Page images
PDF
EPUB

B.

V. D.

3. Order thereon.

Upon hearing the attornies or agents on both sides, I order that the defendant shall have days further time to put in bail [or Su "to put in and justify bail," or "to add and justify two bail"] in this cause; the said defendant consenting that the plaintiff shall be in the same situation by the course of the court as if bail had been put in and had justified in due time, [or "without prejudice to any proceedings on the part of the plaintiff in the mean time."] Dated this

A.D. 1840.

day of

[Judge's or Baron's signature.]

4. Recognizance of Bail, in Q. B. or Exch. (a)

Ye (addressing the bail by their names) do jointly and severally undertake, that if C. D. shall be condemned in this action, at the suit of A. B., he shall satisfy the costs and condemnation, or render himself to the custody of the marshal of the Marshalsea of the Court of Queen's Bench [or in the Exch. "render himself a prisoner to the Fleet Prison for the same"] or ye will do it for him. Are ye content?

5. The like, in C. P.

You (addressing the bail by their names) do jointly and severally acknowledge to owe unto A. B. the sum of £a-piece, (b) to be levied upon your several goods and chattels, lands and tenements, upon condition that if C. D. be condemned in the said action, he shall pay the condemnation, or render himself a prisoner to the Fleet Prison for the same: and if he fail so to do, you (again addressing the bail by their names) do undertake to do it for him.

In the Q. B.

6. Bail-piece in Q. B.
On the

day of —, A.D. 1840. (the county in the writ) to wit. C. D. (c) is delivered to bail upon a cepi corpus [or "C. D. having been arrested is delivered to bail"]

to

B. B. of.

[blocks in formation]

7. Note in Writing of the Bail for the Master in C. P.

In the C. P.

C.D.)

ats.

On the

day of

A.D. 1840.

-, (the county in the writ.) Writ of capias for £Assumpsit [or "debt," &c.] Bail for £, by order of A. B. (name of judge who made the order to hold to bail). Bail, B. B. of

T. B. of

and

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

In the C. P.

9. Bail-piece, in C. P. if Master cannot attend.

On the

(the county in the writ,) to wit. late of- at the suit of A. B., for £&c.] Dated the day of

day of --, A.D. 1840.

Writ of capias against C. D., on promises, [or "in debt,"

T. B. of

and

Bail for £- by order of The bail are B. B. of (name of the judge who made the order to hold to bail.) C. D. defendant's attorney. bail. Taken and acknowledged conditionally at my chambers in Rolls' Garden, this day of A.D. 1840,

each of whom is bound in £--, (the

amount for which the defendant is held to

before me,

(Judge's signature.)

(a) As to the names, &c. see 1 Chit. Ar. Pr. 578.

(b) See Vansandau v. Nash, 10

Bing. 329; 2 Dowl. 76; 3 M. &
Scott, 834, S.C.

In the Exch. of Pleas.

10. Bail-piece, in Exchequer,

On the

day of, A.D. 1840.

(the county in the writ) to wit, C. D. [or "having been arrested"] is delivered to bail upon a cepi corpus to B. B. of

of

Bail for £- by order of

(name of the judge who

made the order to hold to buil).

D. A. of

attorney for defendant.

and T. B.

[blocks in formation]

Taken and acknowledged conditionally at my chambers in Rolls' Garden, day of

this

before me,

A.D. 1840,

(Baron's signature.)

11. Notice of Bail having been put in.

In the Q. B. [or " C. P." or " Exch. of Pleas."]

Street,

[ocr errors]
[ocr errors]

Between A. B. plaintiff and C. D. defendant. Take notice that special bail was this day put in (a) in this cause for the defendant, before the Honourable Mr. Justice [or "Baron"] his chambers in Rolls' Garden, London, and the names, additions and particulars of and relating to such bail are as follows. The said bail are John Styles, of No. - —— in the county of and who is a house keeper there, and John Nokes, of No. Place, in the said county, and who is a house keeper there, and who is also a freeholder of a messuage and land in the parish of in the county of ——, and which is now in the possession of T. T. as his tenant; let these statements agree precisely with the facts, and see fully as to the description, 1 Chit. Ar. Pr. 580, 581,] and the said John Styles hath resided continually for upwards of the last six months at No. Street aforesaid; and the said John Nokes, in the months of -, in the county of

last, did reside at No.

[blocks in formation]

in that month he removed from thence to No. in the county of --, where he resided continually from, on or about the of the said month of -, until on or about the last, and on or about that day he removed from thence to No. Street aforesaid, and from that time the said John Nokes hath there resided continually till this day. [See fully as to these statements, 1 Chit. Ar. Pr. 580, 581. If you accompany the notice of bail with an affidacit of their sufficiency according to the rules of court mentioned, and as pointed out in 1 Chit. Ar. Pr. 583, add the following: "And further take notice, that the said, &c. (names of the bail,) have duly made and sworn to the affidavits which accompany this notice for your perusal, and copies

(a) It was formerly requisite in the Exchequer to state the filing of the bail-piece in the Office of Pleas with

the sworn clerks, but such statement is no longer requisite. See 1 Chit. Ar Pr. 582.

of which affidavits are herewith left."] Dated this

[blocks in formation]

day of

Yours, &c.
D. A. of
Defendant's attorney,
[or "agent."]

