26. The like, by Defendant to defend, &c. (a) Between A. B. Plaintiff, and C. D. Defendant. I C. D. of, the above-named defendant, do hereby retain and employ Mr. A. A. as my attorney to defend the above action (or as the case may be.) Dated this day of Witness W. W. B. V. D. 1839. 27. Summons to change Attorney. C. D. Let Mr. P. A. the (plaintiff's) attorney, or his agent, attend me at my chambers in Rolls Garden, to morrow at o'clock, to show cause why Mr. C. A. should not be appointed attorney for the [plaintiff] in this cause, in his stead. Dated the day of- 1839. [Judge's signature.] 28. Order thereon. I order that Mr. C. A. be appointed attorney for the [plaintiff] in this cause, in the stead of Mr. P. A. [Terms, such as the payment of the former attorney's bill, may be imposed.] Dated the 1839. 29. Affidavit by Attorney to have himself struck off the Roll. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. A. of -, gentleman, one of the attornies of this honourable court, maketh oath and saith, that he was duly admitted an attorney of this honourable court in term, 18-; and that he is now desirous to have his name struck off the rolls of attornies of this court, [for the purpose of his being called to the bar by the honourable society of (or as the case may be :)] And this deponent further saith, that no application or other proceeding is now pending against him as such attorney in this honourable court or elsewhere, nor doth he expect or apprehend that any application will be made, had, or commenced against him, as such attorney as aforesaid. Sworn [&c. (b).] In the matter of 30. Rule of Court thereon. term, Vict. A. A. Upon reading the affidavit of A. A. it is ordered A. A. one, &c. S that the said A. A. of be struck off the roll of attornies of this court, at his own request, upon payment of all such fees as are due to the masters or any of their clerks. Upon the motion of Mr. By the Court. [See 1 Chit. Ar. Pr. 55.] (a) See note (d) preceding page. (b) See Index, title "Jurat." 31. Summons to obtain Judge's Order for Delivery of Bill of Costs (a). B. V. Let Mr. A A. the [late] attorney of [the plaintiff or A. B.] or his agent, attend me at my chambers in Rolls Garden on D. next, at of the clock in the forenoon [or " afternoon"] to show cause why, &c. [here set forth the object of the summons, which may correspond with the following order.] Dated the day of, 1839. [Judge's signature.] [See 1 Chit. Ar. Pr. 75.] 32. Order thereon. B. 7 this and all other causes and matters wherein he has been concerned for the [plaintiff.] Dated the B. V. day of 1839. [Judge's signature.] [See 1 Chit. Ar. Pr. 76.] 33. Summons to obtain Judge's Order for Taxation of Bill of Costs. Let the plaintiff or his agent attend me at my chambers in Rolls Garden, on next, at - of the clock in the noon, to D. show cause why his bill of charges, fees and disbursements delivered to the defendant, for the recovery whereof this action is brought, should not be referred to one of the masters to be taxed, and why the said plaintiff should not upon the taxation give credit for all sums of money by him received from or on account of the said defendant; and why upon payment of what (if any thing) may appear due thereon, together with the costs of this action, likewise to be taxed and paid, all further proceedings should not be stayed. Dated the 1839. day of [See 1 Chit. Ar. Pr. 79.] [Judge's signature.] B. V. 34. Order for same, where the Bill has been already delivered. I order that Mr. A. A.'s bill of charges, fees, and disbursements in this and other causes and matters delivered to the [plaintiff] be D. referred to one of the masters to be taxed; the [plaintiff] having undertaken to pay what shall appear due on such taxation: And I further order, that the said Mr. A. A. shall give credit for all sums of money (if any) by him received from or on account of the said [plaintiff'], and refund what (if any thing) he hath been overpaid; and that upon payment of what (if any thing) shall appear due, or refunding by the said Mr. A. A., as the case may be, the said Mr. A. A. do deliver up all deeds, books, papers, and writings, in his possession, custody or power, belonging to the plaintiff. Dated the day of 1839. [Judge's signature.] (a) This order may, according to Clarkson v. Parker, 7 Dowl. 87, be made, though the bill be not taxable. 35. Undertaking to pay Attorney's Bill on Taxation. In the Q. B. [or "C. P." or "Exch. of Pleas."] B. V. D. I the undersigned A. B. do hereby undertake and agree to pay A. A. of -, gentleman, my [late] attorney all such sums of money as shall happen or appear to be due and owing to him, on the taxation of his bill of costs, delivered to me on or about the of, 18-, amounting to the sum of £. Dated the day day of tioned and referred to in and by the affidavit hereunto annexed. 