4. Affidavit of Sufficiency of Bail to accompany the Notice of Justification. [Same as the form in the case of town bail, as ante, 251, let the jurat be thus:]

The above-named deponents B. B. and T. B. were severally and respectively sworn at

the county of

in

-, A. D.

this day of 1840, before me, C. C., a commissioner, [&c. see ante, 207.

[See 1 Chit. Ar. Pr. 608.]

5. Old Form of Affidavit of Justification (a).

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. and T'. B. of bail in this cause for

B. B. of, the above-named defendant, severally make oath and say, and first this deponent B. B. for himself saith, that he is a housekeeper at No. -— aforesaid, and that he this deponent is worth the sum of £ over and above what will pay all his debts; and this deponent T. B. for himself saith, that he is a housekeeper at No. aforesaid, and that he this deponent is worth the sum of £ over and above what will pay all his debts. The above-named deponents B. B. and T. B. were severally and respectively sworn at ——,

the

day of ——, A. D. 1840, before me,

C. C., a commissioner [&c. see ante, 207.]

6. Affidavit of Acknowledgment before a Commissioner.

In the Q. B. [or " C. P." or " Exch. of Pleas."]

B. B.

T. B.

Between A. B. plaintiff and C. D. defendant. A. A. of maketh oath and saith, that the recognizance of bail or bail-piece hereunto annexed was duly taken and acknowledged by B. B. of --, and T. B. of —, the bail therein named, before C. C. gentleman, the commissioner who took the same in this deponent's presence, this instant (or "last past."]

Sworn at day of

--

day of

in the

county of, the

A. D. 1840, before me,

A.A.

C. C. a commissioner [&c. see ante, 207.] [See 1 Chit. Ar. Pr. 609.]

(a) The old form may be, but is now seldom, used, and had better not be. See 1 Chit. Ar. Pr. 608.

In the Q. B.

7. Notice of Bail in Q. B.

Between A. B. plaintiff and C. D. defendant. Take notice, that the bail-piece in this cause, with the affidavit of the due taking thereof, was this day filed with the Honourable Mr. Justice

at his chambers in Serjeants' Inn, Chancery Lane, London, and the names and additions [&c. same as in the form, ante, 249, No. 11, stating the names and addresses and residences of the bail for the last six months, and whether they are freeholders or householders.]

In the C. P.

[See 1 Chit. Ar. Pr. 610.]

8. The like, in C. P.

Between A. B. plaintiff and C. D. defendant. Take notice, that special bail was on the day of instant put in in this cause for the above-named defendant before C. C., gentleman, a commissioner appointed to take special bails in and for the county of and the names and additions and particulars of and relating to such bail, and their respective residences for the last six months, have been and are as follows, namely, B. B. [&c. state the particulars as ante, 249, No. 11, and conclude thus:] and which said bail have been allowed by the Honourable Mr. Justice --; and the bail-piece, together with the affidavit of the due taking thereof, is filed with Masters of this honourable court. Dated this

esq. one of the day of

A. D,

defendant's attorney [or "agent."]

To Mr. P. A. plaintiff's attorney [or "agent."]

In the Exch. of Pleas.

9. The like, in Exchequer.

Between A. B. plaintiff and C. D. defendant. Take notice, that the bail-piece in this cause was this day allowed conditionally by the Lord Chief Baron, [or "the Honourable Mr. Baron

" and was, together with an affidavit of the due taking thereof annexed thereto, filed with -, esq. one of the Masters of this honourable court; and the names [&c. the notice should state the names and additions of the bail, and the street and number, and their residences for the last six months, and whether they are housekeepers or freeholders, as in the form, ante, 249, No. 11, and conclude thus:] Dated this 1840.

To Mr. P. 4. plaintiff's attorney [or "agent."]

day of Yours, &c.

A. D.

D. A. of, defendant's attorney [or "agent."]

10. Entry of Exception.

I except against these bail, [or, if the exception be as to one of the bail, say, "against B. B. one of these bail."]

11. Notice of Exception.

Same as in the case of town bail, as ante, 252, No: 18.

12. Notice of Justification.

Same as in the case of town bail, as ante, 256, No. 28, 29, except that it states that the bail "will justify themselves by affidavit in open court,"

&c.

13. Affidavit of Service thereof.

Same as in the case of town bail, as ante, 257, No. 31.

14. Affidavit to oppose the Justification. Same as in the case of town bail, as ante, 258, No. 33.

15. Rule of Allowance in Q. B.

Same as in the case of town bail, as ante, 259, No. 36.

In the C. P.

B.

agt

D.

Upon reading the affidavit of A. A., and notice hereunto annexed, and also the affidavit of B. B. and T. B. (the affidavit of justification), and on hearing counsel for the defendant, it is ordered, that the said B. B. and 7. B. do stand and be allowed as good and sufficient bail for the said defendant in this action. On the motion of Mr. for the defendant. Entered.

17. The like, in Exchequer.

See the form, ante, 260, No. 39.

By the Court.

XI. BAIL WHEN THE DEFENDANT IS IN CUSTODY.

In the Q. B.

1. Bail-piece in Q. B.

Bail for £, by order of

to hold to bail). D. A. attorney.

