No. 48. Affidavit under 30 & 31 Vict. c. 142, s. 24. dated the day of holden at In the county court of In the matter of "The County Courts Act, 1867," and of [add the title of the particular trust, as "the trusts of a certain indenture of mortgage, and made between A. B. and C. D."] 1, C. D. of [address and description], make oath and say, as follows:1. State place for service as-My house being is the place where I am to be served with any notice or application relating to the trust fund hereinafter mentioned. 2. State the amount of money or stock proposed to be paid, or transferred, or security deposited in trust to attend the orders of the court, as under the provisions of the said act, I desire to pay into the post office savings bank the sum of hereinafter mentioned. day of 3. Set out a short description of the trust and of the instrument creating it, as By the indenture before mentioned a certain messuage situate at with the appurtenances, was mortgaged by the said A. B. to me, my heirs and assigns, for securing to me the repayment on the 186, of the sum of £ with interest for the same at the rate of £ per cent. per annum, and the said indenture contained a power of sale in case of default in payment, and it was by the said indenture declared that the moneys to arise from any such sale should, after retaining thereout the expenses of executing the said power, and the said principal money and interest, be paid to the said A. B., his heirs or assigns. The said A. B. died on or about the dated the day of day of and by his will, Ord. xi. Rule 6. , appointed E. F. of*, executor thereof, and ⚫ Here insert devised the said hereditaments, subject to the said mortgage, unto G. H. present address of and J. K. of * in trust for the said E. F., for his life, and after his death and descripupon certain trusts for sale, and for the division of the proceeds amongst tion. the following persons, namely, the testator's son M. N. of, and his children If the address or child, and the testator's daughter O., the wife of P. Q. of*, and her children or child. The said E. F. proved the said will in [state in what court], and is still living. The said G. H. never acted in the trusts of the said will, &c. day of On or about the the costs of sale, and the sum of , being the total amount of principal moneys and interest due upon the said mortgage, and the sum of £ fund into court, a balance of £ being the costs of paying the now remains in my hands, and the sum of £ , which I desire to pay into the post office savings bank, in trust to attend the orders of this court, is the said balance of £ 4. State the names of the persons interested in, or entitled to, the fund, to the best of the trustee's knowledge or belief, as To the best of my knowledge and belief, the said G. H. and J. K., as such trustees as aforesaid, and the said E. F., M. N. and his children or child (stating, if known, their names), and O. P. and her children or child (stating, if known, their names), are the only persons interested in the said fund. 5. Add submission to answer inquiries, as I submit to answer all such inquiries relating to the application of the said fund of £ as the court may think proper to make or direct. Sworn at, &c. of any person interested be unknown to the trustee, this fact must be set forth in the affidavit. 30 & 31 Vict. c. 142, s. 24. Ord. xi. Rules, 10, 15. (Seal.) No. 49. Certificate in case of Money. In the county court of holden at In the matter of "The County Courts Act, 1867." I hereby certify, that [state name, address, and description of party making the application] has this day filed with me, the registrar of this court, an affidavit entitled as above mentioned, with reference to a trust fund or sum of therein mentioned, which sum, as therein stated, he desires to pay into my name as such registrar as aforesaid into a post office savings bank, as provided by the above act. Dated this day of Registrar of the court. 30 & 31 Vict. c. 142, s. 24. Ord. xi. Rules, 11, 15. (Seal.) No. 50. Certificate in case of Transfer of Stock. holden at In the matter of "The County Courts Act, 1867." I hereby certify, that [state name, address, and description of party making application] has this day filed with me, the registrar of this court, an affidavit entitled as above mentioned, with reference to a trust fund of £ Bank £3 per Cent. Consolidated Annuities in the books of the governor and company of the Bank of England, which, as therein stated, he desires to transfer into the names of the treasurer and of the registrar of this court [or the superintendent, &c.], as provided by the above act. Dated this day of 186. I hereby acknowledge that [state the name, address, and description of the party giving to the registrar the receipt of the post office savings bank, in the case of money, or the transfer ticket in the case of stock,] has this day delivered to me, the registrar of the court, a receipt