MOORE'S SGLIOITOES' BOOK PRACTICAL FORMS NEW LAW BOOKS Wm.C Printers and 27, F THE HIS' );>• Dr. Ri'Do; A. ASHWOKTH "At this time t questions of curren " Dr. Gneists w SniurJay Review. INFORMA' an.l PRi;HlB of " The Law '. PUBLISHED BY UNIVERSITY OF CALIFORNIA LOS ANGELES IMITED. Law Reporting sr, E.G. STITUTION. Translated by Philip almost all the great stitutional history."— l^ANDAMUS, ,rrister-at-Law, Author LEADING of the Middle ' Acts," and Lee PETITION iVtiuon of Ri ceedings by P Walter Clol' THE JUDG of the Krign c to the Kiglu H SCHOOL OF LAW LIBRARY Thomas Brett, 1 Brett's Conveyancing of) under the l.iaws regulating Pro- .d Dependencies. By the Fifty Years BERT J. Block, Clerk Crown Svo, cloth, 35. f^d. THE MERCHANDISE MARKS ACT, 1887. With Notes and an Introduction. I'.y Aliskrt Gkav, of the Inner Teoipie, Barri;ter-at-Law. Now re.xdy, crown 3vo, cloth, 7^. dd. WITNESSES (Tiie Practice Relating to) in all Matters and Proceedings, Civil and Criminal, at, after, and before the Trial or Hearing, both in the Superior and the Inferior Courts. By Walter b. Sichel, M.A. (late Exhibitioner of Balliol College), of Lincoln's inn, Barribter-at-Law. Now ready, crown 8vo, cloth, 7J. iid. DRINK LICENSING LAWS. A Manual of the Law concerning the Kci.dhng of intovicp.ting Drink?. With Notes on Incidental Laws, and an Appendix containing all the unrepealed Statutes relating to the subject. By Christoi'IIer Pacjiv Deane, Solicitor. Just published, demy 8vo, cloth, /Ji 11^. dd. THE LAW OP RENTS, widi special reference to the Sale of Land in ioiisi.!crati in of a Rent (Jiarge or Chief Kent. By W. A. Coi'inckr, of tlic Inner Temple, Barrister- :U-Law. Author of "The Law of Cupyri^ht in Works of Literature and Art," &c., cic , and J. E. Ckawfoku Munro, LL.M., of the Middle Temple, Barrister-at-Law. Demy 8vo, cloth, 10s. PRACTICAL FORMS (A Handbook of;. Containing a variety of I i:iiii :;i. i .'^clcct Precedents re INCOEPORATED LAW SOCIETY OF LIVERPOOL. The following forms of articles of clerkship have met with the approval of the committee of this society : — 1 I Form to BE.iMaU^N case t^^^Llerk is of full Age. ( An aprreement made the dayof "'' 18 between of in the county of Lancaster, a solicitor of the Supremo Court (hereinafter called "the solicitor") of the one part, and of in the county of student (hereinafter called "the clerk ") of the other part, witnesseth as follows : 1. The clerk hereby places and binds himself clerk to the solicitor to s:rve bim from the date hereof for the term of years. The clerk hereby covenants with the solicitor aa follows : 2. That he (the clerk) will faithfully and diligently serve the solicitor in his profession as such during the said term of years. .'?. That he will readily and cheerfully obey and execute the reasonable commands of the solicitor, his partners or firm, and in particular that the clerk will attend such law lectures and courses of law lectures of the University College, Liverpool, or in connection with the Liverpool Boar 1 of Legal Studies or the Liverpool Law Students' Association and such classes in connection with any of such lectures as the solicitor may from time to time prescribe, and will at all times conduct himself ^vith due diligence and propriety, and will present himself and use his best endeavours to pass the examinations prescribed by law when he shall be eligible to present himself thereat. 4. That he will not divulge the secrets, nor cancel, obliterate, spoil, destroy, or make away with any of the books, papers, writings, money, stamps, chattels, or other property of the solicitor or his firm or any partner therein, or of his or their clients, nor absent himself from the solicitor's service during the term without leave first obtained. 5. In consideration of the premises and of the sum of £ now paid by the clerk to the solicitor (the receipt whereof the solicitor acknowledges) the solicitor hereby covenants with the clerk that he will, to the utmost of his skill and knowledge, teach and instruct, or cause to be taught and instructed, the clerk in the practice and profession of a solicitor of the Supreme Court. And will also, at the expiration of the 'y said term, use his best means and endeavours, at the request and cost of the clerk,' to cause the clerk to be admitted and sworn a solicitor of the Supreme Court, provided the said clerk shall have well and faithfully fulfilled the covenants and obligations on his part hereinbefore contained, and shall have successfully passed all such examinations as articled clerks are bound to submit to before being so admitted. In witness whereof the parties to these presents have hereunto set their hands and seals the day and year first before written. N .B.— The articles should be stamped before execution. ! follows Form to be used in case the Clerk is under Age. . An agreement made the day of \% between of in the county of Lancaster, a solicitor of the Supreme Court (hereinafter called "the solicitor") of the first part, and (jf in the county of (hereinafter called "the Father") of the second part, and of in the county of student (hereinafter called " the clerk ") of the third part, witnesseth as follows : 1. The clerk hereby with the consent and approval of the father places and binds himself clerk to the solicitor to serve him from the date hereof for the term of years. The father and the clerk hereby severally covenant with the solicitor as 2. That he (the clerk) will faithfully and diligently serve the solicitor in liis profession as such during the said term of years. 3. That he will readily and cheerfully obey and execute the reasonable commands of the solicitor, his partners or firm, and. in particular, that the clerk will attend such law lectures and courses of law lectures of the University College, Liverpool, or in connection with the Liverpool Board of Legal Studies, or the Liverpool Law Studeuts' Association, and such classes in connection with any of such lectures as the solicitor may from x: 4.„ +; — ^,„..„„;u„ ~-J — -11 -'- -" ^- ^--^ '• "■ •■" due r.- ,„^ , .,- 'sa^mn TO noTiunana A sqa 9^'B!ji3pTiti osfB oq^ii [gigx pai,..., -q^^SVn -o^eAddo' 'S,suV'eA? V-^--I-^^^TA'S9 '^-d-oO eioj9a--S5iassai aNV saasvHaana asnoH^NioNaxNi oi okinhvaN. ~~ -pg^jntijS s'BM uoi'^ -ounCai aj.Dd :c9 oq^ uaqAi spua:,T,ui aadoad ^^^ P™^^s^^!°f °l^^'l"t^'l aou p^q eq ^^q^ gatX^s 's^sod q-jiAV uoponntat eq^ P^^^°'' ^ ^ <,fi^f,f,^ ■^ ^ ' ^ ^ •5HUlTJ^d^q1^ iojp.(uji aaeuoijont^ Pqn^q^ P^^ '^^^^P ^^^^J ^I poAoraai eq ^ou PF^^ s_poo£oqn^.q;_ _ ^^vV>..^ ,A ". ^^V V .^;,V. PRACTICAL FORMS. A HANDBOOK OP PEACTICAL FOEMS, CONTAIXING A VARIETY OF USEFUL AND SELECT PRECEDENTS REQUIRED IN SOLICITORS' OFFICES, RELATING TO CONVEYANCING AND GENERAL MATTERS, mm NUMEROUS VARIATIONS AND SUGGESTIONS. DY H. MOORE, Esq., AUTHOR OF "instructions FOR PREPARING ABSTRACTS OF TITLE," ''PRACTICAL FORMS OP AGREEMENTS," " THE COUNTRY ATTORNEY'S POCKET REMEMBRANCER," ETC. EDITED BY T. LAMBERT MEARS, M.A., LL.D. (Lond.), OP THE INNER TEMPLE, BARRISTER-AT-LAW. LONDON: WILLIAM CLOWES AND SONS, Limited, 27, FLEET STREET, 188G. (88 fo LONDON : PRINTED BY WILLIAM CLOWES AND BONS, LIMITEr), STAMFORD STREET AND CHARING CROSS. EDITOR'S PREFACE. 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 kinds of documents (such as acknowledg- ments, affidavits, cases for the opinion of counsel, conditions of sale, consents, declarations, demands, notices, proposals to treat, protests, receipts, valuations, &c.) which often precede the formation 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 regulations, Knles of Court and other sources, principally relating to bankruptcy, bills of sale, borough and county elections and registration (muni- cipal and parliamentary), building, friendly, and other kindred 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 Kevenue 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 dut-es. 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. 783347 vi PREFACE. Eeferences to the statutes and rules in force relating to the various forms, and to eases illustrative of tliem, will be found in the notes, and opportunity has been taken where it seemed particularly advis- able (as for example under the heads of Distress and Eetainer) 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 administra- tion, &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 misleading ; as, for example, the whole of the forms relating to bankruptcy 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, peti- tions, receipts, &c. So again the whole of the affidavits throughout the book are grouped together under that heading 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. For the occasional references in the notes to the existing County Court Rules 1875 to 1884, the reader is requested to substitute PREFACE. Vii "Tlie County Court Eules 1886," which consolidate the former and come into force on the 28th day of April next ; and in respect of proceedings on the Crown side of the Queen's Bench Division the attention of the practitioner is further directed (particularly under the heading " Bail ") to the forms in the appendix to the " Crown Office Rules 1886 " which come into force on the same day. T. LAMBERT MEARS. 9, King's Bench Walk, Temple, March 25, 1886. ( ix ) J TABLE OF CONTENTS. The reader is requested to consult the Index fat^ the Form he requires. ACKNOWLEDGMENTS. NOS. PAGE I. Of a deed by a married woman . . . . . . . . 1 II. Of a deed to be enrolled . . . . . . . . . . 2 III. Of a recognizance . . . . . . . . . . . . 3 IV. Of registry of a friendly society .. .. .. .. ih. V. Of registry of a provident society ., .. .. .. ih. YI. Of registry of amendment of rules of a friendly society .. 4 VII. Of the receipt of mortgage money (and undertaking to execute a reconveyance) .. .. .. .. .. ih. VIII. Ditto (s^orO ih. IX. Of the receipt of part of mortgage money (with an under- taking to release a part of the mortgaged property) . . 5 X. Of receipt of bills of exchange in satisfaction of a debt . . ib. XL Of another's title to property .. .. .. .. 7 XII. Of easements belonging to others .. .. .. .. ih XIII. Of a right to lights ih. XIV. Of a right to walls .. .. .. .. .. .. 8 ADMINISTRATION. XV. Oath for administrator .. .. ,. .. .. 8 XVI. Oath for administrator wiih the will annexed .. .. 10 XVII. Affidavit for the Commissioners of Inland Revenue for estates above £300 .. .. ., .. .. 11 Account No. 1 ,, .. .. .. .. .. 13 Account No. 2 .. .. .. .. .. .. 15 Schedule .. .. .. .. .. .. .. ih. XVIII. Affidavit of justification by sureties .. .. .. 16 XIX. Affidavit in support of administration summons in the Chancery Division by a creditor .. .. .. 17 XX. Affidavit of service of administration summons in the Chancery Division .. .. .. .. .. J 8 XXI. Affidavit by a creditor to prove a debt .. ,. .. 19 XXII. Affidavit by annuitant imdcr a bond to prove arrears due 20 TABLE OF CONTENTS. AFFIDAVITS. SECTION I. Nos. XXIII. The parties making the affidavit ., SECTION II. XXIV. The subject-matter. The debt ,. Statement of the Cause of Action. (A.) Special Contracts. XXV. For principal and interest due upon a mortgage . XXVI. Same by an assignee XXVII. For the arrears of an annuity XXVIII. For rent due on lease XXIX. Uiwn a judgment .. XXX. Upon a (voyage) policy of insurance XXXI. Upon a time policy XXXII. For premiums of insurance XXXIII. For freight under a charterparty . . PAGE 21 22 22 23 lb. 24 ih. ih. 25 ih. 26 (B.) Articles of Agreement. XXXIV. For payment of a debt XXXV. For a premium upon a lease XXXVI. For debt on award XXXVII. For money due on bond .. XXXVIII. For money upon an arbitration bond XXXIX. For money upon an annuity bond 26 ih. ih. 27 ih. ih. (C.) Simple Contracts. (1.) Upon Bills of Exchatige. XL. Drawer against acceptor .. XLI. Indorsee or bearer against drawer . . XLII. Payee against drawer XLIII. Payee or indorsee against acceptor XLIV. Indorsee against acceptor (foreign bill of exchange) (2.) On Promissory Notes. XLV. Payee against maker XLVI. On a note payable by instalments XLVII. Indorsee against maker XLVUl. Indorsee against indorscr .. 28 ih. ih. 29 ih. 29 30 ih. ih. TABLE OF CONTENTS. XI (3.) On Clieques. I'AG B SECTION III. Jurats. Nos. . .,^ XLIX. Payee or bearer agamst maker .. .. .. •• ^^ (D.) General Subjects. L. For money in exchange of property .. •• •• 31 LI. For use and occupation .. .. .. •• •• '*^' LII. For double rent .. .. .- •• •• •• *^- L II I. For wharfage and warehouse room .. .. .. 32 LIV. For the hire of a horse and carriage and for the standing of carriages .. .. •• •• •• •• ^"• LV. For use of pasture and eatage ,. .. •• •• ^'^■ LVI. For the use of a dairy .. .. .. .. •• 33 LVII. For demurrage .. .. .. •• •• •• *''• LVIII. For wages or saLary .. •• ■• •• •• ^'^• LIX. For board and lodging .. .. •• •• •• ib. LX. For board and education .. .. .. •• •• i^- LXI. For money lent, paid, received, or due on account stated 34 LXII. For interest *^- LXIII. For goods sold and delivered .. .. .. •• «'&• LXIV. For work and labour .. .. •• •• •• *^- LXV. For work as an agent .. .. •• •• •• *^'- LXVI. For tithe rent-charge .. .. •• •• •• 35 LX VII. For agistment and for hurse keep and stabling .. .. ib. LXV III. For work as a solicitor .. .. •• •• •• ^^• LXIX. For work as a surgeon and apothecary ib- LXX. As a notary 36 LXXI. As an architect, &c. .. .. •• •• •• *'^- LXXII. As an undertaker .. .. .. •■ •• •• '^^^ LXXIII. As a ccachmaker .. .. .. •• •■ •• 37 LXXIV. As a shipwright *"^- LXXV. As a dancing-master .. .. •• •• •• *^- LXX VI. As a schoolmaster .. .. .. •• •• •• ^'^• LXXVIL As a nurse ^'*- LXXVIIL As a factor, &c 38 LXXIX. As a carrier «&• LXXX. For freight, primage, or average ib. LXXXI. As an insurance broker .. .. •• •• •• ib. LXXXII. For passage money 39 LXXXIII. If sworn in court, &c., &c 39 LXXXIV. When the aftidavit is made by two or more dcpuucntt; .. 40 Xll TABLE OF CONTENTS. PA C %• LXXXV. When the deponent is a marksman ,. ,. ., 41 LXXXVI. When the deponent is a foreigner .. ., .. ih. AFFIRMATION. LXXXVII. Form ut 42 APPOINTMENT. LXXXVIIL Of an arbitrator under the Lands Clauses Act, 18-15 .. 42 LXXXIX. Of a parhamentary agent by candidate .. .. .. 43 XC. Of a coroner , . . . . . , . . . . . ih. XCI. Of a steward 44 XCII. Of a gamekeeper .. ,. ,. .. .. .. 45 XCIII. A shorter form .. .. .. .. ,. .. 46 APPRENTICESHIP. XCI V. An indenture of api^renticeship to a tradesman .. .. 47 ARTICLES OF CLERKSHIP. XCV. Afiidavit of loss of articles of clerkship .. .. .. 49 ASSIGNMENT. XCVI. Of a policy of life assurance ,. .. ,. ,. 50 XCVII. A sJiorter form .. .. .. .. .. .. 52 XCVIII. Of a life policy by a separate instrument, according to 30&31 Vict. c. 144.. , .. 53 , XCIX. Of a life policy by indorsemeiit .. .. .. ,. 54 ATTACHMENT OF DEBT. C. Affidavit in support of garnishee order for attachment of debt • • • • ATTESTATIONS. CI. For deeds . . . . . . . . . . . . , . 55 CII. For wills 56 cm. For attested copies .. .. .. ,. ,, ib. TABLE OF CONTENTS. Xlll PAGE ATTORNMENTS. Nos. CIV. By tenant 57 CV. To tenants to attorn .. .. .. .. .. 58 CVI. A concise form .. .. .. .. •• •• 59 AUTHORITIES. CVII. To the Paymaster-General to pay dividends .. .. 59 CVIII. For making an application for payment of money out of the Chancery Pay Office .. .. .. .. 60 CIX. To receive a dividend in bankruptcy .. .. .. ib. ex. To sell property 61 CXI. To sell goods 62 CXII. To kill hares «&. CXIII. To pay mortgage or purchase-money to a third party .. 63 CXIV. To receive purchase or other moneys .. .. .. 64 CXV. To pay insurance money to a mortgagee .. .. ib. CXVI. To pay the amoimt due on a life policy to a purchaser .. ib. CXVII. To bankers to pay dividends to an agent .. .. 65 CXVIII. To a trustee to pay part of trust moneys to the rever- sioner .. .. .. .. .. .. •• ib. BAIL. CXIX. Affidavit of service of a judge's summons for procuring bail for a prisoner .. .. .. .. .. 66 CXX, Affidavit in support of an application for bail when refused by a coroner .. .. .. .. .. .. 67 BANKRUPTCY. CXXI. Affidavit of service of bankruptcy notice ,. .. 68 CXXII. Affidavit of truth of statements in petition in bankruptcy ib. CXXIII. Another form ib. CXXI V. Affidavit of service of bankruptcy petition ,. .. 69 CXXV. Affidavit verifying the debt ib. CXXVI. The same by a surety .. .. .. .. .. 70 BILLS OF SALE. CXXVII. Absolute 71 Memorandum of Delivery .. .. .. .. 72 CXXVIII. By a sheriff' (absolute) ih. XIV TABLE OF CONTENTS. NOS. PAGE CXXIX. By way of mortgage (statutory form) .. .. .. 74 CXXX. AfBdavit on registration of a bill of sale . . .. .. 76 CXXXI. Affidavit on renewal of registration of a bill of sale .. 77 CXXXII. Affidavit for verifying the signature to a consent for entering satisfaction of a bill of sale .. .. .. ib. BONDS. CXXXIII. For payment of money and interest .. .. .. 78 CXXXIV. That a married woman, being a minor, shall execute and acknowledge a conveyance on coming of age .. .. 79 CXXXV. For the fidelity of the manager of a business .. .. 81 CXXXVI. Administration bond 84 CXXXVII. By officer of provident (or other similar) society .. 86 CASES FOR THE OPINION OF COUNSEL. CXXXVIII. Case CXXXIX. Do CXL. Do CXLI. Do CXLII. Do 86 88 ib. 89 90 CERTIFICATES. CXLII I. By a notary that a power of attorney was executed his presence CXLIV, Of incorporation of building society CXLV. Of registration of alteration of rules of building society CXLVL Of registration of change of name of building society CXLVII. Of registration of instrument of dissolution of building society ,. in 91 .. 92 .. 92 .. 93 ng 93 CONDITIONS OF SALE. CXLVIII. Of freeholds. Conditions of sale of the property described in the foregoing particulars CXLIX. Memorandum to be appended to conditions CL. Of freeholds. A shorter form CLI. Of freeholds. A concise form CLII. Of reversionary interests .. CLIII. Of a ship or vessel .. CLIV. Of timber CLV. Of shares .. CLYT. Of nirtures 94 103 104 106 108 110 112 114 116 TABLE OF CONTENTS. XV NOS. PAGB CLVIL Of books 116 ChY in. Ifo. {short form) 117 CLIX. Of a printer's and publisher's stock with copyriglits .. 118 CLX. Sale on usual conditions .. .. .. .. .. 119 CONSENTS. CLXI. Of proposed new trustee to act .. .. .. .. 120 CLXII. To entry of satisfaction on a bill of sale ,. .. .. ib. CLXIII. To a judge's order for a stay of proceedings .. .. 121 CONVEYANCES. CLXIV. Vendor to purchaser in fee .. .. .. .. 121 CLXV. On a sale, the mortgagee joining ,. .. .. .. 122 CLXVI. A conveyance by way of settlement of property for benefit of Wesleyan Methodists ,. .. .. .. 123 DECLARATIONS. CLXVII. By solicitor that writ was (or was not) issued by him .. 126 CLXVIII. Of names and residences of persons constituting firm .. ib. CLXIX. By lodger that tenant does not own goods .. .. 127 CLXX. To accompany application for certificate of incorporation of building society .. .. •. .. .. ib. CLXXI. In support of an amendment of the rules of a friendly society .. .. .. .. .. .. .. 128 CLXXII. Similar form in case of a building society ,. .. ib. CLXXIII. As to change of name of building society ,. ,. 129 CLXXIV. Verifying statements in an application for direction to transfer stock of building society .. .. .. ib. CLXXV. By officer of provident society accepting transfer of engagements .. .. .. .. .. .. 130 CLXXVI. To accompany instrument of dissolution of building society .. .. .. .. .. .. .. 131 CLXXVIL Of amount of interest (or dividends) to be paid into Court ib. CLXXVIII. Of life of payee 132 CLXXIX. To obtain remittance by post of money payable under an order of the Supreme Court .. .. ,. ,. ib. CLXXX. By parliamentary voter as to his place of abode .. .. 133 CLXXXI. For correcting misdescription in occupiers' or old lodgers' list of parliamentary voters .. .. .. .. ib. CLXXXII. For correcting misdescription in list (borough registra- tion) .. .. .. .. .. .. .. 134 CLXXXIII. By parliamentary voter of inability to read .. .. 135 CLXXXIV. By candidate of appointment of parliamentary election agent .. .. .. .. .. .. .. 136 XVI TABLE OF CONTENTS. ^ NOS. PAGE CLXXXV. By candidate for parliamentary election as to expenses . . 136 CLXXXVL Same by election agent .. .. ,. ,. ,. 137 CLXXXVII. Same by parliamentary candidate where nominated or declared in his absence .. ., .. .. 138 CLXXXVIII. Same by candidate at municipal election as to expenses 139 CLXXXIX. By arbitrator or umpire ,. .. .. ,. .. ib. CXC. Of inability to pay debts . . . . . . , . . . 140 CXCI. Of identity of various properties .. .. .. ,. ib. CXCII. In support of marital identity and lineage ,. .. 143 CXCIII. In support of pedigree .. .. ,. .. .. 144 CXCIV. Another form 146 CXCV. Of seizin 147 CXCVI. Of marriage ,. ,. .. .. ,, .. ib. CXCVII. Another form 148 CXCVIII. Another form 149 CXCIX. For verifying a certificate of baptism .. ,. ,. ib. CO. Another form .. .. .. .. .. ,. 150 CCI. Another form where the original register is lost,. .. ib. ecu. Of the register of births by an elder of a dissenting con- gregation .. .. .. .. ,. .. 151 CCIII. In proof of heirship .. ,. .. ,. .. 152 CCIV. Of identity and age 153 GOV. As to age for an assurance society . . . . , . ib. CCVI. By a declarant as to his own age . . . . . . . . 154 CCVII. That a particular person is still living ,. .. .. ib. covin. Of identity of persons ., .. .. .. .. 155 CCIX. Of searches for evidence in support of a pedigree . . 156 OCX. Another form (with list of marriages, baptisms, and burials) .. .. .. ,. .. ,. .. 157 CCXI. As to ownership and title deeds (on the execution of a mortgage) .. .. .. .. ,. ., 160 CCXII. Of the signing of a notice of dissolution of partnershii) . . 161 CCXIII. Of the execution of a deed for changing a surname .. ib. DEED POLL. CCXIV. For changing a surname .. ,, .. .. .. 162 DEMANDS. CCXV. On plaintiff's solicitor to state whether writ was issued by him or witli his authority .. .. ,. ,. 163 CCXVI. For statement of names and residences of jhtsous con- stituting the plaintiff firm .. ,. .. .. 164 CCXVII. To debtor for payment ib. TABLE OF CONTENTS. XVU PAQB 165 ib. 168 N08. CCXVllI. Same— peremptory CCXIX. Same— final *'*• CCXX. Oil behalf of a trustee or executor for payment of a debt being part of the trust estate .. .. •• •• 1"" CCXXI. Offering a fragmental estate to creditors before presenting a bankruptcy petition .. .. •• •• •• '''"• CCXXI I. Of an apology for slander l^J CCXXIII. An apology CCXXI 7. Of payment by mortgagee CCXXV. Of return of articles delivered by bailor 169 CCXXVI. Another form ^^' CCXXVII. Under a covenant in a farm lease 1'^ CCXXVIII. By a husband of his children harboured by his wife whilst living apart from him .. .. •• •• 171 CCXXIX. Of possession of a house •• «^- CCXXX. Of possession of land 1*^2 CCXXXI. Of possession pursuant to sect. 213 of the Common Law Procedure Act, 1852 »»• CCXXXII. Of possession at the end of a term of years, otherwise double value CCXXXIII. Of copy of a warrant— from a constable or gaoler .. i^- CCXXXI V. Of title deeds, and notice of an intended action ,. .. 174 173 DISTRESS. CCXX XV. Warrant to distrain for rent 175 CCXXXV I. Notice of distress 177 Tenant's consent that possession shall be continued beyond the period limited by the statute .. .. ib. ELECTIONS. CCXXXVII. Kules for parliamentary elections— the poll .. .. 178 CCXXXVIII. Nomination paper in parliamentary elections .. .. 182 CCXXXIX. Same in municipal elections .. .. ■■ •• 1^3 CCXL. Affidavit by candidate for election for relief .. .. 184 CCXLI. Affidavit by petitioner of withdrawal of election petition 185 CCXLII. Recognizance by surety as security for costs of election petition 186 ENDORSEMENTS. CCXLIII. Of registry of proceedings in bankruptcy .. •• 187 CCXLIV. On a probate »^- CCXLV. On letters of administration 188 CCXLVT. or sorvioe of writ of summon." .. .. •• •• '^' XVlll TABLE OF CONTENTS. NOS. PAGE CCXLVII. Of a rule, or summons .. ,. .. .. .. 188 CCXLVIIL Of notices ih. CCXLIX. Ditto 189 CCL. Ditto ih. CCLI. Of a transfer of an innkeeper's license .. .. .. ih. CCLIL Of covenants on deeds .. .. .. .. .. ib. EXHIBITS. (Memoranda of Idkntity.) CCLIII. On a document .. .. 190 CCLIV. On a deed ih. CCLV. On a will ih. CCLVI. On a rule 191 CCLV II. On a plan ih. CCLVIII. On depositions ., .. .. .. .. ,. ih. CCLIX. Another form ., .. .. .. •. .. ih. GUARANTEE. CCtiX. For goods supplied to third person ,. ,. .. 191 CCLXI. For the fidelity of a clerk 192 CCLXII. For advances by a bank .. .. .. .. .. ih. HEADINGS. CCLXIII. Of handbills and particulars of sale .. ,. .. 194 CCLXIV. For a steward or receiver's account .. .. .. 196 CCLXV, As to lifeholds and copyholds 197 CCLXVI. For a survey .. .. ,. .. .. .. ih. CCLXVII. For a deed and document reference book .. .. ih. CCLXVIII. For an arbitration 198 CCLXIX. To petitions .. .. .. .. .. .. ih. CCLXX. To a bill of costs in Chancery Division 199 CCLXXI. To a bill of costs in Queen's Bench Division .. .. 201 CCLXXII. To a bill of costs in bankruptcy 202 CCLXXIII. To a bill of costs in the House of Lords .. ., ih. CCLXXIV. In the County Court 203 INTERPLEADER. CCLXXV. Affidavit in sujiportof relief by way of interj)leader — by a stakeholder ., .. ,. .. ,. .. 204 CCLXXVI. Same— by a sheriff 205 CCLXXVII. By claimant in answer to stakeholder .. .. .. 206 CCLXXVIII. By claimant in answer to sheriff 207 TABLE OF CONTENTS. XIX LEAVE TO DEFEND, Nos. PAGE CCLXXIX. Affidavit for obtaining leave under Order XIV. to defend an action „ .. .. .. .. .. 207 CCLXXX. Another form 208 LEGACY AND SUCCESSION DUTY. (A) Legacy duty. CCLXXXI. Form No. 1— Legacy receipt 209 CCLXXXII. Form No. 2— Annuity receipt 213 CCLXXXIII. Form No. 3— Residuary account 215 (B) Succession duty. CCLXXXI V. Form No. 4— For property (absolute) not chargeable by way of annuity .. .. .. .. .. 231 CCLXXXV. Form No. 5 — For life interest (annuity in personal property) ., .. .. .. .. •• 233 CCLXXXVI. Form No. 6 — On real property (freehold, copyhold, cus- tomary leasehold and other hereditaments, whether corporeal or incorporeal) .. .. .. .. 235 CCLXXXVII. Form No. 7 — For second and subsequent instalments of succession duty on real property .. .. •• 239 LICENSES. CCLXXXVIII. To alienate lifeholds and assign leaseholds .. .. 240 CCLXXXIX. To use a patented invention ..^ .. .. .. 241 MINUTES. CCXC. Of proceedings at first meeting of creditors in bankruptcy 243 CCXCI. Of meeting for receiving resignation of trustee in bank- ruptcy .. ,. .. .. .. .. •■ 244 MORTGAGES. CCXCII. Statutory 244 CCXCIII. Statutory to trustees .. .. .. .. .. 245 NOTICES. CCXCIV. Of claim and of appointment of an arbitrator under " The Lands Clauses Consolidation Act, 1845 " .. .. 246 CCXCV. To arbitrators to appoint an umpire ., .. .. 247 CCXC VL Of change of solicitor .. ib. CCXCVIL By solicitor to witnesses .. .. 248 XX TABLE OF CONTENTS. Nos. CCXCVIII. CCXCIX. ccc. CCCI. CCCII. CCCIII. CCCIV. cccv. ccc VI. CCCVII. CCCVIII. CCCIX. cccx. CCCXI. CCCXII. CCCXIII. CCCXIV. cccxv. CCCXVI. CCCXVIL cccxv III. CCCXIX, cccxx. CCCXXI. CCCXXII. CCCXXIIL CCCXXIV. CCCXX V. CCCXXVI. CCCXXVII. CCCXXVI II. CCCXXIX. CCCXXX. CCCXXXI. CCCXXX 1 1. cccxxxiir. CCCXX XIV. cccx XXV. By innkeeper of sale of chattels .. Of dissolutiua of co-partnership .. Of the continuation of a business by a surviving partner By creditor that interest will be claimed To a company to stop transfer of stock or receipt of dividends To a bank for savings of a claim upon a sum invested, and not to pay it over until such claim is satisfied (Preliminary) To creditors to furnish claims against a deceased person By au executor or administrator to creditors before final distribution of the assets To creditors pending an administration action . , To claimants other than creditors To cre'.litor to prove his claim To creditor to produce documents To creditors of petition to wind up company Of assignment to trustees for benefit of creditors In bankruptcy In Gazette of substituted service of bankruptcy petition .. Of receiving order in bankruptcy Of adjudication To creditors of first meeting To debtor to attend first meeting of creditors .. Of meeting of creditors .. Convening second meeting to confirm com^wsition or scheme .. To creditors and official receiver of application to Court to sanction composition or scheme To creditors of meeting to remove trustee, and to ajipoint a person to fill the vacancy Of meeting to be held to appoint new trustee By trustee of intention to disclaim lease Of intention to declare dividend .. Of intention to declare final dividend Of dividend To creditors of debtor's ajijilication for discharge To sheriff of rent due to landlord of execution debtor To bailiff of county court of landlord's claim for rent To determine a lease pursuant to a proviso therein To quit by landlord to tenant from year to year By tenant to landlord To tenant to deliver up possession pursuant to 1 Vict. c. 74 By executors to quit a farm To quit by a vendor — on a sale .. & 2 PAGE 248 249 ib. 250 ib. 251 ih. ib. 252 253 254 ib. 255 ib. 256 257 ib. ib. 258 ib. 259 ib. ib. 260 ib. 261 ib. ib. 262 263 ib. 264 ib. 265 ib. 266 ib. 267 TABLE OF CONTENTS. XXI FACE CCCXXXVL To lessee to repair preparatory to enforcing right of re-entry .. •• •• •• •■ •• •• - CCCXXXV 11. To repair fences -^"° CCCXXXVII I. To remove windfalls ^^^ CCCXXXIX. To cut trees overhanging another's premises .. .. t^- CCCXL. Of an anticipated nuisance 270 CCCXLI. To prevent obstruction of a window **• CCCXLII. To remove a building encroachment 271 CCCXLIII. Notice to remove obstructions and nuisances .. •• ib. CCCXLIV. By an owner to a trespasser not to trespass on land . . 272 CCCXLV. Not to trespass in a garden or on buildings .. . . «&• CCCXL VI. By a renter of rights of sporting to trespassers not to ^^ trespass .. .. .. •• •• •• .. -(o CCCXLVII. Of a reward offered for the apprehension of depredators ib. CCCXLVIII. Requiring payment of mortgage money 274 CCCXLIX. Another form 275 CCCL. By mortgagee to tenants not to pay rent to mortgagor .. ib. CCCLL Of paying off mortgage money 276 CCCLII. Of resolution appointing trustees to a friendly society .. ib. CCCLIII. Of appointment of new trustee of branch of friendly society .. .. .. •• •• •• .. ^i i CCCLIV. To registrar of change of name of building society .. ib. CCCLV. Of change of chief office of building society .. .. 278 CCCLVI. Of registry of instrument of dissolution of friendly society ib. CCCLVII. Of proceeding to set aside dissolution of a provident society .. .. .. •• •• •• •• ^'"^ CCCLVIII. Of parliamentary election *&• CCCLIX. Same of municipal election 280 CCCLX. Of disqualification of parliamentary candidate .. .. 281 CCCLXI. Same of municipal candidate 282 CCCLXIL Of withdrawal by parliamentary candidate .. .. ^b. CCCLXIII. Of appointment of election agent 283 CCCLXIV. Of claim (parliamentary and municipal), borough regis- tration ib. CCCLXV. Of objection (parliamentary and municipal) to be given to overseers (borough registration) .. .. •• 284 CCCLXVI. Same to be given to persons objected to (borough regis- tration) .. .. .. .. •• •• •• ^"* CCCLXVII. Of claim (parliamentary) by lodger (county or borough ^ registration) .. .. .. •• •• •• "^^ CCCLXVIII. Of claim in respect of the occupation franchise (coimty registration) .. .. .. •• •• •• "°" CCCLXIX. Of objection to be given to overseers in respect of the occupation franchise (county registration) .. .. ib. CCCLXX. Same to be given to person objected to (county registra tion) CCCLXXI. Of withdrawal of objection (county registration) .. ib. '1^1 XXll TABLE OF CONTENTS. PAGE Nos. ^„„„ CCCLXXII. Keviving an objection .. .. .. ., .. 287 CCCLXXIII. Of claim to be given to overseers by claimants in respect of ownership (county registration) . . , . . . 288 CCCLXXIV, Of objection to ownership voters to be given to the over- seers (county registration) .. .. ., .. 289 CCCLXXV. Of objection to be given to persons whose names are in the ownership portion of the register i^county regis- tration) ,. ,. .. ,. ,. ,. .. ib. CCCLXXVI. Of objection to be given to persons whose names are on the libt of ownership chiimants (county registration) 290 CCCLXXVII. Of claim (municipal borough registration) .. .. ib. CCCLXXVIII. Of objection to be given to overseers (municipal borough registration) .. .. .. .. ,. .. 291 CCCLXXIX. Same to be given to persons objected to (borough regis- tration) .. .. ,. .. .. .. .. ib. CCCLXXX. Of withdrawal of objection to municipal voter (borough registration) 292 CCCLXXXI, Reviving an objection to municipal voter (borough regis- tration) .. ., .. .. .. ,. .. ib. CCCLXXXIL By voter of selection in the case of duplicate entries (borough registration) .. .. .. .. .. 293 CCCLXXXIII. Of claim by freemen to be given to the town clerk . . ib. CCCLXXXIV. Of claim by burgess in borough purely municipal . . 294 CCCLXXXV. Of objection to claim by burgess in borough purely municipal .. .. „ .. ,. .. ib. CCCLXXXVI. Of claim by liveryman in City of London .. .. ib. CCCLXXXVII. Of objection to parties inserted in the list of the livery 295 CCCLXXXVIII. Of objection to be given to the secondaries of the City of London and to the clerks of the respective livery companies .. .. .. ,. .. .. ib. CCCLXXXIX. Of sale of a copyright .. .. .. .. .. ib. CCCXC. Of assignment of a business and book debts .. .. 296 CCCXCL Of assignment of a bond debt .. .. .. .. ib. CCCXCIL Of an assignment of a book debt .. ,. .. .. 297 CCCXCIII. Of an assignment of a policy of life assurance by way of mortgage .. ., .. .. .. .. ib. CCCXCW. A short form 298 CCCXC V. Of an absolute assigment of a policy of life assurance . . 299 QQCX.Cyi. A shorter form ib. CCCXCVIL Of assignment of an annuity .. .. .. .. 300 CCCXCVIIL Of withdrawal of claim for a life policy .. .. .. 301 CCCXCIX. Of an equitable charge by way of mortgage .. .. ib. CCCC. To persons attending an auction of the consequences of purchasing the property offered for sale .. .. 302 CCCCI. By vendor to purchaser to complete a purchase, prepara- tory to commencing an action for specific performance of a contract .. .. .. .. .. .. ib. CCCCIL Of change of surname .. ., .. .. ,. 304 TABLE OF CONTENTS. XXlll Nos. CCCCIII. To poor law guardian of the readiness of a Imsband to support his deserting wife and children on their returning PAOB 305 PETITIONS. CCCCIV. In bankruptcy by debtor .. CCCCV. In bankruptcy by creditor CCCCVI. By creditor for administration in bankruptcy of estate of deceased debtor .. CCCCYII. For obtaining a licence for a Q.C. to defend a prisoner .. CCCCVIII. By the widow of a bastard who dies intestate, for the portion of his estate which devolves to the Crown ,. 305 30G 307 309 POWERS OP ATTORNEY. CCCCIX. For use in foreign countries CCCCX. Statutory declaration of the due execution of the fore- going power of attorney CCCCXL The mayor's jurat thereto CCCCXII. Notary's certificate CCCCXIII. Merchant's certificate CCCCXIV. For receiving a legacy abroad CCCCXV. For the general management and sale of property abroad CCCCXVI. For executing a company's deed of settlement .. CCCCXVII. Affidavit of the due execution of power of attorney 310 311 312 a. 313 314 315 316 ib. PROBATE. CCCCXVIII. Oath for an executor 317 PROMISSORY NOTES. CCCCXIX. Payable on demand CCCCXX. At sight CCCCXXI. Payable at one time CCCCXXII. By instalments CCCCXXIII. To secure a floating balance 319 320 ib. ib. 321 PROPOSALS. CCCCXXIV. With a view to a sale CCCCXX V. For mortgage of a freehold estate CCCCXXVI. For mortgage of a house .. CCCCXXVII. For mortgage of houses and buildings CCCCXXVIII. On application for loans on mortgage (if freehold) 321 322 323 324 325 XXIV TABLE OF CONTENTS. NOS. PAGE CCCCXXIX. On application for loans on mortgage (if copyhold) .. 325 CCCCXXX. Do. (if lifehold) 326 CCCCXXXI. Do. (if leasehold) ih. CCCCXXXII. Particulars for letting a mansion .. .. .. ,. ih. CCCCXXXIII. Of terms for repairs, &c 327 PROTEST. CCCCXXXIV. Of bill of exchange or promissory note where no notary public available .. .. .. .. .. .. 328 CCCCXXXV. On payment of money .. .. .. .. .. ih. RECEIPTS. CCCCXXXVI. For a debt 329 CCCCXXXVII. For debt and costs recovered in an action . . . . ih. CCCCXXXVIII. For rent ih. CCCCXXXIX. For interest 330 CCCCXL. For dividend in bankruptcy .. .. .. .. ih. CCCCXLI. For dividends under deeds of composition .. .. 331 CCCCXLII. To be given by building society to revest estate in the mortgagor .. .. .. .. .. .. ih. CCCCXLIII. To be indorsed on mortgage by friendly or provident society .. .. .. .. .. .. .. ih. CCCCXLIV. By sheriff for purchase-money of goods seized .. .. 332 CCCCXL V. For debts due from a deceased person . . . . . . ih. CCCCXLVI. For debt discharged by bills of exchange .. ,. ih. CCCCXLVII. For a debt due on a promissory note and balance of account .. .. .. .. .. .. .. 333 CCCCXLVII I. A witness's receipt ih. CCCCXLIX. For money payable under a policy of assurance ,. ih. CCCCL. For a debt secured by a warrant of attorney . . . . 334 CCCCLI. For a specific sum in satisfaction of an order in bastardy ih. REGISTER. CCCCLII. Of mortgages 335 CCCCLI II. Of muniments 336 CCCCLI V. Of life insurances to be effected 337 CCCCLV. Of fire insurance .. .. .. .. .. .. ih. REMOVAL OF JUDGMENT. CCCCLVI. Afiidavit in su[)iK)rt of an application for removal of a judgment or order .. .. .. .. .. 338 TABLE OF CONTENTS. XXV RESOLUTION. CCCCLVII. At second general meeting of creditors of baulinipt .. 339 RESTRAINING ORDER. CCCCLVIII. Affidavit for grounding a restraining order on stock .. ib. RETAINER. CCCOLIX. Of solicitor by plaintiff 340 CCCCLX. Shorter form for plaintiff 341 CCCCLXI. Short form for defendant *&• REVIVAL. CCCCLXII. By landlord and tenant of an agreement avoided by bank- ruptcy or non-performance .. .. .. •• ib. SCHEDULES. CCCGLXIII. Of title deeds and undertaking 342 CCCCLXI V. Of deeds comprised in an abstract of title .. • .. 343 STAMPS. CCCCLXV. Memorial for having a deed stamped without penalty after time expired, or after alteration in the date .. .. 344 CCCCLXVI. Declaration to accompany the above 345 CCCCLX VII. Another form «^- CCCCLXVIIL Declaration as to the alteration of the date of a deed pre- viously to its being stamped ,. .. •. •• 346 CCCCLXIX. Declaration for having a deed stamped after its return from abroad .. .. .. .. •• •• 347 CCCCLXX. Declaration for procuring an allowance of spoiled stamps ib. CCCCLXXL Corrective affidavit in connection with the stamp duties on probates and letters of administration .. .. 349 STAY OP PROCEEDINGS. CCCCLXXIL Affidavit of consent to judge's order for a stay of pro- ceedings .. .. .. .. •• •• •• 353 TRUSTEES. CCCCLXXIIL Affidavit in support of application to the Court for the appointment uf a new trustee .. .. .. •• 354 XXVI TABLE OF CONTENTS. UNDERTAKING. NOS. PAGE CCCCLXXIV. To pay a commission .. .. 354 CCCCLXXV. To release a debtor on payment of a composition by in- stalments .. .. .. .. .. .. 355 VALUATIONS. CCCCLXXVL Of freeholds 356 CCCCLXXVII. Of copyholds ib. CCCCLXXVIII. Of leaseholds 357 CCCCLXXIX. Of a life policy ib. CCCCLXXX. Of personal property 358 WARRANTS OF ATTORNEY. CCCCLXXXI. To confess judgment .. .. .. .. .. 359 CCCCLXXXII. Defeazance thereon . . . . . . . . . . 360 CCCCLXXXIII. Defeazance on warrant of attorney for securing payment of bills of exchange .. .. .. .. .. 361 CCCCLXXXIV. Affidavit of execution of warrant of attorney .. .. 362 WILLS. CCCCLXXXV. Affidavit by an attesting witness of the due execution of a will or codicil dated after 31 December. 1837 ., 363 CCCCLXXXVI. Affidavit by an attesting witness verifying alterations in a will before execution,. .. .. .. .. ib. CCCCLXXXVII. Affidavit by an attesting witness as to alterations made in a will after the execution thereof .. .. .. 364 CCCCLXXXVIII. Affidavit by an executor as to plight and condition and finding of a will .. ,. .. ,. .. 365 CCCCLXXXIX. Affidavit of the execution of a will by a marksman .. ib. INDEX 367 PRACTICAL FORMS. ^ ACKNOWLEDGMENTS. No. I. Of a Deed by a Married Woman (a). This Deed was this day produced before me, and acknowledged by {christian name), the wife of {name in full of husband), therein (a) By the Rules issued in January, 1883, under the Conveyancing Act, 1882 (45 &46 Vict. c. 39), the practice in respect of these acknowledgments 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 acknowledgment (rule 1), though the deed will not be impeachable on that ground only (s. 7, sub-s. 3 of the Act). The solicitor " concerned in the transaction " must not be present when the acknowledgment is taken (r. 2). The memorandum of acknowledgment is slightly altered from that in use under s. 8-i of the Fines and Recoveries Act, but it may still be placed iu 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 Com- missioner 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 {producing 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 giving 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 acknowledgment " 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 n 2 PRACTICAL FORMS. named to be her act and deed {V) previous to wliich acknowledg- ment (e) tlie said {christian name of tvife) was (d) examined by me separately and apart from her husband (e) touching her knowledge 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 (A) 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 acknowledg- ment. Dated this day of , 18 — (i) {Signature.) \ Perpetual Commissioner for taking acknowledgments of deeds by married women (k). No. II. Of a Deed to be Enrolled (I). 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 (m). Commissioner is appointed ; but every acknowledgment must be taken by him within the latter coimty (3 & 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 Certificate 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^ seai'ches made as in the other indexes and registers kept in the central office." For the fees payable, see s. 7 of the Conveyancing Act, 1882, and r. 8, of the above rules and the schedule thereto. (ji,) Qr^ — {if more than one) — their several acts and deeds. (c) Or, — acknowledgments. (f/) Or, {if more than one) — the said and were, and each of them was. (^g) Or, — their respective husbands. (/) Or,— their. (g) Or, — each of them. (h) The next paragraph is to be omitted if the acknowledgment is taken by a judge (r. 4). • , i {i) The date is not given in the forms prescribed by the rules, but it is usual and proper to add it, as tlie w^rds " tliis day " arc used at tlic coTnincncenient. rf^\ Or, — the special commissioner appointed to take the aforesaid acknowledgment, or, a judge of the High Court of Justice in England, or,^a. judge of the county court of , but th(! acknowledgment will not be affected though not signed in accordance with any of the above forms (r. 5). (/) To be written in the margin of the deed. (to) Or, whatever the style of the officer or Commissioner taking the acknowledg- ment may be. As to the enrolment of deeds in the Enrolment L)e])artment of the Central Office of the Supreme Court, see Rules of Supreme Court, 1888, Order 61, r. ul all the woids after " England." («) Here insert — "Other" — or, "No" — according to the circumstances; and, in the latter case, strike out the words — " and is of the value of £ ." (y) C*/-,— her. (2) iVbiney contracted to be paid on the death of the deceased in consideration of marriage, is not a voluntary debt, and may be deducted. PRACTICAL FORMS. 13 delivered to the donee thereof within three montlis before the death of the deceased, or debts which are primarily payable out of any real estate belonging to the deceased (a), or debts in respect whereof a reimbursement is capable of being claimed from any real estate of the deceased (b) or from any other estate or person (c) wliatsoever. 9. The aggregate amount of the said debts and funeral expenses is £ : — : — ; which being deducted from the value of the personal estate and effects as specified in the account No. 1, hereto annexed, reduces such value to the sum of £ : — : — . All which is true, to the best of my knowledge and belief. Sworn, &c. {as at p. 10) {d). {Signature.) Account No. 1. Personal Estate in respect op which the Grant is to be made. Market price of Stock at date of AfBdavit. Gross Value. Stocks or funds (inchidinp; Exchequer Bills) of the United Kingdom, viz. : (e) . £ s. d. £ s. d. Stocks, funds, or bonds of foreign countries, or of British Dependen- cies, and Colonies, transferable in the United Kingdom, viz. : . Proprietary shares or debentures of public companies Dividends and interest declared, received, and accrued due, in re- spect of the above investments (as per exhibit annexed) to date of affidavit Carried forward . . . £ (a) A mortgage debt, not created by the deceased himself, but charged on real estate which was acquired by the deceased subject to the mortgage is primarily payable out of such real estate and must not be deducted. (b) A mortgage debt created by the deceased himself on his real estate, but which is xmyable by his heir or devisee under Locke King's Act (17 & 18 Vict. c. 113), is a debt in respect of which reimbursement may be claimed, and must not be deducted. (c) A debt for payment of which the deceased was surety only, must not be deducted. (fZ) Or, — affirmed (see^os^, title Affirmation). (e) Published quotations or brokers' certificate, or letters from the secretaries of the companies showing medium selling price at the date of affidavit, should be attached in this and the three next cases. If there be not sufficient room in the official form for any of .the particulars required, supplementary sheets may be added. 14 PRACTICAL FORMS. Cash in the house . Cash at the bankers Brought forward I (1) on drawing account J (2) on dejTOsit Money out on mortgage, bonds, bills, notes, and other securities . Interest thereon to date of affidavit, as per exhibit annexed . Book debts .......... Other debts .......... Unpaid purchase-money of real and leasehold estate contracted in lifetime of the deceased to be sold ...... Personal estate over which the deceased had and exercised an absolute power of appointment (/) ..... Policies of insurance on the life of the deceased or on that of any other person, viz. ........ Bonus thereon ......... Household goods, pictures, china, linen, apparel, books, plate, jewels, carriages, horses, &c. : — If sold, realized gross . . £ If unsold, valued at . . £ Stock-in-trade, live and dead farming stock, implements of hus- bandry, &c. : — If sold, realized gross . . £ If unsold, valued at . . £ Goodwill of business, if taken over at a price If valued according to custom of trade £ £ If neither, estimated at ...... Profits of business to date of affidavit, estimated at . . . Ships and shares of ships registered at ports in the United Kingdom, estimated at ...,,... . Profits of same to date of affidavit, estimated at ... The deceased's share in the real and personal estate 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 (y) If sold, realized gross . . £ If unsold, estimated at . . £ Less a mortgage debt of £ £ due from the deceased and created by an indenture dated the day of 18 , for which the said lease- hold property is the sole security .... Carried forward d. (/) If the power or life 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. (.7) A particular description comprising terms unexpired at date of affidavit, gross rents where let, or, if not lot, either the assessment to property tax or the qrosn (not rateable) assessment to the poor-rate ; also the ground-rent, together with the nature and amount of the yearly outgoings paid by the lessee as owner. PRACTICAL FORMS. Brought forward . . £ Eents of the deceased's own real and leasehold property due prior to the death, but not received by the deceased, estimated at (A) . Bents of the deceased's leasehold property accrued since the death and apportionment of the rents to date of affidavit, estimated at . Apportionment of the rents of the deceased's real estate to date of death, estimated at . . . . . . . _ . Income accrued due (/), but not received prior to the death, arising; from real and personal estate, of which the deceased was tenant for life, or for any less period, viz. ..... Apportionment of such income to date of death .... Tlie deceased's interest expectant upon the death of now, aged years, under the will of proved or, under the settlement made on the marriage of and dated in the property set out in the exhibit annexed, and of which fund the present trustees are (Jc) ....... Other personal estate not comprised under the foregoing heads, viz. (I) To be signed by the persons making oath or affirmation 15 Account No. 2. Personal estate locally situate abroad, and in respect of which no grant is required, such, for instance, as foreign stocks or funds which are not transferable in the United Kingdom. To be siffned as above. Bchedule. Part 1. Containing an account of the debts due, and owing from the deceased, to persons resident in the United Kingdom {in). Name and address of Creditor. Description of Debt. (This should include the date, and short particulars of any mortgage, bond or other security for the debt.) Amount. £ £ s. d. (h) These two words must he cancelled when the amount is actually ascertained, (i) Here state particulars of the title. (k) Here state their names, residences, and calling. (?) Here insert arrears of salary or annuity, club allowances, and the like. (to) As to character of the debts which may be deducted, see ante, nn. (z), , 12, and (a), (b), (c), p. 13. 16 PRACTICAL FORMS. Part 2. Containing an account of the funeral expenses of the deceased. To be signed by the persons making oath or affirmation. s. d. No. xviri. Affidavit of Justification hy Sureties. In the &c. {as in form no. xv.) We {first deponent), of, &e., Grocer, and {second deponent), of, &c.. Draper, jointly and severally make oath {n) 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 faitiiful administration of the said personal estate and effects [of the said deceased] ; and I, the said {first deponent), for myself further make oath, (n) 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 {n) that I am, after payment of all my just debts, well and truly worth, in real and personal estate, the sum of pounds. SwouN by the said {first depone?it) and {second deponent) at, &c. {as at p. 10.) {Signatures.) (n) Or, — solemnly, sincerely and truly declare and affirm. PRACTICAL FORMS. 17 No. XIX. Affidavit in Support of an Administration Summons in the Chancery Division by a Creditor. In the High Court of Justice. 1 8 — (o), no. — . Chancery Division. Mr. Justice . In the Matter of the estate of {the deceased), deceased, Between {the creditor) (p), Plaintifi, and {The representatives of the deceased). Defendants. I {the deponent), {q) 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 (r) in the sum of pounds (s), for goods sold and delivered by me {t) to the said {deceased), deceased, in his lifetime and at his request, at the times aud at the prices marked in the full particulars of my said demand set forth in the paper writing now produced, and shewn 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 aud 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 {u), 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 {x) under and by virtue of the said bill of exchange (y) and on the account aforesaid. (o) The initial letter of the surname of the deceased person. (p) If suing on behalf of himself aud all other the creditors of the deceased, this should be stated. {q) For variations where the deponent is one of a firm, &c., see post, p. 21. (r) See preceding note. (s) If the debt or a part of it be due on bill or note here 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], dated the ■ day of 18 — , and which said biU [or, notej 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 (as above). (t) See above n. (q). (tt) Or, — promissory note. (ic) See above u. (y). (y) Or, — promissory note. C 18 PRACTICAL FORMS. 4. {%) The said {deceased) died on or about the day of , 18—, and probate of his will (a) has been granted by the Principal Registry (b) of the Probate Division of the High Court to the Defendant (c). 5. \If not alreadtj stated hj inference in the ^th paragraph, here shew means of Jcnowledge.] Sworn, &c. {as at p. 10.) {Tlie deponent.) Filed on behalf of — No. XX. Affidavit of Service of an Administration Summons in the Chancery Division (d). In the High Court of Justice. 18— {e), no — . Chancery Division. {Name of Judge.) In the Matter of the estate of {the deceased), deceased, Between {the creditor) (/), Plaintiff, and {The representatives of the deceased), Defendants. I {the deponent), of, &e., Clerk to H. M. of, &c., Solicitor for the above named Plaintiff, make oath, and say as follows : — 1. I did on the day of , 18—, before six o'clock in the evening {g), serve the above named Defendant {hsre state the defen- dant's "name) with a summons in this matter, bearing date the day of , 18 — , issued from and under the seal of the Central Office of this Honourable Court, and sealed with the seal used in the chambers of Mr. Justice {the name of the Judge), addressed to the said {h), by delivering to, and leaving with the said Defendant {the defendant's name) personally at {i), a true copy of the said summons at the same time producing and shewing the said summons (z) This paragraph is required to prove that the defendant is the proper person to be sued. ((j) Or, — letters of administration of his personal estate have. (h) Or, as the case may be. (c) Or, as the case may be. {(l) 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, nilc 5 (B.)- (fi) The initial letter of the surname of the deceased person. (/) Add (if roal estate is included), on behalf of himself and all other creditors of {the deceased) deceased. (ry) Or (in the case of a Saturday),— two o'clock in the afternoon : see Rules of Supreme Court, 188.'?, Ord. 64, r. 11. (h) JS'anics of the persons required to he served, add (if so) — and others. (t) Describe the person or persons on whom, and where, service was etfectrd ; e.r/., the said A. B., personally at , in the county of , and the said C. D. personally at &c., '-r, -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. PRACTICAL FORMS. 19 to the said Defendant, to whom such true copy was delivered as aforesaid ; by which said summons the said Defendant was required to attend at the chambers aforesaid, at the Royal Courts of Justice, London, on the , day of , 18—, at of the clock in the {h) noon, to show cause, if he could, why an order for the administration of the personal (?) estate of the above named {the deceased) should not be »ranted. 2. There was at the foot of the copy of the said summons so served, and at the foot of the said summons when so produced as aforesaid, a memorandum that such summons was taken out by of solicitor for (m), and a notice that if the said {defendant) did not attend, either in person or by his solicitor, at the time and place mentioned in the said summons {n), such order would be made in his absence, and proceedings taken as the Judge might think just and expedient. Sworn, &c. {as at p. 10.) {The deponent) Filed, &c. No. XXI. Affidavit by Creditor to prove a Debt {d). In the High Court of Justice. 18 — , no. — . Chancery Division. {Name of Judge.) In the Matter of the estate of {the debtor). Between A. B., and others. Plaintiffs, and C. D., and others, Defendants. I {the deponent), of &c. (p), make oath and say as follows : — 1. {The debtor) the testator {q) in the judgment (r) dated the (Jay of , 18 — , in this action (s) 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 {t). (k) The time ppecified in the memorandum in the margin or foot of the summons. (I) Or, — real and personal. (m) Insert these particulars as in the summons. (n) Or (where there has been an enlargement of the time), at the place mentioned in the said summons, at the time mentioned in the indorsement thereon. (o) No affidavit is required unless notice is given to the creditor, that he must file such affidavit as he may be advised iu support of his claim : see Rules of Supreme Court, Ord. 55, r. 56 ; and for the form of notice, see No. 8 in Appendix L. to the same rules. (p) Add description, e.(}., gentleman, and {if so) a solicitor of the Supreme Court. ('/) Or, — intestate. (r) Or, — order. (s) Or, — matter. (0 E.g., work done as a solicitor, &c. : see Form No. Ixviii., p. 35; and (if so) in the further sum of £,- for interest upon, and for the forbearance at interest, &c. : see Form No. Ixii., p. o-l. c 2 20 PRACTICAL FORMS. 2. The full particulars of my aforesaid demand are set forth in the paper writing now produced and shewn to me and marked {initial letters of deponent's name folloived hij a number) (u). 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 (x) 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 satisfaction whatsoever for the same or any part thereof. Sworn, &c. {as at p. 10). {TJie deponent.) Filed &c. No. XXII. Affidavit, by Annuitmit under a Bond, to prove Arrears due {y). In the, &c. {as in the preceding form). I {the deponent), of {place of ahode and description), make oath and say as follows : — I {the debtor), the testator (z) in the judgment {a) dated the (Jay of , 18 — in this action (b) 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 (e), and which said bond is now produced and shewn to me and marked {d). 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 annuities computed to the day of , 18 — . 3. And I, speaking positively for myself and, &c. {as in preceding form). SwoKN, &c. {as at p. 10). {Tlie deponent.) Filed &c. {u) Marking the exhibit in this way avoids confusion. For form of memorandum seeposi, title " Exhibits." It should bo signed by the deponent. (x) Or, — business of a timber merchant — or, trade of a grocer. (?/) See note (o) to preceding form. (2) Or, — intestate. (a) Or, — order. (h) Or, — matter. (r) Or, — as the case may be. {d) '\'o be marked with initial letter of deponent's name followed by number, and make the bond an exhibit. PRACTICAL FORMS. 21 AFFIDAVITS {e). SECTION 1. (/) No. XXIII. The Parties making the Affidavit. I {the deponent), (g) of D., in the county of , Grocer, make oath and say : — (e) Practically the regulations as to the forms in use, and the mode of swearing affidavits are the same now in a'l 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 Rules, 1883, rr. 39-50. As to stamping affidavits and the use of office copies : see rule 15 of the above order of ttie High Court, and as to the exemp- tion from stamp duty (except as to fees) of affidavits in proceedinscs in any Court, and in bankruptcy, see Stamp Act, 1870, 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 suljject, and the paragraphs should be numbei-ed consecutively, but figures relating to dates and sums are allowed, though in the Probate Division both dates and su7ns, 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, the 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. (/) By way of illustration the form of an affidavit of debt is divided into sections, ■with several variations given, indicating their application to different circumstancts, 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 difterences in the headings to affidavits according to the court and matter in which the affidavit is used, see the affidavits given in full imder the various titles throughout this collection of forms. (g) Or,— 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 Republic of France, Merchant. Or, — R. R., 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." {accordiiuj to the style of the firm). Or, if made by one of afirm,--^,. R., for and on behalf of myself and G. A. and T. 0., my co-partners in trade. Or, — R. R., of, &c,, Gentleman, executor of — or, one of the executors named and appointed in and by — or, surviving executor under — the last wiU and testament of H. M., deceased. Jfmade hi/ an executor, here 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 by an administrator de bonis non) — 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 22 PRACTICAL FORMS. SECTION 2. The Subject-matter. No. XXIV. The Debt. {After make oath and say, add : — ) 1. That (h) (the debtor), the above named defendant (^), is justly and truly indebted to me (j) in the sum of pounds for, &c. (see the following fift^J -eight forms). STATEMENT OF THE CAUSE OF ACTION. (A.) Special Contracts. No. XXV. For Principal and Interest due upon a Mortgage. For (h) principal and interest due [and owing] from the said {mortgagor) to me upon and by virtue of a certain indenture of mort- gage, under his hand and seal, and bearing date, &c., and made 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. Or, — R. R., of, &c., Grocer, one of the above-named plaintiffs — or, who has sur- vived S. S., his late partner, deceased. Or, when sworn by two or 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, post, no. cxxiii., p. Gb). Qi) It is not necessary to commence each paragraph with "that," but it is con- venient to do so where tlie affidavit is short, otherwise alter " say," add the words " as follows," and commence the paragraphs with " On" or other suitable word, according to the context. (i) If so, here add — who has survived S. S., his late co-partner in trade. 0") If the debt be due to a firm, here add — and to A. B. and C. D., my co-partners [in trade]. \i 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 {the ttatator), deceased. Or, — if made by an administrator or assignee, say — as such administrator — or, assignee — as afore.>aid. i)r, if made by husband and wife for a debt due to the latter, or as legatees, here add — and C. M., my wife, as legatees under the last will and testament — or, if for a distrihutlvii share — of a distributive share of the estate and effects of {the intestate), deceased. Or, if maile by a cestui que trust upon a special contract — unto the (trustee), in trust for me, this deponent. {/c) This must follow after the words " pounds" in the previous Form. PRACTICAL FORMS. 23 between, &c., whereby he [the said {mortgagor)] covenanted [and agreed] to pay to me (J) 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. XXVI. 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 the said (mortgagee), 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 (m). And 1 further say, that the said indenture of mortgage, with the principal and interest due {n) thereon, have been duly assigned by the said {mortgagee) to me (o) ; 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. XXVII. For the Arrears of an Annuity. For the arrears of a certain annuity or yearly sum of pounds, granted by the said {grantor) unto me (j9), in and by a certain iudeu- ture {q) bearing date, &c., and made between, &c., payable from the day of the date thereof for and during my life (r), and whereby the said {grantor) also covenanted (s) duly to pay the same yearly and (/) Or, if made by an executor or administrator, instead of " to me " substitute — to A. B., deceased. (in) A party suing en autre droit as executor, administrator, trustee of a bankrupt, assignee, or the like, is allowed to swear to the best of his belief, the grounds of such belief being stated : Rules of Supreme Court, 1883, Ord. 38, r. 3 ; Shfldon v. Baker, 1 T. R. 84 ; Lowe v. Farley, 1 Chitt. 92, and by the books, &c., of the deceased, Folder v. Morton, 2 B, & P. 48, as it cannot be presumed that he is able to swear positively to the fact. (n) And, if so — all other moneys to become due. (o) If the affidavit be made by an assignee the assignor must join to negative its payment to himself, but as to the position of the transferee of a statutory mortgage : see Conveyancing Act, 1881, s. 27; and, as to the effect of an absolute assignment of which express notice has been given to the party liable : see Judicature Act, 1873, s. 25, sub-s. 3. (2') Or, — unto tlie said J. R., since deceased, bis executors, administrators, and assigns ; — who, in and by bis last will and testament, in writing [bearing date, &c.], devised tbe same to me. (q) Or, — devised to me by the last will and testament of tbe (testator) late of, &c,, Grocer [bearing date, &c.]. (r) Or, — for and during the natural lives of C. D. and E. F., and the life of the survivor of them, or, — as the case may be, or, — for and during the term of years, thence next ensuing. (s) 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 — . 24 PRACTICAL FORMS. every year unto me by equal half-yearly (t) payments, namely, on the day of , &c. {stating the times), in each and every year during my life (w) : And I further say that one {x) of such half- yearly or, quarterly payments, amounting to the said sum of pounds, is now in arrear and unpaid. No. XXVIII. For Rent due on Lease. For the arrears of a certain yearly rent of pounds {y) due and payable to me, upon and by virtue of an indenture ot lease, bearing date &c., and made, &c. (0). No. XXIX. 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 (a), the day of , 18 — •, against the said (debtor), the sum of pounds, for my damages, costs, and charges (h). No. XXX. Upo7i a ( Voyage') Policy of Insurance. Upon and by virtue of a certain policy of insurance effected by me (c) of a certain ship or vessel called " The Dart," on a voyage from Loudon to Quebec {or, as the case maij he) ; and which said policy was and is underwritten by the said {debtor) for the sum of (i) Or, — quarterly, namely, on &c. (stati)ig thetiiws). (m) Or, — the said lives — or, the said term. (.'■) Or, — two ("/■ iii(iri') 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. (2/) Or, — for one year's — or, a half — or, a quarter — of a year's rent. (2) If against nn ii^s/(/iirf', heri.' mkl — which said indenture of lease, and all the estate and interest of the said (/issn) 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. (a) Or, — whereby I, on the day of , 18 — , recovered, &c. (/() Or, — for a debt "/• other cause, according to the terni.'