t I *l 1 1 1 1 I -.ll • IS. Ill Yako Tcm"lEBap, ONDOs UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ^tfS5&33*«Wft A HANDBOOK OF PRACTICAL FORMS. BY THE SAME AUTHOE. Sixth Edition, demy Svo, cloth, 20«. MOORE'S PRACTICAL FORMS OP AGREE- MENTS. — Containing nearly ^00 Forms relating to Sales and Purchases, Building and Arbitrations, Letting and Keuting, Debtors and Creditors, and numerous other subjects. With a variety of useful Notes. By H. Moobe, Esq. Sixth Edition. By Edward Manson, of the Middle Temple, Barrister-at-Law. Fourth Edition, crown Svo, cloth, 10*. Gd. MOORE'S ABSTRACTS OP TITLES.— Instruc- tions for Preparing Abstracts of Titles ; to which is added a Collection of Precedents. By H. Moore, Esq. Fourth Edition. With considerable Additions. By Reginald Merivale, B.A., and Nouman Pearson, B.A., of Lincoln's Inn, Barristers-at-Law. Second Edition, Revised, crown Svo, cloth, 7«. Gd. MOORE'S PRACTICAL INSTRUCTIONS and SUGGESTK )NS (o Y< )UNCr SOLICITOUS and ARTICLED and other CLERKS in Matters of Daily Practice, especially iu Country Offices. By H. Mooke, Esq. London: Wm. Clowes and Sons, Limited, 7, Fleet Street. A HANDBOOK PEACTICAL FOBMS. CONTAINING A VAKIETY OF USEFUL AND SELECT PRECEDENTS REQUIRED IN SOLICITORS' OFFICES, RELATING TO CONVEYANCING AND GENERAL MATTERS, WITH NUMEROUS VARIATIONS AND SUGGESTIONS. H. MOORE, Esq., AUTHOR OF "INSTRUCTIONS FOB PREPARING ABSTRACTS OF TITLE," "PRACTICAL FORMS OF AGREEMENTS," "PRACTICAL INSTRUCTIONS AND SUGGESTIONS TO YOUNG SOLICITORS AND ARTICLED AND OTHER CLERKS," ETC. FOURTH EDITION. REVISED AND EDITED BY EDWARD MANSON, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. LONDON: WILLIAM CLOWES AND SONS, Limited, 7, FLEET STREET. 1905. K)7?34k \ c \of PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECCLES. /> > 1 % PREFACE TO THE FOURTH EDITION. The popularity of books of Forms is a very noticeable feature in the legal literature of to-day; nor is the fact to be wondered at: for drafting documents without the aid of a guiding form is, beyond controversy, the most arduous and responsible of all tasks which fall to the lot of the lawyer. It is so easy to overlook some material point, so difficult to provide for every contingency, and this is still more the case where the subject is one with which the draftsman does not happen to be familiar. The solicitor is a man of affairs and sees many sides of life, but of him, as of every one else, the maxim is true — "Non omnia possumus omnes." It is quite impossible for him, with all his experience, to spin forms out of his consciousness to fit all occasions. This consideration was the raison d'etre of Mr. Moore's " Hand- book of Practical Forms." His design in writing it was to furnish a great variety of miscellaneous forms for all kinds of business — quicquid agunt homines— tonus not to be found in the ordinary books of Conveyancing Precedents, yet constantly needed in the routine of a solicitor's, especially a country solicitor's, office. Ex- perience had shown him that it is frequently in the simplest and most ordinary matters that guidance is wanted and is not to be found ; matters to which the dignified collections of Conveyancing Precedents do not condescend, Forms of Demands, of Notices, of Affidavits, of Headings, of Proposals, of Receipts, and so on. That the Author judged rightly is clear from the success of the book, and the profession having so plainly signified its approval of the scheme of the book, the present Editor has been careful to preserve its original form, with only such alterations and additions as were necessary to bring the book up to date. Thus the forms in use for payment of the Death Duties had become obsolete. They vi PREFACE. are here replaced by the new forms now in use at Somerset House. The forms for the Registration of