shall direct. Dated this day of , 18 — {x). {The Assignee) No. 100. Of an Assignment of a Book Debt {p). To Me. {the Debtor), of, &c., Grocer. I, THE undersigned {assignee), of, &c., Draper, hereby give you NOTICE that, by an indenture bearing date, &c., and made, ^c, a certain debt or sum of money, amounting to [the sum of] pounds, due from you to the said {assignor) on simple contract, has {y) in con- sideration of pounds been assigned [and transferred] to me, my executors, administrators, and assigns. And I therefore give you further notice, &c. {as in the last form) {z). {p) See n. (n) on preceding page. {q) If more than one obligor, here insert the names and descriptions of them all. (r) And here say — you and each of you. (s) Oi\ — hands and seals. (t) Or, — if .several obligors, here insert the words — ^jointly and severally — bound for yourselves and your respective heirs, &c. (as above). (u) Or, — on a certain day now past. (y) If several obligors, say — you and each of you. (ic) This form can easily be made applicable to a mortgage or any other assigned security. (y) If it be desired not to show the exact consideration, here say — for the valu- able consideration therein expressed. (2) For forms of notice of assignment of accriung debts, and of the distinction between them and an order for the payment of money in respect of the duty and penalty ; see Ruck v. Robson, 3 Q. B. D. 686. 392 PRACTICAL FORMS. No. 101. Of an Assignment of a Policy of Life Assurance by luay of Mortgage. To the Secretary of " The Life Assurance Company," London (a). I, THE undersigned (the assignee), of, »fcc., Grocer, heeeby give you NOTICE that, by an indenture bearing even date herewith (h), (the assignor), of, &c.. Draper, has assigned to me, my executors, adminis- trators, and assigns, by way of mortgage (c), All his right and interest in and to a certain policy of assurance, numbered , and bearing date the day of , 18 — , and effected by him on his own life (d), with the' above-named company, in the sum of pounds, and in and to all bonuses and additions whatsoever thereto and thereon. And I give you further notice, therefore, not to pay any moneys due or payable, or to become payable upon or by virtue of the said policy, either to the said (assignor), his executors, or administrators, or to any person or persons other than to me, my executors, administrators, or assigns, or as I, or they, shall direct, during the continuance of my security as such mortgagee as aforesaid. Dated this day of , 18— (e). (The Assignee.) No. 102. A Short Form. To the Secretary of " The Life Assurance Company," London (a). I, THE undersigned (assignee), of, &c., Grocer, hereby give you NOTICE that, by an indenture bearing date, &c., (the assignor), of the same place, gentleman, has assigned to me, my executors, adminis- trators, and assigns, by way of mortgage. All his right and interest in and to a certain policy of assurance, numbered , and bearing date, &c., effected by (the assignor) with the above-named company, on his own life, in the sum of pounds, and also his right and interest in and to all bonuses and additions thereon and thereto. And I give you further notice not to pay any moneys now, or (a) This description should of course follow the name and place where the iwlicy was effected, as some offices have several places of business. (h) Or, — bearing date the day of last — or, of this instant month of . (c) Or, — for the general benefit of his creditors. (d) Or, — effected by A. B., on his own life, with the above-named company, in the stun of • pounds, and by the said A. B. assigned to the said {(xssi'jnur) ; and in and to all, &c. (as above). (e) A fee of 5s. is payable on the delivery of an acknowledgment in writing of the receipt of this notice (the Policies of Assurance Act, 18G7, s. 6). PE ACTIO AL FORMS. 39;^ hereafter to become, payable upon or by virtue of such policy, either to the said (assv/uor), his executors, or administrators, or to any person or persons whomsoever other than to me, my executors, administrators, or assigns, during the continuance of my st.-curity, as such mortgagee as aforesaid (/). Dated this day of , li=> — . {Tlie Assignee.) No. 103. Of an Absolute Assignment of a Policij of Life Assurance. I, THE undersigned {the assignee), of, &c.. Grocer, hereby give you NOTICE that, by an indenture bearing even date herewith, {the assured) [heretofore, of, &c., but now] of, &c.. Draper, has [for the valuable consideration therein expressed] assigned and transferred absolutely unto me, the said {assignee), my executors, administrators, and assigns, all his right, title, and interest in and to a certain in- strument or policy of assurance, bearing date, &c., and numbered , whereby the Assurance Company did assure unto the said {assured) the sum of pounds, to be paid to the execu- tors, administrators, or assigns of the said {assured), calendar months next after proof of his decease, on payment of the annual premium [or sum] of pounds in the meantime. And I give YOU FURTHER NOTICE, that the said policy of assurance, and all bonuses and additions thereto and thereon, and all other beneht and advantage whatsoever to be had and derived therefrom, are now vested in (v) and become the absolute property of me the said {assignee) [subject only to the payment of the said premium and to the ternis and conditions of the said policy] (/). Dated this day of , 18 — . {The Assignee.) To the Secretary of The Assurance Company {or, as the case may he) {h). No. 1U4. A Shorter Form. I, the undersigned {the assignee), of, &c., Gentleman, hereby give YOU notice, that by an indenture, bearing date, &c., {the assured), formerly of, &c., but now of, &c., Gentleman, for the valuable consideration therein expressed, has assigned to me, my executors, administrators, and assigns, a policy of assurance, bearing date, A:c., and numbered , whereby the Assurance Society assured the sum of pounds, to be paid to the executors, administrators, (/) See n. (e) on preceding page. (^) Or, shorter — and now belongs absolutely to me. Qi) See n. (a) oa precediug page. 394 PRACTICAL FORMS. or assigns of the said {assured), calendar months next after [proof of] his decease, on payment of the annual premium or sum of pounds in the meantime. And that the said policy and all benefits and advantages whatsoever to be derived therefrom, are now vested absolutely in me [subject to the payment of the said premium, and to the terms and conditions of the said policy]. Dated this day of , 18 — . {The Assignee.) To the Secretary of The Assurance Company {or, as the case may he). No. 105. Of Assignment of an Annuity. {By the Assignor.) I, THE undersigned {the assignor), do hereby give you notice, that, by a certain indenture of assignment, bearing date, &:c., and made between, &c., I [the said {assignor)^^ have for the valuable con- siderations therein mentioned sold and assigned to {the assignee), of, &c.. Draper, his executors, administrators, and assigns. All that annuity or clear yearly sum of pounds, granted in and by a certain indenture, bearing date, &c, made, &c. {i). And also all my right, title, beneficial interest, claim and demand whatsoever, of, in and to, the same : Together with all arrears of the said annuity then due and payable : To hold the said annuity, moneys, and pre- mises unto the said {assignee), his executors, administrators, and assigns, absolutely for his and their own use and benefit (/). And I [the said {assignor)'] have also, by the said indenture of assignment, appointed the said {assignee), bis executors, administrators, and assigns {h), to be the attorney and attorneys for me, my execu- tors, and administrators, to recover and receive the said annuity, moneys, and premises ; And on receipt thereof, or any part thereof, to give and deliver good and sufficient releases, acquittances, and other discharges for the same ; And on nonpayment thereof, to take and use all lawful remedies, and means for recovery thereof. And I GIVE YOU further NOTICE and require you henceforth to pay the said annuity, moneys, and premises, or cause the same to be paid, unto the said {assignee), his executors, administrators, or assigns, for (/) Or, — by the last will and testament of A. B,, late of, &c., Gentleman, deceased, bearing date, &c., given and bequeathed absolutely to me [the said (- .s.s/(/;a>/)], &c. {as above). (./) Or, — if by way of mortgage — for securing — or, better securing the repayment of the sum of pounds [this day] advanced and lent by him to me, and the interest thereof, according to the tenor of a bond — or, agreement bearing date, &c. — or, even date herewith — given by me for the same. And also all such other sum and sums of money, not exceeding, in the whole, the sum of pounds, as shall hereafter be due and owing from me to him, with interest for same after the rate of per centum per annum, clear of all deductions whatsoever. (k) Or, sltorter — him and them. PRACTICAL FORMS. 395 his and tlieir own use and benefit, or as he or they shall, from time to time, by anv writing under his or their hand or hands, direct or appoint, [and 'to no other person or persons upon any account or under any pretence or pretext whatsoever] (?). Dated this day of , 18 — . ^, . . {The Assignor.) To Mr. (the imrty iMyimj). No. 106. Of Withdrawal of Claim for a Life Policy. {By a Mortgagee or Assignee.) To the Secretary of " The Life Assurance Company " {m), London. I {n) HEREBY GIVE YOU NOTICE that I have now no charge or claim whatever (o) upon the policy numbered , and dated the clay of , 18—, effected by {the assured) with the above- named company, on his own life (j>), in the sum of ^1^°^^ [on payment of the annual premium of £ {q)\ And I there- fore hereby withdraw the notice served upon you on the day of , 18—, of the claim I then had on the said policy ; such claim having been fully satisfied. Dated this day of , IS — . {Signature.) No. 107. Of an Equitable Charge by ivay of Mortgage. {Second Mortgagee to First Mortgagee.) To Me. {the first mortgagee), of, &c.. Grocer. Take notice that, by an agreement, dated, &c., {ihe mortgagor), of, fcc, Draper, did agree to charge (r), by way of mortgage (s), Q) Or, if by way of mortgage, say— untU you shaU have received further notice from me. • (m) See n. (a) to Form No. 101, s>'pra. {n) Or, if given by an agent— on behalf of {the mortgagee— or, assig7iee)— of, &c., gentleman. •. o. / Or,— on behalf of " The Banking Company " at B., I hereby, &c. (,as above). j *. i, (o) 0/-,— that my claim on the policy numbered , dated, &c., effected, &c., has been fully satisfied. Ay\) I therefore, &c. {omitting the last six words). (^p) Or,— on the life of A. B.—or, if by a spinster afterwards married, here add- in her then maiden name of A. D. • i • r i (q) The words within brackets may be omitted ; but they help to identily the policy. {r) If so — with other property. (s) Or, — by way of equitable mortgage^'^--, collateral security. 396 PMACTICAL FOE MS. All that his right [benefit] and equity of redemption of in and to his freehold (t) estate called " ," situate, &c., and in the occupation of A. R, as tenant, and now in mortgage to you, — with the repayment of the sura of pounds lent and advanced by me (ii) to him, together with interest thereon after the rate of per -cent, per annum. Dated this day of , 18 — . (The Second Mortgagee) {x). No. 108. To Persons attending an Auction of tlie Consequences of purchasing the Property offered for Sale (y). Wheeeas a freehold {z) dwelling-house, with the outbuildings and garden thereunto belonging, situate at, &c., and in the occupa- tion of A. B. [at the annual rent of £ ], is advertised to be sold [as Lot ] by auction [by Messrs. C. & D.], by, or by the direction of [the intended vendor), of, &c,, maltster, at the Hotel, in D. aforesaid, on , the day of , 18 — . Now the said [intended vendor) and all i persons attending such auction, are hereby warned, charged [and affected] with express notice that the said {intended vendor) has no authority whatever, either as mortgagee or otherwise, for selling the said dwelling-house (a) and premises, or for offering the same for sale ; And that whoever shall attempt to purchase the same (h) in defiance of this notice, will be made a party to proceedings in the Chancery Division of the High Court of Justice, which will be immediately instituted for an injunction [to restrain such sale], and will be liable to the costs thereof. Dated this day of , 18 — . {The True Otvner.) {t) Or, — leasehold— o?', copyhold. («) Tf the notice be given by a solicitor or agent, instead of the words hy me, substitute — by {the mortgagee) of, &c., draper, to him, &c. (flc) If the notice is signed by a solicitor or agent, add : solicitor — or, agent of . {y) This notice should be affixed conspicuously on the property proposed tu be offered for sale, — on the outside of the place wherein the auction is to be held, as well as in the auction room, — and a copy should be served on the auctioneer — the intended vendor — and his solicitor. (2) Or, lifehold cottages and gardens situate, &c., in the occupation, &c., at the respective rents of Ji and £ {ajid if so) together with a policy of £ in the office {giving the descrijJtion of the property from the particulars of sale). {a) Or, — cottages and premises, or any or either of them. (J)) Or, — any or either of them. PBACTICAL FORMS. 397 No. 109. Bij Vendor to Purchaser to comjjlete a Purchase, 2^'i^epara- tory to commencing an Action for Specific Performance of a Contract (c). To Mk. {the lyurcliaser), of, &c., Draper. Whereas in or about the mouth of , 18 — , I agreed to sell {d), and you agreed to purchase, by private contract. All that farm (e), called or known by the name of " ," situate, &c., and now partly in the occupation of A. B., and partly in my own occupation (/), at [or for] the price of pounds {g) ; which sum was to be paid in such manner and on such terms tind conditions as are stated in the memorandum next hereinafter mentioned (Ji). And whereas such agreement was reduced into writing and was duly signed by us (i) [on the day of the date thereof, namely], on the day of the said month of , one thousand eio-'ht hundred and , and the same was in the words and figures following : — \]iere set out verbatim a copy of the contract] Ck). And whereas you, in pursuance of such agreement paid me (I) the sum of pounds as a deposit on, and in part payment of, the said purchase money ; but have not since jjaid any further portion thereof. And whereas there is still due to me, as the remainder of the said purchase money, the sum of pounds (m). And whereas the title to the said hereditaments and premises, (c) This form may be very much curtailed in practice by omitting such clauses as are not actually necessary under the circumstances. (d) Or, — Whereas on the day of last, you purchased at a public auction, held at D. in the county of H. — or, at Garraway's in the City of London (07; as the case may he). (e) Or, — all that dwelling-house, with the outbuildings and garden thereunto belonging, situate at, &c., and now in the occupation of A. B. (or, as the case may be). (/) If sold as a lot, here add — being lot ■ . (g) Or, — subject to the conditions of such sale (if so) then and there read (or, as the case may be). (h) If the sale was by auction the next clause must be omitted. (i) Or, — by me and you the said (imrchaser), (^•) If part of the property be let to yearly tenants and the other part be un- occupied or in the hands of the vendor, the following clause may be added — And WHEREAS the cottages on the said farm are now let to yearly (or other) tenants, who are willing to attorn and pay their rents as I shall direct, and a cottage called "Butt's Cottage" with the garden thereto (or other part) is, at present unoccupied — or, a close called " Close " in my own occupation. (/) Or, — the auctioneer. (m) If any abatement or allowance is to be made out of the purchase money, here insert the following clause when applicable — And whereas, you having required to be allowed to deduct out of the residue of the said purchase-money the sum of pounds, being the amount, as estimated by your own surveyor, of certain dilapidations alleged to have taken place on the said premises since the date of the said agreement, I am willing and hereby offer to allow you to deduct that sum accordingly, leaving the sum of pounds due to me from you in respect of the said purchase. 398 PRACTICAL FOIiMS. as shown by me, has been long since approved on your behalf, and repeated applications have been made by me, and on my behalf, to you to complete the said purchase and accept the possession of the said hereditaments and premises, but without effect. Now I hekeby GIVE YOU NOTICE that I am ready and willing, and hereby offer {n) to deliver up to you the possession of the said hereditaments and premises and the title-deeds relating thereto ; And also to execute all such conveyances or assurances thereof, and to do, and procure to be done all such acts and things as may be deemed necessary by you, or on your behalf (o), for effectually vesting the fee simple and inheritance of the said farm and premises in you, or in such person or persons as you may direct, whenever such conveyances or assur- ances, having been first approved by my counsel or solicitor on my behalf, may be tendered to me for that purpose, or such acts shall be required to be done, on being paid the residue of the said purchase money after making such deduction thereout as aforesaid. And I HEREBY GIVE YOU FURTHER NOTICE that, uulcss you comply with the terms of this notice within days from the date hereof {'p), I shall, without further warning or delay, take such steps against you [either] for enforcing specific performance of the said agreement [or for damages in respect of the breach thereof] as I may be advised. Dated this day of , 18 — . {The Vendor.) No. 110. Of Change of Sarnamt (tj). I, A. B. (r), heretofore called and known by the name of K. D., late of, &c., but now of,&c., Grocer, do hereby give public notice that, on the day of this present month of (s), I did, for and on behalf of myself and my heirs lawfully begotten, formally, wholly, absolutely [and utterly] renounce, relinquish, and abandon {t) the use of ray said surname of D., and then assumed and adopted and determined thenceforth in all records, deeds, documents, and writings, (?i) If so, — to procure the tenant of the said cottage and garden to attorn and pay his rent for the same to you; And ALi>o, Sec. (cis aboiui). {()) If sold by auction, here add — according to the said conditions of sale. {p) Or, other period. (7) A change of name is usually evidenced by notice by advertisement of the inrolment of a deed poll to that effect in the Central Office ; but if other conditions are required by a will, settlement, &c., these must be complied with. For a form of deed poll, see ante, p. 224. (r) The name assumed. (s) Add (if so) — in compliance with the will, dated the day of , 18—, of , of, &c., deceased, proved in the registry of the Probate Division of the High Court of Justice. (<) h the .surname is not in substitution of, but in addition to, the present name, the wording must be altered accordingly. Fit AC TIC AL FORMS. £99 — in all actions, suits, and proceedings, — in all dealings, transactions, matters, and things, — and upon all other occasions whatsoever, — to use and subscribe the name of " A. B." (w) instead of the said name A. D., and, so as that I and my heirs, lawfully begotten, might, at all times thereafter, be called, known, and distinguished by the said name of A. B., and of A. B. only. And I give further notice that, by a deed poll, bearing date on the said day of instant, duly executed, and attested and acknowledged, and inrolled in the Central Office of the Supreme Court of Judicature on the day of the said month of ,1 formally, wholly, absolutely, and utterly renounced, relinquished, and abandoned the said surname of " D.," and declared that I had assumed, adopted, determined, and intended thenceforth, upon all occasions whatsoever, to use and subscribe myself by the name of A. B, instead of A. D. ; and so as to be, at all times thereafter, called, known, described, and distinguished by the name of A. B. exclusively. Dated, &c. {Signature) A. B., late A. D. No. 111. To Poor Law Guardians of the readiness of a Husband to Support his deserting Wife and Children on her return- ing, with them, to Cohabitation (x). To the Guardians and Overseers of the Poor of the Parish of L., in the County of C. I, THE undersigned {husband), belonging to and residing at , in the parish of D., in the county of C, Dealer, hereby give you NOTICE that I am willing, ready, and able, — and I hereby offer to maintain and clothe my wife and children, named {stating the names), at my own expense, on her returning, with them, to cohabi- tation with me ; and that, in default of their so returning forthwith, I shall no longer hold myself responsible for their maintenance and clothing. And I give you further notice and require you not to pay them, or any or either of them, or to any person for them, or any or either of "them, any money on my account, for their or any or either of their maintenance or clothing, or on any other account whatsoever. Dated this day of , 189 — . {The Husband.) {u) The name assumed. (a;) Under the Poor Law Acts the guardians of any parish can compel a husband to support his wife, not an adultress, and his children chargeable to his proper parish ; but he has a right to insist upon his wife (with the children which she harbours from him) returning to cohabitation when he is willing and able to support them. 400 PRACTICAL FORMS. PART XXXVIII.— PETITIONS. Xo. 1. Li Bankrujptcy hy Debtor {y). In the High Court of Justice (z). In Bankruptcy. No. of 18—. Re {debtor). Ex parte {debtor). I^ (a), having for the greater part of the past six months resided at ■ (&), within the district of the Court (c), and being unable to pay my debts, hereby petition the Court that a receiving order be made in respect of my estate {d). Dated the day of , 18 — . {Signature.) Signed by the debtor in my presence. {Signature of witness.) Filed the dav of , 18- {Address and description.) No. 2. In Bankruptcy hy Creditor {e). In the, &c. {as in the preceding form). Ex parte {the creditor). I, C. D., of (/), hereby petition the Court that a receiving order be made in respect of the estate of {g). 1. That the said A. B. has for the greater part of six months next preceding the presentation of this petition resided at (&), within the district of this Court (c). (y) See No. 4 of Bankruptcy Forms, 1886. Every bankruptcy petition requires a £5 stamp (see scale of fees under the Bankruptcy Act, 1883). For the preparation of the petition, see Bankruptcy Rules, 1886, No. 125 ; and as to the address for service of the solicitor suing out the petition, ib. No. 79. As to proceedings by or against a firm in the partnership name, Bankruptcy Act, 1883, s. 115. (2) Or, — in the county court of , holden at . (a) Name, address, and description of debtor. If the debtor resides at a place other than his place of business, both addresses should be inserted. (&) Or, — carried on business at . (c) Or, as the case may be, following the terms of s. 95 of the Bankruptcy Act, 1883. (d) Add (if so)— and that I may be adjudged bankrupt. (e) See No. 10 of Haidvruptcy Forms, 1S8G. Stamp £5. (/) Or,— we, C. D., of , and E. F., of . Ig) Insert name, address, and description of debtor. If the debtor resides at any place other than the place where he carries on business, both addresses should be inserted. PRACTICAL FORMS. 401 2. That the said A. B. is justly and truly indebted to rae {i) in the sum of £ ij). 3. That I {h) do not, nor does any person on my (/) behalf, hoM any security on the said debtor's estate, or on any part thereof, for the payment of the said sum {m). 4. That A. B., within three months before the date of the presen- tation of this petition, has committed the following act {n) of bankruptcy, namely (o). {Signature?} Signed by the petitioner in my presence {p). {Signature of icitness.) {Address and description) {q). No. 3. Bi/ Creditor for Administration in Bcuikruptcij of Estate of Deceased Debtor (r). In the, tVc. (see preceding form). Ex parte {see preceding form) {s) . I, C. D., of {t), hereby petition the Court that an order be made (i) Or, — us in the aggregate. (y) Set out amouut of debt or debts and the consideration. (AO Or,— we. (I) Or, — our. {7n) Or, — That I hold security for the payment oi—or, part of— the said sum, and I estimate the value of such security at the sum of £ , vr, but I will give up such security for the benefit of the creditors of A. B., in the event of his being adjudged bankrupt. Or, — That I, C. D., one of your petitioners, hold security for the payment of, &c. That I, E. F., another of your petitioners, hold security for the payment of, &c. (vi) Or,— acts. (o) Set out the act, or separately the acts, of bankruptcy. {p) If there be more than one petitioner and they do not sign together, the sig- nature of each must be separately attested, ejj. signed by the petitioner, E. F., in my presence. If the petition be siuned by a tirm, the partner signing should add also his own signature, e.g. A. S. & Co., by J. S., a partner in the said firm. {q) '\!