^ of the judgment — amounting to pounds, and also the sum of pounds, for my damages, costs, and charges. Or, — if tlie .illiilavit he ui.'i-le by an e.rerufor ov (issic/nt'c, s\iy, — re- covered by the said J. R., deceased, in his lifetime, against the said {dchtor) for the sum of pounds, &c. ('f.s uhon) adding— and which judgment is still in force and unsatisfied as appears by the record of such judgment. And as I verily believe — (r) (Jr, if ])roi)erty,therein, .say — on certain casks of wine — {or other thmys) of the value of pounds, on board, &c. (us above). PRACTICAL FORMS. 25 pounds : And I further say that tlie said ship or vessel was lost {d) on her said voyage ; which loss (e) was one of the perils insured against by the said policy : And I further say, that a loss of pounds (/) upon the said policy has since been adjusted and signed by the said {debtor). No. XXXI. Upon a Time Policy. Upon" and by virtue of a certain policy of assurance, whereby I {g) 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 wheresoever, 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 the said {debtor) for the sum of pounds {h) : 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 {i) ; 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. XXXII. jPor Premiums of Insurance, (j) For certain premiums of insurance dae 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 {Jc) by me for the said {debtor), and at his request. {d) Or,— was captured — or, taken as a prize — or, the said casks of wine were captured and taken as a prize, on board the said ship or vessel, by the enemies of our lady the Queen. (e) Or, — capture. (/) Or, — pounds per centum. (gf) Or, — by A. B., as my agent. (A) If underwritten by an (Oji-nt, here add — 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'). (0 Or, — wrecked, lost, and destroyed, (y) A phorler form would run — For premiums due and payable by the said (dehtor) to me, for insuring certain ships and vessels — or, goods — by me for the said {debtor) and at his request. 'J'he request must be stated, Marshu/I v. Davison, 2 Tyr. 31 f). {k) Or, — divers goods, wares, and merchandise, on board of certain ships or vessels. 26 PRACTICAL FORMS. No. XXXIII. For Freight under a Charterjparty . Upon and by virtue of a charterparty 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 London to Cork in Ireland {or, as the case may he). (B.) AETICLES OF AGKEEMENT. No. XXXIV. 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 (m). No. XXXV. For a Premium upon a Lease. Under and by virtue of a certain agreement, bearing date, &c., and made, &c., wheieby, in consideration that I would grant a lease to the said {debtor) of certain messuages, eS:c., therein particularly de- scribed, for the term of years, the said {debtor) agreeil 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 {n) granted by me to the said {debtor), pursuant to the terms of the said airreement. 'O' No. XXXVI. For Debt on Award. Upon and by virtue of a certain award [and umpirage], made by {the arbitrators) (o) upon and by virtue of a certain submission, made and entered into by me and the said {debtor) on the to the award, order, and determination of {the arbitrators), or their um{)ire, of and concerning (;;) matters in difference tlien depending between me and the said {debtor), touching a certain indenture of lease bear- (?) An agreement under seal need not set out a consideration ; but in a parol agreement it must be shown. (m) See p. 27, n. (<). (n) Or,— on or before the day of 18—, was granted, &o. {as above). (o) Or, — tlie uinpirc, it' one. (/') Or, — all — or, certain. PRACTICAL FORMS. 27 ing date, &g., and made &c., {or, as the case may he) (q), upon and by virtue of which said reference, the said arbitrators (r) awarded that the said (deUor) should pay to me the sum of pounds, at a day now past. No. XXXVII. F'or 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 (s) 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 {t), on a certain day now past. No. XXXVIII. For Money upon an Arbitration Bond. Upon or by virtue of a certain bond, bearing date, &c. \as above, down to the tvord " 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. XXXIX. F'or 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 bond above), conditioned for the payment of the annual sum of pounds by the said {debtor) to me, during the life of the said {debtor) {u). {q) If on an umpirage, here add, — by wh.icli said submission the said {arhitrators) were empowered in case they should not agree in making their award, to appoint a third person to award, order, and determine, and finally settle the said matters in dif- ference; whereupon the said (arbitrators), not agreeing in making the said award, they, by virtue of the power aforesaid, and by and with the consent and approbation of myself and the said {dhtor), nominated and appointed the said {umpire) as an umpire to award, order, and finally determine the said matters in difference. (?•) Ur, — umpire. (s) Or, — if the deponent he an assignee of the hond, instead of the words to me ; substitute, — to one A. B., who duly assigned the said bond to me. (t) Or, — with lawful interest thereon, — or, with interest thereon after the rate of pounds for every one hundred pounds by the year {according to the terms of the bond). {u) Or, — of A. B., who is still living. 28 PRACTICAL FORMS. (C.) SIMPLE CONTEACTS. (1.) Upon Bills of Exchange. No. XL. Drawer against Acceptor. Foe principal money due to me on a bill of exchange {x) bearing date, &c., drawn by me {y) upon and accepted by the said {debtor) for the payment to me (z) or my order (a) of pounds months after the date thereof {h). No. XLI. Indorsee or Bearer against Drawer, For principal money due to me as indorsee (c) of a bill of ex- change [bearing date, &c.], drawn by the said {debtor) upon and accepted by {the acceptor) for the payment [of the sum] of pounds to the said {debtor) or his order {d) at a certain day now past (e) and by the said {debtor) indorsed to me (/). No. XLII. Payee against Drawer. Proceed as in tJie last form down to " as indorsee," and then add — as payee of a certain bill of exchange [bearing date, &c.,] drawn by the said {debtor) upon me {the intended acceptor) for payment of the [said] sum of pounds to the said {debtor) or to his order {g), at (;'■) Or, if two or more liills, say- — two certain bills of exchange, dated respectively the day of , and the day of , 18 — , respectively drawn by me upon, &c. {JoVowiiKj the billa as to the sums and days of puyment). (//) Jf drawn hy 2>rocur at ion, say — drawn — or, respectively drawn by procuration for and on my account — or, by me and my co-partner trading as — or, under the style — or, firm—of " A. B. & Co." (z) Or, — to me and my said co-partner, or our order. (a) Tliis will be iii>])lie(l -ander the Bills of Exchange Act, 1882, s. 8, suh-s. (4.) {b) If any interest he due on the bill, here add — and for interest thereon after the rate of - per centum per annum from the day of last, — or, 18 — , when the said bill of exchange became due. (c) Or, if by hnircr, sav — bearer. (d) Or, — to the order of the said {dehior). (e) Or, — as the case may be. When the last six words are used, the date should be omitted. (/■) Or, — and by him transferred and delivered to me — and ('/ so), to my said co- partner—or, to (t/iejirst indorsee) who indorsed the same to me — or, {>/ so) to me and my said co-partner. If the accejitor has n fused paynient, here add — and payment of which said bill of exchange has been refused by the said (acceptor), and ii' acceptance lias been reiuseil, nuut the words — and accepted by — and add — and which said bill has been refused acceptance by the said {acceptor). (fj) 8ee ante, n. ('/). ' PRACTICAL FORMS. 29 a certain day now past {h), and which said bill of exchange was duly- indorsed to me and has been refused acceptance (?'). No. XLIir. Payee or Indorsee against Acceptor. Proceed as last directed, and then add — as payee (Jc) of a certain bill of exchange bearing date, &c., drawn by (the drawer) upon and accepted by the said (debtor) for the payment of the said sum of pounds months after the date thereof, to the said (draiver) or to his order (I) and which said bill of exchange was duly indorsed by him, the said (drawer) to me (m). No. XLIV. Indorsee against Acceptor. (Foreign Bill of Exchange.) For principal money due upon [and by virtue of] a bill of exchange drawn by the said (draiver) at Paris in the republic of France (or, as the case niaij he), upon and accepted by the said (debtor) for payment of francs to the order of the said (drawer), and by him indorsed to me, which [said] bill of exchange has been refused payment by the said (debtor) and [the same] has been duly protested for such non-payment, which said sum of francs was at the time of the drawing of the said bill and when it became payable, and still is of the value of pounds of lawful money of Great Britain. (2.) On Promissory Notes. No. XLV. Payee against Maker. For principal money due to me on a certain promissory note, bearing date, &c., and made by the said (debtor) whereby he promised to pay months after the date thereof (n) to me or my order (o) (h) See p. 28, n. (e). (i) Or, — has not 'beeii accepted by the said (intended acceptor), who has refused to accept the same, although duly presented to him for that purpose. (k) Or, — indorsee. (0 See n. (d), p. 28. (m) See d. (/), p. 28. (n) Or, — on demand. (o) Or, — to me and [C. D.,] my co-partner [in trade] or to our order. 0>-,— to the order of W. C. & Co. {the firm as stated in the bill), who duly indorsed the same to me. 30 PB ACTIO AL FORMS. [the sum of] pounds, and interest thereon after the rate of pounds per centum per annum, at a certain day now past {'p). No. XL VI. On a Note payable by Instalments. Proceed as in the last form doivn to the words " to pay," and then add — to me or my order the sum of pounds [with lawful interest (q)^ in manner following, namely, the sum of pounds, part thereof, on the day of ■ 18 — , the further sum of pounds, another part thereof, on the day of last past ; and the residue thereof on the day of last past, for value received ; And I further say (r) that the said several instalments have re- spectively become due and payable to me (s). No. XL VII. Indorsee against Maker. For principal, &c. {as above), due to me as indorsee of a certain promissory note, bearing date, &c., and made by the said {debtor) for the payment of pounds to the order of the {jpayee) months after the date thereof and by the said {j^ayee) indorsed to me {t). No. XLVIII. Indorsee against Indorser. For principal, c^"C. {as before, down to " made " and then add — ) by {the maher) payable (w) to the {j)ayee) or his order {x) at a certain day now past (?/), and by the said {jpayee) indorsed to me, and which said note has been refused payment by the said {maJcer). (p) If the date of the note be previously stated, by which it can be seen when the day of payment has passed, the last six words should be here omitted. {(/) If the rate of interest is stated in the note, here follow the words of the last form — with interest thereon after the rate, &c. (r) If only one instahnent lias becoiiiu due, instead of the residue of this clause, substitute — that the first —or, other of the said instalments has become due and pay- able to me at a certain day now past. Or, it' all the instalments bfcniiK; jiayable on non-payment of the first, instead of the last clause, say — that the said {dchtor) has not paid the said first instalment or stun of pounds ; whereby the whole of the said sum of pounds (the whole debt) has become due and payable to me. (,s) See variations in the preceding forms relating to bills of exchange when made payable to the deponent and his co-jjartners or other persons. (0 If endorsed more than once, here state— indorsed to {the first indorsee) who indorsed the same to me. («) Or, — whereby the said (drhtor) promised to pay. \x) Or, — to the order of me {the payee). {y) Or, — at sight— or, days after sight — or, on demand. PRACTICAL FORMS. 31 (3.) On Cheques. No. XLIX. Payee or Bearer against Maker. For principal money dne to me as payee (2) of a certain banker's cheque drawn by the said {debtor) on Messrs, A. B. & Co. {a) for the payment of pounds to me (h) on demand, and which said cheque has been refused payment by the said Messrs. A. B. & Co. (c). (D.) GENERAL SUBJECTS. No. L. For Money in Exchange of Property. For money which the said {debtor) agreed to pay me, together with a horse {d) of the said {debtor) in exchange for a horse of mine delivered by me to the said {debtor), and at his request. No. LI. For Use and Occupation. For the use and occupation of a certain messuage or dwelh'ng- house (e), garden, and hereditaments, with the appurtenances (/) of mine, and held and enjoyed by the said {debtor) at his request, as tenant thereof to me for months, expiring on the day of last past {g). No. LIT. For Double Rent. For double rent of a certain messuage or dwelling-house and garden Qi) and hereditaments {i) of mine, held and enjoyed by (z) Or, — bearer. (f() Or, — A. B. and Company — or, the Joint Stock Banking Company, Limited — or, accordinfi; to the style or title of the company or firm. Q)) Or, to {-payee) or order — or, bearer and by him the said {payee) transferred and delivered to me. (f.) (jr, — by the said Joint Stock Banking Company, or as the case may he. (d) Or, — a cow — or, divers sheep — {or other things). (f) Or, — farm and lands — or, certain shops or warehouses — or, rooms and apart- ments. (/ ) If furnished, here add — together with certain furniture, and other goods and chattels, — and, if so, other necessary articles and things. If for board also, see j90s<, p. 3.3. (r/) Or, — other term — or, for a long time now elapsed. (A) Or, — farm and lands. ('■) Or, — other property, as the case may be. 32 PRACTICAL FORMS. the said {debtor) as tenant thereof to me, and at his request, at the yearly rent of pounds, payable half-yearly (Ji), for one half- year ending at last, and which said half-year's (J) rent accrued due after the expiration of a certain notice duly given to me by the said (debtor) that he the said (debtor) would quit the said dwell- ing-house and premises on and whereby the said tenancy was duly determined (m). No. LIII. F'or Wharfage and Warehouse room. For the wharfage '(w) of certain goods and chattels of the said (debtor) (o) upon my wharfs, warehouses, buildings, and premises (-p) for the said (debtor) and at his request. No. LIV. For the Hire of a Horse and Carriage, and for the Standing of Carriages, Goods, ^'c. For the use and hire (q) of a certain horse and carriage (r) let to hire and delivered by me to the said (debtor), and at his request, and by him (s) had and used, and for the standing of carriages kept and taken care of by me for the said (debtor) and at his request. No. LV. For Use of Pasture and Eatage. For the use of certain pasture land belonging to me, and the eatage of the grass and herbage thereof, let by me to the said (debtor), and at his request, and by him the said (debtor), had and used for the depasturing of [divers sheep and other] cattle. (Jc) Or, — quarterly. (J) Or, — quarters. (m) If the notice was given by the landlord to the tenant, the claim would be for double value. (?)) Or, — warehouse room {or, bntli). (o) If so, Init if not— deposited, stowed, and kept by me in and upon my warehouses, buildings, and premises. (p) If provided by the deponent, here substitute — found and provided by me. (7) " Hire " im]iorts a contract : Shelf ord v. O'Brien, 5 I). P. C. 1 ~t'^. (r) Or, — of divers horses, mares, and geldings, or, divers chaises and other carriages, or, of certain goods and chattels, or oilier things, naming them, or, of certain lighters and other vessels. (s) Add, if desired — the said debtor. PRACTICAL FORMS. 33 No. LVI. For the Use of a Dairy. For the use and employment of a certain dairy of cows belonginp^ to me, and by me let to hire and delivered to the said {debtor), and at his request, and by the said {debtor) held and enjoyed as tenant thereof to me for six months {or other term) now elapsed. No. LVII. For Demurrage, For the use of a certain ship or vessel belonging to me {t), held and retained on demurrage and otherwise for a long time now elapsed, by tlie said {debtor) and at his request. No. LVIII. For Wages or Salary. For wages {y) due and payable from the said {debtor) to me, for services rendered and performed by me for the said {debtor), as the hired servant of the said {debtor) {z) and on his retainer. No. LIX. For Board and Lodging. For meat, drink, lodging, washing, firing, candles {a), attendance, and other necessaries found and provided by me (b) for the said {debtor) at his request (c). No. LX. For Board and Education. For meat, drink, lodging, maintenance, and education {d), found and provided by me for the said {debtor) and at his request. (0 Or,— whereof I this deponent am — or, was, master, ?/ so— with divers goods, furniture, and effects, in and on board the same. (?/) Or, — salary. (2) Or, — as clerk to — or, as the master and commander of, — or, as mariner on board a certain ship or vessel belonging to the said (debtor) called the Dart. (a) These classes of words must be varied according to the circumstances. (b) Or, — if so — as an innkeeper, — or, hotel keeper, — or, lodging-house keeper. I (c) Or, — for the said (debtor), and (;/ .so) divers other persons, and at his request. I (d) And, if so, — for washing, and for clothes and other necessaries, for J. R., the I infant son, — or, daughter, — or, illegitimate child — of the said (debtor). i D 34 PB ACTIO AL FORMS. No. LXI. For Money Le?it, Paid, Received, or Due on Account Stated. For money lent and advanced by me {e) to the said {debtcyr) at his request (/). No. LXII. For Interest. For interest due and payable to me from the said (dehtor), upon and for the forbearance at interest by me to the said (debtor) and at his request, for divers spaces of times of moneys due and owino^ from him [the said (debtor)] to me, and which interest the said (debtor) contracted and agreed with me to pay me. No. LXIII. For Goods Sold and Delivered. For goods (g) sold and delivered by me (li) to the said (debtor) (i) and at his request [if the affidavit be made by executors, &c., add] as I verily believe. No. LXIV. For Work and Labour. For work and labour done and performed, and for materials for the same, found and provided (k) by me (I) for the said (debtor) and at his request. No. LXV. For Work as an Agent. For work and labour, care and diligence, done, performed, and bestowed by me, as the agent of, and for, the said (debtor) and on his (g) Qy^ — paid, laid out and expended by me for the use of. (y ) (^^'■> ^°^ money received by the said {i/ch/or) for my use — or, for money found to be due from the said (dehtor) to me upon the balance of an account stated and settled by and between us — ar, between the said (dehtor) and me this deponent. Ql^ (ji-^ — a horse, a gelding, sheep, cattle, — or, ntlier tiiiui^s. (X) Or, for certain fixtures and chattels — or, the goodwill of a business bargained, sold, relinquished, and given up by me — or, by the said J. R., deceased, in his lifetime, acconliir^ to tlut circuinstuncfs. ^j) o)-^ — to and for the use of the said (drJifor). (k) And (if no) for journeys made and taken in and about such work. (/) And, if so, my said co-partner, and our servants — or, if hy au executor — by me and the said J. R., now deceased, in his lifetime. PRACTICAL FORMS. 35 retainer [and, if so, for commission and reward due, and of right payable from the said (debtor) to me in respect thereof]. No. LXVI. F'or Tithe Rent-charge. FoK one year's rent-charge in lieu of the tithes of corn and grain which arose and grew upon or out of certain lands and hereditaments in {in) the occupation of the said {debtor), bargained and sold {n) to the said {debtor) by me for the term of one year {or other period) now elapsed, and at his request and by the said {debtor) taken and retained to his own use. No. LXVII. For Agistment, and for Horse-heep and Stabling. For agisting, feeding, keeping, and depasturing certain horses (o) by me for the said {debtor) and at his request, and for corn, hay, fodder, stabling, care, and attendance found, provided, used, and bestowed by me in and about the feeding, keeping, and lodging of divers horses, mares, and geldings {or any of them) for the said {debtor), and at his request. No. LXVIII. For Work as a Solicitor. For work done by me as a solicitor in and about the soliciting and prosecuting {'p) several causes, suits, matters, and things for the said {debtor), at his request and on his retainer {q). No. LXIX. For Work as a Surgeon and Apothecary. Proceed as in the last form down to the words as "a solicitor," and then add — As a surgeon in and about the performing of divers neces- (m) Or, — late in. (ji) Or, — demised. (o) Or, — sheep — or, cattle. (/)) Or, — soliciting and defending — or, soliciting, prosecuting, and defending. (v) And (if S(i), for materials for the same, provided by me for the said {dthtor), and on his retainer, — and (if so) for fees due and payable to me in respect thereof — or, in and about the drawing, copying, and ingrossing of several deeds, documents, and writings — and (if so), for money paid by me for the use of the said (debtor) — and (if so), for several journeys had and taken — and (if so), in and about divers other business, matters, and things transacted, done, and performed by me for the said (debtor) and at his request. D 2 36 PRACTICAL FORMS. sary operations on, and treating, healing, and curing the body of the said {debtor) (r) of divers diseases, disorders, and maladies [under which she (s) respectively laboured and languished] for the said (debtor), and at his request ; and for fees due and payable to me in respect thereof (t). No. LXX. As a Notary. "Proceed as in the foregoing form doivn to the ivords " as a solicitor," and then add — As a notary in and about, the translating, transacting, and copying divers records, charters, writings, and other documents [and, if so, in and about divers other business, matters, and things transacted] done and performed by me for the said (debtor), and at his request. No. LXXI. As an Architect^ (^'c. For work and labour done and performed by me as an archi- tect («) for the said (debtor), and at his request [and, if so, in and about other business, matters, and things, of the said (debtor') done and performed by me for the said (debtor), and at his request] and for journeys and attendances made, taken, and performed by me in and about the business of the said (debtor) [and, if so, for materials therein found and provided by me for the said (debtor-)], and at his request. [If done by commission, here add the clause in form, ante, applicable to an agent, page 35, No. LXV.] No. LXXII. As an Undertaker. Foil work done by wio as an undertaker of funerals, in and about the funeral of A. J>. deceased (x), on the retainer and at the request of the said (debtor), and for a hearse, coaches, horses, mate- rials, and other (y) necessary things by me used and applied in and about the furnishing and conducting of the said funeral for the said (debtor), and at his request. (^j.-) ()i-^ — ;/• so, — the body of A. B., the wife — or, infant son — or, daughter, — or, servant — or, the bodies of divers other persons. (s) Or,— they, (0 V % ^' fnir'/mu anil (ijuilhrniry, hrrc mhJ — and also for divers medicines, chattels, and other things found and provided, administered, applied, and delivered by me and my servants and assistants to and for the said (debtor^ and at his request. («) Or, — surveyor "/', auctioneer and appraiser. (x) Or, — of a certain person. («/) Or, — divers hearses. PRACTICAL FORMS. 37 No. LXXIII. As a Coachmaker. For work and labour, care, and diligence, done performed, and bestowed [and, if so, for divers materials found, provided, and used by me] in and about altering, repairing, and cleansing the carriage (z) of the said (debtor), and at his request. No. LXXIV. As a Shipwright. For work, &c., materials, &c. (as in the last form), found, provided, used by me [and my servants] in and about the altering, repairing, and cleansing the ship or vessel called '• The Dart," whereof the said (debtor) was the master [and commander] at the request and by order of the said (debtor). and No. LXXV. As a Dancing Master. For work and labour, care, diligence, and attendauce, done, per- formed and bestowed by me as a professor of dancing, in and about the teaching and instructing one A. B., the infant son (a) of the said (debtor), in the art and accomplishment of dancing, for the said (debtor) and at his request. No. LXXVI. As a Schoolmaster. For work and labour, care, diligence, and attendance, done, per- formed and bestowed by me as a schoolmaster, and by my servants and teachers, in and about the teaching and instructing of one A. B., &c. (as in the last form) (b), 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 page 33, No. LIX.] No. LXXVII. As a Nurse. For work and labour, care, diligence, and attendance, done, {z) Or, — chaises. (a) Or, — daughter — or, illegitimate child. lb) Or, — divers infants and persons. 38 PBACTIOAL FOBMS. performed, and bestowed by me in and about the nursing, instructing, and taking care of one A. B. the infant son, &c. {as in p. 37). No. LXXVIII. As a Factor, ^x. 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 (c) 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 {debtor).] No. LXXIX. As a Carrier. For the carriage {d) and conveyance (e) of certain goods and chattels carried and conveyed by me (/) for the said {debtor), and at his request. No. LXXX. For Freight, Primage, or Average. For freight {g) due from and payable by the said (debtor) to me upon, for and in respect (h) of the carriage and conveyance of certain goods and chattels (i) from divers places to divers other places (h), for the said (debtor) and at his request. No. LXXXI. As an Lisurance Broker. For work done by me as an insurance broker, in and about the (c) Or, — goods, wares, and merchandizes ; and (if so), in and about certain other commissions, dealings, and business. (r/) Or, — lighterage. (e) Or, — tonnage. C/) 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. Cv) Or, — balance of freight — or, primage and average. (/*) These words must be adaptetl to tiie fact. (/) Or, — wares, and merchandizes, can-ied and conveyed by me in and on board of a certain ship or vessel called " the Vine," whereof I was master aud commander. {k) Or, — if the places arc known with certainty, name them, as — from London to Cork. PRACTICAL FORMS. 39 writing, drawing and making out of divers policies of insurance of divei-3 sliips and vessels (I) for the said {debtor) and at his request. No. LXXXII. For Passage Money. FoRtlie passage of the said (debtor) (m) from London to Quebec (w), in and on board a certain ship or vessel belonging to me (o), and at his request. SECTION 3.1 Jurats (p). No. LXXXIII. If sworn in Court, — Sworn in Court (q) at the Royal Courts ) of Justice, I Or, — if on circuit, at W. in the county of H. Or if before a Judge at chambers {or at his imvate residence), — At the Judge's chambers, in the Royal Courts of Justice, London, Or, — at my house in Square, in the county of Middlesex, 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 comity of D. {Adding in all cases) this day of 18 — . Q-^ 0/-,— goods, wares, and merchandizes ; and (// so) in and about the causing and procuring of divers persons to insui-e divers sums of money on the said ships or vessels, — or, goods, wares, and merchandizes. (m) And (//' so) other persons. (ii) Or, — from divers places to divers other places. (cj) Or^ — whereof I was master and commander; and {if so) for meat, drink, and other necessaries found and provided by me for the said (deblor). (j>) The foliuwing are some of the Jurats iu urdmary use. For the more special ones — and there is a variety — the practitioner is referred to the useful publications by Ford and by Braithwcaite on Oaths. (q) Or, if the Court be not mentioned at the top of the affidavit— in the Division of the High Court of Justice. 40 PRACTICAL FORMS. The commissioner or other 'person administering the oath, signs his name at the foot of the jurat thus : — / Before me, / (Sigiiature.) {If hefore a Commissioner (r) ) A commissioner to administer oaths in the Supreme Court of Judicature (s), {If in Court) omit " before me " and in lieu of signature, the words are "' by the Court." {If hefore a Judge) . . . the words " before me " are not neces- sary. {If hefore a Master) . . . after the signature add " a master of the Supreme Court." {If hefore a Chief Cleric) . after the signature add "Chief Clerk " {t). No. LXXXIV. When the affidavit is made hy two or more deponents, and they are both sivorn at the same time and hefore the same commissioner, the jurat should run thus : — Sworn by both, or all — the above named ) deponents severally at, &c. {as above). | But ivhen the deponents are sivorn separately at different times and hefore different commissioners, the jurat must run thus : — {Signature.) Sworn by A. B. the above named deponent, ) at, &c. r, — Sw( A. B. at, &c. Or, — Sworn by the above named deponent 1 (r) The Commissioner or other person must add (not necessarily in his own hand- writinfr) his full official character and description. (,s) It is not necessary to add the words " in England." (t) No 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 iiust be re-sworn. Whenever an affidavit is re-sworn, the prior Jurat must not be struck out, but it may be struck out and another added, stating it to be sworn {not re-sworn') as in the first instance. The Commissiduer before 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 : TJulcR of Supreme Court, IHS.'l, Ord. .'IS, r 10, and Urd. (U;, r. 7 (k), thus : This affidavit is filed on behalf of the plaiutiff — or, defendant — or, petitioner — or, re- spondent —'//■, A. B. — or, as the case may be. JOxmiuTs must also be signed by the Commissioner. For the forms of Exhibits see j)ost, tit. " Exhibits." PBACTICAL FORMS. 41 No. LXXXV. WJien the deponent is a marksman, the following words should he added immediately after the date : — This affidavit — having been first read over \ 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 I his, or — her — mark thereto in my presence. / So if the deponent he hlind or deaf and dumh, the jurat must he a special one, the following words heing, in like manner, added after the date. If made hj a blind person — the above written affidavit having been first ^ truly, audibly, and distinctly read over by me — or, in my presence {as the fact may he) — 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 ?ame — in my presence. ^ If made hy a deaf or dumb person, — The above written affidavit having been first carefully read over by the above-named de- ponent, A. B. (w), who signified to me that he perfectly understood the same, and signed. his name — or, set his mark thereto — in my presence. No. LXXXVI. So ivlien the deponent is a foreigner, the following special jurat heeomes 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, other] language by { (the interpreter, adding his place of residence and addition), who was also first duly sworn to the true interpretation thereof [or, who was also first duly sworn truly to interpret the same]. The interpreter should have the folloiving oath administered to him J (u) Sometimes these parties cannot read. In such cases, the Jurat must he varied thus — the contents of the above written affidavit having first been carefully and deliberately conveyed and explained by A. B., his usual attendent 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. 42 PRACTICAL FORMS. before tJie deimnent is sivorn; hut it may he done afterwards. Ij 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 sivorn 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. AFFIKMATION. {v) No. LXXXVII. In the, (Src. {Title as in an Affidavit (w).) I, A. B., of (x), do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful ; and I do also solemnly, sincerely and truly affirm and declare as follows, that is to say : — I {state the facts ivhich the affirmant affirms as in an affidavit) {affirmant) Solemnly affirmed {y) at in the county (z) of on the day of , 18 — . Before me {Signature) Filed on behalf of A Commissioner, &c. {or as the case may he, see p. 40). APPOINTMENT. No. LXXXVIII. Of an Arbitrator under the Lands Clauses Act, 1845 (a). Whereas I, the undersigned {the landowner), of, &c., Grocer, did, on or about the day of , 18 — receive a notice in writing from the Water Works (h) Company (copies of which notices are hereunto annexed), requiring certain lands therein men- tioDcd for the purposes of the said Water Works Company, as to the sum of money to be paid to me for the purchase of the same, (v) This is the general form given by the Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20 (unrepealed) ; but if there is any set form of words pre- scribed by a statute applying to the particular case, the precise words must be used. (w) See the headings to the variuus affidavits throughout this collection. (sr;) Insert place of abode and addition. {y) The Commissioner, or other officer taking the affirmations, should satisfy him- self of the sincerity of the objection to be sworn in the usual way. (2) Or, — city. (a) See s. 25 of the Act (8 & 9 Vict. c. 18). ('') Or, other company. PRACTICAL FORMS. 43 ami for the compensation for iujnry 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. Xow, therefore, in pursuance of the provisions of the said Lands Clauses Consolida- tion Act, 1845, I do hereby nominate and appoint CD., of, A'C, surveyor, to be the arbitrator on my behalf, of and concerning the premises. As Witness my hand this dav of , 18 — . (Signature.) No. LXXXIX. Of a Parliamentary Election Agent by Candidate (c). Election for the (d) of IS—. I (candidate), of , a candidate at the present election to serve in parliament for the (d) hereby name and appoint Mr. of my agent for the above election. Dated the day of , 18—. (Signature of candidate.) No. XC. Of a Coroner (e). To ALL TO WHOM these presents may concern. I (the appointor), of, &c., esquire, lord of the liberty and manor of B. and of the hundred of F., comprising the several parishes, tythings, and places following, namely, F., G., H., and K,, in the county of D. Know ye that, in pursuance of the power and authority in me vested, I, the said (appointor) [have nominated, constituted, and appointed, and] by tliese presents do nominate, constitute, and appoint (the coroner), of, Sec, gentleman, to act as coroner for the said (c) Only one election agent can be appointed for each candidate, but the election agent may appoint sub-agents for polling districts, a declaration iu writing of their names and addi-esses being given by him to the returning officer one clear day before the polling: see ss. 24, (1), (2), (4), 25 (1), (2), (3), 26 (1) of the Corrupt arid Illegal Practices Act, ISSo (4G & 47 Vict. c. 51). It is better that the above appointment should be in writing. For the form of declaration of this appointment to be given to the returning officer, see post title "declarations". There can be no payment to an election agent employed at a 7nunicipal election, see s. 13 (1) of 47 & 48 Vict. c. 70. (d) county — or, borough — or, division of the county — or, borough. (e) Stamp varies with the amount of the annual salary, fees, or emoluments : sec Stamp Act, 1870, tit. Admissions. 44 PRACTICAL FORMS. liberty and manor of B. and hundred of F. ; and, as far as in me lies, DO likewise give and grant him full power and authority to take the inquisition and inquisitions of the deaths, whenever they may happen, of all or any person or persons who shall come to any sudden or un- natural death or deaths within the said liberty, manor, and hundred aforesaid; And also to do, perform, and execute all other acts, matters, and things whatsoever, pertaining to the said office of coroner for the said liberty, manor, and hundred aforesaid, according and conformable to tlie several 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 payable for or in respect of the execution of the said office of coroner. Given under my hand this day of , 18 — . {The appointor.) No. XCI. Of a Steward (/). Know all men by these presents, That I {the constituent), of, &c,, esquire, lord of the manor [or reputed manor, lordship, or royalty] of W., in the county of D., Do hereby nominate, constitute and appoint {the steward) of, &c., gentleman, 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, or royalties, or either of them. And also to take and receive to and f« >r my {g) use and benefit all fees, profits, and perquisites whatsoever thereto rightfully belonging, or duly arising therefrom respectively ; And also for mo, 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, cstrays, deodands, privileges, issues, and profits whatsoever rightfully arising, happening, or accruing within the said manors, lordships, or royalties respectively ; (/) Stamp varies witli tlie annual salary, fees, or emoluments: see Stamp Act, 1870, tit. Admissions. (,) If so, — or, fish, or the spawn or brood thereof. (y) If so, — or, fish. (r) ytanip 10s. PRACTICAL FORMS. 47 APPRENTICESHIP. No. XCIV. An Indenture of Apprenticeship to a Tradesman {s). This indenture Witnesseth that {the apprentice) minor of the age of years, on the day of last {t), son of {the father) of, &c., grocer (it), with the consent of his said father, testified by his executing these presents, Doth put, place, and bind himself {x) to {the master), of, &c., ironmonger (?/), to learn his art, and with him after the manner of an apprentice, to serve from the [day of the date hereof] for the term of years thence next following, and to be fully complete and ended. During which term {z) the said apprentice, his master shall faithfully serve, his secrets keep, and his lawful commands everywhere {a) gladly do ; He shall do no damage to his said master, nor see it done by others, but to his power shall tell or forthwith give warning to his said master of the same ; He shall not waste the goods of his said master nor lend them unlawfully to any; He shall not commit fornication nor contract matrimony within the said term ; He shall not play at cards, dice, tables, or any other unlawful games (b) whereby his said master may have any loss with his own goods or others during the said term, without the licence of his said master ; He shall neither buy nor sell (c) ; He shall not haunt taverns or playhouses, nor absent himself from his (s) This is the old form lacking space for the consideration and covenants, but being still in general use it is inserted here with variations. Stamp, if no premium, 2s. 6rf., otherwise 5s. for every £5, or fraction of £5, of the amount or value of the premium or consideration. (t) Or, — next. ((t) In the city of London an infant above fourteen years of age may bind himself to a freeman, and in case of the death of the master, his executors are bound to find another master for the apprentice. (cc) Or, — herself. If either party be a female the necessary alterations in the wording must be made throughout. {y) Or, other trade or business. (2) The master or mistress is entitled to the whole time, unless otherwise stipu- lated : Thompson v. Havelock, 1 Camp. 527. If, therefore, any holidays or special hours are bargained for, as they should be in the case of an outdoor apprentice, here add — daily, Sxmdays [holidays and special fast and thanksgiving days] excepted, from the hour of in the morning till the hour of in the evening during the winter months — or, from the day of tiU the day of and during the spring and summer months — or, from the said day of till the said day of in each year, from the hour of in the morning till the hour of in the evening, save only the usual hours allowed for meals — or, save one hour — or, half-an-hour during the said winter months, and one hour during the other months, for [the purpose of taking] breakfast, and one hour for his dinner — or, during the hours — or, the hours for meals, hereupon endorsed. Tliis latter mode of stating them is best, as there is no room for it in the printed form. (a) An outdoor apprentice cannot be compelled to follow if his master removes from the place where he resides when the apprenticeship takes place : Eaton v. Western, 9 Q. B. D. 636. (h) Here may be usefully inserted — billiards, bagatelle, or any games of chance. (c) So here the words — nor bet — may be desirable. 48 PRACTICAL FORMS. said master's service day or night unlawfully, but in all things as a faithful apprentice he shall behave himself towards his said master, and all his during the said term. And the said {master) in considera- tion of such good and faithful services [and of the sum of pounds sterlLug {d), to him paid by the said (father) upon the execution hereof (the receipt whereof is hereby acknowledged)] ; He, the said master, doth hereby for himself, his heirs, executors, and adminis- trators, covenant with the said {father), his executors and adminis- trators, that he the said {master), his executors, administrators, or assigns, his said apprentice in the art and business of an iron- monger (e) which he useth, by the best means that he can, will teach (d) The consideration actually paid or given must be truly stated and in words at length, Jachson v. Wanuich, 7 T. R. 121, and the deed cannot be given in evidence unless the party producing it can prove the fact. See 8 Anne, c. 9, s. 43. The pre- mium is usually paid either in moieties or by instalments : one half, or a portion, on the execution of the deed of apprenticeship, and the other at the expiration of half, or lesser, or other portions of the term. In these cases this part of the deed should be varied accordingly, thus — in consideration of pounds sterling paid — or, and secured— to be paid by the said {fatlwr) in manner following, namely the sum of pounds, being one moiety thereof, upon the execution hereof (the receipt whereof is hereby acknowledged) and the remaining moiety thereof, on the day of — — , which will be in the year 18 — ; such last mentioned sum being secured to be paid by the acceptance of the said {father) of the bill of exchange of the said {master) bearing even date herewith ;— He the {master), &c. {as above), Or, if all the premium is to be payable by instalments, it can be stated thus, — in 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 sum of pounds, being the remaining part thereof, on the day of , in the year 18— ; such several sums being secured to be so paid to the said (master) by the promissory note of the said (father) bearing even date herewith, He the said (master), &c. (as above). When the premium, or any part of it, is thus secured, it is proper to state it on the face of the deed so as to show the true consideration for the security, and as each instalment is paid care should be taken to see that a receipt for it is duly endorsed on the back of the deed. If no premium be paid with the apprentice, or wages are to be given, omit the words within brackets and proceed as in the term down to the wonl " finding," and then add, instead of the remainder of that clause : And also will pay unto the said apprentice weekly— r;/-, monthly— the weekly— or, monthly— wages following, namely : shillings per week during the first year; shillings per week during the second year ; shillings per week during the third year ; and shillings per week during the last year of the said term. in many trades, apprentices arc particularly exposed to accidents, and in others such as bricklayers, carpenters, &c., works are frequently stn]i]Kd during severe weather, and therefore the following stipidation is sometimes made— Provided always, and it is hereby mutually agreed, that, in case the said apprentice shall, from illness, severe weather, or other cause be prevented or unable to work for the space of consecutive days ( >tsii i//i/ M:reii) or upwards, the said wages shall cease to be payable at the expiration of the first days next after every such cessation of his services, and shall not again commence until such services shall be resumed. Fur a funn ot covenant i.roviding for the return of a portion of the premium in the event of total incapacity of the apiirentice through illness, see ]). 248 of Derby v. Ilmnber, L. K. 2 C. P. 247. The master may also ])rotect himself against strikes and other imiiediments to his business liy a clause such as that set out at p. 230 of Leslie v. Fitzpatrick, 3 Q. B. D. 229. (e) The business should here be carefully stated, lor otherwise he may not be compelled to work at or the master to teach him any other. It is no uncommon thin, 6 Exch. 424, where the master covenanted to teach the apprentice in the art of an auctioneer, appraiser, and cornfactor, and relinquished the trade of cornfactor ; but with ordinary workmen the instruction is confined to one or two of such trades as carpenter and joiner, plumber and glazier, painter and paper-hanger, and the like. (/) The master usually finds tools, and where this is the case here insert the word ; but if the parent is to find all necessaries, as in cases of outdoor apprentices, the words meat, drink, lodging, washing, mending, tools, and all other necessaries, during the said term, should be added to the father's covenant and omitted here. For a form cancelling an indenture of apprenticeship, see the author's Practical FoiTus of Agreement, p. 392, and for the form of order of two justices rescinding a contract of apprenticeship and providing for the return of part of the premium, see Form No. 11 of Schedule 38 & 39 Vict. c. 90. {g) Name of articled clerk. E 50 PRACTICAL FORMS. in the business or profession of a solicitor of the said Court (Ji) thence- forth for the term of five years upon certain terms and conditions in the said articles of clerkship expressed : 2. I further say that the said articles of clerkship have either been stolen from the office of this deponent, or accidentally and inad- vertently destroyed, lost, or mislaid, so that they cannot now be produced ; and that I, [this deponent,^ have made [and caused to be made] many and diligent searches and inquiries for, but I have been and still am unable to find or discover, the same. Sworn, &c. {as at p. 10). (Signature.) ASSIGNMENT. No. XCVI. Of a Policy of Life Assurance (i). {On the Life of the Assignor.) This indenture, made the day of , 18—, between {the assignor) of, &c., Grocer, of the one part, and {the assignee) of, &c., Draper, of the other part ; WITNESSETH, that in consideration of pounds to the said {assignor), paid by the said {assignee), ujDon the execution hereof (the receipt whereof is hereby acknowledged), he, the said {assignor) [by these presents] doth assign and transfer unto the said {assignee), [his executors, administrators, and assigns,] All THAT policy of assurance, numbered , under the hands and seals of three of the directors of "The Insurance Society," and bearing date the day of , 18 — ; whereby, for the considera- tion therein expressed, a sum of pounds, with all such further sum or sums of money, if any, as should be assigned to, or in respect of such policy, was assured to be paid to the executors, administrators, and assigns of the said {assignor), by tlie said society, within calendar months next, after proof of his death, on payment of the annual premium (k) of pounds in the meantime ; And also all bonuses, additions, sum and sums of money whatsoever now due, and hereafter to become due and payable upon or by virtue, [or in respect] thereof; and all the right, interest, benefit, advantage, property, claim, and demand whatsoever of him the said {assignor) therein or thereto: To hold, receive, and enjoy the said policy moneys and premises unto and by the said {assignee), his executors, administra- (h) If the articles were executed prior to the abolition of the Courts of Common Pleas aiifl Exchequer, instead of tlie said Court, substitute — Her Majesty's Superior Courts of Common Law at Westminster. (i) This is the old form, contaiuiu2; full covenants without regard to the provisions of the Judicature Act, 1873, s. 25, of the Conveyancing Act, 1881, and the statutory- form in the I'olicies of Assurance Act, 1867, Forms with reference to these Acts ■will be found, 'post ; and for agreements to purchase, see Forms, Nos. XLVII. and XL VIII., in the author's Practical Forms of Agreements. {k) Or, — sum. PRACTICAL FORMS. 51 tors, and assigns, henceforth absolutely as and for his and their own property ; subject, nevertheless, to tlie payment of the said annual premium and of all future premiums and sums whatsoever, to become payable upon or in respect of the said policy, and to the conditions, restrictions, and agreements in the said policy mentioned. And for the more effectually enabling the said {assignee), his executors, administrators, and assigns, to enforce payment of, and receive the moneys and premises hereby assigned, he, the said {assignor), doth hereby irrevocably appoint the said {assignee), his executors, administrators, and assigns, his lawful attorney and attorneys, for him and in his name or otherwise, but for the sole benefit of the said {assignee), his executors, administrators, and assigns, to ask, demand and receive [from the said society, or other persons liable to pay the moneys hereby assigned (T) ; and, on non-payment thereof, to commence and prosecute all such remedies and proceedings for recovering the same as shall be deemed necessary, or as he or they shall be advised for the recovery thereof; and, on payment thereof respectively, to give proper releases and other discharges for the same ; and generally to do, or cause to be done, all such acts, deeds, matters and things whatsoever as he or they shall consider expedient [or be advised] for giving complete effect to the assignment hereby made ; and one or more attorney or attorneys under him or them, for the purposes aforesaid, to appoint and remove, as he or they shall think fit ; He, the said {assignor), hereby agreeing to ratify and con- firm whatsoever shall lawfully be done in or about the premises by virtue hereof: And the said {assignor) doth hereby for himself, his heirs, executors, and administrators, covenant with the said {assignee), his executors, administrators, and assigns, that the said policy is now in full force ; And that the said {assignor) hath full and sole power to assign the same and the moneys due and to become due thereon or in respect thereof as aforesaid ; And that free from all incumbrances whatsoever; {m) And that (notwithstanding any act, deed, or default of the said {assignor),) the said policy and moneys thereby secured shall be received and enjoyed by the said {assignee), his executors, adminis- trators, and assigns, for his and their own sole and absolute use and benefit ; And that he, the said {assignor), has not done and will not do, or cause to be done, any act, matter or thing whatsoever whereby the said policy may be surrendered, assigned, charged, or avoided, or the moneys thereby secured, shall or may be or become irrecoverable ; And that he will not do any act whereby any additional premium upon the said policy may become charged or payable, without giving due notice thereof to the said {assignee), his executors, administrators, or assigns, [in order that he or they may pay the same :] (?) Or, — the said sum of pounds so assured by the said policy [to the said (assignor) ] as aforesaid, with all sums and sum of money from time to time to become due and payable by way of bonus or otherwise in respect thereof. (fli) if there should be auy charge upon the policy, here insert — except, &c. (stating it). E 2 52 PRACTICAL FORMS. And that the said (assignor), his executors, or administrators, will at any time or times hereafter, at the costs of the person or persons requiring the same, do and execute all such other acts, deeds, and things as the said (assignee), his executors, administrators, or assigns, shall reasonably require for the better or more satisfactorily assigning and assuring the said policy to him or them, and for ena,bling him or them to recover and receive the said moneys hereby assigned. In witness whereof the said parties have hereto set their hands and seals the day and year first above written (n). No. XCVII. A Shorter Form (n). This indenture, made the day of , 18 — , between (the vendor) of, &c.. Grocer, of the one part, and (the 'purchaser) of, &c., Draper, of the other part: Witnesseth that in consideration of £ now paid by the said (purchaser) to the said (vendor), the receipt whereof the said (vendor) hereby acknowledges, the said (vendor) as beneficial owner (o), hereby assigns unto the said (ptr- chaser) All that policy of assurance (p) effected in the name and on the life of the said (vendor) with the ■ Assurance Society, dated , and numbered , whereby, under the annual premium of £ , the sum of £ is assured to be paid to the executors, ad- ministrators, or assigns of the said (vendor) (q) within three months after proof of his (r) death as therein mentioned, and all moneys and benefits to be received by virtue of the said policy, and the full benefit thereof with power to give good receipts for all such moneys (s) so assured or to become payable thereunder, To hold the same premises assigned unto the said (purchaser) absolutely ; And the said (vendor) covenants with the said (purchaser) that the said (n) Tlie stamp is ad valorem on the purcliase money. (o) These words raise the impHed statutory covenants for title (Conveyancing Act, 1881, s. 7). (j-)) If there arc several policies, say : — All those three, or, — as the case may be, — policies of assurance on the life of the said (vendor) mentioned in the schedule hereto and all moneys to become payable thereunder — and then in the schedule number them consecutively, and, as to eacli, give the date and number of policy, oflice in which eflected, sum assured, and premium, so that should it be necessary to refer in the deed to any particular policy it can be done by simply mentioning the number of the policy as it stands in the schedule. (7) If the policy is on another life, say — to the said (vendor) his executors, admi- nistrators, or assigns. (r) In tiie case of another Ufe, say — the death of (the insured). (s) Written notice of the assignment should be given to the assurance company at their principal place of business, and their acknowledgment obtained (oO & 31 Vict. c. 1-14, ss. 3, 6), otherwise the assignee may be postponed or the money paid on death to the vendor's executors. If it is not intended to give any notice, a power of attorney (as in the last form) should be inserted, though, where the policy is effected on the life of the original Insider, this is of little practical value, even before the Policies of Assurance Act rendered it in ordinary cases, unnecessary. PRACTICAL FORMS. 63 policy is now valid and in force for the said sum of £ , and that all premiums thereon have been paid down to this date, and that he, the said {vendor), will not do or knowingly omit or suffer anything other than the omissions to pay the premiums which are to be paid by the said (purchaser), his executors, administrators, or assigns, whereby the said policy may be rendered void or voidable, or Avhereby the said (purchaser) his executors, administrators, or assigns, may be prevented from receiving the moneys thereby assured, or any bonus or addition thereto or any part thereof respectively, or whereby the premium may be increased and will, if he shall do any such act or thing, indemnify the said (purchaser), his executors, administrators, or assigns from the consequences thereof, and pay such increased or additional premium (t). In witness, &c. (as in the preceding form). No. XCVIII. Of a Life Policy by a Separate Instrument., according to 30 (^- 31 Vict. c. 144 (u). I {the assured, or assignee) of, &c.. Grocer, Do hereby assign unto (the assignee) of, &c'.. Draper, his executors, administrators, and assigns, The policy of assurance (x) granted by The Assurance ►Society, nuuibered , and bearing date the day of , one thousand eight hundred and ; whereby the said society assured the sum of pounds to be paid to the executors, administrators, or assigns, of the said (assured) within calendar months next (t) If a more stringent form be desired in respect of the due payment of any increased premium, then in lieu of the covenant from the words " or whereby " sub- stitute — And that if the said (vendor) shall at any time do or knowingly omit or suffer anything whereby any additional premium or payment shall become payable in respect of the said policy, then he the said {vendor) will from time to time thereafter pay to the said {purchaser), his executors, administrators, or assigns, such sum or sums of money as shall become payable as an additional premium or payment for keeping the said policy on foot [one week] at least before the first day on which such additional premium or payment shall become payable to the assurance office in respect of such policy — and if it is desired to have notice of additional premium being about to be incurred or of change of abode or of death of vendor, add — And that he the said {vendor) will from time to time give to the said {purchaser), his executors, adminis- trators, or assigns, at least days' notice in writing of his intention to do, omit, or suffer anything whereby such additional premium or payment as aforesaid will become payable, or to change his abode, and will forthwith, on being required so to do, give to him or them such information as to his abode or intended change of abode as may be required, and that the executors or administrators of the said {vendor) shall within days after his death send information thereof to the said (purchaser), his exe- cutors, administrators, or assigns, by letter sent through the post, addressed to him or them at his or their usual or last known place of abode in England. {u) This and the next form are only suited to the simplest cases of absolute assignments. {x) If the assignment be endorsed on the policy, say — the within policy of assur- ance for the sum of pounds, and omit the words subsequent to the date of the policy. 54 PRACTICAL FORMS. after his decease, on payment of the annual premium or sum of pounds in the meantime : In witness whereof, I have hereunto set my hand and seal this day of , 18 — . {Signature.) L. s. No. XCIX. Of a Life Policy hy iyidorsement. {Under 30 & 31 Vict. c. 144.) I {the vendor) of, &c., Grocer, in consideration of pounds now paid by him to me, Do hereby assign unto {the purchaser) of, &c.. Draper, [his executors, administrators, and assigns], the witliin policy of assurance granted, &c. {y). In witness, &c. (as in the preceding form). ATTACHMENT OF DEBT. No. C. Affidavit in Support of Garnishee Order for Attachment of Debt {z). 18 No. . In the High Court of Justice. Queen's Bench Division. Between Judgment creditor, and Judgment debtor. I {the deponent), of &c., Gentleman, solicitor for the above-named judgment creditor (a), make oath and say as follows : — 1. By a judgment (h) of the Court in this action, and dated the day of , 18 — , it was adjudged that the above-named judgment creditor should recover against the above-named judgment debtor (c) the sum of £ , and costs to be taxed, and the said costs were, by a master's certificate, dated the day of , 18 — , allowed at £ . 2. The said judgment {d) still remains unsatisfied to the extent of £ , and interest amounting to £ . (2/) Here describe the policy as in the last form. (z) This form is given iu iUiles of Supreme Court, 1883, Appendix B., No. 25. (a) If the affidavit is made by the judgment creditor himself, or by him jointly with his solicitor, the form must be altered accordingly. (i) Or, — an order, see liiiles of Sii]ireme Court, ]K8.'5, Ord. 45, r. 1. (c) Or, — ordered that the above-named should pay to me. ((/) Or, — order. PRACTICAL FORMS. 55 3. [Name, address, and description of garnishee^ is indebted to the judgment debtor (e) in the sum of £ , or thereabouts (/). 4. The said {garnishee) is within the jurisdiction of this Court. SwoEN, kc. {as in p. 10). {Dei^onent.) This affidavit is filed on behalf of . ATTESTATIONS. No. CI. For Deeds. Signed, sealed, and delivered by the within-named A. B. {g), ^ /in the presence of — -ic^l^^^^^t^^ (attesting tvitness) •^ y^-^/'-/ ^ i^i> /h'A/i^':;. ^ ,of (address and description) (§ Or,-to tie said —' ^^^^^^^-^ M^'/^i (/) C*/', — upwards — aud if the information is obtained from the judgment debtor, add — as I am informed and verily believe, see a form of affidavit in Ricliardson v. Elmit, 2 C. P. D. 9. As to the alteration of tlie law of banl^ruptcy in respect of the efiect of service of a garnishee order, see Bankruptcy Act, 1883, s. 45. (v) If by a person f?eo/ and f/;f m6, say — by the within — or, above-named A. B.,' who is deaf and dumb (the contents — or, purport — of the within written deed — or, indenture — having been fii-st read over by him, who seemed fully able to read and, by means of the usual signs, perfectly to understand the same) in the presence of . If liy a hJind person, say — by the within named A. B., who is blind (the contents of the within written deed — or, indentuit — having first been carefully read over by me — oi\ in my presence — to him, who seemed perfectly to understand the same) in the presence of ............. Jf by an illiterate person, say — sealed and delivered by the within named A. B. to) whom the within written deed — or, indenture — was first read over, and he made hisj mark thereto in the presence of, &o. If by an attorney, say — by the within-named (principal), by A. B., his attorney] lawfully constituted [and thereto duly authorized], for, and in the name of the said [ (jprincipaj) in the presence of . . . . . . . . . j Or, — by the within-named (principal) by C. D., as his attorney thereunto law-) fuUy authorized by virtue of the letter — or, power of attorney within recited — or, [ hereunto annexed — bearing date, &c., in the presence of . . . . . j Or, — by the within-named (attorney) for, and in the respective names, and on] behalf, and as the several acts and deeds of the within-named (prrincipals) thereunto > lawfully authorized, &c. (as above) . . . . . , . . . j If by a person executing for himself and others, say — by (the attorney), on his own) behalf, and in the respective names and on behalf, and as the several acts and deeds [ of the within-named (principais), as their attorney, by virtue, &c. (as above) . . j In case 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 fii-st (or other) skin — or, first (or other) side of this sheet of paper— having been first written on erasures Or, — (the words — "free from aU incumbrances," — in the second {or other) skin 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, — " three' 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 ^ lines of the second (or other) skin — or, second (or other) side of this sheet of paper — having been first interlined . . . j 56 PRACTICAL FORMS. No. CII. For Wills Qi). Signed and acknowledged by the above-named {testator) as and for his last will («') [and testament] in the presence of us both present at the same time (h), who in his presence [and at his request] and in the presence of each other, have hereunto subscribed our names as witnesses, {Two witnesses) (l). Or, — If the testator is blind or illiterate: — Signed by the said testator as his last will (the same having been iirst read over to him in our presence), with his mark, in the presence of us, &c. Or, — If another 'person (m) signs for the testator : — Signed] 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. J Or,— If there have been interlineations or alterations or erasures,) which have not been initialled by the testator and the attesting witnesses, add : — The interlineation between the and lines of the page, and the alterations in the line of the page, and the erasure on the line of the page, having been previously made. No. cm. ^^ For Attested Cojpies (n). 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. Ct^r/l-^ Dated this day of , 18—. p' -pv' > Clerks, {address). (h) No attestation clause is absolutely necessary, but unless grave reasons prevent it, it is well to follow tbe 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 they subscribed their names in his presence. (i) Or, — as a codicil to his last will. {k) Or, — in the joint presence of us who, &o. (/) The addresses and occupations (if any) of the witnesses should be added for the purpose of facilitating the proof of the will. (to) The amanuensis may be one of the attesting witnesses. (n) As to the seal of the central Office of the High Court of Justice, being suf- ficient authentication of all copies issued from that dflice, see Kules of Supreme Court, 1883, Ord. 61, r. 7. It is not usual but very proper that persons attesting the accuracy of copies of deeds or documents, should sign each sheet for the purpose of identity and of pre- venting substitution, instances of which have occurred, and which, without this precaution, can be easily effected by merely attaching the last sheet, containing the attestation, to a difierent copy. (p) Or, — will — or, probate— (or, other document). PRACTICAL FOBMS. 57 Or, — This and the preceding sheets contain a true copy of the original deed (^),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.) ATTORNMENTS (q). No. CIV. To Mr. (the 2yur chaser (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 land- lord), 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 (b), 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 — 0?% probate — (or, other document'). (q) A mere memorandHin of attornment not creating any new tenancy or fresh term, but simply substituting one landlord for another, does not require a stamp, either as a lease or' as an agreement : see Doe d. 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. (?