CHAPTER XII. SECURITY FOR COSTS. 1. Application to Plaintiff's Attorney for Security for Costs. In the Q. B. [or "C. P." or "Exch. of Pleas."] Sir, A. B. against C. D. I hereby require of the plaintiff to give the defendant in this cause security for the payment of the defendant's costs, otherwise I shall apply to the court [or "a judge of this honourable court"] to compel him to do so. Your's &c. D. A. defendant's attorney [or "agent."] [See 2 Chit. Ar. Pr. 1016.] 2. Affidavit to stay Proceedings till Security given for Costs. In the Q. B. [or "C. P." or "Exch. of Pleas."] at - A. B. plaintiff, C. D. defendant. C. D. of --the above-named defendant, and D. A. of —, gentleman, his attorney, severally make oath and say, and first this deponent C. D. for himself saith, that the residence of the above-named plaintiff is -, in the kingdom [or "dominion," or "state"] of ——, and that he the said plaintiff is usually resident, and that he now, as this deponent hath been informed and verily believes, resides there: And this deponent further saith, that he was served with process in this action on or about the day of last [or "instant"]: And this deponent D. A. for himself saith, that a common appearance hath been duly entered in this cause for the said defendant: And this deponent further saith, that a declaration in this cause hath been delivered [or "filed and a notice thereof served"], but that the said defendant hath not as yet pleaded thereto And this deponent further saith, that he did on the day of last [or "instant"], for and on the part and behalf of the said defendant, demand of P. A. gentleman, attorney for the above-named plaintiff, security for costs in this action, but that the said P. A. refused to give any such security; and thereupon this deponent did, on the said day of last [or "instant"] serve the said P. A. with a true copy of the notice hereunto annexed, by delivering such copy to the said P. A. [or "to a clerk," or "servant," of the said P. A. at his chambers ·•] [See ante, 337.] deponents C. D. and D. A. See ante, 207.] [See 2 Chit. Ar. Pr. 1015.] or "house" &c. in The above-named were sworn [&c. D. A. C. D. D. A. B. V. D. 3. Summons to obtain a Judge's Order for Security for Costs. Let the plaintiff's attorney or agent attend me at my chambers in Rolls' Garden, on — next, at o'clock of the forenoon [or afternoon"], to show cause why further proceedings in this cause should not be stayed until the plaintiff shall have given security for costs in this cause; and that in the meantime proceedings be stayed. Dated day of this A.D. 1840. (Judge's signature.) 4. Order thereon. be readily framed from the above summons and the form of the rule nisi, infra.] 5. Notice of Motion for Security for Costs. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice that this honourable court will be moved on - next, or as soon after as counsel can be heard, for a rule to show cause why the proceedings in this cause should not be stayed until security be given for the payment of costs. Dated the To Mr. P. A. plaintiff's attorney. day of Your's &c. 1840. D. A. defendant's attorney. [See 2 Chit. Ar. Pr. 1016.] On 6. Rule Nisi thereon. A. D. B. V. Upon reading the affidavit of C. D. and another, it is ordered, that the plaintiff, upon the notice of this rule to be given to him or D. his attorney, shall on show cause why further proceedings in this cause should not be stayed, until the plaintiff shall have given such security for the costs in this cause, in case he shall be nonsuit, discontinue, or a verdict be given for the said defendant, as one of the masters shall approve of; and that in the meantime proceedings be stayed. Upon the motion of Mr. By the Court. [See 2 Chit. Ar. Pr. 1016.] 7. Security for Costs in Ejectment. 8. Bond for securing Costs. Know all men by these presents, that we E. B. of are held and firmly bound to W.L. of and E. M. in the sum of of— £——, of lawful money of Great Britain, to be paid to the said W.L., or his certain attorney, executors, administrators, or assigns, for which payment to be well and faithfully made, we bind ourselves and each of us, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals. Dated this Whereas a certain action hath been lately commenced and is now depending in her majesty's court of - at Westminster, wherein E. H. and D. M. are plaintiffs, and the above-named W. L. is defendant, and by reason of the said plaintiffs residing out of the jurisdiction of the said court, the said defendant hath applied to the said plaintiffs to give security for costs in the said cause, in case the said plaintiffs shall be nonsuit, discontinue, or a verdict be given for the said defendant. And whereas the said E. B. and E. M. have agreed to enter into the above written bond as security for the payment of such costs of the said defendant with such condition as is hereinafter contained. Now, therefore, the condition of the above-written bond or obligation is such, that if the above bounden E. B. and E. M. or either of them, their or either of their heirs, executors, or administrators, shall and do well