\\e indorsement ow the petition is as follows : — This petition having been presented to the Court on the day of , 18 — , it is ordered that this petition shall be heard at on the • day of , 18—, at o'clock in the noon. And you, the said A. B., are to take notice that if you intend to dispute the truth of any of the statements contained in the petition, you must file with the registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and send by post a copy of the notice to the petitioner [three] days before the date fixed for the hearing. (r) Under s. 125 of the Bankruptcy Act, 1883; see No. 11 of the Bankruptcy forms, 1886. For the procedure in respect of the petition, see Bankruptcy Rules, 1886, Nos. 200, 201, 202. The stamp on the petition is £5. For the aflidavits in support, see ante, Part II., Forms Nos. 10 and 12. (s) C. D., a creditor, or the official receiver or the trustee. {t) Or,— -we, C. D., of , and E. F., of . 2 D 402 PBAGTIGAL FORMS. fortlie administration in bankruptcy of the estate of the late (w), who died on the — — day of , 18 — , and say : — 1. That the said A. B., for the greater part of the six months next preceding his decease, resided {v) at , within the district of this Court {w). 2. That the estate of the said A. B. is justly and truly indebted to me {x) in the sum of £ {y). 3. That 1 (z) do not, nor does any person on my (a) behalf, hold any security on the said deceased debtor's estate, or any part thereof, &c. (h). 4. That A. B., within three months next before the said date of his decease, committed tlie following act (c) of bankruptcy, namely [set out the act (d) of bankruptcy] (e). (Signature.) Signed by the petitioner, in my presence (/), {Signature of witness.) {Address and description) {g). No. 4. For obtaining a Licence for a Queen^s Counsel to defend a Prisoner (h). To Her Majesty's Secretary of State for the Home Department. The humble Petition of (tJie prisoner), of, &c.. Grocer — Sheweth, (iC) Insert name and description of deceased debtor. (v) Or, — carried on business. {iv) Or, as the case may be, following the terms of s. 95 of the Bankruptcj' Act, 1883. (x) Or, — us in the aggregate. (?/) Set out amount of debt or debts and the consideration. (z) Or, — we. (a) Or, — our. (6) Here follow the creditor's petition : see preceding form. (c) Or, — acts. {d) Or, — separately the acts. (e) Or, — Tliat the will of the said A. B. (or, as the case may be) was on the day of , 18 — , proved by J. S., of , and G. H., of , who consent to this petition. Or, — That letters of administration {or, as the case may be) were on the day of , 18—, granted to J. S., of , and G. H., of , and that the estate of the said A. B. is [according to my information and belief] insufficient to pay his debts. (/) See n. {p) to preceding form. (f/) The indorsement on this petition is as follows : — This petition having been presented to the Court on the day of , 18 — , it is ordered that this petition shall be heard at on the day of , 18 — , at o'clock in the noon. If you, the said J. S. or G. H., intend to dispute the matter of any of the state- ments contained in the petition, you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same. (A) For the mode of applying to the Home Office for this royal licence, see Law Times, May 5, 1877, p. 7. PBAGTICAL FORMS. 403 That your Petitioner {i) stands charged with {j) felony [h), and is committed for trial at the next sessions to be holden for the juris- diction of the Central Criminal Court {I). That your Petitioner is desirous of having the assistance of IMr. {the counsel desired), one of Her Majesty's counsel learned in the law, in his defence. Your Petitioner therefore humbly prays that the necessary certificate or other document may issue to enable the said Mr. to appear and plead to the said charge : And Your Petitioner, as in duty bound, will ever pray, &c. {Signature) (m). No. 5. B^ the Widoiv of a Bastard,ivho dies Intestate, fo?' the Portion of his Estate ivhich devolves to the Croivn{n). To the Eight Honourable the Lords Commissioners of Her Majesty's Treasury. The humble Petition of M. L., the widow of W. L., late of, &c., Grocer, deceased — Sheweth, That the said W. L. was an illegitimate son of J. L., late of, t^'c, Grocer, and was baptized and registered in the parish of H. aforesaid, as " base-born." That he died in the month of , in the present (o) year, IS — , intestate, leaving behind him your petitioner, his lawful relict, but no child, and, consequently, no lawful kindred, although lie left a natural brother and a natural sister, who are also illegitimate children of the said J. L. That the said W. L., at the time of his death, was possessed of or entitled to a freehold me^^suage and garden (A;) of the value of £ . or thereabouts, and he was also possessed of or entitled to personal estate and effects which, after the payment of his debts, funeral and testamentary expenses, your petitioner estimates will nut realize more than £ . TJiat the personal property left by the deceased was acquired by («) The petition may be signed by the solicitor for the petitioner, am!, if so signed, instead of your petitioner substitute — That stands, &c., and that the said is desirous, &c. (./ ) Or, — indicated for. {k) Or, as tlie case may be. (/) Or, — at the Assizes — or. General Quarter Sessions of the Peace —to be holden in and for the county of H., holden at , in the said county. (m) If by the solicitor, hero add — solicitor for the above-named petitioner. (n) See 59 Geo. 3, c. 94. (o) Or, — last — as the case may be. 404 PRACTICAL FORM IS. the joint labours and exertions of the deceased and your petitioner continued during several years (^). That your petitioner has been advised that, as the widow and relict of the said deceased, she is entitled to one-third of the rent of the said freehold messuage and garden, and to one moiety of the said personal estate and effects, and no more. That your petitioner is years of age ; and, by reason of ill- health [q), is quite incapable of maintaining herself by her own industry, and her proportion of the deceased's estate and effects will be inadequate for her maintenance. Tliat your petitioner has no relations from whom she can expect any assistance towards her support, and the illegitimate brothers of the deceased, instead of rendering her any assistance, since the death of the deceased, continue to vex and annoy her, and have put her to expense by opposing her claim to letters of administration by liti- gious proceedings which are still pending. Your Petitioner, therefore, humbly prays, that your Lordships will take the circumstances into con- sideration, and grant her such proportion of the deceased's estate and effects which devolves to the Crown, as to your Lordships may seem to be meet. And your Petitioner will ever pray, &c. PART XXXIX.— POWERS OF ATTORNEY (r). No. 1. For tise in Foreign Countries (s). Know all men h// these presents, That I, H. H., of W., in the county of D. (t), Gentleman, by these presents, Do make, constitute, (p) Or, :is the case may be. ((/) Or, — bodily infirmities — or other cause. (r) Powers, or letters of attorney, differ so much in form that only two or three can be introduced here, mainly to show their use in transacting business abroad. If intended to be used in France, Belgium , and neighbouring states, they are usually sio-ned in the presence of, and attested by, two witnesses, one being a notary public si<^nifying it under his hand and othcial seal. But in the case of other foreign countries a statutory declaration before a justice of the jteace or a notary of the exe- cution by the other attesting witness is necessary and must be similarly authenticated by the notarial seal. In the case of powers executed in a foreign country for use at home, the seal or signature of the officer verifying the deposition of the witness must also be verified : Re Davis, L. K. 8 Eq. 98 ; but this further authentication is not required in the case of powers issued from the Chancery Paymaster's office and executed in a British colony before a notary public or other officer authorized to administer oaths. The usefulness of these instruments in England has been much extended by the Conveyancing Act, 1881, ss. 40 (married women), 46 (mode of execution of any assurance by donee of power), 47 (payment by attorney under power without notice of death, &c., good), 48 (deposit of original power in central office), and by the Act of 1882, ss. 8 (effect of power, for value, made absolutely irrevocable), and 'J (effect of power, for value or not, made irrevocable for fixed time). As to stamps, see letters or power of attorney in schedule to Stamp Act, 1891. (s) Stamp 10s. (t) If to be used out of the kingdom, here add — and kingdom of England. PRACTICAL FOB MS. 405 and appoint G. G., of, &c. (u), Gentleman, his executors and adminis- trators, my true and lawful attorney and attorneys, with full power and authority for me and in my name, or otlierwise as the case may require, and for my use, to sell and dispose of. All or any of the messuap:es, lands, hereditaments, property, estate and effects of and belonginp: to me, situate at N. aforesaid, or elsewhere [in the said county (x)], at such time or times, and in such manner as he or they, my said attorney and attorneys, shall be advised or shall consider expedient and most for my advantage ; xVnd also for me, and in my name, and as my act and deed, and for my use, to sign, seal, execute, and deliver all such conveyances and assurances thereof, and to do all acts, matters and things whatsoever, as may be necessary for the purpose of effectuating such sale or sales as aforesaid, and otherwise in or about the premises ; xVnd also for me, and in my name and lor my use, to receive the purchase moneys for the same respectively, and to give and execute the necessary receipts, acquittances and discharges for the same respectively ; And" also for me and in my name, and tor my use, to ask, claim, demand, and receive of and from all person or persons whom it doth, shall, or may concern, all and every the rents, legacies, debts, sum and sums of money, property, or effects what- soever that now are, or shall or may be or become due and owing or shall belong to me from any person or persons whomsoever [in the kingdom aforesaid] ; x\nd on receipt thereof, or any part thereof, for me and in my name, to give, sign, and execute good and proper re- leases, acquittances, or other sufficient discharges for the same, or for such part or parts thereof respectively as shall be received by him or them ; And on non-payment or non-delivery of the same, or any [)art thereof, for me and in my name, or his or their own name or names, to adopt, commence, and prosecute all such actions, suits, and other proceedings whatsoever for the recovering thereof, as he or they shall consider expedient or be advised ; And generally, to sign, seal, and execute all such other deeds, conveyances, assurances, papers, documents, vouchers and writings, and to make, do, perform, and transact all such other acts, matters, and things whatsoever, as shall or may be considered necessary or proper, touching, relating, or concerning the said business and affairs of me, the said H. H., in the said county of D. {x), or else- where, in all respects, and to all intents and purposes whatsoever as effectually as I could do the same if I were personally present, And with full power for my said attorney or attorneys, tor all or any of the purposes aforesaid, to substitute oue or more attorney or attorneys under him or them, and such substitutions, at pleasure, to revoke. And all and whatsoever my said attorney or attorneys for the time being acting under [or, by virtue of] these presents, shall lawfully do or cause to be done in the premises, by virtue hereof, I, (m) Of N., in the republic of France— o/-, of B., in the kingdom of Spain—"/ . of Quebec, in the Dominion of Canada (or, as the case may be), (j;) 0/',— republic of France— t^/-, kingdom of Spain. 406 PRACTICAL FORMS. the said H. H., hereby for myself, my heirs, executors and adminis- trators, agree to ratify, allow and confirm (?/). In witness, &c. {Signature.) No. % Statutory Declaration of the due Execution of the foregoing Power of Atto7mey (z). I, {the declarant), of D., in the county of K., and in the United Kingdom of Great Britain and Ireland, Merchant, do solemnly and sincerely declare, that {the constituent), the person {a) named in the power of attorney hereunto annexed, and marked with the letter A given to {the attorney) (h) dated the day of last, did on the day of — ■■ — last (c) sign and seal, and as his act and deed {d) in due form of law deliver the said power of attorney in the presence of {the other attesting ivitness) and of me this deponent ; And that the name " " (e), set and subscribed to the said power of attorney as the party executing the same, is of the proper handwriting (/) of the said {constituent) ; And that the names " " and " " (e), set and subscribed tiiereto as witnesses, attesting the due execution of the said power of attorney by tiie {constituent), are of the respective proper handwriting of the said (the other witness) and of me this deponent. And I make, &c. {as in Part XXL, Form No. 4, p. 188). {The Declarant.) No. 3. The Mayoi's Jurat thereto. [Usually subjoined to the Declaration. \ To ALL TO WHOM these presents shall come, I {the mayor), mayor of the city of B. {g), do hereby certify that, on the day of the date hereof personally appeared before me {the declarant), of, &c., (y) And, if desired, add : And I declare that these presents shall be irrevocable for one year [or, — months not exceeding twelve] from the date thereof. (z) This declaration can be made before the mayor, a notary, or a justice of the peace. It requires no stamp. (-ft) Or, — A. B. and C. D., the persons. Their descriptions need not be added. (b) Ur,— to Messieurs A. B. and Company. (c) Or, — instant. (d) Or,— their respective acts and deeds. (e) The names us si^iu d. (y-) ()r^ — are of the respective proper handwriting of the said (coyintituents). ((/) Or, — of the town and county [and borough] of B., in the United Kingdom of Great Britain and Ireland, and also one of Her Majesty's Justices of the Peace for the said city — or, town and county [and borough]. PRACTICAL FORMS. 407 Merchant, the dechiraut named in the foregoing declaration (Ji), being a person well known, of good repute, and worthy of good credit, and did solemnly and sincerely declare the contents of -the said declaration (^) to be true. In true faith and testimony whereof I, the said mayor, have {k) hereunto annexed the said power of attorney /^ ^ and affixed the seal of office of mayor of the city of ( Seal j B., this day of , 18—. ^\ y No. 4. Notary's Certificate (I). I {the notary), of the city of B. (m), notary public, by royal authority duly admitted and sworn, do hereby certify and attest to all whom it may concern, that (tJie declarant), the person named in the declara- tion or paper-writing hereunto annexed (n), did duly subscribe his name to, and did solemnly and, in due form of law, declare the truth thereof before me (o) on the day of the date thereof; And that the name " " (j)), set and subscribed to the attestation at the foot of the said declaration (q), is of the proper handwriting of the said (mayor) (r) ; And that the said (mayor) (s) was, at the same time, such mayor (s) as aforesaid, and therefore full faith and credit ought to be given thereto in judicature, and thereout. And I also certify that the said power of attorney was duly signed and sealed (t) by the said (constituent) whose name appears opposite the (A) Or, if annexed — hereunto annexed — or, if on the otljcr side — appearing on the other side of this sheet of paper. (i) Or, — the several matters and things mentioned — or, contained in the said declaration to he true. In some countries an affidavit is still required. In such cases, and when a mayor administers the oath instead of the words relating to the declara- tion — alter " merchant," substitute, — and was sworn to the truth of the foregoing deposition upon the Holy Evangelists of Almighty God, and that he subscribed the same in my presence the day of , in the year of our Lord, 18 — . (A-) Or, — have caused the seal of office of, &c., to be hereupon impressed — or, here- unto affixed. (I) Stamp Is. For another form, see ante, I'art XVIL, Form No. 1, p. 151. (m) Or, — of the office of the mayoralty, of the said city of London — or, Bristol. (ji) Or, — appearing on the other side of this sheet of paper. (o) Or, — before A. B., Esquire, the mayor of the city — "/•, town and county — o/; town and borough — or, one of the justices of the peace in and for the borough of B. aforesaid. (p) The name exactly as signed. (q) Or, — affidavit. (r) Or, — magistrate. It it be an aflidavit and not a declaration, here substitute — by whom the oath was this day administered, in due form of law, to the deponent in the said affidavit named, who signed the same. (s) Or, — justice of the peace. (t) Or, — duly executed. 408 PRACTICAL FORMS. seal thereto («). All which matters and things, an act being required of me, I have granted, under my hand and notarial [form] and seal of office this day of , 18 — , {The Notary.) (L. s.) No. 5. Merchants' Certificate. We, the undersigned merchants, residing at the city of B. {x), in England, do hereby certify and attest to all whom it may concern. That {the notary), who hath signed and passed the foregoing certifi- cate, is a notary tabellion public, duly admitted and sworn, dwelling and practising in the city of B. {x) aforesaid, faithful and lawful of trust, and to all acts, writings and other documents by him signed and passed, full faith and credit ought to be given in judicature, and thereout. In witness wliereof we have hereunto subscribed our names, this day of , 18 — . Witness. {Signatures of four 3Ierehants.\ A. B., Bristol, England, Solicitor. No. G. For receiving a Legacy Abroad. To ALL TO WHOM these presents shall come {y), greeting : Where- as {the constituent) (whose maiden name was " Jones "), now the wife of T. B., of, &c.. Draper, on the day of , 18 — , appeared before A. B., of W., in the county of , notary public, and declared that her father, J. J., formerly residing at No. , Eue St. Jean, Bordeaux, in the Eepublic of France, died on or about the day of , in the year 18 — , leaving to her by his last will and testament, bearing date on or about the day of , 18 — , as sbe is informed, the sura of— — francs, or thereabouts; And whereas she, the said {constituent), is desirous of recovering and receiving the said legacy, and any other moneys, property, and effects, which may be due and payable unto her by and from the estate of her said late father. Now these presents witness, that she the said {constituent), with the consent and approbation of her said husband [the said T. B.], {u) For the subsequent words of this form the followin,^ may be substituted : — In testimony whereof I have hereunto subscribed my name and afllxed my seal of office — ur, notarial seal — this day of , 18 — . (77(6 Nulary''s aujiiature and seal.) (i,. a.) Notary Public, at B. (a;) Or, — in the city — or, at the town and borough of B. (?/) This power was piejiaretl by bankers, and is introduced here, rather to show the nature and diction of powers for use abroad, than as a precedent. PRACTICAL FORMS. 409 (testified by his executing these presents with her), Doth hereby make, ordain, constitute and appoint Messrs. T. cl' Co., of Bordeaux, aforesaid, bankers, and each of them, to be her true and lawful attorneys and attorney, Giving and hereby granting unto them and each of them her said attorneys, jointly as well as separately, full power and lawful and absolute authority for her the said {constituent), and in her name, or otherwise, as the case may require, to ask, demand, claim, recover and receive of and from the heirs, executors, or administrators of her late father, the said J. J., or of and from any other person or persons whom it doth, shall, or may concern, the payment of the said sum of francs, or any other sum or sums of money, property, or effects, to which she may be entitled in her capacity aforesaid. And for all that shall be recovered and received in the premises for her the said {constituent), and in her name on recovery and receipt thereof, to sign, execute, and give good and sufficient dis- charges for the same; And on non-payment and non-delivery thereof, to use and take all lawful means for the recovery and receipt thereof, and the same to prosecute to final issue, and to sign, seal, and execute all papers, writings and documents necessary in that behalf; And generally for the said attorneys to do, perform, and execute all and whatsoever shall be expedient and necessary for effectuating the premises as fully and effectually, to all intents and purposes, as the said {constituent) might or could do if personally present, and did the same [even although more simple and special power should be required than is hereby given and granted, but which she would have understood as fully inserted herein]. And with full power for her said attorneys to substitute one or more attorney or attorneys under them or either of them, and the same again to revoke, she hereby promising to ratify, confirm, and hold as good and valid, all and whatsoever her said attorneys, or either of them, their or either of their substitute or substitutes, shall lawfully do or cause to be done in and about tlie premises by virtue hereof; In witness whereof she the said {constituent) hath hereunto set her hand and seal, and her said husband hath hereuuto set his hand and seal, as consenting hereto, the day, month, and year first hereinbefore written {£). Witnesses. {Two ivitnesses.) {Constituent.) (l. s.) {Husband.) (l. s.) No. 7. For the General Management and Sale of Property Abroad. Know all men, by these presents, that I {the constituent), of, &c.. Grocer, have made, constituted and appointed {the attorney), of, &c., (2) The notarial forms, Nos. 2, 3, 4, and 5, supra, must be appended as are added to the precedent Form No. 1, suyra. 410 PRACTICAL FORMS. Draper, my true and lawful attorney, for me, and in my name, and in ray behalf, to do, perform, and execute all such acts, deeds, matters and things whatsoever as shall be requisite, or by him hp deemed expedient to be done, performed, and executed in and with respect to the entire management and disposal of all property, moneys, and effects whatsoever, whether real or personal, belonging to me the said (constituent), and now being at B., or elsewhere, in the kingdom (a) of S., and all such as I may become or be entitled to by will or otherwise ; And also for me, and in my name, to ask, demand, sue for, recover, and receive all such debts [rents], sum and sums of money, property and effects as now are, or may be or become due, or, in any way belonging to me [the said (eonstituenty], from all or any of the person or persons holding, being, or becoming liable to pay or deliver the same ; And, on nonpayment thereof, to adopt, commence, and prosecute all such actions, and other pro- ceedings whatsoever for the recovery of such debts [rents], property, and effects, or any or either of them, or any part thereof respec- tively ; with full power to abandon and rescind all or any such actions and other proceedings and to recommence the same, or to commence and substitute others in lieu thereof ; and to compromise, adjust, settle and compound any such debt or debts, claims or demands respectively ; And on receipt or satisfaction thereof or of any or either of them, for me, and in my name, to sign and give all such receipts, releases, acquittances, and other discharges for the same as shall be effectual and sufficient for that purpose ; And also for me, and in my name, generally to adopt and prosecute such lawful ways and means in touching or relating to the matters and management aforesaid as shall or may be by my said attorney conceived or considered necessary or desirable, and as fully and effectually to ail intents and purposes as I the said (constituent) could or might adopt and prosecute if I were present in person. And lastly, 1 hereby recall all other powers of attorney I may have given unto any other person or persons, and I hereby agree to ratity, allow and contirm whatsoever my said attorney shall lawfully do, or cause to be done, for and in my name, by virtue hereof. Ix WITNESS, &c. {as in Part XXIL, Form No. 1, p. 225) (h). No. 8. Power of Attorney under the Copyhold Act, 1894 (c). Manor of , in the county of I, A. B., of , hereby appoint C. B., of , to be my lawful (a) Or, — empire, republic, dominion, &c. lb) For notarial signatures to be ai^ponded, see preceding forms, Nos. 2, 3, 4, and 5. (c) See s. 48. PRACTICAL FORMS. 