•) 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, f (u) Or, — with the privity and consent of (landlord) my landlord, testified by his signing his name in the margin hereof. And, then, in the margin the landlord will sign his name after words, such as " I consent to these attornments." (x) 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 ponnds. (h) If there be any deductions, here add— subject to deduction of the land-tax and landlord's property tax. (c) Or, if several — we respectively— or, of the premises in our respective occupations mentioned in the schedule hereunder written, with the appurtenances as the same now are in our respective tenures or occupations, then add a schedule divided into separate parts for each separate tenancy, and shortly describe each tenancy, the rent pay- able, and description of the premises. ' (d) Or, — we severally. (e) Usually a nominal sum — a shilling or two. (/) Or, — our respective rents. 58 PRACTICAL FORMS. premises {g) ; And I undertake to pay to the said {imrcJiaser), 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. CV. To Tenants to Attorn. To Mr. {the tenant.) I, the undersigned {fhe landlord) {h) hereby authorize and request you (l), the above-named , forthwith to attorn and become tenant to {the purchaser) {m) of All that the dwelling-house, with the outbuildings, garden, lands and appurtenances {n), which you rent of me (o), situate at, &e. : {f} And I further authorize and request you Q) to pay unto the said {jmrchaser), (m) his heirs, 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 " heuceforth," and here add — from the day of , last — or, next. (/,) Qj-^ — quarterly — or, 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. (t) Or, — Dated, &c. (^■) Or,— steward and agent for and on behalf of the Qandlord) of, &o., Grocer. (J) Or, if more tliau one — you and each of you. (m) Or, — mortgagee — as a yearly tenant (see next note). (n) Or, — All that close — or, piece — of pasture land called " " situate, Ac- er, All those— several closes of arable and pasture land situate, &c. {Here tlescrihe the jirvptrtij so that it mlijlit hedmrhj id'utifitd) which you rent of me — or, of the said Qandlord) and now in your occupation — or, if several — respective occupations— or, if nnderlet — in the occupation of {lite under-tenant) as a yearly tenant— or, it 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. (o) If the attoniinenl be made to a mortgagee, here may be added — and now in mortgage to the said (mortgarjec) — bnt iliis is not material. (j)) \.i tlie sit,uati(in be kuuvvii by name, 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 " " (7) If it is to include past or current rent, omit the word "hereafter," and here add — from the day of last — or, next — if future rent. (r) Or, — dated, &c. PRACTICAL FORMS. 59 No. CVI. A Concise Form (.r). I {y), the undersigned {tenant) of Grocer, the tenant in possession of All that dsvelling-house, with the outbuilding, garden, and appurtenances thereto belonging ; and also of all those several closes or parcels of land [called" ," and " "] situate, &c., and mentioned in the above (z) written authority, Do hereby, by virtue of such authority, attorn and become tenant to Mr. {the neiv landlord) {a) of the said premises (&), from the date hereof (c), at the yearly rent of pounds, payable half-yearly : And I have now paid him , in part of such rent. D4TED this day of 18 — . Witness. (Signature.) AUTHORITIES. No. CVII. To the Paymaster- General to Pay Dividends (cl). To The Assistant Paymaster-General, Eoyal Courts of Justice, London. Be pleased to pay to Mr. (e), by virtue of my Letter of Attorney granted to him, the Interest on pounds, per cent. Consolidated Bank Annuities (/), in the action, 18 , no. , "A. V. B." on the separate account of the Plaintiff, D. S. {Signature of the principal.) {Certificate of life of payee.) AVe, the Minister and one of the Churchwardens of the Parish of (x) If the attornment be made in ejectment against the former landlord, state the Court and title of the cause at the commencement (e.g., 18 — No. -. In the High Court of Justice, Queen's Bench Division, Between, &c.), and, inst<;ad of describinp; the property, say —the premises in respect of which this action has been brought, situate, &c. (as above.) (?/) Or, — we. (2) Or, if indorsed, — within written — or, if annexed, the annexed. (a) Or, if in a cause, — the plaintiff in this cause. (b) Or, — such parts of the said premises as are now in my ocoupation— or, if not a tenant, say^ — in my possession. (c) Or, — from the day of , last — or, next. (d) The authority for some one to act for the person entitled to receive the divi- dends must be by a special power of attorney which will be prepared (fee 3s.) in the pay office, on a written request signed by the solicitor bespeaking the power and accompanied Avith any certificate or affidavit material to the application. For pro- cedure as to the payment of dividends and interest out of court, see Supreme Court Funds Rules, 1884. For stamp duties on powers of attorney, see schedule to Stamp Act, 1870. (e) The solicitor appointed to receive the dividends. (/) Or, whatever the name of the stock may be, writing it out in words at length. 60 PRACTICAL FORMS. K {g), in the County of B., do hereby certify, That the above- named {the 'princiiMl) was living on the day of (li), 18 . C. D., Minister, 1 Of the parish of , in E. F.J one of the Churchwardens, j the county of . No. CVIII. 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 {i), 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 {Jc), the sum of pounds, part of a sum of pounds paid into Court by {the trustees) of, t^c. {I), as trustees for me under a Deed of Trust (m) 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, &c. No. CIX. To receive a Dividend in Bajihruptcy (n). Sir, Please deliver to (o) the cheque for the dividend payable to in this matter. {Creditor's signature.) To Mr. , {Date.) Trustee. (/■/) The parish in which the principal resides. (/() That is after the 0th of January or 6th of Julj''. (i) If on behalf of several persons, here say — on behalf of myself and (the other parties, naming them). (k) Or, if several — for the benefit of them and myself — or, of us respectively. (/) Here insert the same names and descriptions as those hi which the fund stands. (m) Or, if a will — as executors of the will of (the testator), bearing date, &c. (??) See No. 80 of bankruptcy Forms, 1883, and for the form of nutice of dividend to which this authority is attached, and which contains the heading, &c., sec post, title " Notices." (o) Insert the name of the person who is to receive the cheque — or, the words — me by post — if the cheque is to be sent in that way. PRACTICAL FORMS. 61 No. ex. To Sell Property (/»). To Mr. (^lie auctioneer), of, &c., Auctioneer, (q) I, the undersigned (oivner), of, &c.. Draper, hereby authorize and request you to sell absolutely, by public auction, or by private con- tract (r), 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 o'r prices that can be obtained or you may consider reasonable (s). All that my Freehold Dwelling-house, with the Outbuildings, Garden, Paddock, and appurtenances thereto belong- ing, situate, &c., and now in the occupation of A. B. (t) ; And also all the Fixtures and Fittings therein and thereto. And 1 hereby undertake (u) not to repudiate or revoke this autho- rity hereby given, or any sale or sales effected by you in pursuance thereof, but to confirm the same respectively [in all respects (x)]. 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 (y) for performing and completing the same, and for effectually conveying (z) 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 (jp) 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. (q) Or, — Broker. (r) Or, if given to a Broker, instead of the last six words, substitute — publicly or privately. (s) If so intended, here add — but subject in all respects to my approval. (0 Or, if copyhold or leasehold, here add — and now beld by me by virtue of a copy of Court Roll — or, if a lease — [dated, &c.] during tbe lives of {naming 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 fanning 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 dweUing-house, outbuildings [workshops], and upon the premises now — or, late — in my occupation, situate at, &c. («.) If the word "agree" be used here, the document must have a Gd. 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. (cc) Or, — aU such other acts and things as you may legally do by virtue hereof. (y) Or — legal and reasonable. (z) Or, — surrendering — or, assigning. 62 PRACTICAL FOB MS. premises, if sold, or in relation thereto ; And, in the next place, to pay (a) all such sum or sums of money as shall then be justly due from me to you (h) ; 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.) No. CXI. A Short Form to Sell Goods (c). (Place.) To Mr. (the auctioneer.) (Bate.) (address.) Sir, I HEREBY authorize you to sell for me by auction the several lots of my property specified in the annexed list (d), and to receive the price thereof (e). (Signature of jyrinciiml.) No. CXII. To Kill Hares (/). I (the proprietor), of, &c., Esquire, [in pursuance of an Act of Parliament made and passed in the Eleventh and Twelfth years of (a) If the sale be for the benefit of creditors generally, here insert — the residue of such moneys unto and hetween all and every the creditors who, within one calendar month (or other period) next after the receipt thereof, will consent to accept the same rateably and proportionahly according to the amount of their respective debts or claims and in full satisfaction thereof. {h) Or, — to Mr. A. B. of, &c., Draper. (c) 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. (cZ) Add list of goods divided into lots, or as considered convenient. (e) Or, — at the prices respectively marked against them and to receive a deposit not exceeding per cent, on the price. (/) ^^y t^^c Ilare Act (11 & 12 Vict. c. 29) any person in the actual occupation of any inclosed laud, — or any owner thereof having the right of killing game thereon, — or any ]icrson directed or authorized by hira, in writing, according to the above form prescribed by the Act, or to the like effect, may " take, kill, or destroy any hare then t)eing in or upon any such inclosed lands, without payment of duty and without obtaining an annnal game certificate (now an excise license 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 bo an oversight. The authority is to be limited to o??e person "at one and the same time " in each parish ; and the original authority must be presented lor registration to the clerk to the magistrates, acting for the ]>etty-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 PB ACTIO AL FORMS. 63 the Eeign of her present Majesty Queen Victoria, intituled " An Act to enable persons having a right to kill hares in England and Wales to do so themselves, or persons authorised by them, without being required to take out a game certificate {g). Do [hereby direct and] authorize {the depiitij) of, Sec, Gentleman, to kill Hares on my lands (h) within the Parish (?) of W. in the County of S. (Jc). Dated this day of , 18 — . Witness, (Signature.) No. CXIIL To Pay Mortgage or Purchase-money to a Tldrd Party {J). To Messrs. {the mortgagor's {m) solicitors), of, &c.. Solicitors. We, the undersigned, as solicitors for and on behalf of {the mort- gagee) {n), of, &e.. Esquire, hereby authorize and request you to pay to Messrs. A. B. & Co., Bankers, Lombard Street, London (o), to his credit {jp) with Messrs. C. D. & Co., Bankers at D,, Berks, the Sum of pounds, being the amount {q) advanced by him (r), on mortgage of the estate called " the Grange," situate at D. afore- said : And for so doing this shall be to you a sufficieut authority. {Bate.) {Signature.) {Address.) which case notice of the revocation must be given to such clerk, and the register is to be evidence both of the appointment and revocation. The Ground Game Act, 1880 (43 & 44 Vict. c. 47), contains no repeal of the Hare Act, but s. 4 dispenses with the necessity for a game license in the case of tlie occu- pier and the persons duly authorized by him, but this does not exempt any person from the provisions of the Gun License Act, 1870. (^) These words within brackets are not in the statutory form. ill) 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 may he. Or, — lands occupied by me, situate, &c. (as above) — or, the lands occupied by me within, &c. (i) Or, township — or, tithing. (k) The name of the manor, farm, parish, or place should be correctly stated here. (/) 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 solicitor producing the deed, having " in the body thereof, or indorsed thereon, a receipt for the consideration money " (s. 56). But this section has been held not to apply to the case of trustees for sale who are vendors (In re Bellamy, 24 Ch. D. 387), and 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 pay- able. (to) Or, — purchaser's. (n) Or, — vendor. (o) Or, — to Mr. J. M., our agent — or, clerk. (p) Or, — to the credit of Messrs. (the trtistees), as trustees under the will of T. W., deceased — or, of the marriage settlement of Mr. and Mrs. Jones, with, &c. (q) Or, — balance. (r) Or, — purchase money for his estate, called &c. (as above, shortly describing the property so as to identify it). 64 PRACTICAL FORMS. No. CXIV. To Receive Purchase or other Moneys {s). {A shorter Form.) To Mr. {the purchaser) of, &c., Gentleman, (t) (The vendor) to (the agent.) I (u) hereby authorize and request you to pay to Mr. (the party to receive it), of, &c., Gentleman (x), the purchase (y) money expressed to be paid by you to me by a Deed of Conveyance (z) of this date, and also all interest (a) that may be payable to me thereon [or in respect thereof]. Dated this day of , 18 — . (The vendor.) No. CXV. To Pay Insurance Money to a Mortgagee. We, The Company, Limited, hereby consent to your autho- risino- 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 Avas 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 l)onus, on or by virtue of such Policy. Dated this day of , 18 — . X ~X A. B.,] I Official \ C. D.,> Directors. V ^—' / E. F., I ^— ^ No. CXVI. 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 (b), 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, — (s) See note to previous form. n^ Qy_. — To Messrs. A. B. & Co. {as the, case may he). (u) Or,— We. (x) Or, — To Messrs. C. D. & Co.. my solicitors. (.y) ^^""f — mortgage (or other) moneys. (2) Or, — mortgage — or, bUl of sale (or other document). (^^.) Or,— if no, — any other moneys (or, specific sum). (h) Or, — spinster. PRACTICAL FORMS. 65 Do hereby authorize [and request] you to pay to R. W., of, &e., Draper, as the purchaser (c) of the said Policy, the said sum {d) of pounds, now payable by reason of the death of the said E. B. (e), together with all and every the sum or suras 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 for the same. Dated this day of , 18 — . {Signature.) No. CXVII. 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 {'principal), of, &c., Grocer, the Owner, as Trustee for 0. D., of, &c., Draper, of the sum of pounds 3 Per Cent. Annuities (/) [lately transferred into, and] now standing in my 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 A. B. {g), of, &c.. Grocer, until you receive further directions from me respecting it ; And for so doing this shall be to you a sufficient authority ; And the receipts of the said A. B. Qi) shall be effectual discharges for such Dividends. Dated this day , 18 — . Witness, {Signature.) No. CXVIII. To a Trustee to pay Part of Trust Moneys to the Reversioner. To Mr. {the trustee), of, &c.. Grocer {i). I, the undersigned {tenant for life), of, &c.. Draper, hereby autho- rize and request you to pay to [my son] A. B., of &c., ])raper, the sum of pounds, sterling, out of a sum of pounds [Stock 3 Per Cent. Consols] {h) which you hold under a certain Deed of {c) Or, — as mortgagee— or, assignee— or, trustee. (d) Or, — the sum of pounds, part of the said sum. (e) Or,— of her death. (/) This must, of course, be varied according to the nature of the stocli or fund. {g) If to be paid to a married woman here insert — the wife of "W. B. Qi) And here insert— notwithstanding her coverture. (i) If there be more than one trustee, here desciibe them separately as in the deed or will under which they act. {k) Here give an exact description of the stock or fund. F 66 PB ACTIO AL FORMS. Declaration (Z) 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 (m) 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.) BAIL. No. CXIX. Affidavit of Service of a Judge's Summons for procuring Bail for a Prisoner. In the High Court of Justice. Queen's Bench Division. The Queen on the prosecution of {tlie frosecutor') ^ against \ For murder. {the 'prisoner) j I {the depone7it), 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) {n), one of the coroners (o) for the county of D., with a true copy of the summons hereunto annexed marked [with the letter] " A," by delivering the same {p) to, and leaving it with the said {tlie coroner) {n), personally at B, aforesaid ; and I, at the same time, shewed 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, shewed him the said original summons. 3. That I did, on the said day of , 18 — , before the hour of of the clock in the noon, serve A. B., the mother {q), and next of kin of the infant child (r), mentioned in the coroner's (J) Or, — deed of settlement — or, will. (//i) 0/',— the produce of the said stock (or, as the case may he). In) Or, — justice. (o) Or, — one of the justices of the peace for, &c. (p) Or, — such true copy (i)t each p'lrafjnqjh). (y) Or, — father — or, guardian. (?•) Or, if so, — illegitimate child — or, children. PRACTICAL FORMS. 07 inquisition in this prosecution, with another true copy of the said summons, by deliverinf^^ the same to, and leaving it with the said A. B. personally, at B. aforesaid ; and that I, at the same time, shewed to the said A. B, the said original summons. Sworn. &c. {as in p. 10.) Filed, &c. No. CXX. Affidavit in Support of an Application fo?' Bail, when refused by a Coroner (.s'). In the, &c. (as in the preceding 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 of 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 lor 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 ?aid prisoner, for trial for murder, they not considering there was sufiicient 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 (t). Sworn, &c. (as in p. 10.) Filed, &c. (s) 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. la 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. if) If it shovdd be the fact, here add — 5. That neither the coroner, nor the persons bound over to prosecute, will offer any opposition to this application. 68 PRACTICAL FORMS. BANKRUPTCY (w). No. CXXI. Affidavit of Service of Bankruptcy Notice {x). In the High Court of Justice. In Bankruptcy. No. of 188 — . Re {debtor.) Ex parte {creditor?) In the matter of a bankruptcy notice, issued . 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. 2. A sealed copy of the said notice, marked A. is hereunto annexed. Sworn, &c. {as at p. 10). {Signature.) No. CXXII. Affidavit of Truth of Statements in Petition in Bankruptcy {y). In the, &c. {as in the preceding form) {z). I, the petitioner, uamtd in the petition liereunto annexed, make oath and say : — 1. That the several statements in the said petition are within my own knowledge true (a). Sworn, &c. {as at p. 10). {Signature.) No. CXXIII. Another Form {b). In the, &c. {as above) {z). We, C. D., E. F,, G. H., &c., the petitioners named in the petition hereunto annexed, severally make oath and say : — And first I, the said C. 1)., for my.self 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. (u) For various forms in bankruptcy falling under the heads of " notices," decla- rations, &c., see those titles. (x) Stamp 2s. See No. 7 of Bankruptcy Forms, 1883. For the form of bank- ruptcy notice, see ^w.s^, title " Notices.'''' For the form of affidavit on application to set aside the bankrnptcv notice, sec No. 8 of Bankruptcy Forms, 1883. (y) See No. 12 of the Bankruptcy Forms, 1883. Stamp 2s. (z) Omitting the words '' In tlic matter, &c." (a) If the petitioner cannot deiuise that the truth of all the several statements in the petition is within bis own knowledge, he must set forth the statements, the truth of which he can depose to, and file a further affidavit or affirmation by some person or persons who can depose to the trutli of the remaining statements. (i) See No. 13 of the Bankruptcy Forms, 1883. Stamp, 2s. PRACTICAL FORMS. 69 2. That the said A. B. committed the act of bankruptcy stated to have been committed by him in the said before-mentioned petition. And I, the said E. F., for myself say : — 3. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition. And I, the said G. H., for myself say : — 4. That A. B. is, &c. C. D. E. F. Sworn by the deponents, C. D., E. F., Gr. H. and G. H., &c. {as at jp. 10). No. CXXIV. Affidavit of Service of Bankruptcy Petition (c). In the High Court of Justice (d). In Bankruptcy. No. of 188-. Ke (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 day of , 18—, serve the above- mentioned A. B. with a copy of the above-mentioned petition, duly sealed with the seal of the Court, by delivering the same personally to the said A. B. (e). 2. A sealed copy of the said petition is hereunto annexed. Sworn, &c. (as at p. lU). (Signature) Bailiff (f). No. CXXV. Affidavit verifying the Debt (g). In the, &c. {as in the ^preceding form) (h). I (the creditor) of, &c., Grocer, (i) make oath and say as follows : — 1. That the said {hayiJcriqyt) was, at the date of the receiving (c) See No. 15 of Bankruptcy Forms, 1883. {d) Or, — In the County Court of holden at (e) See Bankruptcy Kules, 1883, No. 144. (/) Or, — creditor — or, solicitor — or, clerk, or, as the case may be, sec Bankruptcy Rules, 1883, No. 145. (g) Stamp, Is. This is the form required by No. 169 of the Bankruptcy Rules, lb83, and see Bankruptcy Act, 1883, the second schedule, rr. 1 to 21. (A) Omitting the words " In the matter of, &c." (i) Or,— if made by an age7it or clerk, say : — I (thedeponent) of, &c., agent (or clerk) to A. B., of, &c,, Grocer. If the affidavit be made by an agent of a company, say : — 1, (the deponent) of &c., secretary — or, manager — (or other officer) of "The Com- pany " (stating the correct title of the corporation or coynpany) make oath and say — ^ 2. That I am duly authorized, under the seal of the said company, to make this proof on its behalf. 3. That the said (debtor) was, &o. justly and truly indebted to the said company, &o. (down to the end of the above form, mutatis mutandis). 70 PRACTICAL FORMS. order, and still is justly and truly indebted to me (k) in the sum of pounds for goods sold and delivered (/) by me to him, and at his request [within six years last past] : For which said 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 satisfaction whatsoever, save and except the following bill of exchange (m). Date. Drawer. Acceptor. Amount. Date when due. 18th May 1882 . A. B. CD. £. 100 s. 10 d. G 21st July, 1882. SwoEN, &c. {as in p. 10). {The deponent.) No. CXXVI. The Same by a Surety (n). In the, &c. {see preceding form). 1 {the surety) {o) 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 [cleUor)^ joined with him (p) in a {q) joint and several promissory note (r) for the payment [of the sum] of pounds (s) to one {the payee) payable at months {t) 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 {u), in satisfaction and discharge of the said promissory note {x). 3. That for the said sum of pounds so paid as aforesaid, or (Jc) And, if so, A. B., my co-partner — or, A. B. and C. D., my-copartners — in trade. (J) 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 Mm, &c. — or, as the case may he. For debts iirovablu in bankruptcy, see Bankruptcy Act, 1H83, s. 37. (m) If the aflidavit bo made by a clerk or agent, here add — 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 — or, 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 ; and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. {n) Stamp, Is. (o) Or, — clerk — or, agent to {the surctij). (p) Or, — with one A. B. {according to the fact). I'j) If more than one bill, here state the number, as— in two — three — {or more). (r) Or, — notes. (s) Or, — several sums of pounds and pounds, &c., if more tliau two. (t) Or, — one thereof being payable — — months, and the other months, after the date — or, respective dates— thereof, (u) Tlie sum sworn to as the debt. (x) Or, — several promissory notes ; and ((/ so) the interest due thereon. PRACTICAL FORMS. 71 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 saiil promissory note (y). Sworn, &c. (as in j). 10.) {The deponent.) BILLS OF SALE. No. CXXVII. Absolute (z). This indenture made the day of , one thousand eight hundred and , Bet'U'Een (the vendor) of, &c., Grocer, of the one part, and {tlie purchazer) of, &e., Draper, of the other part. Whereas the said (vendor) has contracted (a) with the said (imr- 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 tlie said sum] of pounds, to the said (vendor) paid by the said (ptirchaser) 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 (jmrchaser) in the full [sole], and actual possession : To have and to hold, all and singular the said chattels [herein- before assigned] unto the said (jmrchaser), 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 from him, the said (vendor), or any other person whomsoever; iu) C*?', — several promissory notes. (2) The stamp varies with the amount or value of the consideration : see Stamp Act, 1870, tit. Conveyance or Sale. (a) 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 efiects, especially 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 intentioa of enabling him to carry on his business, if the bill of sale, though absolute in form, is given to secure the jiayment of money it will be void as infringing s. 9 of the Bills of Sale Amendment Act, 1882. 72 PB ACTIO AL FORMS. And also that he, the said {vendor), his executors and adminis- trators, will do all such further acts and things as may he necessary and required for further assuring the title or the peaceable possession of the said chattels as aforesaid, unto and by the said (purchaser), his 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 (6)]. In witness whereof the said parties have hereunto set their hands and seals the day and year first above written. {The vendor.) (l. s.) Signed, sealed, and delivered by the above, — or, before-named — {vendor) in my presence; and I herel^y declare that before such execution the nature and effect of the foregoing biil of sale — or, deed— was fully ex- plained to him by me — or, in my presence — {if so) as his solicitor . . . .) A. B., Solicitor, D., Kent. C. D., his Clerk {or other person, adding his residence and occupation.) Tlie Schedule above referred to {c). Memorandum of Delivery (d). 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 within 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-wiitten indenture, in the presence of us. {Tivo witnesses.) No. CXXVIII. Bi/ a Sheriff" {e). {Absolute.) Know all Men by these presents, that I {the sheriff), Sheriff of the County of B., in consideration of the sum of — '- — pounds (6) This is not a usual stipulation ; but, inasmuch as the purchaser in these cases has not the means of being satisfied of the security of the title to tlie chattels as a purchaser of otlier property has, it is only reasonable that he should be indem- nified afjainst latent claims. {<:) Here addirit; it, under tliis Jieadintr, or, if annexed, say: The schedule referred to in the biU of sale hereunto annexed. (Let it be firmly annexed.) {d) To be indorsed or subjoineil. (e) Under s. 145 of tlie i')ankruj)tcy Ad, 1883, unless otherwise ordered, sales by a slieriff of the goods of a debtor under an execution, for a sum exceeding £20 (in- cluding expenses), must be by public auction and not by bill of sale or private contract. PRACTICAL FORMS. 73 sterling to me now paid (/) by {the purchaser) of, &c., in the County of W., Grocer (the receipt whereof I hen by 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 (pur- chaser), 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 (g), 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 facias, issuing out of the Queen's Bench Division of Her Majestv's High Court of Justice, returnable before the said Court, at the Royal Courts of Justice, immediately alter the execution thereof, {or, as the case may he,) at the suit of {the plaintiff), 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, reccive, and enjoy [all and singular] the said [stock, crops,] goods, chattels, and effects unto and by the said {pur- 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, 1, the said sheriff, have hereunto set my hand and seal, the day of one thousand eight hundred and . {The Sheriff's signature), {h) Signed, sealed, and delivered by the\ (l. s.) above-named {sheriff) in my presence, and I I hereby declare that before the execution I of this Bill of Sale, the effect thereoff was duly explained by me to the said! {sheriff) (i). I {Solicitor) of , Solicitor of the Supreme Court. The Schedule above referred to. (/) Or, — wMcli has been paid to me. (y) As the .sherili's officer makes the inventory, it is often, in cases requiring despatch, and when it is lengthy, annexed; in wljich 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) This 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 does not require registration, even though the purchaser from the sheriff allows the execution debtor to remain in the possession of the goods, see 2^ost title Receipts. (i) Or, — as a bill of sale may be executed by the under-sheriff or his deputy or person deputed by the sheriff sealing it : Coohson v. Fryer, 1 F. & F. 328, the attes- tation may run — Signed with the name of {the sheriff) sheriff of the county of , and sealed with his seal of office, and delivered as his act and deed by {the undcr-shtriff) under-sheriff of the said county, in my presence, the effect of this biU of sale having been duly explained to the said {under-sheriff) before the execution thereof by me, &c. 74 FB ACTIO AL FORMS. No. CXXIX. By way of Mortgage {k). (Statutory Form.) (I) This Indentuee, made the day of , 18 — , Between (tJie mortgagor) (m) of the one part, and (the mortgagee) (m) of the other part, WITNESSETH that, in consideration of the sum of pounds now paid to \the said (n)~\ {mortgagor) by \tlie said {n)'\ (mortgagee)^ the receipt of which the said {mortgagor) hereby acknowledges [or what- ever else the consideration may he (o)], 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 specifically described in the Schedule hereto annexed {p), by way of security for the payment of the sum of pounds, and interest thereon at the rate of [pounds'] per cent, per annum [or ivhatever else may he the rate]. And the said {mortgagor) doth further agree and declare that he will duly pay to the said {mortgagee) the principal sum aforesaid, together with the interest then due, by equal payments of pounds on the day of [or whatever else may he the stipulated times or time of 'payment]. And the said {mortgagor) doth also agree with the said {mort- gagee) that he will [here insert terms as to insurance, payment of rent, or otherwise {q), which the parties may agree to for the maintenance or defeasance of the securitij]. (Jc) Stamp ad valorem on principal sum secured: see Stamp Act, 1870, tit. Mortga2:e. (0 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 comphauce with the statutory form will suffice, though it would not be safe to go beyond variations relating to — (1) the statement of tlie consideration, {'£) the rate of interest, (3) the times of payment, and additions as to, (4) the terms agreed ujion for the maintenance or defeasance of the security : Melville v. Stringer, 12 Q. B. D. 132. (m) All the words witlun brackets and in italics are here inserted as in the pre- scribed form, except where otherwise shown and those in parenthesis, which are sub- stituted for the letters A. B., and C. D., used in that form. (?i) These indicative words are omitted in tliis part of the form, although after- wards employed. Surely these important words, which occupy so small a place, are worth preserving. (o) This must be truly stated (s. 8 of Act of 1882), and must not be less than £30 (s. 12). (j)) This seems to exclude the usual practice of inserting it directly at the foot of the deed. 'J'he safer course seems therefore to be, to insert it on a fly-sheet and treat it as an l^xliibit. No aftcr-accpiircd property can now be secured by these deeds (see s. 5 of the above Act) except as lietween grantor and grantee. (7) E.fj., and the said (//KJr/.v^^.yo) j doth also agree with the said (mor(f/a(/ec) that he will at all times during the continuance of this security insure and keep the said PRACTICAL FORMS. 75 Provided always, that the chattels hereby assigned shall not be liable to seizure, or to be taken possession of by the said {mortgagee) for any cause other than those specified in section seven of " The Bdls of Sale Act (lcS78) Amendment Act, 1882." (r) In witness, &c. {as at lo. 52). Signed and sealed by the said {mortgagor) iu the presence of me, E. F. [add icitness' name, address and descri^tion,\ (Schedule.) chattels and things insured against loss or damage by fire in the sum of £ — , at the least, and produce to the said (morftjagee) on demand the policy of such insurance, and wiU forthwith after every payment of premium produce and deliver to the said {mort- gagee) the receipt for the same, and also wiU, during the continuance of this security, pay all rent, rates, and taxes to become due and payable in respect of the premises in which the said chattels and things or any of them now are, and produce to the said {mortgagee) on demand in writing the last receipt for such rent, rates, and taxes. (r) By this section — personal chattels assigned under a bill of sale shall not be liable to be seized or taken possession of by the mortgagee, except for the following causes — 1. Default in payment, or in the performance of any covenant or agreement contained in the bill of sale, and necessary for maintaining the security ; 2. Bank- niptcy, — distress for rent, rates, or taxes ; 3. Fraudulent removal from the premises ; 4. Failing to produce, upon demand, in writing, by the mortgagee, the last receipt for rent, rates, and taxes : 5. A levy against the " goods " (here substituted for " chattels ") under any judgment at law. The statutory form has no power of sale, but involves an implied power. An express power may be inserted to cover the above specified cases, thus : And it is hereby agreed and declared that if default should be made in payment of the said sum of £ , or any part thereof, or the interest thereof on the said day of next (o/-, at the times hereinbefore provided for payment — or, as the ca^e luay he) — or if any other default or event mentioned as a cause of seizure in s. 7 of the Bills of Sale Act (1878) Amendment Act, 1882, shall be made or happen, then, and in any such case, but not otherwise, it shall be lawful for the said {m'lrtga'jee) at any time thereafter, by himself or his agents or servants, to enter into and upon the said messuage or dwelling-house, or other the dweUing-house or place in which the chattels and things hereby assigned shaU happen to be, and seize and take possession of the said chattels and things, and also on or at any time after the expira- tion of five days from such seizure, to sell the said chattels and things, or any of them, either by public auction or private contract, with liberty to buy in at any sale by auction, or to rescind or vary any contract for sale, and to resell without being answer- able for any loss or diminution in price, and with liberty also to give effectual receipts for the purchase money, and to do all other acts and things for completing any sale which the said {mortgagee) may think fit ; and it is hereby declared that the said {mortgagee) 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 {mortgagor), 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. For a form of bill of sale held void as including a power to seize iu events other than those mentioned in s. 7, see In re Williams, Ex parte Pearce, 25 Ch. D. 6o6. 76 PBACTICAL FORMS. No. CXXX. Affidavit on Registration of a Bill of Sale (s). 18—. No. . In the High Court of Justice, Queen's Bench Division. I (the deponent), of, &c. (t), Solicitor, make oath and say as follows : — 1. The paper-writing hereunto annexed and marked [with the letter] " A " is a true copy of a bill of sale, and of every schedule or inventory thereto annexed or therein referred to, and of every attesta- tion of the execution thereof, as made, given, and executed by (the grantor) ; 2. The said bill of sale was made and given by the said (grantor) on the day of , one thousand eight hundred and ; 3. I (u) was present and saw the said (grantor) duly execute the said bill of sale on the said day of , one thousand eight hundred and ; 4. The said (grantor) resides at D. (x) in the said county of B., and is a (y). 5. The name " " subscribed to the said bill of sale, as that of tiie witness attesting the due execution thereof, is the proper handwriting of me, this deponent (z). 6. I am a solicitor (a) of the Supreme Court, and reside at D., aforesaid (h). (s) This furm is given in the Appendix (B. No. 24), to the Eules 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 (45 & 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, sufticient. (t) 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. (u) If two witnesses, here add — and the said (solicitor) were — (x) State residence at time of swearing affidavit. (y) Here insert the occupation of the grantor. (z) If there are two attesting witnesses the 5th paragraph should run : 6. The names {deponent) and {other witness) subscribed to the said bill of sale as that of the witnesses attesting the due execution thereof, are respectively of the proper handwriting of me, this deponent, and of the said {otJier witness) and the said {other ivitncss) was present, and saw the execution of the said bill of sale, and the same was duly attested by the said {other luitness) and by me, this deponent. {ii) Or, — a clerk to A. B., a solicitor of the Supreme Court. {b) If two witnesses, add — and the said {other ivitness) is a grocer (or, as the case may be) and resides at — and add a seventh paraurapl), viz. : 7. The said {other witness) and I, this deponent, are the only attesting witnesses to the said bill of sale. PRACTICAL FORMS. 77 7. Before the execution of the said bill of sale by the said (grantor), I (e) fully explained to liim the nature and effect thereof {d). SwoKN, &c. {as in p. 10). (deponent's signature) (d). This affidavit is filed on behalf of . No. CXXXI. Affidavit on Renewal of Registration of a Bill of Sale (e). I (the creditor) of, &c., G-rocer, do swear that a bill of sale bearing; date the day of , 18 — , and made between, &(•. \Jiere state the names, residences, and occupations of the parties exactly as they appear in the original hill of sale\ (f) and which said bill of sale (g) was registered on the day of , 18 — , is still a subsisting security. Sworn, &c. {as in p. 10). (The deponent.) Filed on behalf of . No. CXXXII. Affidavit for verifying the Signatui^e to a Consent for entering Satisfaction of a Bill of Sale {h). In the, &c. (as in form No. cxxx.). I (the deponent), of, &c., Draper, make oath and say as follows : — 1. The signature " " (i) set and subscribed to the paper- writing marked " " hereunto annexed, being the consent, dated the day of , 18 — , of the said , (k) to an order that a (c) If the affidavit be made by any other person than the solicitor explaining the deed, instead of " I," substitute — the said (the other witness), adding at the end of the paragraph — in my presence. (d) Due attention and care — and that is not a little — should be given to the pub- lication of the foregoing affidavit ; 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 of the other attesting witness, if one, and the day on which it was signed, and that the deponent was personally present when it was sitjned. (e) See s. 11 and Schedule A. of tiie Bills of Sale Act, 1878 (il & 42 Yict. c. 31). (/) Or, — and a copy of which said bill of sale — as the case may he. (g) If the des;cri]ition as so given is erroneous, then a description of the true residence, &c., should follow : Ex parte Webster, In re Morris, 22 Ch. D. 136. (h) 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 cojiy. If the grantee should refuse to sign this consent, he can be summoned before the Registrar of Bills of Sale at the Central Office, Royal Courts of Justice, who, on proof 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. 01, rr. 26, 27, and Appendix K., No. 58. (i) Here insert the name of the person entitled to the benefit of the bill of sale exactly as signed. (k) Person entitled. 78 PRACTICAL FOBMS. memorandum of satisfaction be written upon the registered copy of the 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 (I) as I know from having seen him sign the said paper, writing [this day] {m). 2. The said (Z) who has signed the said annexed consent, is the same person as (l), in the said bill of sale mentioned. Sworn, &c. {as in p. 10). Filed on behalf of . BONDS, No. CXXXIII. For Payment of Money and Interest {n). Know all Men by these presents that I (o) {the obligor), of, &c.. Grocer, am held and firmly bound unto (p) {the oUigee) of, &c.. Gentleman, in the sum of pounds sterling, to be paid to the said {ohligee), or to his certain attorney, executors, administrators, or assigns : {q) for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators (r), and every of them, iirmly by these presents. Sealed with my seal (s). Dated this day of , 18 — . The condition of the above written obligation is such, that if the above-bounden {obligor), {t) 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), {u) his executors, administrators, or assigns {x), the full sum of pounds sterling [this day, lent, and advanced by the said (I) Person entitled. (m) Or, — on the day of last — or, instant. But this date is not essential. (n) Stamp 2.s. G(Z. per £100 .seciu'ed to be repaid. (o) If given by 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., («.s above). (p) If given to iSwo or murt: — unto (Jrrst obligee) of, &c., Gentleman, &nd{s'Cond obligee) of, &c.. Merchant. Or, if given to a ccinpany, say — To "The Company, limited," trading or carrying on business as (state the business) at D. aforesaid. Or, if given tu a person trading in the name of a company, say — A. B., trading or carrying on business at D., aforesaid, in the names — or, under the style or firm — of " A. B. & Co.", in the sum, &c. (/ace, as well as the time of payment, here insert — at the residence for the time being of the said (obligor) — PRACTICAL FORMS. 79 {obligee) to tlie said {obligor) (y)] on the day of next (2) with interest for the same, in the meantime after the rate of pounds per centum per annum, {a) without any deduction [or abate- ment] whatsoever (b). 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 (c) (l, s.) In the presence of {One or more witnesses.) No. CXXXIV. That a Married Woman, being a Minor, shall execute and acknowledge a Conveyance on coming of Age {d). Know all men by these presents that I {the obligor), of, &c., Grocer, am held and iirmly bound, &c. {as in the preceding Form). Whereas, A. B., late of, &c., Grocer, made and published his last or {obligees) — {or, other place) in England. If the hour is to be stated, here and— between the hours of and of the clock in the morning — or, between the hours of . of the clock in the forenoon and of the clock in the afternoon. But it is not often desirable to fix the hours, for they may be forgotten, unless the time of payment should be short. (y) 0,.^ — now justly due [and owing] from the said {ohligor) to the said {obligee) \jf so,— AS his surety]. Or, if it be a 1 " 'ud for securing collaterally a sum secured by mortgage, say — being the sum secured by the indenture of mortgage hereiuafter mentioned — or, referred to. (z) Or, — within months after demand. If to be made payaVile by instahneiits, say— The full sum of pounds sterling, with interest for the same after the rate of pounds per cent, per annum, in manner following, namely, the sum of pounds, being one moiety {or of her 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 (or 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 annxun 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. {as above). {a) Or, — for every one hundred pounds by the year. {h) If the bond is c^iven to secure a rnortgauc 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 {obligor) of the one part, and the said {obligee) of the other part — or, between, &c. {stating the names and addresses of the parties). (c) 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. (tZ) This may be readily turned into the form of an agreement, if preferred ; but, in that case, a clause assigning damages for a breach of it should be added (see the Author's Practical Forms of Agreements). 80 PRACTICAL FORMS. will in writing, duly executed and attested, bearing date, &c., and thereby [gave and] devised, &c. {setting out the devise). And whereas (e) 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 (/) Registry of the Probate Divi- sion of the High Court of Justice. And whereas the said C. D. has intermarried with, and is now the wife of, the said {obligor) ; but she has not yet attained the age of twenty-one years. And whereas the said {obligor), 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 {g) 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, within the con- dition hereunder written : Now the condition of the above-written obligation is such, that if C, the wife of the above bound en {obligor), do and shall, at his costs and expense, — or, in the event of his death, at her own proper costs and expense, but in either case, at the request of the said {obligee), his heirs or assigns, within one week {g) next after she shall have attained the age of twenty-one years, or, if she shall then be under 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 (e) This recital is not material, and may tliercforc be omitted when brevity is desired : but it is usually inserted to sliow the date of the testator's death, and where the will may be found. (/) ^'') '/•'^''' — ^ the District Eegistry of, &c., at D. {9) Or, — one calendar month {or other time). {h) Or, — at the dwelling-house — or, counting-house of the said {ohiiyce). PR ACTIO AL FORMS. 81 before such perpetual commissioner (^) for taking the acknowledg- ments of married women, appointed under and by virtue of an Act of Parliament made and passed in the third and fourth years of the reign of His Majesty King William the Fourth, intituled, " An Act for the Abolition of Fines and Eecoveries, and for the substitution of more simple modes of Assurance" (A;), 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 (*'), a[)art from her said husband, and true and proper answers make to all necessary and proper questions, which shall be propounded and requiied of her l)y the said commissioner {i) 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 therebv, and her consent thereto, and any other matters connected therewith. [And also do and shall make, sit^n, 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 {h)\ And also that if the said {obligor) and C, his wife, or the said 0. 13. 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 {obligee), his heirs and assigns, within the time and at the place aforesaid, or other the place to he appointed tor 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 {obligee), 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 he 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. CXXXV. For the Fidelity of the Manager of a Bumiess (I). Know all men by these presents. That we {the obligor), of, &c.. Grocer, and {the suretij) of, &c., are held, e^c. {as in p. 78). (0 Or,— a judge. Ik) 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 execnteil before the Commissioner. (?) Stamp 2s. Qid. for every £100 of penalty with a niaNiiiiuin uf lOs. G 82 PRACTICAL FORMS. WHEiJEASthe said (olUgee) (m) has engaged (n) the sa,id (manager) to act as his agent in [superintending] managing, and conducting the business of [and works appertaining to] a coal vendor (o) at G., in the county of K. [for the term of years] upon the terms [mutually agreed upon between them (p) and] hereinafter expressed, and on entering, with the said (surety), into the above-written obligation with the condition hereunder written. Now THE CONDITION of the abovc-written obligation is such, that if the above bounden (manager^ do and shall, from time to time, and at all times hereafter durng [the continuance of] the said engage- ment (q), diligently and faithfidly snperintend, manage, and conduct the said business (r), and devote the whole of his time and attention thereto (s), and use his best [and utmost] endeavours to continue and promote the custom thereof {t). 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 (n) such property, moneys, securities, effects, and things belonging to, or entrusted to his custody or care, as such manager or agent as aforesaid, or otherwise, either (m) If engaged by a company, instead of tlie name substitute — tlie said company throughout. (h) Or, — selected and appointed. (o) This may be made applicable to any other business. (p) If desired, these terms can be specified in a separate documeut. In which case, they should be here referred to as— and contained in an agreement bearing date, &c., and made, &c. This document should be exhibited as that herein referred to. (See title Exhibits.) (^y) Or, — so long as he shall continue as such agent — or, hold the office of agent for the said company. (r) If of an hotel, &c., here add — of the said hotel — or, restaurant — or, supper- rooms (or, as the case may he). (,s) 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 he requisite for the due [and efficient] management thereof and for the interest of the said ((jlj/iijre). (f.) If an agreemont be made, in writing, eml)odying the duties of the agent in a se|)arate fonn, wliicli is desiral)!e, this document may be sliortened 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 ["/', referred to]. Then the above written obligation, &c. (as in p. 71)). , , (ii) If the obligor is to have the charge of aiiv kind nf ]iers(inal cfd'cts, m an liotel or other such ]ilacc, here add — the household furniture, plate, linen, effects, articles and things now being in and about the said hotel (nr oilier jilani) and compi-ised in the inventory hereunto —o/', 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 (ol)li(jor) (as he hereby admits) and also of all such other property, &c. (as uhovi). PRACTICAL FORMS. 83 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 keepsuch property, moneys, effect-, 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 {x) 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 (oUigee), his 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 office and duties as such agent as aforesaid ; xVnd also {y) do and shall when, and as often, during [and aft^^r the expiration of] the said term, as he shall be thereunto required [in writing], by the said {obligee) (z), his executors, administrators, partners, or assigns, prepare and deliver to him or them, in [a ftiir hand] writing, lull, 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 {obligee), 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)^ 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 ^aid 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 ; xVnd also do and shall, at all times during the Siiid term, requiie and cause ihe [inferior clerks and] sejvants in the said business under his supervision and control, duly and faithfully to perforin their teveial duties therein, and to conduct and demean themselves in an (a:) If it be intcndtd that the manager shall only superintend the accounts and bo answerable fur their accuracy, instead of the word "keep,'' hire substitute— super- intend; adding, after the following word " business" — and cause them to be regularly kept, &c. (as above). (y) If the agent is merely to superintend the accounts, omit this clause. (;:) Or, by the said company. G 2 84 PRACTICAL FORMS. orderly, proper, and respectful manner, in all respects, towards him- self, each other, and the said [obligee), his executors, administrators, copartners, and assigns, and his and their family, friends, visitors, connexions, 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), his executors, administrators, partners, or assigns ; And also do and shall, in all other respects, acquit, and demean himself in all respects as a diligent, faithful, honest, and respectable, raanagnr and agent, as aforesaid ; and so as Jiot to occasion any loss, injury, risk, liability, or unnecessary annoyance to the said {obligee), {a) his executors, administrators, or assigns, during the said employ- ment ; Then the above-written obligation, &c. {as in p. 79). No. CXXXVI. Administration Bond (b). Enow all Men bv these presents, that We {the administrator), of, &c., Draper, and {the sureties) (c) of, &c. {describing each of them) are jointly and severally bound unto thn Kip;ht Honourable Sir James Hanne-n, Knight, the President of the Probate, Divorce, and Admiralty Division of the High Court of Justice, in the sum of pounds {d) of good and lawful money of Great Britain, to be paid to the said Sir James Hannen, or to the President of the said Division for the time being : Fov 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 tiiese pre- sents. Sealed with our seals. Dated this day of , in the year of our Lord one thousand ei^ht hundred and . The Condition of this obligation is such, that if the above-named {administrator), the lawful husband (e) of {the Intestate) (/), late of, {(t) Or, — company. (b) Where the estate is under £100, no stamp duty; over £100, stamp duty H.s. (c) In ordinary cases two sureties are required, but only one if the property is bond fide under the value of £50. {d) This sum must be double the amount of the gross assets as sliown in the aflidavit for hilninl licvcnnc. (e) 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. (-oing8 are to be cleared by the vendor ; — and from which time the purchaser (a) shall be entitled to the rents and profits ami {h) to the possession of tlie said premises (c) ; but if from any cause whatsoever {d) the completion of the purchase (e) shall be delayed beyond the said day of , the purchaser (/) shall pay interest on his purchase- money, at the rate of pounds per cent, per annum, from that day to the time of completion thereof, without prejudice, however, to the rights of tlie vendor under these conditions. 6. The purchaser {g) shall take, and on the completion of the pur- chase pay for all the grates and other fixtures and fittings {h) in and about the " dwelling-house " and offices {i), specified in an in- ventory, to be produced at the time of sale (h), at a valuation 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 solicitor, 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 determination shall be final between the parties; And in case either the vendor or the purchaser shall, for the space of days after request, in wrhiug, neglect or refuse to nominate (x) Or, — on Ms lot. (2/) (jr, — at the office of the said [in Street] at W. in the county of H. (2) Or, — of each lot is. (a) Or, — the purchaser of each lot. ip) Or, — but not. (c) Or, — of his lot. (d) not attributable to the vendor — or not arising from the gross neglect or default of the vendor. (t) If so — of any lot. (/) Or, — purchaser of such lot. (g) If so — of each lot. (/i) Or, — the timber, timber-like trees, pollards, saplings, and other trees. Or, — the coppices, plantations, and underwood — Or, — the growing crops manure, and acts of husbandry — Or, — customary tenant's fixtures — Or, — ornamental statues, fountain's iron fencing, aviaries, conservatories, and pleasure houses. Or, — all timber, timber-like trees, pollards, saplings, and every tree, except fir, poplar, sycamore, apple-trees, down to the value of Is. per stick, inclusive, grow- ing upon the said premises— c/', upon lot , — ar, upon the respective lots, except lots and , to which this stipulation is not to relate — Or, — all the coppice, underwood, and plantations — Or, — the growing crops (// u>t}j), hay and straw, dung, compost, artificial manures, and articles, acts of husbandry, upon the property in hand, usually taken, according to the custom of the country — o/-, under "The Agricultural Holdings Act, 1883 " — by incoming and outgoing tenants — Or, — all customary tenant's fixtures ia the dwelling-houses and on the land, (t) If so — on his lot. {k) Or, if su, — at the price to be then named by the auctioneer. 96 PRACTICAL FORMS. and appoint a valuer on his behalf; or in case either valuer, when apt)ointed, shall for the like sjiace of time, refuse or neglect to act, or proceed in the matter, the valuer of the other party may proceed alone to make the valuation; which, if made within the time afore- said, shall likewise be final and conclusive on both the said parties (J). [Here insert any special conditions (?»).] (?) If the words relative to the expense of the valuation be not inserted at the commencement of this condition, tlie lollowing should be added here — And the expense of such valuation shall in all things he home and paid hy the vendor and pur- chaser in equal moieties (ur as the case may be). (in) Special conditiniis of sale require to be carefully drawn as a vendor who puts in such conditions is bound to make them explicit, and if he desires to provide for the acceptance of a delective title, the conditions shoidd disclose the nature of the defect provided against, as he cannot protect himself by a condition which might operate as a trap to catch an unwary purchaser. On the other hand, whilst properly protecting his own interests, the vendor will be careful that the conditions of sale are not so framed as unduly to alarm a purchaser, and (subject to s. 35 of 44 & 45 Vict. c. 41) depreciatory conditions, calculated to damp a sale used by jiersons in a fiduciary position may involve the vendors in personal liability towards those bene- ficially entitled, and lead to an objection to the title. SPECIAL CONDITIONS RELATING TO 1. The commencement of Title. The title to lot shall commence with the will of W. A., Esq., bearing date the — — day of , 18 — ; and the purchaser shall not require any other title or infor- mation relative thereto than a plain copy of such will, and a declaration of the lot having heen in the possession of the said W. A. for years prior to his death. The purchaser of lot shall accept, and he satisfied with such title thereto as the vendor has, and such as will be set forth in the abstract ; and the vendor shall not be required or bound to give any further evidence, information, or explanation respecting it. As lot was formerly the estate of A. B., Esq., whose title is generally known, and was by >iim conveyed to C. D., in 18 — , the vendor shall not be required to deduce any earlier title than the conveyance to the said C. D. The title to lot shall commence with the wiU of J. W. ^or, with the conveyance to J. W., the vendor's father — dated the day of , 18 — ], and no earlier title to the lot shaU be required. It being notorious that lots and have been in the ppssession of T. W. [and his ancestors] for upwards of years the vendor shall not be required to furnish any evidence [or information] in support of the seisin of T. W., his late father, deceased [or his ancestors], in such lots, or that they were included or passed in the general devise of — or, reference to — these estates in his will. The title to lots and shall commence as follows, namely, — as to premises called "Jones's " purchased of A. B. in the year 18 — , and now forming part of lot , with an indenture — (-r, will — dated, &c. (as above) : and to lot , with a conveyance, dated, &c., from S. S. and others to T. T., in reversion of certain copyhold grants, dated, &c., by which the property — "r, " lot " — was held of 0. S., lord of the manor of R., for the life of S. T., since deceased ; and the vendor shall not be called upon to prove the death of the said S. T. — '"■, the title of the said S. S. and others ; nor shall any objection be taken by reason of the vendor not having the conveyance to, &c. The title shall commence, as to lot , with a conveyance by a mortgagee to the vendor ; and the purchaser shall accept the title conferred by such conveyance, dated, &c. • as to Nos. and . forming part of lot , with the will of A. B., dated. &c., which, with a declaration of possession thereof for years prior to his death, which happened on the day of , 18 — , shall be received as evidence of the seisin in fee of the said A. B. ; and as to lot , part of which (No. ) is in the parish of B., and the other part thereof (No. ) is in the parish of C, — with indentures, dated, &c., and, having been always held by the said C. C. as part of his estate at C, it shall PRACTICAL FORMS. 97 7. The vendor shall, at his own expense, within days after tlio sale, deliver to the purchaser or his solicitor (?i), an abstract of the title to the property and deduce a good title thereto, subject to be deemed to have passed by the description contained in the deed of appointment under which the estate was vested in him, although the latter parish be not specifically men- tioned therein, or the estate — ';;•, lands — might be in another county, and no objection shall be made with reference thereto. The instruments under which the premises — or, lots and , are held, being licenses to enclose and hold the lands of the lord of the manor of Y., dated, &c., the pur- chaser shall not be entitled to any other title — or, evidence of title — to the premises— ur, such lot, the vendor having had peaceable possession thereof for years last past. The will by which the life estate in the property — or, lot — was devised being dated, &c., at which time the testator was seised thereof in fee, subject to a mortgage, since satisfied, — the pui-chaser shall not require any title previous to such will — or, the conveyance to such testator, who purchased it in 18 — . Lot lying between old inclosui'es belonging to the vendor and the public high- way — or, "turnpike road" — having been inclosed by him upwards of- years, the purchaser shall not require any other evidence relating thereto, than a statutory declara- tion of the possession or the receipt of the rents and profits thereof dui-ing such period. 2. Identity. The vendor shall not be required to identify by names or quantities the property in its present state with the ancient description given in the title deeds or documents abstracted, or of property partitioned, or to show the discharge or satisfaction of any legacy given by will of more than years' date. It being doubtful whether lot is freehold, or held for a long term of years, the purchaser shall not require any other evidence or identity thereof than is shewn by the deeds and documents set forth in the abstract. Where, on account of any part of the property — or, any lot — having been conveyed under a general description, or of the hedges or boundaries dividing the property — or, the freehold from the leasehold part having been removed or otherwise, evidence of the seisin, possession, or identity, is not afforded by the title deeds or documents, a statu- tory declaration of the possession or receipt of the rents and profits thereof for years and upwards, or of the identity of the premises, shall in any case, not specially provided for in these conditions, be deemed sufficient evidence of the seisin, possession, and identity. Various alterations having been made by the removal of fences, laying several fields together, and by inclosures, the vendor shall not be required to give further proof as to their identity than the description contained in the deeds and documents comprised in the abstract to be delivered to the purchaser — or, the quantities and descriptions given in the tithe survey — which as well as the quantities mentioned in the annexed parti- culars, shall be considered binding on both the vendor and purchaser. No evidence of the boundaries of the manor or extent of the manorial rights within the manor, or of the statement in the particulars of sale, or as to the nature or origin of the chief, fee, or quit rents now payable, or other manorial rights shall be required, save such as the copies of court rolls and manorial papers in the vendor's possession (which will be delivered to the purchaser on the completion of his purchase) will afford, and this evidence shall be deemed sufficient and conclusive. In Case of Deeds of Composition. — The production of the London Gazette contain- ing the notice of the conveyance and assignment to the vendors shall be taken as (^,;) Q^~^ — to the purchaser of each lot —or, to the purchaser of each lot whose purchase- money shall amount to pounds — or, to the purchaser of lots and who shall, within days from the day of sale, require it^ and undertake to pay the expense — not exceeding, in each case, pounds of preparing an abstract, &c. (as above). H 98 PRACTICAL FORMS. these conditions [and to the special circumstances as set forth in the annexed particulars] ; and shall produce the title deeds (o) for sufficient evidence of the due execution and attestation of such deed, and of compliance with the Act of Parliament in that behalf, 3. Allotments. Lot , which was an allotment under the S. Inclosure Act, is not, in the award under that Act expressed to have been set out and awarded to the said J. W., deceased, in lieu of his rights of common and other rights, in and over his other estates — or, other property — but the purchaser shall not require any evidence in support of the fact, or any information relative thereto, or of the regularity or validity of such award, or of the custody or registry thereof, or to show that the said J. W. had other lands in the said parish. Whereas the title to lot is derived from the award under G. Inclosure Act, which bears date the — — day of , 18 — , the purchaser shall not require any other evidence of the title to such lot than a solemn declaration by the vendor, that he and his ancestors have had peaceable possession thereof for years and upwards ; Nor shall it be an objection to the title that no award had been executed under the said Act [there being a clause in the Act authorizing a sale of the allotment before the execution of the award.] Where any lot or lots, or portion of any lot or lots, shall consist of an allotment or allotments set out under an Inclosure Act or Acts, and awarded to J. W., deceased, the purchaser of such lot or lots shall not require the production of any such acts, or of the award or awards made in pursuance thereof ; nor shall the vendor be required to give any evidence — or, information whatever to show the particular property of the said J. W. in respect of which such allotment, or respective allotments, were set out and awarded, or that he had lands in the said parish. 