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No. 9.

Schedule A. Act of Parl. 15 & 16 Vic. c. 76, in force.

Distance he may be at from England] Days after the Service of this
Writ on you, inclusive of the Day of such Service, you do cause an
Appearance to be entered for you in Our Court of

in an

Action at the Suit of A. B.; and take notice, that in default of your so doing the said A. B. may, by leave of the Court or a Judge, proceed therein to Judgment and Execution. Witness, &c.

MEMORANDUM TO BE SUBSCRIBED ON THE WRIT.

N.B. This writ is to be served within (Six) Calendar Months from the Date thereof, or, if renewed, from the Date of such renewal, including the Day of such Date, and not afterwards.

INDORSEMENT TO BE MADE ON THE WRIT BEFORE THE SERVICE

THEREOF.

This Writ is for Service out of the Jurisdiction of the Court, and was issued by E. F. of Attorney for the said Plaintiff, or this Writ was issued in Person by A. B. who resides at [mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such].

The Indorsement required by the 8th Section should be made on this Writ, but should allow the Defendant the Time limited for Appearance to pay the Debt and Costs.

No. 3.

WRIT WHERE THE DEFENDANT, NOT BEING A BRITISH SUB-
JECT, RESIDES OUT OF THE JURISDICTION.

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We command you, That within [here insert a sufficient Number of Days within which the Defendant might appear, with reference to the Distance he may be at from England] Days after Notice of this Writ is served on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of

in an Action at the Suit of A. B.; and take notice, that in default of your so doing the said A. B. may, by leave of the Court or a Judge, proceed therein to Judgment and Execution. Witness, &c.

MEMORANDUM TO BE SUBSCRIBED ON THE WRIT.

N.B.-Notice of this Writ is to be served within (Six) Calendar Months from the Date thereof, including the Day of such Date, and not afterwards.

[Indorsement as in other Cases.]

NOTICE OF THE FOREGOING WRIT.

To G. H. late of [Brighton in the County of Sussex], or now residing at [Paris in France].

Take notice, That A. B. of

in the County of

day of

England, has commenced an action at law against you C. D. in
Her Majesty's Court of Queen's Bench, by a Writ of that Court,
dated the
A.D. 18 ; and you are
required, within
days after the receipt of this Notice,
inclusive of the day of such receipt, to defend the said action by
causing an appearance to be entered for you in the said Court to
the said action; and in default of your so doing the said A. B.
may, by leave of the Court or a Judge, proceed thereon to judgment
and execution.

[Here state amount of claim as required by 8th Section, but allowing the defendant the time limited for appearance to pay debt and costs.]

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No. 9. Schedule A. Act of Parl. 15 & 16 Vic.

c. 76, in force.

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[After the Indorsement required by the 8th Section of this Act, this special Indorsement may be inserted.]

The following are the particulars of plaintiff's claim:

1849.-June 20. Half-year's rent to this day

of house and premises in

Street, Westminster

Sept. 12. Ten sacks of flour at 408.

Dec. 1. Money received by defendant

£ 8. d.

25 10 0

20 0 0

Paid

Balance due
Or,

17 0 0

62 10 0

15 0 0

£47 10 0

To butcher's meat supplied between the 1st of January 1849 and the 1st of January 1850

Paid

Balance

£52

20

£32

[If any account has been delivered, it may be referred to, with its date, or the plaintiff may give such a description of his claim as in a Particular of Demand, so as to prevent the necessity of an application for further particulars.]

Or,

£50 principal and interest due on a bond dated the

conditioned for the payment of £100.

Or,

day of

£90 principal and interest due on a covenant contained in a deed dated the to pay £100 and interest.

day of

Or,

A penalty of £100 under the Statute 55 Geo. 3, ch. 137.

M

No. 9.

Schedule A.

Act of Parl.

15 & 16 Vic.

c. 76,

in force.

Or,

£85 on a Bill of Exchange for £100, dated the 2nd February 1849, accepted or drawn, or indorsed by the defendant.

