(iii) Variation. I hereby vary the nomination made by me in favour of as follows:: [Or, where written on same paper as nomination, I hereby vary the above nomination as follows:-] I nominate of, in the county of to receive the money payable at my death as aforesaid in lieu of Notice as to Stock under Order XLVI. (O. 46, r. 4). To the [here add the name of the company]. TAKE NOTICE that the stock comprised in and now subject to the trusts of the [settlement, will, &c.] referred to in the affidavit to which this notice is annexed consists of the following (that is to say) [here specify the stock]. This notice is intended to stop the transfer of the stock only, and not the receipt of dividends [or, the receipt of the dividends on the stock as well as the transfer of the stock]. (Signed) A. B. [Note. This notice must in every case be signed by the deponent to the affidavit to which it is annexed; see Form 11, infra.] Form 9. Affidavit in support of Garnishee Order (0. 45, r. 1). In the High Court of Justice, I, Division. 18-, No. Between, Judgment Creditor, -, Judgment Debtor. of -, the above-named judgment creditor [or, solicitor for the above-named judgment creditor], make oath and say as follows:: 1. By a judgment of the Court given in this action, and dated the day of ——, 18—, it was adjudged that I [or, the above-named judgment creditor] should recover against the above-named judgment debtor the sum of £, and costs to be taxed, and the said costs were by a master's certificate dated the allowed at £ of 2. The said 3. *. day of 18—, still remains unsatisfied to the extent -, and interest amounting to £. sum of £ is indebted to the judgment debtor or thereabouts. in the 4. The said is within the jurisdiction of this Court. Sworn, &c. [Note. It is sufficient if paragraph 3 runs: "I am informed and verily believe that A. B. is indebted," &c., and it is not necessary to state the amount of the debt sought to be attached. If garnishees are partners, the words should be " on business within the jurisdiction."] carry * Name, address, and description of garnishee. Form 10. Affidavit on Interpleader (O. 57, r. 2). I, of the defendant in the above action, make oath and say as follows:: day The said 1. The writ of summons herein was issued on the 18-, and was served on me on the day of 2. The action is brought to recover *in my possession, but I claim no interest therein. 3. The right to the said subject-matter of this action has been and is claimed † by one who ‡ 4. I do not in any manner collude with the said or with the above-named plaintiff, but I am ready to bring into Court or to pay or dispose of the said manner as the Court may order or direct. If claim in writing make the writing an exhibit. Form 11. Affidavit as to Stock under Order XLVI. (O. 46, r. 4). In the matter of [here state the nature of the document comprising the stock, and add the date and other particulars, so far as known to the deponent, sufficiently to identify the document]; and In the matter of the Act of Parliament, 5 Vict. c. 5. of I, make oath and say that according to the best of my knowledge, information, and belief, I am [or, if the affidavit is made by the solicitor, A. B., of is] beneficially interested in the stock comprised in the [settlement, will, &c.] above-mentioned, which stock, according to the best of my knowledge and belief, now consists of the stock specified in the notice hereto annexed. This affidavit is filed on behalf of A. B., whose address is [state address for service]. Form 12. Summons (General Form). (0.54, r. 10.) London], on o'clock in the LET all parties concerned attend the judge [or master] in Chambers [Central Office, Royal Courts of Justice, Strand, day, the day of 18-, at noon, on the hearing of an application Form 13. General Form of Originating Summons (0. 54, г. 4B). In the High Court of Justice, Division. 18-. If in the Chancery Division add the name of the judge to whom the matter is assigned. If the question to be determined arises in the administration of an estate or a trust entitle it also in the matter of the estate or trust. Between A. B., Plaintiff, C. D., Defendant. LET of in the county of within eight days after service of this summons on him, inclusive of the day of such service, cause an appearance to be entered for him to this summons, which is issued upon the application of of in the county of who claims to be [state the nature of the claim], for the determination of the following questions: [State the questions.] Dated the This summons was taken out by above-named solicitor for the The defendant may appear hereto by entering appearance either personally or by solicitor at the Central Office, Royal Courts of Justice. Form 14. Notice of Appointment to hear Originating Summons (O. 54, r. 4D). [Title, &c., as in Form 13.] To [insert the name of the defendant or respondent]. Take notice that you are required to attend the judge [or master] in Chambers [or at the Chambers of Mr. Justice -][or at the Admiralty Registry] at the Royal Courts of Justice on day of 18-, at day of o'clock in the noon, for the hearing of the originating summons issued herein on the 18-, and that if you do not attend in person or by solicitor at the time and place mentioned, such order will be made and proceedings taken as the judge [or master] may think just and ex pedient. (Signed) Solicitor for the Plaintiff [or Applicant]. Form 15. Form of Ex Parte Originating Summons. In the High Court of Justice, Chancery Division. 18-, B. No. In the matter of A. B., an infant [Or, as may be]. LET all parties concerned attend at the Chambers of Mr. Justice at the Royal Courts of Justice, Strand, Middlesex, at the time specified in the margin hereof, on the hearing of an application on the part of the abovenamed A. B., an infant, by C. D. his next friend, that, &c. This summons was taken out by county of [agents for ? of -], solicitors for the applicant. in the of in the county of Form 16. Order charging Stock-Nisi (O. 46, r. 1). UPON hearing and upon reading the affidavit of filed the day of, 18, whereby it appears that the plaintiff recovered a judgment against the defendant on the day of —, 18—, for the sum of £ and £- costs, that the said defendant is still indebted to the plaintiff in the said sums so recovered, and that there is standing in day It is ordered that unless sufficient cause be shown to the contrary before the Judge in Chambers, Central Office, Royal Courts of Justice, Strand, London, on day the of, 18, at o'clock in the forenoon, the defendant's interest in the so standing as aforesaid shall, and that it in the meantime do, stand charged with the payment of the above-mentioned amount due on the said judgment. |