4. Exchanges. 10a. Or. 14p., part of lot , was received in exchange for other lands by Mr. G. R., under the powers of the Inclosure Acts, passed in 18 — ; and the purchaser shall not require any title, evidence, or explanation relative thereto, or to the property given in exchange prior to the deed of exchange — or, the award of the Commissioners dated the day of , 18 — , although earlier reference might be made thereto in the abstract. Lot was, under the power of the L. Inclosure Act. received by J, K., Esq., deceased, in exchange for other lands, and was purchased of him by the vendor, and the purchaser shall not require any other title than the conveyance thereof, dated the and days of , 18 — . ry. Title Deeds. The vendor shall not be obliged to produce any deeds or documents not in his custody or control. The title deeds and documents^ — or, a part of the title deeds and documents — relating to the property — or, to lot having been destroyed by fire — or, stolen — or, lost — or, mislaid — the purchaser shall not require secondary or other evidence of their contents, except the contents of the conveyance to the vendor (or, os tlic cose moi/ he), but {in case of loss) in the event of such deeds and documents, or any or either of them, being discovered, they shall belong, and be delivered to the purchaser — or, 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 j 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 — or, respective purchasers — attested copies thereof, duly stamped, and entering into the usual covenant to produce the originals ; such covenant (fj) Or, — such of them as shall be in his possession [or under his control]. PRACTICAL FORMS. 99 examination therewith, at the office of his solicitor, in street, at W., in the county of K. {p) ; and the purchaser {q) shall, within to be prepared at Ms own — or, the purchaser's — expense, and to become void if the vendor shall afterwards sell any — or, the remaining — portion of the property — ar, 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 procure 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 — or, respective purchasers- at this present sale— on his — 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 better tbrm (vindef the (.;onve3'ancing Act, 1881), where cLicuments are intended to be retained by 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 right 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— o?-, if the docu- m/'uts are intended to be retained by the vendor as morfija'/ee or trustee, tlie 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. n. Recitals. The oldest deed in the vendor's possession being dated on the day of , 17 — , and containing recitals showing a general deduction of ths 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, marriages, 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 sufficient evidence thereof respectively. 7. QtumtUy. 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 — r;/-, 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 purcnasers shall, at their mutual expense, enter into mutual covenants— (/r, 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 (p) Or, — within miles from the said purchaser's residence. (/•, Dissenting congregations— or, society of Dissenters called " ," at, &c. — shall be accepted by the purchaser as conclusive evidence of the facts stated in such extracts. (r) lleic add — to either lot. (.s) If sold in lots, here add — of such lot. 102 PRACTICAL FORMS. to vacate the sale {t) notwithstanHing any negotiation relative thereto, or any steps which may have been taken in complying witli such requisitions or in removing sucli 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, a<2;ree, in writing, to waive such objections, and de- clare his acceptance of the title unconditionally: Ayul on the sale of any of the property (u) being so vacated, the deposit -money shall be returned to the purchaser (a;), but without any interest, costs, or compensation whatsoever. 8. The purchaser (y) shall bear and pay all the costs and expenses of, and attending the conveyance, assignment or surrender of any out- standing estate, or interest, and the obtaining of any Probate, Letters of administration, or any other document required for that purpose, or for evidencing the title thereto : And of any deeds of covenant for production of title deeds, or any or either of them ; And of any disentailing deeds or other assurances or documents required for barring any estates-tail in the property {z) or passing the estate or interest of any married woman therein ; And of and attending tlie production of all deeds, evidences and documents of title not in the vendor's possession, and all necessary journeys for the examination of the abstract; And of procuring any official, attested, or other copies of, or extracts from, any grants, deeds, wills, fines, recoveries, or other documents, whether of record or not, required for the purpose of verifying the abstract or otherwise ; And also all fines, fees, and heriots, payable [for special courts and] upon the surrender of, [and admittance to] the copyhold part of the property {a). 9. On complying with these conditions, and paying the residue of the said purchase-money, and the value of the fixtures and fittings, &c. {as the case may be), accoidiug to the sixth condition, to the vendor (h) the purchaser shall have a proper conveyance (c) of the premises [or, of the lot or lots ]Hirchased by him] ; which convey- ance (d) or other assurance, shall be prepared and perfected by his or her solicitor, at his or her expense, and the drafts thereof shall be sent to or lett at the office of the vendor's said solicitor, on or before the day of next, for his perusal on behalf of the vendor, and the engrossment for his execution on or before the day of next, 10. If any mistake or error shall appear in the particulars of the (t) Of such lot. (u) Or, — any such lot or lots. (x) Or, — purchaser of such lot. (y) Or, — of each lot. (2) Or, — any lot or lots. (a) Or, to that part of lot which is of copyhold or customary tenure. (b) The place should he stated, lor otherwise the purchaser miuht he put to the expense of banker's ciMuiiiissioii and a,2;ency charp;cs, or to tlie ex^iense of a journey hy his solicitor. — At the said office of the said A. B. [between the hours of and o'clock in the forenoon— <!er ; but such conveyances (b) and assurances shall be prepared and perfected at his own expense ; and the drafts thereof shall be sent to the vendor's solicitor days, and the ingrossmeut clear days previously thereto. 7. No error or misdescription shall annul the sale, but a compen- sation shall be made within days after the delivery to the vendor in writing of the particulars of the claim thereto ; such com- pensation to be ascertained by reference in the usual manner (c). 8. If the purchaser [of either lot] shall fail to complete his })Ui- chase [d) according to these conditions, his deposit shall be absolutely forfeited to the vendor; who shall be at full liberty to resell the property [or, such lot] at such time or times and in such manner as he shall think fit ^Yithout first giving notice or tendering any con- (y) Here add any other condition upon which the sale ia to depend, as in the case of leaseholds — or, if a license to alienate \_or, assign] the property [or, either lot] to the purchaser cannot be obtained. {z) Here add any exception, as — except deed of settlement, dated, &c., and made, &c. (rt) If the property be mpyhold, instead of the word " convey," substitute the word " surrender" — or, if leasehold, " assign." (6) If cojjyliold, say — surrender — or, if leasehold — assignment. (c) Or, — according to the condition. If the tixtures w timber be taken at a valuation, here add the clause applicable to a valuatiou ; see p. 95, sixth cendition. (c^) Or, — to comply with these conditions. 106 PRACTICAL FORMS. veyance to such defaulter ; and without prejudice to liis (the vendor's) other rights under these conditions; and any deficiency, loss, damage, or ^xpenses whatsoever arising from, or occasioned by such re-sale, and incident thereto, shall be borne and paid by such defaulting purchaser as liquidated and settled damages ; but any increase in price shall belong to the vendor. I {the purchaser), of, &c., grocer, hereby acknowledge that I have this day, at the before-mentioned auction, purchased the property [or, lot — or, lots] described in the annexed handbill, subject to the toregoing conditions, at tlie sum of pounds; and I have paid to the the sura of pounds as a deposit on, and in part of such purchase-money ; A7id I hereby agree to pay the residue of the said purchase-money according to the sixth foregoing condition, and in all other respects to fulfil such conditions of sale. And I {the auctioneer), as the agent for the vendor, hereby confirm the said contract, in all respects, [on his behalf]. Witness our hands, the day of , one thousand eight hundred and . £ s. d. Purchase money {Signatures, see preceding Deposit paid form.) Remainder unpaid £ {Stamp). No. CLI. Of Freehold.^. {A concise Form.) 1. The highest bidder [for each lot] shall be the purchaser; — the vendor may bid once [for each lot] ; disputed biddings shall be revoked, and the preceding biddings continued, or, at the discretion of the auctioneer, the property [or lot] shall be put up again at the last undisputed bidding (e). 2. The purchaser [of each lot] shall immediately after the sale, pay [£ for the auctioneer, and contract, and] a deposit of £ per cent, on, and in part of the purchase money, and sign an agree- ment for the payment of the remainder on the day of next ; when all outgoings [in respect of each lot] shall be defrayed by the vendor, the ])urcl)aso [of each lot] completed, and possession given to the purchaser; but if the completion thereof be, from any cause what- ever, not being wilful or attributable to the vendor, delayed beyond that day, the purchaser shall have possession of the property [or of his lot], or become entitled to the future rents and profits thereof, (e) If desired, here insert the following; condition — No person shall advance less than £ — per cent, at each bidding for lots and £ for each of the other lots. PRACTICAL FORMS. 107 and pay interest on the residue of his purchase money at the rate of £ per cent, until the completion thereof (/). 3. A proper abstract of the title to the property [or each lot] [which shall commence with an Indenture of • boiring date, &c. ((/)], shall bo furnislied to the purchasers tliereof at the expense of the vendor [within days from the day of the sale] but the expense of, and attending the conveying {]i), and of obtaining or furnishing any documentary or other evidence required shall be borne by such purchaser. 4. All objections to, and requisitions on the title [to either lot,] not made within days next after the delivery of the abstract shall be deemed to be waived and the title unconditionally accepted ; but if any be furnished which the vendor shall object to comply with, he shall be at full liberty to abandon the contract on returning the deposit money only ; notwithstanding any concession, partial compliance, or correspondence by him, or his solicitor, in respect thereof {k). 5. No error or misdescription of the property [or lot], shall annul tiie sale, but a compensation shall be made in respect thereof [the particulars of the claim thereto being sent to the other party within days from the date of sale] ; and such compensation shall be estimated by two competent persons [or valuers], one to be chosen by each party, or by an umpire chosen by the referees in the usual manner (J). 6. If the purchaser [of either lot] fail to complete (m) his purchase according to these conditions, his deposit money shall be absolutely forfeited to the vendor, and the property [or lot] resold in like manner without notice or tendering a conveyance; and any defi- ciency, with the expenses attending such re-sale, shall be paid by such defaulting purchaser, and any increase in price shall belong to the vendor. (/) See p. 1)5. If timber or tixturcs are to l)e taken at a valuation, licre insert the fuUowiiiii; condition — The purcliaser of the property — or, each lot — shall pay for timber and timberlike trees, feUers, and saplings thereon down to one shilling per stick inclusive. Or, — the purchaser [of each lot] shall pay for all the fixtures and fittings in the dwelling-house and offices, and specified in the inventory now produced at a valuation to be made in the usual manner — or, by Mr. A. B., of, &c., appraiser. ((/) If the title is to be limited or subject to any reservation, or the ])roperty bo sold subject to any charge — a mortgai^e, an annuity, or the like, it should be here stated thus — which is to be sold, subject to mortgage for £ — and interest amounting to £ — charged thereon — or, subject to an annuity of £ — to A. B., aged on his last birthday — or, except as to part of the property — or, lot — in the occupation of C. D., the title, which being only prescriptive — or, possessory — shall be deduced for twenty years last past. (A) Or, if leasehold, instead of conveying, substitute — assigning. {k) If the property be sold in lots, here insert the following condition — the purchaser of lot ■ shall be entitled to hold the title deeds ; but he shall, at the expense of the respective parties requiring it, acknowledge the custody thereof, or enter into the usual covenant to produce them, and to give copies, or abstracts of, or extracts therefrom. (?) See preceding turni, n. (r). {m) Or, — to comply with these conditions. 108 PRACTICAL FORMS. I, the un(lersiij;ned {imrchaser) of, &c,., grocer, hereby acknowledge that 1 have this day purchased, at the before-mentioned auction, the property [or lot] described in the annexeH pirti'iila-s, at tlie sum of pounds, and have paid a de{)0sit of pounds thereon accordiog to the foregoing concbtioiis ; and I agree to fuVfil sucli conditions in all other respects: And I, the undersigned A.B., the auctioneer, hereby confirm the said sale on behalf of the vendor. Witness our hands, this day of , 18 — . £ s. d. Purchase money [Signatures, see p. 104). Deposit {Stamp.) Eesidue unpaid £ No. CLII. Of Reversionary Interests (u). 1. The auctioneer shall name the biddings immediately before offering the property [or, each lof] ; there shall be two or more bidders [for each lot], or no sale; the vendor or his agent may bid once [for each lot] ; the highest bidder [for each lot] shall be the purchaser, and no bidding sball be retracted ; but if either be disputed, the property [or, lot] shall be jiut up again at the preced- ing undisputed bidding. 2, The purchaser [of each lot] shall, immediately a'ter the sale, pay to the auctioneer guineas towards his fee, and tlie contract, and a deposit of pounds per cent, on, and in part of the purchase n)oney, and sign an agreement for payment of the residue thereof to the vendor [or, his authorised agent] on or before the day of next (o), at the ottice of Messrs. A. B. & Co., the vendor's solicitors at B., in the county of W, (or, other place), [between the hours of in the forenoon and in the afternoon] ; at which time and place the purchase [of each lot] shall be completed, and from which time the purchaser [or, respective purchasers] shall be entitled to all additions Qj) and other benelits arising or accruing in respect of the property [or, lot] purchased by hitn, and up to whii'h time all outgoings in respect thereof shall be paid to the vendor (q) ; (?i) No general precedent of tlie conditions ap])licable to these interests can be given ; for almost every one of them varies acconling to the peculiar circumstances with which they are usually surrounded. This is, therefore, here introduced rather as a guide in, than as a form adajited to, every case. (o) If the venilor be residing abroad, provision sIkjuUI be made (as to time) against the casualties attending the sending of tlie deeds to him. (/() If of a jioJirij, say, — all bonuses, additions, &c. If of a morfijage, say, — all interest [due and] to accrue due thereon. ('/) ii the sale Ik' ot a pulicu of insiuance, liere say, — All the premiums and other sums payable in respect of the said policy shall be paid by the vendor. Or, \i the sale lie of shares, say, — All calls made, and which shall up to that time he made, upon or in respect of the said shares, shall be paid by the vendor. '>r, if thr sale br of a /':/<";/, siil/i'ci to ihity, here >;ty, — except the legacy [or, succession^ duty payable in respect thereof. PRACTICAL FORMS. 109 bat if from any cause whatever [not being wilful or attributable to the veudorj, the purchase [of either lotj shall not then be completed, the ])urchaser tbereof 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 rights under the seventh condition (r). 1). The vendor will, within days after the day of sale at his own expense furnish the purchaser [of each lotj with an abstract of tlie title to the property [or, such lot] (s) ; and all objections thereto or requisitions thereon not sent or delivered in writing to the vendor's solicitor within days next after tlie delivery thereof shall be deemed waived, and the [)urchaser 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 {t), he shall be at full liberty to abandon his contract at any time, notwithstanding any correspon- dence, negotiation, concession, or partial com[)liance therewith, on giving the purchaser days' notice thereof, and returning the deposit, without interest, costs, or compensation ; and thereupon the pure provide 1 a'j,ainst, liere 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. (ij) If the property be sold in lots, and the title-deeds are to be delivered to the purchaser of tlic largest lot, here insert the condition ante, p. 98. 110 PRACTICAL FORMS. 6. No error or misdescription (z) shall annul the sale ; but a com- pensation, if cipable of compensation, shall be made in lespect thereof, if, within days next after the discovery thereof, the purchaser [of the lot] shall send to the vendor the particulars in writing of the claim thereto; which compensation shall be estimated by the auctioneer («), whose decision shall be binding and conclusive upon both parties (h). 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 tioies afterwards, to re-sell the property [or, lot] as he may think fit ; and any deficiency occasioned by such re-sale, with all iost^es, damages, and exjienses of, atid 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 assignnient 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 1 hereby agree to complete such purchase and in all other respects to fulfil the foregoing conditions of sale. I, the undersigned 0. D., the auctioneer, on behalf of the vendor, hereby confirm the said sale. Dated this day of , 18 — , £ s. d. Purchase money [Signatures, see p. 104). Deposit paid [Stamp). Remainder unpaid £ Witness. No. CLIII. Of a Ship or Vessel (c). Conditions of the sale by auction on the day of , 18 — , at the Auction IMart at W., Kent, at — (/clock in the after- noon, of the 8hi[) or Vessel (d.) called the -— , now lying (z) If tlic sale be of rcvcrsiniiary interests or nclicy, here insert, — in the sums, names, ages, or description of parties or otherwise in the foregoing [or, annexedj par- ticulars. (a) Or, — by Mr. A. B., an actuary. {h) If ihe aniunnt i.s left for valii.ition liy two or more parties, see n. (y) below. (c) For the form of commi.ssion of apjiraisement and sale in the Probate, Divorce, anrl Admiralty Division of the High Court, see Rules of Sujireme Cnurt, 1883, Apixiidix II., No. 1(1. (rf) Describe the shi]) according to its ela.s.«, and siate — wliether stenu) (screw or PRACTICAL FORMS. Ill at {state the place, as, The West Quay, at Hull), with lier [cargo] stores and tackle (e), by order of the owner (/). 1. The auctioneer shall name the bidding's, — the vendor or his agent mav bid once, — the hii^hest bidder shall be the purcliaser, — and no bidding shall be retracted ; but if either be disputed the property shall be put up again at the last undisputed bidding. 2. The vessel [and her stores, spars, kci\ will be sold in such situa- tion and conditii'U 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 {g). o. 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 (Ji) guineas towards his charges [to bind the bargain], and also one («') part of tiie purchase money, and sign an agreement for payment of the residue thereof on the day of next {k) ; when the pur- chase shall be completed, and he shall be entitled to possession of the property ; but it froui 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, store-, &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 alter the completion of the purchase ; but shall afterwards be ))aHdlc) or sailing ship ; and if the former, ils 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. (e) If SO— subject to a mortgage for £ thereon. (/) 0/-,— mortgagees — or, underwriters. ((/) If the ]inicliaser be reiiuircd tn take any of the followincr, here add the follnwinsi; condition : — The pturchaser 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 [_oi , vessel, &c.], comprised in the inventory exhibited at the time of sale \ur, annexed to these conditions], at a valuation to be made in the usual manner ar, 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. (/t) Or,— broker— 0?-, owner. (i) Usually iyfouvtli part. (A) Or, — within months — or, days next aft3r the day of sale. 112 PRACTICAL FORMS. removed with due (?) despatch, and without subjecting the vendor to any liability whatsoever in respect thereof. 5. The residue of the purchase money sliall be paid and the purchase completed on or before tiie day of next, at the residence of the vendor {m), who will then, on these conditions being fully performed, duly transfer and deliver the said ship [or, vessel], &c. (w), by bill of sale, to, and at the expense of the purchaser ; who shall thereupon become absolutely entitled thereto. 6. As it is I elieved the pro|)erty now offered for sale is accurately described in the particulars and inventory produced, no error or misdescription shall annul the sale, or sulject 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 purchase 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 p. 103. No. CLIV. Of Timber. fTT-n • ,• f Wliere it is standing/ Timher. Wttli variations | ^yj^^^^ Security is to be given instead of Cash. 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. (o) and described in the annex-d handbill Qj). 1. The auctioneer shall name the biddings [tor each lot], — the vendor or his agent may bid once for each lot, — the highest bidder for each lot shall be the purrhaser, — and no bidding shall be retracted, but if either be dispute'!, the lot shall bo put up again at the last unriispiited bidding. 2, The purciiaser of each lot shall, if required, immediately after his [last] bidding, declare his name, resid' nee, and l»usiness ; and at the close of the sale pay int(j the lianas of the auctioneer a deposit of £ per cent, on, and in part of his purchase money, and sign an (I) Or, — all practicable. (m) Or, — at the office of the auctioneer — ui\ broker. («) Or, — Here st;Uc the stores, spars, &c., sold wuli the sliij). (o) Or, — A. B., Esq. (jy) Or, — particulars. PRACTICAL FORMS. 113 agreement {q) for payment of the residue thereof, otherwise the 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 in the next condition ; and tbe 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, before the trees are thrown, sever and cut off 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 to 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 with 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 Eoad," — from the park by the drove called "Green Drove," — and from the cornfields by the lane called " Blind Lane,"] (r) ; 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 day of sale, pay (s) the residue of his purchase money ; — and until pay- C,^) Qi-^ — give such security as shall be satisfactory to the vendor for payment of the residue thereof (//■••o), in respect of the fir, elm, ash, chesnut, 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. Or, — give an approved bill of exchange at months' date, to be drawn by the purchaser 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 approved by the [agent of the] vendor. Or, if tlie purchase money be considerable — give, if required, his acceptances to two usual bills of exchange— one for a moiety of the aggregate amount of [or, his entire] purchase money, at months', and the other, for the residue thereof, at months' date ; such bills to be duly indorsed by two responsible persons, to be first approved by the [agent of the] vendor. Or, — procure two responsible persons, to be approved by the vendor or his agent [or, the auctioneer], to join him in a bond [in a sufficient penalty] for payment thereof, and also for the due performance of these conditions. (r) If the time of removal be im|Hirtaiit, here 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. (ji) Or, — give security according to the second condition ; and he and his sureties shall, within days after their approval, attend at the ofiice of the auctioneer 1 114 PRACTICAL FORMS. ment thereof (t) he shall neither commence cutting the timber purchased by him, nor enter on the estate for that purpose or for preparino; 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. It either purchaser shall fail to pay his purchase money or any part thereof, according to ihe last 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 pre^judice 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 {j)urcliaser), 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, aceordiug to the foregoing conditions [of sale] hereby agree to fulfil such conditions in all other respects (m), And I, the undersigned C. D., the auctioneer, hereby confirm the said sale on behalf of the vendor. Dated this day of , 18 — . £ s. d. Total purchase moneys {Signatures, see f. 104). Deposit paid thereon (Stam^). Remainder unpaid £ No. CLV. Of Shares. 1. The shares shall be offered in lots (x), 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 (y) the same. [ — or, A, B. — at W., aforesaid,] and execute such security ; which is to be prepared and perfected at the purchaser's expense. (t) Or, — until such security shall have been given. (u) Jf svretics he n-finired, Jwrc reine Court Funds Rules, 1S84, Nos. 95 and OG. (x) This form of declaration and request is required by the Supreme Court Funds Rides, 1884, r. 48, and Appendix JNo. 12. PRACTICAL FORMS. 133 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 payment 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) {^ij). To the Assistant Paymaster-General, Royal Courts of Justice, London. No. CLXXX. ' By Parliamentary Voter as to his Place of Abode {z). 1 {declarant), of {place of abode), on the list of ownership voters for the parish (a) of , in the county {h) of , do solemnly and sincerely declare that 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 , 18 — . abode.) {Signature of justice, or person authorized to administer oaths in the High Court. Statement of his quality as justice, or &c.) No. CLXXXI. For Correcting Misdescription in Occupiers^ or old Lodcjers' List of Parliamentary Voters (c). -, of , in the parish of , in the county {d) of do solemnly and sincerely declare as follows {y) To be signed by two persons, one of whom must be a justice of the peace, or a Commissioner to administer oaths, or a clerk in holy orders, or a notary public. {z) See Form No. 7 in Schedule 2 of Kegistration Act, 1885. This is the same as the form in Schedule (B.) to the Coimty Voters Eegistration Act, ISiif) (28 Vict. c. 36), omittmg the word " ownership " and substituting " July " for " June." (a) Or, — township. {h) Or, — in the division of the county. (c) See Form (M.) in Schedule 2 of Registration Act, 1885. In the case of a declaration by a person on the old lodgers' list, the form must be adapted to suit that list. {d) Or, — for the division of the county. 134 PRACTICAL FORMS. 1. I am the person referred to in the list of — the parish (/) of by an entry as follows : — (e), made out for Name as de- scribed in List. Place of Abode as described in List. Nature of Qualification as described in List. Description of Qualify- ing 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 (g) 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 day of jfore me 1 ,18-. / (Signature.) (Signature.) Justice of the peace for No. CLXXXII. F'or Correcting Misdescription in List {Borough Registration) {Ji). I (declarant), of No. mentary borough of — municipal borough of - follows : — , in the parish of , in the parlia- -, in the county (i) of , and (h) in the — , do solemnly and sincerely declare as 1. I am the person referred to in division — of the list of parliamentary voters and burgesses made out in divisions (I) for the parish (m) of , by an entry as follows : — (e) Specifying tlic particular list. (/) ^''' — township, (f/) Or, for the — division of the county. (h) Sec Form (M.) in ."Ird Schedule to Eegistration Act, 1885. The form must bo adapted to suit the various lists. (^■) Or, — in the division of the county. (/.•) Add this, if so. {!) Or, — in the list of (specifying the particular list) made out for, &o. (m) Or, — township. PRACTICAL FORMS. 135 Name as de- scribed in List. Brown, John Place of Abode as described in List. High Street Nature of Qualification as described in List. Shop Description of Qualify- ing Property. 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 (n) of , and (o) 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 , 18 — . J (Signature.) Justice of the peace for — (Signature.) No. CLXXXIII. By Parliamentary Voter of Inability to Read (p). I (voter), of , being numbered on the register of voters for the county (q) of , do hereby declare that I am unable to read. (Voter's name) X his mark. pollin The day of , 18 — . I, the undersigned, being the presiding officer for the — ^ station for the county (q) 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 otficer for polling station for the county (q) of , the day of , 18—. (jn) Or, — for the division of the county— oj-, for the county of, &c. (o) Add tliis, if so. ('l>) See Second Schedule to Ballot Act, 1872 (35 & 36 Vict. c. 33). (7) Or, — borough — or, division of the county — or, borough. 136 PRACTICAL FORMS. No. CLXXXIV. By Candidate of Appointment of Parliamentary Election Agent (r). The Eeturning Officer at the election for the (s) of . I, (candidate), of , a candidate at the present election to serve in' Parliament for the (s) of , hereby declare that the name and address of the election agent appointed by me is as follows : — , of No. — , Street, in the said (s), and the said address is the office or place to which all notices, &c., may be sent. Dated the day of , 18 — . (Signature.) No. CLXXXV. By Candidate for Parliamentary Election as to Expenses (t). I, (declarant), having been a candidate at the election for the county (u) of , on the day of , do hereby solemnly and sincerely declare that I have examined the return of election ex- penses transmitted (x) by me (y) to the returning officer at the said election, a copy of which is now shewn to me and marked , and to the best of my knowledge and belief that return is correct (z). 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 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 (a) the sum of pounds and no more, for the purpose of tlie said election, and that, except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been (r) This declaration in writing must be made to the returning officer by the candidate, or some other person on his belialf, on or before the day of nomination, see ss. 24 (3) and 26 (1) of Corrupt and Illegal Practices Act, 1883. For form of ai^pointinent of election agent, see No. LXXXIX., jt. 4o, (s) County — or, borough — or, division of the county — or, borough. (t) See Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), s. 33, and second Schoduk', ]iart i. (w) Or, borough — or, division of the county — or, borough. (a;) Or, — about to be transmitted. (y) Or (if the candidate is nut his own election agent) — by my election agent. (z) The form of return is — I (candidate) candidate at the election for the county [or, borough] of on the day of , 18—, acting as my own election agent, make the following return respecting my election expenses at th« said election, (tid out list of Receipts and Expenditure.) See 2>ost n. (e). ((f) Or, — that I have paid to my election agent. • PRACTICAL FORMS. 137 paid, advanced, given, or deposited by any one, to or in the hands of myself (fe) or any other person for the purpose of defraying any ex- penses incurred on my behalf on account of or in respect of the con- duct or management of the said election. And I further solemnly and sincerely declare tbat 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 me, {Magistrate.) Justice of the Peace for . No. CLXXXVI. Same by Election Agent (c). I, (declarant), being election agent to candidate at the election for the county (d) of , on the day of , do hereby solemnly and sincerely declare that I have examined 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 (e). And I hereby further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my know- 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, 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 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 (6) Or, — in the hands of my election agent, or any other person. (c) See n. {t) to previuus form. {(I) Or, — borough. (fi) The form of return is : — I (election agent) being election agent to candidate at the election for the county \_or, borough] of on the day of ■ , 18 — , make the following return respecting election expenses of the said candidate at the said election. (Here yet out list of Receipts and Expenditure ; see 4G i& 47 Viet. c. 51, Schedule 2, part 1 ; and as to maximum scale, see First Schedule, part 4, of same Act.) (/) Or, — nothing. 138 PRACTICAL FORMS. 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 conduct or management of the said election. [Declarant.) Signed and declared, &c. {as in last form). No. CLXXXVII. Same hy Parliamentary Candidate where nominated or declared in his absence ((/). I, {declarant), having been nominated {h) in my absence {%) a candidate at the election for the county {k) of , held on the day of , 18 — , 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 {I) 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 {m) 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 {n) of any money, security, or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of defraying any expenses incurred on account of or in respect of the conduct or management of the said election. And 1 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 of money for the purpose of defraying any such expenses. {Declarant.) Signed and declared, &c. {as at p. 137). ((/) See part ii. of second schedule of Corrupt and Illegal Practices Prevention Act 1883 (46 & 47 Vict. c. 51). {h) Or, — having been declared by others. (i) Or, add — to be. \k) Or, — borough — or, division of the county of — w, borough. (I) Or, — with the exception of I have not, &c. (to) Or, — with the exception of I have not paid, &c. (») Or, — with the exception of I am entirely ignorant, &o. PRACTICAL FORMS. 139 No. CLXXXVIII. Same h>/ Candidate at Municipal Election as to Expenses (o). I (declarant), having been a candidate at the election of conncillor for the borough (j;) of . on the day of (q), do hereby solemnly and" sincerely declare that I have paid pounds for my expenses at the said election, and that, except as aforesaid, I have not, and to the best of my knowledge and belief, no person, nor any club, society, or association, has on my behalf, made any payment, or given, promised, or oifered any reward, office, employment, 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, except as aforesaid, no money, security, or equivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by any one to or in the hands of myself, or any other person, for the purpose of defraying any expenses 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 at any future time make or be a 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 a party to tlie providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. (Declarant.) Signed and declared, &c. (as at p. 137.) No. CLXXXIX. B^ Arbitrator or Umpire (r). I, A. B., do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the Act . (s) Made and subscribed (Signature.) in the presence of (t) (o) See Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), s. 21, and fourth Schedule. (p) Or, — ward. \q) Add (if so) — and my agents. There would seem to be some mistake here in the Queen's Printer's copy of the Act. (r) This declaration is to be annexed to the award, see s. 33 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), and s. 134 of the Railway Clauses Con- solidation Act 1845 (8 & 9 Vict. c. 20). (s) Naming the special Act. (0 A justice of the peace of any county. 140 PRACTICAL FORMS. No. CXC. Of inability to pay Debts (ii). In the High Court of Justice {x). No. — of 18 — . In Bankruptcy. Ke {debtor.) I, A. B,, of , residing at (y), hereby declare that I am unable to pay my debts. Dated the day of , 18 — . Signed by the debtor in my presence. {Signature of ivitness) {z). Address and description. Filed the day of , 18—. {Signature?) No. CXCI. Of Identity of various Properties. In the High Court of Justice, 18 — , — , No. . Chancery Division. Mr. Justice , Between, &c. I {the declarant), of, &c.. Grocer, do solemnly and sincerely declare — 1. That I am years of age, and was born at D. aforesaid, and have lived in that parish (a) all my life. 2. That I know and am well acquainted with a farm and hinds there belonging to {the owner), Esquire (b), called " Greens," situate at, &c., formerly in the occupation of , and now of , as tenants thereof ; to both of whom I have supplied goods (c) on the said farm for many years past. 3. That part of the said farm and lands consists of the following fields, pieces of [heath] land, farm homestead, and cottages, namely, — A close of arable now commonly called or known as " Long Plot," and formerly " One Acre Close," upon which a cottage formerly stood, situate on the south side of the turnpike road {d) leading from, &c., (tt) See No. 3 of Bankruptcy Forms, 1883. Stamp 5s. (x) Or, — In the County Court of holden at (?/) If tlie ilcljtur resides at a place (ithcr than liis place of business, both addresses should be inserted, therefore add (if so) — and carrying on business at (z) The witness must be a solicitor, or justice ui' the jieace, or an ofiicial receiver or registrar of the Court. Sec liankru]itcy Rules, 1883, No. 117. (a) Or, — on the borders of the adjoining parish, and close to the farm and lands there belonging, &c. (".s ithoi'r). (J)) Or,— to the trustees under the will of the (ownei-) late of, &c., Esquire. (r) Or, if made by a labourer — for both of whom I have worked on the said farm, &c. (as abuve). {d) Or, — highway. PRACTICAL FORMS. 141 to, &c., and opposite a bouse and garden occupied by E. F., into which close a piece of waste land, lying on the side of the said road, adjoining the said close, was, some years ago, thrown; and which said close, with the additions of the former waste land, contain, Szc, and are delineated and coloured red, and marked and in the [map or] plan hereto annexed : And I say, from my knowledge of the land at D. aforesaid, that such last mentioned close of laud before the said piece of waste land was thrown into (e) it, as before mentioned, is that referred to, and included (/) in the following old description, namely (here state it exact! 1/ from the old deed). 4. That a piece of meadow land, known as " Cowlease" adjoin- ing ((/) ou the north side, the river A., and containing [by estimation], etc., and also coloured red, and numbered on the said plan, is comprised [and included] in the following description {setting it out from the deed). 5. That another small piece of land now known as " Butts," and used as garden ground, lying on the south side of the highway (h) leading from &c. to &c., and situate at the corner of the road or lane leading into the last-mentioned field [called " Butts"], and now forming part of the other garden ground hereinafter described as " Longs," is also delineated and coloured red, and numbered on the said plan, and is included, &c. (as ahove). 6. That a piece of heath land called " The Allotment," lying in the said parish of D., containing, &c., or thereabouts, is delineated, &c. (as ahove). 7. That another close of arable land, containing, &c., or there- abouts, known as " The Park," into which an adjoining field herein- after called, &c. (as ahove), has been thrown, and which, with the said adjoining field, contains, &c., and are together delineated, &c. ; to which said close belongs two small islands of wood land in the stream known as " The Moors," containing, or formerly formino* together, one island ; and which islands are delineated, &c'.(as ahove.) 8. That a farmhouse and homestead occupied by the said (tenant) with the arable, meadow, pasture, and heath land thereto belono-ino-, formerly common land, known as " TJie Higher Common," contain- ing, &c,, or therea')Outs, is delineated, &c., coloured, and num- bered , &c. (as ahove). 9. That also the following land formerly known as " Green's Living," and now as " The Croft," and containing acres, or thereabouts, together with a plot of arable land called "Freehold Plot," adjoining, at a place [in the said parish of D.] calle'l or known as "Duck's Lane," which was always deemed as freehold, and was thrown into and now forms part of (i) the close of land called " The Furlong," and formerly called " The Ten Acres," containing, &c. (as ahove). (e) 0?',— added to it. (/) Or, — comprised, (f/) Or, — bounding. (h) Or, — road — or, lane, (t) Or, — added to. 142 PRACTICAL FORMS. 10. That a close or field of arable land, formerly two closes, and known by the name of " Bright' s," containing, &c., or thereabouts, with the lane or roadway running on the south side thereof, and delineated, &c., coloured, &c., and numbered on the said plan, formerly consisted of two closes of land, then known as " The Hams," and also a barn and yard and a plot of land adjoining [the barn], and the drove-way which formerly separated the barn and plot from the said pieces of land known as "Dean's Close." 11. That a piece of arable land called " Dumis Acre,'" contain- ing, &c., or thereabouts, situate on the south side of the road known as " Green Lane," leading to P. Church, formerly consisted of two fields or closes then called or known as " Greenhams ;" which piece of land is coloured, &c. (as above). 12. That the last-mentioned piece of arable land, called " Dunn's Acre," now forms, with a piece of arable land adjoining thereto on the north side, formerly part of the park, known as " Smith's," and delineated, &c. ; and also the site of a cottage, formerly occupied by Betty Old, with the garden belonging thereto, situate on the north side of the said field called " Bunns Acre^' were all together, as hereinafter mentioned, and now form one field called or known as " Highfield," and is delineated, &c. {as above). 13. That to the said close of land known as "Highfield" was always used a right of way for horses and carts to pass and repass into and out of the before-mentioned droveway, leading from the highway, and also a cart road from a gate in the said droveway to another gate in the said close called the " Highfield," in a straight line across a field adjoining on the north side of the said close called " Highfield ;" and the same close is referred to and included, &c. {as above). 14. That another close of arable land, called, &c., adjoining on the south side of the highway leading, &c., containing, (fee, or there- abouts, and formerly a rough ground {h), was more than twenty years ago broken up and converted into arable land by A. B., a tenant to the father of the said {vendor), and thrown into, and now forms, and has ever since formed part of a piece of land called "Noahs," formerly waste land, adjoining the said road, containing, &c., or thereabouts, and is the same close as that delineated, &c., coloured , and numbered on the said plan (the said former piece of waste land being numbered thereon), and included, &c. {as above). 15. That another field of pasture laud, formerly arable, called " Maggs," on which formerly stood a barn and stable, known as " Magg's Barn," containing, &c., or thereabouts, is the field now called "Cooper's Piece," delineated, &c. {as above). 16. That another piece of heath land abutting on the east side of the two last-mentioned fields and the field next hereinafter men- tioned, forming a triangular piece, containing, &c., or thereabouts, is the piece of heath laud delineated, &e. {as above). (/c) Or, — heath and uncultivated land. PRACTICAL FORMS. 143 17. That the following cottages and closes of arable and pasture land, formerly formed part of a copyhold estate (Z) known as " Browns Living" namely : — Two cottages, with gardens belonging to each of them, except a part of the garden now forming part of the field mentioued in para- gi-aph of this my declaration, situate on the west side of, &c., formerly consisted of a farm house and buildings, yard, garden, orchard and small plot or paddock (m), called '' Browns Living,'' containing altogether, &c., or thereabouts, and delineated, &c. {as above). 18. That a long strip of arable, formerly heath land, feet wide, or thereabouts, called " Eunts" containing, &c., or thereabouts, running in a straight line, in a southerly direction, from the south- west corner of the last-mentioned field, and along the west side of the hedge which divides the said strip from a field called " Brown's," hereinbefore mentioned, is that delineated, &c. {as ahove). 19. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of " The Statutory Declarations Act, 1835." (Signature.) SuBSCKiBED and Solemnly declaeed by the above-named {decla- rant) at D., in the county of K., this day of , 18 — . Before me, A. B., A commissioner to administer oaths in the Supreme Court of Judicature. Filed on behalf of . No. CXCIl. In Support of Marital Identity and Lineage. In the, &c. {as in the 'preceding form). I {the declarant), of, &c., gentleman, do hereby solemnly and sincerely declare : — 1. That I am upwards of years old, and came to reside at W., aforesaid, in the summer of the year 18 — ; 2. That the Reverend C. R. was then, and for many years after- wards, one of the ministers of the church there, and was also, during that time, resident at G., which adjoins the said parish of W. ; 3. That I knew and was well acquainted with the said C. R., and with Ann, his wife (now deceased), formerly A, D., spinster, from the fact of my having been on visiting terms with them, from shortly after the time of my coming to reside at W. aforesaid till the time of their respective deaths ; 4. That I am the sole acting trustee under the will of the said C. R.; Q) Or, — living. {m) Or, — homestead. 144 PRACTICAL FORMS. 5. That wlien I first knew the said C. E., and Ann, his wife, they were living together as man and wife at G., aforesaid ; and that, during their residence there, they had three daughters, namely, Ann, the eldest, who married Sir J. VV., late of, &c.. Knight, deceased, and who since his death has intermarried with, and is now the wife of S. T., of, &c., Esquire ; — Mary, the second daughter, who is married to C. D., of, &c.. Esquire ; — and Caroline, who resides at the city of B. and married G. L., late of, &c., Esquire, who died several years ago without issue, and whose widow she still remains ; 6. That I have never heard that the said C. K. and his wife ever had, and to the best of my knowledge and belief, they never had any other child or children than the three daughters above named : — And I make this solemn declaration, &c. (as in the 'preceding form). Subscribed and Solemnly declaked, &c. {Signature.) (as in the preceding form). Filed on behalf of . No. CXCIII. In Support of Pedigree. In the, &c. (as inform No. cxci.) I (the declarant), of, &c.. Gentleman, do hereby solemnly and sincerely declare : — 1. That I am now years of age, and upwards ; 2. That I have resided at (n) W., aforesaid, which is distant miles from " H.," in the parish of " W.," in the said county of " D.," during the whole of my life ; 3. That, to my knowledge, for a great many years previous to the time of tlie death of H. VV., who died in the month of one thousand eight hundred and , he and his ancestors had [lived and] resided at their family mansion at H., aforesaid, as the proprietors thereof, as appears by title deeds now in my possession [which came into my possession in consequence of my being employed by the said H. W. and his family as their solicitor, and which I now hold as solicitor for the committee of the lunatic next hereinafter men- tioned (o)]. 4. That I very well knew, and was well acquainted with the said H. W., late of that place, Esquire, deceased [having for many years acted as his solicitor (o)\ ; And that he and the late Reverend J. W., M. A. W., C. W., and A. \V., a lunatic, were the only sons and daunfhters of H. W. and D., his wife, whose maiden name was G. ; 5. That I well remember the said H. W. and D., his wife, living (n) If so, — and in the neighbourhood of. (o) The jKiit i>l' tliis clause williin brackets can, if preferred, be made the subject of a substantive clause in the latter part of the declaration. PRACTICAL FORMS. 145 together {p) as man and wife for many years at IT., aforesaid ; and, as long as 1 can remember the said family, the estate at II., consist- ing of a mansion, domestic offices, coach-houses, stabling, outbuild- ings, yards, gardens, and divers farms, lands, and hereditaments at H., aforesaid, and in the adjoining parish of D., were held and en- joyed by the said H. W., in his lifetime, and in succession by the said H. W., his son, during his lifetime {q), 6. That I verily believe the said H. W., who married D. G., was the son of K. "W., formerly of, &c., Esquire, who died in the year one thousand eight hundred and ; 7. That I verily believe the said E. W. (the father of the said H. W., who married D. G.), married A., the daughter of Sir J. T., formerly of E., in the county of B., and afterwards of K., in the county of S. ; 8. That the said E. W. was buried [in the family vault] at H., aforesaid, on the day of , one thousand eight hundred and ; and the said A., his wife, was also buried there, on the day of , one thousand eight hundred and (r) ; 9. That there were several children, issue of the marriage between them, the said E. W., and A., his wife, the eldest of whom was a daughter baptized at H. by the name of " j\I " ; 10. That she, the said M., first married S. P., who was afterwards called " M. P.," and, after his death, she married T. T. of, &c., esquire, who died in the year one thousand eight hundred and , and was buried there on the day of , in the same month ; AND that the said M. T. died in the year one thousand eight hundred and , without having had issue by either of her said husbands, and she was buried at H. aforesaid on the day of , in the last-mentioned year ; 11. That the second child of the said E. W. and A., his wife, was named " T ," and he married B. G., daughter of W. G., then of, &c., esquire ; 12. That there were several children of the last-mentioned marriage, namely, E. T. W., G. J. W., and 0. W., all of whom, save one, the said W., died infants (s) ; 13. That I knew and was well acquainted with the said C. W., one of the sons of the said T. W., and B., his wife ; and that he the said C. W. died a bachelor in the month of , one thousand eight hundred and ; 14. That I also knew and was well acquainted with the said Eeverend J. W., the second son of the said H. W., and D., his wife ; (p) Or, — cohabiting. {q) Or, — were held and enjoyed by the said H. W. and H. W., his son, successively, down to the time of their respective deaths. (r) If the declarant should bo unable to depose to these matters absolutely as facts, here add — as appears by the records thereof on the family tombstone — or, grave- stone — or, monument — in the church — or, churchyard at H. aforesaid — or, that there is a monument in the said church of H., aforesaid, erected to the memory of the said E. W. and A. his wife, on which is recorded as follows (Jitre copij the inscription). (s) Or, — under the age of twenty-one years. L 146 PRACTICAL FORMS. And that he the said J. W. also died a bachelor, in the month of ^ one thousand eight hundred and ; 15. That H. W., the father of the before-mentioned lunatic, was called, and in the certificate of the baptism of the said A. W. is described by the christian name of " Harry " ; 16. That the christian name of " Harry " was introduced in the certificate of the baptism of the said A. W., the said lunatic, by mistake ; 17. That the said H. W., named and referred to in the said certificate, was the said H. W. last above named ; 18. That I have been informed, and now verily believe it to be true, that M. A. W., the daughter of the said H. W., and sister of the said A. W., the lunatic, and who married It. W. B., the son of W. B., of, &c., esquire, had issue only one child, namely, M. B., who was baptized at B., in the county of D., in the month of , one thousand eight hundred and ; 19. That I have been informed and now verily believe that C. W., another of the daughters of the said H. W. by D., his wife, died many years ago without ever having been married ; but, although I have made very diligent search and inquiry for, I have not been able to ascertain the place of her burial, or, consequently, to procure a certificate of her burial ; 20. And I make this solemn declaration, &c. {as in p. 143). SUBSCKIBED and SOLEMNLY DECLAEED, &C. (aS in p. 143). Filed on behalf of No. CXCIV. Another Form. In the, &c. {as in form No. cxci.) 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 ei"-ht 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 ; 8. 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, &c., Grocer, his eldest legitimate son and heir-at-law, him snrviving ; 4. And I make this solemn deiJaration, &c. {as in p. 143). (Subscribed and solemnly declared, &c. {as in p. 143). Filed on behalf of PRACTICAL FORMS. 147 No. CXCV. Of Seizin. In the, &c. {as in form No. cxci.) 1 (the declarant), of, &c., Yeoman, being now of the age of years or thereabouts {t), do solemnly and sincerely declare : 1. That I had, previously to the year 18 — , a period of years and upwards, open, known, undisturbed and undisputed possession of a dwelling-house with the outbuildings and garden thereunto ad- joining, called " ," situate at, &c., and now in the occupation of A. B., and sold and conveyed by me to him by indenture, bearing date, &c. ; 2. That I always understood, and never having heard the contrary, now verily believe that the said premises were vested in my father, C. D., late of, &c.. Yeoman, deceased, as freehold under a possessory title of years and upwards (u) ; and that no adverse claim was ever made thereto in his lifetime ; 3. That I never paid, and («), to the best of my knowledge and belief, my said father never paid any rent or equivalent for the said premises or made any other acknowledgment of title to any person or persons whomsoever thereto; but, on the contrary, I have often heard him declare that no other person than himself had any right or title to the said premises or any part thereof. 4. And I make, &c. {as in jp. 143). Subscribed and solemnly declaeed, &c. {as in p. 143). Filed on behalf of No. CXCVI. Of Marriage. In the, &c. {as inform No. cxci.) I {the declarant), of, &c.. Grocer, do solemnly and sincerely declare : — 1. That I have always understood, and have now no reason to doubt, that my father, A. B., on the day of 18 — , being then a bachelor {ij), intermarried with my mother, S. S., who was then a spinster {z), residing at, &c. {stating the place), and a daughter of A. S. of that place, Draper ; And that the marriage referred to in the certificate hereunto annexed and marked with the letter " A," (0 Or, — upwards— o?-, on my last birthday. (i() Or, — under the will of my grandfather; but the title deeds relating thereto were lost or destroyed. (x) And (//■ so) I have always heard — or, understood— and now verily believe my father, &c. (^as above). (y) Or, — widower. (2) Or, — widow. l 2 148 PB ACTIO AL FORMS. is, to tlie best of my knowledge, information, and belief (a), the marriage of my said father and mother ; 2. That my said parents had a daughter (h) named S., who [as I have also heard and verily believe] was born on or about the day of 18 — , at, &c. (statitig the jplace) ; And that the baptism referred to in the paper writing hereunto annexed and marked with the letter " B," purporting to be a certificate of her baptism, is, to the best of my knowledge, information, and belief, the baptism of my said sister S. ; 3. That my said parents had a son (c) named T., who [as I have likewise always heard and now verily believe] was born on or about the day of 18 — , at, &c. ; And that the baptism referred to in the paper writing hereunto annexed and marked with the letter " C," purporting to be a certificate of his baptism, is, to the best of m'y knowledge, information, and belief, the baptism of my said brother T, ; 4. That my said sister S. died on or about the day of , 18_, at, &c. {stating the place), a spinster, and intestate, leaving my said elder brother T., now of, &c., grocer, her heir-at-law ; my said parents having both died in her lifetime; And that she, my said sister, was buried in the churchyard at, &c. (stating the place) (d). 6. And I make this solemn declaration, &c. {as in p. 143). SUBSCKIBED and SOLEMNLY DECLARED, &C. {aS in p. 143). Filed on behalf of . No. CXCVII. Another Form. In the, &c. {as inform No. cxci.) I {the declarant), of, &c., Grocer, aged about years, do solemnly and sincerely declare : — 1. That my brother A. B. of, &c., tailor, now deceased, was married to E. D., of, &c., spinster, a daughter of W. D. of the same place, farmer, at the parish church (e) of D. aforesaid on or about the day of 18 — ; and that from that time, with the exception about • months, down to the day of the death of my said brother, which happened on the day of 18—, I never resided out of the town of D. aforesaid, and only a short distance from him, except as aforesaid ; (a) The declaration should be in positive language whenever the facts will admit (i\ Or, an only daughter — or, one daughter, and no more, and that her name was S. /(.■) o,.^_one son only — or, one son, and no more ; and that his name was T. ((^) Or, in the churchyard belonging to Saint Luke's (or other) church, at, &c. — or, at the Ke'nsal Green {or other) Cemetery— o/', at the cemetery at Woking, Surrey ((is the case may he). (e) Or, at church at, &c.—or, at the Dissenting — or, Wesleyan — nr, other chapel, at! &o.— or, by the Kegistrar for marriages for the district of B., at his office at D. aforesaid. PRACTICAL FORMS. 149 2. That the only issue of the said marriage was four chiklren, namely, William, Fanny, and two others, who were not baptized, one of them (the first, a female) having been stillborn, and the other of such last-mentioned two children (a male) having lived only a few days, was interred in the same coftin as his mother at D. aforesaid. The said William and Fanny both died in infancy [qviite young] and were likewise buried at D. aforesaid ; neither of them having attained the age of years. 3. And I make this solemn declaration, &c. {as in 1% 143). Subscribed and solemnly declaeed, &c. {as in p. 143). Filed on behalf of . No. CXCVIII. Another Form. In the, &e. {as inform No. cxci.) I {the declarant), of, &c., Grocer, do solemnly and sincerely declare : — 1. That I was married to C, the daughter of A. B. late of, &c., maltster, at the parish church (/) of D. aforesaid on the^ day of 18 — ; and that we are the same persons as the T. B. and C. B. named in the paper writing marked " A " now produced and shown to me {g) and jnirporting to be an extract from the register of marriages for the said parish of D. {h). 2. And I make this solemn declaration, &c. {as at p. 143). Subscribed and Solemnly declared, &c. {as at p. 143). Filed on behalf of . No. CXCIX. For Verifying a Certificate of Baptism. In the, &c. {as inform No. cxci.) I {the declarant), of, &c.. Gentleman, do solemnly and sincerely declare : — 1. That the paper writing hereunto annexed, marked "A," contains a true extract {i) from the Eegister of Baptisms for the parish of W. in the county of D., so far as the same relates to the entry of the baptism of A. B., I [this declarant] having [this day] carefully examined and compared the same with the said original register. (/) Or,— at church at, &c.— or, at the Dissenting— or, Wesleyan— or, other chapel, at, &c. — or, by the Registrar for marriages for the district of B., at his office at D. aforesaid. (,y) Or, — produced and shown to me at the time of making this my solemn declara- tion. (/i) Or, — for the district of B. aforesaid. (0 See p. 151, n. (/). 150 PRACTICAL FORMS. 2. That I knew and was personally and well acquainted with the said A. B. for many years prior to his death, and that he is the same identical person and the person described as A. B. of, &<\ {stating the exact description) in the books of the Governors and Company of tlie Bank of England. 3. And I make this solemn declaration (as in jp. 143). Subscribed, &c. {as in p. 143). {Signature.) Filed on behalf of • . No. CC. Another Form. In the, &c. {as in form No. cxci.) I {the declarant), of, &c., Grocer, do solemnly and sincerely declare : — 1. That I know and am well acquainted with A. B., of, &c., draper, and M. his daughter, by C. his wife, and I believe the said M. is now of the age of years and upwards ; And that the certificate hereunto annexed and marked with the letter "A," purporting to relate to the baptism of the said M., relates, in fact, to the baptism of M. the said daughter of the said A. B., and 0. his wife ; 2. That I know and am well af^quainted with T. B., of, &c., draper, son of the said A. B. and 0. his wife ; and I believe the said T. B. is now of the age of years and upwards ; And that the certificate hereunto annexed and marked with the letter "B," purporting to relate to the baptism of T. B., relates, in fact, to T. B. the said son of the said A. B. and C. his wife (h). And I make this solemn declaration, &c. {as in p. 143)." Subscribed and solemnly declared, &c. {as in p. 143). Filed on behalf of . {Signature.) No. CCI. Another Form ichere the Original Register is lost. In the, &c. {as inform No. cxci.) I {the declarant), of, &c.. Gentleman, do hereby solemnly and sin- cerely declare : — 1. That the paper writing hereunto annexed, marked "A," con- (/,•) If further identity pli'mld ho required, here can he added — Axn that he is the same identical person as the A. B. who is one of the trustees named and appointed in and by the will of W., heretofore of, &o., Yeoman. PRACTICAL FORMS. 151 tains a true copy of or extract from the Ecgister (Z) of Baptisms in the parish of 0., in the county of W., so far as the same relates to the entries of the baptism of M. and C, the son and daughter of C. P., deceased ; I, this deponent, having [this day] carefully ex- amined and compared the same with the said Original Kegister Book {I). 2. That I knew and was well [and personally] acquainted with the said M. P. {tlie son) [deceased] [and his family] ; and that he is the same identical person as the M. P. named in and as one of the executors of the will of his father C. P. (or other imson), late of, &c., Grocer, deceased. 3. And I make this solemn declaration, &c. {as in p. 143). Subscribed, &c. {as in j;. 