dated [name of officer of the post office savings bank], for the sum of £ stating that [state receipt] [or, a transfer ticket of the governor and company of the Bank of England], stating that [state as in ticket]. Registrar of the court. I hereby certify that [state the name, address, and description of the party depositing with the registrar the security], has this day deposited with me, the registrar of this court, in the name of myself and the treasurer [here state the nature of the security deposited]. Registrar of the court. No. 53. Notice of Payment into Post Office Savings Bank or of 30 & 31 Vict. Transfer of Stock or Deposit of Security. holden at c. 142, s. 24. In the matter of "The County Courts Act, 1867," In the county court of (Seal.) In the matter of this Take notice, that on the and day of [state name, address, and description of party who has paid in the money] under the said act paid into the of in trust to attend the orders of this court, or deposited with me in the names And further, take notice, that any person interested in or entitled to the said fund may apply to this court respecting the investment, payment out, or distribution of the fund, or of the income thereof, according to the practice of the court. Take notice, that on the and day of [state name, address, and description of party who has deposited the security], under the said act deposited with the registrar of this court, in the names of yourself and myself, in trust to attend the orders of this court (here describe security). To E. F., treasurer, (or as the case may be). Registrar of the court. 30 & 31 Vict c. 142, s. 24. Ord. xi. Rule, 13. No. 55. Letter to Commissioners of Treasury as to drawing (Seal.) out Money. County court office, I have the honour to request that an authority may be addressed to the postmaster-general to allow me to draw out of the post office savings 30 & 31 Vict. c. 142, s. 26. Ord. xvii. Rules, 4, 5. bank the sum of £ [here insert the sum desired to be drawn out, adding, where the sum is not to pay interest], being the sum I am directed to draw out by order of court dated the day of 186 Your obedient servant, I approve of these rules, orders, and forms to come into force in all county courts on the 1st day of January, 1868. CHELMSFORD, C. SUMMARY PROCEDURE ON BILLS OF EXCHANGE. 18 & 19 VICT. CAP. 67. An Act to facilitate the Remedies on Bills of Exchange and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon. [23rd July, 1855.] WHEREAS bonâ fide holders of dishonoured bills of exchange and promissory notes are often unjustly delayed and put to unnecessary expense in recovering the amount thereof by reason of frivolous or fictitious defences to actions thereon, and it is expedient that greater facilities than now exist should be given for the recovery of money due on such bills and notes: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by authority of the same, as follows: I. From and after the twenty-fourth day of October one thousand eight hundred and fifty-five, all actions upon bills of exchange or promissory notes commenced within six months after the same shall have become due and payable may be by writ of summons in the special form contained in schedule (A) to this act annexed, and indorsed as therein mentioned; and it shall be lawful for the plaintiff, on filing an affidavit of personal service of such writ within the jurisdiction of the court, or an order for leave to proceed, as provided by the Common Law Procedure Act, 1852, and a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof, at once to sign final judgment in the form contained in schedule (B) to this act annexed (on which judgment no proceeding in error shall lie) for any sum not exceeding the sum indorsed on the writ, together with interest, at the rate specified (if any), to the date of the judgment, and a sum for costs to be fixed by the masters of the superior courts or any three of them, subject to the approval of the judges thereof or any eight of them (of whom the lord chief justices and the lord chief baron shall be three), unless the plaintiff claim more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith. SUMMARY PROCEDURE ON BILLS OF EXCHANGE ACT, 1855. From Oct. 24, plaintiff, on filing as form in sche dule (B). II. A judge of any of the said courts shall, upon application within the Defendant showperiod of twelve days from such service, give leave to appear to such writ, ing a defence and to defend the action, on the defendant paying into court the sum upon the merits indorsed on the writ, or upon affidavits satisfactory to the judge, which to have leave to disclose a legal or equitable defence, or such facts as would make it incum-Rules, 189, 190, bent on the holder to prove consideration, or such other facts as the judge ante. may deem sufficient to support the application, and on such terms as to security or otherwise as to the judge may seem fit. appear. |