66 at country bail, here say "by affidavit"] before the Honourable Mr. Justice [or Baron"] or such other judge as shall be then sitting in chambers in Rolls' Garden, London, [or if any other place be appointed, in the county of -"] as good and sufficient bail for the said defendant in this cause. [In Common Pleas here repeat the addition, description, and particulars of the bail, and their residences during the last six months, as directed in the form, ante, 256, No. 29. Dated this day of ——, A. D. 1840. To Mr. P. A. Plaintiff's attorney [or "agent."] D. A. Defendant's attorney [or "agent."] 31. Affidavit of the Service of Notice of Justification. In the Q. B. [or " "C. P." or "Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. C. C. clerk to D. A. of ——, gentleman, attorney to the above-named defendant, maketh oath and saith, that this deponent did, on the day of instant, before eleven o'clock in the forenoon (a),* serve Mr. P. A. the attorney for the above-named plaintiff, with a true copy of the notice hereunto annexed (annex it), by delivering the same to and leaving it with a clerk of the said Mr. P. A., at his chambers in [Or, if the service were on the attorney personally, then from the asterisk proceed thus: "personally serve Mr. P. A., the attorney for the above-named plaintiff, with a true copy of the notice hereunto annexed."] (The affidavit must state the mode of service.) Sworn [&c. ante, 207.]] [See 1 Chit. Ar. Pr. 595.] C. C. 32. The like, also with Affidavit of having with the Notice of Bail delivered an Affidavit of Sufficiency, pursuant to Rule Trin. T. 1 Will. 4, so as to obtain Costs of Justification (b). day of [Proceed as in the last to the end, and then thus:]-and this deponent further saith, that on the last [or "instant"] before the hour of eleven o'clock in the forenoon of that day, he did in like manner personally serve the said Mr. P. A., the said plaintiff's attorney, with a true copy of the notice of the said bail in this cause hereunto annexed and marked B.; and the same last-mentioned notice was then and there accompanied by affidavits of each of the said bail by them duly sworn, and true copies of which said affidavits are hereunto annexed marked C. and D.; and this deponent then showed the said original affidavits to the said Mr. P. A., and read the same to him, and personally served him with a true copy thereof; and thereupon the said plaintiff by his said attorney excepted to such bail, and gave notice of such exception, and (a) The rule requiring a service, and affidavit of a service, before eleven o'clock in the forenoon, only applies to town bail, and to original bail, and not to bail justifying under rule or order for time; and if the service was three days exclusive of Sunday before the day of justifying, then it suffices if the affidavit states a service generally on the third or prior day. See 1 Chit. Ar. Pr. 592. (b) See a form, Chit. Sum. Prac. hath thereby required and compelled such bail to attend this honourable court to justify, notwithstanding the said affidavits were so made and so accompanied the said notice of bail as aforesaid. Sworn &c. ante, 207.] C. C. [See 1 Chit. Ar. Pr. 595.] 33. Affidavit to oppose Bail. In the Q. B. [or “C. P.” or “Exch. of Pleas."] C. C. of Between A. B. plaintiff and C. D. defendant. clerk of Mr. P. A. of -, attorney for the plaintiff in this cause, maketh oath and saith, that Mr. D. A., the defendant's attorney, having served the said P. A. with notice of justifying bail in this action, he, this deponent, by the order and direction of the said P. A., inquired into the sufficiency of the said bail, and saith, that [&c. here state the particular objections intended to be relied on against the bail, according to the facts: mere matters of report and general opinion should be avoided, (see 1 Chit. Ar. Pr. 597); when facts are stated upon the representation or information of other persons add, " and which this deponent verily believes to be true."] And this deponent further saith, that B. B., one of the said bail, hath been a bankrupt, and hath not yet obtained his certificate, as this deponent hath been informed and verily believes," (or otherwise, according to the facts.) Sworn, [&c. ante, 207.] [See 1 Chit. Ar. Pr. 597.] 