411 attorney to act for me in all respects as if I myself were present and acting in the execution of the Copyhold Act, 1894. Dated this day of , 189 — . (Signed) A. B. No. 9. For executing a Company s Deeds of Settlement. Know all men, by these presents, that I {the constituent), of, &c.. Grocer, being a subscriber for shares, of pounds each, to " The Company, Limited," being a company duly registered and established for the transaction of all matters usually known as {here insert the husiness of the company) {d), or connected therewith, as mentioned in the indenture hereinafter referred to, DO hereby con- stitute and appoint {the attorney), of, &c.. Gentleman, my true and lawful attorney, for me and in my name, and as my act and deed, to sign, seal, and deliver a certain indenture [already prepared and engrossed and] bearing date, &c., and made between A. B. and C. of the first part {stating the names and the address of each of the parties), J. W., of, &c.. Esquire, a trustee by the said indenture constituted on the part of the said company of the second part, and the several other persons whose names and seals are [intended to be] thereunto subscribed, and affixed, of the third part ; Such indenture being known as the deed of settlement of the said company. And I hereby further empower my said attorney to do, or cause to be done generally, all such acts, deeds, matters and things whatsoever as may be deemed necessary or proper for making the said indenture, and all the covenants, stipulations, clauses and agreements therein contained, binding and conclusive upon me, as such subscriber as aforesaid, and upon my heirs, executors, administrators, and assigns : And I agree to ratify and confirm all and whatever my said attorney shall lawfully do, or cause to be done, in the premises by virtue hereof. In witness whereof I have hereunto set my hand and seal the day of , 18 — . Signed, sealed, and deliveked {as in Fart IX., Form No. 1, p. 97). No. 10. Affidavit of the due Execution of a Poiver of Attorney. 18- -, . In the High Court of Justice. Division. I, {the deponent), of, &c.. Draper (e), make oath and say as follows: — (/) {d) As fire and life assurance — or, banking — or, shipping (and the like). (e) Or, — clerk to J. K. of, &c., solicitor — or, merchant. (/) Or, if the deponent be a Quaker— solemnly affirm and declare, &c. 412 PRACTIQAL FORMS. 1. I was present, on the day of , 18 — , and did see (the p'incipal), of, &c., Grocer, duly sign, seal, and, as his act and deed, in due form of law, deliver the power of attorney hereunto annexed ; and that the name "A. B." {the name as signed) (g), set and subscribed against the seal of the said po^er of attorney [as the person executing the same], is of the proper liandwritiug of the said {principal). 2. The names" " and " " {copying the signatures literally) severally subscribed to the said power of attorney as witnesses attesting the due execution thereof, are of the respective proper handwriting of myself and J. K., of, &c.. Gentleman (Ji). Sworn, &c. {as in Part II., Form No. 1). Filed on behalf of . PAET XL.-PROBATE («). No. 1. Oaths for an Executor. In the High Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) - {q) Or,— mark "X." Qi) Here state the correct description. ii) The following is an abridgment of the regulations as to the personal appli- cation department for grants of probate or letters of administration in the principal or district registries attached to the Probate Division of the High Court of Justice : — 1. Application for probate or letters of administration without a proctor or solicitor, must be made in person, at the principal registry, at the department for personal applications, or at the district registry, and not by letter. 2. No such application will be received through an agent of any kind, whether paid or unpaid. 3. Applicants attended by a person acting, or appearing to act as their adviser in the matter, will not be eotertaiued. 4. All fees are to be paid, in advance, in Probate Court Stamps. 5. Applications made in the first instance through a proctor or solicitor at the principal or adistrict registry, cannot be afterwards treated as a personal application. 6. Applications for grants in cases previously before the Court (on motion or otlier- •wise) will not be entertained, but must be made through a proctor, solicitor, or attorney. 7. Applications entertained, and requiring the direction of the Court, will not be ])roceeded with, but must be placed in the hands of a proctor, solicitor, or attorney. 8. The necessary papers for the grant will be prepared in this department at the principal registry or in tiie district registry, but the applicant may take such papers, or any of them, filled up, but not sworn to, and they may, if correct, be received on payment of the usual fee for perusal. All further papers required will be drawn in this department, where testamentary papers once deposited will not be returned, unless under special circumstances, and by permission of one of the registrars. 9. All oaths and aflirniations must be made before some proper authority of the l)rincipal or district registry, unless otherwise permitted by one of the registrars. 10. On every application for a first grant a certificate of the death or burial of the deceased must be produced, or a satisfactory reason for its non-production given to one of the registrars. 11. Every applicant must be prepared with a reference to some person of position or character, to establish his or her identity. PRACTICAL FORMS. 413 The District (k) Registry at . In the goods of A. B. (I), deceased. I, (the deponent), of, &c. (m), Grocer (n), the natural and hxwful brother (o) of the deceased, make oath (2->) and say — that I beh'eve the paper writing (q) hereto annexed and marked by me (r) to contain the true and original last will and testament (s) of (the testator) (t), late of, &c.. Grocer, deceased, that I am the 12. Engrossments of wills and testamentary papers are to be made in the registry. 13. Every applicant must give under hand, a schedule of the deceased's property affected by the grant on a form, which can be had at the registry. 14. No legal advice is to be given to applicants ; nor are the clerks responsible beyond embodying, in a proper form, the instructions given to them ; but they will, ^s far as practicable, assist applicants by giving them information and directions as to the course to be pursued. 15. A receipt or acknowledgment is to be given to the applicant, and it must be produced by the person calling for the grant when completed. 16. No clerk or officer of this department is to become surety to any administra- tion bond. 17. Administration bonds in personal applications must be executed in this depart- ment, or in a district registry. If in the former the bond must be attested by the chief or senior clerk in attendance. (k) Or, — the principal registry. (J.) Here insert the Christian and surnames only. (?>i) Or,— We, A. B., of, &c., Grocer, and C. D., of, &c., Draper, severally make oath, &c. {as above, using the plural throughout, and varying the form according to the sex of the different parties). («) The names, residences, titles, profession, or occupation of each party should be accurately inserted. If either should be incorrectly described in the will, here insert the correct name, adding — in the will called — or, named — {the name as stated in the will). (o) If the executor be related to the deceased, the decree of relationship must be here stated, as,— the natural and lawful son — or, a nephew — of the [said] deceased, being a son of A. B., a brother of the said deceased. Or, — the lawful widow and relict of the said deceased. If the degree of relationship, if any, be not stated, a certificate of it signed by the solicitor to the executor must be indorsed on the oath of the latter. The following form of it has been allowed : — I hereby certify that the within-named A. B., the executor of the within-mentioned will [and {if so) codicil], is a nephew of the within-named testator, and a son of W. B., a brother of the said deceased. {p) Or, — do solemnly, sincerely, and truly affirm and declare. {q) Or, — writings. (r) If more than one executor — by us. (s) If the testator left any codicil or testamentary paper, here add — and codicil — or, codicils — or, testamentary paper — thereunder written — or, if annexed — thereto — or, thereunto — annexed, such codicU being marked " A " — or, such codicils being marked respectively " A, B," and " C." Each testamentary paper is to be marked by the persons sworn and the person administering the oath. The following exhibit must be marked bv the commissioner on the codicil, or each of the codicils, if annexed : — This is the codicU — or, this is the codicil, marked " A " — referred to in the affidavit of {tlie executor), and signed by me this day of , 18 — . A Commissioner, &c. (^) Or, — testatrix. If the name of the testator be wrongly spelt or misdescri[ition is given in the will or codicil, it should be corrected by being thus referred to — George John Noakes {the test i tor'' s correct name), in the will — or, codicil —written <3eorg6 Noaks— o/-, George Noakes, in the will called George Noaks the Elder. So as to places and the names of the executors. If the names have been written in •different ways, as — John Nokes and John Noaks, by either party, the correct name 414 PBAOTIGAL FORMS. sole (w) executor therein named, and that I will well and faithfully administer the personal estate and effects of the said {testator) by- paying his just debts, and the legacies contained in his will {x) so far as the same shall thereto extend and the law bind me ; tliat I will exhibit a true and perfect inventory of all and singular the said estate and effects, and render a just and true account thereof, whenever required by law so to do; that the testator died at D, aforesaid on the day of last [or, 18—] {ij) ; and that the testator had at the time of his death a fixed place of abode at , within the district of ; and that the whole of the personal estate and effects of the said testator does not amount in value to the sum of pounds to the best of my (2) knowledge, information, and belief. Sworn, &c. (as in Fart II., Form No. 1). (Signature.) PAET XLI.— PROMISSORY NOTES (a). No. 1. Payable on Demamh (Flace.) (Date.) On demand, I promise to pay A. B., or order (b), (c) pounds {d). _ ^ ^ E. F. shuuld be first stated, adding— otherwise John Nokes— or, Noaks-late of, &c. {as above). (^u) sole surviving executor — or, executor according to the tenor— o/-, executrix during widowhood {or, as tlie case may be)— or, we are two (or more) of the executors therein named, &c. (as above). When several executors are appointed, and some or one of them only has sworn, a memorandum should be made in the margin of the oath that power is to be reserved to the other executors or that they have renounced. (x) And codicils, if any. (y) If it be intended to obtain the grant from the principal registry, omit this clause. (2) Or, — our. (a) For stamps, see schedule to Stamp Act, 1891. (J) 0/',— hearer. Formerly the words "order" or "bearer" were essential to render the note negotiable, but this is not so now, as prohibitive words of transfer are required to indicate a contrary intention : see Bills of Exchange Act, 1882, s. 8. By the same Act (s. 7) the note may be made payable to two or more payees jointly, or in the alternative to one of two, or one or more of several payees, or to the holder of an office for the time being. (c) The amount to be here written in words. (d) As a note is often intended to be a continuing security, add (if so) — with interest thereon at per cent., by which means the interest will run from the • late, unless a jury otherwise decide (see s. 57 of the above Act). _ The addition of the words — for value received — is usual but unnecessary, as value is implied by law, nor is an attesting witness required though often employed, and if so, his address and occupation should be stated. PRACTICAL FORMS. 415 No. 2. At Sight {e). [Place.) {Date.) £ : — : — At sight (/) I promise to pay A. B., or bearer (g), pounds CD. No. 3. Payable at one Time. (Place.) {Date.) £ : — : — months after date, I {h) promise to pay A. i3. {i), or order, — pounds, with lawful interest (Jv). E. F. (Z). No. 4. By Instalments. £ : — : — {Place.) {Bate.) I PROMISE to pay A. B., or order, pounds, with lawful interest {h), in the manner following, namely, the sum of pounds [part thereof] on the day of next ; the further sum of pounds [other part thereof] on the day of next; and the further sum of pounds [being the remaining (e) The note must be exhibited to the maker as a condition precedent to his liability, and there are no days of grace : ss. 10 and 14 of the Bills of Exchaufe Act, 1882. (/) Or, — at [10] days after sight. In this case the Statute of Limitations runs from the expiration of that period. {g) Or, — order. (h) Or, — if given by two or more persons, — we jointly and severally. {i) Or, — to Messrs. A. B. & Co., or their o^der. (k) Or, if any particular rate of interest, above £5 per cent., be agreed ujion, here say — interest after the rate of per centum per annum. (7) If the persons signing the note are actinic in a fiduciary character, and do not intend to incur personal liability, this should clearly appear, especially if the body, for whom these persons are acting, is incapable of giving the note, by reason of the want of statutory or other power: see forms of prouiissory notes held to create personal liability in Allan v. Miller, 22 L. T. Rep. N. S. 825. 416 PBAGTICAL FORMS. part thereof] on the day of , which will be in the year 18— (m). ^ ^ E. F. No. 5. To Secure a Floating Balance. [Place.) {Date.) £ - — •• — months after demand, I promise to pay A. B,, or order, so much money as shall be then due from me to him, upon balance of accounts between us, not exceeding in the whole the sum of pounds, with lawful interest (n). E. F. PAET XLII.— PKOPOSALS. No. 1. With a vieiv to a Sale (o). 1. The name and address of the vendor. 2. of solicitors. 3. The of the property, whether Freehold or Lease- hold (p), give situation, and distance from nearest railway station and market town. 4. If let, — how let, — and at what rent. 5. The outgoings. 6. If Leasehold, — the ground-rent. 7. The term, — and unexpired portion. 8. The name and address of tenant for life, or annuitant, if one. 9. If lifehold, — for what life, — if insurable or not, — at ordinary rate. 10. If insured, — in what office, — the amount, — the premium, — {III) To this the folluwiu<^ may be ackud, if so agreed — and if default [shall] be made in payment of either of such instalments [or, sums] on the day above appointed for payment thereof, then this note shall be in force for the whole sum then unpaid with interest thereon (.see ss, D and 8;j ol the Bills ot Exchange Act, 1882); but three days uf grace are then to be allowed. (ri) This must bear a stamp sufficient to cover the full amount secured. (o) Preliminary information of this nature is requisite in reference to the sale of any reversionary and other like interests, by public auction or otherwise. The form must of course be varied as occasion may require. The several properties are strunf^ up in one so as to avoid repetition, especially as the forms (Nos. 5, 6, 7, and 8) which follow will aflbrd the necessary aid in distributing them. (p) If RKVEBSiONARY iNTEiiESTS, how created — by will or deed — if absolute or contingent — funds or shares — how invested — present market prices. PRACTICAL FORMS. 417 when and how payable, — with or without prolits, — and (if any) what bonuses have been declared and received. 11. The dates of births of the tenant for life, and reversioner. 12. If both or eith^-r is married. 13. Their trales or occupation. 14. The names and addresses of the trustees. 15. If the investment can be changed into other, and Grovern- ment securities. 16. The contingencies, if any, to which the vendor's interests are subject. 17. The tenant for life will attend at any place and do what may be necessary for effecting a policy on his life ; but if required to travel, on having his expenses paid. 18. There is no probability of the tenant for life going abroad. 19. There will be legacy or succession duty payable on the death of the tenant for life. 20. The reserved price, if a sale be effected, by private treaty, will be £ . Terms proposed, on behalf of the proprietor, by A. B. &Co. Solicitors. (Place.) (Date.) No. 2. Fo7' Mortgage of a Freehold Estate. A SUM of £ is required, at £ per cent, per annum [for a term of years], on the security of a Freehold (q) Estate, of which the following are the particulars : — 1. The tenure is Freehold. 2. It is situate at, &c. [in the hunting district], and near the railway. 3. It consists of a farm, comprising about acres, ot arable, meadow, pasture, and woodland. 4. It is well timbered. 5. It is let, on a yearly tenancy (r), at £ . 6. The tenant pays the tithe rent-charge, rates, taxes, and fire insurance. 7. There is no prior charge on the property (s). 8. The estimated saleable value of the property is £ . 9. A plan of the estate, and a copy of a valuation, made on a (^,j-^ Or, — copyhold— 0/-, leasehold (cr other property). /j.) Or,— on a lease for years, of which are unexpired. (s) Or,— there is an existing mortgage on the property, which is to he satisfied out of the present loan. 2 E 418 PRACTICAL FORMS. recent occasion, accompany this proposal, both of which must be returned to us. This proposal is made, on behalf of a higlily respectable client, by A. B. &Co., Solicitors. {Place.) {Bate.) ISo. 3. For Mortgage of a House. A SUM of £ is required, at £ per cent, per annum [for a term of years], on the security of Leasehold property, of which the following are the particulars : — 1. The tenure is Leasehold. 2. The original term was for years, of which are un- expired. 3. The ground-rent of each house is £ . 4. The property is situate at, &c. [in the hunting district]. 5. It consists of a well-built modern {t) mansion, stands on an eminence, is well drained, and sheltered, has a southern aspect, is fully supplied with pure spring-water [and with soft water from a tank], and contains on the : Basement — Rooms, replete with domestic conveniences. Ground floor, — Reception rooms, by , &c. {giving dimensions). First floor, — Bedrooms, with w.c. Second floor, — Ditto, with linen and other closets. Third floor, — Servants' bedrooms. All papered, well [and recently] painted, and in excellent con- dition. (). Stabling for horses, coach-house, and harness rooms. 7. Large walled-in garden, about , stocked with [choice] fruit trees. 8. Orchard, about acres, with selected apple trees. 9. About acres of meadow and pasture land, with the right of shooting {u) over about acres of rich arable, meadow, and pasture land, and about acres of woodland, all abounding with game {x). 10. It is let, on a yearly tenancy (a), at £ . 11. The tenant pays the tithe rent-charge, rates, taxes, and fire insurance. 12. It is near the railway, the town of D., the church, and the post-office. (t) Or, — ^Gothic (or other style). (u) If so — and fishing. (x) Or, — affording good partridge, pheasant, and wild-fowl shooting. (a) Or, — on a lease for years, of which are unexpired. PRACTICAL FOB JUS. 419 13. There is no prior charge on the property (h). 14. The estimated saleable value of the property is £- 15. A plan, &c. (see preceding form). This proposal is made, &c. {as in the preceding form). A. B. & Co., Solicitors. {Place.) (Date.) No. 4. For Mortgage of Houses and Buildings. A SUM of £ is wanted on mortgage, at £ per cent, per annum, on security of Leasehold property, of which the following are the particulars : — 1. The property is situated at D., distant from the railway about miles, from the church about a of a mile (e), and from the post-office about a of a mile. 2. It consists of a terrace (d) of houses (Nos. 1 to — ), of floors, and each house contains, «S:c. (setting the rooms out as in the p-eceding form). 3. It has a frontage of feet, and a depth of feet. 4. It is held under an original (e) lease of the Earl of B. for years absolute, of which are unexpired. 5. of the houses are let on lease for years at £ per annum each. 6. The rest (/) to yearly, respectable tenants at £ per annum each. 7. The rents are payable quarterly — at Christmas, Lady Day, &c. 8. The apportioned ground-rents amount [in the aggregate] to £ , and are payable half-y early, at the offices of Messrs. A. B. & Co. (the solicitors (g) for the Earl of B.), at D. 9. The fire insurance, rates, and taxes, except land tax (£ ) and property tax (£ ), are payable by the tenants. 10. The property is already in mortgage for £ , which is in- tended to be satisfied out of the present loan. 11. The estimated value of the property is £ . This proposal is made on behalf of a very respectable client, and further particulars will, if required, be given by us, A. B. & Co., Solicitors. (Place.) {Date.) (b) Or, if a charc^e exists : see precedingi; form, n. (,s). (c) Or, — minute's walk — or, a short distance — ur, near. Id) 0>-,— block. (e) Or, — underlease — or, assignment. (/) Or, if partly uulet — except numbers and [which, are unlet]. iu) ^''j — steward — or, agent. 420 PRACTICAL FORMS. No. 5. Or Applications for Loans on Mortgage (h). Pakticulaes of property proposed as a security for a loan on mortgage for £ . {If Freehold.) 1. The nature and soil of the property. 2. The situation, high or low. 3. The extent in area. 4. Whether arable, meadow, pasture, or woodland. 5. Whether well timbered, and with what timber. 6. Whose estate it joins. 7. What (if any) part of it is adapted for building purposes. 8. What distance from the nearest town and railway station. 9. What from church and post-ofBce [and medical practitioner]. 10. What hounds are kept in the locality, and how near. 11. If let, — whether let by the year or on lease. 12. If not let, — the amount of the rateable and gross value stated in the income and property-tax assessment. 13. The amount of the outgoings for rates, taxes, tithe rent-charge, land-tax (if any), and other outgoings. 14. If there is any prior charge or incumbrance, — the amount, — and the names and addresses of the other parties interested in the property. 15. If any such charge — how proposed to be discharged. 16. If insured against fire, — the office, — the amount, — and tlie premium. No. 6. (If Copyhold.) [Here insert Nos. 1 to 6 in preceding form.] 7. Its tenure, — whether copyhold of inheritance, — customary free- hold, — or copyhold for lives. 8. The lord's rent, — and whether ancient or arbitrary. 9. The custom of the manor as to — Alienation, — whether a licence is necessary. Widoivhood, or Freebench, if any, — whether for the widow of the first purchaser, — or of the tenant dying in possession. Uses and Trusts, — if recognized. Descent, — whether to the eldest, youngest, or all the sons of the tenant dying in possession. Heriots, — the amount, or the best beast or " best good." When ixiyable, — whether on the death of each, or last nominee. (A) See n. (o) to Form No. 1, supra. PRACTICAL FOBMS. 421 Reneu-als, — if any, — whether on the dropping of each, or the last life. The fine for reneival, — if fixed, the amount ; if not, the sum paid on last renewal. Repairs, — house-bote, plough-bote, or turbary («'). [Rere add from No. 7 to the end of last form.'] No. 7. {If Lifehold.) [Here insert Nos. 1 to 6, as in Form No. 5.] 7. Tlie number of lives by which it is held. 8. Their ages and occupations. 9. The state of the health of each. 10. If the life of either insured ; and if with profits. 11. If so, — when, — in what office, — to what amount, — and at what premium. 12. How many, if any, bonuses have been declared, — and, if any, how many of them have been received under the policy. [Here conclude as in Form No. 2.] No. 8. [If Leasehold.) [Here insert Nos. 1 to 6, as in Form No. 5.] 7. What is the original term ? 8. When granted. 9. If absolute or determinable with lives. 10. If now held by the lessee or assignee {h). 11. The amount of ground (or lord's) rent per annum. 12. How, when, and where it is payable. [Here conclude as in the preceding forms.] No. 9. Particulars for Letting a Mansion {I). 1. The name of house and nearest town, 2. The distance from railway station, church, and post-office. 3. How to be let, — yearly or on lease. (0 The above particulars can usually be obtained from old presentments, surveys, and terriers. (A;) Or, — by underlease,— oy, by assignment. (J) Boom for answers can be given cither after each question or by leaving half the sheet blank, longitudinally. 422 PBAGTIGAL FORMS. 4. If to be let, — furnished or unfurnished. 