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thereof, to this deponent, and the said sum of £ due and owing to this deponent.

day of

now remains wholly

In the case of an enlargement of the time for making the award, add this:] And this deponent further saith, that the time for making the said award was duly enlarged to the last, as appears by an indorsement [or "by several indorsements"] on the said bond or obligation, and as he this deponent verily believes, and that the said award was made within the time limited for making the same: And this deponent further saith, that at the time of demanding payment of the said sum of £- the said C. D. had notice that the time for making the said award had been so enlarged, and that the said award was so made as aforesaid.

Sworn [&c. ante, 207.]

51. The like of the Sum awarded, and taxed Costs.

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A. B.

Between (a)

A. B. plaintiff
and

C. D. defendant.

A. B. of the plaintiff in this cause, maketh oath and saith, that he this deponent did, on the

day of last, personally serve the above named defendant with a true copy of the rule and allocatur, and also a true copy of the award hereunto annexed, and at the same time shewed him the said original rule, allocatur, and award, and demanded of him the payment of the sum of £- awarded to this deponent by E. F. of - the arbitrator named in the said award, and also the payment of the sum of £- for the costs allowed to him this deponent in the said cause, but the said defendant refused to pay the same, or any part thereof, and the said sums of £ and £- still remain wholly due and owing from him the said defendant to this deponent.

52. Rule Nisi thereon.

A. B.

Upon reading a rule made in this cause on

term,

Victoria. and the mas

agt. ter's allocatur thereon, the award of A. A. esq. and the affidavit C. D. of P.A., it is ordered, that the defendant, upon notice of this rule to be given to him, shall upon next show cause why an attachment of contempt should not be issued against him for non-payment of £awarded to be paid by him to the plaintiff or his attorney, and also for non-payment of £--, the plaintiff's costs in this cause, [or “ the plaintiff's costs incurred in and about the said arbitration"] in pursuance of the master's allocatur aforesaid. Upon the motion of Mr. James.

[See 2 Chit. Ar. Pr. 1258.]

53. Attachment.
[See the forms, post, 678.]

(a) See the note in the preceding page.

66

By the Court.

BOOK IV.

PART II.

ATTACHMENT.

1. Against Sheriff for not returning Writ, or bringing in the Body. [Forms as to, ante, 235 to 239.]

2. Against a Witness for not obeying a Subpæna.
[See1 Chit. Ar. Pr. 234.]

3. For Non-performance of an Award.
[Forms as to, ante, 675 to 677.]

4. For Non-payment of Costs.

[Form as to, ante, 632; see 2 Chit. Ar. Pr. 1264, 1265.]

5. For Contempt generally.

[See 2 Chit. Ar. Pr. 1263.]

6. Attachment for Contempt against an Attorney in the Queen's Bench or

Exchequer.

Victoria [&c. ante, 170, No. 47,] to the sheriff of greeting: We command you, that you do not forbear by reason of any liberty in your bailiwick, but that you attach A. A. gentleman, one of the attornies of our court before us [or if in Exch. "before our barons of our Exchequer"] at Westminster, so that you may have him before us [or if in Exch. "before the barons of our Exchequer"] at Westminster, onanswer to us for certain trespasses and contempts brought against him in our court before us [or if in Exch. "before the barons of our Exchequer"] at Westminster, and have you there then this writ. Witness (name of chief justice, or in Exch. of chief baron), at Westminster, the day of in the year of our Lord'

7. The like, in Common Pleas.

to

-, greeting:

Victoria [&c. as ante, 170, No. 47,] to the sheriff of Attach A. A. gentleman, one of the attornies of our court of Common

Bench, so that you have him before our justices at Westminster, on to answer to us of and concerning those things which shall then on our behalf be objected against him; and have you there then this writ. Wit(name of chief justice), at Westminster, the

ness

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in the year of our Lord

8. Interrogatories thereon.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

A. B.

V.