34. Affidavit to obtain further Time to justify (or add and justify), stating Absence of Bail, and Inability to account for it at present (a). In the Q. B. [or "C. P." or " Exch. of Pleas.”] Between A. B. plaintiff and C. D. defendant. C. C. of - clerk to Mr. D. A. of gentleman, attorney for the above-named defendant, maketh oath and saith, that B. B., one of the bail in this action for the said defendant, and whose name is mentioned in the notice of justification hereunto annexed, was put in as such bail with the privity and consent of the said B. B. [or if not already put in, say, "promised to become bail in this action for the said defendant, and that the said B. B.'s name was put into the said notice of justification with his privity and consent,"] and promised to attend this morning and justify as such bail, and this deponent verily believes that the said B. B. was and is able to justify as good and sufficient bail in this action; and this deponent further saith, that he fully expected that the said B. B. would have attended this morning to justify accordingly, but that the said B. B. hath not yet appeared for that purpose, as this deponent verily believes; and this deponent is not aware of the cause or reason of the absence of the said B. B. from this honourable court, and is at present unable to state or account for the same: but this deponent fully expects and believes he shall be able on oath to state the cause in the afternoon of this day. [When at the time the application for further time to justify, or add and justify bail, an affidavit of a defence on the merits can be made, or an (a) See a form, Chit. Sum. Prac. 336; also another form, (id. 335,) of an affidavit of the ignorance of the party who served the notice of bail, or notice of justification, of a rule of court, and his consequent non-observance of its directions. See the practice, 1 Chit. Ar. Pr. 603, 604. 2 affidavit stating the names, additions, descriptions, residences, and expected sufficiency of other bail proposed to be added can be made, then let the same be made and produced accordingly, as thus:]-" And this deponent (usually the defendant or his attorney) further saith, that he is advised, and verily believes, that he has a good and sufficient defence to this action on the merits. And this deponent further saith, that [state the names and sufficiency, &c. of proposed added bail, as ante, 249, No. 11.] Sworn, [&c. ante, 207.] 35. The like, of Illness of the Bail (a). C. C. [Proceed as in the last to the asterisk, and then thus:]—And this deponent further saith, that he this morning called at the house of the said B. B. in order to accompany him to this honourable court to justify as bail for the said defendant, according to his said promise, when this deponent found the said B. B. very dangerously ill and in bed, with which illness he had been suddenly attacked yesterday morning, as he this deponent was informed and verily believes (state the nature of the illness, and whether dangerous or not, and how recent, according to the facts); and this deponent verily believes that the said B. B. is quite unable to come to or attend this honourable court this morning for the purpose of justifying as bail for the said defendant in this action, in consequence of the said illness, and that he will continue so unable for days or more; and this deponent further saith, that he was [" and as this deponent verily believes the said defendant also was"] wholly ignorant of the said illness of the said B. B., or of his inability to attend to justify as bail until this morning [&c. conclude, if you can, as in the last.] B. V. Sworn [&c. ante, 207.] [See 1 Chit. Ar. Pr. 603.] 36. Rule for the Allowance of Bail, in Q. B. On the day of C. C. - A. D. 1840. Upon reading the affidavit of C. C., it is ordered, that the bail put in in this cause for the defendant, who have this day justified D. themselves in court, be allowed, and the bail-piece filed. the motion of Mr. Upon By the Court. [See 1 Chit. Ar. Pr. 604.] 37. The like, as to one Bail, and for Time to justify the other, in Q. B. On the day of , A. D. 1840. B. V. Upon reading the affidavit of C. C., it is ordered that B. B., one of the defendant's bail, who has this day justified himself in D. court, be allowed; and that the said defendant have time until to justify T. B. his other bail in this cause; the said defendant (a) See note (a), page 258. See a form, Chitty's Summary Practice, 337; and other forms of an affidavit of an accident to one of the bail in coming up to justify, id. 337; of an affidavit stating the bail to have been deterred from attending by plaintiff's threats, &c. id. 338; of an affidavit of bail having consented but since refused, id.; of an affidavit that bail had examined into his property and found himself unable to justify, id.; of an affidavit that since putting in bail, one has ceased to be a housekeeper, id. hereby consenting that the plaintiff shall be in the same situation, by the course of this court, as if they had both justified this day. Upon the motion of Mr. By the Court. In the Common Pleas. 