The New Chancery Practice

42. Commission to Assign Guardian.

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

To [Commissioners' names] greeting: Whereas A. B. complainant, (hath) lately exhibited (his) bill of complaint before us in our Court of Chancery, against C. D. defendant; And whereas we have by our writ lately commanded the said defendant to appear before us in our said Chancery, at a certain day now past, to answer the said bill; but forasmuch as the said defendant is an infant under age [or 66 a person of unsound mind" according to the order], and cannot answer the said bill nor defend this suit, without having a guardian assigned (him) in that behalf: Know ye, therefore, that we have given unto you, any three or two of you, full power and authority, in pursuance of an order of our said Court, to assign and appoint a guardian for the said infant (or person of unsound mind) by whom (he) may answer and defend this suit, and therefore we command you, any three or two of you, that at such certain day and place as you shall think fit, you go to the said defendant, if (he) cannot conveniently come to you, and assign and appoint a guardian for the aforesaid defendant, by whom (he) may answer and defend this suit, and when you shall have so done, you are to send your certificate of your having assigned and appointed such guardian, closed up under the seals of you, any three or two of you, together with this writ, unto us in our said Chancery without delay, wheresoever it shall then be. Witness, &c.

43. Præcipe.

LANGDALE.

Seal a Commission to assign Guardian for B., an Infant, ats. A, directed to E. F., G. H., &c.

Dated

day of I. K., No.

44. Commission to Assign a Guardian, and take Answer of Infant [and other Defendants].

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

To [Commissioners' names] greeting:

Whereas

A. B., complainant, (hath) lately exhibited (his) bill of complaint before us in our Court of Chancery against C. D., defendant; and whereas we have by our writ, lately commanded the said defendant to appear before us in our said Chancery at a certain day now past, to answer the said bill; but forasmuch as the said is an infant under age, and cannot answer the said bill nor defend this suit without having a guardian assigned (him) in that behalf, know ye therefore, that we have given unto you, any three or two of you, full power and authority, in pursuance of the special order of our said Court, to assign and appoint a guardian for the aforesaid infant, and to take the answer of the said infant by such guardian (and also the answer of the said other defendant to the said bill), and therefore we coinmand you, any three or two of you, that at such certain days and places as you shall think fit, you go to the said defendant, if he cannot conveniently come to you, and assign and appoint a guardian for the aforesaid infant, and take the answer of the said infant by such guardian (and also the answer of the said other defendant to the said bill) on their corporal oaths upon the Holy Evangelists to be administered by you, any three or two of you, the said answer being distinctly and plainly wrote upon parchment ; and when you shall have so taken the said answer, you are to send the same closed up under the seals of you, any three or two of you, together with your certificate of your having assigned and appointed such guardian as aforesaid, and this writ, unto us in our said Chancery, without delay, wheresoever it shall then be. Witness, &c. LANGDALE.

45. Distringas on Stock.

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

To the Sheriffs of London greeting: We command you, that you omit not by reason of any liberty, but that you enter the same, and distrain the Governor and Company of the Bank of England by all their lands and chattels in your bailiwick, so that they, or any of them, do not intermeddle therewith until we otherwise command you ; and that you answer us the issues of the said lands, so that they do appear before us in our High Court of Chancery on the day of a certain bill of complaint lately exhibited against them and other defendants, before us in our said Court of Chancery, by complainant; and further, to do and receive what our said Court shall then and there order in the premises, and that you then leave there this writ. Witness, &c. DEVON.

5. MISCELLANEOUS.

1. Prayer of Process.

to answer

May it please your Lordship, the premises considered, to grant unto your orator her Majesty's most gracious writ or writs of subpoena, to be directed to the said A. B., and to the confederates when discovered; thereby commanding them, and every of them, at a certain day, and under a pain to be therein limited, personally to be and appear before your Lordship in this Honorable Court; and then and there, full, true, direct, and perfect answer make to all and singular the premises; and further, to stand to, perform, and abide such further order, direction (and decree), therein, as to your Lordship shall seem meet. And your orator shall ever pray, &c.

2. Prayer of Injunction.

May it please your Lordship, the premises considered, to grant to your orator, not only her Majesty's most

gracious writ, or writs, of injunction, issuing out of and under the seal of this Honorable Court, to be directed to the said A. B. for the purposes aforesaid (or "to restrain him from proceeding at law against your orator, touching any of the matters in question"); but also, her Majesty's most gracious writ or writs of subpœna, &c. (as in Form 1.)

3. Prayer of Letter Missive.

May it please your Lordship, the premises considered, to grant unto your orator your Lordship's letter missive, to be directed to the said (Earl of A.), desiring him to appear to and answer your orator's said bill, or in default thereof, her most gracious Majesty's writ or writs of subpoena, &c. (as in Form 1.)

4. Prayer to a Bill of Revivor.

May it please your Lordship, the premises considered, to grant unto your orator her Majesty's most gracious writ of subpoena, to revive (and answer), issuing out of, and under the seal of this Honorable Court, to be directed to the said A. B., thereby commanding him at a certain day, and under a certain pain to be therein limited, personally to be and appear before your Lordship in this Honorable Court, then and there (to answer the premises, and) to show cause, if he can, why the said suit and proceedings therein had, should not stand and be revived against him, and be in the same plight and condition as the same were at the time of the abatement thereof; and further, to stand to, and abide such order and decree in the premises, as to your Lordship shall seem meet. And your orator shall ever pray, &c.

5. Conclusion of an Answer.

Without that, that there is any other matter, cause, or thing in the complainant's said bill of complaint contained, material or effectual, in the law for this defendant to make answer unto, and not herein and hereby well and sufficiently answered, avoided, traversed, or

denied, is true to the knowledge and belief of this defendant. All which matters and things this defendant is ready and willing to aver, maintain, and prove, as this Honorable Court shall direct; and humbly prays to be hence dismissed, with his reasonable costs and charges in the law, in this behalf most wrongfully sustained.

6. Conclusion of a Demurrer.

Wherefore, this defendant doth demur at law upon the complainant's said bill of complaint, and all the matters and things therein contained, and humbly de-mands the judgment of this Honorable Court, whether he shall be compelled to make any further or other answer thereunto; and humbly prays to be hence dismissed, with his reasonable costs and charges, in this behalf most wrongfully sustained.

7. Conclusion of a Plea.

Therefore, the said defendant doth plead the said (in bar) to the said complainant's bill, and humbly demands the judgment of this Honorable Court whether he shall be compelled to make any further or other answer to the said bill; and humbly prays to be hence dismissed, with his reasonable costs, in this behalf most wrongfully sustained.

8. Conclusion of Interrogatories.

Declare the truth of the several matters inquired after by this interrogatory, to the best and utmost of your knowledge, recollection, and belief.

บ.

and others.

9. Appearance.

Enter an appearance for the defendant C. D., at the suit of G. A. [if by default, add "by default.

day of

Dated this

Order, dated