C. D.

day of

term, in the year of the reign of Queen Victoria. Interrogatories to be administered to C. D. of -, gentleman, one of the attornies of the court of our lady the now queen before the queen herself, [or in C. P. "of the Bench at Westminster," or in Exch. "of the Exchequer of Pleas at Westminster,"] touching and concerning a contempt supposed to be by him committed against the said court. [Here insert such interrogatories as are adapted to the case, concluding with the jurat as follows:]

gent, one &c.

The above-named C. D. was sworn, the - day

of, 1840, true answer to make to such questions as should be asked him, on his examination on the above interrogatories, before me, at my chambers in Rolls' Garden.

[See 2 Chit. Ar. Pr. 1271.],

INDEX.

A.

ABATEMENT, proceedings upon, pleas in, 298; of coverture of plaintiff,
puis darrein continuance, 84; affidavit of misnomer to compel amend-
ment of declaration, &c. 298; plea of nonjoinder of co-defendant, 298;
affidavit of truth of, 298; replication to plea of nonjoinder, 299; issue;
299; jury process, 299; postea for plaintiff, 299; judgment and exe-
cution for plaintiff, 299; postea for defendant, 300; judgment for, 300,
execution for, 300; proceedings on a demurrer to a plea in abatement,
300; commencement of declaration in new action after plea in abate-
ment of nonjoinder, 300.

Abode of plaintiff, statement of, under judge's order, 230.

Accedas ad curiam, writ of, 424; return thereto, 424; procedendo thereon,
424-see" Replevin."

Account stated, affidavit to hold to bail on, 217.

Action-see the different titles of forms of, and of different persons.

Adding bail, &c. 259-see" Bail."

Administrator, affidavit to hold to bail by, 211; actions by and against-see
"Executors, actions by and against."

Admission of attornies, 4, &c.-see "Attorney"-of documents in evidence,
54-see "Evidence"- -to prosecute and defend, &c. for infant, 527; to
sue in forma pauperis, 536.

Adverse Claims, relief against, 586--see" Interpleader."
Affidavit, general form of, 655; jurat of, 207.

Affidavit to hold to bail,

Affidavit by the plaintiff, 206; affidavit of signature of a Scotch magistrate,
208; quaker's affirmation, 208; affidavit when made by several depo-
nents, 209; the like, by a third person, 209; the like, as to cause of
action only, by one partner, 209; by surviving partner, 209; against a
surviving partner, 210; by wife in action by husband and wife on cause
of action before marriage, 210; against husband and wife on cause of
action against wife before marriage, 210; by one of several assignees of
a bankrupt, 210; by an assignee of an insolvent debtor, 211; by an
executor, 211; by an administrator, 211.

Affidavit that a writ of summons has been issued before the application for
an order to hold to bail, 212.

Statements of cause of action, 212 to 227.

Respecting real property, 212; for freehold premises sold, 212; for copy-
hold premises surrendered, 212; for leasehold premises assigned, &c.,
212; for rent of a house, farm, or land, &c. 212; for rent of unfurnished
apartments, 212; of furnished apartments, 212; for use of furnished
rooms, firing, &c. 213; for double rent, 213; for use of pasture land and
eatage of grass, 213; by ontgoing tenant for improvements, fixtures, &c.
213; for goodwill of business, 213; for crops sold, 213; for tithes, 213;
for wharfage and warehouse room, 213; for standing of carriages, 213;
for fines on admission to copyhold, 213; for tolls, on carriages passing
over a bridge, 213; for tolls, on goods brought into a market and weighed,
&c. 214; for tolls, on passing through a turnpike, and weighings, 214;
for tolls, on cattle sold in a market, 214.

Respecting personal property-for goods sold and delivered, 214; for horses,

cattle, &c., 214; for fixtures, &c., 214; for stock sold and transferred,
214; for board and lodging, 214; the like, for third persons, 214; for

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