subpoena, and of the indorsement thereon, and, at the same time, producing to the said defendant the original subpoena, by which said subpoena the said defendant was commanded to cause an appearance to be entered for him, in this honourable Court, to a bill filed against him by the above named plaintiff, within days after the service of the said subpoena, on him the said defendant, exclusive of the day of such service. A. B. Sworn at the public office, Southampton (signature of deponent) Buildings, in the County of Mid- If the subpoena is to appear to an information, a bill of revivor or supplement, or to an amended bill, it is better that the affidavit should be so worded, and as the service of a subpoena to appear to an amended bill may be on the clerk in court for a defendant, who has appeared to the original bill, the affidavit will be varied according to that service. 2. Affidavit of the Service of a Subpana to appear and answer, at the Dwelling House of the Defendant. In Chancery. Between, &c. day A. B. &c. that he, this deponent, did, on the of, serve the above named defendant with a subpoena, issuing out of and under the seal of this honourable Court, by delivering to, and leaving with, the servant of the said defendant, at his dwelling house, situate at, &c. a true copy of the said subpoena, and of the indorsement thereon, and at the same time producing to (him or her) the said original subpoena by which said subpoena, &c. &c. (the same as No. 1.) Sworn, &c. 3. Affidavit of the Service of a Subpana to hear Judgment, on the Clerk in Court. In Chancery. Between A. B. Plaintiff, day A. B. &c. that he this deponent did on the of serve Mr. who acts as clerk in court for the above named defendant C. D. in this cause, as this deponent has been informed and believes, with a subpœna issuing out of and under the seal of this honourable Court; by which said subpoena the said defendant C. D. was commanded to appear before ["the Right Honourable the Lord Chancellor," or "his Honor the Master of the Rolls," or "his Honor the Vice Chancellor,"] on the day of or whenever thereafter this cause should come on for hearing, then and there to receive and abide by such judgment and decree as should then or thereafter be made and pronounced; by delivering to, and leaving with the clerk or agent of the said Mr. at his seat in the Six Clerks' Office, a true copy of the said subpoena, and of the indorsement thereon, and at the same time producing to him the original subpoena, so under seal, as aforesaid. Sworn, &c. Personal service of the subpoena to hear judgment is not now required, 20 N. O. The service may be on the clerk in court. 4. Affidavit of having been served with a Subpana, to hear Judgment. In Chancery, Between, &c. A. B., agent to of the Six Clerks' Office, Chancery Lane, in the county of Middlesex, one of the sworn clerks. of this honourable Court, maketh oath, and saith, that a supbæna appearing to be issuing out of, and under the seal day of —, served in the Six Clerks' of this honourable court, was, on the on this deponent, at the seat of the said Office, whereby the above named defendant, C. D. was commanded to appear before his honour the Master of the Rolls, (or as the case may be,) on the day of, or whenever thereafter this cause should come on for hearing, then and there to receive and abide by such judgment and decree as should then or thereafter be made and pronounced, and this deponent saith that the said acts as clerk in court for the said defendant C. D., in this cause. Sworn, &c. 5. Affidavit of the Service of a Notice of Motion. In Chancery. Between, &c. A. B. &c., that he this deponent did, on the day of instant, serve Mr. who acts as clerk in court for the plaintiff, (or defendant, as the case may be,) in this cause, as this deponent is informed and believes, with a notice in writing in this cause, purporting that this honourable Court would be moved, before, &c.; (copy the notice in the past tense,) by delivering to, and leaving with the clerk or agent of the said Mr., at his seat in the Six Clerks' Office, a true copy of such notice. Sworn, &c. 6. Affidavit of having been served with a Notice of Motion. In Chancery. Between, &c. A. B., &c., that he was on the day of, served with a notice in writing, in this cause, purporting that this honourable Court would be moved, before, &c., (copy the notice in the past tense.) Sworn, &c. 7. Affidavit of the Service of an Order. In Chancery. of Between, &c. day A. B., &c. that he this deponent did on the serve Mr., who acts as clerk in court for the abovenamed in this cause, as this deponent has been informed and believes, with an order made in this cause by the Right Honourable the Lord Chancellor, (or by his Honor the Master of the Rolls,) bearing date the day of, whereby it was ordered (state ordering part of the order); by delivering to, and leaving with the clerk or agent of the said Mr., at his seat in the Six Clerks' office, a true copy the said order, and at the same time showing him the said original order duly passed and entered. day of Sworn, &c. of If the service is personal, "that he this deponent did, on the personally serve the abovenamed with an order, &c. by delivering to, and leaving with the said - a true copy," &c. 8. Affidavit of having been served with an Order. In Chancery. Between, &c. A. B., &c. that he was on, the day of, served with an order made in this cause, bearing date the day of, whereby it was ordered (recite order in the past tense.) Sworn, &c. 9. Affidavit of the Service of a Petition. In Chancery. of Between, &c. A. B., &c., that this deponent did on the the (plaintiff or defendant) in this cause as this deponent is informed and believes, with a petition preferred unto the Right Honourable the Lord High Chancellor, (or unto his Honor, the Master of the Rolls,) on behalf of the said (plaintiff or defendant), with his Lordship's (or his Honor's) order thereon dated the day of, whereby it was ordered, that all parties concerned should attend his thereon, on the then next day of petitions, and that notice thereof should be given forthwith; by delivering to and leaving with the clerk,* or agent of the said Mr. ——, at his seat in the Six Clerks' Office, a true copy of the said petition and order, and at the same time showing him the said original petition, with his Lordship's (or Honor's) order thereon as aforesaid. Sworn, &c. If the service is personal, the form to be varied, as No. 7. 10. Affidavit of having been served with Petition. day of, served with a petition in this cause, preferred unto, on behalf of with his Lordship's (or Honor's) order thereon, dated the day of, whereby it was ordered, that all parties concerned should attend his thereon, on the then next day of petitions, and that notice thereof should be given forthwith. Sworn, &c. 11. Affidavit of Service of Subpana for Costs. In Chancery. Between, &c. day of personally A. B., &c. that he did on the serve the above-named with a subpoena, issuing out of, and under the seal of this honourable Court, whereby the * If there are more clerks in court than one, the affidavit will be "with the clerks or agents of the said Mr., and Mr. at their respective seats in the Six Clerks' office, each a true copy of the said petition and order; and at the same time, showing them respectively the said original petition, with his Honor's order thereon as aforesaid." |