and truly pay or cause to be paid unto the said W. L. or his executors, administrators, or assigns, such costs as the said E. H. and D. M. shall in due course of law be liable to pay in case they shall discontinue, become nonsuit or a verdict shall pass against them in the said action, such costs to be first taxed by one of the masters in the usual manner, then the above obligation to be void, otherwise to be and remain in full force and virtue. Signed, sealed, and delivered in the presence of E. B. (L.S.) CHAPTER XIII. OYER OF DEEDS, &c. 1. Demand of Oyer, by Defendant. In the Q. B. [or "C. P." or " Exch. of Pleas."] B. against D. The defendant demands oyer and copy of the writing obligatory mentioned in the declaration in this cause, and the condition thereof (or "of the deed poll," "indenture," "articles of agreement," &c. mentioned in the declaration in this cause.] Dated the -, 1840. day of Your's &c. D. A. defendant's attorney [or "agent."] 2. The like, by Plaintiff. In the Q. B. [or "C. P." or "Exch. of Pleas."] The plaintiff demands oyer and copy of the indenture of lease [&c. as in preceding form] mentioned in the plea in this cause. Dated the day of 1840. Your's, &c. P. A. plaintiff's attorney [or "agent."] [See 2 Chit. Ar. Pr. 1020.] CHAPTER XIV. COPIES OR INSPECTION OF WRITTEN INSTRUMENTS. 1. Affidavit to ground a Motion to obtain Inspection of an Agreement. In the Q. B. [or “ C. P.” or “ Exch. of Pleas."] day of Between A. B. plaintiff, and C. D. defendant. A. B. of [builder], the above-named plaintiff, and P. A. of his attorney, severally make oath and say, and first this deponent, the said A. B., for himself saith, that on or about the - he this deponent entered into a contract in writing with the above-named defendant in this cause for [the building of a certain house, No.- in street, in the county of,] which said contract was left in the custody of the said defendant; and the said A.B. and P.A. severally say, that they verily believe that the said contract is still in the custody of the said defendant or his attorney, and that they verily believe that the said plaintiff is entitled to recover in this action: And this deponent P. A. says, that he did on &c. apply to and request the said defendant to allow an inspection of the said contract by him as the attorney of the said plaintiff in this cause, and to grant him a copy thereof, at the same time offering to pay the charges so to be incurred on that account, and that the said defendant did not grant either the said inspection or copy, [but referred this deponent to his attorney, Mr., of &c.] And this deponent further saith, that he did on &c. apply to the said Mr. ———, and request inspection and copy of the said contract, and make an offer of payment for the same, but that he did not obtain either an inspection or copy; and that he this deponent did inform Mr. —— that unless the same were supplied on or before the day of &c. instant, he should consider that such inspection and copy were refused]: And these deponents severally say, that the said inspection and copy have not nor hath either of them been yet granted to them or either of them, or to any other person on the account of the said plaintiffs. [State any other fact that may induce the court or judge to grant the application.] Sworn [&c. ante, 207.] [See 2 Chit. Ar. Pr. 1023, 1025.] - A. B. P. A. CHAPTER XV. PARTICULARS of demand, set-off, &c. 1. Particulars of a Demand, to be delivered with a Declaration containing an Indebitatus Count only, where the full Particulars can be comprised in three folios. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. against C. D. This action is brought to recover £25: 10s., being [the balance] due to the plaintiff, upon the following items of account. To half year's rent to this day, of £. s. d. . 25 10 0 500 Sept. 12. Above are the particulars of the plaintiff's demand, and the plaintiff will avail himself of all or any of the counts in the declaration in this action for the recovery of the said demand. Dated the day of— 1840. To Mr. D. A. defendant's attorney [or "agent."] Your's &c. P. 4. plaintiff's attorney [or "agent."] [See 2 Chit. Ar. Pr. 1028.] 2. The like, where the Declaration contains Special and Indebitatus Counts. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. B. against C. D. The following are the particulars of the plaintiff's demand, under the indebitatus counts in the declaration in this cause. [Here copy the account concisely.] And the plaintiff will avail himself of all or any of the counts in the declaration in this action for the recovery of the said demand. Dated the day of 1840. To Mr. D. A. defendant's attorney [or "agent."] Your's &c. P. A. plaintiff's attorney [or "agent."] 3. Statement of Claim, to be delivered with a Declaration containing an Indebitatus Count only, where the full Particulars cannot be comprised in three folios. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. B. against C. D. This action is brought to recover £, [being the balance of an account] due and owing from the defendant to the plaintiff, for butcher's |