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SECTION 3.

Conclusion of an Answer.

And this defendant denies [or, "these defendants deny"] all and all manner of unlawful combination and confederacy in the said complainant's bill charged against him [or them"]: Without this, that any other matter, cause, or thing in the complainant's said bill of complaint contained, material or effectual in the law for this defendant [or "these defendants"] to make answer unto, and not herein and hereby well and sufficiently answered, avoided, traversed, and denied, is true to the knowledge or belief of this defendant [or "these defendants"]; all which matters and things this defendant [or "these defendants"] is [or "are"] ready and willing to aver, maintain and prove, as this Honorable Court shall direct; and humbly prays [or "pray"] to be hence dismissed with his [or "her" or " their"] reasonable costs and charges in the law in this behalf most wrongfully sustained.

F. C. [Counsel's Signature.] (Vide p. 14.)

SECTION 4.

Notice to Plaintiff's Commissioner of Time of taking Answer, to be signed by Two of Defendant's Commissioners.

We whose names are hereunto subscribed, having received a commission, issuing out of and under the seal of the High Court of Chancery, to us and others directed to take the answer of C. D., defendant, to the bill of complaint of A. B., complainant, in a cause now depending in the said Court, we do hereby give you notice that we intend to execute the said commission on day of

instant, at

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may be present if you please, to join in executing the same. Given under our hands this

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To Mr. N. N., the

day of

L. L.
M. M.

(Vide p. 16.)

plaintiff's Commissioner

SECTION 5.

CAPTIONS OF ANSWERS.

1. Caption by Commissioners in an ordinary Case. This answer [or "plea," or "plea and answer"] was taken, and the above-named C. D., the defendant, was duly sworn to the truth thereof upon the Holy Evangelists [and if there be a demurrer to any part of the bill, insert here" and the demurrer of the said defendant was taken without oath,"] at the house of situate in the parish of

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in the county of

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on the

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Return to be indorsed on Dedimus, and signed by

Commissioners.

The execution of this commission appears by a certain schedule [or if the answer occupy more than one skin, “certain schedules"] hereunto annexed.

L. L.

M. M.

2. Caption of the Answer of a person unable to write his Name.

This answer was taken, and the above-named

C. D., the defendant, was duly sworn to the truth thereof upon the Holy Evangelists, at the house of situate in the parish of

,

the county of

,

,

on the

day of

,

in

,

in the year of our Lord one thousand eight hundred and forty by virtue of the commission hereunto annexed; the same answer having been first read over to the said defendant, who appeared perfectly to understand the same, and made his [or her"] mark thereto in our presence.

66

L. L.

M. M.

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Commissioners.

3. Caption of the Answer of a Peer or Peeress.

This answer was taken upon the protestation of honour of the above-named defendant, the Earl of L., at the house of, &c. [concluding as in No. I.]

4. Caption of the Answer of a Quaker.

This answer was taken upon the solemn affirmation of the above-named C. D., the defendant, at the house of, &c. [concluding as in No. 1.]

5. Caption of the Answer of a Corporation.

This answer was taken under the common seal of the [insert the name of the corporation as it appears in the answer] at on the [conclude as in No. 1.]

day of

,

&c.

The officer who affixes the seal usually signs a short attestation of the fact of sealing near the seal.

6. Caption of the Answer of an Infant by his Guardian, where the Guardian appointed under same Commission.

(See post, section 13 of this Appendix.)

7. Caption of the Answer of a Lunatic, Idiot, or Person of unsound Mind, by his Guardian, where the Guardian appointed under the same Commission.

(See post, section 14 of this Appendix.)

8. Caption of the Answer of an Infant by his Guardian, where Guardian not appointed under same Commission.

This answer was taken, and the above-named X. Y., as guardian already assigned to the said C. D., the infant, was duly sworn to the truth thereof upon the Holy Evangelists, at the house of

the parish of day of

the

and

,

,

in the county of

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one thousand eight hundred

by virtue of the commission hereunto annexed, before us,

E. F.

G. H.

9. Caption of the Answer of a Lunatic, Idiot, or Person of unsound Mind, by his Guardian, where Guardian not appointed under same Commission.

Same as No. 8, except that instead of the words "the infant," use these words "who is of unsound mind."

10. Attestation of Signature to Answer taken without Oath.

the

Signed by the above-named defendant, C. D., in presence of

W. F. Solicitor, Worcester.

N. B. The residence and profession or occupation of the witness must always appear. The defendant's solicitor usually attests the signature.

(Vide p. 17.)

SECTION 6.

Notice of executing Commission for Examination of Witnesses, to be signed by the acting Commissioner. I, the undersigned A. C., having received a commission, issuing out of and under the seal of the High Court of Chancery, to me and one W. F. directed, for the examination of witnesses, in a cer

tain cause there depending between A. B. plaintiff and C. D. defendant: This is to give you notice, that I intend to execute the said commission, at the commonly called or known by

house of
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county of

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To C. D., the above-named defendant,

or,

To A. B., the above-named plaintiff.

(Vide p. 27.)

SECTION 7.

The Heading and formal Parts of Interrogatories for the Examination of Witnesses.

In Chancery.

Interrogatories to be administered to witnesses, to be produced, sworn, and examined in a certain cause now depending and at issue in this Honorable Court, wherein A. B. is complainant, and C. D. is defendant, on the part of the said complainant.

[In

First interrogatory. Do you know, &c. counsel's draft, each interrogatory concludes with the words, "declare, &c.," but which, in the ingrossment, must be extended thus:] Declare the truth of the several matters by this interrogatory inquired after, according to the best of your knowledge, remembrance, and belief.

Second interrogatory. Are you, or are you not, &c. Declare, &c.

Last interrogatory. Do you know, or can you set forth any other matter or thing which may be of benefit or advantage to the parties at issue in this cause, or either of them, or that may be material to

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