meat supplied by plaintiff to defendant, from the 1st Jan. 1831, to the 1st Jan. 1840, [stating the particulars concisely as well as you can:] full particulars whereof cannot be comprised within three folios: 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."] 4. The like, where the Declaration contains both Special and Indebitatus Counts. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. against C. D. The plaintiff seeks to recover under the indebitatus counts in the declaration in this cause, £- for builder's, carpenter's, joiner's, plasterer's, and mason's work, done at the premises in and for materials thereon, provided between the 1st of January, 1839, and the 1st of January, 1840; full particulars whereof cannot be comprised within three folios: 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. day of 1840. Your's &c. P. A. plaintiff's attorney [or "agent."] Dated the To Mr. D. A. defendant's attorney D. ats. B. [or "agent."] 5. Summons for Particulars of Demand. 66 on next"], at Let the plaintiff's attorney or agent attend me, at my chambers in Rolls' Garden, to-morrow [or of the clock in the forenoon [or " afternoon"],* to show cause why he should not deliver to the defendant's attorney or agent, an account in writing [with dates] of the particulars of the plaintiff's demand for which this action is brought; and why in the meantime all proceedings in this cause should not be stayed [and specify any other terms you may be desirous of imposing on plaintiff.] Dated the 1840. day of [See 2 Chit. Ar. Pr. 1032.] D. ats. B. 6. Order thereupon. * Upon hearing the attornies or agents on both sides, I do order that the plaintiff's attorney or agent shall deliver to the defendant's attorney or agent an account in writing [with dates] of the particulars of the plaintiff's demand for which this action is brought; and that in the meantime all further proceedings in this cause be stayed [and specify any other terms the judge may think fit to impose on plaintiff.] Dated the day of ——, 1840. [See 2 Chit. Ar. Pr. 1032.] (Judge's signature.) 7. Summons for Particulars of Demand without paying the Costs of them &c. Plaintiff not having delivered a Particulars with his Declaration containing Indebitatus Counts. D. [As usual, as in form, ante, 597, No. 5, to the asterisk*] to ats. show cause why he should not deliver to the defendant's attorB. ney or agent an account in writing [with dates] of the particulars of the plaintiff's demand for which this action is brought, without being under terms of pleading issuably or other terms, and why in the meantime all proceedings in this cause should not be stayed; and why such particulars should not be furnished without costs to the plaintiff for such particulars, or of attending this application. Dated the 1840. day of (Judge's signature.) D. 8. Judge's Order thereon. [As usual, as in form, ante, 597, No. 6, to the asterisk*] shall ats. deliver to the defendant's attorney or agent an account in B. writing [with dates] of the particulars of the plaintiff's demand for which this action is brought, and that in the meantime all further proceedings in this cause be stayed; and that such particulars be furnished without costs to the plaintiff for such particulars, or of attending this application [and state any other terms the judge may think fit to impose.] Dated the day of -- 1840. [See 2 Chit. Ar. Pr. 1033.] (Judge's signature.) 9. Particulars of Demand in ordinary cases when not accompanied by the Declaration. 10. Particulars of Demand, in an Action on a Bill of Exchange, with Money Counts. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. against C. D. This action is brought to recover the amount of the bill of exchange mentioned in the [first] count of the declaration in this cause; and also for the recovery of the balance due to the plaintiff on the following account: [here copy the account.] Above are the particulars [&c. conclude as in the preceding form.] 11. Particulars of Demand on a Special Count. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. B. against C. D. This action is brought to recover such damages as a jury shall by their verdict think fit to give the plaintiff, for and in respect of the causes of action fully and particularly set forth in the special count of the declaration in this cause, and which damages the plaintiff estimates at £--; and more particularly to recover damages for and in respect of the following causes of action [here set them out.] Above are the particulars [&c. as ante, 598, No. 9.] Dated the day of ——, 1840. To Mr. D. A. defendant's attorney [or "agent."] Yours &c. P. A. plaintiff's attorney [or "agent."] 