*I. A general demurrer for want of equity (where there is only one defendant.)

In Chancery.

The demurrer of F. C. E. defendant, in the bill called F. E., to the bill of complaint of A. B. complainant.

This defendant by protestation not confessing or acknowledging all or any of the matters and things in the said bill of complaint contained to be true in such manner and form as the same are therein and thereby set forth and alleged (16), doth demur in law to the said bill, and for cause of demurrer showeth that the said complainant hath not by his said bill made such a case as entitles him in a court of equity to any discovery or relief from or against this defendant (17) touching the matters contained in the said bill or any of such matters; [Or thus: And for cause of demurrer saith that it appears by the said complainants' own showing by their said bill of complaint that the said complainants are not entitled to the discovery or relief prayed by their said bill against this defendant (18);] Wherefore and for divers other good causes of demurrer appearing in the said bill of complaint this defendant doth demur to the said bill, and to all the matters and things therein contained, and prays the judgment of this honorable court whether he shall be compelled to make any further or other answer to the said bill, and he humbly prays to be hence dismissed with his reasonable costs in this behalf sustained.

(16) If a demurrer is only to a part of the bill, (as where a discovery is sought of the defendant's title) insert the following form after the word alleged':

As to so much of the said bill as seeks that this defendant may answer and set forth whether &c. or as seeks any discovery from this defendant whether &c. [ setting out the interrogatories] this defendant doth demur in law, and for cause of demurrer sheweth' &c.

(17) If the demurrer is only to a part of the bill, insert the following words after the word defendant':

'As to the matters hereinbefore specified or any of such matters; Wherefore' &c. [and conclude as in page 83, postea.]

(18) See other forms of a demurrer by a defendant for want of equity, postca, p. 77, 8; and p. 80.

II. A general demurrer for want of equity (where there are several defendants.)

In Chancery.

The demurrer of D. D., J. D., and S. K. three of the defendants to the bill of complaint of S. S. complainant.

These defendants by protestation not confessing or acknowledging all or any of the matters and things in the said complainant's bill contained to be true in such manner and form as the same are therein and thereby set forth and alleged, do demur to the said bill, and for cause of demurrer show that the said complainant has not by his said bill made such a case as entitles him in a court of equity to any discovery from these defendants respectively or any of them, or to any relief against them, as to the matters contained in the said bill or any of such matters, and that any discovery which can be made by these defendants or any of them touching the matters complained of in the said bill or any of them cannot be of any avail to the said complainant for any of the purposes for which a discovery is sought against these defendants by the said bill, nor entitle the said complainant to any relief in this court touching any of the matters therein complained of; Wherefore and for divers other good causes of demurrer appearing in the said bill these defendants do demur thereto, and they pray the judgment of this honorable court whether they or either of them shall be compelled to make any further or other answer to the said bill, and they humbly pray to be hence dismissed with their reasonable costs in this behalf sustained.

75

* III. Demurrer to so much of a bill as sought a discovery of title-deeds, for want of an affidavit being annexed to the bill that the same were not in the plaintiff's custody or power (19).

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74.] as to so much of the said bill as seeks a discovery of the marriage settlement of the late father and mother of the said complainant, and of the title-deeds and writings relating to the messuages lands and tenements in the said bill mentioned, and that the same may be delivered up to the said complainant, this defendant doth demur in law, and for cause of demurrer showeth that no person or persons by the ancient and approved rule of this honorable court shall exhibit a bill of complaint in this honorable court against any other person or persons for a discovery of deeds and writings belonging to such complainant, and upon which if in his possession he might have remedy at law and pray relief relating thereto, unless such complainant or complainants shall at the time of exhibiting such bill make affidavit that he she or they have not such deeds and writings so sought after in his her or their custody or power; Wherefore and for that he said complainant hath not made affidavit of not having the deeds and writings in his custody or power so sought after by the said bill this defendant doth demur to such part of the said bill as aforesaid, and humbly prays the judgment of this court whether he shall be compelled to make any further or other answer to such part of the said bill as is so demurred unto.

(19) Ld. Red. Tr. Pl. p. 54, 4th ed.; Hook v. Dorman, 1 Sim. & Stu. 227; and see note (2), antea, vol. i. p. 204.

IV. Demurrer to a bill of interpleader, for want of the usual affidavit that the plaintiff does not collude with any of the defendants (20).

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74.] to the whole of the said bill doth demur, and for cause of demurrer showeth that although the said complainant's said bill is on the face thereof a bill of interpleader, and prays that this defendant and the other defendants thereto may interplead together concerning the matters therein mentioned, and may be restrained by injunction from proceeding at law against the said complainant touching such matters, yet the said complainant has not annexed an affidavit to his said bill that he does not collude concerning such matters with any of the defendants thereto, which affidavit ought, according to the rules of this honorable court as this defendant is advised, to have been made and annexed to the said bill; Wherefore &c. [as in form No. I. p. 74.]

*V. Demurrer to a bill of interpleader (21), for want of the necessary affidavit, and also for want of equity.

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74.] doth demur in law to the said bill, and for cause of demurrer showeth that although the said complainant's said bill is upon the face thereof a bill of interpleader, yet the said complainant hath not annexed to his said bill an affidavit that he doth not collude concerning such matters with any of the defendants thereto, which affidavit ought,

(20) Ld. Red. Tr. Pl. 143; 1 Madd. Ch. Pr. 175.

(21) The question in this cause was whether the bill was in fact a bill of interpleader; it was contended that it was not, the word interplead' not being used in the bill; the material part of the prayer was thus: 'And that the said defendants may adjust and determine between themselves to whom' &c.; the demurrer was allowed.

according to the rules of this court, as this defendant is advised, to have been made by the said complainant, and annexed to the said bill; And for further cause of demurrer this defendant further showeth that the said bill does not contain sufficient matter of equity whereupon this court can ground any decree in favor of the said complainant, or give the said complainant any relief against this defendant; Wherefore &c. [as in form No. I. p. 74.]

*VI. Demurrer to a bill for the examination of witnesses de bene esse; the bill not alleging that an action has been commenced, or that there is any impediment to an action being brought, and an affidavit not being annexed to the bill (22).

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74.] and for cause of demurrer showeth that the said complainant in and by his said bill claims to be entitled to the estates and premises therein mentioned, and the said complainant by his said bill prays that he may be at liberty to examine his witnesses &c. yet the said complainant has not stated, nor does it appear in and by his said bill that any action at law has been commenced by him to establish his right, or that there was or is any impediment to any such action being brought by the said complainant, or that the several persons sought to be examined as witnesses or any of them are or is resident abroad, or are about to quit the kingdom, nor hath the said complainant by affidavit annexed to the said bill made oath that the several persons sought to be examined as witnesses or any of them are or is aged or infirm or any other circumstance which may render their testimony in danger of being lost; Wherefore &c. [as in form No. I. p. 74.]

(22) See note (9), antea, vol. i. p. 465; Philips v. Carew, 1 P. Wms. 116, and note (z), ib. 6th ed.