debted to this deponent in pounds (a), for, [&c. here state the cause of action for which you intend arresting defendant, and which will in most cases be found amongst the forms, post, from p. 212 to 227], and this deponent further saith [here state the facts which show that the defendant is about to quit England unless forthwith apprehended, for instance, “that the said C. D. now is a captain, actually serving in her majesty's regiment of the line, and did on the day of- -, A. D. 1839, receive orders to proceed without delay along with his regiment to parts beyond the jurisdiction of this court, namely, to Quebec, in North America," or "that the said C. D. is a native of and domiciled in Ireland, and hath no fixed residence in England, and that the said C. D. in a conversation with this deponent, on the day of last, informed this deponent that the said C. D. intended to return to Ireland in the course of the then next week," or as the case may be], and this deponent further saith, that for the reasons aforesaid, he verily believes that the said C. D. is about to quit England unless he be forthwith apprehended; and this deponent further saith, that he hath caused a writ of summons to be sued out of this honourable court, at the suit of this deponent, against the abovenamed defendant, a true copy of which is hereunto annexed. day of 1840, before me E. F." (b) [If it be sworn before one of the masters, the jurat is thus]: 1840, before me, day of A. B. M. M. one of the Masters of the Court of Q. B. [If it be sworn in court,] day of 1840. [If it be sworn before a judge,] before me. day of 1840, By the Court." J. L." [The judge's name.] [If it be sworn before a commissioner authorised to take affidavits by the statute 29 Car. 2, c. 5.] "Sworn at, in the county of the day of, 1840, before me C. C. a commissioner, &c. [Or, if the court be not mentioned at the top of the affidavit, a commissioner for taking affidavits in the court of -.'"] 6 (a) The amount of the cause of action for which you intend arresting defendant, and which you can swear to be due; it must amount to 201. See 1 Chit. Ar. Pr. 480. As to the mode of stating it in the case of a bill, see 1 Chit. Ar. Pr. 490, 491, and post, 218. (b) This is called the jurat, and you must state in it the place where, and name of the person before whom, the affidavit is sworn; and if it be made by several persons, their names must be written in the jurat, as in the form, post, 209. The day, month and year, if necessary, must also be stated. See 2 Chit. Ar. Pr. book 4, part I, ch.35. If it be sworn before a commissioner authorised to take affidavits in Scotland or Ireland by statute 3 & 4 Will. 4, c. 42, s. 42.] "Sworn at -, in the kingdom of Scotland [or "Ireland," the day of, 1840, before ine C. C. a commissioner for taking affidavits in the Court of Q. B. [C. P. and Exch. of Pleas] in England." [If it be sworn before a commissioner by a person who from his signature or otherwise appears to be illiterate.] "Sworn at of 6 in the county of the day 1840, before me C. C. a commissioner, &c. [or if the court be not mentioned at the top of the affidavit, a commissioner for taking affidavits in the court of -.] And I do hereby certify, that the above affidavit was first read over by me, [or, in my presence,'] to the above-named A. B., and that he seemed perfectly to understand the same, and wrote his signature [or, made his mark'] thereto in my presence." [See 2 Chit. Ar. Pr. book 4, part 1, ch. 35.] 6 [If it be sworn by a foreigner and interpreted to him, this is the form of the interpreter's oath, and jurat thereon.] "You swear that you have [if already interpreted] truly interpreted this affidavit to the deponent; and that you will truly interpret the oath to be taken by him, So help you God." "Sworn at [the Master's office, Temple, London, or as the case may be], the day of, by the deponent A. B., the contents of the above affidavit having been first read over and explained to him, in the language, by E. F. of who was first sworn duly to interpret the same, before me M. M." [See 1 Chit. Ar. Pr. book 4, part 1, ch. 35.] 2. Affidavit of Signature of a Scotch Magistrate. In the Q. B. [or "C. P." or "Exch. of Pleas."] E. F. of maketh oath and saith, that he knows and is well acquainted with the hand-writing of S. S. esq., one of her majesty's justices of the peace in and for the town of , in that part of the United Kingdom of Great Britain and Ireland called Scotland; and that the name of S. S. set and subscribed to the affidavit of A. B hereunto annexed, is of the proper hand-writing of the said S. S., as this deponent verily believes. Sworn, &c. [as in the preceding forms of jurats.] [See 1 Chit. Ar. Pr. 496.] 3. Quaker's Affirmation. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. A. B. of [banker,] the above-named plaintiff, being one of the people called Quakers, doth solemnly affirm that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this affirmant in the sum of [&c. state the cause of action and other facts, as in other cases, except that instead of calling the party " deponent," call him "affirmant."] 4. Affidavit when made by several Deponents. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. B. of Between A. B. plaintiff and C. D. defendant. the above-named plaintiff, and C. D. of severally make oath and say: and first, this deponent A. B. for himself saith, that, &c. [stating what is sworn to by A. B.] And this deponent C. D. for himself saith, &c. [stating what is sworn to by C. D.]. The above-named deponents A. B. and C. D. were sworn in court, [or "at my chambers," &c.] (as in the preceding forms of jurats.) [See 2 Chit. Ar. Pr. book 4, part 1, ch. 35.] 5. The like, by a Third Person. In the Q. B. [or "C. P." or " Exch. of Pleas."] C. C. of Between A. B. plaintiff and C. D. defendant. maketh oath and saith, that C. D., the abovenamed defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to A. B., the above-named plaintiff, in pounds, for [&c. state the cause of action and other facts necessary to obtain the order.] [See I Chit. Ar. Pr. 496.] 