Electors had also undergone changes. Here, again, the latest forms are supplied. A complete set of the forms in use at the Land Registry are also given. Besides these the Editor has added a few new forms where it seemed to him that such additions were desirable in the interests of completeness. For example, a form of Apprentice's Indenture for the Mercantile Marine Service, an Acknowledgment of Indebted- ness — commonly known as I.O.U., a short form of Submission to Arbitration, and some further Bankruptcy Forms. On the questions of law raised from time to time in the Notes, he has also given references to the latest text-books of authority. Thus revised and enlarged, he trusts that the book may continue to be as useful to the profession as it has proved in the past. EDWARD MANSON. 8, Old Squake, Lincoln's Inn, July, 1905. EXTRACT FROM EDITOR'S PREFACE TO SECOND EDITION. The present work is intended to serve as a companion volume to "Moore's Practical Forms of Agreements," and therefore contains numerous examples of those kind of documents (such as acknow- ledgments, affidavits, cases for the opinion of counsel, conditions of sale, consents, declarations, demands, notices, proposals to treat, protests, receipts, valuations, &c.) which often precede the forma- tion of the agreement, or bring it to a close, or call attention to its breach. In addition to these, and in view of the varied requirements of a country solicitor's office, a number of forms have been introduced drawn from the schedules of recent statutes, Treasury Regulations, Rules of Court and other sources, principally relating to bank- ruptcy, bills of sale, borough and county elections, and registration (municipal and parliamentary), building, friendly, and other kin- dred societies, guarantees, landlord and tenant, probate and letters of administration, and other matters of daily practice. In the important subject of legacy and succession duty, the blank forms supplied by the Inland Revenue Department have been inserted, filled up in such a way as to include a number of variations, so as, it is hoped, to assist the practitioner to comply with the troublesome conditions resulting from the intricacies of the death duties. The ever-recurring question of stamps has been met by a note on the subject appended to such of the forms as require them, and a special title (Stamps) has been devoted to those forms of memorials, corrective affidavits, and declarations, which are necessary to obtain the return of stamp duty, whether paid in the shape of spoiled stamps or in connection with probates and letters of administration. viii PREFACE. References to the statutes and rules in force relating to the various forms, and to cases illustrative of them, will be found in the notes, and opportunity has been taken where it seemed particularly advisable (as, for example, under the heads of Distress and Retainer) to add a few words on the law, with the view of guarding the young practitioner from those pitfalls into which the unwary might stumble. The subject of pleadings (except as incidentally involved in forms of affidavits in interpleader, or under Order XIV., &c.) and of wills (except in the form of affidavits for probate and letters of administration, &c.) have been purposely omitted, as being beyond the scope of the present work ; but under the head of Statement of cause of action (for insertion in an affidavit of debt) will be found a number of forms which will serve as precedents for County Court claims. It may be objected that in some cases the paragraphs are too numerous, and the phrases embodying the legal claim or right too copious in language, but the forms have been so drawn in order that the practitioner may select the particular paragraphs and words which best suit the circumstances of the case he has in