How prepared, &c.] Draw up the petition (see Forms, Appendix), and engross it in words at length (except figures), on foolscap paper, bookways; after which take it to the Secretary of the Rolls, and he will thereupon prepare the order, pass and enter it, and file the petition. Pay him 7s. Having obtained the order, a copy thereof should afterwards be made and served upon the solicitor of the opposite party, in such cases where service is necessary.

SECTION 3.

AFFIDAVITS.

An affidavit is a written declaration upon oath, made before some person duly authorised to administer it. All special motions and petitions may be supported or opposed by affidavits, and in various other interlocutory applications the Court will decide the question upon affidavits. They are also used for the purpose of certifying the service of process, orders, and other proceedings in a suit.

How prepared.] The affidavit should set forth the title of the cause at length, and should contain the name, residence, and description of the party making the same. It must be engrossed continuously, or without paragraphs, in words at length, on foolscap paper, bookways. No erasures should be made, and all interlineations or alterations must be marked with the initials of the person before whom the affidavit is sworn.

How sworn.] If the affidavit is made in London, or within ten miles thereof, it may be sworn before one of the Master's in ordinary at the public office; if beyond ten miles, it may be sworn before a Master extraordinary (33d ord. 21 Dec. 1833). The solicitor in the cause, however, cannot act as such Master extraordinary (Re Hogan, 3 Atk. 812).

By the 7th order, 26 Oct. 1842, it is ordered, that affidavits or affirmations whereon to ground process of contempt, affidavit or affirmations, required to be annexed to bills, and oaths or affirmations as to the carriage of pleas, answers, examinations, or depositions of witnesses, taken before commissioners in the country, may be sworn, affirmed, or attested upon honour, before any Clerk of Records and Writs, or before the Clerk of Enrolment in Chancery, as occasion may require, for the better despatch of business.

All affidavits and affirmations to be filed in the Affidavit Office, may be sworn or affirmed before the Clerk of Affidavits, who is to receive the proper and usual fees for taking the same (29th id.).

By the recent act 6 & 7 Vict. cap. 82, reciting that "whereas it would be convenient to extend to Scotland and Ireland the power of the Lord High Chancellor of Great Britain to grant commissions in order to enable persons to take affidavits, affirmations, and declarations," it is enacted (sec. 1), "That the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal, for the time being, shall have such and the same powers for granting commissions for the purpose of enabling fit and proper persons to take and receive affidavits, affirmations, and declarations in Scotland and Ireland, and to perform the other duties of Masters extraordinary of the High Court of Chancery in England, as he and they now have in any part of the kingdom of England." By section 4, it is enacted, "That every such person authorised to act under any such commission as aforesaid, shall be entitled to receive and take such and the same fees, and none other, as Masters extraordinary of the High Court of Chancery in England are now entitled to, by virtue of the orders of that Court, or of any act or acts of Parliament now in force." Under this act, several gentlemen have been already appointed by the Lord Chancellor to act as commissioners for taking affidavits, at Dublin, Cork,

Belfast, Edinburgh, Glasgow, Paisley, and various other places in Scotland and Ireland.

The jurat must be written at the foot of the affidavit, on the right hand side (see Forms, p. 11, Appendix). If sworn in the country, the name of the place where sworn should be stated in the jurat. Pay for the oath 1s. 6d.

If documents are referred to by the affidavit, they must be marked as exhibits by the party taking the affidavit, at the time of its being sworn, for which you pay 2s. 6d. each (See Form, p. 54, Appendix).

How filed.] All affidavits, before they can be read or used in Court, must be filed and registered (Gardiner v. Rowe, 4 Russ. 578). There does not appear to be any rule requiring that the affidavit should be filed any particular time previous to the discussion (Ex parte Leicester, 6 Ves. 432), but it would seem that an affidavit in support of a motion should not be filed previous to the date of the notice of motion. Take the original affidavit as sworn to the Clerk of the Affidavits, at the Affidavit Office, by whom it will be filed. Pay him for filing, 4d., and for registering, 4d. for every 102 words. Affidavits required by the Masters in proceedings before them are filed in the Masters' office.

Office copies.] As soon as the affidavit is filed, office copies may be obtained either by the party filing it or any other party, upon your bespeaking them of the Clerk, the charge for which is 4d. for every 102 words, and 1s. for signing. These office copies must be ready within forty-eight hours after they are bespoken (36th ord. 21 Dec. 1833). When the office copy, however, is required for immediate use, as in applications for injunctions and other urgent matters, the Clerk of the Affidavits, upon your producing to him a true copy of the affidavit, will examine it with you and mark it as an office copy, and which in many cases is of great convenience.

Referring.] Affidavits may be referred either for scandal or impertinence, and if the matter is expunged, it is generally at the cost of the party filing the affidavit. If it is intended to use affidavits made on previous occasions, in support of an application to the Court, notice thereof should be given to the opposite party.

All affidavits previously made and read in Court upon any proceeding in a cause or matter, may be used before the Masters (65th ord. 1828), and where, upon an inquiry before the Master, affidavits are received, there no affidavit in reply shall be read, except as to new matter which may be stated in the affidavits in answer, nor shall any further affidavit be read unless specially required by the Master (66th id.).

Affidavits sworn before a Baron of the Exchequer in Scotland, or a Master in Chancery in Ireland, may be read in this Court (Braham v. Bowes, 1 J. & W. 296); but if taken before a justice of the peace in Scotland, or a consul or other official person abroad, proof of the hand-writing of the person so taking the affidavit and that he held such situation is necessary.

Where an affidavit, instead of commencing with the words "maketh oath and saith," merely began with the word "saith," it was objected to on the ground that it did not contain the word "oath," or any equivalent expression, and was accordingly held to be insufficient (Prentice v. Phillips, 7 Jur. 528).

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CHAPTER IV.

INCIDENTAL PROCEEDINGS.

SECTION 1.

DISMISSION OF A BILL.

By the plaintiff.] The plaintiff is at liberty to dismiss his bill at any time previous to the decree (Curtis v. Lloyd, 4 My. and Cr. 194). After the decree, it can only be dismissed either upon rehearing or appeal (Lashley v. Hogg, 11 Ves. 602). If dismissed before the defendant has appeared, it is without costs (Fidelle v. Evans, 1 Cox, 27). After appearance, however, the order is made upon payment of the defendant's costs.

By the defendant.] If the plaintiff neglects to proceed with his suit within the time limited by the orders of the Court, the defendant, as we have already seen, may move to dismiss the bill for want of prosecution.

After answer.] By the 16th order, 3 April, 1828, it is ordered, "That where the answer of a defendant is to be deemed sufficient, whether it be in term time or in vacation, if the plaintiff or plaintiffs shall not proceed in the cause, the defendant shall be at liberty, after the expiration of two months, to move, upon notice, that the bill be dismissed with costs, for want of prosecution; and the bill shall accordingly be dismissed with costs, unless the plaintiff or plaintiffs shall appear upon such motion, and give an undertaking to file a replication, and serve a subpoena to rejoin; and in case he requires a commission to examine witnesses, shall obtain and serve an order for such commission within three weeks from the date of such undertaking; or unless the plaintiff or plaintiffs, without filing a replication, shall appear upon such motion, and give an undertaking to hear the cause, as against the defendant making the motion, upon bill