13 & 14 Vict. c. 61, s. 9. Rule, 267. Rule, 201. Rule, 202. Rule, 202. No. 105. Affidavit of Signature under Sect. 9 of 13 & 14 Vict. I, of e. 61. day of gentleman, an attorney of her majesty's court of at Westminster, make oath and say, that I was present on the one thousand eight hundred and sixty and did see the plaintiff and defendant respectively sign the statement hereunto annexed, marked with the letter A, and that the name set to the said statement is in set to the said the handwriting of the plaintiff, and that the name statement is in the handwriting of the defendant, and that the name set to the said statement as the witness attesting the same is in my handwriting. on the No. 106. Notice to Defendant where any Change of Plaintiff. Whereas A. B., at a court holden at day of for 186 obtained a judgment against you for the sum of £ and costs, which judgment now remains unsatisfied: And whereas the sid [address A. B. has since died [or, as the case may be], and E. F. of and description] is his executor [or state other representative character, this is to give you notice, that the name of the said E. F. has been substituted as plaintiff for that of the original plaintiff, and that he is at liberty therefore to take the same proceedings on the judgment that the original plaintiff was entitled to take. To the defendant. Due on judgment £ S. d. [N.B.-Where the judgment in the original cause was for the defendant, and he has died, or, as the case may be, the above form must be altered accordingly.] No. 107. Summons in Nature of Scire Facias where any Change of Defendant. Whereas the plaintiff, at a court holden at 186 for on the day of obtained a judgment against C. D. of [name, address, and description of C. D.], for the sum of £ and costs, which judgment now remains unsatisfied: And whereas the said C. D. has since died [er state cause of revival being necessary], and you are his executor [or state ether representative character], you are hereby summoned to appear at a court to be holden at 186 at the hour of in the noon, to show cause why judgment should not be entered up against you, at the suit of the plaintiff, on the judgment so obtained, and why execution should not issue thereon. [N.B.-Where the judgment in the original cause was for the defendant the above form must be altered accordingly.] No. 108. Judgment on Scire Facias on Change of Defendant. for 186 obtained a judgment against C. D. for the sum of £ and costs, and which judgment now remains unsatisfied: And whereas the said C. D. has since died [or state other circumstances requiring revival of judgment], and the defendant is his executor [or state other representative character]. [Conclude according to the rules and forms as to executors and the defence made.] [N.B.-Where the judgment in the original cause was for the defendant the above form must be altered accordingly.] Upon hearing this cause at a court this day holden, it is adjudged that the plaintiff do recover against the defendant the sum of £ and £ for costs: for And it is ordered, that the defendant do pay the same to the registrar of this court, on or before the day of 186 It is also adjudged that the defendant, being the executor [or administrator] of the said deceased, has made away, wasted, and put to his own use divers goods and chattels [or moneys, as the case may be], to the amount of the said sum, which were the property of the said deceased, and which came to the hands of the defendant as executor [or administrator] as aforesaid, to be administered: Wherefore it is ordered, that if the defendant shall make default in the payment of the said sum, the same shall be levied by distress and sale of the goods and chattels which were of the said deceased, and which came to the hands of the defendant as executor [or administrator], if the defendant has so much thereof in his hands to be administered, and if he has not, then that the said sums shall be levied of the proper goods and chattels of the defendant. No. 110. Judgment against an Executor who has denied his Representative Character. Upon hearing this cause at a court this day holden, it is adjudged that Rule, 208, the plaintiff do recover against the defendant the sum of £ for And it is ordered, that the defendant do pay the same to the registrar of this court, on or before the day of 186 . And the defendant having denied that he is executor [or administrator] of the said deceased, it appears to the court that he is executor [or administrator] of the said deceased: Wherefore it is ordered, that if the defendant shall make default in the payment of the said sums the same shall be levied by distress and sale of the goods and chattels which were of the said deceased, and which came to the hands of the defendant as executor [or administrator], if the defendant has so much thereof in his hands to be administered; and if he has not, then that the said sums shall be levied of the proper goods and chattels of the defendant. Rule, 208. No. 111. Judgment against an Executor who has pleaded a Upon hearing this cause at a court this day holden, it is adjudged that for costs. And it is ordered, that the defendant do pay the same to the registrar of of this court on or before the 186 day of And the defendant having alleged that the plaintiff's claim had been released to him, it appears to the court that he has failed to prove such release: Wherefore it is ordered, that if the defendant shall make default in the payment of the said sums, the same shall be levied by distress and sale of the goods and chattels which were of the said deceased, and which came to the hands of the defendant as executor [or administrator], if the defendant has so much thereof in his hands to be administered; and if he has not, then that the said sums shall be levied of the proper goods and chattels of the defendant. Rule, 209. Rule, 210. No. 112. Judgment against Executor or Administrator who admits his Representative Character, and denies the Demand. Upon hearing this cause at a court this day holden, it is adjudged that the plaintiff do recover against the defendant the sum of £ and £ for costs. for And it is ordered, that the defendant do pay the same to the registrar of this court on or before the day of 186. And the defendant having admitted his representative