from London add "and that he may have a commission for that purpose"]. Sheweth, And your petitioner shall ever pray, &c. 8. To examine a Witness vivâ voce. (Title, &c., as in Form 1.) That this cause is at issue, and that your petitioner is advised that it will be necessary for him to prove certain documents viva voce at the hearing of this cause. Your petitioner, therefore, humbly prays that he may be at liberty to examine one or more witnesses vivá voce, at the hearing of this cause, to prove the several documents and papers hereinafter mentioned, that is to say [here describe the documents] saving all just exceptions. Sheweth, And your petitioner shall ever pray, &c. 9. To dissolve the common Injunction. That the plaintiff obtained an injunction in this cause, for stay of your petitioner's proceedings at law, until answer and other order to the contrary. That your petitioner hath since put in his answer to the plaintiff's bill, and thereby denied the whole equity thereof. Your petitioner, therefore, humbly prays that the said injunction may be dissolved, unless the plaintiff shall shew unto this Court good cause to the contrary. And your petitioner shall ever pray, &c. 10. To set down Cause on further Directions and Costs. (Title, &c., as in Form 1.) Sheweth, That by the decree made on the hearing of this cause, bearing date the day of 2 it was referred to the Master to take the accounts, and make the enquiries therein mentioned, and the considera tion of all further directions and of the costs of this suit were reserved until after the Master should have made his report. , to whom this cause was re That Master ferred, made his report, on the matters so referred to him, bearing date the been absolutely confirmed by an order dated the day of day of which has Your petitioner, therefore, humbly prays that this cause may be set down to be heard before your [Honor] on further directions and as to the matter of costs reserved by the said decree, next after the causes, further directions and exceptions, already appointed. And your petitioner shall ever pray, &c. 11. To confirm a Report. (Title, &c., as in Form 1.) Sheweth, That by the decree made on the hearing of this cause, bearing date the day of the Master to whom this cause was referred, was directed to make certain enquiries, and to take certain accounts as therein directed. of , Master has day That in pursuance of such decree, the made his general report, bearing date the which has been duly filed. [If the defendants consent say "That the said defendants are willing to consent to confirm the said report absolutely in the first instance."] Your petitioner, therefore, humbly prays that the said report may be confirmed, unless cause is shown to the contrary within eight days after service of the order to be made hereon [If the defendants consent, say “that the said report may be confirmed absolutely."] And your petitioner shall ever pray, &c. Sheweth, 12. To set down exceptions to Report. (Title, &c., as in Form 1.) That the Master to whom this cause is referred, has, pursuant to the decree made on the hearing of this cause, made his report, bearing date day of That your petitioner has filed exceptions to the said report, and paid a deposit of 107. on filing the same. Your petitioner, therefore, humbly prays that the said exceptions may be set down to be heard before your (Honor) next after the exceptions already set down. And your petitioner shall ever pray, &c. 13. For a Commission to assign a Guardian and take Answer of an Infant Defendant. Sheweth, (Title, &c., as in Form 1.) That the plaintiff filed his bill in this honorable Court, against your petitioner, to which your petitioner has appeared, and is preparing to put in his answer. That your petitioner is an infant, and resides at in the County of and is desirous of having a guardian assigned to him, by whom he may answer and defend this suit. Your petitioner, therefore, humbly prays that a commission may issue, directed to certain commissioners, to be therein named, to assign your petitioner a guardian, by whom he may answer the plaintiff's bill, and defend this suit, and that such guardian so to be chosen, may stand assigned by this Court. And your petitioner shall ever pray, &c. 14. For liberty to sue in formâ pauperis. Sheweth, (Title, &c., as in Form 1.) That your petitioner filed his bill in this honorable Court, against the above named defendant, seting forth, &c., and praying [here state briefly the purport of the bill.] That your petitioner is not worth five pounds, his wearing apparel and the subject matter of this suit excepted, and by reason of his poverty, is unable to prosecute his said suit, unless he is admitted to do so in formá pauperis. Your petitioner, therefore, humbly prays that he And your petitioner shall ever pray, &c. Sheweth, That the plaintiff has filed his bill in this honorable Court against your petitioner, and has served your petitioner with process to appear to and answer the same. That your petitioner is not worth 57., his wearing apparel and the subject matter of this suit excepted, and by reason of his poverty is unable to make his defence to the said bill, unless he is admitted to do so in formá pauperis. Your petitioner, therefore, humbly prays that he may be at liberty to defend this suit in formá pauperis, and that he may have a counsel and a solicitor assigned to him for that purpose. And your petitioner shall ever pray, &c. 2. NOTICES OF MOTION. 1. For leave to examine a Witness de bene esse. IN CHANCERY. Between A. B. and another, plaintiffs, and C. D. and others, defendants. Take notice that this honorable Court will be moved 66 before the Right Honorable the Lord High Chancellor [or "before the Right Honorable the Master of the Rolls," or before his Honor the Vice Chancellor of England," or "Sir James Lewis Knight Bruce," or "Sir James Wigram"], on the day of next [or "instant"], or so soon after as counsel can be heard, by Mr. of counsel for the plaintiff, That the (plaintiff) may be at liberty to examine E. F. as a witness for him in this cause, de bene esse; and that he may be at liberty to sue out a commission for such purpose, and that the defendant may, within four days after notice, join and strike commissioners' names with the plaintiff, or in default thereof, that the plaintiff may be at liberty to sue out such commission directed to his own commissioners. Dated this day of 184 Yours, &c. G. H. Plaintiff's Solicitor, No. Chancery Lane. To Mr. I. K. defendant's solicitor or agent. 2. To dismiss Bill for want of Prosecution. (Title, conclusion, &c., as in Form 1.) That the plaintiff's bill may stand dismissed out of this honorable Court, as against the defendant, for want of prosecution, with costs to be taxed by one of the Taxing Masters of this honorable Court. Dated, &c. 3. For Production of Deeds, &c. (Title, conclusion, &c., as in Form 1.) That the defendant (A. B.), may, within days after service of the order to be made hereon, produce and leave in the hands of the Clerk of the Records and Writs, in whose division this suit-ts, the several deeds, papers, and writings admitted by his answer in this cause, and the schedules thereto to be in his custody, possession, or power; and that the plaintiff may be at liberty to inspect and take copies of the same, and that the said Clerk of the Records and Writs may be ordered to attend with the same before the examiner, or at the execution of any commission to |