6. The like, as to Cause of Action only, by one of several Partners. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. B. of Between A. B. and E. F. plaintiffs and C. D. defendant. one of the above-named plaintiffs, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent and the above-named E. F. in pounds, for goods sold and delivered by this deponent and the said E. F. to the said C. D. at his request, [or as the cause of action may be.] 7. The like, by a surviving Partner. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. of Between A. B. plaintiff and C. D. defendant. the above-named plaintiff, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent in pounds, for [goods sold and delivered by this deponent and one E. F. in his life-time, now deceased, to the said C. D. at his request,] (or as the cause of action may be.) 8. The like, against a surviving Partner. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. A. B. of the above-named plaintiff, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent in -pounds, for [goods sold and delivered by this deponent to the said C. D. and one E. F. in his life-time, now deceased, at their request,] (or as the cause of action may be.) (It is not in general requisite to describe the defendant as a surviving partner.) 9. The like, by Wife in Action by Husband and Wife on cause of Action before Marriage. In the Q. B. [or "C. P." or "Exch, of Pleas.”] Between A. B. and E. his wife, plaintiffs, and C. D. defendant. E.B. of the wife of A.B., one of the above-named plaintiffs, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit was and still is justly and truly indebted to the said A. B. and this deponent, in —— pounds, for [goods sold and delivered by this deponent whilst she was sole and unmarried, to the said C. D. at his request,] (or as the cause of action may be.) 10. The like, against Husband and Wife on Cause of Action against Wife before Marriage. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. and E., his wife, defendants. A. B. ofthe above-named plaintiff, maketh oath and saith, that C. D. and E. his wife the above-named defendants, before and at the time of the commencement of this suit were and still are justly and truly indebted to this deponent in pounds, for [goods sold and delivered by this deponent to the said E. whilst she was sole and unmarried, at her request,] (or as the cause of action may be.) 11. The like, by one of several Assignees of a Bankrupt. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B., G. G., and G. H., assignees of the estate and effects of E. F., a bankrupt, plaintiffs, and C. D. defendant. A. B. of one of the above-named plaintiffs, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent and the above-named G. G. and G. H., as assignees of the estate and effects of the said E. F. a bankrupt, in pounds, for [goods sold and delivered by the said E. F. before he became a bankrupt, to the said C. D. at his request,] (or as the cause of action may be,) as appears by the books of the said E. F., and as this deponent verily believes. [See 1 Chit. Ar. Pr. 487.] 12. The like, by an Assignee of an Insolvent Debtor. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B., assignee of the estate and effects of E. F., (heretofore an insolvent debtor) according to the statutes in force for the relief of insolvent debtors in England, plaintiff, and C. D. defendant. A. B. of the above-named plaintiff, assignee of the estate and effects of the said E. F., heretofore an insolvent debtor, and duly discharged from imprisonment according to the statutes in force concerning insolvent debtors, maketh oath and saith, that C. D., the abovenamed defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent, as assignee as aforesaid, in pounds, for [goods sold and delivered by the said E. F. to the said C. D. at his request,] (or as the cause of action may be,) before the said E. F. subscribed his petition for his discharge from imprisonment, and before the assignment of his estate and effects to this deponent, according to the provisions of the statutes in such case made and provided, as appears by the books of the said E. F., and as this deponent verily believes. [See 1 Chit. Ar. Pr. 487.] 13. The like, by an Executor. In the Q. B. [or “C. P.” or “Exch. of Pleas."] Beween A. B., executor of the last will and testament of E. F., deceased, plaintiff, and C. D. defendant. A. B. of ——, the above-named plaintiff, executor of the last will and testament of the said E. F., deceased, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent, as executor as aforesaid, in pounds, for [goods sold and delivered by the said E. F., in his life-time, to the said C. D., at his request,] (or as the cause of action may be,) as appears by the books of the said E. F., and as this deponent verily believes, [or the deponent may swear positively without reference to the deceased's books.] [See 1 Chit. Ar. Pr. 487.] 14. The like, by an Administrator. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B., administrator of all and singular the goods, chattels and credits, which were of E. F., deceased, at the time of his death, who died intestate, plaintiff, and C. D. defendant. A. B. of the above-named plaintiff, and administrator of all and singular the goods, chattels and credits, which were of the said E. F. deceased, at the time of his death, who died intestate, maketh oath and saith, that C. D., the above-named defendant, before and at the time of the commencement of this suit, was and still is justly and truly indebted to this deponent, as administrator as aforesaid, in pounds, for [goods sold and delivered by the said E. F., in his life-time, to the said C. D., at his request,] (or as the cause of action may be,) as appears by the books |