be altogether deprived of his former, without the substitution of some other, protection. If I were to hold that the petition might be heard in hoc statu, I should hold that there was not any substituted protection. I apprehend, therefore, that there should be some profes sional sanction to this petition, more especially as the petitioner, at the time of the decree, and since in the Registrar's office, in the Master's office, and in the Court, has had the assistance of solicitors, who do not appear to have been changed by him or discharged by the Court. I think, therefore, under all the circumstances, that I ought not to hear this petition in hoc statu" (Perry v. Walker, 8 Jur. 53).

APPENDIX.

FORMS.

1. PETITIONS.

IN CHANCERY.

Between A. B. and others, plaintiffs,

and

C. D. and another, defendants. To the Right Honorable The Lord High Chancellor of Great Britain (or "To the Right Honorable the Master of the Rolls," as the case may be.)

The humble petition of the above named plaintiff A. B. (or "defendant C. D").

Sheweth,

1. To amend Bill, before Answer.

That your petitioner hath filed his bill in this honorable Court, to which the said defendants have not as yet appeared (or "to which the said defendants have appeared, but have not as yet put in any answer thereto").

bill.

That

your petitioner is advised to amend his said

Your petitioner, therefore, humbly prays that he may be at liberty to amend his said bill,

as he shall be advised, without payment of costs [if the defendants have taken an office copy of the bill, add "upon your petitioner amending the defendants' office copies thereof."]

Sheweth,

And your petitioner shall ever pray, &c.

2. To amend Bill, after Answer filed.

(Title, &c., as in Form 1.)

That your petitioner filed his bill in this honorable Court against the above named defendant, who has appeared thereto, and put in his answer to the same on the

day of

That your petitioner is advised to amend his said bill, (but does not require any further answer from the said defendant.)

Your petitioner, therefore, humbly prays that he may be at liberty to amend his bill, as he shall be advised, upon payment of 20s. costs to the defendant [or if a further answer is not required say "without payment of costs, upon your petitioner amending the defendant's office copy thereof."]

Sheweth,

And your petitioner shall ever pray, &c.

3. To obtain Letter-missive.

(Title, &c., as in Form 1.)

That your petitioner hath filed his bill of complaint, in this honorable Court, against the said defendant A. B. who, being privileged, cannot be compelled by the ordinary process of this court to appear to your petitioner's said bill.

Your petitioner, therefore, humbly prays that a letter-missive may be directed to the said A. B. desiring his (lordship) to appear to your petitioner's said bill.

And your petitioner shall ever pray, &c.

4. To take the Answer without Oath (or without Oath or signature), by a plaintiff.

Sheweth,

(Title, &c., as in Form 1.)

That your petitioner filed his bill in this honorable Court, against the above named defendant (A. B.) who has appeared thereto, and is preparing his answer.

That your petitioner is willing to take the same without oath (or "without oath or signature.")

Your petitioner, therefore, humbly prays that the said defendant (A. B.) may be at liberty to put in his answer to your petitioner's bill, without oath (or "without oath and signature.")

And your petitioner shall ever pray, &c.

5. For a Commission to Examine Witnesses, by the

Sheweth,

Plaintiff.

(Title, &c., as in Form 1.)

That your petitioner filed his bill in this honorable Court, against the above named defendant, who has appeared to and answered the same, and that this cause is now at issue.

That your petitioner hath several material witnesses to examine who live in the country.

Your petitioner, therefore, humbly prays that he may have a commission for the examination of witnesses, and that the defendant's solicitor may in four days join and strike commissioners' names with your petitioner's solicitor, or in default thereof, that your petitioner may have such commission directed to his own commissioners.

Sheweth,

And your petitioner shall ever pray, &c. 6. The like by a Defendant. (Title, &c., as in Form 1.)

That the plaintiff has filed his bill against your

petitioner in this honorable Court, to which your petitioner has appeared and put in his answer.

That the plaintiff replied to your petitioner's

day of

day of

and served a

but

answer on the subpoena to rejoin on the has not obtained and served an order for a commission to examine witnesses (or "has not sued out," or "has not executed a commission for the examination of witnesses.")

That your petitioner hath several material witnesses to examine, who live in the country.

Your petitioner, therefore, humbly prays that he may be at liberty to sue out a commission for the examination of witnesses, and that the plaintiff's solicitor may in four days join and strike commissioners' names with your petitioner's solicitor, or in default thereof, that your petitioner may have such commission directed to his own commissioners.

And your petitioner shall ever pray, &c.

7. To Examine a Witness, de bene esse.

Sheweth,

(Title, &c., as in Form 1.)

That your petitioner hath filed his bill, in this honorable Court, against the above named defendant, who hath appeared thereto.

That A. B. of, &c., a very material witness for your petitioner and without whose evidence your petitioner, as he is advised, cannot safely proceed to a hearing of this cause, is upwards of seventy years of age (or "is in a very sickly and infirm state of health, and in all probability not likely to live long") as by the affidavit annexed, appears.

Your petitioner, therefore, humbly prays that he may be at liberty to examine the said A. B. de bene esse as a witness for your petitioner, in this cause [if the witness resides beyond twenty miles