hand. When looking for the form he requires, the reader is requested to turn to the Index and not to rely upon the Table of Contents, because the headings are necessarily arbitrary, and therefore mis- leading ; as, for example, the whole of the forms relating to bank- ruptcy are alphabetically arranged under that heading in the Index, but under the title " Bankruptcy " in the Table of Contents only those few forms will be found relating to that subject which have escaped absorption under the heads of declarations, minutes, notices, petitions, receipts, &c. So again the whole of the affidavits through- out the book are groped together under that heading in the Index, but under the title " Affidavits " only the essential features of an affidavit of debt in respect of the deponents, the subject-matter, and the form of jurat are given, the complete form of affidavit relating to each subject being scattered under the respective titles. T. LAMBERT HEARS. 9, King's Bench Walk, Temple, March 25, 1886. ( ix ) TABLE OF CONTENTS. %* The reader is requested to consult the Index/or the Form he requires. PART I.— ACKNOWLEDGMENTS. TAGE Nos. 1. Of a deed by a married woman 2. Of a deed to be enrolled 3. Of a recognizance 4. Of registry of a friendly society . . . . . . • • • • • • ^ 5. Of registry of a provident society . . . . . . . . • • . . 3, 4 6. Of registry of amendment of rules of a friendly society .. .. •• 4 7. Of the receipt of mortgage money (and undertaking to execute a recon- veyance) .. .. .. .. .. .. •• •■ •• "* 8. Ditto (short) 4 9. Of a receipt of part of mortgage money (with an undertaking to release a part of the mortgaged property) . . . . . . • • ■ • *> 10. Of receipt of bills of exchange in satisfaction of a debt .. ..6,7 11. Of another's title to property .. .. .. .. ■• •• •• ' 12. Of easements belonging to others .. .. .. •• •■ •• ' 13. Of a right to lights 7 14. Of a right to walls 8 15. Of indebtedness : I.O.U 16. Of right to production of deeds 17. Of title to bar statutes of limitation .. 18. Of stated account 9 PART II.— ADMINISTRATION. 1. Oath for administrator .. 2. Oath for administrator with the will annexed .. .. •• H 3. List of forms in use for payment of death duties 12-18 4. Instructions as to estate duty .. •• •• •• •• 18-31 5. Affidavit for Commissioners of Inland Revenue on application for probate or administration CO 6. Affidavit, personal estate only . . . . • • • • • • ■ • °° 7. Affidavit— small estates under £500 G8 8. Affidavit— Foreign domicil ' 5 9. Affidavit— Trust estate only 7T X TABLE OF CONTENTS. Nos. PACt 10. Affidavit — Corrective for duty .. .. .. .. .. 79 11. Affidavit of justification by sureties .. .. .. .. .. .. 83 12. Affidavit in support of administration summons in the Chancery Division liy a creditor .. .. .. .. .. .. .. 83,84 13. Affidavit of service of administration summons in the Chancery Division 84, 85 14. Affidavit by a creditor to prove a debt .. .. .. .. .. 85 15. Affidavit by annuitant under a bond to prove arrears due .. .. .. 86 PART III.— AFFIDAVITS. SECTION I. 1. The parties making the affidavit SECTION II. 2. The subject-matter. The debt Statement of the Cause or Action. (A.) Special Contracts. 3. For principal and interest due upon a mortgage 4. Same by an assignee 5. For the arrears of an annuity 6. For rent due on lease 7. Upon a judgment 8. Upon a (voyage) policy of insurance 9. Upon a time policy 10. For premiums of insurance 11. For freight under a charterparty (B.) Articles of Agreement. 12. For payment of a debt 13. For a premium upon a lease .. 14. For debt on award 15. For money due on bond 16. For money upon an arbitration bond 17. For money upon an annuity bond (C.) Simple Contracts. (1.) Upon Bills of Exchange. 18. Drawer against acceptor 19. Indorsee or bearer against drawer 20. Payee against drawer 21. Payee or indorsee against acceptor .. 