On the

day of - A.D. 1840. (name of judge who made the order

(the county in the writ) to wit: C. D., now a prisoner in the prison of the marshal of the Marshalsea, is delivered to bail to

At the suit of A. B.

B. B. of

T. B. of

and

2. Note in writing for the Master in C. P.

[Same as the form, ante, 248, No. 7, except that after the defendant's name in the margin, add the words, "a prisoner in the Queen's Bench prison," or a prisoner in the Fleet," or "a prisoner in the custody of the sheriff of.”]

3. Master's Entry and Bail-piece in C.P.

[Same as the form, ante, 248, No. 8, except that after the name and addition of the defendant, " C. D., late of," add the words, "but now a prisoner in the prison of the marshal of the Marshalsea, at the suit of," &c. or "but now a prisoner in the Fleet, at the suit of," &c. or "but now a prisoner in custody of the sheriff of at the suit of," &c.]

4. Notice of Bail having been put in, and of justifying them in Q. B.

In the Q. B. [or "C. P."]

or C. P.

Between A. B. plaintiff and C. D. defendant. Take notice, that special bail was this day put in in this cause for the defendant, who is now a prisoner in the prison of the marshal of the Marshalsea [or "in the prison of the Fleet," or "in the custody of the sheriff of -"], at the suit of the above-named plaintiff, before the Honourable Mr. Justice at his chambers in Rolls' Garden, London, and the names, additions, descriptions, and residences of such bail, for the last six months, have been and are as follows, namely, B. B. of No. and who is a housekeeper there, and T. B. of No. and who is a housekeeper there, and also a freeholder of a messuage and farm in the parish of county of ——, and now in the possession of T. T., as his tenant, and, &c. [state the residences of each of the bail for the last six months, as ante, 249, No. 11]: and further take notice, that the said bail will on next justify themselves in open court at Westminster Hall, in the county of Middlesex, [or, if at chambers, say, "at the chambers of the Honourin Rolls' Garden aforesaid,"] as good and suffi

able Mr. Justice

street, street,

cient bail in this cause for the said defendant.

-, 1840.

To Mr. P. A.

Plaintiff's attorney, [or "agent."]

[See 1 Chit. Ar. Pr. 612.]

Dated this
Yours, &c.

in the

day of

D. A. of Defendant's attorney, [or "agent."]

5. The like, in Exchequer, of putting in and justifying at the same time. In the Exch. of Pleas.

Between A. B. plaintiff and C. D. defendant. Take notice, that special bail will be put in in this cause for the defendant, who is now a prisoner in the prison of the Fleet [or "in the prison of the marshal of the Marshalsea," or "in the custody of the sheriff of ——"], at the suit of the above-named plaintiff, on open court at Westminster Hall, [or "before the Honourable Mr. Baron

next, in

-, at his chambers," &c. as in preceding form,] and the names, additions, descriptions, and residences of such bail for the last, &c. [conclude as in the preceding form.]

N

6. Affidavit of Service of such Notice.

[Same as the form, ante, 257, No. 31.]

7. Rule of Allowance, and Discharge in Term Time.

"

[Same form as the forms of rules for allowance in Q. B. and C. P., ante, 259, 260, 261, to the end, except that immediately before the words “on motion of Mr. insert these words, " and that the said defendant be discharged out of the custody of the marshal of the Marshalsea," [or "the warden of the Fleet," or "the sheriff's of London," or "the sheriff of Middlesex,"] as to this action. [If the defendant be in any other custody, then after the words, "as to this action," add, " by writ of supersedeas." The form in the Exchequer is nearly similar.]

C. D. a prisoner,

ats.

8. Judge's Fiat for such Rule, in Vacation.

66

Upon hearing the attornies or agents on both sides, and special bail having been put in and justified, I do order that a rule be drawn up for the allowance of the same, and for A. B. the discharge of the defendant out of the custody of the marshal of the Marshalsea, [or "the warden of the Fleet," or the sheriffs of London," or "the sheriff of Middlesex,"] as to this action, [or, if the defendant be in any other custody, say, "out of the custody of the sheriff of - as to this action, by writ of supersedeas."] day of

Dated the

C. D.

1840.

[See 1 Chit. Ar. Pr. 613.]

[Judge's signature.]

9. Rule thereon in Q. B. or Exchequer.

Upon reading the order of the Honourable Mr. Justice dated the · day of ——, A.D. —

a prisoner, [or " Baron"]

ats. A. B.

and it thereby appearing that the defendant hath put in and perfected bail in this action; and upon reading the affidavit of C. C. and the notice thereunto annexed; it is ordered that the said bail be allowed and the bail-piece filed, and that the said defendant be discharged out of the custody of the marshal of the Marshalsea, [&c. as in the preceding form.] By the Court.

C. D. a prisoner,

ats.

10. The like, in C. P.

Upon reading the order of the Honourable Mr. Justice
dated the day of
A.D. —, and it thereby

appearing that the defendant hath put in and perfected bail A. B. in this action; and upon reading the affidavit of C. C. and the notice thereunto annexed; it is ordered, that B. B. and T. B. do stand and be allowed as good and sufficient bail for the said defendant in this action, and that the said defendant be discharged out of the custody of the warden of the Fleet, [&c. conclude as in the last form but one.]

By the Court.