1839. This is the undertaking men 37. Affidavit of Signature of same. In the Q. B. [or "C. P." or "Exch. of Pleas."] B. W. W. of , gentleman, maketh oath and saith, that he was V. present and did see the above-named plaintiff A. B., in the annexed that the name A. B. thereto set and subscribed is of the proper handwriting of the said A. B. Sworn [&c. (a).] 38. Writ of Privilege for an Attorney. W.W. [See a form of writ to discharge an attorney from office of collector of taxes, Tidd's Forms, 15. See a form of writ of privilege for an officer of the Exchequer, Exp. Thompson, 2 M. & W. 647.] (a) See Index, title "Jurat." BOOK I. PART I. MAIN PROCEEDINGS IN THE ACTION. CHAPTER I. PROCEEDINGS TO COMPEL APPEARANCE BY WRIT OF SUMMONS WHERE DEFENDANT CAN BE SERVED WITH IT. 1. Præcipe for the Writ of Summons. in an Middlesex [the county &c. in which the writ is to be issued:] Writ of summons for A. B. against C. D. of in the county of action on promises, [or" of debt," as the form of action is.] 1839. P. A. attorney, [or if in person" A. B. in person,”] 2. The Writ of Summons. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to C. D. (a) of —, in the county of (b), greeting: We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our Court of Queen's Bench [or "C. P." or "Exch. of Pleas,"] (c) in an action on promises, [or " of debt" &c. as the case may be,] (d) at the suit of A. B. (e) And take notice, that, in default of your so doing, the said A. B. may cause an appearance to be entered for you, and proceed therein to judgment and execution. Witness, (name of the chief justice, or in the Exchequer, the name of the chief baron,) at Westminster, the (day of (a) As to the statement of the defendant's name, see 1 Chit. Ar. Pr. 103, 104; and as to describing all the defendants, see ib. 106. (b) As to the description of defendant's residence, see 1 Chit. Ar. Pr. 105. (c) As to the necessity of stating the court correctly, see Mayhew v. day of Hoadley, 6 Dowl. 629. (d) As to the statement of the form of action, see 1 Chit. Ar. Pr. 106. (e) As to the statement of the plaintiff's name, and the describing him in a representative character when suing thereon, see 1 Chit. Ar. Pr. 105, 106. issuing the writ) in the Lord -"] (a). year of our reign [or " in the year of our N. B. This writ is to be served within four calendar months from the date thereof, including the day of such date, and not afterwards (b). The following indorsements must be made on the writ (c):] "This writ was issued by P. A. (plaintiff's attorney's name in full) of - (place of his abode in full; also if sued out as agent for an attorney in the country, here say as agent for A. A. of -) attorney for the said A. A." [Ör if sued out by the plaintiff in person, "This writ was issued in person by the plaintiff within named, who resides at," mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such there be.] If the action be for a debt, you must also make the following indorsement:]-"The plaintiff claims £- for debt and £- for costs, and if the amount thereof be paid to the plaintiff or his attorney within four days from the service hereof, further proceedings will be stayed" (c). After the service fill up the following indorsement :]—" This writ was served by me X. Y. on C. D. on the day of 1839." 3. Præcipe for Alias or Pluries Summons. [The præcipe for an alias or pluries summons is the same as for a writ of summons, as ante, 15, except that you state it to be for an "alias writ of summons," or " pluries writ of summons," as the case may be.] 4. Alias or Pluries Summons into the same County as the first Writ (d). Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to C. D. of —, in the county of -, greeting: We command you, as before [or if a pluries, “as often"] we have commanded you, that [&c. proceed as in a writ of summons, as ante, 15.] 5. Alias or Pluries Summons into a different County (e). Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to C. D. of in the county of —, late of -, in the county of, [the original county] greeting: We command you as before [or if a pluries, " as often,"] we have commanded you, that [&c. proceed as in the writ of summons, as ante, 15.] 6. Affidavit of Service of Writ of Summons. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. C. C. clerk to P. A. of - -, gentleman, attorney for the above-named plaintiff, maketh oath and saith, that he did on the day ofinstant [or "last"] personally serve Mr. C. D., the above-named defend (a) As to the date and teste, see 1 Chit. Ar. Pr. 108. (b) As to this memorandum, see 1 Chit. Ar. Pr. 103. (c) See as to these indorsements, 1 Chit. Ar. Pr. 109. (d) See 1 Chit. Ar. Pr. 117. The 2 Will. 4, c. 39, sched., prescribes this form. (e) See 1 Chit. Prac. 117. The rule M. T. 3 Will. 4, prescribes this form. |