1-13). {Signature.) Filed on behalf of . No. CCII. Of the Register of Births hy an Elder of a Dissenting Congregation. In the, &c. {as inform No. cxci.) I {tJie declarant), of, &c., Grocer, being an Elder (m) of the Christian Cono-regation (n) assembling at Meeting-house in U. aforesaid. Do solemnly and smcerely declare : — 1. That I have in my custody, as such elder (m) as aforesaid, a Register of Births of the children of the members of the said con- gregation ; and that I, as the duly appointed officer for that purpose, have kept and made all the entries of such births in the said Register for years [and upwards] last past. 2. That I knew and was well acquainted with A. B., late of, &c., Grocer, and S. his wife, formerly S. D., spinster, both now deceased, and buth of whom were members of the said Congregation, for about years previous, and up to the time of the decease of the said A. B. (o) 3. That about years ago the said A. B., being desirous of having the births of his children by the said S. his wife registered in the said Register, delivered to me a list of their respective names, and dates of their births, for that purpose, which list, afterwards de- (0 If the register should be lost or destroyed, as is sometimes the case in country parishes, and only a copy of it is found, the declaration must be varied accordinii;ly by inserting here — the book purporting to contain the register— or, purporting to be a copy of the register - and then add — That I carefully examined and compared the said copy or extract with the said register — or, parish copy of the said register— at the house of the Rev. G. C, the rector of the said parish ; and that he [the said G. C] informed me that the original registers for the said parish [of P.] had been some time since— cr, as he had been informed, many years ago were— stolen from the church, and that the book from which the said copies or extracts before referred to were taken, had been afterwards recovered in the mutilated state in which it was when I so examined it as aforesaid : (m) Or, — deacon {or other officer). (n) Or, other sect, stating their title. (o) Or other definite period. 152 PBACTICAL FORMS. stroyed, was to the best of my belief wholly in the handwriting of the said A. B., and was in the words and figures following, as literally and faithfully transcribed by me therefrom directly (p) into the said Register, namely \]iere copj the Register verbatim]. 4. That I verily believe that the said A. B. never had any other children by the said S., his wife, than those mentioned in the above- written extract ; and that the word " " appearing against the name " " was so written and placed in tlie otiginal list so delivered to me [by the said A. B.] as aforesaid. 5. That I verily believe C. B,, late of, &c. [but now of, &c.], Grocer, is, &c. (see previoiis forms), G. B. of, &c., Draper [Here similarly describe the other children] ; and that the said J. B. died in infancy, and S. married W. P. of, &c.. Grocer, and that neither of the other said {q) children have been married. 6. And I make this solemn declaration, &c. {as in p. 148). Subscribed and solemnly declared, &c. (as in p. 143). (Signature.) Filed on behalf of . No. CCIII. In Proof of Heirship. In the, &c. (as in form No. cxci.) I (the declarant), of, &c.. Gentleman, do solemnly and sincerely declare : — 1. That, being retained by, and acting as the solicitor and agent for and on the behalf of A. B., of, &c., Grocer, and Susan his vvite, C. D., of, &c.. Draper, and Adela his wife, to enforce a right which the said Susan and Adela claimed to be entitled to as co-heiresses at law of E., the late wife of E. F., late of, &c., Tailor, deceased, to certain lands, hereditaments, and premises, situate and being at, &c., late in the occupation of the said E. F., deceased, I lately made and caused to be made minute inquiries of various aged persons and others residing at M., and elsewhere in and about that neighbourhood, with a view of tracing out and ascertaining the place, or supposed place, where the marriage of one W. F., the elder, formerly of, &c., Draper, with C., his wife, was solemnized, in order to obtain a certificate thereof in support of such claim, and the pedigree of the said Susan and Adela as such co-heiresses at law as aforesaid ; 2. That from intbrmation I obtained in the course of such en- quiries, it appeared the said marriage must have taken place some time between the years 17 — and 17 — ; and that, from the best information I could collect, the said parties were in all probability married at one or other of the following places, namely, {iiaming them) all situate and being within the said county of K. ; (/() Or, — on the day of the date appearing thereon, namely (if one) on the day of 18 — , or, shortly afterwards. (7) '^^'j — female. PRACTICAL FOBMS. 153 3. That in pursuance of such information, and between the said — and — davs of hist past, I ai)plied for and obtained access to the different registers of marriages kept in and for the several parishes or places aforesaid, and I diligently and carefully searched and examined the same respectively between the said years of 17 — and 17 — , fur the marriage of the said \V. F. and C, his wife, but was unable at either of such places to trace or discover any record or entry thereof whatever : 4. And I make this solemn declaration, &l*. {as in j:>. 143). Subscribed, &c. {as in p. 143). {Signature.) Filed on behalf of . No. CCIV. Of Identity/ and Age. In the, &c. {as in form No. cxci.) I {the declarant), of, &c., Grocer, do solemnly and sincerely declare : — 1. That I am years of age, and have always resided in the said parish (r) [of D.] and was well (s) acquainted with A. B., late of the same place, Diaper {t), deceased ; and that I know he sur- vived his brother {u) W. B., late of, &c., Maltster, and died on or about the — ■ day of , one thousand eight hundred and , leaving sons, namely, G. B., the eldest, of, &c.. Druggist {x), and J. B., of, &c., Stationer. 2. That I have known both the said G. B. and J. B. from their childhood, and am therefore quite certain that the said G. B. is upwards of years older than his said brother J. B. 3. And I make this solemn declaration, &c. {as in p. 143). Subscribed and solemnly declared, &c. (as in p. 143). {Signature.) Filed on behalf of . No. GOV. As to Age (for an Assurance Society). I {the declarant), of, &c., Grocer, do solemnly and sincerely declare : — 1. That I am now of the age of years and upwards, and have known {y) and been well acquainted with the parents of A. B. (whose (r) Or, — town — or, city. (s) Or, — intimately acquainted. (0 If requisite, here add — who married E. G,, a daughter of S. G,, of, &c., Merchant. (it) Or, — mother — or, sister (or other relatioii). (.t) If necessary, here add — who married (as above, n. (<)). (//) When the declaration is made by the person proposing the assurance, the 154 PRACTICAL FORMS. life is, as 1 am informed and believe, proposed to be assured by a policy of " The Assurance Society,") as well as himself from his childhood. 2. That I have many times heard his parents state that he was born at D., in the comity of E., in the month of , in the year one thousand eight hundred and ; and never having heard the contrary, I verily believe the same to be true. 3. That his sister, now deceased, was reputed to be, and as I have also heard his parents state, and now verily believe, was about years younger than himself, and she would, if living, in the month of next, be of the age of years ; and_ I have, therefore, always considered and believed, and still consider and believe that the said A. B. will be of the age of years on his next birthday. 4. And I make this solemn declaration, &c. (as in p. 143). Subscribed and solemnly declaked {as in p. 143). {Signature?) No. CCVI. By a Declarant as to his own Age. I {the declarant), of, &c., Grocer, do solemnly and sincerely declare : — 1. That to the best of my knowledge, information, and belief, and according to what I have always heard {z) and understood in my family, I was born at H. in the county {a) of B. on or about tlie day of , one thousand eight hundred and ; and that I shall not, consequently, attain the year of my age until my next birthday. 2. And I make this solemn declaration, &c. {as in p. 143). Subscribed and solemnly declared, &c. {as in p. 143). {Signature.) No. CCVII. That a jxirticular Person is still living. In the, &c. {as inform No. cxci.) I {the declarant), of, &c., clerk to D. D., of the same place, solicitor, d ) hereby solemnly and sincerely declare : — 1. That I know and am very well acquainted with {the annuitant or other party) of, &c., a retired Draper ; and that 1 veiily believe he form must, of course, be varied accordingly, but it will require only slight alteration. Some offices, however, provide their own forms. (2) Or, — heard my parents say. ('() Or, — city — or, village. PRACTICAL FORMS. 155 is now alive, having seen and conversed with him this day {h) 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 declaration, ttc. {as in p. 143). Subscribed and solemnly declaked, &c. {as in p. 143). Filed on behalf of {Signature.) No. CCVIII. Of Identity of Persons. In the, &c. {as inform No. cxci.) I {tlie declarant), of, &g., Gentleman, do solemnly and sincerely declare : — 1. That I knew and was well af^quainted with H., the wife 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 (c) ; 2. That the said H. W. died in or about the month of , IS — , in childbed {d) ; 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 (e) ; 4. That from the intimacy which subsisted between me and the 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. havinix died without other lawful issue, and of the said J. W. having, after her death, married again, and had children by a s3cond wife whose maiden name was J. J\., and who before the marriage resided at VV. aforesaid. 5. xVnd I make this solemn declaration, &:q. {as in p. 143). Subscribed and solemnly declared, &c. {as in p. 143). Filed on behalf of {Signature.) (h) Or, — yesterday, being the day of instant— o;-, on the day of instant — or, last. ((■) 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, &o. (d) Or, as the case may be. (e) 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 — or, days only {as (he case niay be). 156 PRACTICAL FORMS. No. CCIX. Of Searches for Evidence in Support of a Pedigree. In the, &c. {as in form No. cxci.) 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 havinp: 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. That 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 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 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 [here copj them literally^ ; and I verily believe such inscriptions relate to and describe the said J. S. the elder and E. his 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 PRACTICAL FORMS. 157 son W. aforesaid, and I well recollect that tliis was in the year 18 — , from the circumstance {here 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 \]iere name them], and that S., one of such daughters, married J. B., of, &G., Artisan ; 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. ; 1-1. 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 \V. 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, &c., esquire ; 17. That the said J. S. the younger died in the lifetime of his brother the said W. 8., the purchaser of said farm and lauds at N., leaving three sons, named R., S., and T. ; 18. That the said R. S. was the eldest son of the said J, tS. the younger, and died in or about the year 18 — , leaving daughters, namely (state them), and that the said D. S. married S. R., of, &c., Butcher, and to the best of my remembrance and belief, died and was buried at M. aforesaid about years ago ; And I make this solemn declaration, &c. (as in jx 143), Subscribed aud solemnly declaued, &c. (as in i). 143). Filed on behalf of . {Signature.) No. CCX. Another Form. In the, &c. (as inform No. cxci.) I (the declarant), of, &c., Maltster, do solemnly and sincerely declare : — 1. That I am aged about years, and, to the best of my 158 PRACTICAL FORMS. ' recollection and belief have 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 sous, 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 names] ; 4. That I attended at 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 them ; 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 having: 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, &c.. Yeoman ; 10. That at the time of the death of my said father, my uncle W. S. was his eldest brother ; 11. That my said uncle W. purchased of one J. G., of, &c.. Esquire, the farm and lands, &c. [here describe the property 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. That her said husband, the said W. N., died on or about the day of now last past, and was also buried at N. aforesaid : And I make this solemn declaration, &c. {as in p. 143). Subscribed and solemnly declared, &c. (as in p. 143). Filed on behalf of . (Signature.) PRACTICAL FORMS. 159 MARRIAGES. v (Jn support of the foregoing declarations.') No. in Pedigree. Date. Names. Description. 1 Oct. 7th, 1769 Joseph Styles and Son of Joseph and Edith Jane Stone Styles. 1 Nov. 8th, 1789 William Styles and Amelia Jones Son of Do. 8 June 16th, 1790 Stephen Styles and Mary Green Son of Joseph and Jane Styles. 9 Aug. 6th, 1810 William Noakes and Daughter of AVilliam and Elizabeth Styles Amelia Styles. 10 May 12th, 1811 Samuel Pike and Daughter of Stephen and Dorothy Styles Mary 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, 1836 Henry Foot and Caroline Adams, widows Daughter of Do. BAPTISMS. No, in Pedigree. Date. Christian Name. Description. 1 1 1 1 1 2 3 4 4 5 6 7 March 9th, 1749 June 14th, 1750 Nov. 18th, 1752 May 5th, 1771 Feb. 5th, 1791 April 16, 1793 Aug. 18th, 1795 June 16th, 1797 July 16th, 1799 Jan. 18th, 1813 Sept. 11th, 1815 Aug. 5th, 1816 Joseph Joseph WUliam Stephen Betsy, otherwise Ehzabeth Caroline Dorothy Adela Susan Louisa Richard Fanny Son of Joseph Styles and Edith Styles. Do. Do. Son of Joseph and Jane Styles. Daughter of William and Amelia Styles. DauL!;liter of Stejiheu and Mary Styles. Do. Do. Do. Daughter of Samuel and Dorothy Pike. Son of Do. Daughter of Do. 160 PBACTICAL FORMS. BUEIALS. No. in Pedigree. Date. Names. Description. 1 June 8tli, 1796 Charles Son of William and Amelia Styles. 1 Jan. 2nd, 1800 Edith Wife of Joseph Styles, the elder. 1 April 19th, 1801 Joseph Son of said Joseph and Edith. 1 Sept. 3rd, 1803 Joseph Styles 'J 'he Elder. 15 Nov. 11th, 1814 William Styles His Son. 16 Nov. 16th, 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 Wilham Styles. 20 Dec. 11th, 1844 John Adams First husband of Caroline Styles. 1 March 3rd, 1855 Stephen Son of Joseph and Jaiie Styles. 21 Feb. 12th, 1857 Samuel Pike Husband of Dorothy Styles. 19 May 15th, 1861 Elizabeth Wife of William Noakes. 22 June 14th, 1876 William Noakes Her Husband. No. CCXI. 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 mortfrage, already prepared and ingrossed, and intended to bear date on the day of my making this declaration, and made, &e., whereby a certain dwelling-house, &c. {here describe the i:)roi3erty shortly, hut so that it might he easily identified ivith that in the mortgage (/)), 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 {g), free from all charges and in- cumbrances, rights, proceedings, and claims whatsoever {h) ; ( y) r>?-, — land and hereditaments comprised in the Schedule contained in — or, annexed to the said mortgage. (,'/) Or,— for my life— or, the life of A. B. (li) If subjert to any charge nr incuiiibrance, here add — except an annuity of pounds payable to A. B. — or, except a sum of pounds thereon, and payable to A. B. on the death of C. D. PRACTICAL FORMS. IGl 3. That the title dee Is and documeuts now in my possession and inteuiloil to be delivered to the said {mortgagee) on the execution of the said mortgage are all the title deeds, documents, and evidences I now have or ever had [or ever lieard of] relating to the title to the said premises, and aie, as I verily believe, all tliat 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, &e. {as in p. 143). ^Subscribed and solemnly declared, &c. {as in p. 143). {Signature.) No. CCXII. Of the Signing of a Notice of Dissolution of Partnership. I {the declarant), of, &c.. Gentleman, do solemnly and sincerely declare : — 1. That I was present on the day of , instant, and did see {the partners) of, &c. {{) {describing 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. 1'hat the names " {the names exactly as signed) " severally subscribed thereto are of the respective proper handwriting of the said {partners, repeating their names — not 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 p^ 143). Subscribed and solemnly declared, &c. {as in p. 143). {Signature.) No. CCXIII. Of Execution of a Deed for changing a Surname (F). 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 fbrm of law deliver the deed or instrument {I) (t) If they sign on separate days, say^did see {one partner) of, &c., Grocer, sign, &c. {r.oiitlnuiiig to the end of this para(jruj)h,and then jirvccKl tcilh afresh one) — Til AT I was also present on the day of , instant, and did see {Ihe other partner) of, &c., Grocei", likewise sign the said paper writing hereunto annexed; and that the names (as signed) severally subscribed thereto, are, &c. (us above). (k) Stamp, 2s. 6d. (I) If engrossed on paper, here add, or, — paper-writing. For a deed see next form. M 162 PRACTICAL FORMS. hereunto annexed and marked with the letter " M," and bearing date the [said] day of , instant ; 2. That the name "A B M " (m) 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 " " (ii) set or subscribed thereto as the persons attesting the due execution thereof, are of the respective proper handwriting of the said G. S. (o) and of me the said \declarant) ; 3. And I make this solemn declaration conscientiously believing the same to be true, &c. {as in p. 143). Subscribed and solemnly declaeed, &c. {as in p. 143). {Signature.) DEED POLL. No. CCXIV. For Changing a Surname (p). 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. {q), of, &c., Grocer, and now or lately called A K (r), for and on behalf of myself, and my heirs lawfully begotten, Do hereby (s) wholly, absolutely and utterly renounce, relinquish, and abandon the use of my said surname of E., and Do assume and adopt and deter- mine to take and use, from the day of the date hereof, the surname of B {t) in lieu of, or substitution of my said surname of E : And, for the purpose of evidencing such my determination, I do hereby declare that 1 shall, at all times hereafter, in all records, (to) Here insert tlie name exactly as signed. (n) Here insert the names exactly as signed, whether long or short. (o) Here insert the name in full. (p) This deed must be stamped with a deed stamp,— be acknowledged before a Master or Commissioner, — and be inrolled in the Central Office of the Supreme Court. For which purposes there must be a declaration of its due execution, referring to the deed as an exhibit. See ]irevious form. This exhibit must be written in the margin of it. In order to give it greater effect by making it and the change notorious, notice (see^os^, title "Notices") of it should be given in the Gazette, in the Times nev/spaper, and in the local papers where the party changing bis name is generally known ; but the Gazette and Times are not indispensably necessary. (q) Here insert the assumed name correctly. (r) Here insert the exact name and description by which he was previously kno-\vn. If the residence has been lately chanticd, licre add— but late of, &c. — or, lately resid- ing at D. in the county — or, city— of W. ; and, if so, — being — or, lately being — one of the partners in the firm of A. B. and son, carrying on the business of Merchants at D. aforesaid (o;-, as the case inay he, fur the inir pose of identity). (.s) If it is intended to add and substitute another name, omit the subsequent Avords down to the word " assume," and then proceed as above. (0 If the name be added, here substitute— in addition to— instead of " in Ucu of, and substitution for." PRACTICAL FORMS. 163 deeds, docnmentp, and other writings, and in all actions, suits, and proceedings [both civil and criminal J as well as in all dealings and transactions, matters and things whatsoever, upon all occasions use and subscribe the said name of B as my principal surname (u) in lieu of, and in substitution for the said surname of E , so relinquished as aforesaid ; and so that I, and my heirs lawfully be- gotten, may, not hereafter, be called, known, or distinguislied by the said surname of R (y), but by the surname of B only ; And I therefore hereby expressly authorize and require all and every person and persons whomsoever, at all times, to designate, describe, and addi-e^s me, and my heirs lawfully begotten, by such adopted surname of B , and of B only (^w), accordingly. In witness whereof I have hereto subscribed my christian name of A. and my adopted and substituted surname of B (x), this day of 18 — . Signed, sealed, and delivered by i\ie\ {Signature as above-named A. B. (being his adopted name {ij)) I adopted, and in the presence of J seal.) (2 Witnesses.) DEMANDS. No. CCXV. On Plaintiff's Solicitor to state whether Writ was issued hy ■ him or with his Authority (z). 18— — , No. . 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, and on which writ is indorsed a statement, that the same was issued by you, as the above-named plaintiff's solicitor. On behalf of the defendant I («) If the name be added, not substituted, here insert — in addition to my said name of R. — instead of " in lieu of and substitution for." (v) Or, if additi( mal — by the said surname of " Roe-Buck " — oi-, of R and B , and so as tliat the name of " Buck " may be deemed to be my last and principal sur- name. (w) Or, if so, — surnames of " Roe-Buck " — or, of " R and B " only. (.r) Or, if s(i, — my original name "Roe " and my adopted additional surname " Buck " as " Roe-Buck "—or, " R and B ." (y) Or, if a name be added — A. Roe-Buck (being his original and adopted sur- names). (2) See Rules of Supreme Court, 1883, Ord. 7, r. 1 ; and for the declaration in answer to this demand, see Form No. CLXVII., p. 126. M 2 164 PRACTICAL FORMS. demand of vou 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, &o. {Signature) (h). To Me. (a). No. CCKVI. F'or Statement of Names and Residences of Persons Constituting the Plaintiff Firm (c). 18—, _, No. — In the High Court of Justice, Queen's Bench Division (d). Between & Co., Plaintiffs, and , Defendant (e). Sir, On behalf of the above-named defendant (/), 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 (g). Plaintiffs' solicitor (h). No. CCXYII. To Debtor for Payment. {Place.) {Bate.) Sir, I am instructed by IMr. A. B., of D., Grocer, to apply to you for the immediate payment of £ due from you to him ; and to (a) The solicitor whose name is indorsed on the writ. (6) Signature of defendant's sohcitor. But if the demand is made by the defendant himself, the wording must be altered accordingly. (c) See Kules of Supreme Court, 1883, Ord. 7, r. 2. (d) Or, as the case may be. (e) Or, — defendants. (/) Omit this tirst sentence if the demand is made by a defendant himself, and if the demand is made by one of several defendants, say — I {name) one of the above- named defendants reqtiire you, &c. — or, if the demand is made by the solicitdr of one of several defendants, say — on behalf of the above-named defendant (name) I require you, &c. (.7) 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. PRACTICAL FORMS. 165 in form you that, unless the same be paid to me on or before the instant, proceedings will be commeiicrfd against you for the recovery thereof, without further notice. Yours truly, {Signature.) To Mr. {the debtor). {address.) No. CCXVIII. Same — Peremptory, {Place.) {Bate.) Sir, Having received no rrply to my letter o'' the instant {i), requiring payment of £ due to Mr. , I have now to inform you that, unless the amount be remitted to this officn {k), by return of post, proceedings will positively be taken for the recovery of it, without further application (Z). To Mr. {the debtor). {address) I am, sir, Your obedient servant, {Signature.) No. CCXIX. Same — Final. {Place.) {Date.) Sir, The applications I have made for payment of £ , appearing by the books and stateir.ents 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 (7»), but I hope you will avoid the costs of t>U('h proceedings by attending to this [final] notice. Yours truly, {Signature.) To Mr. {the debtor). {address.) (0 Or — ultimo. {k) Or, — these Cham'bers. (?) Or, — further notice. {in) Or other court — or — ia cases of baiikruplcj^ — to take proceedings in bankruptcy. 166 PRACTICAL FORMS. No. CCXX. On behalf of a Trustee or Executor for Payment of a Debt being part of the Trust Estate. {Place.) {Date.) Sir, I am instructed by the trustee {n) 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 (o), 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. {Signature.) {address.) No. CCXXI. Offering a Fragmental Estate to Creditors before presenting a Bankruptcy Petition. {Place.) {Date.) Gentlemen, Mr. A. B. [latej, of, &c., Draper, having had the whole of his property suddenly seized and taken from him under accumulated legal proceedings {p), is now left without the means either of sub- sistence {q), 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 that 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 ; but 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 (r). But, before taking any steps to accomplish such an arrangement, it will be necessary to know if the creditors at large will consent to accept the dividend, whatever it might be ; for it would be as useless as it would be improper to attempt to realize a fund by (n) Or, — the executor of the will of Mr. A. B., late of D., Grocer, deceased, to collect the debts due to him. (o) Or, — send to my office the amount appearing to be due, &o. (p) Or, — losses. (licd. (e) Or, — by each of you. (/) Or, — either of you. (7) Or, — each or one of you. (h) Or, — by each of you. See a form of this account in the Author's " Practical Forms of Agreements." (i) Or, — you, or either of you. {k) Or, — last mentioned. i PRACTICAL FORMS. 171 and description thereof respectively, and of whom, and the times when, the same were respectively purchased. Dated this day of , 18 — . {The lessor.) No. CCXXYIII. By a Husband of his Children harboured by his IVife, whilst living apart from him. To (the ivife) wife of me, the undersigned (the hushaiul). I, the undersigned (husband), of &c., Grocer, hereby demand of, and require you to return and give up to me the entire custody of ray children (naming them), whom you now harbour and retain from me (I) ; And I hereby oifer to maintain and clothe (m) them, at ray own expense, on your returning thera (n) to me at my dwelling- house at D. aforesaid : And I give you notice that, in default of your (o) delivering up the said children to me forthwith (j)), I shall no longer hold myself responsible for their (q) maintenance or clothing, or for any debts or liabilities you may incur or contract, either for yourself or them. Dated this day of 18 — . (Tlie husband.) No. CCXXIX. Of Possession of a House. To Mr. . I, the undersigned (oivner), of &c., Maltster (r), hereby demand of, and require you to deliver up to me (s), 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 or occupation (t). Dated this day of 18 — . (Signature.) (?) Any person harbouring a wife and children against a husband, able and willing to support them, is liable to an action. (w) If so, — you and them. (n) If so, — with them. (o) If so, — returning and. (p) Or, — within days — or, hours — from the service hereof. (q) Or, — either your or their. {r) If criveu by an agent, say — as agent for and on behalf of (the oivner) of, &c., Maltster, hereby demand, &c. (as above). (s) Or, — to the said (owner'). (t) If given by a purchaser, here add — and lately purchased by me. Here mny be added — and, in default thereof, I shall, without further notice, take such steps as I may be advised for the recovery thereof. Jf tlie circumstances 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. 172 PRACTICAL FORMS. No. CCXXX. Of Possession of Land (ii). To Mr. [the trespasser), of &c., Grocer. I, the undersigned {the claimant), of &c., Grocer, hereby demand of and require you to deliver up to me [or mj^ agent] within days from the service hereof, the peaceable possession of the strip or plot of land (beinir part of a garden) belonging to me, situate in Street, in 0. aforesaid, together with the use of the roadway leading thereto, and which strip, or plot, of land and roadway are held by you under ray 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 — . (Tlie claimant.) No. CCXXXI. Of Possession pursuant to sect. 213 of the Common Law Procedure Act^ 1852 (x). To Mr. (?/). I, the undersigned {landlord) (z), 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 {a) of (h), with the appurtenances, situate and being at , in the county of , and which were held by you under a (c) bearing date the day of 18 — for the term of years, which expired on or about the day of last {d). Dated the day of 18 — . {Signature.) («) For form of notice to deliver up possession under 1 & 2 Vict. c. 74, see post. Notices. (x) 15 & 16 Vict. c. 76. {y) This demand, made for the purpose of founding a right to require the tenant to tind bail, mav be addressed to the tmant 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. (2) If the demand is made by an agent, say — I, the undersigned, as agent of and for Mr. , your landlord, and on Ms behalf. (a) Or, — to the said (Jandlord). (h) The messuage, land, and premises — or, the farm and premises, or, as the case may be. (c) Lease — or, agreement in writing. The section of the statute only applies where the contract of tenancy is iu luriiinf/, and the tenant is holding over. (rZ) 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(A/?;fZ- lonl) — or, by you on the day of last by a regular notice to quit before then duly given. PRACTICAL FORMS. 173 No. CCXXXII. Of Possession at the end of a term of years, otherwise double value (e). To Mr. (tenant). I, tlie undersigned (landlord) (/), demand and require you to quit and deliver up poj^session of tlie messuage, land and premises (g), with 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 (i) you will be liable to pay double value (k) for the said premises, pursuant to the statute in such case made and provided. Dated the day of 18 — , (Signature.) No. CCXXXIII. Of Copy of a Warrant — from a Constable or Gaoler (/). To (the constable, or gaoler), police constable of the county of K., stationed at in the said county (m). ^YHEEEAS, on or about the day of last, you apprehended [assaulted], and imprisoned (n) (the prisoner), of &c., Draper (or, as the case may he), under colour or pretence of holding a warrant or warrants (o) authorizing you to do so, Now I heieby, 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 (j?) (e) This demand in writing is for the purpose of founding a right to the remedy given to the landlord or jierson entitled to the reversion by 4 Geo. 2, c. 28, s. 1. (/) Or, if signed by a lawfully authorized agent, say — I, the undersigned, as agent of and for your landlord , Esq., and on his behalf. (.'/) ^'') — the farm and premises — or, as the case may be. (h) Or, — on the expiration of your term therein, which will expire on or ahout the day of , 18 — . If the demand be served before the expiration of the term, no further demand is necessary after the expiration of the term, but double the yearly value of the premises will be calculatecl 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 of the sino-le and double value in Cohh v. Stokes, 8 East, 358. In the case of a tenancy from vear to year a valid notice to quit by the landlord will suffice as a demand under"^ the statute. The wording of the demand shtjuld not leave any alternative to the tenant. tSee Doe v. Jackson, Dougl. 175, and Alienrn v. Bellman, 4 Ex. D. 201. (i) Or, — after the expiration of the term. (A:) 0)', — double rent, — where t\\Qtenant has given a valid written or verbal notice to quit, but holds over (11 Geo. 2, c. 19, s. 18).' (J) This demand is necessary before commencing an action, 24 Geo. 2, c. 44, s. 6. (m) If gaoler, put the address of the prison. («) Or, in the case of a gaoler, saj' — you received into your custody and kept and detained in custody for , then next following. (c.) Or, in the case of a gaoler, say — warrant or other instrument of commitment. (p) Or, in the case of a gaoler, say — warrant or instrument of commitment. 174 PRACTICAL FORMS. under or by virtue of which you so apprehended and imprisoned {q) him the said (prisoiier) as aforesaid. Dated this day of IS — . (The solicitor) of &c., solicitor. No. CCXXXIV. Of Title Deeds, and Notice of an intended Action. To The Joint Stock Bank at , and the directors and manager thereof. Whereas by an indenture of mortgage, dated, &c., and made between, &c., certain freehohi messuages, lands, and hereditaments situate, &c. (r), were granted and assured unto and to the use of the said (mortgagees), 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 (mortgagor), 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 both) (s) 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, ddted, &c., being a settle- ment made in contemplation of a marriai'e, which was, shortly al"terwards, duly solemnized, between, &c. (the husbaiid and tuife), under which settlement they and their children are beneficially entitled to the moneys thereby settled, including the said sum of pounds, according to tlieir respective interests therein men- tioned : And wheeeas 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 (Jiusband and his wife) that you, the said Joint Stock Bank, or your solicitors, have, by and through [the improper conduct of] the said (one of the mortgagees), or otherwise, obtained possession of the said deeds and muniments of title relating to the said mortgaged property, and that you now claim to retain them and improperly refuse to deliver them up to me (t) : Now (y) Or, in the caso of a gaoler, say — so received into your custody and kept and detained him the said (prisoiwr) as aforesaid. (/■) The descii^itiuu here given of tlic property should be as coneise but iudicative as possible. (.s) This form presupposes a case where one of several mortgagees commits the wrong ; but if all are concerned their names should be inserted here. (t) Or, — to us. PRACTICAL FORMS. 175 I, the undersigned {solicitor), of, d'c, as the solicitor for, and on behalf of the said [the other mortgagee) {u) and of the said (hushand and wife) and their children, hereby demand of and require yon fortli- with to deliver up to me as such solicitor [as aforesaid] All and every the deeds and muniments of title whatsoever relating to the said premises and now in your custody, possession or power, as such bankers as aforesaid : And whereas it has also come to the know- ledge of the said (Jiusbandand wife) that you the said Joint Stock Bank are in possession of the said property and are receiving the rents and profits 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 liereditaments : And I beg to give you notice that, in case you shall not comply with the foregoing demands, or, in case yon shall not also pay and discharge the said sum of pounds and interest and all 7nortgagee's 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 f )r foreclosing or realizing the said security comprised in, or affected 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) {x). DISTRESS (y). No. CCXXXV. War7'a?it 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] {u) If the other trustee will concur, which would be desirable, his name should be inserted here. (x) If the address is not given in the body of the notice, it should be stated, after the signature, here. j (,v) The followinu are some of the points to bo observed : — (1.) By wJiom made, I and ivhen it cannot he made. — No distress can be made by a landlord for arrears of I rent but witliin six years of its btintr due or acknowiedu'ei in writin — ^^6 ^^^^ aiTangement. PRACTICAL FORMS. 209 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. SwOKN, &c. {as in p. 10). LEGACY AND SUCCESSION DUTY. (A.) Legacy Duty {q). No. CCLXXXI. FoEM No. I. — Legacy Keceipt (r). £1 per cent. '' £3 do. £5 do. £6 do. Eegister, — . No. — . 188—. Folio — (s). On Account of the personal {t) estate of Thomas Jones, late of No. , Harley Street, Marylebone, in the County of Middle- ((7) Kates of Duty, by Stat. 55 Geo. 3, c. 184. — If the deceased died on or after the 1st June, 1881, every pecuniary legacy or residue, or share of residue, although not of the amount or value of £20, is chargeable Avith duty by the Act 44 Vict. c. 12, s. 42. The description of the legatee must be in the following words of the Act, viz. : — * To children of the deceased, and their' descendants, or to the father or mother or any lineal ancestor of the deceased, or to the hus- bands or wives of any such persons . . To brothers and sisters of the deceased, andj their descendants, or to the husbands or wives V of any such persons . . . . . . . . J To brothers and sisters of the father or mother of the deceased, and their descendants, or to the husbands or wives of any such per- sons To brothers and sisters of a grandfather or grandmother of the deceased, and their de- scendants, or to the husbands or wives of any such persons To any person in any other degree of col-j lateral consanguinity, or to strangers in blood > £10 to the deceased .. .. .. ..J (r) This form, with receipt attached for the Inland Revenue, should be delivered either personally, or by an agent, at the Legacy Duty Office, Somerset House, London. If the accountable persons reside in the country, it may be sent by post addressed to " The Controller of Legacy and Succession Duties, Somerset House, London," when instructions will be given as to the payment of the duty. The name and address of the person who forwards the account should be stated at the top of this form, which is for property chargeable under the Legacy Duty Acts. A separate foi-m must be filled up for property chargeable under the Succession Duty Act (see forms, 2^ost, Nos. 4, 5, 6, and 7, pp. 231 to 239). (s) Here insert the heading given in the official circular letter. (0 Or, if satisfied out of the real estate, say real — or, if out of both real and per- sonal, say, personal and real estate. do. Out of Real or Per- sonal Estate, if tlie Deceased died after the 5th April, 1805. * The persons chargeable with duty at the rate of £1 per cent, are exempt in respect of any legacy, residue, or share of residue payable out of, or consisting of, any estate or effects, according to the value whereof duty shall have been paid on the affidavit or inventory, in conformity with the Act 44 Vict. c. 12. The husband or wife of the deceased is not chargeable with duty. 210 PRACTICAL FOBMS. sex (w), Esquire, who died on the day of , one thousand eight hundred and Names of the executors, or, administrators ; devisees in trust, or heir at law, with their residence and profession. Charles Green, of W., in the county of M., gentleman ; and Joseph Styles, of B,, in the I county of K., grocer. -' ?• Executors (x). Acting under probate of will [or, letters of administration, and, if so, with the will annexed], granted by the Principal (y) Eegistry of the Probate Division of the High Court of Justice, on the day of , one thousand eight hundred and [the date of the 'prohate'\. Name o^the legatee or next of kin. Degree of relation- ship, to be stated in the words of the Act. Describe the nature of the bequest, and if residue, state what part or share. Price of stoclcs. Value. Rate of duty per cent. Amount of duty. William Jones (2) a child of the deceased (a) an absolute pecuniary- legacy (6) of (c) £ 100 s. fl. £ 1 £ 1 s. d. (m) Or, — in the city of B. — or, town and county of S. {giving the residence parti- cularly and correctly). (x) Or, — surviving executor — or, if by an executor of an executor, executor of the last will and testament of G. A., the executor — or, surviving executor — of the will of C. D., deceased. Or, — administrator — or, administrator with the will annexed. Or, — devisees in trust and executors. (y) Or, — district. (2) Or, — Mary, the wife of "William Jones^o?', W. J., iu the will called W. J. the younger — or, the poor — or, the churchwardens and overseers — or, A. B. and C. D. as the overseers — of the poor of the parish of M — or, E. F., as treasurer for the time being of the hospital — or, infirmary— or, almshouse — of M. (a) Or, descendant of a child of the deceased — or, the father — or, mother — of the deceased. Or, — a brother — or, sister — of the deceased. Or, — a descendant of C. J., a brother — or, sister — of the deceased. Or, — a descendant of a brother — or, sister — of the father — or, mother — of the deceased. Or, — a descendant of a brother — or, sister ■^of a grandfather — or, grandmother — of the deceased. Ur, — a stranger in blood to the deceased. {h) Or, — this legacy is directed by the will to be paid free of duty — or, a pecuniary legacy of £ sterling, payable {if so) with interest. Or, a pecuniary legacy of ....... . £500 Subject to the payment of an annuity of £ to A. B. — or, during the life of a person aged , the duty whereon has been paid on a separate receipt, and the value of which, namely .... 250 Being deducted, leaves ......... 250 (c) If the legacy be of stock, here state the price of the stock, and the day of sale ; or if not sold, the price at the time of passing the account. PB ACTIO AL FORMS. 211 iThis legacy is charged upon a freehold [or, copvhold,— or, leasehold] estate at W., in the county of D., devised by the will of the de- ceased to (t. H., and is made payable on the death of the widow of the deceased [d). Upon wMcli the duty is now chargeable. 0/-, — a pecviniary legacy of £ ,* the duty whereon amounts to . £20 10 Deduct duty paid on a separate receipt, in respect of an annuity {or other limited interest) given, — or, directed to be paid — to the testator's nephew, A. B 10 Amount of duty now payable . . . . . . . . 10 10 Or, — a bequest of leasehold property at "W., Kent, held for a term of years, of which are unexpired (let at £ per annum, subject to a ground-rent of £ ), valued at ... . 500 Deduct the value of an annuity given to the testator's brother, aged, &c., for his life, the duty whereon has been paid on a separate receipt . 100 Amount on which duty is now payable ...... 400 Or, — a pecuniary [Government] annuity of £ directed to be purchased and paid during his life. He attained the age of on his last birthday — or, on the day of .f '' Or, — a specific legacy, valued at £ . Or, — a specific legacy of £ , three per cent, consolidated bank annuities, and (if so') payable at twenty-one or day of marriage — or, after the death of 0. B., her mother — or, father — 07; widow — or, of A. B., late A. D., spinster, and W. B., her husband. Or, if the bequest be for the poor of a parish, here say — in trust for the poor of the parish of W. Or, if to a hospital, &c., say — in trust for the patients — or, inmates — or, trus- tees of the said hospital, &c. — of D. Or, — charged on real estate at W., in the county of D. Or, — directed to be laid out in the purchase of real estate, to be conveyed to R. "W., a son — or, brother — or, sister — or, nephew of — or, a stranger in blood to the deceased — absolutely in fee. Or, in the purchase of an annuity of £ to be paid to R. W., a son, &c. (o.s above), aged his last birthday, during his life. Or— in the purchase of £ stock, the dividends whereof are directed [by the will] to be paid to him — or, applied for his benefit — during his life — or, minority (if so), subject to the payment of an annuity of £ to the testator's brother, &c. (as above), aged, his last birthday, , during his life ; and the principal thereof, after his decease— or, the decease of the said W. R. — is to be paid to him — or, for his benefit, on his attaining the age of years — or, to others in succession, liable (if so), to the same — or, a higher — or, less — rate of duty — ur, is to be paid — or, applied — in such manner as he should, by deed or will duly executed, direct or appoint. Or, — a specific legacy of all the plate, linen, china, carriages, household furni- (d) Or, — This legacy will not be payable tUl A. B. (now aged years) attains the age of twenty-one years — or, till the death of A. B. Or, — the above is one part of a legacy of £ , bequeathed by the will to A. B., * A receipt for the full legacy must be given by the legatee, as he, beins; a trustee for the payment of the annuity, is liable to the dutj'. See 30 Geo. 3, c. 52, s. 5*. t Rents, interests, or dividends on legacies, down to the date of the receipt, must be added to the legacy, and duty paid thereon. P 2 212 PB ACTIO AL FORMS. Eeceived [of the executors (e)], on the day of 188— (/), the sum of pounds (^7), being the legacy Qi) above ture, and effects in and about the testator's dwelling-house and premises at W., at his death. Qr^ — a specific hequest of all plate and furniture to which the testator became entitled on the death of his mother, who died on the last. 0,.^ — a bequest of all the testator's right and interest in a [dilapidated] lease- hold house and garden, with the appurtenances at W., held for the lives of three persons, aged , , , valued — or, sold — at £ ■. Or, — the proceeds of a copyhold estate, situate at W., in the county of D., held for the lives, &c., and directed by the will to be sold, valued at £ . Or, — a moiety — or, a third — or, a fourth, part — of £ payable to him (aged on his last birthday), on his attaining the age of twenty-one years, with interest in the meantime. 0,.^__tiie rents of the testator's leasehold houses situate at "W. — or, in Ely-place, Holbom, in Middlesex, held for the residue of a term of years absolute, and given to the testator's widow and daughter as joint tenants. Qy^ — a release of debt due from him to the testator on his promissory note for £ . 0,.^ — one part of the residue of the [real and] personal estate of the deceased. and in the event of his death in the testator's lifetime, to his brothers and sisters living at the testator's death equally. He died on the day of , 18 — . (^?-, — this is one part of a legacy of £ bequeathed by the will to A. B., if living at the testator's death, but if not, to his brothers and sisters equally. He died on the day of , 18 — , leaving brothers and sisters surviving him, all (or, some) of whom also survived the testator, namely — C. S. • • • • *» T. B £ (here add a schedule of them, shoivivg the total amount of the orifiinal legacy). Or, — this legacy is directed by the will to be paid free of legacy duty — or, to be laid out in the purchase of an annuity \_or, government annuity] for the life of the legatee. Or, — the above duty is charged in respect of the duty returned \_f so, under an order of the Lords Commissioners of Her Majesty's Treasury] on the above-named pro- (e) Qr^ — of my co-executor — or, administrator — or, retained in trust. (/) The receipt should bear date the day it is signed, and the duty paid thereon within tiventy-one days afterwards, under the penalty of £10 per cent., on the amount of duty ; and if the duty be not paid within three months after the date of the receii>t, a penalty of £10 per cent, on the amount or value of the legacy will be incurred ; nor can a receipt, under any circumstances, be stamped till payment of both the duty and penalty. {g) The amount less the duty. Or, — £ stock, three per cent, consolidated bank annuities, being my legacy out of the personal estate above mentioned, &c. \_or, in full of my legacy of the proceeds of the real — or, personal] estate directed by the wiU to be sold, having first allowed, &o. Or, — the several articles of plate [or, furniture, &c.] above mentioned, being the whole {or, part — or, in full] of my specific legacy out of the personal estate above mentioned, &c. Or, if it be Jvnsrhohl property — the specific legacy of leasehold property above described, out of the personal estate above mentioned, &c. (A) (h; — being a legacy given to the parish [or, poor of the parish] of W. — or, patients— o?-, inmates of the hospital, &c., at W. — or, being my share of the residue above mentioned, &c. PRACTICAL FORMS. 213 mentioned, having first allowed or paid for the duty thereon {i). William Jones Qi). No. CCLXXXII. Form No. 2. — Annuity Keceipt (T). Register, — . No. — . 188 — . Folio — (m). On Account of the personal {n) estate of Thomas Jones, late of No. , Harley iStreet, Marylebone, in the county of Middle- sex (o), Esquire, who died on the fourth day of May, one thousand eight hundred and . bate [or, if there he more than one, and it has been returned on a particular one, — say probate.* Or, — this legatee is in the will called the younger, but his father is now dead, Or,^this legacy is directed by the will to be invested in the funds [or, on mortgage] and the interest or dividends are to be paid for the maintenance of the testator's son \_or, daughter], who is a minor and aged years. And power is given to the executors to advance any part not exceeding one-third for his [(ir, her] education or apprenticeship under the age of twenty-one years. In the event of his [( £ s. d. £ 500 100 s. d. • • • • {y) Tn this space should be inserted short statements (such as the following), neces- sary to elucidate or explain incongruities or apparent mistakes, so that the examiners at the Legacy Duty Office, who are, of course, strangers to the circumstances, may- understand them, and so be spared unnecessary trouble and inquiries. If the will speaks of real estate when, in fact, the deceased left none, here state — The deceased left no real estate or other property liable to succession duty, and it is now required to be stated, upon the face of the account (in ilie first margin), {if the fact), that the deceased left no freehold, copyhold, or leasehold estate, and if there be a tuidow, that the deceased widow is not ('/ rwt) entitled to any jointure or dower out of his freehold [or, widowhood out of Ms copyhold — or, customary] estate. And when the account is of a widow's estate, it should be stated (if the fact) that the deceased left no real or leasehold estate ; nor was she entitled to any jointure, dower, or widowhood. If the deceased left real or other estate liable to succession duty, it must be here stated, as — the deceased left a [small] freehold [or, copyhold — or, leasehold] estate, which was sold on the day of , 18 — (if so) for payment of his debts and funeral expenses [his personal estate being insufficient], and on which succession duty is intended to be paid. Or, — the deceased left a copyhold estate [or, tenement], which (// so) passed by succession at his death to [his son] A. B., who will pay the succession duty thereon. Or, — the deceased left a [small] customary estate for his life only, which at his death devolved upon his widow for her widowhood. Or, — This is part of a sum of £ secured by a policy of assurance on the life of the deceased, who was a trustee of the remaining part (£ ) for C. D., his brother (or oflier persun), under a declaration of trust, dated, &c., and produced at the time of passing this account. If any mistake has been made in the disposition of property, such, for example, as the husband and wife giving the same thing by their resjiecrive wills, it should be here explained, as — the sum of £ being one part of a sum of £ secured by a policy of assurance on the life of the deceased, and bequeathed by the will of the deceased, belonged to the widow for her own separate use, and (if so) is bequeathed to the same parties by her will proved in the , on the day of , 18 — , under which the duties will be paid. If it bu intended to i);iy the legacy duty in the lifetime of the widow, having a life interest, here state— It is requested that the duty may now be accepted, without any deduction in respect of the life interest of the testator's widow, who is still living. PRACTICAL FORMS. 219 Description of Property. Dates of sales, if sold. Money re- ceived, and property converted into money. Value of property not con- verted into money. ?■ Brought forward Or, a reversionary in- terest in legacies sold by the testator to A. B. Or, duty on probate [or, letters of administra- tion] returned (z) (Insert the total colm. Total of property 20 July, 18— 2 Aug., 18— No. 1 in col. No. 2) £ s. 50 20 d. £ 8610 s. 2 d. 7 • • • • PAYMENTS. Money received, and pro- perty con- verted into money. Value of property not con- verted into money. A scliedulo of these deductions, signed by tlie ex- ecutor or admin- istrator, is to be annexed. Brought down Probate [or, administration] (a) . . Funeral expenses (H) Expenses attending executorship [or, administration] {h) (I) Debts on simple contract, rent and taxes, wages, &c., due at the death of the deceased, as per schedule annexed .. (K) Debts on mortgage, with interest (if any) due at the death (L) Debts on bonds, and other securities witli ditto .. (M) Pecuniary legacies as per account an- nexed [upon which the duty is paid separately] (c) Carried forward . . £ 206 172 93 140 4500 s. 6 6 4 17 d. 6 4 £ s. d. (z) If paid on a separate receipt, omit it here. Duty on pecuniary legacies given by the will to A. B. and C. D., brothers of the deceased, and directed to be paid free of legacy duty. Or, — -cash received from a friendly (or otlivr) society, called the Club. Or, — cash received from Her Majesty's Navy Pay (or other) office, being prize [or, bounty] money, payable to the deceased. Or, — I have of wearing apparel [or, fiurniture] bequeathed to A. B., not liable to duty, addiiKj, If tJiefact, no separate valuation of this legacy has been made, but £ is considered to be its full [or, much more than its] value. (a) If more than one probate it sliould be so .stated. (V) This sum must iuckule all ex])enses incurred by the executor or administrator, a schedule of which, with this heading, must accompany the account. (c) This is the proper course, when the rates of duty differ and the legatees are numerous. 220 PE ACTIO AL FORMS. PAYMENTS. Here state the particulars of any other lawful pay- ments, and of the funds or other securities pur- chased, and when. Brought forward Stock purchased on the day of Money received, and pro- perty con- verted into money. [pursuant to the directions of the will of the deceased], the dividends whereof are payable to G. W., for his life, upon which the duty is paid separately Invested pursuant to the directions of the will of the deceased, in the purchase of an annuity of £ {d), given by the will of J. D., and upon which the duty is paid separately (e) Deduct the total of the payments from the total of the property s. 460 510 Net amount of the property carried forward d. 15 Value of property not con- verted into money. To shew the balance of cash, if any. Total of column No. 1 Total of payments (/) Cash account £ s. d. 8610 2 7 6083 2 10 £2526 19 9 (f^) Or, duty on pecuniary legacies given by the will to [or, if numerous, to the descendants of] A. B. and C. D., a brother and sister of the deceased, and directed by the will to be paid free of legacy duty, as per schedule annexed. If any of the legacies given by the will have lapsed, the fact should be stated here, or at the end of the list, thus — The pecuniary legacies of £ and £ given [by the will] to A. B. and C. D., a son and daughter of the deceased, have lapsed, and now form part of the residue. Or, — The following legacies given by the will have lapsed, and now form part of the residue, the legatees having died in the lifetime of the testator {or, as the case may be) A. B. died on the day of 18— . . . £200 C. D. died on the day of 18— ... 100 (e) Or, invested, &c., an annuity directed by the will of the deceased to be paid to the executors, by A. B. and C. D., under such will, for the maintenance of the testator's " grandchildren " — or, " children of the testator's son W. I.," upon which the duty is paid upon separate receipts. Or, invested, &c., of freehold (or other) property. Or, value of leaseholds given by the will to C. D. Or, value of household furniture [or, " trinkets," &c., bequeathed to A. B, and C. D., the testator's children equally, as per schedule annexed.] (/) If the total of this column exceeds the other, as in cases of insolvent estates, the deficiency should be shown thus : — Total payments £ Total of column No. 1 Deficiency £ And where the executor or administrator holds a balance of cash in his liands, it must be here shown, and the interest upon it must be accounted for in the next part of the account. (Tit. " Accumulations.") PBACTICAL FORMS. 221 Note. Upon rever- Bions falling in, state the date of the death of the tenant for life. Separate papers are to be an- nexed to the ac- count, to show how these totals are made up. Net amount of property brought forward ACCUMULATIONS OF INTEREST, DIVIDENDS, RENTS, &c. (N) Rents of leasehold estates sold to the time of sale, and of those remaining unsold (after deducting ground rents, &c.), to the date of this account (g) (O) Rents of real estate directed to be sold to the time of sale, if sold, if not, to the date of this account _ . . (P) Dividends on the stocks and funds sold to the time of sale, and of those remaining unsold, including the last dividends Qi) (Q) Interest on Exchequer bills sold or paid off to time of sale or payment, and of those remaining un- sold to the date of this account ( j) (R) Interest on bonds, mortgages, and other securities paid off (fc), to the day of payment, and of those out- standing to the date of this account . . (S) Interest at four per cent, on 2526/. 19s. 9(i., being the balance of cash in hand as on the other side, to the date of this account . . (T) Interest on 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 (Z) (U) The value of the benefit accruing to the executor or other person entitled to the residue from the in- terest of money or dividends of stock retained to answer vested or contingent legacies, payable at a future day, without the intermediate interest or divi- dends .. .. .. .• Total .. £ 72 43 76 34 48 61 8. 14 Brought forward . PAY]\IENTS OUT OF INTEREST, &c. (V) Interest on mortgages, bonds, and from the estate . . (W) Interest on pecuniary legacies (X) Payments on account of annuities . (Y) Other payments, if any, viz. : — other securities due 1 2. 3. 4. 5. Rents and tithes (as per Schedule) .. Rates, taxes, and insurance . . Labour .. Repairs on the deceased's estate For adding one life, pursuant to the directions con- tained in the will of the deceased to a leasehold [or, " copyhold,"] estate, &c., given to J. W., the duty on which is paid separately by the legatee Deduct the total amount of these payments from the preceding total 60 32 74 45 27 46 36 50 Balance d. 471 6 (jg) Where there is a succession account, rents accruing due after the death not to be inserted. (Ji) See that this corresponds with the valuation, if not sold. (i) And this with the forms, as stated. (Jc) This must be calculated from the death of the deceased. (0 If the executor or administrator carry on the deceased's business, an account 222 PRACTICAL FORMS. A schedule or particulars of these deduc- tious to be an- nexed. Brought forward . . DEDUCTIONS FEOM KESIDUE. The value of annuities given by the will, and now remaining a charge on the residue, viz. : — 501. to Eichard Adams, age 55, value 80^. to Kobert Groves, aged 57, value .. (a) Debts still due from the estate _ . . (b) Retained to pay outstanding legacies Ditto to satisfy a liability incurred by the deceased under his covenant with [or, bond of indemnity — or, guarantee] to A. B., dated the day of , 18— [and, if so, in respect of which legal pro- ceedings have been commenced] (m) 1200 850 560 5000 10 ]2 d. 800 -or. Total deductions . . Net residue Deduct any portion of the residue not liable to duty- for which duty is paid on separate receipts, viz. . . j One-third of residue payable to the widow of deceased (ji) Eesidue on which duty is chargeable .. .. i s. d. 8211 10 3777 2 7 1259 10 2518 1 8 Declaration. I [or, we] do declare that the foreg:oing is a just and true account ; and I [or, we] offer to pay the sum of £ , for the duty, after the rate (o) of £ — per cent, upon the sum of £ , being lusbit.ueuui.^- the amount [or, one moiety,— or, third or, other tian and surnames part] of the said residue and moneys to which I am of the receipts and payments, from the death of the deceased, must be rendered to the Legacy Duty Office. (m) Jf any duty on the probate or letters of administration be returned or return- able, it may be inserted here (or as at p. 219) ; and if there be any deficiency of assets, the amount should be here inserted as a deduction. It may be in this form- State whether this sum is the whole or what part of the resi- due. Insert the chris- Duty returned on probate [or, administration] . . Or, Duty returned on probate [or, administration] £30 Deficiency of assets .. .. .. .. 20 £30 £10 (n) A husband or wife is not liable to duty. If the rents, ifcc, be given to the wife for life, add the amount under the head " accumuhxtious," and deduct it here, thus : — Rents of real estate bequeathed to the widow for life £50 Rents of leasehold estates bequeathed to her for life 20 Dividends on stock bequeathed to her for life .. 20 Furnitui-e, wines, and other liquors, bequeathed to her absolutely, as per valuation .. .. •• 170 £260 (o) See Tabic of Rates, ante, p. 209. PRACTICAL FORMS. 223 of the residuary legatees or next of kin, and their relationship or consanguinity in the words of the Act. or, we are] entitled, and intend to retain to ray or, our] own use (2^) [or, for the use of A. B. and U. D. being the brother and sister {q) of the de- ceased.] Dated this day of , 188 — . {Here sign the account.) C. G., J. S., Executors. A. (s). Schedules (r). Life Assurance Policies. B. C. A policy with the — Life Assurance Society, for £200, on the life of W. G., with bonuses {t).. &c. iSrc. &c. £ s. d. 247 Rents due at the death of the deceased. Thomas Adams John Green .. &c. &c. 20 10 16 4 6 2 Mortgages and Interest due at the death of the deceased. 1st. Converted into Money. George Young Kichard Strange (equitable deposit) 2. Not converted. William White Charles Urry (equitable deposit) . . 2000 100 600 500 D. Bond, Bills, Notes, and Interest due at the death of the deceased. John Smart, on bond, including interest.. 59 16 S. Turnpil^e, promissory note .. .. 54 10 John West, acceptance for , . .. .. 51 8 (ji) Here add, if the case — as residuary legatee and a brother of the deceased, and for the use of the legatees named in the will, being respectively descendants of brothers and sisters of the deceased. (7) Or,—k. B. (son of C. B.), the husband of a child (a daughter) of the deceased [who died on the ■ day of , 18 — ], a stranger in blood to the deceased. Or, — A. B. (wife of J. B.), a sister [or, daughter] of the deceased, and in default of her appointment, for the use of her descendants. Or, — A. B., C. D., and E. F., a brother and the descendants of a sister of the deceased; or, as the case may be, having strict regard to the official descriptions of the parties. (r) Several schedules to the residuary account may be in one sheet, but each sheet, when commencing a fresh schedule, should have the following heading — In the Estate of A. B., deceased. (s) These letters refer to the corresponding items in the Residuary Account. {t) If not received, here add — Note. The above sum of £ will be received [at the Assurance Office], on the day of next. 224 PRACTICAL FORMS. E. Booh and other Belts due to the deceased. 1st. Converted into Money. Thomas Moss The Rev. Thomas Williamson John White (balance) 2. Not converted. John Smith Samuel Wynn £ 8. d. 50 50 17 25 20 F. Canal, Railway, and other Shares (u). Twenty £- shares in the Kennet and 30 Avon Canal, valued at . . Fifty shares (thirds) in the Great Western Railway .. .. .. .. .. 350 Twenty £ shares in the London Joint Stock Bank, valued at 1000 G. Ships, or shares of Ships. The sole interest in the brig " Zero," valued at 500 Twenty 64tli parts in the schooner " Betsy " 200 H. Beal estate, directed hy the Will to he sold. Freehold. Sold. Date of Sale. Description. Annual value. 1&-. Dec. 2 Two dwelling-houses, stable, coach-house, out-build- iugs, yard, garden, and paddock, at S., Middlesex, sold by auction to A. G., Esq., for 300Z., including £ s. d. fixtures and interest on the purchase-money 317 10 18-. March 3 Cottage and garden at E., Essex, sold by private contract to W. H., including interest on the piu:- chase-money .. 120 10 Copyhold. 18—. May 7 Dwelling-house and land at H., Kent, sold by private contract to the Rev. G. G., including fix- txurcs, and interest on the purchase-money 175 5 (tt) Under this and the next heading the correct names of the shares should be PRACTICAL FORMS. 22;") No. 1 2 3 Real Estate, Directed by the Will to be Sold — but kot yet Sold. Frechohl. Description of Property. Dwelling-house, gar- den, and yard Four cottages and "I gardens . . . . / One-third of a close of laud ■:} ^V'■llere situate. Worthing, Sussex Ditto .. Hastings, Sussex Names of tenants. J. J. Esq. A. B. and others D. B. (butcher) Grose rental. Value. £ S. d. £ s. 50 1000 20 400 10 300 Ciipyhold. Farm and lands, held) for the life of R. T., \ Worthing aged 54 J. H., if so, at net rent of £ 50 £ 600 Lifehokls (x). No. Nature of Property. Where situate. No. of lives. Ages. Names of tenants. Annual value. Actual value. 1 Dwelling-house, j stable, malt-> house and land ) Worthiug,| Sussex / 2 /56\ 143/ J. T. .. £ 25 s. d. £ 380 s. d. 2 3 Six cottages A close of land called "High-i lands" Ditto Ditto 1 3 47 S (S. W., 1 < and > (others. ) R. W. .. 30 6 120 I. PAYMENTS. Expenses attending the Exeeutorship. £ s. 18 — , Aug. 22. — Paid fly hire and expenses to D., to take possession of deceased's property there .. ,, .. .. 1 15 Railway fore, &c., to H. and W., for the like purpose .. .. .. .. 1 10 Paid messenger to W. with i^apers .. 