22. Indorsee against acceptor (foreign bill of exchange) 87 88 89 89 90 90 90 91 91 92 92 92 92 93 93 93 94 94 94 95 95 TABLE OF CONTENTS. XI (2.) On Promissory Nott s Nos. 23. Payee against maker 24. On a note payable by instalments 25. Indorsee against maker 26. Indorsee against indorser PAGE 95 96 96 06 (3.) On Cheques. 27. Payee or bearer against maker .. .. •• •• •• •• °* 97 97 38 99 99 99 99 99 100 100 100 (D.) General Subjects. 28. For money in exchange of property 29. For use and occupation 30. For double rent .. .. 9< 31. For wharfage and warehouse room .. .. .. •• •• •• 9° 32. For the hire of a horse and carriage and for the standing of carriages, &c. 98 33. For use of pasture and eatage 34. For the use of a dairy 35. For demurrage 36. For wages or salary 37. For board and lodging 38. For board and education 39. For money lent, paid, received, or due on account stated .. 40. For interest 41. For goods sold and delivered . . 42. For work and labour .. 43. For work as an agent 44. For tithe rent-charge ..101 45. For agistment and for horse-keep and stabling 101 101 46. For work as a solicitor 47. For work as a surgeon and apothecary 48. As a notary 49. As an architect, &c. . . 102 50. As an undertaker 103 51. As a coachmaker 103 52. As a shipwright 103 53. As a dancing-master .• 103 54. As a schoolmaster 55. As a nurse 56. As a factor, &c. 57. As a carrier 58. For freight, primage, or average 59. As an insurance broker 60. For passage money 101 102 102 104 104 104 104 105 XU TABLE OF CONTENTS SECTION III. Jurats. NOS. PACK 61. If sworn in court, &c, &c. .. .. .. .. .. .. .. 105 62. "When the affidavit is made by two or more deponents .. .. .. 106 63. When the deponent is a marksman . . . . . . . . . . . . 107 64. When the deponent is a foreigner .. .. .. .. .. .. 107 PART IV.— AFFIRMATION. 1. Form of 108 PART V.— APPOINTMENT. 1. Of an arbitrator under the Lands Clauses Act, 1845 .. .. .. 108 2. Of a parliamentary election agent by candidate .. .. .. .. 109 3. Of a coroner .. .. .. .. .. .. .. .. .. 109 4. Of a steward .. .. .. .. .. .. .. .. .. 110 5. Of a gamekeeper . . . . . . . . . . . . . . ..Ill 6. A shorter for m .. .. . . .. .. .. ..112 7. Of new trustees of a settlement by supplemental deed .. .. .. 113 8. Of new trustees of a will under statutory power .. .. .. ..114 9. Affidavit in support of application to the Court for appointment of trustees .. .. .. .. .. .. .. .. ..115 PART VI.— APPRENTICESHIP. 1. An indenture of apprenticeship to a tradesman .. .. .. .. 116 2. Ordinary apprentice's indenture for mercantile marine service .. .. 119 PART VII.— ARBITRATION. 1. Short form of submission .. .. .. .. .. .. ..120 PART VIII.— ARTICLES OF CLERKSHIP. 1. Affidavit of loss of articles of clerkship .. .. .. .. .. 121 PART IX.— ASSIGNMENT. 1. Of a policy of life assurance .. 2. A shorter form.. 3. Of a life policy by a separate instrument, according to 30 & c. 144 4. Of a life policy by indorsement .. 121 . . 123 31 Vict. .. 124 .. 125 PART X.— ATTACHMENT OF DEBT. 1. Affidavit in support of garnishee order for attachment of debt .. .. 125 TABLE OF CONTENTS. Xlll PART XI.— ATTESTATIONS. Nos. rAGF - 1. For deeds 126 2. For wills ■• 127 3. For attested copies .. .. .. •• •• •• 127 PART XII.— ATTORNMENTS. 1. By tenant .. .. .. .. .. .. •• •• •• 128 2. To tenants to attorn 129 3. A concise form.. .. .. .. .. •• •• •• •• 130 PART XIII.— AUTHORITIES. 1. To the Paymaster-General to pay dividends .. .. .. .. 130 2. For making an application for payment of money out of the Chancery Pay Office 131 3. To sell property 131 4. To sell goods .. .. .. .. .. .. .. •• •• 133 5. To kill hares 133 6. To pay mortgage or purchase money to a third party .. .. .. 134 7. To receive purchase or other moneys .. .. .. .. ..134 8. To pay insurance money to a mortgagee .. .. .. .. 