5. The amount of rent required. 6. The amount of the rates, taxes, and outgoings payable by the tenant. 7. When possession can be had. 8. The style of architecture, the aspect, and its elevation. 9. Whether water is pure and abundant, and the pipes and drains good. 10. The number and size of the rooms {as in Form No. 3). 11. If gas is laid on. 12. How much garden, and how many hot-houses, vineries, or greenhouses. 13. How much pasture or meadow land. 14. What, if any, coppice and plantations. 15. The nature of the soil. 16. The extent of shooting and fishing, if any, and of what description. 17. What packs of hounds are kept in the locality, and the distance of each kennel. 18. What arrangement proposed to be made respecting servants, and farm and dairy produce. 19. Where and on what days orders to view can be obtained. 20. If photographs, plans or descriptions can be had showing the elevation of the mansion and the scenery, and boundaries of the property. {Conclude as in Form No. 2) (m). No. 10. Of Terms for Repairs, &c. Sir, In consideration of your making the undermentioned alterations in the house you occupy, I hereby consent, on behalf of {the oivner), your landlord (w), to the following terms, which shall be considered and read as part of the agreement for letting and renting the house, namely : — 1. The tenancy to continue for three years ; but to be determin- able by you (and not by the landlord) at any time, on giving calendar months' previous notice. 2. That you shall have the full, free, and uninterrupted use of the gateway leading to {state the place) as at the commencement of your tenancy. (m) Of course this and the foregoing forms must be varied according to circum- stances. They are here given and varied so that the practitioner requiring to use such forms may have under his eye a guide to the usual requirements and the mode of stating them. (ji) Or, — landlady. PRACTICAL FOMMS. 423 3. That no nuisance or annoyance shall be occasioned by the neighbouring tenants of properties belonging to your landlord. 4. That you shall be at liberty to remove, at the expiration of your tenancy, any greenhouses, vineries, and sheds erected, and any trees or shrubs planted by you on any of the properties rented by you, during your tenancy. A. B., Solicitor (o) for (Plaee.) (Date.) No. 11. Form of Voting Paper. Public Librakies Act, 1892. Question 1. — Are you in favour of the adoption of the Public Libraries Act, 1892, for the borough (or parish, &c.) of ? — Answer (1) : {p). Question 2 {q). — Are you in favour of the rate being limited to one halfpenny in the pound ? [or to three farthings, or of the exist- ing limitation of the rate under the Public Libraries Act, 1892, being removed (»•), or of the existing limitation to one halfpenny being raised to three farthings as the case may require? — Answer (2) : -- iji). Question 3 {q). — Are you in favour of an agreement being made with (here designate the body or bodies with whom the proposed agreement is to be made) ? — Answer (3) : (jj). PART XLIIL— PROTESTS. No.L Of Bill of Exchange or Promissory Note-wliere no N'otari/ Public cvvailable {s). Know all men that I, A. B. (^), of ■ , in the county of in the United Kingdom, at the request of C. D., there being no notary public available, did on the day of • , 18 — , at , demand payment {u) of the bill of exchange hereunder written (x), from (o) Or, — agent for 00 To be tilled in "Yes" or "No." (ij) Any of these questions may be omitted if the circumstances of the case do not require a decision on it to be taken. (r) It will then be fixed at Id., Public Libraries Act, 1892, s. 2. (s) See s. 9-i and first schedule to Bills of Exchange Act, 1882. (<) A householder or substantial resident of the place. ('.() Or, — acceptance. {x) The bill should be annexed, or, a copy of it, and all that is written thereon should be written below the protest. 424 PRACTICAL FORMS. E. F., to which demand he made answer (?/), wherefore I now, in the presence of G. H. and J. K. {z), do protest the said bill of exchange (a). A. B. {The Jiouseholder). G. H J. K *[ (The two witnesses.) No. 2. On Payment of Money. To Me. G. 0., of, &c., Draper. I, THE undersigned A. B., of, &c.. Grocer, hereby give you notice, that the sum of • pounds now paid by me to you (h), is paid under protest that I am not legally liable to pay the same, or any part thereof. And I give you further notice that this payment is now made by me expressly without prejudice to any right, remedy or proceeding whatsoever which I may have, or be entitled to, or be advised to take in respect thereof [or in relation thereunto]. Dated this day of , 18 — . (Signature.) PAKT XLIV.— KECEIPTS (c). No. 1. Fo7' a Debt. Eeceived on the day of •, 18 — , of Mr. (the debtor), the sum of pounds, being the amount (d) of a debt due from him to me. (Signature), (over stamp). {y) State answer, if any. (z) Two witnesses. (o) The stamp on protest of a bill of exchange or promissory note is the same as the duty on the bill or note if not exceeding one shilling, otherwise it is one shilling. (V) If paid to a person in an official or fiduciary character, overseer, trustee, or the like, the character should be stated here, and (if so) add: — and for which you have lately seized my household furniture and effects — or, as the case may be. (c) For stamps, see ss. 101 to 10.'5 and schedule to Stamp Act, 1891. {(I) If so, — by the hands — or, his cheque— o/-, the cheque of W. B. [on Messrs. Srummond and Co.]. It is desirable to show the mode of jiayment as well as the party paying, as it often affords important evidence of the transaction at a future period. PRACTICAL FORMS. 425 No. 2. For Debt and Costs recovered in an Action. In the High Court of Justice. Queen's Bench Division (e). A. B. V. C. D. Keceived on the day of , 18—, of Mr. A. B., the defendant's (/) solicitor, pounds, being {g) the amount of the debt Oi) and costs in this action. B. B., Plaintiff's {i) Solicitor. £ : — : — No. 3. For Rent. Received on the day of , 18—, of Mr. {the tenant) [by the hands {h) of H. M., his solicitor] the sum of pounds, being {I) one year's (m) rent of a farm called " The Grange Farm " {n), situate at W. (o), due to E. F., Esq. {f), on the day of last (a). A. B., Steward (r) for E. F. ot/ * * *• (e) Or, — in the county of D. (/) Or,— Plaintiffs. (^) Or, if a particular sum be paid in full, say— in discharge of the debt and costs in this action — or, if in part only, say — in part of the debt — \_or, debt and costs] in this action. (li) Or, — [debt and] costs as agreed, (i) Or, — Defendant's, (k) Or, — cheque. (I) Or, if so, — being, with £ allowed him for disbursements, stated below— or, indorsed — one year's rent, &c. (as above). The sum allowed should then be stated thus : S, s. d. £ s. d. Land tax .12 3 Property tax . .234 3 5 7 Cash received . . . 51 14 5 £55 (to) Or, — one quarter — or, half a year's rent — or, arrears of rent. (n) Or, — a close of land — or, a dwelling house, offices, garden, and orchard. (o) The property and its situation should thus be shortly described, especially where more than one is rented of the same party, as it prevents all after questions as to the part in respect of whicli the rent was paid. Sometimes in the hurry of the moment the credit is carried to the wrong account, and then this distinction becomes most important. (p) Or, if so, — to Messrs. A. B. and C. D., the executors of the will — or, committees of the estate of E. F., Esq., a lunatic — or, E. F., administrator of the estate and effects of C. C. (2) Or, — at Lady-day — {or, other quarter-day). The time the rent became due should also be correctly stated ; for this likewise prevents after trouble, and often disputes and liti.2;ation. (r) Or, — solicitor. 426 PRACTICAL FORMS. No. 4. For Interest. Eeceived on the day of , 18 — , of Mr. — — {the debtor) [by the hands, &c. {as ahove)], the sum of pounds, being years' interest of £ , due from him to me (s) on mortgage {t) on the instant, less [or, after deducting] the income-tax. {Signature.) ^ • * No. 5. For Dividends under Deeds of Composition, do. Eeceived on the day of , 18 — , of Messrs. A. and B., the trustees under a deed of composition {u) with the creditors of Mr. {tJie debtor), of W., dated the day of , 18 — , the sum of pounds, being (x) a dividend of shillings in the pound on, and in part {y) of a debt of £ {z) due to me from the said {debtor). (Signature.) ^ • — ' — . No. 6. To be given by a Building Society to revest Estate in the Mortgagor (a). The Building Society hereby acknowledge to have received all moneys intended to be secured by the within {b) written deed. In witness whereof the seal of the Society is hereto affixed this day of , 18 — , by order of the board of directors (c) in the presence of Secretary (d). (L. s.) (s) Or, — if received by an agent, say — due from him to Mr. B. B. (t) Or, if there should be separate securities on different properties, say — of an estate called Youngs at S. — or, a dwelling-house (No. ) and buildings in West Street at S. (lo) Or, — inspection. (x) Or, — the first (or other) dividend — or, a composition — of, &c. (as above). (y) Or, — in discharge. (z) The amount of tlie debt discharged should be stated. (a) Or other person entitled to the equity of redemption. See s. 42 and schedule to the Building Societies Act, ISTi (37 & 38 Vict. c. 42). It is believed that no stamp is required, but in any case a penny stamp would be sufficient. (&) Or, — above. (c) Or, — committee of management. (d) Or,— manager. If the rules of the society require other witnesses, their names must be added. PRACTICAL FORMS. 427 No. 7. To he Indorsed on Mortgage hy Friendly or Provident Society (e). The trustees of the Society (/) hereby acknowledge to have received all moneys intended to be secured by the within (Jb) written deed. {Signatures of Trustees) (g). Trustees. Countersigned. (Signature of Secretary.) Secretary. No. 8. By Sheriff for Purchase Money of Goods seized (h). (Place.) (Date.) Eeceived of Mr. (i) the sum of £ for (A-) at Mr. 's (Z) farm (m) at . (Signature of Sheriff's Officer and Stamp.) Schedule (n). No. 9. For Debts Due from a Deceased Person. Eeceived on the day of , 18 — , of Messrs. A. and B., executors of the will (o) of C. D, [late of, &c., Draper], deceased, the (e) See tliird Schedule to Friendly Societies Act, 1875. (/) Or, in the case of Industrial and Provident Societies, say — the Society, limited. See form in third Schedule to Industrial and Provident Societies Act, 1893. (5') Or, in the case of an Industrial Society, two members of the committee. (/i) A receipt in this form with schedule attached, headed — "Inventory of goods at Mr. 's farm at ," was held in Marsden v. Meadows (7 Q. B. I). 80), not to be within the meaning of the Bills of Sale Act, 1878, because the sale by the sheriif of the whole of the goods, chattels, farm implements, and other effects seized by him was completed independently of the receipt and inventory, which merely amounted to an acknowledgment of the receipt of the purchase money, and not a muniment of the title of the purchaser as a bill of sale is. See ante, Part XIV., Form 2, n. (a), p. 130. (t) The purchaser. (Jc) Valuation — or, other term expressive of the whole of the chattels sold. (?) The debtor whose goods were seized. (in) Or, other term, shortly describing the premises. (n) Add list of the chattels sold with price to each, making up the total amount named in the receipt. (o) Or, — administrator [with the will annexed]. ■i28 PRACTICAL FORMS. sum of pounds, being the amount (p) due from the deceased to me, on balance of accounts at the time of his death. {Signature.) No. 10. For a Debt Discharged by Bills of Exchange. Keceived on the day of , 18—, of Messrs. A. and B., their acceptance at months' date, for pounds {q), which, when paid, shall be in discharge of all accounts between them and me as delivered down to the day of last. B., B., & Co. 3j * — '. — > No. 11. For a Debt due on a Promissory Note and Balance of Account (r). Received, &c. {as ante), of Mr. A. B. the sum of pounds, being the amount due from him to me on his promissory note of the day of , 18 — (which has this day been delivered up to him), and on balance of accounts [this day] stated and settled between us. {Signature.) xj '. — '. — . No. 12. A Witness's Receipt. In the High Court of Justice. Division. A. B. V. C. D. (s). Received on the day of , 18 — , of Mr. A. B., the above- named plaintiff {t), by Mr. E. F., his solicitor, pounds for my {p) Or, — of the annexed bill. ii) Or, — their acceptances at and months' date for £ each. (f) Discharges for debts due on promissory notus and bills of exchange may be indorsed on the originals, aud then no further stamp is required ; see 55 Geo. III. c. 184, title " Receipts.''^ The usual indorsement of payment on these instruments is "Received the contents," adding the date and signature of the receiving party. (s) If in matters of lunacy — In the matter of A. B., a lunatic — or, if the inquisitioit, has not terminated — a supposed lunatic. Or, if in bankruptcy, say — in the matter of A. B., a bankrupt. (0 Or, — C. D., the above-named defendant — or, by the hands of, &c. (as above). PRACTICAL FORMS. 429 loss of time, trouble, and expenses in attending at D. [in the county of W., being a distance of miles from my residence] as a witness [in his behalf] on the trial (w) of this cause. {Signature.) £ : — : — . No. 13. For Money Payable under a Policy of Assurance. Eeceived on the day of , 18 — , of the trustees and directors of the Life Assurance Company the sum of pounds, in full satisfaction of that {x) sum secured by, and which has become [due and now] payable by the death of the within- named A. B. on the within policy, which is now delivered up to be cancelled. (Signature.) s^ '. — '. — . Witness, C. D., agent at M. No. 14. For a Deht Secured by a Warrant of Attorney. Received on the day of , 18 — , of Mr. A. B. [of, &c., Grocer], the sum of pounds, being the amount {y) due from him to me on his warrant of attorney bearing date the day of , 18 — , and filed in the Central Office of the Supreme Court against him, and upon which satisfaction is forthwith to be entered by me at his \or, my] expense {z). {Signature.) (ii) Or, — on the execution of a writ of inquiry — or, in a reference before R. R. and S. S., Esqs. — or, in a reference in this cause — or, if iu hmacy, say — on the execution — or, traverse — of the commission of lunacy against the said A. B. — or, if ill bankruptcy, say — on the hearing of the petition or examination — or, to prove the trading and property of the said A. B. (as) Or, — the. {y) balance. (z) By s. 8 of 3 Geo. IV. c. 39, if a judge be satisfied that the debt due under a warrant of attorney duly filed has been discharged, he may order a memorandum of satisfaction to be written upon it. 430 PRACTICAL FORMtS. No. 15. For a Specific Sum in Satisfaction of an Order in Bastardy (a). Received on the day of , 18 — , of Mr. (the putative father), by the cheque of Mr. (the dratver of the cheque), his solicitor, the sum of pounds, which I accept in discharge of all claim I have, or may have, upon him under an order of justices for the division of E. (h), dated, &c., whereby the said (imtative father) is adjudged to be the father of a male (c) bastard child, begotten of me. And in consideration of such payment, I hereby absolutely and entirely relinquish and abandon as well all present and future rights, claims, and demands upon him, as also all proceedings what- soever under or by virtue of such order [or any other order in the matter] (d). (Signature.) jj I — . — . (a) This receipt is not binding upon the guardians in case of future chargeability of the child upon the union. (b) Or, — city — or, borough — or, town and county of E. (c) Or, — female. (d) To this may be added, if desired to be kept secret — And I undertake not to expose, molest — or, annoy tlie said {putative father') in any way whatever in future. PRACTICAL FORMS. 431 03 ^ H Tf) • 1— 1 Ci5 w C P3 1— H ■+0 >^ • o 1 i-j 1^ ^ H M ^ P4 n a OS a a> « ^ o i ■a g cS d n3 o (u ^ tc >. p ta- nd ns C g « ^e-* «3 CO 1 i ojCO O CO 2 3 E o ;-• P. =*55 i-H OT <11 »-H •aoggO fl S o c3 O IK o M •* •oaa c •AO^ i> ■vo •ijdas ■Snv ■- 1 2 ■^inr 1 p< 1 0) •aunx" > ■S.vi'i l> •ludy o •a^M (M •qa^ •UBf •lS3j9int JO a^BH •^ lO o O o a o o o c+< O o o 3 Ui o i-H vi (M r-< , a 4 o a as O « a ;2; 60 h^ a r* a s >-5 1-3 o o a c3 c3 t3 O o i-i a • r-t 03 .a o CQ CO a a o a 03 432 PRACTICAL FORMS. E/3 -t^ bo o 3 ^^«« > .E; K°° fc. CO t-t 00 ''1 «^ 03 1-1 <1 St, O O) "2 " >-> o <^ cc -w -t^ No. 2. >f Munim a o3 o .2 o The proper belongs Gen. Need .•14 w 'O o a" " O d -S 03

»--4 &S .00 O 00 s-^ cg^ fl^ It pro- e deeds iments ■te. d s Ter- ighton. Home Holt, ■' ^ ^ fSi 1 ■ To wl: lerty tl or doc rel The Instate, Sussex. c be"-' 5 03 « he arm, ent. 1 ^O 2 HfeW •aipunq o I— ( (N J'J 'OK oi (c) If the time of its return cannot be deposed to, instead of the following, here add — and not earlier. 444 PRACTICAL FOBMS. No. 6. Declaration f 07' Procuring an Alloivance of Spoiled Stamps (d). I, (the declarant), of, &c., solicitor, do solemnly and sincerely declare that the several stamps (e) hereinafter specified and described (that is to say) : — Number of stamps. Value of each. Description of instrument. Total value. £ s. d. £ 1 s. d. Two 1 Ad valorem 2 1 One 1 10 Progressive 1 10 One 1 15 Deed 1 15 One 6 Agreement 6 Four 6 Bill or Draft 2 Two 1 6 Promissory Note 3 Total... Eleven 5 10 6 are the property of me, this deponent (/), and were purchased by me (g), or for my use ; and that I (Ji) have paid or now stand indebted for, and am (i) really and truly liable to pay the full amount or value thereof; And with regard to such of the skins of parchment (j) upon which the said stamp (k) is impressed, as is (i) not written upon, I declare that the same have been inadvertently and undesignedly spoiled and rendered unfit for use (/) ; And, with (cZ) This declaration can now be made and the allowance obtained either at the Inland Eevenue Office at Somerset House, or through the stamp distributor in the district wherein the declarant resides. But the latter course will, it is presumed, be seldom taken, as it exposes the client's transactions to the post officials, which is undesirable, even if secrecy, to which they are bound, could be insured. The form is therefore given here. (e) Or, if only one — the stamp. (/) If by a co-yiartner, here add — and my co-partner. (g) Or, — by me and my said co-partner — or, for my — or, our use. (h) Or, — and my said co-partner. (i) Or, — are. {j) Or, — sheets, — or, bills — or, notes — or, pieces of paper — or, materials. (k) Or, — stamps. (Z) Here state the cause as — the contract for purchase — or, mortgage — having been abandoned — or, of altered arrangements — or, of important omissions — or, mis- takes having been made therein — or, of it having been wrongly signed— oy, accidentally blotted {or, as the case may be). In case of executed deeds or instruments, the following clause must l>e used — And, with regard to a deed (or, other insitrumevt) bearing date, &c., and which appears to have been signed by A. B., the duplicate or instrument in lieu of which is now produced and exhibited — or, of which no duplicate, or instrument in lieu has been prepared — I say that the same was spoiled in consequence of {here state the rcuKoii. nn u/iore); And that since the same was so signed, no addition or other alteration whatever has been made therein or thereto ; but that the same is now in the same state and condition as when the same was so signed; And that the same was bona fide prepared and signed for the purpose of carrying into effect the trans- action appearing upon the face thereof, between the parties and upon the terms and conditions therein set forth, and that the same was so signed within six [calendar] months preceding the date thereof. PE ACTIO AL FORMS. 445 regard to such other of the skins [sheets, or pieces] of parchment [paper, or materials] on which the said stamp [in) is impressed, as are written upon, I say that the same have been inadvertently and undesignedly spoiled or become useless ; And that the writing thereon has not been signed by any party, or otherwise completed as a legal instrument, and hath not had any operation or effect whatever [n). And I further say, that I have not (o) been reimbursed or paid the value of the said stumps, or any part thereof, by any other person or persons; And that if the value thereof shall be allowed me (jj), by the Commissioners of Inland Kevenue, I (q) will not ask or receive any compensation for tlie same, or any part thereof, from any other person or persons, or charge the same, or any part thereof, in account or otherwise, to any other person or persons either generally or particularly, so as to be again paid or com- pensated for the same, or any part thereof, directly or indirectly, in any manner whatsoever. And I further say, that all the said stamps have {r) become useless within the period of six calendar months (s) preceding the date hereof; And, that the application now made by me [t) for an allowance for the value of the said stamps is without any fraudulent intention or collusion whatsoever. And I make this solemn declaration, conscientiously believing the same to be true, &c. {as in p. 188). SUBSCEIBED AND SOLEMNLY DECLARED, &C. {aS in p. 189). {Signature.) {m) Or, — stamps. («) If any of the instruments should be bills or promissory notes, here insert the following clause — And. with regard to the several bills of exchange and promissory notes written on the paper — o)-, material wherein the same stamps are impressed, the same have been inadvertently obliterated, or spoiled, or are unfit for the purpose intended, by reason of a mistake therein — or, of their being written on wrong stamps — or, are become useless through accidental and unforeseen circumstances ; and that, although the said bills of exchange and promissory notes are respectively signed by, or on behalf of myself [and my co-partner] as the drawer [or, drawers] thereof, the same, or any of them, have not been delivered out of my [or, our] hands to the payee therein named, or any person on my [or, our] behalf ; nor been deposited with any person as a security for the payment of money ; nor been in any way negotiated, issued, or put into circulation ; nor been made use of in any other manner whatso- ever ; Axu that the said bills of exchange have not been accepted by the drawees : And that all the said bills and notes as are signed were signed within the period of six calendar months preceding the date thereof. (o) If declaraut l)e in co-jiartnership, here add — nor has my said co-partner — or, if more than one, — have my said co-partners — or, any or either of them. (p) Or, — us. (q) If partners, here say — neither I nor my said co-partner — or, co-partners — will ask, &c. {r) Or, — the said stamp has. (s) Twelve calendar months are allowed for unexecuted documents. {t) If by a partner, here add — and my co-partner— or, co-partners. 446 PRACTICAL FORMS. No. 7. Corrective Affidavit in connection ivith the Stamp Duties on old Probates and Letters of Administration {it). \_See also Part II., Form No. 8.] 1. For increase of the dutij. 2. For return of duty on the ground of mistake. Legacy reference of the year 18 — , folio Succession reference of the year 18 — , folio . (ii) It is important to note that if the stamp duty on the affidavit for Inland Revenue be insufficient to cover the amount of the personal estate included in it, the probate or letters of administration cannot be given in evidence, and if not rectitied within the time specified, the executor or administrator will incur a penalty of £100, and £10 per cent, on the sum required to make up the proper duty. See 55 Geo. III. c. 114, ss. 41, 43. The following is an abstract of the regulations under the Customs and Inland Revenue Act, 1881 (ss. 31, 32, 33), as to rectifying the amount of the stamp duty on affidavits of value made by executors or administrators in cases where too much or too little duty has been paid iu the first instance. 1. Application must be made, in the first instance, by the executor or adminis- trator, in person or by his agent, in the Legacy Duty Department ; and an affidavit by the executor or administrator, stating the circumstances of the case in a form which can be obtained at the Legacy Duty Office, must be delivered with the probate or letters of administration. 2. The affidavit must be made before a Commissioner of the Supreme .Court of Judicature, unless the executor or administrator shall attend in person at the Legacy Duty Office, in which case the affidavit may be sworn there. 3. In all cases of a return of duty being applied for, or of a further duty being paid, there must be subjoined to the affidavit a correct inventory and account of the estate and effects of the deceased, which must be subscribed by the person or persons making the affidavit ; and all appraisements of the deceased's effects must be duly stamped. 