[See 1 Chit. Ar. Pr. 580, 590.]

12. Notice that Bail will be put in, and justified at the same time in Court. In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. Take notice, that special bail will be put in in this cause for the defendant, on the day of instant, [or, "next,"] (a) in open court at Westminster Hall, and the names and additions of the persons so to become such bail are [&c., here state the full names and additions of the bail, and whether they are housekepers or freeholders, and their residences for the last six months, &c. as in the form, ante, 249, No. 11, to the end, and then say,] and further take notice, that the said John Styles and John Nokes will at the same time justify (b) themselves as good and sufficient bail for the said defendant.

[blocks in formation]

13. The like, before a Judge at Chambers in Vacation.

In the Q. B. [or "C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant.

Take notice, that B. B. of day of

on the

[ocr errors]

tailor, and J. B. of

-, grocer, will, next, [or "instant,"] be put in as special bail for the defendant in this cause, and will on the same day, at the hour of of the clock in the forenoon, justify themselves before the Honourable Mr. Justice [or "Baron"] or such other judge as shall be then sitting, at his Chambers in Rolls' Garden, London, as good and sufficient bail for the defendant in this cause. And take further notice, that [&c. here state whether the bail are freeholders or housekeepers, and their residences for the last six months, &c., as in the form, ante, 249, No. 11, to the end.] Dated A.D. 1840.

[ocr errors]

To Mr. P. A.
Plaintiff's attorney [or "agent."]

Your's, &c.
D. A. of
Attorney for the defendant.

[See 1 Chit. Ar. Pr. 580, 590.]

(a) This notice of putting in the bail must be at least four days, exclusive of Sunday, after service of notice, and which must be served before eleven in the morning. See 1 Chit.

Ar. Pr. 591.

(b) A two days' notice of justifica

tion seems now in all cases sufficient, R. H. 2 Will. 4, reg. 16; but such notice must be served before eleven o'clock of the forenoon of the two days before the time of justifying. See 1 Chit. Ar. Pr. 592.

14. Notice pending a Rule nisi for setting aside Plaintiff's Proceedings, that Bail will be put in and perfected without Prejudice to the pending Rule (a).

In the Q. B. [or❝ C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. Take notice, that provided the learned judge then sitting will give leave for putting in and justifying bail for the defendant in this cause, without prejudice to the rule nisi obtained by the defendant, such bail will be put in in this cause for the defendant, on the day of instant, [or "next,"] &c. [same as the form, ante, 249, No. 11, repeating at the end, "without prejudice to the said rule nisi."]

15. Affidavit of Sufficiency of Bail to accompany the Notice of Bail (b).. In the Q. B. [or "C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. B. B. of -(c), one of the bail for the above-named defendant, maketh oath and saith, that he is a housekeeper, [or" freeholder," as the case may be,] residing at —, (describing particularly the street or place, and number, if any,) that he is worth (d) property to the amount of £(the amount required by the practice of the court,) over and above what will pay (e) his just debts; [if bail in any other action, add, "and every other sum for which he is now bail;"] that he is not bail for any defendant, except in this action, [or if bail in any other action or actions, add, "except for C. D. at the suit of E. F. in the Court of in the sum of £- for G. H., at the suit of I. K., in the Court of in the sum of ·;" specifying the several actions with the courts in which they are brought and the sums in which the deponent is bail]; that this deponent's property, to the amount of the said sum of £, [and if bail in any other action or actions, " of all other sums for which he is now bail as aforesaid,"] consists of (here specify the nature and value of the property in respect of which the bail proposes to justify, as follows :)" stock in trade, in his business of -, carried on by him at of the value of £;"" of good book debts owing to him to the amount of £;” "of furniture in his house at, of the value of £- -;"" of a freehold [or leasehold '] farm of the value of £, situate at pied by -;" or "of a dwelling-house of the value of £

6

66

[ocr errors]

(a) See a form, Chit. Sum. Prac. 324; and see the practice, 1 Chit. Ar. Pr. 576.

(b) This form is prescribed by the Rule of T. T. 1 Will. 4.

(e) From the form given by the Rule of T. T. 1 Will. 4, it would seem that the statement of the addition of the deponent is not necessary in this place. But according to the case of Benbow's bail, 5 Dowl. 714; Treasure's bail, 2 Dowl. 670; Stone's bail, 1 Gale, 15, it is necessary that the deponent's addition should appear on the affidavit.

(d) The form prescribed by the

оссиsituate

Rule of T. T. 1 Will. 4, states that the

bail is " possessed" of the property;

but the Rule of H. T. 2 Will. 4, reg. 19, requires the affidavit to state the bail is "worth" the amount. And see 1 Chit. Ar. Pr. 583.

(e) These words "what will pay" are not in the form prescribed by the Rule of T. T. 1 Will. 4, but see R. H. 2 Will. 4, reg. 19; 1 Chit. Ar. Pr. 584, n. (m); Stevens v. Miller, 2 M. & W. 368, from which it will appear that they are necessary. At all events they are unobjectionable. Lanyon's bail, 3 Dowl. 85.

« PreviousContinue »