135 9. To pay the amount due on a life policy to a purchaser .. .. .. 135 10. To bankers to pay dividends to an agent .. .. .. .. 130 11. To a trustee to pay part of trust moneys to the reversioner .. 136 PART XIV.— BAIL. 1. Affidavit of service of a judge's summons for procuring bail for a prisoner 137 2. Affidavit in support of an application for bail when refused by a coroner 138 PART XV.— BANKRUPTCY. 1 A. Affidavit of service of bankruptcy notice .. ..139 In. Affidavit on application to set aside bankruptcy notice 139 2. Affidavit of truth of statements in petition in bankruptcy 140 3. Another form .. .. .. -• •• ■• •• 1"**' 4. Affidavit of service of bankruptcy petition .. ■• 141 5. Affidavit verifying the debt .... .. 141 6. The same by a surety.. .. •• ..143 7. Proof of debt by workmen . . . . - • ..144 8. Statement of affairs •• ..144 9. Application to annual adjudication .. .. ■• ..153 10. Application for order of discharge .. .. .. .. •• •• 153 11. Affidavit by bankrupt discharged on condition as to after-acquired property .. .. .. •• •• •■ •• •• ■• 1 J 4 12. Application to approve composition.. .. .. .. •• •• 154 155 15G 157 158 1G0 xiv TABLE OF CONTENTS. PART XVI.— BILLS OF SALE Nos. 1. Absolute Memorandum of delivery . . •_'. By a sheriff (absolute) 3. By way of mortgage (statutory form) 4. Affidavit on registration of a bill of sale 5. Affidavit on renewal of registration of a bill of sale .. .. .. 101 G. Affidavit for verifying the signature to a consent for entering satisfaction of a bill of sale 1G1 7. Bill of sale of a ship or share in a ship (absolute) .. .. .. .. 1G2 PART XVIL— BONDS. 1. For payment of money and interest .. .. .. .. .. .. 1G4 2. That a married woman, being a minor, shall execute and acknowledge a conveyance on coming of age .. .. .. .. .. .. 1G5 3. For the fidelity of the manager of a business .. .. .. .. 1G7 4. Administration bond .. .. .. .. .. .. .. .. 170 5. By officer of provident (or other similar) society .. .. .. .. 172 PART XVIII.— CASES FOR THE OPINION OF COUNSEL. 1. Case 2. Ditto 3. Ditto 4. Ditto 5. Ditto PART XIX.— CERTIFICATES. 1. By a notary that a power of attorney was executed in his presence 2. Of incorporation of building society .. 3. Of registration of alteration of rules of building society 4. Of registration of change of name of building society 5. Of registration of change of principal office of building society G. Of registration of instrument of dissolution of building society 173 174 175 17G 176 178 178 17!) 179 180 180 PART XX. -CONDITIONS OF SALE. 1. Of freeholds. Conditions of sale of the property described in foregoing particulars .. .. .. .. .. .. .. •• 180 2. Memorandum to be appended to conditions .. .. .. .. 190 3. Of freeholds. A shorter form .. .. .. .. .. ■• 191 4. Of freeholds. A concise form .. .. .. .. .. .. 193 TABLE OF CONTENTS. XV PAGE Nos. 5. Of reversionary interests .. .. .. .. .. .. •• 195 G. Of a ship or vessel .. .. .. .. .. •• •• •• 198 7. Of timber 199 8. Ofshares 202 9. Ofpictures 203 10. Ofbooks 204 11. Ditto (short form) 205 12. Of a printer's and publisher's stock -with copyrights 205 13. Sale on usual conditions .. .. .. •• •• •• •■ 20G PART XXI.— CONSENTS. 1. Of proposed new trustee to act . . . . . . . . . • • • 207 2. To entry of satisfaction on a bill of sale .. .. .. .. •• 207 3. To a judge's order for a stay of proceedings .. .. .. .. 208 PART XXII.— CONVEYANCES. 1. Vendor to purchaser in fee .. .. .. .. .. •• •• 209 2. On a sale, the mortgagee joining .. .. .. .. .. •• 210 3. A conveyance by way of settlement of property for benefit of Wesleyan Methodists 211 4. Copyholds — Certificate of charge .. .. .. .. .. •• 213 5. Transfer of certificate of charge .. .. .. .. .. .. 213 0. Notice of right to enfranchise .. .. .. .. .. ..214 PART XXIIL— DECLARATIONS. 1. By solicitor that writ was (or was not) issued by him 214 2. Of names and residences of persons constituting firm .. .. .. 214 3. By lodger that tenant does not own goods .. .. .. .. ..215 4. To accompany application for certificate of incorporation of building society .. .. .. •■ -• •• •• •• •• 21(5 5. In support of an amendment of the rules of a friendly society .. .. 21G G. Similar form in case of a building society -'17 7. As to change of name of building society .. .. .. .. .. 217 8. Verifying statements in an application for direction to transfer stock of building society .. .. .. •• •• •• •• •• 218 9. By officer of provident society accepting transfer of engagements .. 219 10. To accompany instrument of dissolution of building society .. .. 219 11. Of amount of interest (or dividends) to be paid into Court .. .. 220 12. Of life of payee .. .. .. ■• •• •• •• •• 221 13. To obtain remittance by post of money payable under an order of the Supreme Court .. .. .. •• •• •• •• •• 221 14. By parliamentary voter as to his place of abode 222 15. For correcting misdescription in occupiers' or old lodgers' list of parlia- mentary voters .. .. .. •• •• •• •• •• 222 b xvi TABLE OF CONTENTS, Nos. '' Ar ' E 16. For correcting misdescription in list (borough registration) .. .. 223 17. By parliamentary voter of inability to read .. .. .. .. .. 224 18. By candidate of appointment of parliamentary election agent .. .. 225 19. By candidate for parliamentary election as to expenses .. .. 225 20. Same by election agent .. .. .. .. .. .. .. 226 21. Same by parliamentary candidate where nominated or declared in his absence .. .. .. .. .. .. .. .. .. 227 22. Same by candidate at municipal election as to expenses . . . . . . 228 23. By arbitrator or umpire .. .. .. .. .. .. .. 229 24. Similar form under Copyhold Act, 1894 229 25. Of inability to pay debts 229 26. Of identity of various properties .. .. .. .. .. .. 230 27. In support of marital identity and lineage .. .. .. .. .. 233 28. In support of pedigree .. .. .. .. .. .. .. 234 29. Another form 236 30. Ofseisin 236 31. Ofmarriage 237 32. Another form .. .. .. .. .. .. . . . . ■■ 238 33. Another form .. .. .. .. .. .. •• •• 239 34. For verifying a certificate of baptism .. .. .. .. .. 239 35. Another form .. .. .. .. .. .. .. ..240 36. Another form where the original register is lost .. .. .. 240 37. Of the register of births by an elder of a dissenting congregation .. .. 241 38. In proof of heirship 242 39. Of identity and age 24:; 40. As to age for an assurance society .. .. .. .. .. ..244 41. By a declarant as to his own age .. .. .. .. .. .. 244 42. That a particular person is still living .. .. .. .. .. 24."* 43. Of identity of persons 245 44. Of searches for evidence in support of a pedigree .. .. .. .. 246 45. Another form (with list of marriages, baptisms, and burials) . . . . 248 46. As to ownership and title deeds (on the execution of a mortgage) .. 250 47. Of the signing of a notice of dissolution ot partnership .. .. .. 251 48. Of the execution of a deed for changing a surname.. .. .. .. 251 PART XXIV.— DEED POLL. 1. For changing a surname .. .. .. .. .. .. .. 252 PART XXV.— DEMANDS. 1. On plaintiff's solicitor to state whether writ was issued by him or with his authority .. .. .. .. .. .. .. .. 253 2. For statement of names and residences of persons constituting the plaintiff firm .. .. .. .. .. .. .. .. 254 '$. To debtor for payment .. .. .. .. .. .. .. 254 1ABLE OF CONTENTS. Xvii NOS. PAGE 4. To debtor for paj'mcnt — peremptory .. .. .. .. .. 255 5. Same — final .. .. .. .. .. .. .. ., .. 255 6. On behalf of a trustee or executor for payment of a debt being part of the trust estate .. .. .. .. .. .. .. .. 