4. It is indispensable that the application be made personally by the executor, administrator, or his agent, at the Legacy Duty Office ; and if the aifidavit, probate, or other documents be transmitted by post or left under cover at the office, the application cannot be noticed. 5. If the aiiplication shall be made by an agent for the executors or administrators, he must write his name and place of residence at the foot of the affidavit. 6. In cases where too little duty has been paid, the affidavit must be presented at the Legacy Duty Office within six calendar months after the discovery of the mistake, and must be duly stamped for the amount, which, with the duty, if any, previously paid shall be sufficient to cover the duty properly payable, but no allowance will be made for the stauip duty of 30s. on estates not exceeding £300. In cases of letters of administration, with or without the will annexed, there must be delivered with the affidavit a certificate from the proper officer of the Court of Probate, that the administrator has given further security for the due administration of the personal estate and effects of the deceased, in consequence of the same having been since discovered to be of greater value than was first sworn to, pursuant to the 55 Geo. III., c. 184, s. 42. Interest upon the amount of the duty on such affidavit at the rate of 5 per cent, per annum from the date ot the grant, or from such subsequent date as the Commissioners mny, in the circumstances, think proper, must also be paid, and for payment of this interest a warrant will be issued by the probate duty clerk. When the affidavit has betn examined and approved of and the interest has been duly paid, the necessary certificate will be written on the grant. 7. In cases where too much duty has been paid, the affidavit can be presented at the Legacy Duty Office (1) at any time during the administration of the estate, so far PRACTICAL FORMS. 447 In the goods of {the deceased), deceased. I, {x) (the executor), of, &c., Grocer, make oath (y), and say as follows : — 1. A grant of probate of the will (z) of (tJie deceased), late of, &c., Grocer, deceased, who died at D. aforesaid ^a) on the day of — — , 18 — , was made to me (h) by the Principal (e) Registry of the Probate Division of the High Court of Justice in England, on the day of , 18 — , and it appears by the certificate thereon of the proper officer of the Court, as the fact is, that an affidavit in verification of the account of the deceased's estate has been delivered, duly stamped, and it is stated that the gross value of the said estate amounts to £ .^. 2, Within the last six months it has been discovered that the per- sonal estate and effects of the deceased chargeable with stamp duty are of greater amount than the amount in respect of which the said affidavit has been stamped — (A) (d) partly by reason that some portion of the said estate and effects has since the date of such affi- davit been found to be of greater value than the value originally attributed thereto — (B) and partly by reason of the discovery of additional estate and effects — (C) and partly by reason that the deduction for debts and funeral expenses was to some extent made erroneously (e). as regards a mistake in the value mentioned in the certificate of the officer of the Court of Probate ; (2) at any time within thrte years after the grant or within such further period as the Commissioners may allow, so far as regards a mistake in the value upon which the duty has been paid, either by reason of no amount or an insufficient amount having been deducted on account of debts and funeral expenses, but if it shall appear that too little stamp duty has been paid in consequence of the effects having been estimated by mistake at less value than they really were, appli- cation must be made in the Probate Duty Office in order to pay the additional duty, before the return of duty on the ground of debts can be granted. 8. Upon the claim being estabhshed, and all legacy and succession duty then due having been paid, the warrant for the return of probate duty will be delivered. No fees or gratuities are to he taken by any officer or clerk at the Inland Revenue Office, for anything done by him in pursuance of the foregoing regulations, but the whole business to be done there is to be free of expense. (x) Or, if several executors, — we. Here state the names, residences, and de- scription of each executor. If described in the will, follow that description ; but if changed or incorrect, give the proper description, adding — in the will described as of, &c. {adding that description). (y) If the deponent be a Quaker, instead of " make oath," substitute — solemnly aflSrin. (2) Or, — letters of administration — if so, — with the will annexed. (a) Or, — at D. in the city — or, in the parish of C. in the covuity of S. (b) Or,— us. (c) Or, — district. {d) Adapt these parts to the circumstances of the case, striking out such parts as are unnecessary. (e) If too much duty has been paid, instead of paragraph 2 insert the following — The estate is stiU under administration, and it has been discovered that the value mentioned in the certificate of the officer of the Court exceeds the true value of the personal estate and effects of the deceased, and that consequently too high a stamp duty was paid on the said affidavit — (A) (^d) partly by reason that some portion of the said estate and effects has, since the date of such affidavit, been found to be of less 448 PRACTICAL FORMS. 3. The account hereto annexed is a true account of the value of the personal estate and effects of the deceased, in respect of which the stamp duty has been paid on the original affidavit as aforesaid, and of the particulars and value thereof as since found and dis- covered, and of the mode in which, and the time when, such finding and discovery were made, and of the debts and funeral expenses erroneously deducted (/). 4. The said debts are due to persons resident within the United Kingdom whose names and addresses are given, and are payable by law out of the personal estate and effects comprised in the account hereto annexed, and are not nor are any of them voluntary debts made payable on the dciith of the deceased, or voluntary debts pay- able under some instrument delivered to the donee thereof within three mouths before the death of the deceased, or debts which are primarily payable out of any real estate belonging to the deceased, or debts in respect whereof a reimbursement is capable of being claimed from any real estate of the deceased or from any other estate or person whatsoever. 5. It now therefore appears that under the circumstances a stamp duty of £ is chargeable in respect of the personal estate and effects of the deceased according to the true value thereof as now found and discovered, all which is submitted to the Commissioners of Inland Revenue, praying that the sum of £ , being the amount which, with the duty of £ previously paid on the said affidavit, will be sufficient to cover the said duty of £ properly chargeable ; and also the further sum of £ , being interest thereon at the rate of £5 per cent, per annum from day of , 18 — , may be accepted in discharge of the same (^7), and that the certificate on the said grant may be rectified as the law directs. All which is true to the best of my {h) knowdedge and belief. Sworn (i), &c. (as in Part II., No. 1). (Sir/7iature.) value than the value originally attributed thereto — ("B) and partly hy reason of the discovery that some part of the said estate and effects did not belong to the deceased ■ — (C) and partly by reason (1) that hitherto no deduction has been made for debts and funeral expenses or (2) that the amount deducted on account of debts and funeral expenses is insufficient. (/) Or (if omitted) — omitted to be deducted. {(J) If too much duty lias been paid, here insert — that the sum of £ .being the amount of duty overpaid, may be returned to me — or, us — o?-, to Mr. A. B., of. &c. — or, to Messieurs A. B. and Son, Solicitors — or, my — or, our agent — or, agents, whose jeceipt shall be a sufficient discharge for the same. (ji) Or, — our. (i) Or, — solemnly affirmed. PRACTICAL FORMS. 449 Gross value of estate as shown by Account No. 1 annexed to the original affidavit dated ... £ 500 8. d. Aggregate amount of debts and funeral expenses therein dec lucted «• • ■ • 30 10 Net amount upon which stamp duty was paid 469 10 Here state (Ji). Effects undervalued : — A steam-engine ... Growing crops £ 30 50 s. d. Effects omitted : — A debt due on bond (then unknown) for 50 Debts or funeral expenses improperly deducted ... 30 10 Effects overvalued or not belonging to the deceased 10 10 1 Debts and funeral expenses in respect of whicli no deduction has hitherto been made, as per schedule annexed ... 5 To he signed hy the executor making oath or affirmation. 17fi n £293 ' 10 Note. — Stamp duty chargeable according to the true value of the estate is... Deduct the stamp duty previously paid on affidavit Stamp duty payable on this affidavit is Interest thereon from date of original affidavit is Amount to be paid is £ 8. 30 10 25 5 10 3 1 10 £10 Stamp dnty previously paid on affidavit is Stump duty chameable according to ihe true value of the estate after deducting the debts and funeral expenses as per annexed account is £ 25 15 s. d. Amount to be relumed is £10 (k) Here state the circumstances under which the mistake was made. And if there should not be sufficient room in the form, state them on a separate sheet, and annex it as a schedule. 2 G 450 PRACTICAL FORMS. PAET LIII.— STAY OF PROCEEDINGS. No. 1. Affidavit of Consent to Judge's Order for a Stay of Proceedings (m). 18—, No. In the High Court of Justice. Queen's Bench Division. Between , plaintiff, and , defendant. I, {deponent), of, &c., one of the solicitors of the Supreme Court, make oath and say as follows : — 1. That a written consent was given by the above-named defen- dant on the day of , 18—, to a judge's order for judgment herein, a true copy of which order, with a true copy of the said con- sent endorsed thereon, is hereunto annexed, and marked . 2. The said defendant is a {n), and resides at (o). SwoEN, &c. {as at Part II., No. 1). PART LIV.— SUMMONS. No. 1. Summons [General Form). 18— . In the High Court of Justice. Division. Between , plaintiff, and , defendant. Let all parties concerned attend the Judge (or Master) in chambers [Central Office, Royal Courts of Justice, Strand, London], on day, the day of , 18 — , at o'clock in the -noon. Dated the — — day of , 18 — . This summons was taken out by , of , solicitor for . To . (m) This must be filed within twenty-one days of the order being obtained ; see Debtors Act, 18G9, ss. 27, 28. For form of consent, see Part XIX., No. 3, p. 181. (n) State occupation. (o) State residence. PRACTICAL FORMS. 451 No. 2. Summons {General Form of Originating). 189—, No. . In the High Court of Justice. (^;) Division {q). Between , plaintiff, and , defendant. Let , of , in the county of , within eight days after service of this summons on h — , inclusive of the day of such service, cause an appearance to be entered for h — to this summons, which is issued upon the application of , of -, in the county of , who claim to be (r) for the determination of the following questions (s). Dated the day of , 189 — . This summons was taken out by , of , solicitor for the above-named . The defendant may appear hereto by entering appearance either personally or by solicitor at the Central Office {t) Royal Courts of Justice, Note. — If the defendant does not enter appearance within the time and at the place above-mentioned, such order will be made and proceedings taken as the judge may think just and expedient. No. 3. Summons {Originating not inter partes). 18— No. . In the High Court of Justice, (u) Division. In the Matter of the Trusts of the Will of A. B., and In the Matter of the Trustee Act, 1893 {x). Let , of , in the county of , within eight days after service of this summons on h — , inclusive of the day of such service, cause an appearance to be entered for h — to this summons, {■p) If in the Chancery Division, add the name of the judge to whom the matter is assigned. (2) If the question to be determined arises in the administration of an estate or a trust, entitle it also in the matter of the estate or trust. (?•) State the nature of the claim. (s) State the questions. {t) Or, — Admiralty Eegistry {if so). \u) If in Chancery Division, add name of judge to whom matter is assigned. (cc) For headings according to various Acts see Table drawn up by Mr. Hawkins. 452 PRACTICAL FORMS. which is issued upon the application of , of , in the county of , for an order that {state the object of the aiJjplication). Dated the day of , 18 — . To . This summons was taken out by, cl'C. {as in last form). No. 4. Form of Ex loarte Originating Summons. 189— B. , No. . In the High Court of Justice. Chancery Division. Mr Justice . In the Matter of A. B., an infant (or as may he). Let all parties concerned attend at the chambers of Mr. Justice , at the Eoyal Courts of Justice, Strand, Middlesex, at the time specified in the margin hereof, on the hearing of an application on the part of the above-named A. B., an infant, by C. D., his next friend, &c. This summons was taken out by , of , in the county of (or agents for , of , in the county of ), solicitors for the applicant. PART LV.— UNDERTAKING {ij). No. 1. To Pay a Commission. {Place.) {Date.) SiK, If the proposed loan of £ , or any larger or smaller amount, is carried out through your introduction, I undertake, when the contract for such loan is concluded, to pay you a sum {z) of pounds by way of commission (a). And this shall be a sufficient authority to the lender to deduct the same out of the sum agreed to be advanced by him to me, unless sooner paid by me. Yours, &c.. To Mr. A. B. C. D. {Address.) {y) For an undertaking as to production and safe custody of title deeds, see ante, " Conditions of Sale," Part XVIII., p. 159, and " Schedules," Part LL, No. 1, p. 438. (z) Or,— that a sum — or, commission— of not less than pounds, shall be paid to you out of such loan — or, the percentage of commission may be stated. (a) Or, — douceur. PRACTICAL FORMS. 453 No. 2. To release a Debtor on Payment of a Co]aposition hj Instalments (h). We, the undersigned, (crefZ«Vors) of, &c., Gentleman, hereby acknow- ledge that we have this day received from {tlie debtor) bills of exchange respectively dated this day — one for pounds, at months' date ; and one for pounds, at months' date ; pay- able to the order of Mr. E. F. ; which bills of exchange, if duly paid, shall be deemed to fully discharge all claims by us, or either of us, upon or against the several parties thereto, or either of them [jointly or separately], either [as contractors (c) or otherwise], in respect thereof, or on any other account whatsoever [relating to, or under or by virtue of a contract for erecting church (or other imrpose), bearing date, &c.]. And we undertake, in consideration ot the giving and full payment of the said bills, when the same shall respectively become due, to give a full acquittance and discharge for our said claims in any way that the said {debtor) may, at his own expense, require ; but in case of the nonpayment of the said bills at their maturity, this acknowledgment and undertaking shall become void and be treated as a nullity to all intents and purposes whatso- ever. Dated this day of , 18 — . {Signatures.) (h) A release on payment of the composition should be by deed with 10s. stamp. The stamp for this agreement under hand only would be Qd. (c) Or, — as executors of the will of G. W., late of, &c., builder, deceased, in respect of a pecuniary legacy of pounds, bequeathed to us jointly by such will. Or, — in respect of our respective shares, as tenants in common, of the residuary estate and effects of the said deceased. Or, — in respect of the estate and effects of the said deceased. Or, — as administrators of the estate and effects of {the intestate), late of, &c., draper, in respect of our respective distributive shares of such estate and effects. 454 PRACTICAL FORMS. PART LVI.— VALUATIONS {d). No. 1. Of Freeholds. I HAVE inspected the freehold property of Mr. C. D.,\ situate at W. in the parish of J)., consisting of a sub- stantial brick-built (e) and commodious dwelling-house [in the Elizabethan style], with convenient offices, yards, coach-house, stable, walled-in garden, orchard, paddock, and acres of rich (/) meadow {g) land and common rights for horses and cows in the marsh at F., all I in his own occupation (Ji) ; and I consider the same to be well worth pounds a year, clear of all deductions [at which sum it is assessed in the assessment under the Property and Income Tax Acts (*)], and the value of bis interest therein [at years' purchase] to be ' d. £- Deductions : — Annual fee-farm rent of £- &c. &c. (jr. O., Builder [or, Surveyor]. {Place and date.) No. 2. Of Copyholds. I HAVE inspected the copyhold property of Mr. C. D., situate at D., called " Deans," consisting of a substantial brick-built dwelling-house, new built barn, stable, cart- house, &c. (h), and acres of good arable and pasture land in the occupation of A, B., and held for healthy lives, aged about and , under the Manor of G.(/), ' and I consider the same to be worth [at least] pounds a year, clear of tithes, tenant's rates and taxes, and the value of his interest therein [at years' purchase] to be d. G. S. {as above). £- (d) Valuations made for the information of one party only, and not being in any manner obligatory as between parties, either by agreement or operation of law, are exempt from stamp duty. (e) Or, — stone-built. (/) ^*') — excellent. (g) Or, — pasture. (h) Or, — in the occupation of Mr. A. B., a respectable yearly tenant, at the rent of £ , or, partly let at £ per annum. (i) Valuations for the Inland Kevenue Department must show the amount at which the property is rated under the Property and Income Tax Acts. By the Finance Act, 1894, s. 7, sub-sec. 5, the principal value of any property is the price it would fetch if sold in the open market at the time of the death of the deceased, but in the case of agricultural property, in the absence of special circumstances, is not to FB ACTIO AL FOBMS. 455 Deductions : — Property tax Lord's rent Life insurance Fire „ Repairs d. per ann. J? 5> Total .. Note. — A heriot of ...£- - - — is payable in respect of the copyhold on the dropping of each life. No. 3. Of Leaseholds. One leasehold house, No. , High Holborn, London, held for — years, now let, per annum, at the residue of an absolute term of Deductions : — Ground rent Repairs Land tax Fire insurance This, at years' purchase, gives d. £- - - I have surveyed the above property this and value the same at the sum of £ ( pounds) day of , 18- {Tlie Surveyor), Land Surveyor. {Address.) No. 4. Of a Life Policy. The value of a policy for £ on the life of a person aged to a legatee, aged , at the testator's decease (on the day of , 18 — ), the premium now payable being £, , would be £_ _ - The premium paid being ... ... £ - - - The difference being ... ... ... £- - - I therefore value the policy at £ . A. B. Actuary. exceed twenty-five times the annual value as assessed under Schedule A of the ucome Tax Acts, after a deduction of 5 per cent, for expenses of management. (A;) If so, — let at £ a year. (7) Or, — under the Earl of S. — or, W. E., Esquire. 456 PRACTICAL FORMS. No. 5. Of Personal Property. An inventory and valuation of the household furniture and effects of Mr. A. B., of, &c., who died on the day of instant. Live Stock. 14 horses ... 6 cows 13 pigs 500 Southdown ewes at 10 two- tooth rams Poultry £ d. per head Dead Stock. &c. 6 waggons 10 ploughs &c. Crops. 12 ricks of wheat 12 Do. barley 10 Do. oats . 6 Do. hay Corn and hay in the barn and yards 6 coats &c. Wearing Apparel. &c. Household Furniture. In the Kitchen. — 1 clock &c. &c. Diniiig Room. — 1 Turkey carpet &c, &c. Drawing Boom. — 1 Brussels carpet &c. &c. Lease for years, from Michaelmas, IS — , of testator's dwelling-house, at pounds per annum, subject to the annual rent of pounds taxes and pther outgoings &c. &c. &c. I value the whole of the above at £- shillings and pence). (- pounds CD. Sworn Appraiser (m). (Place.) (Date.) (m) If the valuation be made for Probate or Administration, the person valuing need 7iot be a licensed or sworn appraiser, nor is any stamp on the valuation PRACTICAL FORMS. 'iST PART LVII.— WARRANTS OF ATTORNEY {n). No. 1. To Confess Judgment. To A. B. and C. D., Gentlemen, Solicitors of the Supreme Court, jointly or severally, or to any other solicitor of the same Court. These are to desire and authorize you the solicitors above named, or any one of you, or any other solicitor of the Supreme Court, to appear for me {the debtor), of, &c., Gentleman (o), in the — Divi- sion, or any otner Division of the High Court of Justice, forth- with, and tJien and there confess a judgment against me [my heirs, executors, and admmistrators,] in an action lor £, lor money found to be due aud payable Irom me [usualhj double the amount of the debt actually due Q^j], at the suit of the said (creditor), Ins executors or administrators or assigns, and to suffer the same to be thereupon entered up against me ot record of the said court, for the sum of pounds, besides cost of suit. And I, the said (debtor) (q), do hereby further authorize and empower you, the said solicitors, or any one of you, after the said judgment shall be entered upas afore- said, for me (r) and in my name (s), and as my act and deed (t), to sign, seal, and execute a good and sufficient release in the law to the said (creditor) his heirs, executors and administrators, of all and all manner of appeals or proceedings by way of appeal, and all benetit and advantage thereot, and of ail defects and imperfections whatso- ever, had, made, committed, done, or suffered, in, about, touching, or concerning any proceeding whatsoever, of, or, in any way, concerning the same. And for what you, the said solicitors, or either of you, shall do, or cause to be done, in the premises, or any of them by virtue hereof, this shall be to you, and every of you, a sufficient warrant and authority. necessary. An appeal from the Commissioners to the Court, which may be referred by It to sworn valuers to be appointed by the Couuty Couucil, is provided by the I'mance Act, l«9-i, s. 10. • ,, <■ n («) Warrants of attorney and cognovits to confess actioas have practically fallen into disuse, as they are superseded by the simpler and quite as effective mode ot procedure by orders lor judgment by consent and upon terms: see " Consents," Part XIX., Ku. D, ante, p. ISl, and affidavit, Part LIII., No. 1, p. 450. ^o) Or,— us, E. F., of, &c., Grocer, and G. H., of, &c., Tailor, or either of us. /p^ Qr^ — II lor money due un bund, UouLle the amount lor which is givun, — here adding — on a certain bond or obligation made and entered into by me — or, us — the said [debtor)— or, {debtors)— [and, if with a surety— L. M.], in the penal sum of _- pounds— or, for goods sold and delivered to me by the said {creditvrj—or, for so much money borrowed by me— or, due and owing from me — or, us— to the said creditor — at the suit, &c. («s above). {q) Or, — we the said (debtors). (r) Or, — for us. (s) Or, — our respective names. (t) Or, — our respective acts and deeds. 458 PRACTICAL FORMS. In witness whereof I {u) have hereto set ray hand and seal (a?) this day of , 18— (^z). ^, ^ , x {The Debtor.) (l, s.) Signed, sealed, and delivered by thex above-named (debtor) in my presence ; and | I declare myself to be the solicitor for thel (^goUQitor's signature.) said {debtor) expressly named by him, and/ tliat 1 subscribe my name as such his soli-l citor {z). No. 2. Defeazance thereon (a). A. B. ] Memorandum, that the within (b) warrant of attorney is V. \ given to secure the payment from the within-named {debtor) C. D. ) to the within-named {creditor) of the sum of pounds [witli interest] on the day of next (c). And it is hereby agreed by and between the said parties, that {if so agreed) judgment shall be forthwith entered up in pursuance of the within {d) warrant, but no execution shall issue thereupon unless and until default shall be made in payment of the said sum of pounds and interest on the day above-named. And also that in case default shall then be made in payment thereof it shall be lawful for the ^Oixdi {creditor), his executors, administrators, or assigns, to sue out execution for the whole sum which shall be then due, together with sheriff's poundage, officers' fees, costs of levying, and all incidental costs and expenses of and attending the same [notwithstanding the said {debtor) shall be then dead]. And in case any execution shall be issued out on or by virtue of the said judgment the said {debtor), his executors {u) Or, — we. (x) Or, — our respective hands and seals. {y) The warrant must be staniiied according to the amount of the security. See schedule to Stamp Act, 1891, under heading " Mortgage." , o t t (z) See the Debtors Act, 1869, ss. 24 and 26, and Lindley v. Girdler, 13 L. J. (N. S.) Q. B. 53. For a form of affidavit of the execution of the warrant of attorney, see' post Form No. 4. A cognovit or warrant of attorney or a copy thereof must be filed in the Bills of Sale Department, E. C. J., within 21 days after its execution. (a) The defeazance does not require a separate stamp to that upon the warrant. (6) Or,— foregoing. _ ^ „ • (c) Or, if made payable by instalments — on the days and m manner following, namely, the sum of pounds, part thereof, with interest for the same, on the day of '- next, the further sum of pounds, other part thereof, with interest for the same, on the day of next, and the further sum of pounds, residue thereof, with interest for the same, as aforesaid, on the day of [which will be in the year] one thousand eight hundred and . If a bond be given, here add- according to the condition of a certain bond or obligation made and entered into by the said {debtor) with the said {creditor), and bearing even date with these presents. {d) Or, — foregoing. PRACTICAL FORMS. 