character, but denied the plaintiff's demand, and the plaintiff having proved the same, it is further ordered, that if the defendant shall make default in payment of the said sums, the same shall be levied as follows: the sum of £ [the debt or damage and costs] of the goods and chattels which were of the said deceased, and which came to the hands of the defendant as executar [or administrator], if the defendant has so much thereof in his hands to be administered; and if he has not, then that the sum of £ be levied upon the proper goods of the defendant. [the costs] No. 113. Judgment against Executor or Administrator where Upon hearing this cause at a court this day holden, it is adjudged that for costs. day of 186. for And it is ordered, that the defendant do pay the same to the registrar of this court, on or before the And the defendant having admitted his representative character, but denied the plaintiff's demand, and having also alleged a total [or partial] administration of the goods of the said deceased, which came to the hands of the defendant as executor [or administrator] to be administered, it ap pears to the court that the plaintiff has proved to the court his demand, and also that the defendant has proved the administration alleged: Wherefore it is ordered, that in default of such payment the sum of £ being the costs incurred by the plaintiff in proving his demand, shall be levied on the goods and chattels which were of the said deceased, and which came to the hands of the defendant as executor [or administrator], if the defendant has so much thereof in his hands; and if he has not, then that it shall be levied of the proper goods and chattels of the defendant, and as to the sum of £ the plaintiff's demand, that it be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the defendant as executor [or administrator] as aforesaid to be administered. And it is further ordered, that the plaintiff do pay to the registrar of the court, on or before the day of 186, the sum of £ being the costs incurred by the defendant in proving the administration alleged. [N.B.-If the defendant is shown to have some assets, the judgment must be for that amount de bonis testatoris, and for the residue quando acciderint.] No. 114. Judgment against Executor or Administrator where the Defendant admits his Representative Character, but denies the Demand, and alleges total or partial Administration of Assets, and the Plaintiff proves his Demand, and the Defendant does not prove the Administration. Upon hearing this cause at a court this day holden, it is adjudged that Rule, 211. the plaintiff do recover against the defendant the sum of £ for and £ for costs. And it is ordered, that the defendant do pay the same to the registrar of this court on or before the day of 186 And the defendant having admitted his representative character, but denied the plaintiff's demand, and having also alleged a total [or partial] administration of the goods of the said deceased, which came to the hands of the defendant as executor [or administrator] to be administered, it appears to the court that the plaintiff has proved to the court his demand, and also that the defendant has not proved the administration alleged. And it is further ordered, that if the defendant shall make default in payment of the said sum, the same shall be levied as follows: the sum of £ [debt and costs] of the goods and chattels which were of the said deceased, and which came to the defendant as aforesaid, if the defendant has so much thereof in his hands to be administered; and if he has not, then that the residue of the sum of £ [debt] be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the defendant as executor [or administrator] as aforesaid to be administered; and that the sum of £ levied upon the proper goods of the defendant. [the costs] be No. 115. Judgment against an Executor or Administrator who Upon hearing this cause at a court this day holden, it is adjudged that Rule, 212. the plaintiff do recover against the defendant the sum of £ for and it is ordered, that the defendant do pay the same to the registrar of this court on or before the day of 186 . And the defendant having admitted his representative character and also the plaintiff's demand, and having alleged a total [or partial] administration of the goods of the said deceased, which came to the hands of the de fendant as executor [or administrator] to be administered, it appears to the court that the defendant has proved to the court the administration alleged : Wherefore it is ordered, that in default of such payment the said sum of £ shall be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the defendant as executor [or administrator] as aforesaid to be administered. And it is further ordered, that the plaintiff do pay to the registrar of this court, on or before the day of 186, the sum of £ being the costs incurred by the defendant in proving the administration alleged. Rule, 213. No. 116. Judgment against an Executor or Administrator who Upon hearing this cause at a court this day holden, it is adjudged that And it is further ordered, that if the defendant shall make default in payment of the said sum, the same shall be levied as follows: the sum of £ [debt and costs] of the goods and chattels which were of the said deceased, and which came to the defendant as aforesaid, if the defendant has so much thereof in his hands to be administered; and if he has not, then that the residue of the sum of £ [debt] be levied of the goods and chattels of the said deceased, which hereafter shall come to the hands of the defendant as executor [or administrator] as aforesaid to be administered; and that the sum of £ [the costs] be levied upon the proper goods of the defendant. No. 117. Summons to an Executor of Plaintiff's Intention to apply to the Court where Assets have come to Defendant's Hands since Judgment. The plaintiff, having learnt that property of the deceased has come to your (the defendant's) hands as executor [or administrator] since the judgment herein to be administered [and that you have withholden and wasted the same], intends to apply to the court to be holden on the in the day of 186, at the hour of noon, for an order that the debt [or damages] and costs shall be levied of the goods and chattels of the |