5 d. 1 {Here add every other payment for travelling and other expenses incurred by the executor on account of the estate, inclvdiny not only expenses such as the above, hut (x) If any of this property was dilapidated, or in want of re])air, a note sfating the fact should be added, thus : — The principal part of the property comprised in this schedule was, at the time of the death of the deceased, very dilapidated — [or, greatly out of repaii-] — and considerable sums have, therefore, been necessarily expended in properly repaii'ing it, and consequently the gross rental is given above. Q 226 PRACTICAL FORMS. also the valuation and sale of the deceased's property, and sums paid for dilapida- tions, necessary reneivah, faculties, insurances, admissions to, and surrenders of copyholds, accountant's fes, and tvages of clerks and servants, employed &c. (y) ; but sums expended in repairs should be placed under a separate heading. HOUSEKEEPING EXPENSES. Between the death of the deceased, and the sale of his furniture, &c., but of no benefit to the Legatee (2). £ s. Paid E. for coals .. .. .. .. 3 10 Paid housekeeping expenses ,. .. .. 1 16 Paid servants (A. G. and R. S.) wages . . 8 7 d. 6 K. DeUs due on sim]jle contract, rent, taxes, wages, &c., at the death of the deceased, and since imid hy the Executor. Kemarks. Names of Creditors. Kesideuce. Amount. £ 8. d. L. and W. Bank London 100 Messrs. W. 0. & D. M.,) trustees of deceased's) Hastings 1000 marriage settlement . . Messrs. L. & S Do., solicitors . . 75 W. T.'s executors on pro- 50 missory note . . W. T., for wages (balance) Ditto .. 12 8 Dthts due at the death of the deceased, and still unpaid. Remarks. Names of Creditors. Residence. Amomit. £ s. d. James "White Hastings 35 10 Messrs. G. R. & T. 0. .. Ditto .. 26 4 2 Note.— This bill was Messrs. C. & 0. (solicitors) Ditto .. 320 7 incurred chiefly for mak- John Fry Bristol 30 ing out the titles to and George West Liverpool 100 selling part of the de- ceased's property, and in defending an action in the Chancery Division of the High Court. (v) If a clerk or accountant should be employed, state in the margin op})Osite the llf^m — the deceased's affairs were in such a complicated [and unsettled] state that the executors could not have wound up the estate without the aid of a clerk [or, an accountant]. (2) A uole should be added to tliis scliedidc to tlie following effect — The above expenses were necessary for the preservation of the deceased's furniture till sold [he being a widower]. PRACTICAL FORMS. 227 Repairs. Messrs. R. & O. Note.— The last bill Ditto has been ajiplied for, but Ditto has not yet been de- livered. Hastings (as 1 per contract) / Worthing (Do.) Ditto, about ., £ 8. 130 56 20 d. L. Belts on Mortgages, ivith Interest, due at the death of the deceased. Remarks. Names of Mortgagees. Residence. Amount. £ 8. d. Tlie interest on this George Jones , . Worthing 500 security was paid up to the Lady-day half year immediately preceding the death of the deceased. Thomas Hart . . Hastings 200 Messrs. Jones and Himt, - executors of W. D. Ditto .. 159 10 M. Debts on Bonds and other Securities, ivith Literest, due at the death of the Beceased. Paid. Name. Nature of security. Amount. Charles Dunn . . Francis Hart . . Bond Promissory note £ 106 101 8. 9 d. 6 10 Unpaid. William Stiles Bond 210 N. Pecimiary Legacies. Paid since the death of the deceased, the duties on which have been paid on separate receipts. George Jones William White £ s. d. 100 50 Q 2 228 PB ACTIO AL FOBMS. Accumulations of Interest, Dividends, Eents, &c. O. Bents of Leaseliold Estates sold to the time of sale, and of tliose remaining unsold &c. Description of Property. Where situate. Tenants' names. Net rental. Dwelling-house, ofSces, stable,"! and garden . . . . . . / Cottage and garden Close of land (3 acres) Hastings Ditto .. Ditto .. A. W J. S D. M £ 40 5 10 s. d. p. Rents of the Real Estate sold, to the time of sale, and of that still remaining unsold. Description of property. Where situate. Names of tenants. Rental. Dwelling - house, garden, and"! laud .. .. .. .. Four cottages, and gardens (one"l unoccupied) . . . . . . j Close of land One-third of a close of land (one\ acre) . . . . . . . . J Copyhold farm and lands, held fori one life, aged 54 absolutely . . / Worthing Hastings Ditto ,, Ditto ., Worthing J.J P. P J.J D. B J. H £ 50 15 3 10 50 s. 10 d. Q. Dividends on the stocks and funds sold to the time of sale, and of those remaining unsold, including the last dividends. 18— , Jan. IG .. „ April 10.. Dividends on £1000 new 3 per cent, annuities Dividends on £ 3 per cent, consols Dividends on £ 3 per ceut. reduced annuities £ s. 32 10 20 IG IG d. E, Interest on Exchequer Bills sold or paid off to the time of sale or IKiyment, and of those remaining unsold to the date of this account. These should be stated as iu the last schedule. PRACTICAL FORMS. 229 S. Interest on Bonds, Mortgages, and other Securities due to the de- ceased, and ixiid off, to the dag of ixigment, and of those still remaining outstanding. Paid off. George Young EicLard Strange Not Paid. William White Charles May £ 8. d. 24 7 G 4 3 6 13 G 10 T. Interest on Canal, Baihvay, and other Shares [from the death of the deceased^ to the time of sale, and of those remaining unsold, and on other j^ropertg yielding an Income not included in any of the above items to the date of this account. (This should be stated as in Schedules P. and Q.) Payments out of Interest, &c. U. Interest on Mortgages, Bonds, and other Securities due from the Estate. George Jones Thomas Hunt Messrs. Jones and) Hunt, executors of > W. D ) Worthing Hastings Hastings £ IS 7 6 s. 16 2 3 d. 8 4 V. Interest on Pecuniary Legacie s. Interest o"n unpaid legacies, stated in"! Schedule (A) J £ 26 s. 10 d. w. Payments on Account of Anmiitit ?s (a). Richp.rd Adams Rubert Groves . . £ 50 80 s. d. (a) If the payment of any annuity be discretionary with the executors, and they do not pay it, a note should be added to that eircct, thus — Note. The estate being small, and the expenses considerable, the executors have not paid, and do not intend to pay, any portion of the annuity bequeathed to W. W. 230 PRACTICAL FORMS. X. 18—, April 10.. Other 'payments out of Interest. 1. For Rent and Tithes. Lord's rents paid to A. B. Ditto to E.W Kent-charge in lieu of tithes, paid to the Rev. R. Gr. . . . . .• .. Do. to the Earl of G. Quit rents . . Ground rents :•} £ s. 9 8 5 9 16 10 9 4 9 16 14 d. 4 18—. 2. For Bates, Taxes, and Insurance Paid at II (h). (Dates.) Property tax Poor rate Highway rate Churcli rate Assessed taxes Fire insurance &c., &o. 9 4 16 2 3 12 4 3 18 4 13 11 {Dates.) Paid at W. Half-year's property tax . . Poor rates . . Highway rate Church rate Land tax .. Fire insurance 8 2 12 8 2 16 1 18 12 8 4 8 10 4 3. — For Labour — since the death of the deceased. [Here state the names of the servants and the times of payment, adding a similar note to tJiat ante, p. 226, n. (z), showing the necessity of these servants being employed for the preservation of the estate."] If the payments be for labour done on a farm, the gross weekly sxuns may be stated thus : — 18 — , May 31 .. I Paid labourers — week's wages | 12 I 8 | 4. For repairs — done by the executors. Here add a list of the payments, shoicing the time ivhen and to whom they were made, and in respect of ichat property ; thus : — 18—, Jan. 2 May 4 John Stone (builder), for repairing dwelling-^ house and buildings at W., as per contract . . / 50 20 Ditto, house at H. (A) Debts still due from the estate. Here state the names, residences, and amounts, as in Schedule (Ji). (B) Retained to pay outstanding legacies (c). John James William James ) i,ig g^ns ( - Samuel James j I •• 100 10 10 10 10 (6) If the deceased had two or more residences, the paymeuls at each place should be shown separately. (c) If the payment of any legacy be discretionary, see note (a), ante, p. 229, and add a similar one here. PRACTICAL FORMS. 231 (B.) Succession Duty {(I). No. CCLXXXIV. Form No. 4. For Property (absolute) not chargeable by way OF Annuity (e). Kegister OF THE Tear 18 — . Folio (/). An Account of tlie Succession to Personal Property {g) of {the successor), of, &c., Grocer (li), upon the death of {the ijreclecessor), late of, &c., gentleman {i), who died on the day of , 18 — , derived from the said {predecessor) {h), the predecessor, under a deed {I) of settlement executed previously to, and. in cou- {(T) The rales of diitj^ are as uuder : — Lineal issue or lineal ancestor of the predecessor ,. £1 per cent. Brothers and sisters of the predecessor and their descen- dants £3 do. Brothers and sisters of the father or mother of the prede- cessor and their descendants .. ,. .. ,. £5 do. Brothers and sisters of a grandfather or grandmother of the predecessor and their descendants .. .. .. £6 do. Any other person .. .. .. .. •• •• £10 do. 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 lower rate. (e) This account for the Inland Eevenue is to be delivered in dtqjJicate as directed, ante, p. 209, n. (r). The duty is payable when the property is paid to or retained for the successor, and if there be delay in payment, penalties will be incurred. (/) See ante, p. 209, n. (s). ((/) Personal property includes money charged on real property and money to arise from the sale of real property. (7i) If more than one successor (as co-parceners or tenants in common) intend paying the duties under the same succession and at the same time, here add their names, residences, and callings, as above. {i) If the succession be of a reversionary interest, here state the name of tlie tenant for life, b^o if arising by survivorship. (k) Or, if the party be not the predecessor, as is sometimes the case under settle- ments, here say — from B. B. [late] of, &c., Esquire, according to the fact. (?) Here state the title, whether under settlement, by survivorship, or in any other manner, and if under any deed or other document the date thereof, and tlie names of the parties thereto, as — under [or by virtue of] certain indentures of appoint- ment and release by way of settlement, bearing date respectively the and days of , 18 — , and made between, &c. [setting out the names of the jxirties but vot their descriptions except ivhen need/id for the p>urpose of distinguishing them]. Some practitioners set out the substance of the limitation in the will or deed con- ferring the succession, but it is submitted that it would more properly appear under the next heading. Or, — under [or, by virtue of] a certain deed, bearing date [on or about] the day of , 18 — , and made between, &c, ('<.s (diove), being an appointment by way of settlement [or, in pui-suance of certain articles, or, indentures of settlement], bearing date, &c., and made between, &c. {as above). Or, — under [or, by virtue of] a certain indenture, bearing date, &c., and made, &c., being a declaration of trust of the property hereinafter mentioned for the benefit of the said A. B., the successor, after the death of the said C. B. Or, — under [or, by vii-tue of] a certain deed, bearing date ■&€. {as above), being 232 PRACTICAL FORMS. templation of tlie marriage of the said [predecessor) with the said [successor), bearing date, &c., and made between, &c. [m), de- livered by [the said] [trustees, naming them), as such trustees [n). Description of Property. Price of Stocks, &c. Value. 3 per Cents. Consols— £1000 (o) 3 per Cents. Keduccd— £1000 New 3 per Cents.— £1000 93 £ 947 930 931 500 500 400 8. 10 5 d. One moiety (^p) of the moneys arising from the snlc of a freehold estate at D., in the county of K., sold imder the directions in the said will to R. K. on the day of last, at the sum of £ , less the expenses . . One moiety {p) of the rent of a farm and lands at U. aforesaid, let to G. G. on lease for a term of years, of which are unexpired, at the clear annual rent of £ , which moiety (or otlier portion') has devolved to me on the death of the said (2)redecessor) for my life Principal and interest on mortgage (q) from B. B. to tiio said D. D., the predecessor, and be- queathed by the aliove will to the said A. B. after the death of C. D. [the testator's widow {or other person) (r)] aged her last birthday . . Less the value of the life interest of the saidl C. D. (.s) / £ 500 100 s. d. Dividends (or interest) since the death T otal •• £4208 5 We declare that this is a just and true account of all tlie (jersoual a covenant to stand seised to [or for] the use and benefit of the said A. B. the successor after the death of the said C. B. Or, — by survivorship under a certain indenture of lease (or other instrument), bearing date, &c., and made between, &c., whereby the property therein comprised was granted to me and R. B. jointly during our respective lives. Or, — as co-parcener by survivorship on the death of C. D, my co-tenant [in common] under, &c. ((/s in the last form). Or, if so — as purchaser of the succession of R. B., under a certain indenture of appointment, &c. {or, as the case may he, statimj shortly the deed or instrument under which the succession is claimed), (ni) Or, — under the will of the said W. B., bearing date the day of 18 — , and proved in the Principal (or, os the rase may he) Registry of the Probate Division of the High Com-t of Justice, on or about the day of , 18 — . ('«) State whether trustee, &c., or successor. (0) If this space be not sufficient for all the property comprised in the succession, a schedule shouhl be annexed, and the totals inserted in this account. (p) Or, — third — or other x>art. (7) Or, — bond — or, promissory note. (r) If the life-tenant be dead, here add — who died on the day of , 18 — , omitting the next item. Or, — the annual proceeds of the business of the said D. D. at R., bequeathed, &c. N.B. — Plate and pictures, &c., bequeathed as lieirlooms, arc not subject to duty, 36 Geo. 3, c. 52, s. 14. (.s) Or, — £ payable on a policy of assurance for £ on the life of C. D. [aged PRACTICAL FOBMS. 233 proporty to which the (successor) (t) was entitled to snccoed benefici- ally U|i(in the death of the before-named {the in'cdecessor), and that (^u) the said {successor) is a brother {x) of the said W. B.,the predecessor from whom the said |)roperty is dedved. Dated this day of , 1 8 — . {Here sign the account) {Trustees) {y). No. CCLXXXV. Form No. 5. For Lefe Interest (Annuity) in Personal Property (z). KeGISTER OF THE YeAR 18 — . FOLIO ■ (rt). An Account of the succession of {the successor), of, &o., Grocer, upon the death oi{tlie predecessor), late of, &c., gentleman, who died on the day of , 18 — , derived from the said (predecessor), the predecessor, under (b) the will of {the predecessor), bearing date, &c., and proved, &c., delivered by B. B., as the sole executor of such will (c). Description of Property ((Q. 30 d. The interest (e) of £1000, vested in tlic 3 per cent, consols, payable during the life of the said A. B., aged year^ on his last birth- day, the price of stocks being 97r^ (/) .. Carried forward -], and bequeathed by the above-mentioned will to the said E. F., in the event of Annual Value. his surviving the said F. D., the testator's widow. Or, — devolved to the said E. F. on the death of the said A. B. intestate — or, £ with interest payable on a bond of A. A. on the death of C. D. [aged on his last birthday] — or, share of the estate and effects of R. B., left undisposed of by his will, and which was given and bequeathed by his will to R. B. the younger, and in the event of his death to me the said A. B., and D. D., and E., the wife of J. R., amounting to if) If tlie account be rendered by the successor himself, here saj" — to which I [the said A. B.] was entitled, &c. {as ahove). (u) And here say — I am a brother — -or, sister — of the said predecessor. (See the next note.) (x) Or, — is a son of a brother [or, sister] of the mother. Or, — is the daughter of a brother [nr, sister] of the mother. Or, — is a grand-daughter of a brother [or, sister]. {y) Or, — executoi — or, administrator. (z) This account for the Inhxud Revenue is to be dchvercd in dupUcate as directed, a7ite, p. 209, n. (r). (a) The duty is payable by four equal yearly instalments, the first to be p.iid twelve mouths after the successor shall have been entitled in possession, and tlie three fol- lowing instahnents at intervals of cue year each ; and if there be any delay in pay- ment, penalties wid be incurred. (h) See ante, p. 231, n. (0- (c) See ante, p. 210, n. (x). (d) If the space be insufficient for all the property comprised in the succession, a schedule should be annexed and the totals inserted in this account. (e) Or, — a moiety (or other portion) of the interest of £ — — . (/) Interest at the rate of £4 jier centum per annum is payable in all cases from the time when each instalment falls due (31 & 32 Vict. c. 24, s. 9). 234 PRACTICAL FORMS. Description of Property. Brought forward Or, one moiety (or, other portion) (g)oi the rent, for the term of years Qi), of a leaseliold (0 estate at L [aforesaid, or'] in the said county of K., now let to S. S. as a yearly tenant (/.;) at the gross rent of Deductions (see post, p. 238). Or, the average annual value of renewal fees (upon the last years) of the manor of P., in the parish of W., Berks Deductions (see jiost, p. 239). The Dividends upon £ 3 per cent. (0 consols, pay- able for tlie life of the said C. D. (m) aged years on his last birthday £30 Deductions — Income-tax .. .. .. £0 17 6 Banker's commission in coun- try cases 10 0- ■£1 7 G Or, the interest of £- bearing date the at £- day of — per cent on mortgage, 18—, from B. B. and others to the said C. D., payable during the life of the said A. B. (n), aged years on his last birthday . . . . £50 Deductions — Income-tax .. .. .. £0 19 2 Expenses of collecting . . 15 £2 4 2 Or, the interest (o) of the i\ sidue (p) of the [real and] per- sonal estate [and effects] of G. D., directed by the will to be invested in Government or real security [in England], and to which, on his decease, the said A. B. became entitled under the limitations in the above-mentioned settlement amount- ing to £30 Deductions — Income-tax .. .. £0 17 6 Expenses of collecting .. 10 £1 7 G The interest of £1000 invested on mortgage of a freehold estate at D. aforesaid (q) at £4| per cent., payable during the life of C. K., aged on his last birtliday .. The income arising from i^th shares of the ship " ," at the port of L., payable during the life of the said E. K. The dividends (r) arising from shares in the B. and D. Railway (or other company), payable during the life of the said C. K. .. Deductions — Property-tax Expenses of collecting £3 18 5 15 Anmial Value. 40 £28 £47 12 15 £28 45 25 30 £115 £106 12 16 10 8 I declare that this is a just and true account of all the property, (r/) When the duty is charcjeable on a moiety or other share, a similar proportion of the annual value must be stated in the column under the head " Anmial Value." (/i) Or, — during the minority of E. D. (i) Or, — copyhold. (k) Or, — on lease bearing date, &c. (Z) Or, — reduced — or. New 31 per Cent, (m) Or,— for the life of D. D. (n) Or,— the life of D. D. (o) Or, — dividends. (p) Or, — moiety ("V ofhrr sharv) of the residue. ((/) Or, — in the county of K. (r) Or, — income. PRACTICAL FORMS. 235 not being real estate or leasehold, to which the said {siiecessor) (s) was entitled to sncceed beneficially for life upon the death of the before-named {predecessor), and that the said {successor) was born on the day of , 18 — {t), and is a brother of {the predecessor) the predecessor from whom the said property is derived. Dated this day of , 18 — . {Eere sign the account.) B. B. {Executor) {u). No. CCLXXXVI. Form No. 6. On Eeal Property (which includes all Free- hold, Copyhold, Customary, Leasehold, and other Here- ditaments, whether Corporeal or Incorporeal) {x). Kegister OP the Year 18—. Folio . An Account of the succession in real property of {the successor), of &c., Grocer, in the county of K., upon the death of {the pirede- cessor), late, &c., gentleman {ij), who died on the day of , 18 — , derived i'rom the said {lyredecessor) the predecessor under {z) his will (a), bearing date the day of , 18 — , (s) If the account be rendered by the successor himself, this declaration must be varied accordingly. (0 The date of birth must be accurately stated, as it forms the basis for calcu- lating the duty. (m) Or, — administrator — or, trustee. (a;) This form for the Inland Eevenue should be delivered in duplicate as directed, ante, p. 209, n. (r). The duty is payable by eight equal half-yearly instalments, the first to be paid twelve months after the successor shall have been entitled in possession, and the seven following instalments at half-yearly intervals of six months each; and if there be any delay in payment, penalties will be incurred. If it is intended to pay the whole duty in advance it should be so stated, in order that the discount may be calculated. {y) Or,— upon the death of A. B., of, &c., gentleman, a co-tenant who died, &c., derived, &c. (as above). (2) Here state the title, whether under settlement, will, intestacy, or by descent, and if under any deed or other document the date thereof, and the names of the parties thereto. (a) Or, — under [by virtue of] certain indentures of appointment and release by way of settlement, bearing date respectively the and days of , 18 — , and made between, &c. Or, — under [by virtue of] a certain deed, bearing date [on or about] the day of , 18 — , and made between, &c. (as above), being an appointment by way of settlement [or, in pursuance of certain articles — or, indentui-es of settlement], bearing date, &c., and made between, &c. (os ahuvt^. Or, — under [by virtue of] a certain indenture bearing date, &c,, and made, &c., being a declaration of trust of the property hereinafter mentioned for the benefit of the said A. B., the successor, after the death of the said C. B. Or, — under [o>'by virtue of] a certain deed, bearing date, &c. (as ahon-), being a covenant to stand seised to [or for] the use and benefit of the said A. B., the successor after the death of the said C. B. Or, — by survivorship under a certain indenture of lease (or vtJicr ii^t^l rnnitnt), bearing date, &c., and made between, &c., whereby the property therein comprised was granted to me and R. B. jointly during oui- respective lives. Or, — as coparcener [or, tenant in common] under, &c. (as in the last form). Or (as to real estate) — by descent from the said C. D. Or, if so,— as purchaser of the succession of R. B. under a certain indenture of 236 PR ACTIO AL FORMS. and proved by {tlie executor), of, &c., maltster (the sole executor thereof), n\,&ii., on the day of , 18—, delivered by (&) the said (executor) (c). Description of Property (d). Saleable Value. 120 200 GO 100 40 GrossRack- rental or Annual Value. £ s. d. CO 1. Freeholds. A freeliold (e) cottage and outbuildings (all in bad repair), ■with garden aud about an acre of land, situate, &c., and now in the possession of the said A. B., to whom it was devised in fee by the above-mentioned will (/) Or, one moiety {or other share) of freehold dwelling- houses, Nos. — and — in street at W. aforesaid (g), let to A. B. and C. D. as yearly tenants, the landlord doing the repairs, at .. .. •• •• , ■" , .;;. "n . " Or, a small freehold tenement and outbuildings, all in a ruinous condition (Ji), situate and in lane, at W. afore- said, let to yearly tenants at the aggregate rent of £ , the landlord paying the rates under the Small Tenements Act .. Or, a freehold estate [called " ,"] situate at W. afore- said (0, containing acres, which devolved to the said A. B. on tlie death of the above-named B. B. intestate, and is now in tlie possession of the said A. B., and of the clear annual value A freehold rent-charge of £ in lieu of the redeemed land-tax on the foregoing property Less the principal and interest due on mortgage {or other security) from the said A. B. the predecessor, bearing date, &c., and made, &c. Or, less the value of the life interest therein of the said i?. (;/ so, the predecessor), aged on his last birthday, which is valued at . . Carried forward . . appointment, &c. {or, as the case may le, stating shortly the deed or instrument under luhich the successioJt. is claimed). {h) Here state whether trustee, &c., or successor. (c) Or, delivered by G. H,, of, &c., gentleman, as the [sole] purchaser [or, mort- gagee] of such succession. (j,-^ — t)y the widow and administratrix of the deceased. {d) It should be stated whetlier the property is let on lease, and whether at rack rent or at a ground rent, or in consiileration of a premium (in which last two cases further duty'' will be payable on the determination of the lease). If the space be not sufficient for all the property comprised in the succession, a schedule sliould be annexed and the totals inserted in this account. (e) Words denoting the tenure are not necessary, but desirable, for readily showing the nature of the ]iroperty to be considered. ry ) Or, — in tail male — or, tail general — or, in remainder after the death of C. D., aged ■ years on his last bii'thday. {(/) Or, — in the said county of K. (A) Or, — a bad state of repair. (t) Or, — in the said county of K. (j) If the duty is to be assessed on property not Jet, the amount of its assessment to the property tax must be stated as the best criterion of value, but when let, rent is considered as such criterion. When the jiroperty thus set out is all let to one ].erson, the following note should be added : — The whole of the property before men- tioned 'is let to D. b. as a yearly tenant at £ per annum, and may be fairly apportioned as above. PRACTICAL FORMS. 237 Description of Property. Brought forward . . Or, less one-tliird {or other share or shares) of B. B. [and C. BJ] therein Or, less a perpetual clear annual rent-charge [or, sum], payable to D. aged years on his lust birthday, during his life Or, less a clear annual rent-charge (A:) of £ , payable to D. D., aged years on his last birthday (?) Or, less a legacy of £ bequeathed to the said testator's son (?7!) absolutely, and c/««)'^'/'? ^/itreo/i .. Or, a freehold («) farm aud lands called — , situa t e, frc, containing, &c., now in the occupation of B,. B. as a yearly tenant (o), at the clear annual rent of £ , which hij the said will was devised to the said A. B., aged years on her last birthday, and after her death to lier sons (m) as tenants in common in fee simple (p) Or, a freehold dwelling-house, being No. 1, situate, &c., vested in D. D. and E. F. interest for B. C. for life, and after his death in trust for sale ; and after sale, as to the produce after payment of the expenses of and attending the sale, and, if so, after payment of a sum of £ then due on mortgage (or other securitij) of the property (q), in trust to divide the Bame equally between his brothers aud sisters C. D., E. D., F. D., G. D., all of whom are now living, and their issue 2. Copyholds. 1. A copyhold (r) estate of inheritance (s) called " " situate at O. aforesaid {t), and in the possession [or, occupa- tion] &c. (as above) Less, &c. (see Deductions heloic) Carried forward . . Saleable Value. 10 Gross Rack- rental or Annual Value. S. years on his last birtli- — years, commencing day of 18—] at (^') Or, — anntdty. (?) Or, — payable to D. D. during the life of J. D., aged day. (w) Or, daughter. ('/<) Or, — under a lease [or, an agreement for a lease] for [or, if nrcirly clasped, expiring] at next [or, on the the yearly rent of £ . (o) Or, — at the annual rent, less the lord's rent, land, and property tax, amounting to £ or, less the following deductions [stating them'] amounting to £ . (p) Or, — devised by the will absolutely to the said A. B. on the death of G. B., aged years on his last birthday. Or, — limited by the above-mentioned settlement (or other document) to the said A. B. absolutely after the death of B. B., upon trusts for sale, and to pay the pro- duce thereof, after deducting all expenses of and attending the sale, equally between D. B., E. B., F. B., and G. B., their children. {q) Or,- — after payment of a legacy to P. (or other payment), (r) Or, — customary. (s) Or, — a copyhold mill — or, dwelling-house, orchard, and garden (or, as the case may be). (<) Or, in the county of K. 238 PRACTICAL FORMS. Description of Property. Saleable Value. Gross Kack- rental or Annual Value. Brought forward . , 2. A moiety (or other portion) of a close of cojnjliold land, called " ," containing acres, situate, &c., now held of the manor of D. for ray widowhood (ii) and in the possession [or, occupation], &c. (a;) Less, &c. (see Deductions below) 3. A copijhold tenement and lands called " ," contain- ing (t/), situate, &c., and now held for the lives of E. F., aged , and G. H., aged , at the death of the said (predecessor) Less, &c. (see Deductions helow) £ 35 10 s. d. £ 8. d. 3. Leaseholds. 1. A leaseJiold estate (or, other property as before described) containing, &c., situate, &c., and now held, &c. {if for lives, state as above), &,n(\. lei, kc. (as above) Less, &c. (see Deductions beloiv) Or, a leasehold dwelling-house, being No. — , in street, in the city of W. (z), now held for the residue of a term of years determinable with the lives of A. A., aged years, and B. B., aged years, on their last respective birthdays — or, at the death of (the predecessor), and in the occupation of , valued at Less, &c. (see Deductions beloic) 2. One moiety (a) of a leasehold close of land, situate, &c., held for the residue of a term of years absolute (if recently granted), commencing on the day of , 18 — , [or if not, say — of which were unexpired on the day of last], and now in the possession (I)), &c. 3. A freehold titlie rent-charge issuing out of the foregoing and other lands called, &c., situate, &c., apportioned at £ . Deductions (c). Capital. Annual Payments. No. 1. — Lord's rent Chase rent .. Land-tax .. No. 2. — Kepairs [being the actual average for the last years since the present letting (or, tenancy)] Insurance .. Quit rent . . Land-tax .. £ s. d. £ S. d. Carried forward . . (n) Or, — for the lives of A. A., aged years, and B. B., aged on their last respective birthdays, in the event of my surviving B. B., aged . (x) Or, — in the occupation of W. W. (y) Or, — dwelling-house (or other property, as above). (z) Or, — at N. aforesaid. (a) Or, — one-eighteenth — or — one-sixth of one-third (or other share). (b) Or, — occupation. (c) That is, necessary outgoings, in case the same arc payable by the owner and not by the tenant. The following arc the Deductions usually made in regard to Free- PRACTICAL FORMS. 239 Deductions. Capital. Annual Payinciits. Brought forward . . No. 3. — Customary rent Lord's rent Land-tax .. Annuities {if any) to whieh the property is subject . . Interest of incumbrances ((Z) £ s. d. £ 8. d. Total Total gross annual value . . . . £ Total annual value of deductions . , £ Net annual value £ I declare that this is a just and true account of all the succession in real and leasehold property of (the successor) (e), upon the death of the before-named (predecessor), and that the said was born on the day of , 18 — , and (/) is a brother of the said Q;re- decessor), the predecessor from whom the said property is derived. Dated this day of , 18 — . (Here sign the account.) (Executor) (g). No. CCLXXXVII. FoKM No. 7. For Second and Subsequent Instalments of Succession Duty on Keal Property (h). Register OF the year 18- FOLIO The succession of (i) died on the — of upon the death of who day of , 18 — , derived from , the pre- holds. — Perpetual rent-charges, annuities ; * fire insurance ; land-tax ; f rates payable by the landlord ; tithes, if not paid by the tenant ; repairs ; allowance to the tenant for draining, &c. Copyholds and Leaseholds. — Annuities ; % rent charges ; lord's (o7' other) rents; heriots (if payable); fines; reliefs; land-tax ; § repairs; fire insurance; rates payable by the landlord; tithes (if not payable by the tenants). If the space be not sufficient for all the deductions claimed, a schedule should be annexed and the totals inserted in this account. ((Z) A schedule containing short particulars of each incumbrance, and the names of the persons by whom it was created, should be annexed. 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 any costs iucurred in litigating the title to the property. (e) For variations see the previous Declarations. (/) Or, — is a widow of a son of a brother of the mother of the said M. M. (,(/) Or, — trustee. (/i) This form is to be delivered as directed at p. 209, n. (»•). (i) Fill in the details, as in Form No. 6. * Interest upon mortgages and other securities not allowed, as it is previously payable out of the j^^i^sonal estate. But a commission for collecting is usually allowed. t Property tax is not allowed. t lb. § lb. 240 PRACTICAL FORMS. decessor under (k) , for which duty was assessed on the day of 18 — , on an annual value of £ as shewn by an account delivered by (I). The value for a life of years is £ , aud the amount of duty as assessed at £ per cent. The instalment (being an eijj,hth part thereof {m)) now due j on £ (k) ,. ,. ,. .. .. ,, ../ 1 d. LICENCES. No. CCLXXXVIII. To alienate Lifeholds and assign Leaseholds (o). License is hereby granted to (the assignor), of &c., Grocer, to sell and convey {p) unto {the purchaser), of &c., maltster, his heirs and assigns absolutely {q), all the estate [term] and interest of him the said (assignor) of and in All that dwelling-house, with tlie outbuildings and garden and appurtenances thereunto adjoining and belonging (r), 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 (s) lives of \]iere 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 cove- nants, conditions, and agreements in the said lease reserved and contained, and on the part of the lessee to be paid, observed, and per- formed Provided always that this licence shall not authorize any future sale or conveyance (t) of the said premises, or any part thereof, without a similar licence, in writing, from the said (lessor), his heirs or assigns, or his or their steward for the time being. Dated, &c. {k) See n. (z), p. 235. (0 See n. (/;), p. 236. (m) See n. (x), p. 235. (n) Interest at the rate of £4 per centum per annum is payable in all cases from the time when each instalment falls due (31 & 32 Vict. c. 124, s. 9). (o) The foregoius; license must, when required by the lease, be in writing, in order to guard against forfeiture ; as to which see the 22 & 23 Vict. c. 35, and the 44 & 45 Vict. c. 41, s. 14. Care should be taken to see that by the lease a steward or agent is authorized to grant the license or it will be ineffectual. In some leases only the lessor's name is inserted for this purpose; No stamp required. (p) ^^1% if leasehold — to assign and transfer unto (the ]purc]iaser) Ms executors, administrators, and assigns. (7) Or, if so — by way of mortgage. ' (r) Or, — All that close of laud called " ," &o., with its appui-tenances, situate, &c. (s) Or, — for the term of years now determinable with the said lives — or, the lives of, &o. (stating them). (0 (Jr, if leasehold — transfer. PRACTICAL FORMS. 241 No. CCLXXXIX. To use a Patented Limntion (u). Wheeeas Letters Patent for the United Kingdom of Groat ]>ritain and Ireland, dated, &c., and numbered , were granted unto (tlie iMtentee) {v) for the exchisive privilege of preparing [niHUU- facturiiig], using, and vending a certnin invention of \]iere state the subject of the imtent in the ivords of the letters imtent {x)~\ as appears by the registry thereof in the Patent Office, ou the day of , Oue thousand eight hundred and . And whereas the said (grantor) has, in consideration of pounds (?/), agreed to give and grant unto the said {licensee) leave and licence and the [sole (z) ] right to exercise, practice, and nse tlie said invention within the [district of the] said county of W. (a) for his own [exclusive (h) ] use and benefit : Now these presents witness that, in consideration of [the sum of] pounds sterling, now paid (c) by the said (licensee) to the said {(jrantor), who [hereby] acknowledges the receipt thereof, He, the said {grantor) Doth hereby give and grant unto him, the said (licensee), who hereby accepts, All that the full and [exclusive] right, power, piivilege, licence, and authority conferred by the said letters patent, to use, exercise, and practice the said invention within the said [district of] county of W. {d) ; [but not elsewhere], for his own absolute use and benefit. During the whole of the unexpired term granted by the said letters patent, in as full, ample [exclusive], and beneficial a manner as the (m) Stamp 10s. Tlie licence must be under seal; see wording as to forbidding the use of the patented invention except with "the consent, licence, or aureement of the said patentee in writing:; under his hand and seal." Form of Patent, Form D., in first Schedule of 46 & 47 Vict, c. 57 (Patents, Designs, and Trade Marks Act, 1883). (ii) 0?',— inventor. (cc) As, if photographers, — a valuable and improved method of applying colours to alburaenized and other surfaces — or, if wood, — for rendering wood more durable and uninflammable {or, «.s the case rruiy he}. If the benefit of the patent lias been assigned, here add — which said letters patent, with the rights, privileges, and benefits pertaining thereto, have, by an indenture dated, &c., and made, &c., been wholly assigned to, and is now solely and absolutely vested in the said {(issiijnee) ; and such assignment was, on the day of last, duly registered in the Patent Office. {y) if payable by instalments, here add — payable by instalments as hereinafter mentioned. {z) Or, — limited. (a) Or, other district as— the Eastern {or other) Counties, namely {here state them). {h) If not exclusive, omit the word here and below. (c) Or, if part be payable by instahiients, lure add — and of the further sum of pounds to be paid by the following instalments {siutiu;/ thvm. as\ namely, the sum of pounds, on the day of — next, — the fm-ther sum of pounds on the day of next, — and the further sum of pounds ou the day of next. {d) Or, — the district aforesaid. R 242 PRACTICAL FORMS. same could or might have been held, used, exercised, and enjoyed by the said {grantor) ii this licence had not been granted (e). Together with all other rights, powers, privileges, profits, emolu- ments, and advantages whatsoever to be derived from, or incident or appertaiiiing to the said invention (/). And the said {grantor) hereby agrees with the said {licensee), that {g) he will instruct him, or cause him, or any one competent person to be appointed by him, to be instructed in the use and appli'-ation of the said invention and art ; And also that he will at the request and expense of the said {licensee), at any time hereafter, during the said term, assign and transfer the licence, rights, powers, and authorities hereinbefore mentioned unto the q-a\ — i^ the gentleman, residing at A., who, on the of instant — or, last — left his horse and carriage (ar, ofhcr jiropnii/) at the hotel, at D., Herts, do not take the same away and pay my charges by the instant, they will be sold, &c. ((/,s (ihove). Jf the name of the owner or person who deposited or left the chattel be known, it nm.st be stated. PRACTICAL FORMS. 249 No. CCXCIX. Of Dissolution of Co-partnership. Notice is hereby given, that the partnership heretofore existing (r) between us the undersigned {naming the jxirties), in the trade or business of (naming it) carried on by us (s) at W., in the county of D., under the firm of " W. K. and Co.," was dissolved (t) on the day of instant, by effluxion of time (u). All debts duo to and owing by the late firm will be received and paid by the under- signed {continuing imrtners), by whom the business will in future be carried on at W. aforesaid, [under the style or firm of " W. and Co."] {y). Dated this day of , 18 — . No. CCC. Of the continuation of a Business by a Surviving Partner, Mb. {the continuing 'partner) [of, &c.. Draper], begs to take this opportunity of announcing to his friends and customers, that the death of his late partner, Mr. {the deceased x>artner), will not in any way affect the conduct of the business of Drapers {£) carried on by them in D. street in S. aforesaid ; And that the same will be carried on by him, as heretofore, under the firm of " A. B. & Co." {a) [for the joint interest of himself and the representatives of his late partner (6)], in D. street, at F. aforesaid (c). D . {Date.) (r) Or, — subsisting. (s) Or, — lately carried on. it) Or, — has this day been dissolved by mntual consent. (u) If as to one partner only, here add — as to K. K. — or, was on the day of last — or, instant — dissolved by the death of R, K. ; whose will was duly proved in [the District Registry of] the Probate Division of the High Court of Justice [at B.] on the day of last, and probate thereof was granted to us, the undersigned {the executors), the executors therein named. Cv) It is usual to add here — And aU debts due to, and all the debts and liabilities of the said firm [if continuin at H., Kent. J No. CCCIV. {Preliminary) To Creditors to furnish Claims against a Deceased Person (ii). 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 send to me [the undersigned] at my office, at C. aforesaid, full parti- culars of such claims or demands, on or before the day of next, in order that the same may be examined by the executor of her will (o), and, if found correct, duly discharged (p). Dated this day of , 18 — . H. M., Solicitor to the executor. No. CCCV. By an Executor or Administrator to Creditors before final distribution of the Assets (q). J B , deceased. — Pursuant to the provisions of an Act of Parliament, of the 22 & 23 Vict. c. 35, intituled " An Act to further (?0 This form may be conveniently used to enable the executor or administrator, he/ore apclyini; for probate or letters of administration, to state the amount required to be furnished with the alhdavit for the Inland Uevenue Department. (o) Or, — administrator. (p) Here can, and should be added, when desirable — And all persons indebted to the said deceased — or, estate— are requested to pay the amount of their respective debts to the said executor— c/', administrator — or, to me {or other person). (q) 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 252 PRACTICAL FORMS. amend the Law of Property, and to relieve Trusters," 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 ^. jiear , in the county of r,* 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 (r) Kegistry of the Probate DivisJion of the High Court of Justice on the day of last, by a]2d , Esqs., two of the executors named in the said will and codicils) (s), are hereby required to send in particulars in writing of their debts, claims or demands to us (t), the under- signed, on or before the day of next, and notice is hereby further given that at the expiration of such time the said executors (u) will proceed to administer the estate and flistribute 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 (x) will not be liable for the assets of the said deceased, or any part thereof, so dis- tributed, to any person or persons of whose claim or demand they shall then not have had notice. Dx\TED this day of , 18 — . (Name of solicitor and address.) Solicitors for the said executors (y). No. CCCVI. To Creditors j^ending an Administration Action (^). PuESUANT to an order (a) of the High Court of Justice, Chancery Division, made in the matter of the estate of , decea'^ed, and in an action, 18 , — , No. — , A. B. against C. D., widow (&), and another, the creditors of , late of No. — , street, , in the county of , Grocer, (c), who died in or about the month of , 18 — , are on or before the day of , claimant to follow 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. (r) Or, — District. (s) Or, — administration of whose estate and effects was granted to of , in the county of , on the day of , 18—, by the principal — m; district — registry (*/ district, add at ) of the Probate Division of the High Court of Justice. (t) Or, —to the said and , or, to one of them— or, to us the undersigned, their solicitors. (u) Or, — administrator, (x) Or, — administrator. {y) Or, — administrator. (z) This is the usual form inserted as an advertisement in the ucwsp!ii)crs. (a) Or, — judgment. lb) Or, as the case may be. (c) Or, as the case may be. PRACTICAL FORMS. 253 18 — , to sond by post prepaid to H , of No. , W- London, E.G., tlio solicitor of the defendant C D., widow, the administratrix (cZ) of the deceased, their Christian and surname, addresses and descriptions, the full particulars of their chiims, a state- ment of tlieir accounts, and the nature of the securities (if any) hehl by them, or in default thereof they will be peremptorily excluded from the benefit of the said order (e). Every creditor holding any security is to produce the same before Rlr. 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 appointed for adjudication on the claims. Dated this day of , 18 — . Chief Clerk. Solicitor, of, &c. No. CCCVII. To Claimants other than Credit07\s. Pursuant to an order (/) 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 (g) to , late of , in the county of , who died on or about the month of (h), 18 — , are in person, or 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 benefit of the said order (i). day, the day of , 18 — , at o'clock in the noon at the said Chambers, is appointed for hearing and adjudicating upon the said claims. Dated this day of , 18 — . Chief Clerk (h). (d) Or, — executrix — or, as the case may be. (e) Or, — judgment. (/) 0/-,— judgment. (oint new Trustee. In the, &c. {as at jp. 258). J J the ofiicial receiver in the above matter, hereby give you notice that a meeting of creditors will be held at , on the day 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 ofiioe {y). Dated the day of , 18 — . Official Receiver. To {creditor). (f) Or, — scheme. (u) Tlie notice must also be sent to the official receiver : see Bankruptcy Act, 18«3, s. 18 (4). (,,;) Or, — official receiver. (,y^ Or, — who has died— or, has become bankrupt. PRACTICAL FORMS. 261 No. CCCXXIII. By Trustee of intention to Disclaim Lease. In the, &c. (as at p. 258). Take notice that I intend to disclaim the lease dated the day of , 18 — , whereby (z) was let to the above-named debtor at a rent of £ . If you do not within seven days after service of this notice upon you require me by notice in writing to bring the matter before the Court, I hereby disclaim the said lease as from the expiration of the said seven da}'S. Dated the day of , 18 — . Trustee. To Mr. (lessor). No. CCCXXIV. Of Intention to declare Dividend. In the, &c. {as at p. 258). A 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. Creditors who have not proved their debts by the day of , 18 — , will be excluded from this dividend. Dated the day of , 18 — . To . Trustee. {Address.) No. CCCXXV. Of Intention to declare F'inal Dividend (a). In the, &c. {as at p. 258). A final dividend is intended to be declared in the above matter. 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, you will be excluded from dividend. Dated the day of , 18 — . To . Trustee. (Address.) (z) Here specify property. (a) For the form of notice of dividend and the form of statement to accompany notice of dividend, see Forms Noa. 79 and 80, Baukniptc^v Act, 1883. 262 PRACTICAL FORMS. No. CCCXXVI. Of Dividend (b). Ill the, &c. (as at p. 258). 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 subsequent Monday, between the hours of . 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 receipt (e) and authority {d), when a cheque payable to your order will be delivered to the bearer (e). {Trustee's signature.) To {a creditor). (h) See No. 80 of the Bankruptcy Forms, 1883. (c) For the form of receipt, see 2^ost, title " Receipts." {(i) For the form of authority, see ante. No. CIX., p. 60. (e) This notice of dividend is to be accompanied by the following statement — In the, &c. («s above). Statement showing the position of the estate at date of declared [first] dividend : — 1884. Jan. 4. to Apr. 30. Dr. Or. To total receipts from date of receiving order \_or, declaration of first dividend] to date. s. 1884. Jan. 4. to Apr. 30. By payments ,, fees, costs, and charges under Rule 104 ,, preferential dehts paid . . \^Add any other par- ticulars which may seem necessary."] By amount of dividend of in £ on proofs admitted for £— ,, Balance carried forward Assets not yet realised estimated to produce £ s. d. Creditors can obtain any further information by inquiry at the office of the official receiver or trustee of . PRACTICAL FOimS. 263 No. CCCXXVII. To Creditors of Debtor s AiypUcation for Discharge. No. , of 18—. In the High Court of Justice (/). In Bankruptcy. Ee {the debtor). Take notice that the bankrupt , of , has apph'ed to the Court for his discharge, and that the Court has fixed the day of , 18 — , at o'clock, for hearing the application {g). Official Keceiver. To {a creditor). No. CCCXXVIII. To Sheriff of Rent due to Landlord of Execution Debtor (Ji). To THE Sheriff of the county of , and to his under-sheriff and bailiffs, and all others whom it may concern. Whereas I have been informed that you have taken the goods of (the defendant) in the house occupied by him at W., under and by virtue of a warrant of execution issued from the Queen's Bench Division of the High Court of Justice : Now {h) I hereby give you AND each of you NOTICE that the said (defendant) rents and holds the said house, with the appurtenances, of me as tenant from year to year [from the day of , 18 — ], at the annual rent of pounds payable yearly (I), and that I now claim the sum of pounds, being one year's (m) rent of the said premises, which became due to me on the day of last, and is now in arrear and unpaid. Dated, &c. (Signature.) (/) Or, — in the County Court of holden at . {(j) The provisions of s. 28 of the Bankruptcy Act, 1883, are to be printed on the back of this notice. Qi) See 8 Anne, c. 14, s. 1. {];) ]f given by a steward or agent, here say — as the solicitor — or, agent — for and on behalf of D. C, the landlord of the said premises, I hereby, &c. {as abuue). (I) Or, — half-yearly — or, quarterly. The sherilf is bouud to pay only one year's rent, (7/1) Or, — half — or, a quarter of a year's rent. 264 PB ACTIO AL FORMS. No. CCCXXIX. To Bailiff of County Court of Landlord's Claim for Rent (n). To Mr. , the High Bailiff of the County Court of , holden at , and to his bailiff and officers, and all others whom it may concern. I HEREBY GIVE YOU AND EACH OF YOU NOTICE that I claim the SUm of pounds, to be due from {the defendant), of S., in the county of D., Grocer, for arrears of rent which became due from him to me on the day of (o) last for tlie premises in his occupation at S. aforesaid, and which he rents and holds of me as a yearly (p) tenant at the annual {p) rent of pounds. Dated this day of , 18 — . [Signature.) No. CCCXXX. To determine a Lease., pursuant to a Proviso therein. To Mr. A. B. In pursuance of the {q) lease, bearing date, &c., granted by me the undersigned (landlord), of, &c., to you the under-named {tenant), of All that farm, lands, and hereditaments, commonly called or known by the name of ** Gore Farm," situate, &c., and now in your occupation, and of the proviso therein contained for making void such lease at the expiration of the first seven {r) years of the term of years thereby granted, — 1 hereby (s) give you notice to quit and deliver up to me {t), or to such person as I {u) shall appoint, on the day of next, the peaceable posset'Sion of the said farm, lands, and hereditaments, and to leave the said premises in good repair, order, and condition, in all respects according to the covenant on your part for that purpose contained in the said lease. Dated this day of , 18 — . {Landlord.) (n) The landlord can, under the County Courts Act, 185B (19 & 20 Vict. c. 108), s. 75, claim only one year's rent when the projierty is let by the year, two payments when let for less than a year, and four weeks' when let by the week. This notice must be given within Jive clear days next after the levy, and before the goods are removed. {o) Or, — at last. (p) Or, — quarterly — or, monthly — or, weekly — tenant. {q) Or, — of a [certain indenture of] lease bearing date, &c., granted by A. B., of, &o., Esquire, to you — or, if assigned, to {the oric/inal lessee), then of D. aforesaid [but now of, &c.], Yeoman, and by him assigned to you. (r) Or, — fourteen (or other 2Jeriod). (s) If given by a solicitor or agent, see ante, n. (4). (0 0?,— him. ('f) Or, — he. PRACTICAL FORMS. 265 No. CCCXXXI. To Quit by Landlord to Tenant from year to year. I the undersigned hereby {x) give you {y) notice to quit and deliver up possession of all that house (2) and premises, with the appurtenances, situate and being No. , street (a), in the p;irish of , in the county of , held by you of me (h), as tenant thereof, on the day of next (c). Dated this day of , 18 — . {Signature.) To Mr. (tenant) (d). No. CCCXXXII. Same by Tenant to Landloi^d Sir, I hereby (e) give you notice that I shall (/) quit and deliver up possession of the house {g) and premises, with the appurtenances, situate and being No. , — street Qi), in the parish of , in the county of , now held by me {i) as your tenant thereof, on the day of next. Dated this day of , 18 — . Yours, &c., {Signature) {h). To Mr. {landlord). (x) Or (if the notice is given by an agent) add — as agent for and on behalf of Esq., your landlord, tliongh this is not essential in the case of a general agent : Jones V. Fldpps, L. K. 3 Q. B. 567. (?/) If several tenants, add — and each of yon. (2) Or, — farm, land — or, as the case may be. (a) Or, — situate at . \h) Or,— of Mm. (c) If the date of the commencement of the tenancy is not known accurately, then add — or, at the expiration of the year of your tenancy — [or, your respective tenancies] which wiU expire next after the end of one half-year from the service of this notice. (d) This notice should be served on the immediate tenant, not on a sub-tenant, and if served personally it need not be addressed to him by name. In the case of a tenancy from year to year a notice to quit in writing is a sufficient demand and notice to satisfy the statute (4 Geo. 2, c. 28), and enable the landlord to claim double value. (e) Or (if signed by an authorized agent), add — as agent for and on behalf of Mr. , your tenant. (/) Or,— he wiU. (.9) Or, — farm, land — or, as the case may be. Qi) Or, — situate at . (0 Or, — him. (k) If signed by the agent, add — agent for the above-named (tenant). > 266 PRACTICAL FORMS. No. CCCXXXIII. To Tenant to deliver up Possession pursuant to 1 (^ 2 Vict. c. 74 Q). I {owner), (m), do hereby give you notice that, unless peaceable possession of the tenement {n), situate , which was held of me (o) under a tenancy which expired on the day of (jp), and which tenement is now held over and detained {q), be given to (r) on or before the expiration of seven clear days from the service of this notice, I, , shall on next, the day of , at of the clock of the same day, at (s), apply to Her Majesty's justices of the peace acting for the district of {t) in petty sessions assembled, to issue their warrant directing the con- stables of the said district to enter and take possession of the said tenement, and to eject any person therefrom. Dated this day of , 18 — . {Signature) {u). To Mr. . No. CCCXXXIV. By Executors to quit a Farm. To Mr. {the tenant), of, &c.. Yeoman. We, the undersigned {executors), {x), of, &c. {describing each sepa- rately) {y), as executors of the will of {the testator), late of, &c.. Grocer, HEREBY GIVE YOU NOTICE to quit and deliver up to us, as such executors {z) as aforesaid, or to such person or persons as we shall appoint, on the day of next, the peaceable possession of the farm and lands (a) called " ," which you rented of the said (T) See Form No. 1 in Schedule to this Act. (m) Or, — agent to , the owner. (n) Shortly describing it. (o) Or, — of the said (oivner). (p\ Q,-^ — xmder a tenancy from year to year, which was determined by notice to quit, from the said (owner), on the, &c. (q) From me — or, from the said (owner). (r) The owner or agent, as the case may be. (s) The place where the application is to be made must be mentioned : see Belaney V. Fox, 1 C. B. N. S. 166. (t) Being the district, division, or place in which the said tenement, or any part thereof, is situate. (u) Of owner or agent, and if agent, add — agent of the owner. (3.) Qy^ — trustees — or, devisees in trust under, &c. {y) If there is any inconvenience in all signing, then, as one of several executors or administrators is competent to give a notice to (juit on behalf of all (Cole, " Eject," p. 42), say — I, the undersigned (executor), on behalf of self and (naming the other executors). (2-) Qr^ — trustees — or, devisees in trust under, &c. (n) This description is sufficient ; but, if desired, say : — the farmhouse, with the outbuildings, yards, orchard, gardens and hereditaments, and the easements and appur- tenances thereto belonging, which, &c. PRACTICAL FORMS. 267 {the testator), and wliich are now in your occupation, situate at , in the county of . Dated this day of , one thousand eight hundred and . {Signatures.) No. CCCXXXV. To quit by a Vendor — on a Sale. To Mr. {the tenant), of, &c., Draper. I, the undersigned {the landlord), of, &c., Grocer, hereby give YOU NOTICE to quit, on the day of next, the dwelling- house, buildings, and garden (5), with the appurtenances, which you rent [or hold] of me, situate at, &c. (c) : And I hereby authorize and request you to deliver up the peaceable possession thereof to Mr. {the purchaser), of, &c.. Maltster, to whom I have sold and conveyed {d) the same, or to such person or persons as shall be authorized by him [for that purpose] : and for so doing, this shall be [to you] a sufficient authority. Dated this day of , 18 — . {Signature.) No. CCCXXXVI. To Lessee to Repair preparatory to enforcing Right of Re-entry {e). To {lessee) the lessee of the house, buildings (/) and premises, situate at , comprised in a [an indenture of] lease dated the day of , 18 — , and made between of the one part and of the other part. Whereas by the aforesaid [indenture of] lease, you the above-named lessee covenanted . . . . {g): And whereas the above-mentioned (V) Or, as the case may be. (c) See the preceding forms. (d) If not yet conveyed, instead of the \Yords — sold and conveyed, substitute — sold and intend to convey. (e) See Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 14;" and as to service of the notice, see s. 67 of the same Act. (/) Or, other description of the property. (v) Set out the covenant for breach of which the right of re-entry is to be enforced. If the party giving the notice is not the original lessor, his derivative title must be shown, as — and whereas by an assignment dated the day of , 18^, and made between the (h'ssor) and , the said lessor did assign all his reversion of and in the said premises to the said . If the covenant requires notice to repair to be given, here add — and whereas I (or, as the case may be), did on the day of , 18—, give or leave notice in writing on the said premises requiring the repairs therein mentioned to be done within months. 268 PRACTICAL FORMS. covenant has been broken, and the particular breaches which are complained of are the committing or allowing the dilapidations set out in the schedule hereto {h) : Now I, the undersigned (^), hereby give you notice and require you within months {k) to remedy all the aforesaid breaches, and to make me compensation in money for such breaches of covenant (I). Dated this day of , 18 — . {Signature.) The Schedule above referred to. No. CCCXXXVII. To 7'epair Fences. To Mr. {the tena^it), of, &c., Yeoman. I, the undersigned {landlord), of, &c., Yeoman, hereby give you NOTICE, that, in consequence of your having so long neglected to re- pair the hedges and fences, of, and belonging to a certain field called " S. Mead," situate at, &c., abutting a field there, called " The Furlongs," now in my occupation, my cattle are constantly stray- ing or escaping from my said field, into, upon, and over yours, whereby such cattle is exposed to considerable [risk and] danger of accidents and loss, and I am })ut to additional trouble and inconveni- ence, as well as expense, in guarding them ; and such risk and danger is greatly increased by your having improperly deepened and widened the ditches adjoining my said field, called " The Furlongs" ; in doing which you have likewise trespassed and encroached upon my land : Now [as you have not thought proper to attend to my repeated requests to repair the said hedges and fences, and to restore the said ditches to their former state and width] I hereby give you further notice, that unless you, on or before the day of instant, so repair the said hedges and fences, as to prevent my cattle from straying or escaping from my said field into, upon, or over your said fields as aforesaid, and unless you also repair and restore the said ditches to their proper state and width, I shall, without further notice, take such steps as I may be advised for obtaining a speedy removal of, and redress for such grievances. Dated this day of , 18 — . Yours, &c. {Signature.) (h) Or, — the particular breaches complained of are that you did not in the par- ticulars and respects set forth in the schedule hereunto annexed well and sufficiently repair, uphold, &o. (in tlie terms ol' the covenant). (i) 'J'he lessor, or, as the case may be, (k) Insert a reasonable time. (/) It is not necessary, but a fixed sum may be named, as — which compensation I compute at £ . PRACTICAL FORMS. 2C9 No. CCCXXXVIII. To remove Windfalls. To Mr. A. B., of, &c., Yeoman. Several branches having, during the Lite tempest, fallen from your {m) trees upon my field, called " The Parks," and I, the under- signed J. C, of, &c.. Yeoman, having been obliged to remove them therefrom, beg to inform you that they are now in the yard (w), near my dwelling-house at W. aforesaid, and that such of them as belong to you (o) shall be there delivered to you [p) provided an application be made to me for them, witiiin days from this time ; but in default thereof, they will be sold to defray the damages and expenses incurred. Yours, &c., J.C. No. CCCXXXIX. To cut Trees^ overhanging another s Premises. To C. H., of W., in the county of K. I, the undersigned W. J., of, &c., Grocer {q), the owner of a dwelling- house, outbuildings, and lands, situate at W. aforesaid, at or near a place there called " " and in the occupation of T. W., and ad- joining to lands there belonging to you (r) hereby give tjou and each of you NOTICE that certain trees now growing on your said lands over- hang and injure my said dwelling-house and buildings ; And I (s) therefore hereby give you further notice, and require you, on or before the day of — next, to lop and trim off, and remove so mucli and such parts of the said trees as so overhang and injure my (t) said dwelling-house and buildings ; And that, in failure thereof, I (s) 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 sucli grievance and injury. Dated this day of , 18 — . {Signature.) (m) Or, — trees on lands — or, in a close, called " Close," in your occupatior, situate at, &c. (?i) Or, othsr place. (u) Or, — your landlord. (p) Or, — Mm. (9) If given by an agent or representative, see p. 2GG, n. (w\ (r) Or, if so, — to you as such trustees as aforesaid. (s) Or, — we give you and each of you. (f) Of,— our. 270 PRACTICAL FORMS No. CCCXL. Of an anticipated Nuisance (u). To Mr. A. B., of, &c., Ironfounder. I, the undersigned 0. D., of, &c.. Builder, the occupier of a work- shop and prercises adjoining the lands and buildings in your occupa- tion, situate near to, or abutting on a certain [turnpike] road in the said parish called the " Western (or other) Eoad," herehj give you NOTICE that the blasting or other furnace now erected (x) on the said premises in your occupation, is likely to become and be a nuisance to me and [and my workmen and] to my said workshop and premises, and also dangerous thereto and to my tools and effects therein ; And / therefore give you further notice that, in the event of the same becoming a nuisance to me or [my workmen, 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 progress of the erection of the said furnace or, for causing the same to be removed and for such damage as may be occasioned thereby, or otherwise, in respect thereof. Dated this day of , 18 — . (Signature.) No. CCCXLI. To prevent Obstruction of a Window. To {the trespasser), of, &c.. Grocer. I, the undei signed {complainant), of, &c., Draper, hereby give you NOTICE, that the wooden house or building erected or now beiug erected by you opposite the parlour {y) window belonging to the dwelling-house in the street aforesaid, now in my renting and occupation, occasions an obstruction to, and diminution of 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 (w) 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 ; in which cases the inclination of the Courts is to make the payment of such expense, or a fair proportion oi it, a condition for the desired relief. (x) Or, — now being erected. (?/) Or,— kitchen — or, other window. PRACTICAL FORMS. 