to make thereto : But in regard that your petitioner is an infant under the age of twenty-one years, to wit, of the age of 66 years: Your petitioner therefore humbly prays your lordship [or in Exch. 'your honours"] that you would assign to him G. G. of tailor, as his guardian, to defend the said suit. And your petitioner will ever pray. [See 2 Chit. Ar. Pr. 893.] 9. Consent of Guardian thereto; C. D. I do hereby consent and agree that the above-named C. D. shall be at liberty to defend this action by me as his guardian, according to the prayer of the above petition. Witness my hand this 1840. Witness W. W. day of 10. Affidavit of Signature to such Petition and Consent. [Same as ante, 526, No. 4.] 11. Judge's Order for a Rule thereon. [Same as ante, 526, No. 5, mutatis mutandis.] G. G. 12. Rule of Court thereon. On the day of A. D. A. B. V. C. D. It is ordered by the court that G. G. be admitted to defend for C. D., who is under the age of twenty-one years, at the suit of A. B., a certain action upon promises [as the action may be] in the court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas"], as the guardian of the said C. D. during his minority. By the Court. 13. General Admission to prosecute and defend, &c. N. F. of is admitted to prosecute and defend for A. B., who is under the age of twenty-one years, all and all manner of actions, suits, and controversies whatsoever, in the court of Queen's Bench [or "Common Pleas," or "Exch. of Pleas"], as the next friend and guardian of the said A. B. during his minority. Admitted the day of [See 2 Chit. Ar. Pr. 889, 892.] 14. Declaration by an Infant. In the Q. B. [or “C. P.” or “ Exch. of Pleas."] On 1840. [Judge's signature.] (to wit.) A. B. by N. F., who is admitted by the court of our lady the queen before the queen herself [or in C. P. "by the justices," or in Exch. "by the barons"] here, as the next friend of the said A. B., who is an infant under the age of twenty-one years, to prosecute for the said 1. B. in this behalf, complains [&c. proceed as in ordinary cases; see the forms, ante, 25, &c.] 15. Plea by Infunt. [See the form, ante, 41, No. 19.] 16. Security for Costs. [See forms as to, in ejectment, ante, 376.] 17. The other forms of proceedings are the same as in ordinary cases. [See 2 Chit. Ar. Pr. 893, 894.] CHAPTER VIII. ACTIONS BY AND AGAINST BARON AND FEME. Affidavits to hold to Bail, ante, 18. Writ of Error, ante, 143. Scire Facias, ante, 493. The other proceedings are the same as in ordinary cases. [See 2 Chit. Ar. Pr. 895, 896.] CHAPTER IX. ACTIONS BY AND AGAINST THE ASSIGNEES OF A BANKRUPT. 1. Affidavit to hold to bail by Assignees. [See the form, ante, 18. See 1 Chit. Ar. Pr. 487; 2 id. 900.] 2. Process. [The same as in ordinary cases, but describe the plaintiffs, when suing as assignees, thus:] "A. B. and C. D. assignees of the estate and effects of B.B. a bankrupt, according to the statutes in force concerning bankrupts." [See 2 Chit. Ar. Pr. 900; 1 id. 513.] 3. Declaration by Assignees. In the Q. B. [or "C. P." or " Exch. of Pleas."] On the day of A. D. (to wit.) A. B. and C. D. assignees of the estate and effects of B.B. a bankrupt, according to the statutes in force concerning bankrupts, by P.A. their attorney, complain of C. D. [&c. the rest of the commencement of the declaration is as usual.] See ante, 25, 26. 4. Notice of Defendant's intention to dispute Petitioning Creditor's Debt, &c. on stat 6 Geo. 4, c. 16, s. 90. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. and E. F. suing as assignees of B.B. (an alleged bankrupt,) against C. D. You are hereby required, according to the form of the statute in such case made and provided, to take notice that the defendant in the above cause intends, at the trial thereof, to resist and dispute the validity of the fiat of bankruptcy issued against the said B. B. in the pleadings in this cause mentioned, and also the trading and act of bankruptcy on which the said fiat is supposed to be founded, and the petitioning creditor's supposed debt, in respect whereof the said fiat hath been issued (a); as well as the right and title of the plaintiffs to support this action, as assignees under that fiat, against the present defendant: And I do hereby give you notice, that you will be and are hereby required to prove, on the trial of the said cause, and that the said defendant will then insist upon your proving the trading of the said B. B., the act of bankruptcy upon which the said fiat is supposed to be founded, the time when and place where it was committed, and the petitioning creditor's debt. And further, that you do produce upon the said trial the said fiat, and all examinations, (a) The notice should be confined to the fact which the defendant intends to dis pute A A depositions, and proceedings whatsoever had or taken under the same. day of ―, 1840. Dated the To A. B. and E. F. the above named plaintiffs, and Mr. P. A. their attorney, [or "agent."] Your's &c. D. A. Defendant's attorney [or "agent."] [See 2 Chit. Ar. Pr. 901.] 5. Scire facias by Assignees, to make themselves Parties to a Judgment obtained by the Bankrupt. [See the form, ante, 495.] 6. Notice of Plaintiff's intention to dispute Bankruptcy, &c. In the Q. B. [or “C. P.” or “ Exch. of Pleas.”] A. B. plaintiff, C. D. defendant. Take notice, that the above-named plaintiff intends, on the trial of this cause, to dispute the petitioning creditor's debt, and the trading and act of bankruptcy of B. B. under the fiat of bankruptcy mentioned in the pleadings in this cause [or if they are not mentioned in the pleadings, "under a certain fiat of bankruptcy lately issued against the said B. B., and under which fiat the above named defendants have been chosen assignees."] Dated the day of, 1840. Your's &c. P.A. Plaintiff's attorney [or "agent."] To G. D. and G. H. the above- [See 2 Chit. Ar. Pr. 903.] CHAPTER X. ACTIONS BY AND AGAINST IDIOTS AND LUNATICS. [See 2 Chit. Ar. Pr. 909.] CHAPTER XI. ACTIONS AGAINST MAGISTRATES, CONSTABLES, OFFICERS OF EXCISE, OR CUSTOMS. 1. Notice of Action to a Justice by the Attorney of the Party injured (a). To C. D. esquire, one of her majesty's justices of the peace in and for the county of Sir, I do hereby, as the attorney [or "agent"] of and for Abel Brown of according to the form of the statute in such case made and provided, give you notice, that the said A. B. will, at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of summons to be sued out of her majesty's court of Queen's Bench [or "C. P.” or “Exch. of Pleas”] against you, at the suit of him the said A. B. and proceed thereupon according to law; for that you the said C. D. on [&c. here state the facts fully and explicitly, and you may do so as in a declaration], and other wrongs to the said A. B. did, to his great damage of £, and against the peace of our lady the now queen. Dated the day of Your's &c. [Indorse it thus:] John Smith of Sir, 1840. -, attorney [or "agent"] for the said Abel Brown. -, attorney for the within-named Abel Brown. 2. The like, by the Party himself. To C. D. esquire, one of her majesty's justices of the peace in and for the county of I, Abel Brown, of —, do hereby, according to the form of the statute in such case made and provided, give you notice that I shall, by my attorney, Mr. P. A. of – at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of summons to be sued out of her majesty's court of Queen's Bench [or "C. P." or "Exch. of Pleas"] against you at my suit, and proceed thereupon according to law; for that you the said C. D. on [&c. state the facts fully and explicitly, and you may do so as in a declaration], and other wrongs to me the said A. B. did, to my great damage of £against the peace of our lady the now queen. Dated the 1840. [Indorse it thus:] Your's &c. Abel Brown of John Smith, attorney for the within-named Abel Brown. and day of (a) See various other forms, Tidd's Forms, 1, &c.; and see 2 Chit. Ar. Pr. 910. |