38. The like, in C. P. B. On the day of V. -, A. D. 1840. Upon reading the affidavit of C. C., and the notice thereto annexed, and on hearing counsel for the defendant, and on the exD. amination of B. B. and T. B. on their oaths this day, in open S court, it is ordered that the said B. B. and T. B. do stand and be allowed as good and sufficient bail for the said defendant in this action. On the motion of Mr. for the defendant. By the Court. 39. The like, in Exchequer. In the Office of Pleas of the Exchequer. On of the day A. B. plaintiff and C. D. defendant. Upon the motion of Mr. of counsel for A. D. 1840. the defendant, and upon reading the bail-piece, the affidavit of C. C. (the deponent to affidavit of service of notice of justification of town bail; or if country bail, the deponent to the affidavit of the bail on justification,) and the affidavit of (the name of the person who swore to the caption of the recognizance of bail by the commissioners,) and the paper writing thereto annexed, it is ordered, that the said B. B. and T. B. (names of the bail) be admitted bail in this cause for the defendant, each of them having justified in £- -, (double the sum sworn to.) [If the defendant be in custody add, "and that the defendant be in consequence discharged out of the custody of the warden of the Fleet Prison, as to this action," or "that a writ of supersedeas do issue to discharge the defendant out of the custody of the sheriff of the county of as to this action."] By the Court. Rule, fo. [No. ··](Amount per folio.) ROSE. 40. Notice of subsequent Justification of other Bail, or of added Bail. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice, that in pursuance of the rule of this honourable court, a copy of which is hereunto annexed, B. B., of whom you have already had notice, [or when the rule has given time to add and justify another bail, "J. J. of, &c. -"] will, on next, add himself to the bail already put in in this cause for the defendant, and at the same time will [if the bail be one of those originally put in, omit the words from the word "add"] justify himself in open court at Westminster Hall, in the county of Middlesex, [or if before a judge at chambers, see ante, 256, No. 30,] as good and sufficient bail in this action for the said defendant; and the addition, description, particulars, and residence of the said B. B. [or “ J. J."] have been and are as follows, [here state them as ante, 249, No. 11.] Dated this day of, 1840. To Mr. P. A., Plaintiff's attorney, [or "agent."] Yours, &c. D. A. Defendant's attorney, [or "agent."] [See 1 Chit. Ar. Pr. 592.] 41. Affidavit of the Service thereof. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. C. C. of clerk to D. A. of -, attorney for the above-named defendant, maketh oath and saith, that he did, on the day of instant, before three o'clock in the afternoon, personally serve Mr. P. A., the attorney for the above-named plaintiff, with true copies of the rule and notice respectively hereunto annexed [or, if the service were on a clerk, after the word "afternoon," say, "serve on P. A., the attorney for the said plaintiff, with true copies of the rule and notice respectively hereunto annexed,"] by delivering the same to a clerk of the said Mr. P. A., at his office in B. V. 42. Rule for Allowance of such Bail in Q. B. or C. P. On the Upon reading the rule made in this davit of C. C., it is ordered that B. B., D. who has this day justified himself in day of cause on one of the defendant's bail, court, be allowed, together with J. B., who justified himself on — last. Upon the motion of Mr. By the Court. [Write a copy of the writ upon parchment, and then at the foot of it write] The bail are, B. B., T. B., each of whom is bound in £ (the sum for which the defendant was ordered to be held to bail.) D. A., attorney for the defendant. Taken and acknowledged conditionally at, the day of C. C., a commissioner [&c. See ante, 207.] |