450 and administrators shall he, and is and are hereby pretduded from institutin;^ any proceedings whatever or other means for the purpose of defeating or reversing the said judgment or for delaying or impeding any such execution as aforesaid in anywise iiowsoever. As WITNESS our hands tbe day of , 18 — . {Signature of Debtor and Creditor.) Witness {Signature). No. 3. Defeazance on Warrant of Attorney for securing Payment of Bills of Exchange. Whekeas the within-named {debtor) is justly indebted unto the within-named {creditor) in the sum of £ for goods sold and delivered ; for part of which the said (debtor) has accepted (e) the three bills of exchange specified in the schedule hereunder written drawn upon him by the said (creditor). And whereas the first of the said bills for £ has been dishonoured and the said {creditor) has applied to the said (debtor) and insisted upon his immediately paying the same or giving him security by his warrant of attornev with such defeazance as is hereinafter expressed as well for the said sum of £ as for the remainder of his said debt ; And the said (debtor) not being able immediately to pay the said sum of £ has consented to give such security accordingly. Now the within - written warrant of attorney is given for securing to the within-naraed (creditor), his executors, administrators and assigns, the payment of the said sum of £ in the manner hereinafter mentioned, namely £ and the interest thereon at the rate of £ per cent per annum, to be computed from the day of this instant month of (being the day on which the first-mentioned bill became due), on the day of this instant ; the further sum of £ with interest thereon after the rate and to be computed as aforesaid on the — — day of next (being the day on which the second bill mentioned in the schedule hereunder written will become due) and in discharge of such bill ; and the further sum of £ with interest after tlae rate and to be computed as aforesaid on the day of next (being the day on which the third bill mentioned in the said schedule will become due), and in discharge of such bill • and the remaining sum of £ [with interest after the rate and 'to be computed as aforesaid, on the day of next]. And in case default shall be made in payment of any one or more of the said sums of £ , £^^, £ , and £ , or any part thereof on the respective days or times hereinbefore mentioned for payment thereof respectively, then judgment may thereupon or at any time thereafter be signed and an execution or executions may be issued for the whole (e) Or,— endorsed the bills of exchange specified in the schedule hereunder written and drawn by the said {creditor) upon and accepted by (a third party). 460 PBAQTICAL FORMS. of the said sum of £ and the interest, or of such part thereof as shall not then have been actually paid [and notwithstanding the said second and third bills of exchange or the said sum of £ mentioned in the said schedule or either of them shall not then have become due (but in such case rebating interest on the amount of such of the said bills and £ as shall not then have become due from that time up to the time of their arriving at maturity)], with the costs of such judgment, writ and writs of execution, sheriff's pound- age, officers' fees, and all other incidental charges and expenses whatsoever. Dated this day of , 18 — . {Signatures, see iweceding form.) The Schedule referred to in the foregoing Dei'eazance. Date of bill. Amount of bill. When due. 6th June, 18—. &c. £ 500 &c. 1 d. 9tli October, 18—. &c. No. 4. Affidavit of Execution of Warrant of Attorney {/). 18—, — , No. — In the High Court of Justice. Queen's Bench Division. Between — , plaintiff (g), and -, defendant. I, {the solicitor), of, &c., Gentleman, one of the Solicitors of the Supreme Court, make oath and say as follows : — 1. The warrant of attorney hereunto annexed {h) bears date and was executed by the above-named , defendant, in my presence on the day of instant {i), and the name {solicitors name) set and subscribed as that of the witness attesting the signature of the said defendant thereto is in my handwriting. Sworn, &c. (as in Part II., Form No. 1). {Signature.) (/) See 3 Geo. IV. c. 39, s. 1, and the Debtors Act, 1869, s. 26. Fee on filing, 2s. M. {g) It is not essential that the affidavit be also intituled in the cause, if intituled in the Court. (h) Or, — The original warrant of attorney, of which the annexed is a true copy. (^) Or, — last. PRACTICAL FORMS. 461 PART LVIII.— WILLS. No. 1. Affidavit by an Attesting Witness of the due Execution of a Will or Codicil dated cfter ^\st Decemher, 1837. In the High Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The District Registry {h) at D. In the goods of A. B., deceased. I, {the deponent), of, &c., Grocer, make oath that I am one of the subscribing witnesses to the last will and testament (Z) of {the tes- tator), late of, &c.. Maltster, deceased, the said will {I) being now hereunto annexed bearing date , and that the said testator executed the said will (Z) on the day of the date thereof by signing his name at the foot or end thereof (m) as the same now appears thereon, in the presence of me and of W. D., the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will (Z) in the presence of the said testator. Sworn, &c. {as in Part IL, Form No. 1). {The Deponent.) No. 2. Affidavit by an Attesting Witness verifying Alterations in a Will before Execution. In the, &('. {as in pi'eceding form). I, {the deponent), of, &c., Grrocer, make oath and say that I am one of the subscribing witnesses {n) to the last will and testament (o) of C. D., late of, &c.. Maltster, deceased, the said will {p) being now hereunto annexed, bearing date, &c. {q), and having viewed and perused the said will, and particularly the attestation clause there- to (r), I make oath and say that the word " " was interlined in the line of such attestation previous to the signing thereof by {k) Or, — The Principal Registry. {T) Or, — codicil. (m) Or, — in the testimonium clause thereof. Or, — in the attestation clause thereto (as the case may he), meaning and intending the same for his final signature to his will, (n) Or, — one of the attesting witnesses. (o) Or, — codicil — or, to the last will and testament and codicil. Or, — to the first, second {or other) codicil to the last will and testament. (p) If so — and codicil. (5) Or, — the said codicil bearing date, &c., and the said will bearing date, &c. (r) Or, wherever the alteratiuns may be, e.g. — and having particularly observed the words interlined between the and lines of the sheet of the said will. 462 PRACTICAL FORMS. me and G. H., the other subscribed witness thereto (s). And 1 further make oath and say that the will {t) was executed on the day of the date thereof by the said C. D. {u) ; and that the signature of the said testator was set by him {x) in the presence of me and of the said G. H., both of us beino; present at the same time, arid we thereupon attested the said will in the presence of the said testator. SwoKN, &c. {as in Part 11., Form No. 1). {The Bei^onent) No. 3. Affidavit hy an Attesting Witness as to Alterations made in a Will after the Execution thereof. In the, &c. {as in Form No. 1, supra). I, {the deiwnent), of, &;c. {as in the last form down to " bearing date, &e.," and then iwoceed) ; and having now referred to the said will {t), and particularly to the following insertions, interlineations, and alterations therein, namely, in the first sheet the words "W. O., of the parish of C, in the county of K., Carpenter," appearing to be an after insertion in blanks left for that purpose in the and lines; the words and obliterations "F. J., in the parish of D., in the said county of K., Grocer," appearing to be an after insertion in blanks left for that purpose in the and lines ; the words " " interlined between the said and lines above the said obliterated word " "; the words " " interlined between the and lines ; the mark " x " made below the said line and separating the words " " and upon the words " " written on an erasure at the end of the line; the words " " interlined between the and lines above the obliterated word " " in the said line ; the word " " interlined between the and lines above the obli- terated words " " in the said line, the words " " appearing to be an after insertion in the blank left for that purpose iu the line of the said sheet. In the second sheet of the said will, the word " " interlined, &c. {as above). In the last sheet of the said will the words " " and " " appearing to be an after insertion, &c. {as above). And I further make oath that the said recited insertions, interlineations, and alterations were so made in the said will after the execution thereof. Sworn, &c. {as in Part 11., Form No. 1). {The Deponent.) (s) Or, — that the said recited interlineation was written and made in the said will previously to the execution thereof. {t) Or, — codicil. (u) Or, if signed by the diiectioo of the testator— that the signature of the said testator, by the said E. F., was acknowledged by him the said testator. (x) Or,— 'by E. F., in the presence and by the direction of the said testator. PRACTICAL FORMS. 463 No. 4. Affidavit hy an Executor as to Plight and Condition and Finding of a Will. In the, &c. {as in Form No. 1, supra). I, (the deiwnent), of, (tc, make oath {y) that I am the sole executor named in the paper writing now hereunto annexed, purporting to be and contain the last will and testament of {the testator), late of , in the county of , deceased, who died on the day of , at , and had at the time of his death a fixed place of abode at , within the district of (z), the said will bearing date the day of , and having viewed and perused the said will, and particularly observed (a) , I, the deponent, lastly make oath that the same is now in all respects in the same state, plight, and condition as when found (b) by me as aforesaid. SwoEN, &c. {as in Part II., Form No. 1). {The Beponent.) No. 5. Affidavit of the Execution of a Will hy a Marksman (c). In the, &c. {as in Form No. 1, supra). I, {the deponent), of, &c.. Grocer, make oath and say {d) : That I am one of the subscribed witnesses to the last will and testament (e) of the said {deceased), late of, &c.. Draper, deceased ; the said will {e) being now hereunto annexed, bearing date the day of , 18—. 1. And I further make oath and say that the said testator (/) duly executed the said will (e) on the day of the date theieof by making his mark at the foot or end thereof as the same now appears thereon, in the presence of me, the said {deponent), and of {the other {y) Or, — solemnly, sincerely, and truly declare and affirm. (z) Omit if in tlie Principal Registry. (a) Here recite tlie various obliterations, interlineations, erasures, and alterations (if any), or describe the plight and condition of the will, or any other matters requiring to be accounted tor, and set forth the finding of the will in its present state, and, if posbible, trace the will from the possession of the deceased in his lifetime up to the time of making the affidavit. (6) Or, as the case may be. (c) By the Rules of the Probate Division of the High Court (Rule 71) the wills of illiterate persons are not to be admitted to probate until the Registrar is satisfied that the will was read over to the testator before its execution, or that the testator had at such time knowledge of its contents. {d) Or, — solemnly affirm. (e) Or, — codicil. (/) Or, — testatrix. 464 PRACTICAL FORMS. witness), the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will in the presence of the said testator. 2. And I further make oath, that previously to the execution of the said will by the said testator, the same was read over to him by me {g), and he, the said deceased, at such time seemed thoroughly to understand the same {h). Sworn, &c. {as in Part II., Form No. 1) {i). {Signature). {g) Or, — by {the other witness) in my presence — or, by himself in my presence — or, as the case may be. {h) Or, — had full knowledge of the contents thereof. («■) If this affidavit be sworn before a different commissioner from the one swear- ing the executor, the will must be signed by him also. ( 465 ) APPENDIX OF OFFICIAL FOEMS. List of Forms under Bankruptcy Acts, sold in Boom 59, Bankruptcy Buildings. N.B. — The charge for these forms is ^d. each, except where otherwise specified. The forms considered of sufficiently general use to he inserted in this work are distinguished hy an asterisk (*). The Bankruptcy Act, 1883. *3. Declaration of Inability to Pay. *4. Debtor's Petition. Paper, ^d. Parchment, 6d. *5. Eequest for Issue of Bankruptcy Notice. *6. Bankruptcv Notice. *7. Affidavit of Service of Bankruptcy Notice. 8. „ on Application to set aside Bankruptcy Notice. 9. Order setting aside Bankruptcy Notice. 9a. „ ,1 upon Security. 9b. „ for Substituted Service of Bankruptcy Notice. 9c. „ under Section 4 (g) and Eule 120 (3). 9d. „ extending Time for Completion of Act of Bankruptcy. 9e. „ Adjournment of Bankruptcy Notice. 9/. Order for Substituted Service of Bankruptcy Notice by Registered Post. 9g. Substituted Service of Bankruptcy Notice. (Notice in Gazette j and Paper). *10. Creditor's Petition. Paper, Id. Parchment, Is. I *11. ,, „ for Administration of Estate of Deceased Debtor under Section 125. Paper, Id. Parchment, Is. *12. Affidavit of Truth of Statements in Petition. *13, ^j ^, „ in Joint Petition. ' 1-1. Application for Interim Eeceiver. *15. Affidavit of Service of Petition. 15a. Order for Substituted Service of Petition. I 156. Affidavit of Search. | 1 od. „ as to Act of Bankruptcy by Declaration of Inability of I Pay. i 2h j 466 APPENDIX OF OFFICIAL FOBMS. *16. SuTostituted Service of Petition (Notice in Gazette). 16a. (3) Order for Substituted Service of Petition by Eegistered Letter or Advertisement. 17. Notice by Debtor of Intention to Oj^pose Petition. 18. Order to Stay Proceedings on Petition. 19. Bond on Stay of Proceedings, &c. Id. 20. Notice of Sureties. 21. Affidavit of Justification. Id. 22. Order of Transfer. 23. Notice of Transfer to tlie Board of Trade and Official Eeceiver. 24. Adjournment of Petition. 25. Dismissal of Petition. 26. Dismissal of Petition when Proceedings stayed. 27. Order restraining Action, &c., before Eeceiving Order. I 28. Eeceiving Order on Debtor's Petition. i 29. „ „ Creditor's „ 29a. „ „ under Section 103 (5) of the Bankruptcy Act, 1883. _ _ ^ 34. Order appointing Time for the Public Examination of the Debtor. 35. Eeport of Eegistrar where Witness Eefuses to Answer. ! 40. Notes of Public Examination of Debtor where Shorthand Writer , is not appointed. I 41. Memorandum of Adjournment of Public Examination. 41a. Order Dispensing with Public Examination of Debtor. 41&. Order as to Examination of Debtor who is Suffering from Mental j or Physical Affliction or Disability. | 42. Order for Administration of Estate of Deceased Debtor. 43. Transfer of Proceedings under Section 125. 45. Order for Summary Administration. ' *46. Statement of Affairs. *46a. Unsecured Creditors. *46&. Creditors fully secured. *46c. „ partly „ *AQd. Liabilities. *46e. Contingent or other Liabilities. I *46/. Creditors for Eent, &c., Eecoverable by Distress. I *41g. Preferential Creditors for Eates, Taxes, and Wages. *46A. Property. *46z. Debts Due to the Estate. i *46y. Bills of Exchange, Promissory Notes, &c.. Available as Assets. j *46/c. Deficiency Account. j *467c. „ „ A. B. & C. '\ *46Z. Statement of Affairs — continued. 1 47. Memorandum of Public Examination. 48. Order of Court that Examination is concluded. J 55. Order of Adjudication. 55a. „ „ after Eeceiving Order under Section 103 of the Bankruptcy Act, 1883. *56. Application to Annual Adjudication under Section 35. 57. Order annulling Adjudication. „ „ *58. Application for Order of Discharg'e. 60. Notice to Official Eeceiver and Trustee of Application for Dis- charge. APPENDIX OF OFFICIAL FORMS. 467 62. Order granting Discharge Unconditional. Paper, Ul. Parchment, U. 62a. Order refusing Discharge. 626. Order suspending Discharge. Paper, \d. Parchment, 6d. 62. 1886 Eules. Order of Discharge. Paper, |(?. Parchment, 6rf. 63. Order of Discharge subject to Conditions. Paper, Ul. Parch- ment, 6f?. 64. Consent of Bankrupt to Judgment being entered for Balance or part of Balance of Provable Debts. 65. Form of Judgment to be entered pursuant to Consent. *656. Affidavit by Bankrupt whose Discharge has been granted con- ditionally as to after-acquired Property or Income. QQ. Certificate of Kemoval of Disqualifications. _ 67. Order on Application to Approve Composition. 68. Application to Enforce Provision in Composition. 69. Affidavit in Support of Application. 70. Order for Enforcement of Provisions in a Composition. 71. Certificate of Approval of Composition or Scheme. *72. Proof of Debt, General Form. 72a. Affidavit as to Petitioning Creditors' Debt. *73. Proof of Debt of Workmen. Id. 82a. Voting Letter. 93. List of Creditors to be used at every Meeting. 94. List of Creditors for use at Meeting held for Consideration of Composition or Scheme. *96. Application to Court to appoint day for approving Composition or Scheme. 97. Application to Court to appoint day for approving Composition or Scheme in a Summary Case. 100. Order of Court for Meeting. *101. Kotice of Meeting (General Form). *105. Notice to Official lieceiver of Application to Court to sanction Composition or Scheme. 106. Affidavit by Special Manager. *107. Notice to Creditors of Meeting to remove Trustee and Ee-appoint, *109. Minutes of Meeting for Eeceiving Trustees' Eesignation. 114. Bequest by Creditor to Board uf Trade to notify Objection to- Trustee (High Court). 116. Eeport of Appointment of Trustee to fill Vacancy. 117. Application for Directions by Trustee. 118. Order on Application for Directions. *119a. Notice to Landlord of Intention to Disclaim Leasehold Property not sub-let or mortgaged. *1196. Notice of Intention to Disclaim Leasehold Property sub-let or mortgaged. *120. Disclaimer without Notice. 120a. Disclaimer of Leasehold Property after Notice to Landlord, Mortgagees, &c. 1206. Disclaimer of Lease with leave of Court. 120c. Notice of Disclaimer without the Leave of the Court. 120d. Notice of Disclaimer of Lease with Leave of Court. 120e. Form of Notice by Landlord or other Person requiring Trustee to bring matter of intended Disclaimer of Property burdened onerous Covenants before the Court. 468 APPENDIX OF OFFICIAL FORMS. 120/. Schedule to Notice when given by Lessor. V20g. Schedule to Notice when given by the Mortgagee or Assignee. 121. Notice of Transfer of Separate Estate to Joint Estate. 122a. Certified List of Proofs filed under Eule 225, Bankruptcy Eules, 1886, and Application for Issue of Cheques for Dividend on Bankruptcy Estates Account. Id. 122&. Certified List of Proofs filed under Eule 225, Bankruptcy Eules, 188G, Local Bank Case. *123. Notice of Intention to declare Dividend. *124. Notice to declare Final Dividend. 127. Application for Order to pay Dividend withheld. 129. Affidavit verifying Trustee's Account. 132. Affidavit verifying Trading Account. 132a, Statement of Accounts under Section 17 of the Bankruptcy Act, 1890. 133. Notice to Bankrupt under Section 53. 134. Order setting aside Pay under Section 53 (l). 135. „ Income, &c., under Section 53 (2). 136. Application to Board of Trade for Account at Local Bank. 138. Notice to Creditors of intention to apply for Eelease. 139. Application for Eelease to Board of Trade. 140. Eequest to deliver Bill for Taxation. 141. Allocatur, Ex parte. 141a. „ Party and Party. 1416. „ for Costs of Debtor's Petition. 141c. Certificate of Taxation (Allocatur, old Act). 144. Admission of Debt by Debtor of Bankrupt. 145. Order to pay admitted Debt. 146. Search "Warrant. 147. Warrant of Seizure. 148. Warrant against Debtor about to quit England, &c. 149. Subpoena ad Test (High Court). 150. Subpoena Duces Tecum (High Court). 151. Subpoena or Summons to Witness in County Court. 152. Summons under Section 27. 152a. „ „ „ issued on application of Official Eeceiver and Trustee. 153. Application by Trustee for Committal of Bankrupt or other Person. 154. Affidavit in support of Application for Committal of Debtor for Contemi)t of Court under Section 24. Id. 155. Affidavit of Trustee under Section 50 (6). 156. Notice of Application for Committal under Section 18, 23. 157. Order of Committal under Section 18, 32. 158. Notice of Application for Committal under Section 24. 159. Affidavit of Person interested in a Composition for Committal. 160. Affidavit for immediate Committal under Section 102 (6). 161. Notice of Apjilication for Committal under Section 50 (6). 162. Order of Committal under Section 24, 1 63. „ „ „ Section 50 (6), * 1 64. Warrant of Committal for Contem2)t, 1 65. Warrant to apprehend a Person summoned under Section 24. 166. Order for Discharge from Custody on Contempt, APPENDIX OF OFFICIAL FOIiMS. 4G9 167. Order for Production of Person in Prison for Examination. 168. Order to Postmaster-General under Section 20. 169. Certificate to Speaker of the House of Commons under Section 33. 170. Issues of Fact for Trial by Jury (High Court). 176. Judgment Summons on Judgment or Order. 177. „ „ „ „ for Payment by Instal- ments. 178. Application for Judgment Summons. 179. „ „ „ non-payment by Instalments. 180. Affidavit where Judgment Summons is sought on an Order of I Court not a County Court. 181. Order on a Judgment Summons altering Original Order or Judgment. 182. Order of Commitment on an Order or Judgment of a Court other than a County Court. I 183. Affidavit of Service of Judgment Summons. i 184. Order (General Form). ; 185. Affidavit (General Form). | 186. Common Application. 187. Summons to Witness. Copy of Estate Cash Book. Accounts 2. 2c?. I „ „ „ for filing. Accounts 2&. 2d. The Bankruptcy Act, 1869. 2. Notice of Order of Discharge. 6. Certificate of no Keeeipts or Payments by Trustee. j 7. Affidavit „ „ „ „ in cases where i there is no Committee of Inspection. 23. Dismissal of Petition. 26, Adjudication. 32. Affidavit for Proof of Debt on Bill, 32a, ,, „ „ by Clerk. 35, Minutes of Proceedings at First Meeting, Id. j 36. List of Creditors Assembled to be used at every Meeting. 36a, Continuation of List. 41. Certificate of Appointment of Trustee. 42. Notice in Gazette of the Appointment of Trustee and of Day for Public Examination of Bankrujit. 45. Memorandum of Public Examination of Bankrupt. 46. Notice of Meeting to be held on Eesio-nation of Trustee. 47. Minutes at Meeting for receiving Eesignation of Trustee. 48. Keport and Certificate of Appointment of Trustee to fill a Vacancy in the Office. 4i9, Notice in Gazette of intended Dividend, , 50. Application by Creditor for Order for Trustee to pay Dividend granted and Order thereon. 51a. Notice to Creditors under Section 47, 52, Order on Eeport of Trustee as to the Closing of a Bankruptc}'. 57. Application to Annul Adjudication under Section 28. 58. Order annulling Adjudication under Section 28. 59. Notice in Gazette and Paper of Bankruptcy having been annulled. 60. Apijlication for Eelease by Trustee and Order thereon. 470 APPENDIX OF OFFICIAL FORMS. *61, Notice in Gazette of Day a Bankrupt will apply for liis Discharge. ; 62. Application for Order of Discharge where a Dividend of not less that 10s. has been paid. ! 63. Application for Order of Discharge where the Failure to pay a Dividend of 10s. arose through Negligence or Fraud of Trustee. I 64. Ajiplication for Order of Discharge on a Special Eesolution that 1 the Bankruptcy or the failure to jiay a dividend of 10s. arose from circumstances for which the Bankrupt should not be held responsible. 