12. Particulars of Demand, in Action for Mesne Profits. In the Q. B. [or “ C. P." or " Exch of Pleas."] A. B. against C. D. This action is brought to recover the mesne profits of a dwelling-house [&c. describing the premises concisely and their situation,] from the day of, 1840, till the execution of the writ of possession, issued on a judgment in ejectment, brought on the demise of the plaintiff, being on or about the and also £ day of 1840, at the rate of £ per annum: for the costs of obtaining possession of the premises, under the said judgment. B. Above are the particulars [&c. conclude as in preceding form.] 13. Particulars of Premises or Breaches for which an Ejectment is brought. [See the forms, ante, 374, 375, Nos. 36, 37, 38.] 14. Order for a Particulars of Set-off. Upon hearing the attornies [or "agents"] on both sides, I do order that the defendant's attorney or agent shall deliver to the plaintiff's attorney or agent an account in writing [with dates] of the particulars of the defendant's set-off in this action, on or before the D. day of instant, [or" within days,"] or in default thereof the defendant shall be precluded from giving any evidence in support of such set-off at the trial of this cause. Dated &c. [Judge's signature.] 15. Particulars of Set-off. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. against C. D. The following are the particulars of the defendant's set-off in this action; [here set out the particulars of the set-off with certainty and precision, as you would in a particulars of demand. Dated &c. To Mr. P. A. plaintiff's attorney Your's &c. D. A. defendant's attorney, [or "agent."] [See 2 Chit. Ar. Pr. 1032, 1033.] 16. Particulars of Objections to Patent. In the Q. B. [or C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. The defendant in this action, besides denying that he has infringed the letters-patent in the declaration mentioned, will also rely upon the following objections, that is to say, that [here set forth the objections fully and precisely]. And the defendant hereby gives notice to the plaintiff of the said objections, according to the form of the statute in such case made and provided. Dated [&c.] To the above-named plaintiff, and to his attorney [or "agent."] [See 2 Chit. Ar. Pr. 1031.] Your's &c. defendant's attorney. CHAPTER XVI. COMPOUNDING PENAL ACTIONS. 1. Notice of Motion to Crown Officer, where part of Penalty goes to the In the Q. B. [or " C. P." or Crown. Between A. B. who sues &c. plaintiff, and C. D. defendant. This action is brought for the recovery of penalties to the amount of £, alleged to have been incurred by the above-named defendant upon and by virtue of an act of parliament made and passed in the of the reign of King -, intituled "An Act [&c."]; And it hath been agreed between the said plaintiff and defendant to apply to the court of year for leave to compound this action, upon the defendant's paying the sum of £ to our lady the now queen, and £ to the said plaintiff, together with the costs of this action and of the said application, to be taxed by the proper officer, [or otherwise, stating the agreement according to the fact]: And you will be pleased to notice, that the said court of will be moved on the instant, [or "next,"] or as soon after as counsel can be heard, for leave to make the said composition. Dated the day of —, 1840. Your's &c. To, esq. P. A. plaintiff's [or " defendant's"] attorney. [See 2 Chit. Ar. Pr. 1040.] 2. Affidavit to ground Motion. In the Q. B. [or "C. P." or " Exch. of Pleas."] 2 Between A. B. who sues &c. plaintiff, and C. D. defendant. A. B. of labourer, the above-named plaintiff, and P. A. his attorney, severally make oath and say, and first this deponent A. B. for himself maketh oath and saith, that this action is brought for the recovery of a certain penalty [or "penalties"], amounting to the sum of £-—, surmised to have been incurred by the defendant above-named upon and by virtue of an act of parliament made and passed in the year of the reign of, intituled " An Act" [&c. here mention the stage of the action, as whether it be before or after declaration, plea, issue, or verdict; if before declaration, say " but this deponent hath not as yet declared in the said action:" if after declaration, and before plea, you may say " and this deponent hath filed a declaration in the said action against the defendant, but who hath not as yet pleaded thereto" &c.] And this deponent further saith, that it hath been agreed between this deponent and the said defendant that an application should be made to this honourable court by and on the behalf of this deponent and the said defendant for leave to compound the said action, upon the said defendant's paying the sum of £- [half the composition] to our lady the now queen, and the sum of £to this deponent, together with the costs of this action and of the present application, to be taxed by the proper officer [whatever is D D |