271 service {z) 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 , 18 — . {Signature.) No. CCCXLII. To remove a Building Encroachment. To i\rr. A. B., of, &c., Builder. I, the undersigned, C. D. (a), 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 (b) 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 laud : xInd [I give you further notice also] to remove, within the time aforesaid, all other obstructions and nuisances to my said property occasioned, created, or continued by you : And I give you further notice tliat iti default of your com- plying with tliesH 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 reason, or in consequence of all or any of the encroachments, obstructions, or nuisances aforesaid. Dated this day of , 18 — . {Signature.) No. CCCXLIII. Notice to remove Obstructions and Nuisances. To Mr. A. B., of, &c.. Builder. I (c), 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 {d), which have been placed upon and against the wall belonging to me, which divides your ])roperty from mine, situate in street, in E. aforesaid, antl such of the fence of your garden (e) as overhangs my land there adjoining yours ; And also [I give you notice] to remove, within the time afore- (z) Or, — date. (a) If given by an agent, add : as agent of E. F., of, &c. (6) Or, — scaffolding. (c) If given by an agent, see n. (a) above. (d) Or, — timber (or other fhinga'). (e) Or, — eaves of your buildings. 272 PRACTICAL FORMS. said, all other obstructions and nuisances to my said property occa- sione;], created, or continued by you. consisting of, &c. (/) : And I GIVE YOU FURTHEK NOTICE, that in default, &('. (as in the last form). {Signature.) No. CCCXLIV. By an Owner to a Trespasser not to Tresjyass on Land. To Mr. (the trespasser), of, &c., Grocer. I (g), the undersigned, A. B., of, &c., Draper, hereby give you (h) NOTICE, not to trespass on any land (i) or property belonging to me (k), situate at D , in the county of S , or elsewhere (Z) [under any pretence or pretext whatever] ; And that if you (m) do so after being served with this notice, you will be deemed a wilful tres- passer (n) and dealt with accorditgly. Dated this day of 18 — . (Signature.) No. CCCXLV. Not to Trespass in a Garden or on Buildings. To Mr. (the trespasser), of, &c., Grocer. I (o), the undersigned, A. B., of, &c.. Maltster, hereby give you NOTICE that if you, or any person or persons employed by, or acting (/) Here specify, in like manner, any other grievance, whicli exists, snch as— water tkrown from the shoots round the southernmost (or other) part of youi- 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 (describing 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 — or, pump — boat (or other thing, naiaing it). (g) If given by several persons interested in the property, as trustees, or otherwise, here say— We hereby, &c. (as above). If f;iven liy a solicitor, steward, or ajzent, here say — as the solicitor — or, steward — or, agent^for, and on behalf of (the proprietor of the property) 1 hereby, &c. (as above). (h) If given to several, here say — you and each of you — insertin.j; their names and addresses at the head. (i) If so, — coppices and coverts. /yt) Qy^ — in. my occupation — or, in the occupation of A. B., my tenant. If piven by a tenant, instead of " belonging to me," substitute— belonging to A. B., Esquire, and in my renting and occupation. (0 If given to a j^portsman or pioacher, here add— for the purpose of hunting, shooting [fishing] or sporting thereon, or for any other purpose, or under any pretext whatsoever. (?») If several persons, here add — you or any or either of you. (71) Or, — trespassers. (o) When given by an agmt, see anfr, u. (7). PRACTICAL FORMS. 273 for you [venture again to (^) 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 ad\ised {q). Dated this day of 18 — . {Signature,) No. CCCXLVI. By a Renter of Rights of Sporting or to Trespassers not to Trespass. To (the trespasser), of, &c., Esquire. I, the undersigned {the oivner), of, &c., hereby give you notice not to (r) enter, or trespass upon any or either of the lands (s) situate in the parish of A. (t), in the County of D., or elsewhere, belonging to me {u), and that in case of your {x) so doing after the service of this notice, the necessary legal proceedings will be taken against you in respect thereof {y). Dated this day of 18 — . {Signature.) No. CCC'XLVII. Of a Reward offered for the Apprehension of Depredators. rOUNDS KEWARD. Notice is hereby given that any person or persons found cutting or otherwise damaging thw trees and shrubs (z), {or other iiroperty) (p) The words witliiu brackets should be used when a second trespass after notice has been committed. (7) This fuiin can be easily varied so as to suit other circumstances, reference being had to the last form. (r) If given to sporting trespassers, here insert the words — shoot over or . (s) 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]. (Jt) Or, — several parishes of A., B. and C. (m) If given by a tenant, insttvid ut the wonls " bclonuing to mo," substitiife — belonging to A. B., Esquire, and over which C. D., Esquire, has the [exclusive] right of shooting. (x) If given to more than one person, here add — you or any or either of you shall do so after the service, &c. (as aljove). (y) This notice should be ;;iven by the tenant of the lanis, but a notice by the landlord li8 said (testator, or other person) of the other part (according to the fact). (e) If leasehold, say — were assigned and trftnsrerred to me — or, the said (mortgagee), for the term of years (if so) determinable with lives- Or, if copyhold, say— were surrendered and assured, _ , (- ^) Or,— by you to the said (mortgagee), his heirs or assigns— or, executors, adminis- trators, and assigns— for the certain term of years (if so) determinable with livcSt (^■) Or,— for foreclosing the said mortgage— or, for selling the said [hereditaments and 1 premises, pursuant to the power for that purpose in the said indenture of mortgage contained. (/j) Or,— A. B., as solicitor— or, agent — for and on behalf of the above-named (mortgagee). Pli ACTIO AL FOBMS. 275 No. CCCXLIX;^ Another Form {!), To Mr. (the mortgagor), of, &c., Draper. I, the undersigned (k), (the mortgagee), of, &:c., Grocer, hereby give YOU (I) NOTICE and require you w - ifcbiu e wlundtuf m . ont l irj fi'om tJ io dato liGroof s to pay off the principal sum of pounds, together with nil interest which may be iL&xk due thereon, secured to me (m) by an indenture of mortgage dated, &c., and made, &c. (state the 2Mrti^ ^J^^o^dJj^rAes^ tliat,ubscribe as many nomination papers as there are vacancies to be filled for the borough (s), 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 dny, 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 i'our 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 up a nomination paper. Dated this day of 18 — . {Signature.) Town Clerk. No. CCCLX. Of Disqualification of Parliamentary Candidate (J). To the Electors of the County (w) of I {x), 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 {u) of , having, for the purpose of influencing voters at this election (y), is disqualified {z) from being elected to serve in Parliament for (r) For the nomination paper, see Form No. ccxxxix., ante, p. 183. (s) Or, — ward. (f) See a somewhat similar form in Brinhwater v. Deakin, L. R. 9 C. P. 626. (u) Or, — borough — or, division of the county — or, borough of — or, as the case may be. (x) Or, — we. (y) State grounds for disqualification. ^z) O^ — believed to be disqualified : see the case cited in n. (t). 282 PRACTICAL FORMS. the said county (a) of , and all votes given for Lim will be thrown away. Dated the day of , 18 — . (Sig7iature.) A candidate [h) at the present election to serve in Parliament for the county (c) of . No. CCCLXL Same of Municipal Candidate (d). To the Burgesses of the Borough of I, the undersigned, hereby give you and each of you notice that -, Esq., of , one of tiie persons nominated lor the office of councillor at this present election, is (e) disqualified for the office of councillor, and ineligible to be nominated 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 canUdate fur the office of councillor at this present election. No. CCCLXII. Of Withdrawal by Parliamentary Candidate (/). To the Keturning Officer for the Election of Members for the County (a) of . I {candidate), of , being a candidate nominated at the present election to serve in Parliament for the county {a) of , hereby give you notice that I withdraw from such candidature. Dated the day of , 18 — . {Signature) {g). («) Or, — borough — or, division of the county — or, borough — or, as the case may be. (6) Or, — election agent for , Esq. {or, as the case may be)— a candidate, &c. (c) See n. (a), abuve. (d) See a somewhat similar form at p. 631 of Reg. v. Mayor of Tewkesburi/, L. R. 3 Q. B. 629. (e) Set out the grounds of disqualification, as, e.r/. — the present mayor of the said borough, and by reason of acting as returning officer {lieg. v. Owens, 2 E. & E, 86; Rey. V. White, L. U. 2 Q. B. 557). (/) A candidate, duiinu; the time appointed for the election, may withdraw by giving a notice, signed by him, to the returning ollicer: see s. 1 of Ballot Act, 1872 (35 & 36 Vict. c. 33). (gr) 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 cauditlate: s. 1, Ballot Act, 1872. PRACTICAL FORMS. 283 No. CCCLXIII. Of Appointment of Election Agent (Ji). Borough {i) of , Division. Parliamentary Election 18 — . I hereby give notice that (eandidate), 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 elertion (h), and that the address of such elec- tion agent, to which all claims, notices, writs, summonses, and other documents relating to the said election may be sent, is, Central com- mittee rooms (Z), , , in the county of . Dated this day of , 18 — . Eeturning Officer. {Address.) No. CCCLXIV. Of Claim (^Parliamentary and Municipal) to Borough Regis- tration {in). To the Overseers of the Parish {n) of I claim to have my name inserted among the parliamentary voters for the parliamentiiry borough (o) of (p), in respect of the qualification named below {q). Dated the day of , 18 — . Name of claimant in full, surname being first. Place of abode. Nature of qualification. Description of quali- fying property. {Signature.) (h) This is the usual form for an advertisement in the newsjiapers. (/) Or, as the case may be. (k) If desired, add — -in pursuance of s. 24 of the Act, 46 & 47 Vict. c. 51. (l) Or, as the case may be. (m) See Form (H) No. 1 in 3rd Schedule of Eegistration Act, 3885. (See alao post, p. 290, Form No. ccclxxvii., n. (<)•) (h) Or, — township. (o) If the parish is not in a parliamentary borough, substitute — division of the county — or, county, for " parliamentary borough." (p) Add, if so — and burgesses for the municipal borough of . (q) Add, if so — and to have my name omitted from the corrupt and illegal practices list. 284 PRACTICAL FORMS. No. CCCLXV. Of Objection (^Parliamentary and Municipal) to he given to Overseers {Borough Registration) (?'). To the Overseers of the Parish (s) of . I hereby give yon notice that I object to the name of [t) being retained on the list («) as a parh'amentary voter for the parliamentary borough [x) of {y). Dated the day of , 18 — . {Signature and jylcice of abode) on the list of parliamentary voters and burgesses for the parish (s) of . No. CCCLXVI. Of Objection {Parliamentary and Municipal) to be given to Person objected to, {Borough Registration) {z). To Mr. (a). I hereby give you notice that I object to your name being retained on the list (h) as a parliamentary voter for the parliamentary borough of (c), on the following grounds, viz. : — 1. That {d). 2. That 3. Dated the day of , 18 — . {Signature and place of abode) on the list, &c. {see preceding form). (r) See Form (I) No. 1 in 3rd Schedule of Eegistration Act, 1885. (See also post. Form No. ccclxxviii., p. 291, n. (?/).) (s) Or, — township. (0 If tlie list contcaias two or more persons of the same name, distinguiyh the person objected to. (u) If there is more than one list, specify the list ; and if the list referred to is made out in divisions, specily the division to which the objection refers. (t) If the ])arish is not in a parliamentary borough, substitute — division of the county — or, county, for "parliamentary borough." (y) 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 Ust. (2) See Form (I), No. 2, in 3rd Schedule to Registration Act, 1885. See also post, No. ccclxxix., p. 291, n. (d).) (a) See n. (0- (h) See n. (u). (c) 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. (d) E.g. — you have not occupied for twelve months to July 15. PEACTICAL FORMS. 285 No. CCCLXVII. Of Claim {Parliamentart/) by Lodger (^County or Borough Reg istratmi) ( e) . To the Overseers of the Parish (/) of . I claim to have my name inserted [as a lodger] in the list of [or among the] parliamentary voters for the county ((/) 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, fur- nished (A) 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, occu- pied as sole tenant (i), and resided in, the above-mentioned lodgings, and that those lodgings are of a clear yearly value, if let unfurnished, of ten (k) pounds or upwards (Z). Dated the 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.) (e) See Form (H) No. 2 in 2nd (county) and in 3ril (Borough) Schedule of Eegistration Act, 1885. This notice is to be sent in after the last day of July, and on or before the 20th day of August, (/) Or, — township. (^f) Or,— for the division of the county — or, for the borough of . (Ji) If the claim is in respect of different rooms successively occupied as lodgings in the same house, the notice of claim must specify each room, or set of rooms, so occupied. (0 Or, — as joint tenant with . (If there arc two joint lodgers, the yearly value of the lodgings must be £20 or upwards.) (k) Or, — twenty. (J) Add, if so — and I hereby declare that I am on the register of parliamentary voters for the said division (ur, county, or, — parliamentary borough) in respect of the same lodgings as above-mentioned, and I desire to have my name inserted in the old lodgers' list. (lu this case the claim must be sent in on or before the 25th day of July.) 286 PRACTICAL FORMS. No. CCCLXVIII. Of Claim in respect of the Occupation Franchise {County Registration) {in). To the Overseers of the Parish {n) of . I claim to have my name inserted in the list made by you of parliamentary voters for the county (o) of , in resjiect of the qualification named below (p). Dated the day of , 18 — . Name of claimaitt in full, surname being first. Place of abode. Nature of qualifica- tion. Description of qualifying property (Signature.) No. CCCLXIX. Of Ohjection to he given to Overseers in respect of the Occupation Franchise (County Registration) (q). To the Overseers of the Parish (r) of . I hereby give you notice that I object to the name of (s) being retained ou the list (t) of parliamentary voters for the county (u) of (x). Dated the day of , 18 — . [Signature and place of abode) on the list of parliamentary voters for the parish (r) of . (m) See Form (H) No. 1 in Schedule 2 of Registration Act, 1885. (n) Or, — township. /(j) Of^ — for the division of the county. (p) Add, if so — and to have my name omitted from the corrupt and illegal practices list. (q) See Form (T) No. 1, Schedule 2 of Registration Act, 1885. (r) Or, — township. (s) If the list contains two or more persons of the same name, the notice should distinguish the person intended to he objected to. (t) If there is more than one list, the notice should specify the list to which the objection refers. j^^i^ Qr^ — for the division of the county. (x) Add, if so — and to the omission of the said name from the corrupt and illegal practices list. PRACTICAL FORMS. 287 No. CCCLXX. Same to he given to Person objected to (^County Regis- tratmi) {y). To Mr. (z). I hereby give you notice that I object to your name being retained on the list {a) of parliamentary voters for the county (5) of (c), on the following grounds, viz. : — 1. That {d). 2. That (e). 3. That . Dated the day of , 18 — . {Signature and ijlace of abode) on the list of parliamentary voters for the parish (/) of . No. CCCLXXI. Of Wlthdravml 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 (Z). Dated the day of , 18 — . {Signature) {m). No. CCCLXXIL Reviving an Objection {County Registration) {n). To Mr. (o). I hereby give you notice that I revive the objection which was (y) See Form (I) No. 2, Schedule 2 of Registration Act, 1885. (z) See n. (s) to preceding form. («) See n. {t) to precedino; form. (6) Or, — for the division of the county. (r) Add, it so — and to the omission of your name from the corrupt and illegal practices list. ((/) E.g. — you have not occupied for twelve months to July 15th. (e) E.(j. — you have been convicted {vr, reported guilty) of a corrupt practice. (/) Or, — township. (r/) See Form (N) Nos. 1 and 2 in the 2nd Schedule to the Registration Act, 1885. Qi) Or (if to the overseers) — To the overseers of . (0 Or (if to the overseers) — to the name of , (A-) liefer to the list as in the two ]ireccdin£j tbnns. (/) Add, if so — so far as regards the ground of objection numbered in my notice to you — or, to him- — of such objection. {lit) To be signed as in the preceding form. («) See Form (0) Nos. 1 and 2 in 2nd Schedule of Registration Act, 1885. (o) Or, — To the overseers of . 288 PBACTICAL FORMS. made by , since deceased, to your name (_p) being retained on the list {q) of (r). Dated the day of , 18 — . [Signature) (s). No. CCCLXXIII. Of Claim to he given to Overseers by Claimants in respect of Ownershi]) {County Registration) {t). To the Overseers of the Parish (u) of . I hereby give you notice that I claim to be inserted in the list of parliamentary voters for the county [v) of , and tliat the particu- lars of my place of abode and qualification are stated in the columns below. Dated the day of , in the year . [Signature.) Name of the claimant at full length, the surname being first. Place of abode. Nature of qualifica- tion. Description (x) of qualifying property. (j)) Or, — to the name of . (2) Refer to the list as in Form No. ccclxv., p. 284, n. («). (r) 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. (,s) To be .signed as in Form No. ccclxv., p. 284:. (0 See Fonii No. 2 in 2nd Schedule of Eegistration Act, 1885 (48 Vict. c. 15). (u) Or, — township. (v) Or, division of the county of. {x) The description should specify the street, lane, or other like place in the parish (or township), il any, and number of house, if any, where the projerty is situate, or name of the prcperty, if known by any, or name of the occupying tenant ; or if the qualification consists of a titlie rent-charge, of the nnme of the rectory, vicarage, chapelry, or benefice to which the rent-charge belongs, and if it consists of any other rent-charge, then the names of tlie 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 res^xjct of such rent-charge in the register in force. PRACTICAL FORMS. 289 No. CCCLXXIV. Of Ohjection to Oionershq) Voters to he given to the Overseers {County Registration) (y). To the Overseers of the Paiish (2) 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 owner- ship claimants. Place of abode as described. Nature of quali- fication as described. Description of qualifying property as given in the register or list of owner- ship claimants. Dated the day of , in the year {Signature and place of abode.) No. CCCLXXV. Of Ohjection to he given to Persons whose names are in the Ownership 2)07'tio7i of the Register {County Registration) (A). To Mr. -,of (^)- Take notice that I object to your name (d) being retained in the (e) list of ownership voters for the county (/) of . (y) See Form No. 4 in 2nd Schedule of Registration Act, 1885. (z) Or, — township. (a) Or, division of the county. (fi) 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 thequalilyingiiropcrty, where notice is required to be given to the occupying tenant, see Form No. 5 (a), Schedule 2 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 quahi'yiug property insert his name and pLace of abode as described in the register. (d) 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 townshij). (/) Or,— for the division of the county. U 290 PRACTICAL FORMS. And I ^^roiind my objection on the first column of the reojist^r {g), and the objection relates to the nature of your interest {h) in the qualifvinfj property (^). Dated this day of , 18—. {Signature and i^lace of abode) On the register {h) of voters for the parish (Z) of . No. CCCLXXVI. Of Ohjection to he given to Persons whose names are on tlie List of Ownershij) Claimants {County Registration) (m). To Mr. , of {n). Take notice that I object to your name (o) beinj2: retained in the (p) list of ownership voters for the county {q) of . Dated this day of , 18 — . {Signature and i)lace of abode) On tlie register (r) of voters for the parish (s) of . No. CCCLXXVII. Of Claim to Municipal Borough Registration (t). To the Overseers of the Parish {u) of . I claim to have my name inserted in the list of burgesses of the ^g-^ Or, — on the second — or, third — or, fourth column. (h) In the notice to the tenant instead of the words "your interest," insert— the interest of {7iame of the person ohjected to). (i) Or,— to the value of the qualifying property. (/.') Or, — on the — list. (?) Or, — township. (m) This notice is to be given when these persons are objected to by any person other than overseers, and is to be given to the occnpying tenant of the quahfying i)n)iierty, where notice is required to be given to the occupying tenant, see Form No. 5 (b), Schedule 2 of Registration Act, 188.5. (n) Insert name and place of abode of the ]ierson objected to as descrilied in the list, and in the case of notice to the tenant of the quahfying property insert his name and place of abode as described in the list. (o) In the notice to the tenant instead of the wortls "your name," insert the name of the person objected to. (p) Insert name of the iiarish or townshii). (^^) Or, — for the division of the county. (r) Or,— list, (.s) Or, — township. (t) See Form (II) No. 3 in 3rd Schedule of Registration Act, 188.5. This notice need not be served if the claim is to be registered both as a lurliamontary voter and a burgess in respect of the same property, as in that case Form No. ccclxiv., p. 283, is suflicient. (u) Or, — township. PRACTICAL FORMS. 291 municipal borough of , iu respect of the qualification named below (x). Dated the dav of , IS — . Name of claimant in full, surname being first. Place of abode. Nature of qualifica- tion. Description of qualifying property. {Signature.) No. CCCLXXVIII. Of Objection to he given to Overseers {Municipal Borough Registration) {y). To the Overseers of the Parish (z) of . I hereby give you notice that I object to the name of {a) being retained on the list (&) of burgesses of the municipal borough of (c). Dated the day of , 18 — . {Signature aucl 2)lcice of abode) On the list of burgesses for the parish (z) of No. CCCLXXIX. Same to he given to Person objected to {Borough Regis- tration) {d). To Mr. (e). I hereby give you notice that I object to your name being retained (.r) Add, if SO, — and I claim to have my name omitted from the corrupt and illegal practices list. {y) See Form (I), No. 3 in 3rd Schedule of Eegistration Act, 1885. '1 Lis notice need not be served if the reference to a burgess is iuchided in Vonwante, No. ccclxv., p. 284. (2) Or, — township. (a) See u. (t) Form No. ccclxv., ante, p. 284. (/)) See n. («), ib. (c) Add, if so,^ — and to the omission of the said name from the corrupt and illegal practices list. {d) See Form (1) No. 4 in Schedule 3 of Registration Act, 1885. 1 his notice need not be served if the reference to a burgess is inchided in Form ante. No. cccl.wi., p. 284. (e) See n. {t), Form No. ccclxv., ante, p. 284. u 2 292 PBAGTIGAL FORMS. on the list (/) of burgesses of the municipal borough of , on the following grounds, viz. : — 1. That (g) 2. That 3. Dated the day of ,18—. . , 7^ (Signature and inace of ahode) on the list of burgesses for the parish {h) of . No. CCCLXXX. Of Withdrawal of Ohjectlon to^ MunicijMl Voter (Borough Registration) if). To Mr. (k). I liereby give you notice that I withdraw my objection to your name (?) being retained on the list (m) of (w). Dated the day of , 18—. {Signature, (o) } No. CCCLXXXI. Reviving an Objection to Mu7iicipal Voter (^Borough Registration) ( p). To Mr. {q). I hereby give you notice that I revive the objection which was jjjf^de by , since deceased, to your name (r) being retained in the list (s) of CO- DATED the day of , 18—. (Signature (u) ). (f) See n. (u). Form No. ccclxv., ante, p. 284. Ig) E.g.— you liave not occupied for twelve montlis to July ISth. (i) See' Form (N) kos. 1 and 2 in 3rd Schedule of Eegistration Act, 1885. (^-) Or,— the town clerk of . n\ 0,- — to the name of . (to) Refer to the list as in the notice of objection, see an te, Form No. ccclxv., p. 284, " (n) Add, if so,— so far as regards the ground of objection numbered in my notice to you— or, to him— of such objection. . ^ , . ,. , -n, (o) The notice should be signed as m the notice of objection, see ante, bona No. ccclxxviii., p. 291. ,...010111 e-o • >. ^- \ t. loor (p) See Form (0) N<^s. 1 and 2 in 3rd Schedule of Registration Act, 1885. (7) ^^' — ^^^ *°^^ ^^^^^ °^ ■ (r) Or, — to the name of . ..,.,. n >t 1 (s) The list is to bo referred to as in the notice of objection, see Form No. ccclxv., "■ (/) a!!,!^ if' so,— so far as regards the Iground of objection numbered in the notice to you of such objection. ^ , • ,• n >t 1 (li) The notice should be signed as in the notice of objection, see I orm No. ccclxxviii., p. 21tl. PliACTICAL F0Ii31S. 293 No. CCCLXXXII. B^ Voter of Selection in the Case of Duplicate Entries (^Borough Registration Qv)). To the Ke vising Barrister for tlie Parliamentary Borough of — I hereby elect to vote in respect of the following entry in the list (y) of voters for the parish (2) of . Name of voter in full, surname being first (a). Place of abode. Nature of qualifica- tion. Description of quali- fying jiroperty. Dated this day of -, 18—. (Signature.) No. CCCLXXXIII. Of Claim by Freemen to he given to the Town Clerk (Jj). To the Town Clerk of the City (c) of . I hereby give you notice that I claim to have my name inserted in tlie list made by you of persons entitled as freemen to vote in the election of a member (d) to serve in Parliament for the city (e) of and that my qualification is as free man of , and that I reside in street, in this city (/). Dated this day of 18 — . (Signature.) (x) See Form (P) in Srd 1^'chedule of l\ei:istration Act, 1885. (y) The list should be specified, and if llu; list is made out in divisions, the divi- sion in which the entry referred to appears. (z) Or, — township. (a) Copy the entry in the list of voters which the voter wishes to have retained for voting. (h) See Form No. 7 of Schedule (B) of Registration Ac(, 1818 (6 Vict. c. 18). (c) Or, — borough. ((Z) Or, — members. (e) Or, — borough. (/) ^^) — borough. 294 PRACTICAL FORMS. No. CCCLXXXIV. Of Claim hy Burgess in Borough purely MunicijMl (g). 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 lists of the borough of , that I occupy (h), in the borough, and that I have been rated in the parish of (i). Dated the day of in the year . (Signature andi^lace of abode.) No. CCCLXXXV. Of Objection to Claim hy Burgess in Borough purely Municipal (Jc). To the Town Clerk of the Borough of (Z). I hereby give you notice that I object to the name {m) of of , in the parish of {n), being retained on the parish burgess lists of the borough of . Dated the day of in the year . [Signature) of (o). No. CCCLXXXVI. Of Claim hy Liveryman in City of London (p). To the Secondaries of the City of London (q). I hereby give you notice, that I claim to have my name inserted in the list made by the clerk of the company of (r), of the livery- (g) See Form D in Part II. of 8th Schedule of Municipal Corporations Act, 1882 (45 & 40 Yict. c. 50). (h) Describe the house, warehouse, counting-house, shop, or other building then occupied by the claimant. (t) 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. (Jc) See Form (K) in Part II. of Schedule 8 of Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50). (/) Or, — To Mr. (the person objected to). (m) Or, — your name. (;/) Describe the person objected to as described in the parish burgess list. (o) State place o^" abode and the jiroperty for wiiich he is said to be rated in the parish burgess lists. (p) This is the notice to be given to the Secondaries of the City of London, and to the clerks of the respective livery companies, according to Fonn No. 2, Schedule (C) of the Registration Act, 1843 (6 Vict. c. 18). (7) Or, — To the clerk of the company of . (^/•) Or, (if ihc notice is lu clerk)— made by you. PRACTICAL FORMS. 295 raen of the said company (s), entitled to vote in the election of members for the City of L(mdon. Dated the day of 18 — . {Signature, aiul])lc(-ce of abode, and name of comimny.) No. CCCLXXXVII. Of Objection to Parties inserted in tlie List of the Livery (f). To Mr. . I hereby give you notice, that I object to your name being retained in tlie 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 ijlaee of abode.) On the list of voters of . No. CCCLXXXVIII. Of Objection to be given to the Secondaries of the City of London and to the Clerks of the resjMCtive Livery Com- panies (u). To the Secondaries of the City of London (»). • I hereby give you notice, that I object to the name of {ij), being retained in the list of persons entitled to vote, as freemen of the City of London, and liverymen of the company ot , in the election of members for tlie said City. Dated this day of 18 — . {Signature, and jytace of abode.) On the list of voters of . No. CCCLXXXIX. Of Sale of a Copyright. To Messrs. {tJie Publishers), of, &c., Booksellers and Publishers. I, the undersigned {the purchaser), of, &c., auctioneer, hereby give you and eacli of you notice that, by an indenture bearing date, &c., (s) Or, (if to clerk) — of the liverymen of the company of ■ (0 See Form No. 4 in Schedule {(J) ot Kegistratiuu Act, 1843 (6 Vict. c. 18). {a) See Form No. 5 in Schedule (C) of Eegistration Act, 184.'} (6 Vict. c. IS). {x) Or, — To the clerk of the company of . {y) It the list contains two or more persons of the same name, the notice sliould distinguish the person objected to. 296 PRACTICAL FOBMS. (the author), of, &c., gentleman, as the sole author and proprietor of a work intituled " " (z), lios sold and assigned the copyright thereof, too;ether with all the unsold copies of the present (the ) edition tliereof, unto me, my executors, administrators, and assigns absolut'^ly (a). Dated this day of 18 — . (The Purchaser.) No. CCCXC. Of Assignment of a Business and Book Debts (b). (Place.) (Date.) Sir,— I beg to give you notice that, by an instrument in writing, bear- ing date, &c., and made betw een, &c., (here state imrties' names and occujjations, 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 j^lace), 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 lu.s by virtue of a power of attorney duly authorized me to receive the same 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 fro7n you to him, within days from this date, otherwise legal proceedings will be adopted (c) for the recovery thereof [without further notice]. I am, Sir, Yours, &c., (The Purchaser.) To Mr. . No. CCCXCI. Of Assignment of a Bond Debt (d). To Mr. (the Obligor) (e), of, &c., G-iocer. I, the undersigned (the assignee), of, &c., draper, hereby give you (/) NOTICE, that, by an indenture, bearing date, &c., and made, &c., a (z) Here iiisi it the title of the work, or works if more than one, correctly. (a) If assigned by way of security only, omit the word " absolutely," and here jidfl — by way of mortgage [for securing pounds and interest]. (b) As to the effect of notice of as!^i:j;nment : see Judicature Act, 1873, s, 25 (6). (c) Or, — it will be my unpleasant duty to enforce it. Qr^ — as it is indispensably necessary [/'« vrder} to close his accounts forthwith. (d) See above, u. (b). (e) If more than one obligor, In re insert the names and descriptions of them all. (/) And here say — you and each of you. FliACTICAL FORMS. 297 certain bond or obligation, in writing, under your hand and seal {g), bearing date, &c., whereby you became bound (Ji) lor yourself, and your heirs, executors, and admiiiistriit"rs unto {tlie obligee) of, tVc, maltster, in the penal sum of pounds, with a condition tliere- under written for making void tlie same on payment of the sum of pounds, with interest for the same after the rate of £ pi r centum per annum on the day of now last past (i), has, in consideration of pounds, been assigned by him, [the said (obligee),] to me, my executors, administrators, and assigns : And I therefore hereby give you (k) 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 I, or they, shall direct. Dated this day of 18 — (I). {The Assignee.) No. CCCXCII. Of an Assignment of a Book Debt (in). To 3Ir. (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 3'ou to the said (assignor) on simple contract, has (n) 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) (0). No. CCCXCIII. Of an Assignment of a Policy of Life Assurance by icay of Mortgage. To the Secretary of " The Life Assurance Company," London (p). I, the undersigned (the assignee), of, &c., grocer, hereby give you (y) Or, — hands and seals. (Ji) Oi\ — if several obligors, liere insert the words — jointly and severally — bound for yourselves and your respective heirs, &c. {as above). (I) Or, — on a certain day now past. (^') It several obligors, say — you and each of you. (l) This form cau easily be made applicable to a mortgage or any other assigned security. (rrt) See n. (h) on preceding page. (n) If it be desired not to show the exact consideration, here say — for the valu- able consideration therein expressed. (0) For forms of notice of assignment of accruing debts, and of the distinction between them and an order for the jmyment of money in respect of the duty and penalty : see Buck v. Robson, 3 Q. B. D. 686. Q)) This description should of course follow the name and place where the policy was eOected, as some oUices have several places of business. 298 PRACTICAL FORMS. NOTICE that, l»y an indenture bearing even date herewith [q) (the assignor), of, &c., draper, has assigned to me, my execiTtors, adminis- trators, and assigns, by way of mortgage (r) All his riglit 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 (s), with the above-named company, in the snm 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 tliey, shall direct, during the continuance of my security as such mortgagee as aforesaid. Dated this day of 18 — (f). (Tlie Assignee.) No. CCCXCIV. A Short Form. To The Secretary of " The -^ Life Assurance Company " (w), London. 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 liis 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 herealter to become, payable upon or by virtue of such policy, either to the said (assignor), his executors or administrators, or to any person or persons whomsoever other than to me, my executors, administrators, or assigns, during the continuance of ray security, as such mortgagee as aforesaid (v). Dated this day of , i 8 — . (The Assignee.) QjS Q^.^ — ■bearing date the day of last — or, of this instant month of . /^) Qr^ — for the general benefit of his creditors. rg\ Qy^ — effected by A. B., on his own life, with the above-named company, in the sum of pounds, and by the said A. B. assigned to the said {ussiynur) ; and in and to all, &c. (a.s ahorc). (t) A fee of 5.S. is payable on the delivery of an acknowledgment in writing of the receipt of this notice (oO & 31 Viet. c. l-i4, s. (J). (u) Sec n. (2O on preceding page. ((') Sec above, n. (0- PRACTICAL FORMS 299 No. CCCXCV. Of an Absolute Assignment of a Policy 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 unti) 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, etc., and numbered , whereby the xVssurance 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 benefit and advantage whatsoever to be had and derived therefrom, are now vested in {x) and become the absolute property of me the said {assignee) [Subject only to the payment of the said premium aud to the terms and conditions of the said policy]. Dated this day of , 18 — . {TJie Assignee.) To the Secretary of The xVssurance Company {or as the case may he). No. CCCXCYI. 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 executoi'S, administrators, and assigns, a policy of assurance, bearing date, &c., and numbered , whei'eby the Assurance Society assured the sum of pounds, to be paid to the executors, 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 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 — . {Tlie Assignee.) To the Secretary of The Assurance Company {or as the case may he). (.'•) Or, shorter — and now belongs absolutely to me. 300 PRACTICAL FORMS. No. CCCXCVII. Of Assignment of an Annuity. {By the Assignor.) I, the undersigned [the assignor), do hereby give you notice, tliat, by a certain indenture of assignment, bearing date, &<•., and made between, kc, I [the said {assignor)] have for tlie vahiable 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. {y) : And also all my right, title, beneticial 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 {z) : And I [the said {assignor)'] have also, by the said indenture of assignment, appointed the said {assignee), his executors, administrators, and assigns {a), 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, acquitances, 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 executois, administrators, or assigns, for his and their own use and benefit, or as he or they shall, from time to time, by any writing under his or their hand or hands, direct or api)oint, [and to no other person or persons upon any account or under any pretence or pretext whatsoever] (h). Dated this day of , 18 — . {The Assignor.) To Mr. {the ])arty ^paying). (v) 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 {assignor)'], &c. (as ahuve). (z) Or, — if by way of mortgage — for securing - o?-, 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 al^o 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. ( ') Or, shorter — him and them. {b) Or, if by way uf murtgui^c, aay — until you shall have received further notice from me. Fli ACTIO AL FORMS. 301 No. CCCXCVIII. Of Withdrawal of Claim for a Life Polici/. {By a Mortgagee or Assignee.) To The Secretary of '' The Life Assurance Company (c)," London. I {d) HEREBY GIVE YOU NOTICE tliat I have now no charge or claim whatever (e) upon the policy numbered , and dated the day of , 18 — , effected by [the assured) with the above- named company, on his own life (/), in the sum of pounds [on payment of the annual premium of £ (), within the district of the Court {q), and being (J) Under the Poor Law Acts the guardians of any parish can compel a husband to sui^port his wife, not an adultvess, and his cbildren cliargealjle to liis proper parish ; but he has a right to insist upon his wife (with the children which she harbours from him) returning to colrabitation wlien he is wiUing and able to support them. (m) See No. 4 of Bankru])tcy Forms, 1883. 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, 1883, 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: ib. No. 115. (n) Or, — in the county court of holden at . (o) 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 . ((/) Or, as the case may be, following the terms of s. 95 of the Bankruptcy Act, 1883. X 306 PRACTICAL FORMS. unable to pay my debts, hereby petition the Court that a receiving order be made in respect of my estate (r). Dated the day of , 18 — . Signed by the debtor in my presence. {Signature of witness.) [Address mid descrij^tion.) Filed the day of , 18—. {Signature.) No. CCCCV. In Bankruptcy by Creditor (s). In the, &c. {as in the preceding form). Ex parte {the creditor). I, C. D., of {t), hereby petition the Court that a receiving order be made in respect of the estate of {u). 1. That the said A. B. has for the greater part of six months next preceding the presentation of this petition resided at {x), within the district of this Court {ij). 2. That the said A. B. is justly and truly indebted to me (z) in the sum of £ («). 3. That I (h) do not, nor does any person on my (c) behalf, hold any security on the said debtor's estate, or on any part thereof, for the payment of the said sum {d). 4. That A. B., within three months before the date of the presen- (r) Add (if so) — and that I may be adjudged bankrupt. (s) See No. 10 of Bankruptcy Forms, 188.J. Stamp £5. (^) Or,— we C. D. of and E. F. of . (m) 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 bo inserted. {x) Or, — carried on business. {y) Or, as the case may be, following the terms of s. 95 of the Bankruptcy Act, 1883. (2) Or, — us in the aggregate. (a) Set out amount of debt or debts and the consideration. (/;) Or, — we. (c) Or, — our. (jl^ Or, — That I hold security for the payment of — or, part of — the said sum, and I estimate the value of such security at the sum of £ , or, 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. PRACTICAL FORMS. 307 tation of this petition, has oommitted the following act (e) of bankruptcy, namely (/). (Signature.) Signed by the petitioner in my presence {g). [Signature of witness.) {Address and descri;ption) (li). No. CCCCVI. By Creditor for Administration in Bankruptcy of Estate of Deceased Debtor (J). In tlie, (Src. (see p-eceding form). I, C. D., of {j), hereby petition the Court that an order be made for the administration in bankruptcy of the estate of the late (A-), who died on the day of , 18 — , and say : — 1. That the said A. B., for the great'.^r part of the six months next preceding his decease, resided (Z) at , within the district of this Court (m). 2. That the estate of the said A. B. is justly and truly indebted to me (n) in the sum of £ (o). 3. That 1 {])) do not, nor does any person on my {q) behalf, hold any security on the said deceased debtor's estate, or any part thereof, &c. (r). 4. That A. B., within three months next before the said date of (e) Or, — acts. (/) Set out the act, or separately the acts, of bankruptcy. (g) If there be more than one petitioner and tliey do not sign together, the ?,\%- nature of each must be separately attested, e ; effectually as I could do the same if I were personally present. And with full power for my said attorney or attorneys, for all or any of the purposes aforesaid, to substitute one 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, the said H, H., hereby for myself, my heirs, executors and adminis- trators, agree to ratify, allow and confirm (r). In witness, &c. No. CCCCX. Statutory Declaration of the due execution of the foregoing Power of Attorney (s). 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 (t) named in the power of attorney hereunto annexel, and marked with the letter A given to {the attorney) {u) dated the day of last, did on the day of last {x) sign and seal, and as his act and deed {tj) in due form of law deliver the said power of attorney in the presence of {the other attesting witness) and of him this deponent; And that ((/) Or, — republic of France — or, kingdom of Spain. (?•) And, it' dt'siicd, add : And 1 declare that these presents shall be irrevocable for one year [or, — months not exceeding tioelue^ from the date thereof. (.s) This dc'claratiuu can be made before the mayor, a notary, or a justice of the peace. It requires no stamp. (t) Or, — A. B. and C, D., the persons. Their descriptions need not be added. {u) Or, — to Messieui-s A. B. and Company. (x) Or, — instant. (y) Or, — their respective acts and deeds. 312 PRACTICAL FORMS. the name " " (2) set and subscribed to the said power of attorney as the party executing the same, is of the proper handwriting (a) of the said {constituent); And that the names " " and " — " (z), set and subscribed thereto as witnesses, attesting the due execution of the said power of attorney by the {constituent), are of the respective proper handwriting of the said {the other ivitness) and of me this deponent. And I make, &c. {as in p. 143). {The Declarant.) No. CCCCXI. The Mayor'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. {h), Do hereby certify that, on the day of the date hereof personally appeared before me {the declarant), of, &c., merchant, the declarant named in the foregoing declaration {c), being a person well known, of good repute, and worthy of good credit, and did solemnly and sincerely declare the contents of the said declara- tion {d) to be true. In true faith and testimony whereof I, the said mayor, have (e) hereunto annexed the said power of attorney Seal, j and aflixed the seal of office of mayor of the city of B., this day of , 18 — . No. CCCCXII. Notary's Certificate (/). I {the notary), of the city of B. {g), notary public, by royal authority duly admitted and sworn, do hereby certify and attest to all whom (z) The names as signed. (a) Or, — are of the respective proper handwriting of the said (constituents). {h) Or, — of the town and county [and borough] of B. in the United Kingdom of Great Britain and Lreland, and also one of Her Majesty's Justices of the Peace for the said city — or, town and county [and borough], (c) Ur, if annexed — hereunto annexed — or, if on the otlier side — appearing on the other side of this sheet of paper. (d) Or, — the several matters and things mentioned — or, contained in the said declaration to be true. In some countiics an aftidavit is still required. Ju such cases and when a mayor administers the oath instead of the words relating to the declara- tion — after " mercbant," 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—. (' ) Or, — have caused the seal of office of, &c., to be hereupon impressed — or, here- unto affixed. (y) Stamp, Ls. For amtther form, see (mte, p. 91. (.9) Or, — of the office of the mayoralty, of the said city of London — or, Bristol, PRACTICAL FORMS. 313 it may concern, that (the declarant), the person named in the declara- tion or paper-writing hereunto annexed (h), did duly subscribe his name to, and did solemnly and, in due form of law, declare the truth thereof before me (i) on the day of the date thereof; And that the name ** " (k) set and subscribed to the attestation at the foot of the said declaration (?) is of the proper handwriting of the said {ma]jor) (in) ; And that the said {mayor) {n) was, at the same time, such mayor {n) 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 (o) by the said {constituent) whose name appears opposite the seal there- to {p) : 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 — . {Tlie Notary.) (L. s.) No. CCCCXIII. Merchants Certijicate. We, the undersigned merchants, residing at the city of B. {q), in England, do hereby certify and attest to all whom it may concern. That {the notary), who hath signed and passed the foregoing certificate, is a notary tabellion puldic, duly admitted and sworn, dwelling and practising in the city of B. {q) aforesaid, faitliful 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 whereof we have hereunto subscribed our names, this day of , 18 — . Witness. {Signatures of four Merchants.) A. B., Bristol, England, Solicitor. (Ji) Or, — appearing on tlie other side of this sheet of paper. (i) Or, — before A. B., Esquire, the mayor of the city — or, town and county — or, town and borough — or, one of the justices of the peace in and for the borough of B. aforesaid. {k) The name exactly as signed. (0 Or,— affidavit. {m) Or, — magistrate. If it bean affidavit 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. (h) Or, — justice of the peace. (o) Or, — duly executed. {p) For the subsequent words of this form the following; may be substituted : — In testimony whereof I have hereunto subscribed my name and affised my seal of office — or, notarial seal — this day of , 18 — . {The Notary^ s signature and seal.) (i..s.) Notary Public, at B. (q) Or, — in the city — or, at the town and borough of B. 314 PRACTICAL FORMS. No. CCCCXIV. For receiving a Legacy Abroad. To ALL TO WHOM thes3 presents shall come (r), greeting : Whereas {the constituent) (whose maiden name was "Jones"), now the wife of T. B., of, &c., draper, on the day of , 18 — , appeari^d before A. 13., of W., in the county of , notary pubHc, and declared that her father, J. J., formerly residing at No. ,Rue St. Jean, Bordeaux, in the Republic of France, died on or about the day of , in the year 18 — , leaving to her by his last will and tt-staraent, bearing date on or about the day of , 18 — , as she is iufoimed, the sum 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.], (testified by his executing these presents with her), doth hereby make, ordain, constitute and appoint Messrs. T. & Co., of Bordeaux, aforesaid, bankers, and each of theui, to be her tiue 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 absohite authority for her the said {constituent), and in her name, or otherwise, as the case may require, to ask, demau'i, 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 efiects, 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 payment thereof, to sign, execute, and give good and sufficient discharges 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 iinal 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 i)nrposes, as the said {constituent) might or could do if personally present, and did the same [even although more simple and special power should b^ re- quired than is hereby given and granted, but which she would have understood as fully inserted herein] ; And with full power lor 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 (r) This power was prepared by bankers, and is introduced here, rather to show the nature and diction of powers for use abroad, tlian as a precedent. PRACTICAL FORMS. 315 hold as good and valid, all and whatsoever her said attorneys, or either of them, their or either of their suhstitute or substitutes, shall lawfully do or cause to be done in and about the premises by virtue hereof; In witness whereof she the said {constituent) hath hereunto set her hand and seal, and her said husband hath heieunto set his hand acd seal, as consenting hereto, the day, month, and year first herein- before written (s). Witnesses. {Two ivitnesses.) {Constituent) (l. s.). {Husband) (l. s.). No. CCCCXV. For the General Management and Sale of Property Abroad. Know all wen by these preseuts that I {tlie constituent), of, &e., Grocer, have made, constituted and appointed {tlie attorney), of, &c., Draper, my true and lawful attorney, for me, and in my name, and in my behalf, to do, perform, and execute all such acts, deeds, matters and things whatsoever as shall be requisite, or by him be 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 {t) 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 {const{tuent)'\, 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 proceedings whatsoever for the recovery of such debts, [rents,] property, and effects, or any or either of them, or any part thereof respectively ; with full power to abandon and rescind all or any such actions and other proceed- ings and to recommence the same, or to commence and substitute others in lieu thereof; and to compromise, adjust, settle and com- pound 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 lor 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 all intents and purposes as I the said {constituent) could or might adopt and prosecute if I were present in person ; (s) The same notarial forms must be appended as are added to the last precedent. (t) Or, — empire. 316 PRACTICAL FORMS. And lastly, I hereby recall all other powers of attorney I may have given unto any other person or persons, and I hereby agree to ratify, allow and confirm whatsoever my said attorney shall lawfully do, or cause to be done, for and in my name, by virtue hereof. In witness, &c. {as in p. 45) (u). No. CCCCXVI. F'or executing a Com'panys Deed 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 (Jiere insert the business of the compayiy) {x), 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 [idready prepared and engrossed and] bearing date, &c., and made between A. B. and C. of the first part, {stating the names and 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 tlie 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 delivered {as in p. 55). No. CCCCXVII. Affidavit of the due execution of a Power of Attorney. 18— , — , No. . lu the High Court of Justice. Division. I {the deponent), of, &c.. Draper {y), make oath and say as follows : — (z) (u) For nr)tarial sip;tiaturc.s to be ajipcnded, see prcccdiiig forms. (x) As fire and life assurance — or, banking — vr, shipping {and the like). {y) Cr, — clerk to J. K., of &c., solicitor — or, merchant. (s) Or if the deponeut be a Quaker — solemnly aflirm and declare, &c. PRACTICAL FORMS. 317 1. I was present, on the day of , 18 — , and did see {the prineijMl), of, &c., grocer, duly sign, seal, and, as bis act and deed, in due form of law, deliver the power of attorney hereunto annexcnl : and that the name " A. B." (tJie name as signed) {a), set and subscribed against the seal of the said power of attorney [as the person executing the same], is of the proper handwriting of the said (jDrincipal). 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 {h). Sworn, &c. {as in p. 39). Filed on behalf of . PROBATE (c). No. CCCCXVIII. Oath for an Executor. In the High Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The principal {d) registry. In the goods of A. B. (e), deceased. I {the deponent), of, &c., (/) grocer, {g) the natural and lawful (a) Or,— mark "X." (i) Here state the correct description. (c) Tlie 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 pe?'son, 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 entertained. 4. All fees are to be paid, in advance, in Probate Court Stamps. 5. Ai)plications made in the first instance through a proctor or solicitor at the principal or a district registry, cannot be afterwards treated as a personal application. (d) Or, — \JhQ district registry aX "D. (the place of registry). (e) Here insert the Christian and surnames oul}'. (/) Or, — We, A. B., of, &c., grocer, and C. D., of, &c., draper, severally make oath, &c. (as above, using the idural throughout, and varying t}i,eJorm according to the sex of tlie dijferent parties). (g) 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). 318 PB ACTIO AL FORMS. brotlier Qi) of the deceased, make oath {i) and say — that I believe the paper writing {h) hereto annexed and marked by me (Z) to contain the true and original last will and testament {m) of (the tes- 6. Applications for grants in cases previously before the court (on motion or other- 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 proceeded 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 the 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 affirmations must be made before some proper authority of the principal 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. 12. Engrossment 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 tliem ; but they will, as 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. (Ji) If the executor be related to the deceased, the degree 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 ciath 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 m) codicil], is a nephew of the within-named testator, and a son of W. B., a brother of the said deceased, {i) Or, — do solemnly, sincerely, and truly affirm and declare. (Ji) Or, — writings. (J) If more than one executor — by us. (to) 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 codicil being marked "A" — or, such codicils being marked respectively "A, B," and "C." Kach testamentary paper is to b(3 markt'd by tlie persons sworn and the person administering the onth. The f(jllowing crhihit must be marked by the Commissioner on the codicil, or each of the codicils, if annexed : — This is the codicil — or, this is the codicil, marked " A " — referred to in the affidavit of (the executor), and signed by me this day of , 18^. A Commissioner, &c. PRAGTIGAL FORMS. 319 tator) {n), late of, &:c., grocer, deceased, that I am tlie the sole (o) 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 [p) so far as the same shall thereto extend and the law bind me ; that I will exhibit a true and perfect inventory ot 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 {q) on tlie day of last [or, 18 — ] ; and that the whole of the personal estate and effects of the said testator does not amount iu value to the sum of pounds to the best of my (r) knowledge, information, and belief. {Signature.) SwoKN, &c. (s) PEOMISSOEY NOTES. (0 No. CCCCXIX. Payable on Demand. ob I '. {Place.) {Date.) On demand, I promise to pay A. B., or order («), {x) pounds {y). ^ ^ (n) Or, — testatrix. If the name of the testator be wrongly spelt or misdescription is criven in the Avill or codicil, it should be corrected by being thus referred to — George Joim Noakes {the testators correct name), in the will — or, codicil — written George Noaks — or, 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 should be first stated, adding — otherwise John Nokes — or, Noaks — late of, &c. {as above). (o) — sole surviving executor — or, executor according to the tenor — or, executrix during widowhood {or, as the 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. (jj) And codicils, if any. ('/) If it be intended to obtain the grant from a district registry, here add — that the said deceased at the time of his death, had a fixed place of abode at D. within the district of . (?•) Or, — our. (s) See ante, p. 10. (0 For stamps : see Schedule to Stamp Act, 1870 (33 & 34 Vict. c. 97), amended by 34 Vict. c. 4, ss. 2, 3. («) Or, — 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 (15 & 4C Vict. c. 61), s. 8. By the same Act (s, 7) the note may be made payable to two or more payees jointlj'', 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. {x) The amount to be here written in words. {y) As a note is often intended to be a continuing security, add (if so) — with in- 320 PRACTICAL FOEMS. No. CCCCXX. At Sight {z). {Place.) (Bate.) £ : — : — At sight (a) I promise to pay A. B., or bearer (h), pounds. No. CCCCXXI. Payable at one Time. {Place.) {Date.) £ : — : — months after date, I (c) promise to pay A. B. {d), or order, pounds, with lawful interest (e). E. F. (/). No. CCCCXXII. By Instalments. {Place.) {Bate.) I promise to pay A. B.,or order, pounds, with lawful interest (^7) in manner following, namely, the sum of pounds [part thereof] on the day of next ; the further sum of pounds [other part terest thereon at per cent., by which means the interest will run from the date, 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 imjDlied by law, nor is an attesting witness required though often employed, and if so his address and occupation should be stated. (2) 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 Exchange Act, 1882. (a) Or, — at [10] days after sight. In this case the Statute of Limitations runs from the expiration of that period. (i) Or, — order. (c) Or, if given by two or more persons, — we jointly and severally. (d) Or, — to Messrs. A. B. & Co., or their order. (e) Or, if any ])articular rate of interest, above £5 per cent., be agreed upon, here say — interest after the rate of per centum per annum. (/) If the persons signing the note are acting 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 ])ower: see forms of jiromissory notes held to create personal liability in Allan v. Miller, 22 L. T. Eep. N. S. 825. {iiven 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. i'j) Or, — landlady. 328 PRACTICAL FORMS. 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 Qi) for . (Place.) {Date.) PKOTEST. No. CCCCXXXIV. Of Bill of Excliange or Promissory Note where no Notary Public available (i). Know all men that I {h) of , in the county of , in the United Kingdom, at the request of , there being no notary public available, did on the day of , 18 — , at demand payment (Z) of the bill of exchange hereunder written (m), from , to which demand he made answer {n), wherefore I now, in the presence of and (o), do protest the said bill of exchange (jp). {The householder.) {The tivo witnesses.) No. CCCCXXXV. On Payment of Money. To Mr. G. O., 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 {q), is paid Qi) Or, — agent for . (0 See s. 94 and first schedule to Bills of Exchange Act, 1882 (45 & 46 Vict, c. 61). (Jc) A householder or substantial resident of the place. (I) Or, — acceptance. (to) The bill should be annexed, or, a copy of it, and all that is written thereon should be written below the protest. {n) State answer, if any. (o) Two witnesses. (p) 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. (7) ^f 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 wMch you have lately seized my household furniture and effects — or, as the case may be. Pll ACTIO AL FOBMS. 329 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.) EECEIPTS (r). No. CCCCXXXVI. For a Debt. Keceived on the day of , 18 — , of Mr. (the debtor), the sum of pounds, being the amount (s) of a debt due from him to me. (Signature over Stamp.) No. CCCCXXXVII. For Debt and Costs recovered in an Action. In the High Court of Justice. Queen's Bench Division (t). A. B. V. C. D. Keceived on the day of , 18 — , of Mr. A. B., the defendant's («) solicitor, pounds, being (v) the amount of the debt (iv) and costs in this action. B. B., Plaintiff's (x) Solicitor. £ : — : — No. CCCCXXXVIII. For Rent. Keceived on the day of , 18 — , of Mr. {the tenant) (r) For stamps, see ss. 120 to 123 and schedule to Stamp Act, LsTO. (s) If so, — by the hands — or, his cheque — or, the cheque of W. B. [on Messrs Drummond & Co.]. It is desirable to show the mode of payment as well as the party paying, as it often affords imj)ortant evidence of the transaction at a future period. (t) Or, — in the County Court of D. (u) Or, Plaintiff's. ly) Or, it a jiarticular 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. {w) Or, — [debt and] costs as agreed. (x) Or, Defendant's, 330 PRACTICAL FCRMS. [by the hands {y) of H. M., his solicitor] tbe sum of pounds, being {z) one year's {a) rent of a farm called " Tbe Grange Farm " (6), situate at W. (c), due to E. F., Esq. {d), on the day of last (e). A. B., Steward (/) for E. F. No. CCCCXXXIX. For Interest. Received on tbe day of , 18 — , of Mr. {the debtor) [by the hands, «Src. {as ahove)], the sum of pounds, being years' interest of £ , due from him to me {g) on mortgage {h) on the instant, less [or, after deducting] the income-tax. {Signature.) No. CCCCXL. For Dividend in Bankruptcy (i). 18- Eeceived of the sum of pounds shillings and (?/) Or, — cheque. (?;) Or, if so, — being, with £ allowed him for disbursements, stated below — or, indorsed — one year's rent, &c. («s above). The sum allowed should then be stated thus : — £ s. d. £ s. (I. Land tax . .12 3 Property tax . .234 3 5 7 Cash received . . 51 14 5 £55 (rt) Or, — one quarter — or, half a year's rent — or, arrears of rent. (h) Or,— a close of land — or, a dwelling-house, offices, garden, and orchard. (c) The jiroperty 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 which tlie rent was paid. Sometimes in the hurry of the moment the credit is carried to the wrong account, and then this distinction becomes most impjortant. {d) 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. (e) Or, — at Lady-day — {or, other quarter-day). The time the rent became due should also be cunectly stated ; for this likewise prevents after trouble, and often disputes and liti(i;ation. (/) Or, — solicitor. {g) Or, if received by an agent, say — due from him to Mr. B. B. (/<) 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. (0 See Form No. 80 Bankruptcy Forms, 1883, and for the notice of dividend to which this is attached, see atile, Xo. cccxsvi., p. 2G2. PRACTICAL FORMS. 331 pence, being the amount payable to in respect of the dividend of in the pound on claim ai^ainst this estate. {Creditor's signature.) £ : — : — No. CCCCXLI. For Dividends under Deeds of Composition, ^'C. Received on the day of , 18 — , of Messrs. A. and B., the trustees under a deed of composition {j) with the creditors of Mr. {the debtor), of W., dated the day of , 18 — , the sum of pounds, being {k) a dividend of shillings in the pound on, and in part {I) of a debt of £ {m) due to me from the said {debtor). (Signature.) £ : — : — No. CCCCXLII. To be given by Building Society to revest Estate in the Mortgagor (n). The Building Society hereby acknowledge to have received all moneys intended to be secured by the within (o) written deed. In witness whereof the seal of the society is hereto affixed this day of , 18 — , by order of the board of directors (p) in presence of Secretary (q). (l. s.) No. CCCCXLIII. To be Indorsed on Mortgage by Friendly or Provident Society (r). The trustees of the Society (s) hereby acknowledge to have U) Or, — inspection. (Je) Or, — tlie first (or other) dividend — or, a composition — of, &c. (as above). (I ) Or, — in discharge. (m) The amuuut of the debt discharged slioiild be stated. (n) Or other person entitled to the equity of redemption. See s. 42 and schedule to the Building Societies Act, 1874 (37 & 38 Vict. c. 42). As to necessity for any stamp ? (o) Or, — above. (p) Or, — committee of management. (q) Or, — manager. If the rules of the Society require other witnesses, their names must be added. (r) See third schedule to Friendly Societies Act, 1875 (38 & 39 Vict. c. 60). (s) Or, in the case of Industrial and Provident. Societies, say — the Society, Limited, See Form in 3rd schedule to 39 & 40 Vict. c. 45. 332 PRACTICAL FORMS. received all moneys intended to be secured by the within {t) written deed. Countersigned. {Signature of Secretary.) Secretary. {Signatures of Trustees) {u). Trustees. No. CCCCXLIV. By Sheriff for Purchase-money of Goods seized (v). (Place.) (Date.) Keceived of Mr. (w) the sum of £ for (x) at Mr. — 's (y) farm (z) at . (Signature of Sheriff's Officer and Stamp.) Schedule (a) No. CCCCXLV. For Debts due from a Deceased Person. Eeceived on the day of , 18 — , of Messrs. A. and B., executors of the will (h) of C. D. [late of, &c., draper], deceased, the sum of pounds, being the amount (c) due from the deceased to me, on balance of accounts at the time of his death. (Signature.) 