FORMS. Count on an in land bill of ex change against indorser, by in dorsee, on nonacceptance. Count on an in land bill of ex payee, by in dorsee, on nonacceptance. thereof, and the said defendant then and there indorsed the same to the plaintiff [or, and the said defendant then and there indorsed the same to L. M., and the said L. M. then and there indorsed the same to the plaintiff'], and the same was then and there presented to the said J. K. for acceptance, and the said J. K. then and there refused to accept the same; of all which the defendant then and there had due notice. And whereas one N. O., on at London [or, in the county of ], made his bill of exchange in writing, and directed the same to P. Q., and thereby required the said P. Q. to pay to his order £ days [weeks or months] after the date [or, sight] thereof, and the said N. O. then and there indorsed the said bill to the defendant [or, to R. S., and the said R. S. then and there indorsed the same to the defendant], and the defendant then and there indorsed the same to the plaintiff, and the same was then and there presented to the said P. Q. for acceptance, and the said P. Q. then and there refused to accept the same; of all which the defendant then and there had due notice. Whereas one N. O., on , at London [or, in the counchange against ty of ], made his bill of exchange in writing, and directed the same to P. Q., and thereby required the said P. Q. to pay to the defendant or order £ days [weeks or months] after the sight [or, date] thereof, and then and there delivered the same to the defendant, and the defendant then and there indorsed the said bill to the plaintiff [or, to R. S., and the said R. S. then and there indorsed the same to the plaintiff'], and the same was then and there presented to the said P. Q. for acceptance, and the said P. Q. then and there refused to accept the same; of all which the defendant then and there had due notice. Directions for Declarations on Bills where Action brought after Time of Payment expired. date. If the declaration be against any party to the bill except 1st.-On bills the drawee or acceptor, and the bill be payable at any time payable after after date, and the action not brought till the time is expired, it will be necessary to insert, as in declarations on promissory notes, immediately after the words denoting the time appointed for payment, the following words, viz. which period has now elapsed; and, instead of averring that the bill was presented to the drawee for acceptance, and that he refused to accept the same, to allege that the drawee [naming him] did not pay the said bill, although the same was there presented to him on the day when it became due. sight. And if the declaration be against any party except the 2nd.--On bills drawee or acceptor, and the bill be payable at any time payable after after sight, it will be necessary to insert, after the words denoting the time appointed for payment, the following words, viz. and the said drawee [naming him] then and there saw and accepted the same, and the said period has now elapsed; and, instead of alleging that the bill was presented for acceptance and refused, to allege, that the drawee [naming him] did not pay the said bill, although the same was presented to him on the day when it became due. If a note or bill be payable at sight, the form of the declaration must be varied so as to suit the case, which may be easily done. Directions for bills or notes declarations on payable at sight. Declarations on foreign bills may be drawn according on foreign bills. to the principle of these forms with the necessary va For goods. For work and materials. Common Counts WHEREAS the defendant, on the county of £ , at London [or, in ], was indebted to the plaintiff in , for the price and value of goods then and there bargained and sold, [or, sold and delivered] by the plaintiff to the defendant, at his request: And in £ for the price and value of work then and there done, and materials for the same provided by the plaintiff for the defendant, at his request: For money lent. And in £ for money then and there lent by the plaintiff to the defendant, at his request: For money paid. And in £ For money re ceived. On account stated. General conclusion, for , money then and there paid by the plaintiff for the use of the defendant, at his request: And in £ , for money then and there received by the defendant for the use of the plaintiff: And in £ for , found to be due from the money defendant to the plaintiff, on an account then and there stated between them. And whereas the defendant afterwards, on &c., in consideration of the premises respectively, then and there promised to pay the said several monies respectively to the plaintiff, on request; Yet he hath disregarded his promises and hath not paid any of the said monies, or any part thereof, To the plaintiff's damage of £ and thereupon he brings suit, &c. APPENDIX. Direction as to the General Conclusion. If the declaration contains one or more counts against the maker of a note, or acceptor of a bill of exchange, it will be proper to place them first in the declaration, and then in the general conclusion to say, promised to pay the said last-mentioned several monies respectively. GENERAL RULE OF THE COURT OF EXCHEQUER. [Trinity Term, 1 Will. 4.] WHEREAS, since the statute of the 7th & 8th Geo. 4, c. 71, instances have occurred in which, upon proceedings in the Court of Exchequer by way of subpoena and attachment, defendants have been arrested upon writs of attachment, notwithstanding the same have not issued for a bailable cause of action; and it is desirable that such practice shall be discontinued. IT IS THEREFORE ORDERED, that, from henceforth, no arrest shall be made upon any such writ of attachment, unless the same shall be for a bailable 616 GENERAL RULE. cause of action, and shall be duly marked and indorsed for bail (a). 31st May, 1831. (a) This general rule makes a most important alteration in the practice of the Court of Exchequer. Before the making of this rule, if a defendant did not appear within four days after the return of the subpana, an attachment might have been issued LYNDHURST, W. GARROW, J. VAUGHAN, W. BOLLAND. against him, no matter how small the debt or demand. This, therefore, alters the practice as stated in Dax's Exch. Prac. p. 16, in Price's Exch. Prac. p. 173, and in Carrington's Edit. of the Rules of that Court, p. 24 (n). |