65. Application for Order of Discharge during continuance of Bank- rujitcy. 66. Memorandum of Application for Order of Discharge. 67. Order of Discharge. Paper, Id. Parchment, Qd. 69. Notice in Gazette of Order of Discharge. 74. Subpoena — London Bankruptcy Court. 83. Application by Trustee for Committal of Bankrupt or other Person. 87. Notice of Application for Committal under Section 19. 88. „ „ „ „ „ 93. i 89. „ „ „ „ „ 28, 126. i 90. Order of Committal under Section 19. , 92. „ „ „ „ 28 or 126. 93. Warrant of Committal of Contempt. ; 95. ,, to Apprehend a Person summoned under Section 96. 109. AflBdavit for Proof of Debt on Bills under Liquidation. 109a. „ „ „ by Clerk „ | 1096. Proxy when not added to Proof under Liquidation. 109c. Affidavit for Proof of Debt by Agent of a Company on Bills under : Liquidation. 120. Affidavit to be used upon Eegistration of a Special or Extra- ordinary Eesolution. ' 121. Certificate of Trustee's Appointment. ! 123. Eejiort of Trustee as to Debtor's Discharge. i 124. Debtor's Discharge upon Liquidation. Paper, |cZ. Parchment, 6(^. 138. Affidavit as to Election of Chairman at Meeting of Creditors. 139. Notice in Gazette of the appointment of Trustee under Liquidation. 142. Affidavit as to Posting Notices to Creditors. 156, Adjourned Examination. 158. List of Creditors who have proved debts. The Bankruptcy Act, 1861. ^ 1. Statement of Accounts. . la. Creditors unsecured. J 1&- „ holding Security. < Ic. Liabilities on Bills discounted. I Id. Accommodation Bills. I le. Creditors to be Paid in full. j If. Debtors over £10. I Ij/. „ under £10. ' ' 111. Property in Possession. V- Property in Eeversion, Eemainder, or Expectancy, Places, Pensions, Eiglits, and Powers. 2. Affidavit for Proof of Debt with Security. ; APPENDIX OF OFFICIAL FORMS. 471 3. (Certificate of Appointment of Creditors' Assignee. 4. Letter of Attorney. 5. Adjudication of Bankrupt — Creditor's Petition. 6. Form of Statement to be filed in Court by every Debtor petition- ing for Adjudication of Bankruptcy against himself, and to be verified by the Oath of the Petitioner under Section 93, 24 & 25 Vict. c. 134. Qa. Ditto continued. 7. Affidavit of Lost Bill. If?. 8. „ of Creditor that he is entitled to Payment of unclaimed Dividend Warrant. 9. Dividend Meetino-. 10. Order for Payment of Money. j 11. Adjournment of Audit. | 12. Order of Discharge. Paj^er, ^d. Parchment, 6(Z. i I Baxkruptcy (Discharge and Closure) Act, 1887. I 1. Application for Order of Discharge. ' 2. Notice to Creditors and Trustee of Application for Discharge. 3. Notice in Gazette of Application for Discharge. 4. Affidavit verifying Transmission of Notices. 5. Order of Discharge. Paper, hd. Parchment, Qd. 6. Notice in Gazette of Order made on Application for Discharge. 7. Notice to the Board of Trade on Application to the Court to Post- pone the close of a Bankruptcy. , 8. Affidavit by Trustee in support of Apjilication to postpone the ' close of a Bankruptcy. 9. Notice to the Board of Trade of Hearing the Application to Post- pone close of Bankruptcy. ' 10. Order on Application to Postpone the close of a Bankruptcy. Bankruptcy (Companies Winding-up) Act, 1890. j *16. Advertisement of Petition. "i 17. Affidavit verifj4ng Petition. | 33. Statement of Affairs (I.) as regards Creditors. 1 33. List A. Unsecured Creditors. i 33. List B. Creditors fully secured (not including Debenture | Holders). ' 33. List C. Creditors partly secured. 33. List D. Liabilities of Companies on Bills Discounted, other than their own Acceptances for Value. 33. List E. Other Liabilities. i 33. List F. List of Debenture Holders. 33. List G. Preferential Creditors for Eates, Taxes, Salaries, and Wages. 33. List H. Property. 33. List I. Debts Due to the Company. 33. List J. Bills of Exchange, Promissory Notes, &c., on hand avail- ] able as Assets. i 33. List K. Unpaid Calls. j 33. List L. List of Founders' Shares. , 472 APPENDIX OF OFFICIAL F0BM8. 33. List M. List of Ordinary Shares. 33. List N. List of Preference Shares. 33 (1). List 0. Deficiency Account. Order made within 3 years of formation. 33 (2). List 0. Deficiency Account. Order made over 3 years after formation. 42. Summons for Persons to attend at Chambers to be examined. 45. List of Contributories to be made out by Liquidator. 45a. First Part. Contributories in their own Right. 45&. Second Part. Contributories as being Eepresentatives of or Liable to the Debts of others. 46. Notice to Contributories of Appointment to settle List of Con- tributories. 47. Certificate of Liquidator of Final Settlement of the List of Con- tributories. 47a. First Part. Contributors in their own Right. 476. Second Part. Contributories as being Representatives ot" or Liable to the Debts of others. 47c. The Second Schedule above referred to. 48. Notice to Contributory of Final Settlement of List of Contribu- tories, and that his name is included. 49. Supplemental List of Contributories. 50. Affidavit of Service of Notice to Contributory. 51. The Schedule referred to in Form No. 50. 54. Notice to each Member of Committee of Inspection of Meeting for Sanction to Proposed Call. 56. Resolution of Committee of inspection sanctioning Call. 57. Notice of Call sanctioned by Committee of Inspection to be sent to Contributory. 58. Summons (General Form). 58a. Summons, General (Double Sheet). 59. Affidavit of Liquidator in support of Proposal for Call. 62. Notice to be served with the Order sanctioning a Call. 63. Affidavit in support of Application for Order for Payment of Call due from Contributories. 65. Affidavit of Service of Order for Payment of Call. 66. Proof of Debt; General Form (IcZ.). 68. Notice of Rejection of Proof of Debt. 69. Notice to Creditors of intention to Declare Dividend. 70. Notice to Persons Claiming to be Creditors of Intention to declare Final Dividend. 71. Statement to accompany Notice of Application for Release, 72. Notice of Dividend. 75. Liquidator's Statement of Account. 75a. 79. Application by Liquidators to Board of Trade Release. 86 (4). Notice of Intended Dividend. 86 (5). Notice of Dividend. 86 (7). Notice of Releases of Liquidators. APPENDIX OF OFFICIAL FOP MS. 473 Forms in itsefor the Payment of Death Duties. Those inserted in this loorh are distinguished by an asterish (*). INLAND EEVENUE. Estate Duty (under the Finance Act, 1894, 57 & 58 Vict. c. 30). Where the deceased died after the 1st August, 1894. *B — 1. Inland Revenue Affidavit for Probate or Administration : To he used where the gross principal value of the property, Ileal and Personal, in respect of which Estate Duty is leviable on the death of the deceased, exclusive of property settled otherwise than by the will of the deceased, does not exceed £500, except where the gross value exceeds £100 but the net value does not exceed £100, and, if any Estate Duty is payable thereon, the fixed duty of 30s. or 50*\ under s. 16 of the Finance Act, 1894, is to be paid. *A — 4. Inland Revenue Affidavit for Probate or Administration : To be used where the property in respect of which Estate Duty is leviable consists exclusively of personal property situate in the United Kingdom, and passing under the deceased's will or intestacy, except where the net value exceeds £100 but the gross value does not exceed £500. *A — 1. Inland Revenue Affidavit for Probate or Administration : To be used where Form A — 4, B — 1, or Z — 1, is not applicable. *No. 16. Summary of Duty and Interest : To accompany Form A — 4. *No. 17. Summary of Duty and Interest : To accompany Form A — 1. *y 1.+ Inland Revenue Affidavit for Probate or Administration: To be used where the deceased died domiciled abroad, and no property situate in the United Kingdom passed at his death within the meaning of the Finance Act, 1894, but a grant is required in respect of assets which have since been transmitted to this country. *Z l.f Inland Revenue Affidavit for Probate or Administration: To be used where no property chargeable with Estate Duty passed on the death of the deceased, and the grant is solely in respect of property of which the deceased was trustee only. *A 34 (In duplicate) Form to accompany Form A — 1, where the deceased has been dead more than twelve months, and the executor wishes to pay upon the Real i'roperty on delivery of the Inland Revenue Affidavit. *J) 1. (In duplicate) Corrective Affidavit. *C 1. (In duplicate) Original " Account " of property which passed at the death, but the Estate Duty whereon was not paid on the Inland Revenue Affidavit. t Application for tliese Forms must be made direct to the Controller of Legacy and Succession Duties by the parties concerned. X This Form can be obtained from any Collector of Inland Kevenue, or from the Collector of Legacy and Succession Duties. The other Forms can be obtained at any Postal Money Order Office outside the Metropolitan Postal District, or from any Collector of Inland Kevenue, or from the Controller of Legacy and Succession Duties. 474 APPENDIX OF OFFICIAL FORMS. *D — 2. (In duplicate) Corrective Account. *C— 2. (In duplicate) For Settlement Estate Duty on settled property. *C — 3. For second and subsequent instalments of Estate Duty on Keal property. *A — 2. Instructions as to Estate Duty. Legacy Duty. *No. 1. For specific legacies, and for pecuniary legacies payable out of Eeal and Personal Estate where the deceased died prior to 1st July, 1888, or where the deceased died on or after that date payable wholly out of Personal Estate. For shares of residue, where the amount of the residue has been arrived at by a General Account on the Form No. 3, and (in duplicate) for an account supplemental to that account. (See No. 11.) *No. 2. For Instalments of Legacy Duty on Annuities. (See No. 12.) *No. 3. (In duplicate) For General Eesiduary Accounts. No. 8. (In duplicate) For the proceeds of sale or principal value of Keal Property directed by will to be sold, where the deceased died before 1st July, 1888. No. 11. For pecuniary legacies and shares of residue when payable out of a Blended Fund arising- from Eeal Estate directed to be sold and Personal Estate, or when charged on Eeal Estate in aid of Personal Estate. To be used only where the deceased died on or after 1st July, 1888. No. 12. For Instalments of Duty on Annuities where the Annuities are payable out of a Blended Fund arising from Eeal Estate directed to be sold and Personal Estate, or when charged on Keal Estate in aid of Personal Estate, and when the deceased died on or after 1st July, 1888. No. 20.f For small estates under £100 in value, where upwards of £80 is deposited in a Savings Bank or due by a Friendly Society, and a certificate of exemption from Legacy Duty is required, to obtain payment of the money. Succession Duty. *No. 1. For pecuniary legacies payable wholly out of Eeal Estate or the proceeds of sale thereof, where the deceased died on or after 1st July, 1888. *No. 2. For instalments of duty on annuities charged wholly on Eeal Estate by the will of any person dying on or after 1st July, 1888. *No. 4. (In duplicate) For Personal Property under Settlement (in- cluding money charged upon or arising from the sale of Eeal Property, and the proceeds of sale of Church Patronage) where the property is at once taken absolutely, or by different persons in succession all liable to duty at the same rate, and the duty is chargeable upon the capital. (See also No. 1.) t Application for these Forms must be made direct to the Controller of Legacy and Succession Duties by the parties concerned. APPENDIX OF OFFICIAL FOB MS. 475 No. 5. (In duplicate) For Personal Property under Settlement chargeable hj way of annuity, including annuities charged on Eeal Property by deed. *No. 6. (In duplicate) For Eeal Property, including Leaseholds, except where form No. 6 — 1 is applicable. No. 6-1. (In duplicate) For Eeal Property, including Leaseholds, where the deceased died after the 1st August, 189-i, and the successor is competent to dispose of the property within the meaning of 57 & 58 Vict. c. 30. *No. 7. For the second and subsequent instalments of duty on Eeal and Personal Property ; to follow the Form No. 6. No. 7-1. For the second and subsequent instalments of duty on Eeal and Personal Property ; to follow the Form No. 6 — 1. No. 8, (In duplicate) For the proceeds of sale or principal value of Eeal Property directed to be sold or sold under a power. (See also No. 8 under Legacy Duty.) No. 9. (In duplicate) For the cesser of terminable charges upon Eeal Property, including the cesser of dower. No. 10. (In dujilicate) For the proceeds of sale of timber. No. 11. See No. 11 under Legacy Duty. No. 12. See No. 12 under Legacy Duty. No. 19.f (In duplicate) For duty payable in expectancy. This Form is not supplied until a commutation has been agreed to. Application should be made in writing to the Controller of Legacy and Succession Duties, Somerset House, London, W.C, stating the reason for the application (sale or mortgage), the full particulars of the property, the title, the names and dates of birth of the tenants for life and in remainder, and the gross amount of the sale money or the amount of the mortgage. Probate Duty. B. Original Affidavit of Value to lead to Probate or Administration : To be used where the gross Personal Estate is under £100 in value, or where the whole Personal Estate, wherever situate, and without deduction for debts, &c., does not exceed £300 in value, the deceased in either case having died on or before 1st June, 1881. A. Original Affidavit of Value to lead to Probate or Administration : To be used where Form B, Y, or Z is not applicable. Y.f Original Affidavit to lead to Probate or Administration : To be used where the deceased left no Personal Estate in this country. Z.f Original Affidavit to lead to Probate or Administration : To be used where the deceased was merely a trustee and had no Personal Estate of his own. D. Corrective Affidavit of Value: To be used where the grant was taken out on or after the Ist June, 1881, No. 130.t Corrective Affidavit of Value : To be used where the grant was taken out before that date. t Application for these Forms must be made direct to the Controller of Legacy and Succession Duties by the parlies concerned. 476 APPENDIX OF OFFICIAL F0R3IB. Account Duty. C. For duty under 44 Vict, cajx 12, s. 38, & 52 Vict. cap. 7, s. 11, on Personal Property, including Leaseholds, jjassing under Voluntary Settlement, or Joint Tenancy, or as a donatio mortis causa, or as gifts made within twelve months of death, and on policies maintained for the benefit of a donee or assignee. Estate Duty (under 52 Vict. c. 7). E. Statement to be delivered with affidavit A, where the estate and effects ia respect whereof duty is charged on the Affidavit or Inventory exceeds £10,000, and where application for the grant of probate or letters of administration was made on or after 1st June, 1889. F. Statement of the Personal or Movable Property included in an account C, where the value of such property exceeds £10,000. *G. Corrective Statement of Value : To be used where insufficient Estate Duty has been paid on a Form E. No. 13. Statement of Value to be delivered with an account of any succession on the death of any person dying on or after 1st June, 1889, where the value of the succession exceeds £10,000, or where, in the case of Eeal Estate passing under a will or intestacy, the value of the succession, together with the value of any other benefit taken by the successor under the said will or intestacy, exceeds £10,000. No. 14. For the second and subsequent instalments of Estate Duty on Successions. The forms when filled in should be presented personally, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, W.C, or they may be sent there tlirough the post from an Address outside the Metropolitan Postal District. OBSERVE.— Money should not be remitted until the proper accounts have been delivered and the amount payable and the mode of payment have been notified to the parties. Forms in use for Claiming a Return of Duty. Estate Duty (under 57 & 58 Vict. c. 30). *D — 1. For return of Estate Duty on the Inland Revenue Affidavit. *D — 2. For return of Estate Duty paid on an Account. Legacy and Succession Duty. H. The affidavit should be made by the person by whom the duty was paid, and the form should be adapted to meet the circumstances of each case. The stamped receipt for the duty should be annexed, and evidence in support of the claim produced. Forms to lead to a return of duty must be presented pcrgonaUy, or by an agent, at the Legacy and Succession Duty Office, Somerset House, London, W.O., and cannot bo dealt with through the post. APPENDIX OF OFFICIAL FORMS. 477 Probate Duty. D, Where the original grant was taken out on or after the 1st June, 1881. No. 131. f Where the original grant was taken out before the Ist June, 1881, and the return is claimed on the ground of over estimate. No. 132.f Where the original grant was taken out before the 1st June, 1881, and the return is claimed on the ground of debts paid. Note. — Vouchers for the payment of the debts must be produced. Account Duty. H. The affidavit should be made by the person by whom the duty was paid, and the form should be adapted to meet the circumstances of each case. The stamped receipt for the duty should be annexed, and evidence in support of the claim produced. Estate Duty (under 52 Vict. c. 7). *G. To be used where too much Estate Duty has been paid on a Form E. Land Registry. List of forms which are to be obtained (Price 1^. each) at the Stamp Room, Land Kegistry Office, 33, Lincoln's Inn Fields, W.C. Those inserted in this worlc are distinguished hy an asterisk (*). Land Charges Registration and Searches Act, 1888. *1. Application to Register a Writ or Order. *2. „ „ Deed of Arrangement. *3. „ „ Land Charge. *5. „ for an Official Search. *8. „ for continuation of an Official Search. Land Transfer Act, 1875. *1. Application for Registration with Absolute Title. *la. Statutory Declaration by Absolute Owner applying for Registra- tion with Possessory Title. 16. Statutory Declaration by a Person having an Absolute Power of Sale applying for Registration with Possessory Title. Ic. Statutory Declaration by a Person having a Power of Sale with Consent of another Person applying for Registration with Possessory Title. Id. Statutory Declaration by Person who has contracted to purchase Land on his own account appljnngfor Registration with Consent of his Vendor. t Application for these Forms must be made direct to the Controller of Legacy and Succession Duties by the parties concerned. 478 APPENDIX OF OFFICIAL FORMS. *le. Statutory Declaration "by Absolute Owner applying for Eegistra- tion with Possessory Title, with Schedule of Incumbrances. If. Statutory Declaration by a Person having an Absolute Power of Sale applying for Registration with Possessory Title, with Schedule of Incumbrances. Ig. Statutory Declaration by a Person having a Power of Sale with Consent of another Person applying for Eegistration with Possessory Title, with Schedule of Incumbrances. Ih. Statutory Declaration by Person who has contracted to Purchase Land on his own account applying for Registration with Possessory Title with Consent of his Vendor, with Schedule of Incumbrances. *4. Statutory Declaration for Registration with Absolute or Lease- hold Title (to be made after the Examination of Title by the Registrar has been completed). *4a. Statutory Declaration to be made by the Applicant or his Solicitor (if any) after the Registrar has completed his Inquiries into the Title on the Death of a Sole Proprietor of Freehold Land not beneficially entitled. *5a. Instrument of Charge affecting the Whole of the Land comprised in a Title ; with Instructions. *o&. Instrument of Charge affecting only a Part of the Land comprised in a Title ; with Instructions. *8a. Instrument of Transfer of the Whole of the Land comprised in a Title. *8&. Instrument of Transfer of Part of the Land comprised in a Title. *18a. Restriction. *186. Ditto. *18c. Ditto. *21a. Instrument of Transfer of a Charge. *22a. Application to Notify the Cessation of a Charge. *27a. Application to Register a Transmission on the Death of one of Several Joint Proprietors of Freehold or Leasehold Land or of a Charge. *27&. Application to Register a Transmission under the Will of the Sole Proprietor of Freehold Land beneficially entitled. *27c. Application to Register a Transmission on the Intestacy of a Sole Proprietor of Freehold Land beneficially entitled. *2'ld. Application to Register a Transmission on the Death of a Trustee or Tenant for Life registered as Sole Proprietor of Freehold Land. *27e. Api^lication to Register Transmission on the Death of a Sole Pro- prietor of Leasehold Land or a Charge. *30a. Application for Registration of Notice of a Lease or Agreement for a Lease. *32a. Application to Annex Conditions to Land on the occasion of a Transfer of Part of the Land comprised in a Title. *37a. Statutory Declaration verifying the Execution of a Transfer, Charge, or Application by a Company, Corporation, Land, or Building Society, etc. * Application for Registration of a Nominee as Proprietor of Lease- hold Land, and his Consent. * Application with the Consent of another for Registration of Lease- hold Land. APPENDIX OF OFFICIAL FORMS. 479 Schedule of Incumbrances, Leases, etc. Schedule referred to in Charge No. * Application for Eegistration of Leasehold Land, where no Consent& are required. Middlesex Deeds Act, 1891. *1. Memorial of a Deed (inter parties). *2. Memorial of a Deed (poll). *3. Memorial of a Will. *4. Certificate of Satisfaction of a Mortgage. 5. Continuation of Memorial (Follower). * Kequisition for Official Search. INDEX. ABSTKACT OF TITLE schedule of deeds comprised in, 440 ACCOUNT— INLAND REVENUE corrective as to estate duty, 328 form of residuary, 310 for succession to personal property where duty payable on capital, 314 on life interest, 316 to real or leasehold property, 318 for payment of subsequent instalments, 323 estate duty, 324a instalments of estate duty on real property, 326 settlement estate duty, 324 receiver's, heading for, 259 ACKNOWLEDGMENT as to production and safe custody of deeds, 183, 438, n. (n) (o) of a deed by a married woman, 1 to be enrolled, 2 of another's title to property, 6 of easement belonging to others, 7 of receipt of bills of exchange in satisfaction of debt, 5 of mortgage money, 4 of part of ditto, 5 of notice of assignment of life policy, 392, n. (e) of recognizance, 3 of registry of a friendly society, ib. provident society, ib. amendment of rules of a friendly society, ib. of right to lights, 7 walls, ib. statutory, for production of documents, 159, n. (z), ^, 183 ADMINISTRATION affidavit lor Commissioners of Inland Revenue, general, 11 foreign domicil of deceased, 48 personal estate only, 37 small estate, under £500, 40 trust property only, 50 of justification by sureties, 55 of service of summons in Ch. Div., 57 in support of summons in Ch. Div. by creditor, 56 corrective affidavit as to estate duty, 52 stamp duty on letters of, 446 bond, 143 2 I 482 INDEX. ADMINISTRATION— con^mMCf^. endorsement on letters of, 250 notice to claimants other than creditors in administration action, 346 to creditor to produce documents in ditto, 347 to creditor to prove his claim in ditto, ih. to creditors to furnish claims against deceased person (preliminary), 344 (final), 345 pending administration action, 346 oath for administrator, 8 with the will annexed, 10 regulations as to personal application department for grants of letters of adminis- tration, 412, n. (0 AFFIDAVIT (in general) the parties making, 60 the subject-matter — the debt, 61 statement of cause of action in — (special contracts) for arrears of annuity, 62 for freight under a charterparty, 65 for premiums of insurance, 64 for principal and interest due on mortgage, 61 same by assignee, 62 for rent due on lease, 63 upon a judgment, 63 upon a policy of insurance (time), 64 (voyage), 63 (articles of agreement) for debt on award, 65 for money due on bond, 66 on annuity bond, ib. on arbitration bond, ib. for payment of a debt, 65 for premium upon lease, ih. (simple contracts) bills of exchange drawer against acceptor, 67 indorsee against acceptor (foreign), 68 indorsee or bearer against drawer, 67 payee against drawer, ih. payee or indorsee against acceptor, 68 cheques payee or bearer against maker, 70 promissory notes indorsee against indorser, 69 indorsee against maker, ih. on a note payable by instalments, ih. payee against maker, 68 (general subjects) for agistment and for horse keep and stabling, 74 for board and education, 72 and lodging, ih. for demurrage, ih. for double rent, 70 for double value, 71, n. (Jc) for freight, primage, or average, 77 for goods sold and delivered, ih. for hire of liorse and carriage and for standing of carria.i^e, 71 for interest, 73 for money in exchange of property, 70 lent, paid, received, or due on account stated, 73 for passage money, 78 INDEX, 483 AFFIDAVIT (in general) — continued. the subject-matter — the debt — continued. statement of cause of action in — continued. for tithe rent-charge, 7i for use and occupation, 70 for use of dairy, 72 for use of pasture and eatage, 71 for wages or salary, 72 for wharfage and warehouse-room, 71 for work and labour, 73 for work as an agent, ih, as an architect, 75 as a carrier, 77 as a coachmakcr, 76 as a dancing-master, ih. as a factor, 77 as an insurance broker, 78 as a notary, 75 as a nurse, 77 as a schoolmaster, 76 as a shipwright, ih. as a solicitor, 74 as a surgeon and apothecary, ib^ as an undertaker, 75 the form of jurat, 78 sworn in court, ih. at judge's chambers, ih. private house, ih. before a chief clerk, ih. a commissioner, ih. a master, ih. by a blind person, 80 by a deaf or dumb person, ib. by a foreigner, ih. by a marksman, ih. by two or more deponents, 79 on circuit, 78. AFFIDAVIT by administrator, 8 with the will annexed, 10 by annuitant under a bond to prove arrears due, 59 by attesting witness as to alterations in will after execution, 462 before execution, 461 of due execution of, ib. by creditor to prove a debt, 58 by executor for probate, 412 as to plight and condition of will, 463 by parliamentary candidate for relief, 246 by petitioner of withdrawal of election petition, 247 corrective as to estate duty, 52 stamp duties on probate, &c., 446 exhibits, 252, 253 for Commissioners of Inland Kevenue, general, 11 foreign domicil of deceased, 48 personal estate only, 37 small estate, under £500, 40 trust property only, 50 for grounding restraining order on stock, 435 in interpleader proceedings by sheriff', 268 answer thereto, 270 484 INDEX. - 1 AFFIDAVIT— cowimMecZ. ; in interpleader proceedings — continued. \ by stakeholder, 267 , answer thereto, 269 \ in support of administration summons in the Ch. Div. by a creditor, 56 \ of application for bail, 109 ' for removal of judgment or order, 434 i to court for appointment of new trustee, 88 of garnishee order for attachment of debt, 96 ' mayor's jurat to declaration of execution of power of attorney, 406 C of consent to judge's order for stay of proceedings, 450 \ of execution of power of attorney, 406, 411 ] of warrant of attorney, 460 3 of will by marksman, 463 of justification by sureties, 55 I of loss of articles of clerkship, 91 { of service of administration summons in the Ch. Div., 57 ] of bankruptcy notice, 110 ^ petition. 