IN CHANCERY, 10. Traversing Note. Between A. B., plaintiff, and C. D. and E. F. and others, defendants. The plaintiff intends to proceed with his cause as if the defendant (E. F.) had filed an answer, traversing the case made by the bill, and the plaintiff had replied to such answer, and served a subpoena to rejoin. Dated this day of IN CHANCERY, 184 Chancery Lane, Agent, for I. K., Manchester. 11. Replication. The replication of A. B. (and others), replyants, to the answers of C. D. and E. F., defendants. These replyants, saving unto (themselves) all and all manner of advantage of exception to the manifold insufficiencies of the said answers, for replication thereunto say, that (they) will aver and prove (their) said bill to be true, certain, and sufficient in the law to be answered unto, and that the answers of the said defendants are uncertain, untrue, and insufficient in the law to be replied unto by (these) replyants. Without that, that any other matter or thing whatsover in the said answers contained, material or effectual in the law to be replied unto, and herein not replied unto, confessed, and avoided, traversed, or denied, is true; all which matters and things (these) replyants are and will be ready to aver and prove as this Honorable Court shall award, and humbly pray, as in and by their said bill they have already prayed. G. H., No. Chancery Lane, Agent for I. K., Manchester. 12. Defendant's Oath to Answer. You do swear that what is contained in this your answer, so far as concerns your own acts and deeds, is true to your own knowledge, and that what relates to the acts and deeds of any other person or persons you believe to be true.-So help you God. 13. Commissioner's return to commission to take Answer. This answer was taken, and the above named defendant, A. B., was duly sworn to the truth thereof on the Holy Evangelists, at the house of , in the county of in the parish of day of the situate on 184 by virtue of the commission hereunto annexed, before us. C. D. E. F. 14. Commissioner's Oath for examining Witnesses. You shall, according to the best of your skill and knowledge, truly, faithfully, and without partiality to any or either of the parties in this cause, take the examinations and depositions of all and every witness and witnesses produced and examined by virtue of the commission hereunto annexed, upon the interrogatories now produced and left with you; and you shall not publish, disclose, or make known to any person or persons whatsoever, except to the clerk or clerks by you employed, and sworn to secrecy in the execution of this commission, the contents of all or any of the depositions of the witnesses, or any of them, to be taken by you and the other commissioners, in the said commission named, or any of them, by virtue of the said commission, until publication shall pass by rule or order of the High Court of Chancery. So help you God. 15. Clerk's Oath for the same. You shall truly and faithfully, and without partiality to any or either of the parties in this cause, take and write down, transcribe, and ingross, the depositions of all and every witness and witnesses produced before and examined by the commissioners, or any of them named in the commission hereunto annexed, as far forth as you are directed and employed by the said commissioners, or any of them, to take, write down, or ingross the said depositions, or any of them; and you shall not publish, disclose, or make known to any person or persons whatsoever, the contents of all or any of the depositions of the witnesses, or any of them, to be taken, wrote down, transcribed, or ingrossed by you, or whereto you shall have recourse, or be any ways privy, until publication shall pass by rule or order of the High Court of Chancery. So help you God. 16. Witness's Oath for the like. You are to make a true answer to all such questions as shall be asked you upon these interrogatories, without favour or affection to either party, and therein you shall speak the truth, the whole truth, and nothing but the truth. So help you God. 17. Note of the Interrogatories upon which a Witness is to be examined. IN CHANCERY. A. v. B. and others. The witness C. D. is to be examined upon the (1st, 3rd and 5th) interrogatories, as to the exhibits marked (L. M. and P.) respectively. 9 184 Dated this day of No., Chancery Lane. To the Examiners (or commissioners) appointed for the examination of witnesses herein. 18. Exhibit on Documents produced before Commis IN CHANCERY. sioners. Between A. B., plaintiff, C. D., defendant. At the execution of a commission for the examination of witnesses in this cause, this (book, deed, or parch ment, or paper writing, &c.) marked B. was exhibited to us, and shown to E. F., and by him deposed unto at the time of his examination to the interrogatory, on the part of the plaintiff, and was also produced and shewn unto (as the case may be), this 184 day of G. H. I. K. 19. Docquet of Decree for Inrolment. Whereas, heretofore, that is to say, in or as of term, in the year of our Lord 184 , A. B., complainant, exhibited his bill of complaint, in the High and Honorable Court of Chancery, against C. D., defendant, thereby praying [here recite shortly the prayer of the bill, in the past tense, substituting the word "complainant" for orator"]. And for relief the complainant prayed the aid and assistance of the said Court, and that process of subpoena might be thereout awarded, to compel the said defendant to appear to and answer the said bill; which being granted, and the said defendant therewith duly served, he appeared accordingly, and put in his answer thereto (to which answer the said complainant replied, and issue being joined, divers witnesses were examined, and publication duly passed), as in and by the said bill, answer (and replication), duly filed (and depositions remaining as of record in the said Court), will more fully and at large appear. And the said cause being ready for hearing, a day was appointed by the Court for the hearing thereof, and the same coming on accordingly on the day of be heard and debated before the Right Honorable the Master of the Rolls (or as the case may be), in the presence of counsel learned on both sides, and the pleadings being opened upon debate of the matters, and hearing the defendant's answer, &c. [here recite the decree from these words to the end, in the past tense]. It is, therefore, this present day, that is to say, the day of in the year of the reign of Her Majesty Queen Victoria, and in the year of our Lord, 184 , by the 184 to Right Honorable John Singleton Baron Lyndhurst, of Lyndhurst, in the county of Southampton, Lord High Chancellor of Great Britain, and by the High and Honorable Court of Chancery, and the power and authority thereof, adjudged and declared that [here again recite the ordering part of the decree, in the present tense]. I have inspected this docquet, and E. F., clerk of records and writs, 20. Caveat against the Inrolment of a Decree, &c. IN CHANCERY. Between A. B., plaintiff, and C. D. and others, defendants. Enter a caveat against the inrolment of a decree (or order) of the Master of Rolls (or as the case may be), bearing date the 184 • Dated this day of E. F., No. 184 Chancery Lane, Defendant's Solicitor. To the Secretary of Decrees. IN CHANCERY. 21. Exhibit to an Affidavit. Between A. B., plaintiff, C. D. and others, defendants. This is the paper (or parchment) writing, marked (A), referred to in the (annexed) affidavit "of E. F., sworn before me in this cause, this day of 99 . 184 [If the exhibit is annexed to the affidavit, the title of the cause and the words in commas may be omitted.] |