Or,

£50 on a guarantee dated the 1st of January 1850, whereby the defendant guaranteed the due payment by E. F. of goods supplied or to be supplied to him.

[To any of the above may be added, in cases where interest is payable, "the plaintiff also claims interest on £

the above sum from the date of the Writ until judgment.”]

of

N.B.-Take notice, that if a defendant served with this Writ within the jurisdiction of the Court do not appear according to the exigency thereof, the plaintiff will be at liberty to sign final judgment for any sum not exceeding the sum above claimed [with interest at the rate specified], and the sum of £

for costs, and issue execution at the expiration of eight days from the last day for appearance.

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Wit.

his

Attorney] sued out a writ of summons against C. D., indorsed according to the "Common Law Procedure Act, 1852," as follows:

[Here copy Special Indorsement.]

And the said C. D. has not appeared: Therefore it is considered that the said A. B. recover against the said C. D. £

together with £

for costs of suit.

No. 6.

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[Here state the question or questions of fact to be tried.]

And it has been ordered by the Hon. Mr. Justice

in the

affirms,

according to "The Common Law Procedure Act, 1852," that the said question shall be tried by a jury: therefore let the same be tried accordingly.

No. 7.

FORM OF RULE OR SUMMONS WHERE A JUDGMENT CREDITOR
APPLIES FOR EXECUTION AGAINST A JUDGMENT DEBTOR.

[Formal parts as at present.]

C. D. show cause why A. B. [or as the case may be] should not be at liberty to enter a suggestion upon the roll in an action wherein the said A. B. was plaintiff and the said C. D. was defendant, and wherein the said A. B. obtained judgment for £

against the said C. D. on the

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day of

that it manifestly appears to the Court that the said A. B. is entitled to have execution of the said judgment, and to issue execution thereupon, and why the said C. D. should not pay to the said A. B. the costs of this application, to be taxed.

[Note. The above form may be modified so as to meet the case of an application by or against the representative of a party to the judg ment.]

No. 9. Schedule A.

Act of Parl. 15 & 16 Vic.

c. 76,

in force.

No. 8.

FORM OF SUGGESTION THAT THE JUDGMENT CREDITOR IS EN-
TITLED TO EXECUTION AGAINST THE JUDGMENT DEBTOR.

day of

And now on the it is suggested and manifestly appears to the Court, that the said A. B. [or C. D., as executor of the last will and testament of the said A. B. deceased, or as the case may be,] is entitled to have execution of the judgment aforesaid against the said E. F. [or against G. H., as executor of the last will and testament of the said E. F., or as the case may be]: Therefore it is considered by the Court that the said A. B. [or, C. D., as such executor as aforesaid, or as the case may be,] ought to have execution of the said judgment against the said E. F. [or against G. H., as such executor as aforesaid, or as the case may be.]

No. 9.

FORM OF WRIT OF REVIVOR.

VICTORIA, by the Grace of God, &c., to E. F. of greeting.

We command you that, within eight days after the service of this writ upon you, inclusive of the day of such service, you appear in our Court of to show cause why A. B. [or C. D., as executor of the last will and testament of the said A. B. deceased, or as the case may be,] should not have execution against you [if against a representative here insert, as executor of the last will and testament of deceased, [or as the case may be] of a judgment whereby the said A. B. [or as the case may be] on the in the said Court re

day of

covered against you [or as the case may be] £

;

and take notice, that in default of your so doing the said A. B. [or as the case may be] may proceed to execution.

Witness, &c.

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The plaintiff [or defendant] says that there is error in law in the record and proceedings in this action; and the defendant [or plaintiff] says that there is no error therein.

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[The day of making the entry on the roll.]

The plaintiff [or defendant] says that there is error in the above record and proceedings, and the defendant [or plaintiff] says there is no error therein.

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The plaintiff [or defendant] says that there is error in fact in the record and proceedings in this action, in the particulars specified in the affidavit hereunto annexed.

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VICTORIA, &c., to X., Y., Z., and all persons entitled to defend

the possession of

[describe the property with reain the county to the possession whereof A., B., and C.,

sonable certainty] in the parish of

of

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