111 J of judge's summons for procuring bail, 108 \ of truth of statements in petition in bankruptcy, 110, 111 ] on registration of a bill of sale, 133 on renewal of registration of a bill of sale, 134 ^ regulations as to form of, 60, n. {a) * under Order XIV. for leave to defend, 304 \ in reply, ib., n. (a) r in support of application for judgment, ib. ^ verifying statement as to after-acquired property, 127 I verifying the debt in bankruptcy, 112 ^ by a surety, 113 i^ of workmen, 114 \ verifying the signature to a consent for entering satisfaction of a bill of sale, 114 I AFFIRMATION S form of, 81 ijl AFTER-ACQUIRED PROPERTY j aflfidavit verifying statement of, 127 AGE declaration as to, 215 for an assurance society, 216 own age, ib. AGISTMENT claim in affidavit for, 74 ANNUITANT. See aho Annuity. affidavit by, to prove arrears due under a bond, 59 ANNUITY claim in affidavit for arrears of, 62 notice of assignment of, 394 APOLOGY demand of, for slander, 229 form of, ib. APPLICATION TO LAND REGISTRY for official search, 272 }'. continuation of official search, 273 '| I 1 INDEX. 485 APPLICATION TO LAND REGISTRY— con08 residuary account, 310 LETTERS OF ADMINISTRATION. See Administration. ^-LICENCE petition for obtaining, for Q.C. to defend prisoner, 402 • to alienate lifeholds and assign leases, 330 1 to use a patented invention, ib. LIFE ASSURANCE i assignment of policy of, 92, 94, 95, 96 j authority to pay amount to mortgagee, 106 to purchaser, ib. < notice of assignment of policy, 393 - by way of mortgage, 392 ! of withdrawal of claim on policy, 395 ' receipt for money payable under, 429 i register of, to be effected, 433 '■ LIGHTS 1 acknowledgment of right to, 7 j 2 K ; 498 INDEX. LODGER declaration by, that tenant does not own goods, 188 MANSION particulars for letting, 421 MARRIAGE declaration of, 209-211 demand by husband of children harboured by wife, 233 MARRIED WOMAN acknowledgment of deed by wife, 1 bond by obligor that she will execute a conveyance on coming of age, 13 notice by husband to poor law guardians of readiness to support, 399 questions to be put to, when acknowledging deed, 1, n. (a) MEMORIAL for having deed stamped without penalty, 441, 442 of a deed inter partes, Middlesex Deeds Acts, 298 poll, 300 will, 301 MERCHANT SHIPPING ACT, 1894 bill of sale of ship, 135 mortgage of ship, 337 particulars for registration of ship, 135 MIDDLESEX DEEDS ACTS— (Land Registry) certificate of satisfaction of a mortgage, 301. forms under, 298-302 memorial of a deed inter partes, 298 poll, 300 will, 301 MINUTES of meeting for receiving resignation of trustee in bankruptcy, 334 of proceedings at first meeting of creditors in bankruptcy, 333 MONEY authority to apply for payment of, out of Chancery pay-office, 102 pay insurance money to mortgagee, 106 mortgage money to third party, 105 purchase money to ditto, ib. receive ditto, ib. bond for payment of, 137 claim in affidavit for money due on account stated, 73 lent, ib. paid, ih. received, ih. declaration to obtain remittance by post of money payable under an order of Supreme Court, 194 MORTGAGE acknowledgment of receipt of mortgage money, 4 part of mortgage money, 5 authority to pay insurance money to mortgagee, 106 mortgage money to third party, 105 certificate of satisfaction of, Middlesex Deeds Act, 301 claim for principal and interest in affidavit by assignee, 62 by mortgagee,61 condition of sale relating to, 161 declaration as to ownership and title-deeds, 222 INDEX. 499 MOETG AGE— con imitecZ. demand of payment by mortgagee, 230, 368 further charge on, 338 notice by mortgagee of assignment of policy by way of, 392 requiring payment of principal, 368 to tenants not to pay rent to mortgagor, 370 by mortgagor of paying of principal, ib. by second mortgagee of equitable charge, 395 of a ship or share of ship, 337 to secure account current, 338 transfer of, ih. receipt by building society, 426 by friendly society, 427 by provident society, ib. reconveyance, 339 register of, 431 statutory form, 334 reconveyance of, 335 transfer of, 335 to trustees, 336 NEW TRUSTEES affidavit in support of application for appointment, 88 appointment of a settlement, 86 will, 87 consent to act as, 180 NOTICE ; by creditor that interest will be claimed, 343 by executor or administrator to creditors before final distribution of assets, 345 j by executors to quit a farm, 361 | by innkeeper of sale of chattels, 342 > by mortgagee to tenants not to pay rent to mortgagor, 370 J by owner to trespasser not to trespass on land, 366 not to trespass on garden or buildings, 367 _ J by renter of rights of sporting to trespassers not to trespass, ib. \ by solicitor to witnesses, 341 : by trustee of intention to disclaim lease, 355 _ j by vendor to purchaser to complete a purchase preparatory to commencing an \ action for specific performance of contract, 397 i by voter of selection in the case of duplicate entries (borough registration), 387 convening second meeting to confirm composition or scheme (bankruptcy), 353 i declaration as to dissolution of partnership, 223 j endorsement of service of, 250, 251 j in bankruptcy, 350 _ j in Gazette of substituted service of bankruptcy petition, ih. ■ _ \ of adjudication in bankruptcj'^, 351 of anticipated nuisance, 364 . of appointment of election agent, 377 | of new trustee of branch of friendly society, 371 I of assignment of annuity, 394 . j of bond debt, 391 i of book debt, ib. j of business and book debts, 390 of life policy, 94, n. (0 i of policy of life assurance (absolute), 393 I (by way of mortgage), 392 to trustee for benefit of creditors, 349 i of change of chief office of building society, 372 of name of building society, ib. 500 INDEX. \ NOTICE— co?^i^•;med 1 of change of solicitor, 341 of surname, 398 ^ of claim and appointment of arbitrator under Lands C. C. Act, 1845, 339 by burgess in borough purely municipal, 388 , by freemen to be given to the town clerk, 387 j by liverymen in City of London, 389 1 in respect of occupation franchise (county registration), 380 municipal borough registration, 385 i (parliamentary) by lodger (county or borough registration), 379 ^ (parliamentary and municipal) to borough registration, 377 ■ to be given to overseers in respect of ownership (county registration), 382 ; of continuation of business by a surviving partner, 342 .] of disqualification of municipal candidate, 376 ' of parliamentary candidate, il. of dissolution of co-partnership, 342 of dividend in bankruptcy, 356 ^ of equitable charge by way of mortgage, 395 of intended action, 227 of intention to declare dividend in bankruptcy, 356 i final dividend, ib. of meeting of creditors in bankruptcy, 353 I to appoint new trustee, 355 I to remove trustee and appoint a person to fill vacancy, " 354 I of municipal election, 375 of objection (parliamentary and municipal) to be given to overseers (borough • registration), 378 i to be given to person objected to i (borough registration), 379 ' to be given to overseers in respect of occupation franchise (county ' registration), 381 to overseers (municipal borough registration), 385 to person objected to (couuty registration), 381 | to persons whose names are in ownership portion of I register (county registration), 384 i to persons whose names are on list of ownership claimants (county registration), ih. ; to secondaries of the City of London, and to clerks of ■ livery companies, 389 i to claim by burgess in borough purely municipal, 388 1 to OAvnership voters to be given to overseers (county registration), 383 to parties inserted in list of the livery, 389 of parliamentary election, 373 of paying off mortgage money, 370 of proceeding to set aside dissolution of provident society, 373 of receiving order in bankruptcy, 351 of registry of instrument of dissolution of friendly society, 373 of resolution appointing trustees to friendly society, 371 of reward oflered for apprehension of depredators, 368 of sale of a copyright, 390 of withdrawal by parliamentary candidate, 377 of claim for a life policy, 395 of objection to county voter, 382 to municijial voter, 380 requiring payment of mortgage money, 368 reviving objection to county voter, 382 to municipal voter, 387 INDEX. 501 ' I t 'NOTICE— continued. ' to arbitrators to appoint an umpire, 340 j to bailiff of county court of landlord's claim for rent, 358 i to claimants other than creditors (administration), 346 to company to stop transfer of stock or receipt of dividends, 343 I to creditor to produce documents (administration), 347 I to prove debt, 58, n. (k) i to prove his claim (administration), 347 to creditors and official receiver of application to Court to sanction composition or scheme in bankruptcy, 354 to creditors of debtor's application for discharge, 357 i of first meeting in bankruptcy, 352 , of petition to wind up company, 348 pending an administration action, 346 i to furnish claims against deceased person (administration), 344 to cut trees overhanging another's premises, 363 to debtor to attend first meeting of creditors, 352 to determine a lease pursuant to a proviso therein, 359 to lessee to repair preparatory to enforcing right of re-entry, 362 to persons attending an auction, of the consequences of purchasing the property, 396 I to poor law guardians of readiness of husband to support deserting wife, 399 < to prevent obstruction of a window, 365 to quit by landlord to tenant from year to year, 359 by tenant to landlord, 360 by vendor on a sale, 361 j to remove building encroachment, 365 ] obstructions and nuisances, 366 I windfalls, 363 ( to repair fences, 362 • j to savings bank of a claim upon a sum invested, 344 I to sheriff of rent due to landlord of execution debtor, 358 to tenant to deliver up possession pursuant to 1 & 2 Vict. c. 74, 360 to witnesses by solicitor, 341 | NUISANCE :' notice of anticipated, 364 ] to remove obstructions and, 366 j OATH. See Administration, Affidavit. to be administered to municipal voter, 243, n. (Z) parliamentary voter, 243 OFFICIAL SEAECH. (Land Charges, &c., Act, 1888.) appUcation for, 272 requisition for continuation of, 273 Middlesex Deeds Act, application for, 302 ORDEE XIV. afiBdavit for leave to defend under, 304 in reply, 304, n. (a) in support of application for judgment, ib. OEIGINATING SUMMONS. See Summons. OWNEESHIP declaration as to, 222 PAETICULAES for letting a mansion, 421 headings to, of sale, 256 502 INDEX. PAETNERSHIP declaration of signing of notice of dissolution, 223 demand for statement of names and residences of persons constituting firm, 226 notice of continuation of business by surviving partner, 342 of dissolution of partnership, ib. PASTURE claim in affidavit for use of, and eatage, 71 PEDIGREE declaration in support of, 206, 208 of searches for evidence in support of, 218, 220 PETITION by widow of intestate bastard for estate devolving to Crown, 403 for obtaining a licence for a Q.C. to defend a prisoner, 402 in bankruptcy by creditor, 400 for administration of estate of deceased debtor, 401 by debtor, 400 indorsement on creditor's petition in bankruptcy, 401, n. {q) for administration, 402, n. (g) notice to creditors as to winding-up company, 348 POLICY. See Assignment, Life Assurance. POOR LAW. See Married Woman. POSSESSION demand of a house, 233 of, at end of term of years, 235 of land, 233 pursuant to s. 213 of C. L. P. A., 1852, 234 tenant's consent to continuance of, beyond period limited by statute, 239 POWER OF ATTORNEY affidavit of due execution, 411 certificate by notary of execution of, 151, 407 declaration of due execution, 406 for acting under Copyhold Acts, 410 for executing a company's deed of settlement, 411 for general management and sale of property abroad, 409 for receiving a legacy abroad, 408 for use in foreign countries, 404 formalities connected with, 404, n. (r) mayor's jurat, 406 merchant's certificate, 408 notary's certificate, 407 PREMIUM claim in affidavit for, 64 covenant in assignment of life policy, 95, n. (ii) PROBATE corrective affidavit as to stamp duty, 446 endorsement on, 249 oath for executor, 412 regulations as to personal application department, 412, n. («) INDEX. 503 PROMISSOEY NOTE by persons acting in fiduciary character, 415, n. (I) claims iu affidavit by indorsee against maker, 69 iudorser, ib. by payee against maker, 08 on a note payable by instalments, 69 interest on, 414, n. ((Z), 415, n. {k) payable at one time, 415 at sight, ih. by instalments, ih. on demand, 414 protest of, where no notary public available, 423 receipt for debt due on, 428 to secure a floating balance, 416 PROPOSALS for mortgage of freehold estate, 417 of house, 418 and buildings, 419 of terms for repairs, 422 on applications for loan on mortgage— copyhold, 420 freehold, ih. leasehold, 421 lifehold, ih. with a view to a sale, 416 of reversionary interests, 410, n. {p) PROTEST of bill of exchange or promissory note where no notary public available, 423 on payment of money, 424 PROVIDENT SOCIETY acknowledgment of registry of, 3 bond by officer of, 145 declaration by officer accepting transfer of engagements, 191 notice of change of chief office of, 372, n. (c) of proceeding to set aside dissolution, 373 receipt to be indorsed on mortgage, 427 PUBLIC LIBRARIES form of voting-paper, 423 RECEIPT . ^ ,o^ ! by sheriff for purchase money of goods seized, 427 by witness, 428 \ for consideration in mortgage deed, 334, n, (^•) ; for debt, 424 ; and costs, 425 I discharged by bill of exchange, 428 j due from deceased person, 427 . on promissory note and balance of account, 428 . secured by warrant of attorney, 429 ' for dividend in bankruptcy, 357 under deed of composition, 426 i for interest, ih. i for money payable under policy of assurance, 429 for notice of resolution appointing trustees of a society, 371 j for rent, 425 j < on 1 for specific sum in satisfaction of order in bastardy, 430 to be given by building society to revest estate in mortgagor, _4wb ; to be indorsed on mortgage by friendly provident society, 4L i 504 INDEX. RECEIVER beading for account, 259 RECOGNIZANCE acknowledgment of, 3 by surety as to cost of election petition, 248 question to be put by commissioner, 3, n. {u) RECONVEYANCE. See Mortgage. REGISTER. See Land Registry. declaration as to births by an elder of a dissenting congregation, 213 of fire insurance, 433 of life insurances to be effected, ib. of mortgages, 431 of muniments, 432 REGISTRATION borough — (municipal) notice of claim, 385 objection to be given overseers, ib. person objected to, 386 of withdrawal of objection, ih. reviving an objection, 387 of claim by burgess, 388 of objection to same, ih. of claim by liverymen in City of London, 389 of objection to parties inserted in list of livery, ib. to be given to secondaries and clerks of companies, ib. (parliamentary) declaration by voter as to his place of abode, 194 of inability to read, 196 for correcting misdescription in occupiers' or old lodgers' list, 195 notice by voter of selection in the case of duplicate entries, 387 of claim by freemen to be given town clerk, ib. (and municipal) declaration for correcting misdescrip- tion on list, 195 notice of claim, 377 of objection to be given over- seers, 378 to be given to person objected to, 379 county — occupation franchise — notice of claim in respect of, 380 of objection to be given overseers, 381 to be given person objected to, ib. of withdrawal of objection, 382 reviving an objection, ib. — ownership — notice of claim to overseers, ib. objection to overseers, 383 to persons objected to, 384 county or borough (parliamentary) notice of claim by lodger, 379 REMOVAL OP JUDGMENT afiBdavit in support of application for removal of judgment or order, 434 RENT claim in affidavit for, 63 double rent, 70 notice by mortgagee to tenant not to pay, to mortgagor, 370 INDEX. 505 RENT — continued. notice to bailifif of county court of landlord's claim, 358 to sheriff of amount due to landlord of execution debtor, ih. receipt for, 425 REPAIRS notice as to fences, 362 notice to lessee as to, preparatory to enforcing right of re-entry, ih. RESOLUTION at first meeting of creditors in bankruptcy, 352, n. (o) at second meeting of creditors of bankrupt, 435 notice of, appointing trustees to friendly society, 371 RESTRAINING ORDER affidavit for grounding, on stock, 435 notice of, to company, 343 RESTRICTION on registered land, 284, 285 RETAINER of solicitor by corporation, 436, n. {y) by defendant, 437 by plaintiff, 436, 437 REVIVAL by landlord and tenant of agreement avoided by bankruptcy or non-perform- ance, 438 REWARD notice of, for apprehension of depredators, 368 SALE authority to auctioneer to sell goods, 104 property, 102 conditions of. See Conditions of Sale. headings of handbills and particulars of, 256 notice of, of a copyright, 390 by vendor to purchaser to complete purchase, 397 SAVINGS BANK notice of claim upon sum invested, 344 SCHEDULE. See also Account, Inland Revenue, Legacy Duty, Estate Duty, of deeds comprised in an abstract of title, 440 of title deeds and undertaking, 438 SEARCH. See Official Search. SEIZIN declaration of, 208 SETTLEMENT ESTATE DUTY. See also Account, Inland Revenue, Legacy Duty, Estate Duty. account for payment of, 324 rate of, 324a SHERIFF affidavit on interpleader by, 268 in answer to, 270 bill of sale by, 130 notice to, of rent due to landlord of execution debtor, 358 receipt for price of goods sold under an execution, 130, n. (a), 427 506 INDEX. i i \ SHIP OE SHARE OF SHIP j bill of sale of, absolute, 135 3 by way of mortgage, 337 i to secure current account, 338 transfer of, ib, { conditions of sale of, 170 particulars of registratiou, 135. ] SOLICITOR 1 notice by, to witnesses, 341 1 of change of, ib. ] retainer of, 436, 437 \ SPECIFIC PERFORMANCE I notice before commencing action for, 397 SPORTING. See also B.AJIES. i notice by renter of rights of, not to trespass, 367 STAMPS _ I corrective affidavit as to duty on probate or letters of administration, 446 ! declaration as to alteration of date of deed previous to stamping, 443 i for having deed stamped after return from abroad, ib. I for procuring allowance on spoiled stamps, 444 to accompany memorial for having deed stamped without j)enalty, 442 memorial for having deed stamped without penalty, 441 STATEMENT OF AFFAIRS in bankruptcy, 114 STATUTORY DECLARATION. See Declaration. STAY OF PROCEEDINGS , affidavit of consent to judge's order for, 450 i consent to judge's order for, 181 ^ terms of summons for, 181, n. (cc) ; STEWARD : appointment of, 83 i heading for account, 259 : STOCK I affidavit for grounding restraining order on, 435 I notice to company to stop transfer of, 343 SUCCESSION DUTY account of succession to personal property, 314 life interest in, 316 to real or leasehold property, 318 of subsequent instalments, 323 rates of duty, 308 SUMMONS general form, 450 originating general form, 451 not inter jjartes, ib. i ex parte, 452 SURETY i affidavit by, verifying debt in bankruptcy, 113 * of justification by, 55 ' recognizance by, as to costs of election petition, 248 I J INDEX. • , 507 i SUENAME. See Change of Name. ^ TENANT. See Landlord. TIMBER conditions of sale of, 172 TITHE ; claim in affidavit for tithe rent-charge, 74 TITLE-DEEDS \ acknowledgment and undertaking as to[production and safe custody, 438, n. (n) declaration as to, on execution of mortgage, 222 demand of, 236 register of muniments, 432 special condition of sale relating to, 158, n. (z) 5 TRANSFEE of charge on land, 286 of land in registered title, 282 of part of ditto, 284 TRANSMISSION | application to register on death of joint owner, 288 sole owner, 289 trustee, 291 intestacy of sole owner, 290 TREES. See Timber. notice to cut when overhanging another's premises, 363 TRESPASS notice by owner of land not to, 366 | by renter of rights of sporting not to, 367 not to, in garden or on buildings, ih. " TRUSTEE i afBdavit in support of application to Court for appointment of, 88 '■ appointment of new, of a settlement, 86 ; will, 87 ; authority to pay part of trust moneys to reversioner, 107 consent of, to act, 180 \ notice of appointment of new, of branch of friendly society, 371 ; of resolution appointing, to friendly society, ih. \ resignation of, in bankruptcy, 334, n. (/) ' short form of mortgage to, 336 i i UMPIRE . 1 declaration by, 201 ' notice to arbitrators to appoint, 340 ; UNDERTAKING I by lord of manor for production and safe custody, 438, n. (n) J by mortgagee for ditto, ib. : by trustee for ditto, ih, by vendor for ditto, ih. j indorsed on abstract, 439, n. (o) statutory for production of documents, 159, n. (z), ^, 438, n. («) * to execute a reconveyance, 4 1 to pay a commission, 452 ' to release a debtor on payment of composition by instalments, 453 a part of mortgaged property, 5 \ ■ 508 INDEX. USE AND OCCUPATION claim in affidavit for, 70 • VALUATION of copyhold, 454 of freeholds, ih. of leaseholds, 455 of life policy, ih. of personal property, 45G VEEIPICATION of applicant to register land charge, 286 of signature of proprietor, of registered land, 280 of transferor, 282, 294 of transferee, 294 VOTEK declaration by parliamentary, as to his place of abode, 194 of inability to read, 196 for correcting misdescription in occupiers' or old lodgers' list, 195 in borough list, ib. VOTING PAPER form of, for municipal election, 241, n. (/) parliamentary election, ib. public libraries poll, 423 university election, 241, n. (/ ) WAGES claim in affidavit for, or salary, 72 WARRANT demand of copy from constable or gaoler, 235 WARRANT OF ATTORNEY affidavit of execution of, 460 defeazance on, 458 for securing payment of bills of exchange, 459 receipt for debt secured by, 429 to confess judgment, 457 WHARFAGE claim in affidavit for, and warehouse room, 71 WILL affidavit by attesting witness as to alterations in, after execution, 462 before execution, 461 of due execution, ih. by executor as to pl?ght and condition, 463 of execution of, by marksman, ih. attestation of, 98 by illiterate person — admission to probate, 463, n. (c) WINDFALLS notice to remove, 363 WINDOW notice to prevent obstruction of, 365 WITNESS affidavit by, attesting will, 461 allowances to, 263, n. (z) notice to, by solicitor, 341 ^ receipt for expenses, 428 ^ INDEX. 509 statement in affidavit of cause of action for, 73 as an agent, ib. as an architect, 75 as a carrier, 77 as a coachmaker, 76 as a dancing-master, ib. as a factor, 77 as an insurance broker, 78 as a notary, 75 as a nurse, 77 as a schoolmaster, 76 as a shipwright, ib. as a solicitor, 74 as a surgeon and apothecary, ib. as an undertaker, 75 LONDON : PKINTED BY WILLIAM CLOWKS ASD SOSS, LIMITKD, STAMFOUD STKEET AKD CHARING CROSS. UCSOUTHE Rf, Rf GlONAL LIBRARY FACILITY AA 000 744 321 1 mm