3J * * No. CCCCXLVI. For a Debt discharged by Bills of Exchange. Keceived on the day of , 18 — , of Messrs. A. and B., (f) Or, — above. (m) Or, in the case of an Industrial society, two members of the committee. (w) A receipt in tliis form with schedule attached, headed — " Inventory of goods at Mr. 's farm at ," was held in Marsden v. Meadows (7 Q. B. D. 80), not to be within the meaning of the Bills of Sale Act, 1878, because the sale by the sheriff 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-raone}', and not a muniment of the title of the purchaser as a bill of sale is. See ante, n. (Ji), p. 73, (?<;) Tlie ])urchascr. (cc) Valuation — or, other term expressive of the whole of the chattels sold. (y) The debtor whose goods were seized. (2) Or, other term, shortly describing the premises. (a) Add list of the chattels sold with price to each, making up the total amount named in the receipt. (6) Or, — administrator [with the will annexed]. (c) Or, — of the annexed bill. PRACTICAL FORMS. 333 their acceptance at months' date, for pounds [d), 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. No. CCCCXLVII. For a Debt due on a Promissory Note and Balance of Account {e). Eeceived, &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.) No. CCCCXLVIII. A Witness's Receipt. In the High Court of Justice, Division. A. B. V. C. D. (/). Eeceived on the day of , 18 — , of Mr. A. B., the above- named plaintiff {g), of Mr. E. F., his solicitor, pounds for any loss of time, trouble, and expenses in attending at I), [in the county of W., being a distance of miles from my residence] as a witness [in his behalf ] on the trial (Ji) of this cause. {Signature.) No. CCCCXLIX. For Money payable under a Policy of Assurance. Received on the day of , 18 — , of the trustees and {d) Or, — their acceptances at and months' date for £ each. (e) Discharges for debts due on promissory notes and bills of excliauge may be indorsed on the originals, and then no further stamp is required ; see 55 Geo. 3, c. 184, title " Keceipts." The usual indorsement of payment on these instruments is " Received the contents," adding the date and signature of the receiving party. (/) If in matters of lunacy — In the matter of A. B., a lunatic — or, if the inquisition has not terminated — a supposed lunatic. Or, if in bankruptcy, say — in the matter of A. B. a bankrupt. (9) Or, — C. D., the above-named Defendant — or, by the hands of, &c. (as ahove). {h) Or, — on the execution of a writ of inquiry — or, in a reference before E. R. and S. S., Esqs. — or, in a reference in this cause — or, if in lunacy, say — on the execu- tion — or, traverse — of the commission of lunacy against the said A. B. — or, if in bank- ruptcy, say — on the hearing of the petition or examination — or, to prove the trading and property of the said A. B. 334 PRACTICAL FORMS. directors of the Life Assurance Company the sum of pounds, in full satisfaction of that (^) 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 can- celled. jp . . {8ignature.) Witness, C. D., agent at M. No. CCCCL. For a Debt Secured by a Warrant of Attorney. Eeceived on the day of , 18—, of Mr. A. B. [of, &c., grocer], the sum of pounds, being the amount {j) 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 bis [or, my] expense {h). {Signature.) £ : — : — No. CCCCLI. For a Sj^ecijic Sum in satisfaction of an Order in Bastardy (J). Eeceived on the day of , 18 — , of Mr. (the putative father), by the cheque of Mr. (the draiver 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. (m), dated, &c., whereby the said (putative father) is adjudged to be the father of a male (7i) bastard child, begotten of me : And in considera- tion 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 whatsoever under or by virtue of such order (o) [or any other order in the matter]. (Signature.) £ : — : — (0 Or,— the. (j) Or, — balance. (k) By s. 8 of 3 Geo. 4, c. 39, if a jiulgo 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. (Z) This receipt is not binding upon the guardians in case of future chargcahility of the child upon the union. (wi) Oi; — city — or, borough — or, town and county of E. («) Or, — female. (o) To this may be added, if desired to be kept secret — And I undertake not to expose, molest — or, annoy the said (putative fatJur) in any way whatever in future. PRACTICAL FORMS. 335 <3 s P^ 1— 1 l-l o TD o t— I o o o w M o ^ & a 2 S •aoLyo ^ ^ •oea ■AONJ •;30 •^dag •gny •iinf ■aunf •A«I\[ •li.idy MBIII ■qsi •UBf •;sa.x3^ui JO 9iua bO bO ;^ a 'T3 CO =^ CC Cvl (M ^;" CO O o O c3 LO Ol LO CI 'tl o o o o o o o o o UO c^ o p o n a o id t-3 o c4 bo O C3 ;z; a o ^ 1^ o P5 5 o O o D o o3 > •T3 CO o o ;-■ O) d o a '3 o d a 336 PRACTICAL FORMS. O o o Q ■to ^2 h3 "^ OQ -t^ bD § g-2 -4J C 03 It's d £^'5 O O bt P^ a a d a- c3 fl m KcS O -§ 5=1 1-3 •-3 EH '73 0) s-> - CO ^00 A t . 00 '55 CO r:: 00 ^■% 9. 00 goo n 00 P-rH T? P -< 11 ^ K O CTi O IB J3 'tj rS ^ S § • g ■^ o S - ^ o 03 1 ,• d at s-i H -a ^ ■" OJ g g Q Ph t- p O W •aipung o 1—1 N JO -ON 01 C<1 (M a -►^ +^ rJ o 03 0) & w CI3 O CO ha. ^ f^ d • CO o) o d o 6 s-^ ?3 s » 1 03 , 1 -4^ c . o -t-J 03 -ij " a d) 03 03 g S a « M-i 03 bfl o c3 TO tH o l:;^^" f^- O S -^ O C d d o M „ CO O ^ 02 !^ & '. p d c« o 't o •*^ 00 OhOO <0 rH 03 T— i ;-• f^ CC P at pro- le deeds uments ite. CD a o •s •4- c/ bD To wh perty tl or doc rel c a> CO •aipunq O rH cq JO -ON oi (M M 1 PRACTICAL FORMS. 337 • > a 5~. o o o ^ o • o t? ^ ^ T3 SS a. a des 00 •Sny H •iinf >< ■ •li.idv •JUH <) a •qai •UtJf . s 3 Kl u a> d » O >. -*j s-« V p4 o u (X, •satotioj JO -0^ O O O O d 12; 1^ .■^ ^ O' Proposer's name, resi- dence, and occupation. 1 338 PB ACTIO AL FOB MS. EEMOVAL OF JUDGMENTS. No. CCCCLVI. Affidavit in su^yj^oi't of an Applicatio7i for removal of a Judgment or Order. In the High Court of Justice, Queen's Bench Division [q). I {the deponent), clerk to [the solicitor), of, &c., p;entleman, the solicitor for the above-named plaintiff, make oath and say as follows : — 1. On the day of , 18 — (jylaintiff) recovered a judgment in the Court of (r) against (defendant), for the sum of £ (s), in an action in which the said {plaintiff) was plaintiff and the said {defendant) was defendant {t). 2. The paper writing {u) now produced and shewn to me, and markt d A., is the record of the said judgment {x). The seal thereon is the seal of the said Court of , and the signature set and subscribed thereto is of the proper handwriting of Esquire, the Registrar {y) and proper officer of the said Court {z). 3. The said judgment {a) is in full force and wholly unsatisfied. 4. The said Court of — — is an inferior Court of liecord, in wiiich, at the time of the passing of the statute 1 & 2 Vict. c. 110, a barrister of not less than seven years' standing acted as judge (h) in the trial of causes. 5. [The grounds for the removal must here he stated, as that the defendant is out, or his 'property is situate out, of the jurisdiction of the inferior Court, or as the case may &e.] {q) See s. 22 of 1 e^ 2 Vict. c. 110 and Rule 9 of the schedule to the Borough and other Local Courts of Record Act, 1872 (35 & oG Vict. c. 8fl). — In tlie Queen's Bench Division it is the practice to intitle the affidavit in the Court, but not in the cause, on the ground that there is no cause in the Superior Court until removal. In the Chancery Division the heading may be : — In the High Court of Justice, Chancery Division. Mr. Justice . In the matter of the Act 1 & 2 Vict, c. 110. And in the matter of a judgment recovered in [or, rule — or, order — made by] the Court of — — , in an action between Plaintiif, and Defendant. (/■) Insert style of Inferior Court of Record. (s) Add (if so) — debt — or, damages and (If au) £ costs. (t) Or, — by a rule {or, order) of the Court of , made on the day of , 18 — , in an action in which, &c., the said {defendant, or, as the case may be) — was ordered to pay to the said {])Ial.ntij}") the sum of £ and costs, which said costs were subsequently taxed and allowed at £ , or {if no aeiion) say — an order of the Court of , intituled , whereby £ was ordered to be paid by to , together with costs, &c. («) (Jr, — parchment. (x) Or, — is the said rule — or, order. (y) t'r, as the case may be. (z) This paragraph is not actually necessary, as it will sufTice, on the ex parte, summons or motion, to produce the record of the judgment licaring the seal of the Court and signed by the proper oflicer, and so in case of a rule or order. («) Or, — rale — or, order. (Ji) Or, — assessor — or, assistant. PRACTICAL FORMS. 339 6. \If not contained hj inference in the 5th paragra2)h, the means of hnowledge shoidd he here stated.] SwoKN, &c. (as in i). 10). {Deiionent.) This affidavit is filed on behalf of . EESOLUTION. No. CCCCLVIT. At Second General Meeting of Creditors of Bankrupt (c). No. of 18— . In the High Court of Justice, In Bankruptcy. Ee (debtor). In the matter of a proposed Composition. We, the undersigned, being the statutory majority of creditors assembled at the second meeting in the above matter, duly held at this day of , 18 — , in accordance with the provisions of tlie Banla-uptcy Act do hereby confirm the resolution passed by the statutory majority of the creditors of the said (dehtor) assembled at the first meeting. (Signature of Chairman), Chairman. (Signatures of Creditors.) KESTRAINING ORDER. No. CCCCLVIII. Affidavit for grounding a Restraining Order on Stock (d). In the High Court of Justice, Chancery Division. (Name of Jiidge.) In the matter of the settlement, dated the day of , 18 — , made between of the first part, of the second part, and and of the third part (e), and In the matter of the Act of Par- liament 5 Yict. c. 5. I (the dei^onent), of, &c., gentleman, make oath and say that, accord- (c) See No. 04 of the Bankruptcy Forms, 1883. For form of minutes at first meeting as to resolution respecting proposed composition, see ante, p. 243, No. ccxc. {d) The writ of distringas is abohshed. Rules of Supreme Court, 1883, Ord. 46, r. 2, and Appendix B, Form No. 27. (e) The nature of the document comprising the stock, with the date and other z 2 340 PRACTICAL FORMS. ing to the best of my knowledge and belief, I am (/) beneficially interested in the stock comprised in the (g) above mentioned, which stock, according to the best of my knowledge and belief, now consists of the stock specified in the notice hereto annexed (h). (The Bejponent.) Sworn, &c. {as in iJ. 10). This affidavit is filed on behalf of , whose address is {i). EETAINER. No. CCCCLIX. Of Solicitor hy Plaintiff (k). To Mr. {the Solicitor), of, &c., Solicitor. I (Z) hereby authorize and request you to take such steps as you may consider expedient or be advised against {the debtor), of, &e., maltster, for {m) the recovery of a debt of £ due {n) from him to me on his bond (o) [dated, &c.J ; And I (p) further authorize you to particulars, so far as known to the deponent, should be stated sufficiently to identify the document. (/) f^^ (if tl^^ affidavit is made by the solicitor of the Applicant) A. B. of is. (r/) Settlement — I'V, will — or, as the case may be. (A) For a form of notice, see p. 250, Form No. cccii. («) State address for service. (k) It is prudent to obtain a ivritten retainer though it is not absolutely necessary, except in the case of a corporation, and then, unless otherwise authorized by Act of Parliament or charter, the retahier should be under seal, and a special retainer is necessary even where the articles of association exjjressly provide for the employ- ment of the particular solicitor by a company : see Ehy v. Positive, &c.. Assurance Company, 1 Ex. D. 88. No particular form of words to create the retainer is neces- sary, but care should be taken that the writ is issued in the name of the solicitor actually retained, and not in the name of the London agent unless he is so described. See Wray v. Ktmp, 26 Ch. D. 169, where a form of retainer is given, held insuf- ficient to authorize the commencement of an action. When the client is in humble circumstances and illiterate, it is especially desirable that the retainer should explicitly authorize the commencement of an action : see Atkinson v. Abbott, 3 Drew. 251. The retainer may be indorsed on the writ or originating summons. In the case of a next friend suing for an infant or other person under disability, the ■written authority to the solicitor mi;st be filed in the Central Office. Kules of Suj)reme Court, 1883, Ord. 16, r. 20. (/) Or, if given by more than one, say — We hereby — ^jointly and severally authorize, &c. (//*) Or, — for a libel published against — or, affecting — my character. Or, — for defamation of my character. Or,- — for wilful — or, malicious — trespass on lands belonging to me. (n) If due in a fiduciary character, say — appearing to be due from him to the estate of A. B., late of, &c., Draper, deceased. (o) Or, — promissory note — ur, acceptance to my bill of exchange — or, to a bill of exchange drawn by A, B. upon and accepted by C. D., and by him endorsed to me. Or, — for damages in respect of an injury sustained by me — cr, us — by reason — or, in consequence of the furious — or, negligent — driving of A. B. — ur, his servant — whereby my — or, our — horse was killed — or, seriously injured on the day of • last {or, us the case may he). (^) Or, — we jointly and severally. PRACTICAL FOB MS. 341 compromise, adjust, and settle {q) such claim, and to withdraw and terminate any action or other proceedings you may institute for the recovery thereof in pursuance of this authority, and to make such arrangements therein and relative to the said claim as you may consider most expedient or desirable for my interest. Dated this day of , 18 — . {Signature.) No. CCCCLX. Shorter Form for Plaintiff. I {client), of {address), {occupation), hereby retain (r) Mr. , of {l^lace of business), to commence and prosecute an action, on my behalf, against for the recovery of my claims upon him (s). Dated the day of , 18 — . {Signature of Client.) Witness {t). No. CCCCLXI. Short Form for Defendant. 18—, . No. — . In the, &c. (u). I {client), of {address), {occupation), the above-named defendant, autliorize {x) Mr. , of {place of business), as my solicitor, to appear to and defend the above action (y). {Signature of Client.) Witness, EEVIVAL. No. CCCCLXII. By Laridlord and Tenant of an Agreement avoided hy Bankruptcy or Non-performance. We, the within-named {landlord) and {tenant), hereby mutually agree to renew the within agreement (which has been rendered void {(f) And (if so intended) to accept such security and to allow time for payment thereof or of any part thereof, or to compromise, &c. (ks above). (r) (>;•, — authorize. (s) Or, iifter the words "on my behalf," add — in the High Court of Justice (or, as the case may be) for the administration of the estate of , deceased (or, as the case may he). (t) The signature of a witness is not necessary, hut often desirable, as where the client can only affix his mark. (u) Copy title in writ of summons. (j;) 0?', — hereby retain and employ. (y) Or, as the case may be. 342 PRACTICAL FORMS. by the bankruptcy (z) of the said {tenant)) upon the terms and stipuhitions therein contained. Witness our hands this day of , 18 — . {Signatures.) {StanijJ, 6d.) SCHEDULES. No. CCCCLXIII. Of Title-Deeds and Utidertahing (a). A SCHEDULE of title-deeds, evidences, and writings this day delivered by {the mortgagor), of, &c., gentleman, to me the undersigned {the mortgagee), of, &c., gentleman, upon the execution of a mortgage to me of certain lauds and heredita- ments, situate, &c., for securing the sum of pounds and interest. 6th and 7th October, ISGO. — Indentures of Lease and Release, the latter made between A. B. and C his wife, of the first part, C. D. [executor, &c.], of the second part, and E. F., of the third part. 17th October, 1860. — Certificate of acknowledgment by C. B. 25th December, 1871. — Indenture of Lease, made between, &c. 2nd October, 1878.— Copy of the will of A. B. 11th March, 1879. — Indenture of Assignment, made between, &c. (being an assignment of a lease for the residue of a term of years, &c.) {giving a list of all the deeds thus shortly). I, the above-uamed {mortgagee), iieheby acknowledge to have this day received the several title-deeds and documents comprised in the (z) Or, — forfeiture — or, 'breacli of conditions {or otherwise, as the case may he). (a) This form is drawn in the old style. As to the statutory liability of a mort- gagee, in respect of mortgages made after 31 December, 1881, to ])roduce his deeds to any one entitled to redeem, see the Conveyancing Act, 1881 (s. IG). The acknowledgment and undertaking now substituted by the above Act s. (9) for the old covenant by a vendor for production ami safe custody, may run thus: And the said {vendor) hereby acknowledg-es the right of the said {purchaser) to production of the deeds and documents mentioned in the [second] schedule hereto, and to the delivery of copies thereof. And hereby undertakes for their safe custody. The effect of this is to make the covenantor's liability whilst actual possessor more onerous, as it includes the default of an a'^ent as well as personal default, and therefore if the undertaking as to safe custody is, in the case of trustees and mort- gagees, given at all, it will be well to qualify it by (in the case of, e.g., a sale l\y irusteos retaining ])ossession of ti'le deeds) some such proviso as — but as to each of them, so as to limit the personal liability of himself and his heirs, executors, and administrators under this undertaking to the period while he or they respectively shall have the actual custody of the said respective documents. For a form tf con- dition of sale by a vendor retaining as mortgagee or trustee documents relating to pio}ie'-ty not comprised in the sale, and excluding any undertaking or covenant for safe custtidy, see ante, ]i. 9!h For a form of acknowledgment for production and safe custody given by a lord of the manor and a trustee on the ])Urchase of tlie eufraucliisement of copyhold properly, S' e In re Agg Gardiner, 32 W. It. 3.5G ; and for further forms in agreements consult index to the Author's "Piactical Forms of Agreements." PRACTICAL FORMS. 343 forgoinj^ schedule, ■» 1st December, 1867. A Affidavit by A. B. in support thereof. bstract No. 2. Do. As to the C lose called "Bell's Clo se." I 1 9th July, 1862. Conveyance, A. B. to CD. Delivered to the pur- chaser. 2 2 20th October, 1870. Copy Will of C. D. The Probate (produ- ced) is in the hands of W. D., of, &c.. Grocer. 4 3 16th March, 1871. Conveyance, W. D. (as devisee) to G. H. Delivered to the pur- chaser. 6 4 13 th November, 1871. A Mortgage, G. H. to S.L. bstract No. 3. This mortgage is held by th e m ortgagee, as it relates to other property comprised in it. His solicitor is Mr. W. R., of, &c. As to a Fi eld called " Ten Acres. » &c. &c. STAMPS, No. CCCCLXV. Memorial for having a Deed Stamjjed without Penalty after Time expired, or after alteration in the date {cf). To the Commissioners of Inland Revenue. The Memorial of A. B., of, &c., Solicitor, Sheweth, 1. That your Memorialist was present Qi) on the — day of (^f) Here may be substituted, according to the case — draft — fair copy. (.7) All applications for the remission, mitigation, or return of penalties, must be made by memorial, addressed to the Commissioners, and supported by statutory declaration (exempt from stamp duty). (/O Ifso,— with A. B. PRACTICAL FOUMS. 345 last, and saw C. D. and E. F. duly execute the unstamped indenture hereunto annexed and bearing date the day of last, being a deed of conveyance [or other deed], and made between, &c. [stating the names of the parties, hut not the additions] (i). 2. That ever since the date and execution of the said indenture it has been inadvertently and undesignedly mislaid, and was not dis- covered till the day of instant, when your Memorialist forwarded it, by the first post, to Messrs. C. & D. of London, his law stationers, for the purpose of having the same duly stamped. 3. That your Memorialist had no intention whatever of evading the payment of the stamp duties payable on such deed, but on the contrary, he fully intended to pay, and, but for the accidental cir- cumstance before stated, he would have duly paid the same ; and that he had not, and, in making the present application, has not any fraudulent intention or collusion whatsoever. Your Memorialist therefore humbly prays that your Honour- able Board will, under the circumstances stated, be pleased to direct the said deed to be forthwith duly stamped (k) according to law. And your Memorialist will ever pray, &c. (Signature.) No. CCCCLXVI. Declaration to aocompanj/ the above. I, H. M., of, &c., Solicitor, do solemnly and sincerely declare that the several allegations in my memorial hereunto annexed, and to which I have subscribed my name, are true : And I make this solemn declaration conscientiously believing the same to be true, &c. (as in p. 143). No. CCCCLXVII. Another Form, To the, &c. {as above). The Memorial, &c. {as above), Sheweth, That the indenture hereunto annexed, and bearing date the (i) If any alteration be made in the date of a deed hefore it is stamjicd, it is necessary to memoralisc the Commissioners for the pnrpose of having it stamped. In this case, instead of the two next sections, substitute the following :■ — That before the said deed was executed by either of the said parties, the word " " in the date thereof was written on an erasure — [_or, altered to — or, sub- stituted for — the word " " in my presence] ; and that such alteration was rendered necessary entirely through \Jiere state tlie cause els'] the mistake [(*/•, care- lessness — of the clerk — or, law stationer] of your Memorialist, and without any intention of evading the stamp duty or penalty in respect thereof [_or, without any collusion or fraudulent intention whatsoever], (Ji) If to be stamped after the time allowed for the purpose, here add — without penalty. 346 PRACTICAL FORMS. day of last, was, after ihe execution thereof {I), placed by the clerk of your Memorialist with other title deeds relating to the property therein comprised and handed to R. R., of, &c.j gentleman, as an equitable mortgage thereof; and that the fa(!t of the said indenture not being stamped was not discovered by your Memorialist until the day of instant, when the said deeds were returned to your Memorialist, by R D., his solicitor, on payment of the amount due to the said R. R., who had held possession of them from the time of their being so first delivered to him until the last mentioned day. That the omission to have the said deed duly stamped M'as occasioned entirely through the omission of your Memorialist's clerk, and not with any fraudulent view or intention whatever. Your Memorialist therefore humbly prays that your Honourable Board will, under the circumstances above stated, now be pleased to direct that the said deed be forthwith duly stamped according to law and without penalty. And your Memorialist will ever pray, &c. (w). {Signature.) No. CCCCLXVIII. Declaration as to the alteration of the date of a Deed previously to its being Stamped. I {the declarant), of, &c., solicitor, do solemnly and sincerely declare : — 1. That the indenture [of Release] hereunto annexed, purporting to bear date, &c. {stating it), and made between, &c. {stating the names of the loarties as in the deed), was duly executed by the said A. B. in my presence and in the presence of one C. D., my clerk {or as the case mag be), on the said day of last {or other time) ; and that the word " " in the first line of the said inden- ture was altered by me {n) to " — — " (o) before the said deed was executed by either of the said parties thereto. {!) This excuse must vnry accordinc!; to the circumstances of tlic case, such as that it was, after the execution thereof by some of the parties thereto, handed over to A. B., one of the releasees therein named, for the purpose of his obtaining the signatures of E. S., another party thereto, who resides at a distance, and H, H. on paying the several consideration moneys to them respectively ; And that the fact of the said deed not being stamped was not discovered by your memorialist until the day of , instant, when the same was returned to him by the said A. B., after he had obtained the execution thereof by the said E. S. and H, H. (m) Fur the Declaration to accompany tliis Memorial, see preceding form. {n) Or, — by the said C. D., in my presence {or, as Ihe case may he). " (o) Or, — if written on erasure — was substituted on an erasure for the word PRACTICAL FORMS. 347 2. That such altemtion was made bond fide, and not with a view of evading the stamp duties or any penalty [in respect thereof]. 3. And I make this dech\ratiou, &c. (as in p. 143). Subscribed and solemnly declared, &c. {as in p. 143). (Signature.) No. CCCCLXIX. Declaration for having Deed stamped after its return from Abroad. I (tJie declarant), of, &c., solicitor, do solemnly and sincerely dechire : — 1. That the indenture hereunto annexed, bearing date the day of 18 — , and made between, &c. {liere describe the imrties jjrecisehj as in the deed), was, on [or about] the day of last, sent by me to the said (the party abroad) for execution by him ; And that I received the same deed back from him within two calendar months last past (p), namely, on or about the day of last. 2. And I make this solemn declaration, &c. (as in p. 143). Subscribed and solemnly declared, &c. (as in p. 143). (Signature.) No. CCCCLXX. Declaration for procuring an Allowance of Spoiled Stamps (q). I (the declarant), of, &c,, solicitor, do solemnly and sincerely declare That the several stamps (r) hereinafter specified and described (that is to say) : — Numbei- of Stamps. Value of each. Description of Instrument. Total Value. Two One One One Four Two £ 1 1 1 s. 10 15 1 d. c G G Ad valorem Progressive Deed A'^reemeiit Bill or Draft .. Promissory Note £ 2 1 1 .s. 10 15 2 o O d. G Total.. Eleven 5 10 6 (p) If the time of its return cannot bo dei)osed to, instead of the following, her< add — and not earlier. (y) This declaration can now be made and the allowance ob'ained either at the Inland Peveuue Ollice at Sjnierset House, or tiirouudi tiie stamp Distributor in the district wlierein the declarant resides. But the latter course will, it is presiuued, be seldom taken, as it exposes the client's transactions to the post ofiicials, wh'ch is unilesirable, even if secrecy, to which they are bound, could be insured. The lorni is tlicrefore c^iveii here. (r) Or, if only one — the stamp. 348 PRACTICAL FOIiMS. are the property of me, this deponent (s), and were purchased by me (t), or for my use ; and that I (u) have paid or now stand in- debted for, and am (x) really and truly liable to pay the full amount or value thereof; And with regard to such of the pkins of parch- ment (y) upon which the said stamp (z) is impressed, as is (a) not written upon, I declare that the same have been inadvertently and undesignedly spoiled and rendered unfit for use (5) : And, with regard to such other of the skins [sheets, or pieces] of parchment [paper, or materials] on which the said stamp (c) is impressed, as are written upon, I say that the same have been inadvertently and unde- signedly spoiled or become useless ; And that the wrtinig thereon has not been signed by any party, or otherwise completed as a legal instrument, and hath not had any operation or effect whatever (d). And I further say, that I have not (e) been reimbursed or paid the value of the said stamps, or any part tliereof, by any other person or (s) If by a co-partner, here add — and my co-partner. (t) Or,- — by me and my said co-partner — or, for my — or, our use. (u) Or, — and my said co-partner. (x) Or, are. (y) Or, — sheets — or, bills — or, notes— or, pieces of paper — or, materials. (2) Or, — stamps. (a) Or, — are. (6) 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 th3rein — or, of it having been wrongly signed — or, accidentally blotted {or, as the case may be). In case of executed deeds or instruments, the following clause must be used — And, with regard to a deed (or, other instrument) 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 reason as above) ; 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 eflfect the transac- tion 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. (c) Or, — stamps. {'I) 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 — or, 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, ourj 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 ; And that the said bills of exchange have not been accepted by the drawees : And that aU the said bills and notes as are signed were signed within the period of six calendar months preceding the date thereof. (e) If declarant be in co-partncrshiii, here add — nor has my said co-partner — or, if more than one, — have my said co-partners — or, any or either of them. PRACTICAL FORMS. 349 persons ; And that if the value thereof shall be allowed me (/), by the Commissioners of Inland Revenue, I {g) will not ask or receive any compensation for the 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 particu- larly, so as to be again paid or compensated for the same, or any part thereof, directly or indirectly, in any manner whatsoever; And I further say, that all the said stamps have Qi) become use- less within the period of six calendar months [i] preceding the date hereof ; And, that the application now made by me (h) for an allow- ance for the value of the said stamps is without any fraudulent inten- tion or collusion whatsoever : And I make this solemn declaration conscientiously believing the same to be true, &c. {as in p. 143). Subscribed and solemnly declared, &c. (as in p. 143). (Signature.) No. CCCCLXXI. Connective Affidavit in connection with the Stamp Duties on Probates and Letters of Administration (J), 1. For increase of the duf if. 2. For return of duty on the ground of mistaJce. Legacy reference of the year 18 — , folio . Succession reference of the year 18 — , folio — . In the goods of (the deceased), deceased, I (m) (the executor), of, &c.. Grocer, make oath (n), and say as follows : — (/) Or,-us. {g) If partners, here say — neither I nor my said co-partner — or, co-partners — will ask, &c. (/i) Or, — the said stamp has. (/) Twelve calendar months are allowed for unexecuted documents. {k) If by a partner, here add — and my co-partner — or, co-partners. (J) 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 rectified 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. 3, c. 184, ss. 41, 43. The following is an abstract of the re,2;ulations under the Customs and Inland Revcuue Act, 1881 (44 Vict. c. 12, ss. 31, 32, 33), as to rectifying the amount of the (m) Or, if several executors, — we. Here state the names, residences, and descrip- tion of each executor. If described in the will, follow that descri[ition ; but if changed or incorrect, give the proper description, adding — in the will described as of, &c. (juJiJiiui that description). (n) If the deponent be a Quaker, instead of " make oath," substitute — solemnly afi^rm. 350 PRACTICAL FORMS. 1. A grant of probate of the will (o) of (the deceased), late of, &c., grocer, deceased, who died at D. aforesaid ( p) on the day of , 18 — , was made to me (q) by the Principal (r) Kegistry of the Probate stamp duty on affidavits of value made by executors or administrators in cases wliere too mucli or too little duty has been paid in 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 cii'cumstances 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 fon 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 affidavit, probate, or other documents be transmitted by post or left under cover at the office, the application cannot be noticed. 5. If the application 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 alter the discovery of the mistake, and must be duly stamxjed 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 stamp 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 c>f 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. 3, 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 of the grant, or from such subsequent date as the Commissioners may, 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 been examined and approved of and the interest has been duly paid, the necessary certificate will be written on the grant. 7. In casts 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 as regards a mistake in the value mentioned in the certificate of the officer of the Court of Probate ; (2) at any time within three 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, eitlier 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 established, and all legacy and succession duty then due having been paid, the warrant for the return of probate duty will be delivered. Iso fees or yratuities are to he taken hy any officer or clerk at the Inland Revenue Office, for anything done hy him in pursuance of the foregoing regulations, hut the whole husiness to he done there is to he free of exj^ense. (o) Or, — letters of administration — if so, — with the will annexed. (p) Or, — at D. in the city — or, in the parish of C. in the county of S. (y) 0'>\ — lis. (r) Or, — district. PB ACTIO AL FORMS. 351 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 verifieation of the account of the deceased's estate has been delivered, duly stamped, and it is stated that the gross value of the saitl 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) (s) 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 {t). 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 afoi-esaid, 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 {ii). 4. The said debts are due to persons resident within the United Kingdom ^^hose 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 death of the deceased, or voluntary debts pay- able under some instrument delivered to the donee thereof within three months before the death of the deceased, or debts wliich 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 Irom 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 (s) Adapt these parts to the circumstances of the case, striking out sucli parts as are unnecessary. (t) If too much duty has been paid, instead of paragraph 2 insert the following — The estate is still 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) * 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 value than the value originally attributed thereto — (B) and partly by 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. *Adapt these parts to the circumstances of the case. 352 PRACTICAL FORMS. effects of the deceased according to the true value thereof as now found and discovered, all which is submitted to the Commissioners of Inland Kevenue, praying that the sum of £ , being the amount which, with the duty of £ previously paid on the said aiB davit, will be suflQcient 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 (a;), and that the certificate on the said grant may be rectified as the law directs. All which is true to the best of my {y) knowledge and belief. Sworn [z) by the above-named A. B. (a). (Signature.) ACCOUNT. Gross value of estate as shewn by Account No. 1 annexed to the original affidavit dated — • — Aggregate amount of debts and funeral expenses therein deducted Net amount upon which stamp duty was paid .. Here state (h). Effects undervalued : — A steam-engine Growing crops Effects omitted : — A debt due on bond (then unknown) for Debts or funeral expenses improperly deducted Effects overvalued or not belonging to the de- CClISCCL •• •• •• •• •• Debts and funeral expenses in respect of wliicb no deduction has hitherto been made, as per schedule annexed To he signed by the executor making Oath or Ajfirmation. £ s. d. 30 50 50 30 10 10 10 5 500 30 469 176 £293 s. 10 10 10 d, (x) If too much duty has been paid, bere insert — that the sum of £ , being the amount of duty overpaid, may be returned to me — or, us — or, to Mr. A. B., of, &c. — or, to Messieurs A. B. and Son, Solicitors — or, my — or our agent — or, agents, whose receipt shall be a sufficient discharge for the same. {y) Or, our. (z) Or, — solemnly affirmed. See Jurat, ante, pp. 39 and 42. (a) The name of the deponent must be inserted here. (h) 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. PBACTICAL FORMS. 353 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 30 5 3 1 £10 10 10 10 Stamp duty previously paid on affidavit is Stamp duty chargeable according to the true value of the estate after deducting the debts and funeral expenses as per annexed account is Amount to be returned is £ s. 25 15 £10 d. STAY OF PROCEEDINGS. No. CCCCLXXII. Affidavit of Consent to Judges Order for a Stay of Proceedings (c). 18— — , No. . In the Higli 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 (d), and resides at (e). Sworn, &c. (as at p. 10). (c) This must be tiled within twenty-one days of the order being obtained : see Debtors Act, 1869, ss. 27, 28. For form of consent, see p. 121. (cZ) State occupation. (e) State residence. 2 A 854 PRACTICAL FORMS. TRUSTEES. No. CCCCLXXIII. Affidavit in Support of an Application to the Court for the Appointment of a New Trustee (/). 18— — , No. . In the High Court of Justice. Chancery Division. (Name of Judge.) Between, &c. {stating the ])arties). I, [the deponent), of, &c., Grocer, make oath and say as follows : — 1. I have for years last past known and been well acquainted with (the new trustee), of, &c., clerk in holy orders {g), the person proposed to be appointed a new trustee of the will [h) of {the testator), late of {residence and addition), deceased, the testator in the judg- ment {i) in this action {h), dated the day of , 18 — , named. 2. The said {neiv trustee) is rector {I) of the said parish of . 3. In my judgment and belief the said {neiv trustee) is a fit, proper, and eligible person to be appointed a new trustee of the said will (m). {The Beponent.) Sworn, &c. {as in p. 10). UNDERTAKING {n). No. CCCCLXXIV. To pay a Commission. {Place.) Sir, (^^^"•) If the proposed loan of £ , or any larger or smaller amount, (/) For a form of consent fur the new trustee to act, see p. 120. {(j) Or, — merchant — or, a retired captain in Her Majesty's service (or other addi- tion). (Ji) Or, — of the indenture of settlement dated the day of , 18 — , made on the marriage of with in the judgment [or, order], dated, &c., mentioned, or as the case may be. (t) Or, — order. (h) Or, — matter. (/) Or, — vicar — or, curate — or, if avy other prrson — is now a householder and permanently residing in the said parish of D., in the [said] county of S., and (if so) has for years last past carried on business as a banker — or, wine merchant (or, as the case may lie), at in the county of , and is a person of good credit in the neighbourhood in which he carries on his said business, and a person of business habits, strict honour, and integrity. (ta) Or, indenture of settlement. (n) For an undertaking as to production and safe custody of title deeds, see ante, title, Conditions of Sale,-^. 99, and Schedules, p. 342. PB ACTIO AL FORMS. 355 is carried out through yonr introduction, I undertake, when the con- tract for such loan is couchided, to pay you a sum (o) of pounds by way of commission {'p) ; Ayid this shall be a sulficient 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. C. {Address.) No. CCCCLXXV. To release a Debtor on payment of a Composition by Instalments (q). We, the undersigned, {creditors) of, &c., gentlemen, hereby acknow- ledge that we have this day received from {the 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 (r) 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 jmrpose), bearing date, &c.] : And we undertake, in consideration of 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 what- soever. Dated this day of , 18 — . {Signatures.) (o) 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. (p) Or, — douceur. Iq) A release on jiayment of the composition should be by deed with 10s, stamp. The stamp for this agreement under hand only would be (\(l. (r) 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 inhstate'), late of, &c., draper, in respect of our respective distributive shares of such estate and effects. 2 A 2 356 PRACTICAL FORMS. VALUATIONS (s). No. CCCCLXXVI. Of Freeholds. I have inspected the freehold property of Mr. C. T>.,\ situate at W., in the parish of D., consisting of a sub- stantial brick-built (t) and commodious dwelling-house [in the Elizabethan style], with convenient offices, yards, coach-house, stable, walled-in garden, orchard, paddock, and acres of rich (u) meadow (x) land and common rights for horses and cows in the marsh at F., all in his own occupation (?/) ; 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 (z)], and the value of his interest therein [at years' purchase] to be . . £ s. d. I £- - - Deductions : — Annual fee-farm rent of £- &c. &c. Gr. o., Builder [or, Surveyor]. (Place and date.) No. CCCCLXXVII. 0/ Cojjyholds. 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. (a), 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. (b), 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] \j\j L'w •« «• •• •• •• •• •• •• G. S. [as above). s. d. £- - - (s) Valuations made for the infonnation 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. {t) Or, — stone-built. (m) Or, — excellent. (x) Or, — pasture. (y) Or, — in the occupation of Mr. A. B,, a respectable yearly tenant, at the rent of £ , or, partly let at £ per annum. (2) Valuations for the Inland lievenue Department must show tlie amount at which the property is rated under the Property and Income Tax Acts. (a) If so — let at £ a year. (b) O/-,— under the Earl of a.--(>r, W. E., Esquire. PRACTICAL FORMS. 357 Deductions : — Property tax Lord's rent Life insurance . . Fire „ Keoairs £ s. d. , . - - - per ann. • • ~ ~ ~ jj ' ' ~ ~ ~ 5) Total . . Note. — A heriot of the copyhold life. ..£--- - is payable in respect of on the dropping of each No. CCCCLXXVIII. Of Leaseholds. One leasehold house, No. , High Holborn, London, held for the residue of an absolute term of years, now let, per annum, at £- - - Deductions : — £ s. d. Ground rent . . Repairs Land tax Fire insurance This, at years' purchase, gives £- - - I have surveyed the above property this and value the same at the sum of £ ( pounds) day of , 18 — , {The Surveyor), Land Surveyor. {Addi'ess.) No. CCCCLXXIX. 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 Jb — — — The premium paid being . . . . ..£--- The difference being I therefore value the policy at £ . £_ _ _ A. B. Actuary. 358 PRACTICAL FORMS. No. CCCCLXXX. 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 per head 10 two-tooth rams Poultry . . } £ s. d. Dead Stock. 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 £ s. d. 6 coats &c. Wearing Apparel. &c. Household Furniture. In the Kitchen. — 1 clock . . . . . . _ _ _ &c. &c. _ _ _ Dining Room. — 1 Turkey carpet . . . . _ _ _ &c. &c. Draiving Boom. — 1 Brussels carpet . . . . _ _ _ &c. &c. _ _ _ Lease for years, from Michaelmas, 18—, of testator's dwelling-house, at pounds per annum, subject to the annual rent of pounds taxes and other outgoings . . - _ _ &c. &c. &c. I value the whole of the above at £ ( pounds shillings and pence). CD. Sworn Appraiser (c). (Place.) (Date.) (c) If the valuation be made for Probate or Administration, the person valuing need not be a lieensed or sworu apiiraiacr, nor is any stamp on the vaUiatiou neces- sary. PEACTICAL FOB MS. 359 WARRANTS OF ATTORNEY (d). No. CCCCLXXXI. To confess Judgment. To A. B. and C. D., Gentlemen, Solicitors of tlie 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 {tlie debtor), of, &c., gentleman (e), in the Divi- sion, or any other Division of the High Court of Justice, forth- with, and then and there confess a judgment against me [my heirs, executors, and administrators,] in an action for £ for money found to be due and payable from me [iisually double the amount of the debt actually due (/)], at the suit of the said {creditor), his executors or administrators or assigns, and to suffer the same to be thereupon entered up against me of record of the said court, for the sum of pounds, besides costs of suit : And I the said [debtor) (g) do hereby further authorize and empower you, the said solicitors, or any one of you, after the said judgment shall be entered up as aforesaid, for me (h) and in my name (^), and as my act and deed (k), 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 benefit and advantage thereof, and of all 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 game : 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 sufiScieut warrant and authority. (d) Warrants of attorney and cognovits to confess actions have practically fallen into disuse, as they are superseded by the simpler and quite as efiective mode of pro- cedure by orders for judgment by consent and upon terms : see Form of consent, ante, p. 121, and affidavit thereto, ante, p. 353. (e) Or, — us, E. F., of &c., grocer, and G. H., of &c., tailor, or either of us. (/) ^'"5 — if for money due on bond, double the amount for which is given, — here adding — on a certain bond or obligation made and entered into by me — or, us — the said {debtor) — or, (dehiorf;) — [and, if vifh a surety — L. M.], in the penal sum of pounds — or, for goods sold and delivered to me by the said {creditor) — or, for so much money Ijorrowed by me — or, due and owing from me — or, us — to the said creditor — at the suit, &c. (as above). {g) Or, — we the said {debtors). {h) Or, — for us. (j) Or, — our respective names. (Je) Or, — our respective acts and deeds. 360 PRACTICAL FORMS. In witness whereof I {I) have hereto set my haod and seal (w) this day of one thousand eight hundred and {n). {The Debtor.) Signed, sealed, and deliveeed by the above-named {debtor) in my presence ; and I declare myself to be the solicitor for the said {debtor) expressly named by him, and that I subscribe my name as such his soli- citor (o). {Solicitor s signature.) (L. S.) No. CCCCLXXXII. Defeazance thereon (p.) A. B.") Memokandum, that the within {q) warrant of attorney is V. > given to secure the payment from the within-named {debtor) C. D. j to the within-named {creditor) of the sum of pounds [with interest] on the day of next {r) : 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 (s) 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 said {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 (0 Or,— we. (m) Or, — our respective hands and seals. (7i) The wanaut iiiust be stamped according to the amount of the security :' see schedule to Stamp Act, 1870, under heading " Mortgage." (o) See 1 & 2 Vict. c. 110, s. 9 (re-enacted by 32 & 33 Vict. c. G2, s. 24), and Lindley v. Girdler, 13 L. J. (N. S.) Q. B. 53. For a form of affidavit of the exe- cution of the warrant of attorney, soo post, p. 362. (17) The defeazance does not require a separate stamp to that upon the warrant. (q) Or, — foregoing. (*•) Or, ir made iia.)ablc 1iy instalments — on the days and in 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 fui'ther 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, heie aiki — 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. (,s; (^c,— foregoing. PRACTICAL FORMS. 361 executors and administrators shall be, and is and are hereby pre- cluded from instituting 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 howsoever. As WITNESS our hands the day of in the year of our Lord 18—. {Signature of Debtor and Creditor.) Witness (Signature). No. CCCCLXXXIII. Defeazance on Warrant of Attorney for securing Payment of Bills of Exchange. Whereas the within-named (dehtor) 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 {t) the three bills of exchange specified in the schedule hereunder written, drawn upon hhn 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 attorney 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-named (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 the 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 £ Fwith interest after tlie rate and to be computed as aforesaid, on the day of nextj : And m 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 (t) O/,— endorsed the bills of exchange specified in the schedule hereunder written and drawn by the said (creditor) upon and accepted by (a third parti/). 362 PRACTICAL FORMS. be signed and an execution or executions may be issued for the whole 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. (Signatures, see preceding form.) Dated this day of , 18 — . The Schedule referred to in the foregoing Defeazance. Date of Bill. Amount of bill. When due. 6th June, 18—. &c. £ 500 &c. s. d. 9tli October, 18—. &c. No. CCCCLXXXIV. Affidavit of Execution of Warrant of Attorney (u). 18—, — , No.- In the High Court of Justice. Queen's Bench Division. Between plaintiff (x), 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 (y) bears date and was executed by the above-named defendant in my presence on the day of instant (z), and that the name (solicitor's name) set and subscribed as the witness attesting the signature of the said defendant thereto is in my handwriting. (Signature.) Sworn, &g. (as at p. 10). («) See 3 Geo. 4, c. 39, s. 1, and the Debtors Act, 1869 (32 & 33 Vict. c. 02), s. 26. Fee on filing, 2s. Oc?. ,..,,...,. -r- .•* ^r.A (x) It is not e.ssential that the affidavit be also intituled in the cause, if intituled in the Court. . (y) Or,— The original warrant of attorney, of which the annexed is a true copy. (2) Or, — last. PRACTICAL FORMS. 363 WILLS. No. CCCCLXXXV. Affidavit hy an Attesting Witness of the due Execution of a Will or Codicil dated after ?t\st December, 1837. In the Higli Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The Principal Registry (a). 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 (l) of (the testator), late of, &c., Maltster, deceased, the said will (h) being now hereunto annexed, bearing date , and that the said testator executed the said will (h) on the day of the date thereof by signing liis name at the foot or end thereof (c) 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 tlie same time, and we thereupon attested and subscribed the said will (h) in the presence of the said testator. (The Beponent.) Sworn, &c. (as in p. 10). No. CCCCLXXXVI. Affidavit hy an Attesting Witness verifying Alterations in a Will before Execution. In the, &c. (as in preceding form). I (the Deponent), of, &c.. Grocer, make oath and say that I am one of the subscribing witnesses (d) to the last will and testament (e) of C. D., late of, &e.. Maltster, deceased, the said will (/) being now hereunto annexed, bearing date, &c. (g), and having viewed and perused the said will, and particularly the attestation clause there- to (h), I make oath and say that the word " " was interlined in (a) Or, — The District Registry at D. {h) Or, — codicil. (c) Or, — in the testimonium clause thereof. Or, — in the attestation clause thereto (as the case may be), meaning and intending the same for his final signature to his will. (d) Or, — one of the attesting witnesses. (e) Or, — codicU — or, to the last will and testament and codicil. Or, — to the first, second (or other) codicil to the last will and testament. (/) If so — and codicil. () It' this affidavit be sworn before a different commissioner from the one swear- ing the executor, the will must be signed by him also. ( 367 ) INDEX. -•o^ ABSTRACT OP TITLE schedule of deeds comprised in, 343 ACKNOWLEDGMENT as to production and safe custody of deeds, 342, n. (a), 343, n. (b) of a deed by a married woman, 1 to be enrolled, 2 of another's title to property, 7 of easement belonging to others, 7 of recognizance, 3 of registry of a friendly society, 3 provident society, 3 amendment of rules of a friendly society, 4 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, 298, n. (s) of right to lights, 7 walls, 8 statutory, for production of documents, 99 ADMINISTRATION affidavit for Commissioners of Inland Revenue, 11 of justification by sureties, 10 of service of smnmons in Ch. Div., 18 in support of summons in Ch. Div. by creditor, 17 corrective affidavit as to stamp duty on letters of, 349 bond, 84, 318, n. (c) endorsement on letters of, 188 notice to claimants other than creditors in administration action, 253 to creditor to produce documents in ditto, 254 to creditor to prove his claim in ditto, ib. to creditors to furnish claims against deceased person (preliminary), 251 (final), ib. pending administration action, 252 oath for administrator, 8 with the will annexed, 10 regulations as to personal application department for grants of letters of adminis- tration, 317, n. (c) AFFIDAVIT (in general) the parties making, 21 the subject-matter — the debt, 22 statement of cause of action in — (Special contracts) for arrears of annuity, 23 for freight under a charterparty, 26 for premiums of insurance, 25 for principal and interest due on mortgage, 22 same by assignee, 23 for rent due on lease, 24 368 INDEX. AFFIDAVIT (in general) — continued. the subject-matter — the debt — continued. statement of cause of action in — continued. (Special contracts) upon a judgment, 24. upon a policy of insurance (voyage), ih. (time), 25 (Articles of agreement) for payment of a debt, 26 for premium upon lease, ih. for debt on award, ih. for money due on bond, 27 on annuity bond, ih. on arbitration bond, ih. (Simple contracts) Bills of exchange drawer against acceptor, 28 indorsee or bearer against drawer, ih. payee against drawer, ih. payee or indorsee against acceptor, 29 indorsee against acceptor (foreign), ih. Promissory notes payee against maker, 29 on a note payable by instalments, 30 indorsee against maker, ih. indorsee against indorser, ih. Cheques payee or bearer against maker, 31 (General subjects) for agistment and for horse keep and stabling, 35 for board and education, 33 and lodging, ih. for demurrage, ih. for double rent, 31 for double value, 32, n. (m) for freight, primage, or average, 38 for hire of horse and carriage and for standing of carriage, 32 for interest, 34 for goods sold and delivered, ih. for money in exchange of property, 31 lent, paid, received, or due on account stated, 34 for passage money, 39 for tithe rent-charge, 35 for use and occupation, 31 for use of dair}', 33 for use of pasture and eatage, 32 for wages or salary, 33 for wharfage and warehouse-room, 32 for w^ork and labour, 34 for work as an agent, 34 as an architect, 36 as a carrier, 38 as a coachmaker, 37 as a dancing-master, ih. as a factor, 38 as an insurance broker, ib. as a notary, 36 as a nurse, 37 as a schoolmaster, ib. as a shipwright, ih. as a solicitor, 35 as a surgeon and apothecary, ib. as an undertaker, 36 INDEX. 369 AFFIDAVIT (in general) — confimied. the form of jurat, 39 sworn in court, ib. on circuit, ib, at judge's chambers, ib. private house, ih. before a chief clerk, ib. a master, ib. a commissioner, ib. by two or more deponents, 40 by a blind person, 41 by a deaf or dumb person, ib. by a foreigner, ib. by a marksman, ih. AFFIDAVIT by administrator, 8 with the will annexed, 10 by annuitant under a bond to prove arrears due, 20 by attesting witness as to alterations in will before execution, 3()3 after execution, 361 of due execution of, 365 by creditor to prove a debt, 19 by executor for probate, 317 as to plight and condition of will, 365 by parliamentary candidate for relief, 184 by petitioner of withdrawal of election petition, 185 corrective as to stamp duties on probate or letters of administration, 349 exhibits, 190 for Commissioners of Inland Revenue, 11 for grounding restraining order on stock, 339 ' in interpleader proceedings by sheriff, 205 answer thereto, 207 by stakeholder, 204 answer thereto, 206 in support of administration summons in theCh. Div, by a creditor, 17 of application for bail, 67 for removal of judgment or order, 338 to court for appointment of new trustee, 354 of (garnishee order for attachment of debt, 54 mayor's jurat to declaration of execution of power of attorney, 312 of consent to judge's order for stay of proceedings, 353 of execution of power of attorney, 316 of warrant of attorney, 362 of will by marksman, 365 of justification by sureties, 16 of loss of articles of clerkship, 49 of service of administration summons in the Ch. Div., 18 of bankruptcy notice, 68 petition, 69 of judge's summons for procuring bail, 66 of truth of statements in petition in bankruptcy, 68 on registration of a bill of sale, 76 on renewal of registration of a bill of sale, 77 regulations as to form of, 21, n. (e) verifying the debt in bankruptcy, 69 by a surety, 70 verifying the signature to a consent for entering satisfaction of a bill of sale, 77 under Order XIV. for leave to defend, 207, 208 in reply, 207, u. (k) in support of application for judgment, 207, u. (k) 2 B 370 INDEX. AFFIRMATION form of, 42 AGE declaration as to, 153 for an assurance society, 153 own age, 154 AGISTMENT claim in affidavit for, 35 AGRICULTURAL HOLDINGS ACT appointment of bailiff's of county court under, 177, n. (h) ANNUITANT— /See also Annuity affidavit by, to prove arrears due under a bond, 20 ANNUITY claim in affidavit for arrears of, 23 notice of assignment of, 300 APOLOGY demand of, for slander, 167 form of, ih. APPOINTMENT affidavit in support of application to Court for new trustee, 354 of an arbitrator under the Lands Clauses Act, 1845, 42 of a municipal election agent, 43, n. (c) of a parliamentary election agent by candidate, 43 of a coroner, ih. of a steward, 44 of a gamekeeper, 45, 46 declaration by candidate as to parliamentary election agent, 136 APPRENTICESHIP indenture of, 47 ARBITRATOR appointment of, under Lands Clauses Act, 1845, 42 notice of under, &c., 246 declaration by, 139 notice to appoint an umpire, 247 ARTICLES OF CLERKSHIP affidavit of loss of, 49 ASSIGNMENT notice of, to trustees for benefit of creditors, 255 of a policy of life asssurance, 50, 52, 53, 54 notice of, of an annuity, 300 of a bond debt, 296 of a book debt, 297 of a business and book debt, 296 of a policy of life assurance absolutely, 299 by way of mortgage, 297, 298 ATTACHMENT OF DEBT affidavit in support of garnishee order for, 54 ATTESTATION for attested copies, 56 for deeds, 55 for wills, 56 of petition in bankruptcy by more than one petitioner. 307, n. (ry) INDEX. 371 ATTORNMENT authority to tenant, 58, 59 by tenant id purchaser, 57, 59 AUCTION notice to persons attending, of consequences of purchasing property, 302 AUCTIONEER authority to sell goods, 62 property, 61 AUTHORITY demand on plaintiff's solicitor whether writ issued by him, 163 for making an application for payment of money out of Chancery pay-office, GO to bankers to pay dividend to agent, 65 to kill hares, 62 to pay amount due on life policy to purchaser, 64 insurance money to a mortgagor, 64 mortgage or purchase-money to a third party, 63 to Paymaster-General to pay dividends, 59 to receive a dividend in bankruptcy, 60 purchase or other moneys, 64 to sell goods, 62 property, 61 to tenants to attorn, 58 to trustee to pay part of trust moneys to reversioner, 65 AWARD claim in affidavit for debt on, 26 BAIL affidavit in support of an application for, 67 of service of a judge's summons for, 66 Crown Office rules relating to — See Preface, vii. BAILIFF appointment of, by judge of county court to levy distress under A. H. Act, 1883, 177, n. (h) notice to, of county court of landlord's claim for rent, 264 warrant to distrain for rent, 175 BAILMENT demand of return of articles delivered by bailor, 169 BANKRUPTCY affidavit of service of notice, 68 petition, 69 of truth of statements in petition in, 68 verifying the debt, 69 by a surety, 70 authority to receive dividend, 60 business at first meeting of creditors, 258, n. (/) declaration of inability to pay debts, 140 endorsement of registry of proceedings, 187 on notice in, 256, n. (s) of first meeting, 258, n. (/) minutes of meeting for receiving resignation of trustee, 244 of proceedings at first meeting of creditors, 243 notice by trustee of intention to disclaim lease, 261 convening second meeting to confirm composition, &c., 259 in, 256 in Gazette of substituted service of petition, 257 2 B 2 372 INDEX. BANKRUPTCY— coH^tnwec?. notice of adjudication, 257 of assignment to trustees for benefit of creditors, 255, n. (cf) of debtor's application for discharge, 263 of dividend, 262 of intention to declare dividend, 261 of meeting of creditors, 259 to be held to appoint new trustee, 260 to remove trustee, ih. of receiving order, 257 to creditors and official receiver of application to Court to sanction compo- sition, &c., 259 to creditors of first meeting, 258 to debtor to attend first meeting of creditors, 258 offer of fragmental estate to creditors before presenting petition, 166 receipt for dividend, 330 request for issue of notice in, 256, n. (t) resolution at second general meeting of creditors, 339 revival by landlord and tenant of agreement avoided by, 341 statement to accompany notice of dividend, 262, n. (e) BAPTISM declaration for verifying a certificate of, 149, 150 where original register lost, 150 BASTARDY petition by widow of intestate bastard, 309 receipt for specific sum in satisfaction of order in, 834 BILL OF COSTS general requisites as to, 199, n. (u), 202, nn. {j>), (a;), 203, n. (S'ee Endorsement. INDUSTRIAL SOCIETY certificate of registration of dissolution of, 93, n. (c) declaration by officer accepting transfer of engagements, 130, n. (A) in support of amendment of rules, 128, n. (r) to accompany instrument of dissolution, 131, n. (m) verifying statements in application for direction to transfer stock, 129, n. (y) INLAND REVENUE mode of addressing Commissioners of, as to remission of penalties, 344, n. (-written and considerably En'arged. By Loc-ti s Li; GH PKr.tPERTOM, one of the Registrars of the Supreme Court of Judicature ; Author of "The PraLtice in Equity by way of Revivor and Supplement.'' Crown Svo. cloth, 4.?. A TREATISE ON THE EMPLOYERS' LIABILITY ACT. I o- which is added a Chapter on Lord Campbe'Ts Act, and the Act amending same. By His Honour Judge I'urner. " Tliis little book is likely to take a high place in the literature of the • ubiect . _. ._ . . The book wil therefore be invaluable to counsel preparing an argument on any dcbateable point in the statute, and to advocates in the County Courts It can only be said tbat his t.i.sk was conscientiuusly performed ; and he has succeeded in producing a book of great thoroUf;hness."— irzit/ Journal. Demy Svo, cloth, 6s. THE ELECTRIC LIGHTING ACT, 1882, the Acts Incorpo- rated therewith, the Board of Trade Rules, together with riu.nerous Xo'cs and Cases. By Clement Hk.uINS, Kccorder of liirkcnhead, MA. Cai.t.^b., Fellow of the physical Society of Loudon, itc. ; and E. 'VV. W. Eijwakus, 1!.A. Oxon, l!arrister-rt-Law. "'This work Is one which should be upon the book-shelves for ready reference of every local authority and electric lig'^t c.-'r-many. The notes are concise, but at the same time thoroughly explicit, and given in language equally Intelligible to the professional and non-profossional reader."— .(//.•.■/«^ Journal. Crown Svo, cloth, ^s. THE INSTITUTES OF JUSTINIAN,,Tliustrated by English Law. IntciuUd ciii..ily fur Siudcni-- at the I.'n'versiiies and Inns of Court. By JaiME!) Williams, B.C.L., M.A., of Linco'n's Inn, Bariisti;r-at-L:iw. ' ^ by paragraph with English law m ^^y^'mfm^^^ WM. CLOWES AND SONS, Limited, UC SOUTH* RRfcRY FACILITY f^f^ 000 744 320 Crcjivn 8vu, cloth, fix. THE LAW OP BILLS OF 'SALE, as mc Act (1878; Amendment Act, 188?. With an Appendix of S..miie^ and Trecedents. By Harkv New-on, Ksq., LL.B. (Lond.). of the Midd'e Temp'.e, Barrister-atLaw, Author of "A Digest of the Law of Shii^iping and Marine Insurance." , , , , 1 • u i. 1 "The book is one of the :ii >st suisfactory performances on _a branch of the law which has recently suffered amendment by the Legislature that we have ever seen.'"— /.««' Ttiius. Revised Edition, crown 8vo. cloth, 25. 6.k., LL.i;., Barrister-at-Law. Roval 8vo, cloth, I2,r. M. BITTLESTON S REPORTS IN CHAMBERS (Q. B. D.), 188—4 • arranged 'n Alphabetical Order according to their subject-matter, and under the Hules of Court respectively applicable, with Notes and an Index. By Ada.m H. BittlesTO.v, of the Inner Temple, Barrister-at-Law. Demv 8vOr,«s.r. APPEALS PROM THE CONVICTIONS AND ORDERS OI" JUSTICES. By John G. Tkottek, Assibtant-CU-.rk. to Just ce>, Guildli..'!, London. Fourth Edition, royal Svo, cloth, 17^. (>d.- : THE CONVEYANCING ACTS, 1881 and 18P2, with Explana- tory Notes nnd Precedent, including (i) Gcncr.ii For:n< : (2) Conditions of Sale : (.0 I u'cha>e Deeds; (4) Mortgages and Tran:-fers; (5-1 Settlement of Per onal Estate; (6-; \\ ills of Personal of the Court, and Richard (Jttawav Turner, of Lincoln's Inn, Barrister-at-Law. Second Edition, royal Svo, cloth, 15J. THE SETTLED LAND ACTSJ 1882 and 1884. With additional Notes. Forms, and Precedents. Adapted for u c under the Act ?nd Rules. By Edward Parkrk WoLsiKKHOLME, of Lincoln's Inn, Harrister-at-Law, and one ol the Conveyancing Coun^el of the Court, and Richard Ottaway Turner, ot Lincoln's Inn, Harrister-.-\l-Law. Ninth Fditio-- ' •\ <-'oth, 7J. (sd. THE STUDENT'S BLAC 'E. Being the Commentaries of the Laws of England of Sir William _y£, Knt. Abrid.;ed and Adapted to the Prc.-ent Stalj of the Law. By R. M. N. Kerr, M.A von" Barrister-at-Law. Demy Svo, cloth, 18^. PATENTS. DESIGNS, AND TRADE-MARKS (the Law, Practice, ai'i IV,.red^ire relating -o). Coutjiai'ig the Patents, l)e>;ij;i-.s and Trade-Marks Act, iS'^i and iSS^; ; T/ith the Ri'lt? .uid Forms, and the ifTicial Ininictions, Regid tions, and Notices issued iu piir^uancs of tie A'-f ; and aiso the Law t)fricor^' Rules ard Pti> y Council Rules: with full Notes and C:om- ments. By Seward Bi;ice, M.A., LL. IJ. (Lond.), of the Inn-.r Temple, Esq., Barriblii-at-Law, Aut lor of a "Treatise on the Doctrine of Ultra i'irt'S.'' Roval Svo, cloth, i^f. oy. THE BILLS OP EXCHANGE ACT, 1882 ; with Notes of Cases I prior tr und since the ras-.ing "f the same, with an Apj.endix .and l.id^x. By Aviet .Ai;ai!EG and WiLi . ,.\i F. i;.vni