diately after the execution hereof, to render to the said H. B. for his said damages and interest: and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Exch. "to the said barons"] at Westminster, immediately after the execution thereof, and have you there then this writ. Witness (name of chief justice or chief baron), at Westminster, the in the year of our Lord day of CHAPTER XXXIII. DEATH, BANKRUPTCY, MARRIAGE, &c. of parties. [See 2 Chit. Ar. Pr. 1178, et seq. and the forms referred to in the Index, under the titles "Bankruptcy," "Death," "Husband and Wife."] CHAPTER XXXIV. MOTIONS AND RULES. 1. Notice of Motion. 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 to-morrow, [or "on the instant,"] or as soon after as counsel can be heard, for a rule to show cause why [&c. here state the subject matter of the intended motion. See the various forms throughout this work.] Dated this day of A.D. 1840. Your's &c. P.4. plaintiff's [or "defendant's"] attorney [or "agent."] [See 2 Chit. Ar. Pr. 1045, 1186.] 2. Affidavit of Service of Notice of Motion. In the Q. B. [or "C. P." or Exch. of Pleas."] day of Between A. B. plaintiff and C. D. defendant. P. A. of -, gentleman, attorney for the above-named defendant, maketh oath and saith that he this deponent did on the instant [or "last"] personally serve Mr. E. F. who acts as attorney [or "agent"] for the above-named plaintiff, with a true copy of the notice hereunto annexed, apprising him that this honourable court would be moved [&c. as in notice, or if not personally served on plaintiff, say "did on, &c. serve a true copy (&c. as above) on Mr. E. F. who acts as attorney (or‘agent') for the plaintiff in this cause, by leaving the same at the house (or chambers') of the said E. F. with his clerk (or servant') there."] Sworn [&c. as ante, 207.] 3. Affidavit in support of or against Motion. P.A. [See the forms of titles and conclusions, &c. of affidavits, ante, 207, post, 665; also the forms referred to in the Index, title "Affidavit." See 2 Chit. Ar. Pr. 1185.] of Queen Victoria (a). year of the reign A. B. Upon reading the affidavit of W. W. and others, and the against declaration in this cause, (or as the case is,) it is ordered that C. D. the plaintiff, upon notice of this rule to be given to him or his attorney, shall, upon in this term, show cause why [&c. state the subject-matter of the rule.] Upon the motion of Mr. A. B. [See 2 Chit. Ar. Pr. 1184.] 5. The like, in C. P. --. By the Court. term, in the year of the reign of Queen Victoria (a). Upon reading the declaration in this cause, and the affidavit against of W. W. and others, it is ordered that the [plaintiff,] upon cause to this court, on- why [&c. stating the subject-matter of the rule.] On the motion of Mr. for the [defendant.] 6. The like, in Exchequer. In the Exchequer of Pleas. On the motion of Mr. the affidavit of the [defendant], the declaration in this cause, [plaintiff] show cause, on rule.] By the Court. A. B. v. C. D. term, Victoria (a). of counsel for the [defendant], and reading and the affidavit of W. W., and reading (or as the case is,) it is ordered that the why [&c. state the subject-matter of the By the Court. 7. Affidavit of Service of Rule Nisi. [See the forms, ante, 337, 587. See 2 Chit. Ar. Pr. 1188.] Upon reading the rule made in against term, the affidavit of W. W. and the C. D. fendant], and upon hearing Mr. year of the reign of Queen in this this cause on of counsel for the de fendant, and Mr. of counsel for the plaintiff, it is ordered that [&c. slate the subject-matter of the rule.] [See 2 Chit. Ar. Pr. 1191.] (a) By rule of all the courts of H. T. 1 Vict. r. 4, every rule of court delivered out in vacation shall be dated the day of the month and week By the Court. on which the same is delivered out, but shall be entitled as of the term immediately preceding such vacation. F F A. B. 9. Judge's Fiat for a Rule in Vacation. Upon reading the affidavit of the [defendant], and upon against hearing the attornies or agents on both sides, I do order that C.D. one of the masters do draw up a rule that [&c. state the subjectmatter of the intended rule.] Dated the 1840. (Judge's signature.) day of [See 2 Chit. Ar. Pr. 1195.] 10. Memorandum or Minute for Registry in pursuance of 1 & 2 Vict. c. 110, s. 19. [See the form, ante, 109.] 11. Fieri Facias on a Rule or Order of a superior Court of law, for the Payment of Money. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of -, greeting: We command you that of the goods and chattels of C. D. in your bailiwick, you cause to be made £, which lately in our court before us [or in C. P. " before our justices of the Bench," or in Exch. "before the barons of our Exchequer"] at Westminster, by a rule of our said court entitled, &c. [as the case may be], were by the said court ordered to be paid by the said C. D. to A. B., and that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made interest upon the said sum of £, at the rate of £4 per centum per annum, from the day of in the year of our Lord, on which day the said rule was made, [or if it were made prior to the 1st of October, 1838, say "from the 1st day of October, in the year of our Lord 1838," omitting the words " on which day the said rule was made,"] and have that money, together with such interest as aforesaid, before us, [or in C. P. “before our said justices," or in Exch. "before the said barons"] at Westminster, immediately after the execution hereof, to be rendered to the said A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B., and for interest as aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Exch. "to the said barons"] at Westminster, immediately after the execution thereof, and have there then this writ. Witness -(name of chief justice or chief baron), at Westminster, the —————— day of ——, in the year of our Lord 12. The like, for Payment of Money and Costs. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of -- greeting: We command you that of the goods and chattels of C. D. in your bailiwick, you cause to be made f, which lately in our court before us [or in C. P. " before our justices of the Bench," or in Exch. "before the barons of our Exchequer"] at Westminster, by a rule of our said court entitled &c. [as the case may be], were by the said court ordered to be paid by the said C. D. to A. B., together with the costs of the said rule, day of ——, in the year of our Lord —, taxed and allowed by our said court at the sum of £; and that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made interest upon the said two several sums of £at the rate of £4 per centum per annum, which said costs were afterwards, on the and £from the said day of in the year of our Lord [the day on which the costs of the rule were taxed, or if that were prior to the 1st of October, 1838, say " from the 1st day of October, in the year of our Lord 1838,"] and have that money, together with such interest as aforesaid, before us [or in C.P. "before our said justices," or in Exch. "before the said barons"] at Westminster, immediately after the execution hereof, to be rendered to the said A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Exch. "to the said barons"] at Westminster immediately after the execution thereof, and have there then this writ. Witness (name of chief justice or chief baron), at Westminster, the in the year of our Lord day of 13. Elegit on a Rule or Order of a superior Court of Law for Payment of Money. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of —, greeting: Whereas lately in our court before us [or in C. P. "before our justices of the Bench," or in Exch. " before the barons of our Exchequer"] at Westminster, by a rule of the said court entitled &c. [as the case may be] the sum of £ was by the said court ordered to be paid by C. D. to A. B., and afterwards the said A. B. came into our said court before us, [or in C. P. " before our justices of the Bench," or in Exch. "before the barons of our Exchequer,"] and, according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C.D., or any person in trust for him, was seised or possessed of, on the day of in the year of our Lord ―, on which day the said rule was made, or at any time afterwards, or over which the said C. D. on the said day of - (the day on which the rule was made), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit; to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said sum of £- together with interest upon the said sum of £- at the rate of £4 per centum per annum, from the said day of in the year of our Lord, [the day on which the rule was made, or in case it was made prior to the 1st day of October, 1838, say "from the 1st day of October, in the year of our Lord 1838,"] shall have been levied. Therefore we command you, that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen |