8. Notice of Trial by Continuance. (a) In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A.B. plaintiff and C.D. defendant. Take notice, that I do hereby continue the notice of trial given you in this cause, to the next sittings within [or "sittings after"] this present term. Dated this · To Mr. D. A. day of defendant's attorney [or "agent."] 1839. Your's, &c. P. A. plaintiff's attorney for "agent."] [See 1 Chit. Ar. Pr. 209.] 9. Notice of Countermand. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice, that I do hereby countermand the notice of trial given you in this cause. Dated this day of A.D. 1839. To Mr. D.A. defendant's attorney [or "agent."] Your's, &c. P.A. plaintiff's attorney [or "agent."] [See 1 Chit. Ar. Pr. 210.] 10. Term's Notice of Trial. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C.D. defendant. Take notice, that the plaintiff intends to proceed in this cause, after the end of the ensuing term, by giving notice of trial herein. Dated this - day of - 1839. To Mr. D. A. defendant's attorney [or "agent."] Your's, &c. P.A. plaintiff's attorney [or "agent."] [See 1 Chit. Ar. Pr. 210.] SECTION VI. 1. Notice requiring opposite Party to admit Documentary Evidence. (b) in evidence the several documents hereunder specified, and that the same may be inspected by the Defendant his attorney or agent, at be required to admit that such of the said documents as are specified to (a) Notice of trial cannot be continued more than once in a term; Wyatt v. Stocken, 6 Ad. & El. 803. (b) This form is the one prescribed by the rule of H. T. 4 Will. 4. See 1 Chit. Ar. Pr. 215. be originals, were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. [Here describe the documents, the manner of doing which may be as follows:] ORIGINALS. Description of the Documents. Deed of Covenant between A.B. and C.D. 1st part, and E.F. 2d part Indenture of Lease from A.B to C.D. Indenture of Release between A.B., C.D. 1st part, &c. Letter-Defendant to Plaintiff Date. 1st January, 1828. 1st February, 1828. 2d February, 1828. 1st March, 1828. on} 3d December, 1827. Policy of Insurance on Goods by Ship Isabella, on voyage from Oporto to London Memorandum of Agreement between C.D. Cap-1st January, 1828. tain of the said Ship, and E.F. Bill of Exchange for £100, at three months, drawn by A.B. on and accepted by C.D., indorsed by 1st May, 1829. É. F. and G.H. Register of Baptism of A.B. in 1st Jan. 1808. the parish of X. Letter, Plaintiff to defendant Notice to produce Papers Original or Duplicate, served, sent, or deliverJed, when, how, and by whom. Sent by General 2. Admission thereunder. In the Q. B. [or" C. P." or " Exch. of Pleas."] of Between A.B. plaintiff and C.D. defendant. I do hereby, as the attorney of the above-named [plaintiff] agree to admit, and do admit in evidence on the trial of this cause, the paperwriting hereunto annexed marked A. [and signed by me] as and to be a true and sufficient copy of [the certificate of the registry of the ship or vessel called the as therein described, and made on the day of -; and I do hereby also, as such attorney, further agree to admit, and do admit, in evidence on such trial, the paper writing hereto annexed, and marked B. [and signed by me] as and to be a true and sufficient copy of [the affidavit of the said of the building and ownership of the said ship or vessel, and other the matters in such affidavit contained, and the same was sworn as therein stated.] Dated this day of defendant's attorney [or “ agent."] Your's, &c. P. A. plaintiff's attorney [or "agent."] 3. Summons requiring Admission of Attestation of a Deed or Signature of B.) a Bill, &c. Let the [defendant's] attorney or agent attend me at my chambers, in Rolls' Garden, to-morrow [or "on the -"] at D. of the clock in the noon, to show cause why the [defendant] shall not make the admissions required by the notice in that behalf already given to his attorney or agent, or why, in case of refusal, he shall not be subject to the costs of the proof. Dated this 1839. [See 1 Chit. Ar. Pr. 213.] day of (Judge's signature.) 4. Notice to produce Papers, &c. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A.B. plaintiff and C.D. defendant. Take notice, that you are hereby required to produce to the court and jury, on the trial of this cause, a certain indenture, dated, &c., and made between [describing the deed, bill, agreement, or other instrument, letters, papers, books, &c. that you desire the opposite party to produce in evidence at the trial,] and all other documents, letters, books, papers, and writings whatsoever, in anywise relating to the matters in question in this cause. Dated this day of Your's, &c. D.A. defendant's [or "plaintiff's"] attorney [or "agent."] 1839. To the above-named plaintiff [or" defendant,"] and to Mr. P.A. his attorney [or "agent."] [See 1 Chit. Ar. Pr. 230.] 5. Notice to dispute Bankruptcy, &c. See form, post, Book 3, Part 2, Chap. 9. 6. Præcipe for Subpana ad Testificandum. to wit. Subpoena for W. W., T. W., S. W., and F. W., to testify between A. B. plaintiff and C.D. defendant, on the part of the plaintiff [or" defendant."] P.4. plaintiff's (or “defendant's"] attorney [or " agent.”] —, 1839. [See 1 Chit. Ar. Pr. 232.] 7. Subpana ad Testificandum. