one thousand nine hundred and before me S. S., sheriff of the county aforesaid, by virtue of a writ of our said lord the King to me the said sheriff directed, and to this inquisition annexed, to inquire of certain matters in the said writ specified, by the oath of J. J., T. P., [&c., naming the jurors who sat on the inquiry], good and lawful men of my bailiwick; who being charged and sworn upon their oath say that A. B., in the said writ named, hath sustained damages to £, on occasion of the premises in the said writ mentioned. In witness whereof as well I the said sheriff as the said jurors have set our seals to this inquisition the day and year above written.

18. Sheriff's Return to be indorsed on the Writ of Inquiry. The execution of this writ appears in the inquisition hereunto annexed. The answer of the within-named S. S., sheriff.

19. Under-Sheriff's Certificate to be indorsed on Writ of Inquiry, that Judgment ought to be stayed, &c. (t).

I certify that in my opinion judgment ought not to be signed upon this writ until the within-named defendant shall have had an opportunity to apply to the to set aside the execution thereof.

Dated

[Signature of the under-sheriff.]

20. Another Form of Certificate.

I certify that in my opinion judgment ought not to be signed upon this writ until the expiration of days from the day of, 19—, in order that the defendant may have an opportunity, in the meantime, of applying for an order to stay the judgment thereupon, until such day as such order, if any, may direct. [Signature of under-sheriff.]

21. Application for Stay of Judgment on Writ of Inquiry. Formal parts as usual] for an order that the judgment on the writ of inquiry executed in this action be stayed until the day of————, 19—, or until such day as may be ordered on the hearing of this application. [And that the costs of this application be

Dated [&c., conclude as usual].

-.]

(t) See the forms of certificates by Judges, ante, pp. 354, 355.

23. Execution thereon.

[The same as in ordinary cases.]

24. Notice of Motion for New Trial (u).

[Formal parts as in form No. 1, ante, p. 366.]

Take notice that the Court of Appeal will be moved, at the expiration of fourteen days from the service hereof, or so soon thereafter as counsel can be heard, by counsel on behalf of the for an order that the verdict

of the jury given on the inquiry held on the day of, 19—, under the writ of inquiry to assess the plaintiff's damages in this action, directed to the sheriff of and dated the day of 19-, be set aside [and that the inquisition thereon returned, and any judgment entered or execution issued pursuant thereto, be also set aside] [and that (specify any further relief desired)]. And for an order that the pay to the the costs of and occasioned by this application. And further take notice that the grounds of the application are that [state concisely the grounds relied on; see form No. 2, ante, p. 367]. Dated [&c., conclude as in form No. 1, ante, p. 366].

SECTION III.-WRIT OF INQUIRY TO ASCERTAIN ARREARS OF RENTCHARGE UNDER THE TITHE ACT, 1836.

1. Affidavit as to Arrears due, to ground Application for an Order for Writ of Inquisition (x).

In the High Court of Justice.

King's Bench Division.

In the matter of [Dr. T.'s Charity].

I, T. H., of ———————, in the [county] of S.,, make oath and say as follows:

1. I am the receiver appointed by the Chancery Division of this Honourable Court of the trustees of the charity estates of the late Dr. T., the impropriators of the parish of H., in the county of S.

2. There is due from I. W. the elder, of H. aforesaid, yeoman, to the trustees of the said charity estates, for tithe rent-charge in respect of the lands belonging to him and in his occupation as the owner thereof,

(u) The application must be made to the Court of Appeal (W. Radam's Microbe Killer Co. v. Leather, [1892] 1 Q. B. 85).

(x) See the Tithe Act, 1836 (6 & 7 Will. 4, c. 71), s. 82, and the Tithe Act, 1891 (54 Vict. c. 8), ss. 1 (3), 2 (2), and 4. As to the service of the writ of inquiry, see 5 & 6 Vict. c. 54, s. 17.

within the said parish, numbered respectively and in the plan of the said parish referred to by the award of the commissioners under the Tithe Act, 1836, dated and which was confirmed on the

being the amount of -half-years' tithe rent-charge

3. There is no sufficient distress on the premises liable to the payment thereof.

Sworn &c., [as usual; see post," Affidavits "].

2. Order for Writ of Inquiry (z).

[Formal parts as usual.] It is ordered that a writ of inquiry do issue, directed to the sheriff of to summon a jury to assess the arrears of rent-charge and apportionment remaining unpaid on the, and due in respect of the lands [&c., as in the affidavit; see

to

from

preceding and following forms].

3. Writ of Inquiry to assess Arrears of Rent-charge.

[Title, &c., as in No. 1, ante, p. 687.]

Edward the Seventh [&c., as in No. 2, p. 681], to the sheriff of S., greeting: Whereas by an order of [A. B., Esquire, one of the Masters of our Supreme Court of Judicature], bearing date the day of 19—, entitled in the [matter of Dr. T.'s Charity], in pursuance of the Tithe Act, 1836, it was ordered that this writ be issued [or recite the order] : Therefore we command you that you summon a jury to assess the arrears of rent-charge and apportionment remaining unpaid on the

day

of 19-, and due to [J. G. and B. B., the trustees of the charity estates of the late Dr. T.] the impropriators of the parish of H. in your bailiwick, from [I. W., of H. aforesaid, yeoman], on and for lands belonging to him and in his occupation, numbered respectively and in the plan of the said parish annexed or referred to by the award of the commissioners under the said statute, bearing date and duly confirmed, the said trustees being the owners of the said rentcharge, and that you return to us in the King's Bench Division of our High Court of Justice, on, the day of 19, the inquisition which you shall thereupon take, under your seal and the seals of those by whose oath you shall take that inquisition, together with this writ. Witness- [name of Lord Chancellor], Lord High Chancellor of Great Britain, the day of in the year of our Lord one thousand nine

hundred and

(*) The order is obtainable from a Master ex parte upon an affidavit (form No. 1). For the præcipe for the writ, adapt form No. 1, ante, p. 681.

[state the claim as in the

of summons, whereby the plaintiff claimed writ], and the parties have concurred in stating the questions of law arising herein in the following case for the opinion of the Court:

The statement must be

1. [Here state concisely the facts and documents necessary to enable the Court to decide the questions raised in the case. divided into paragraphs numbered consecutively. Each paragraph should, as far as possible, contain a distinct allegation, and be complete in itself. Conclude thus:]

The question [or questions] for the opinion of the Court is [or are] :— 1. Whether

2. Whether

should be numbered.]

[State each question in a separate paragraph, which

If the Court shall be of opinion in the affirmative [or negative] of the said questions [or any of the said questions, or as the case may require], then judgment shall be entered for the plaintiff for and costs of action [to be taxed on the higher scale] (b).

,

(a) By R. S. C., Ord. XXXIV., r. 1, “The parties to any cause or matter may concur in stating the questions of law arising therein in the form of a special case for the opinion of the Court. Every such special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby. Upon the argument of such case, the Court and the parties shall be at liberty to refer to the whole contents of such documents, and the Court shall be at liberty to draw from the facts and documents stated in any such special case any inference, whether of fact or law, which might have been drawn therefrom if proved at a trial."

By r. 3 (as amended by R. S. C., Dec. 1885, r. 9), "Every special case shall be printed by the plaintiff, and signed by the several parties, or their counsel or solicitors, and shall be filed by the plaintiff. Three printed copies for the use of the Judges shall be filed therewith."

By Ord. XXXIV., r. 7, "This Order shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto."

By r. 8, " Any special case may hereafter be stated, for the same purposes and in the same manner as was provided by the Act 13 & 14 Vict. c. 35, and the same shall be deemed to be a special case stated in a matter within the meaning of this Order." As to special cases, see generally 2 Pract. 14th ed. 1343.

(b) By R. S. C., Ord. XXXIV., r. 6, " The parties to a special case may, if they think C.F. 44

If the Court shall be of opinion in the negative [or affirmative] of the said questions [or any of the said questions, or as the case may require], then judgment shall be entered for the defendant, with his costs of defence (c).

(Signed (d)) A. B. [or X. Y., solicitor for A. B.] [the above-named plaintiff].

C. D. [or P. Z., solicitor for C. D.] [the above-named defendant].

2. Application to have Questions of Law decided by Special Case, or otherwise, before Questions of Fact (e).

(it is better,

[Formal parts as usual in application to Master] for an order [by consent] that the question of law arising in this action [viz., though not absolutely necessary, here to state concisely the question of law which it is proposed should be decided first)] be raised for the opinion of the Court, by means of a special case, or in such other manner as the Master may deem expedient; and that in the meantime such further proceedings as the decision of such question of law may render unnecessary be stayed; and that the costs of this application be costs in the cause.

Dated [&c., conclude as usual].

3. Order for Trial of Question of Law by Special Case. [Formal parts as usual.] It is ordered [by consent] that the question of law arising in this action [viz., (the question may here be stated, but fit, enter into an agreement in writing, which shall not be subject to any stamp duty that, on the judgment of the Court being given in the affirmative or negative of the questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the cause or matter; and the judgment of the Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.” (c) (d) See notes (b), (a), p. 689.

(e) By R. S. C., Ord. XXXIV., r. 2, "If it appear to the Court or a Judge that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or Judge may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court or Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed."

As a rule, the application should be made in or under the summons for directions. This Rule only applies where the action has not come on for trial; but at the trial of an action the Judge may try questions of law first if it appears that the decision of such questions will render the trial of the issues of fact unnecessary (Pooley v. Driver, 5 Ch. D. 458).