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to W.W. [names of all witresses included in the subpana] greeting: We command you, that laying aside all and singular business and excuses you and every of you be and appear in your proper persons before our right trusty and well-beloved (name of chief justice) our chief justice assigned to hold pleas in our court before us, [or in C.P. " before Sir" (name of chief justice) "knight, our chief justice of the Bench;" or in the Exch. "before," (name of chief baron,)" lord chief baron of our court of Exchequer at Westminster," at the Guildhall of the city of London, [or in Middlesex, “at Westminster Hall, in the county of Middlesex," adding, in the Exch., "in the place where our said court of Exchequer is usually holden; or, at the assizes," before our justices assigned to take the assizes in and for the county of at in the said county,"] on the day of -- instant [or "next"], by of the clock in the forenoon of the same day, to testify all and singular those things which you, or either of you, know in a certain cause now depending in our court before us, [or in C.P." before our justices," or in the Exch., " before the barons of our said court of Exchequer,"] at Westminster, between A.B. plaintiff and C. D. defendant, in an action on promises, [or" of debt," &c. as the action is,] on the part of the plaintiff [or "defendant"] and on that day to be tried by a jury of the country; and this shall by you, or any of you, no means omit, under the penalty upon each of you, of £100. Witness, (name of chief justice or chief baron), at Westminster, the in the year of our reign. of [See 1 Chit. Ar. Pr. 232.] 8. Præcipe for Subpana duces tecum. day to wit. Subpœna for W. W. to testify and produce, &c. between A. B. plaintiff and C. D. defendant, on the part of the plaintiff [or "defendant."] P. A. plaintiff's [or "D. A. defendant's"] attorney [or "agent,"] [See 1 Chit. Ar. Pr. 233.] 9. Subpœna duces tecum. 1839. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to W. W. greeting: We command you that [proceed as in the common subpæna, supra, No. 7, to the day of the trial, and then thus:] and also that you bring with you and produce at the time and place aforesaid [here describe shortly the deeds, papers, letters, &c. you require the witness to produce, and which may be thus, according to the facts: "a certain instrument purporting to be an indenture of lease made between A. B. of the one part and C. D. of the other part, and dated the day of -, 1839; a certain paper purporting to be a receipt signed by G. G. of the sum of £- from one P. P., and dated the day of 1839; a certain information and complaint in -9 day of writing, on or about the 1839, made and laid before you as one of her majesty's justices of the peace in and for the county of -, by — against respecting an alleged offence of stealing a spoon, and also a certain warrant purporting to have been given under your hand and seal on or about the day and year aforesaid, whereby certain constables to whom the said warrant was directed were authorized and required to bring the said before you and others of her majesty's justices of the peace for the said county, at a certain time and place therein mentioned, namely, at in the said county, at the hour a eleven of the clock in the forenoon of Monday, the day of, wɔ answer to the complaint therein mentioned; also a certain other information and complaint in writing on or about the day of, A. D. 1839, made and laid before you as one of her majesty's justices of the peace for the county of by the said against the said —— specting an alleged offence of stealing a spoon; and also the deposition and depositions and examinations made by the said and other persons, and taken by you, or in your presence, on or about the said day of -, upon the hearing of the said informations or otherwise; also the entries of the dismissal of the charges, on the occasions aforesaid, against the said —, and also all and every other entry and entries of the proceedings against the said had upon the said informations, or in any ways relating to or affecting the same, together with all copies, drafts, and vouchers of the said informations, warrant, depositions, examinations, and entry of dismissal, or any or either of them, and also all other entries, writings, and vouchers in any way relating to the same,"] then and there to testify and show all and singular those things which you, or either of you, know, or the said deed or instrument doth import, of and concerning a certain cause now depending [&c., conclude as in the common subpana, ante, 55, No. 7.] [See 1 Chit. Ar. Pr. 233.] 10. Áffidavit, to obtain Habeas Corpus ad Testificandum. 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 this cause is set down for trial at the sittings after this present term, to be holden at the Guildhall, London, [or "at Westminster Hall in the county of Middlesex," or "at the next assizes to be holden in and for the county of"]; and that W. W. now a prisoner for debt, in custody of the marshal of the Queen's Bench prison, [or "in her majesty's prison of the Fleet," or "in the county gaol of as the case is,] is and will be a material witness for this deponent, at the trial of this cause: And this deponent further saith, that he is advised and verily believes, that he cannot safely proceed to the trial thereof without the testimony of the said W. W., and that he the said W. W. is ready and willing to attend as a witness at the trial of the said cause. Sworn [&c. (a).] A. B. [See 1 Chit. Ar. Pr. 233.] (a) See Index, title "Jurat." |