256 7. Offering a fragmental estate to creditors before presenting a bankruptcy petition .. .. .. .. .. .. .. .. .. 25G 8. Of an apology for slander .. .. .. .. .. .. .. 257 9. An apology .. .. .. .. .. ., .. .. .. 257 10. Of payment by mortgagee .. .. .. .. .. .. . .. 258 11. Of return of articles delivered by bailor .. .. .. .. .. 259 12. Another form .. .. .. .. .. .. .. .. .. 259 13. Under a covenant in a farm lease .. .. .. .. .. .. 260 14. By a husband of his children harboured by his wife whilst living apart from him .. .. .. .. .. .. .. .. .. 261 15. Of possession of a house .. .. .. .. .. .. .. 261 16. Of possession of land .. .. .. .. .. .. .. .. 261 17. Of possession pursuant to s. 213 of the Common Law Procedure Act, 1852 262 18. Of possession at the end of a term of years, otherwise double value .. 263 19. Of copy of a warrant— from a constable or gaoler .. .. .. .. 263 20. Of title deeds, and notice of an intended action .. 264 PART XXVI.— DISTRESS. 1. Warrant to distrain for rent .. .. .. .. .. .. .. 265 2. Notice of distress .. .. .. .. .. .. „ mm 267 3. Tenant's consent that possession shall lie continued beyond the period limited by the statute .. .. .. .. .. .. .. 267 PART XXVII.— ELECTIONS. 1. Rules for parliamentary elections .. .. .. .. .. .. 268 2. Nomination paper in parliamentary elections .. .. .. .. 272 3. Same in municipal elections .. .. .. .. .. .. .. 273 4. Affidavit by candidate for election for relief .. .. .. .. 274 5. Affidavit by petitioner of withdrawal of election petition .. .. .. 275 6. Recognizance by surety as security for costs of election petition .. .. 276 PART XXVIII.— ENDORSEMENTS. 1. Of registry of proceedings in bankruptcy .. .. .. .. .. 277 2. On a probate .. .. .. .. .. .. .. .. 277 3. On letters of administration .. .. .. .. .. .. .. 278 4. Of service of writ of summons .. .. .. .. .. .. 278 5. Of a rule, or summons .. .. .. .. .. .. .. 278 6. Of notices 27« XV] 11 TABLE OF CONTEXTS. ffos. 7. Of notices 8. Ditto 9. Of a transfer of an innkeeper's licence 10. Of covenants on deeds P M. I 279 279 279 279 On a document On a deed On a will On a rule On a plan On depositions Another form PART XXIX.— EXHIBITS. (Memoranda of Identity.) 280 280 281 281 281 281 281 PART XXX.— GUARANTEE. 1. For goods supplied to third person 2. For the fidelity of a clerk 3. For advances by a bank 282 282 283 PART XXXI.— HEADINGS. 1 . Of handbills and particulars of sale . . 2. For a steward's or receiver's account 3. As to lifeholds and copyholds 4. For a survey .. 5. For a deed and document reference book C. For an arbitration 7. To petitions 8. To a bill of costs in Chancery Division 9. Ditto in Queen's Bench Division 10. Ditto in bankruptcy 11. Ditto in the House of Lords .. 12. Ditto in the County Court .. 284 .. 287 .. 287 . . 2«7 . . 288 . . 288 . . 288 . . 289 . . 292 . . 292 . . 293 .. 293 PART XXXII.— INTERPLEADER. 1. Affidavit in support of relief by way of interpleader— by a stakeholder .. 295 2. Same — by a sheriff .. .. .. .. 29G 3. 15y claimant in answer to stakeholder .. .. .. .. 297 4. By claimant in answer to sheriff .. .. .. .. ,. ,, 298 TABLE OF CONTENTS. XIX PART XXXIII.— LAND REGISTRY. Land Changes, &c, Act, 1888. PAGK Nos. 1. Application to register writ .. .. .. .. .. •• •• -98 2. Application to register deed of arrangement .. .. .. -• 299 3. Application to register a land charge . . . . ■ • • • • • 300 4. Application for official search .. .. .. •• •• •• 300 5. Requisition for continuance of official search .. .. .. -• 301 Land Transfer Acts, 1875 and 1897. 6. Memorandum on the charges introduced by the Land Transfer Rules and Fee Order, 1903 .. ' 302 7. Application for registration with a possessory title 306 8. Statutory declaration by an applicant for registration with a possessory title 307 9. Application for registration with an absolute title . . . . . . . • 307 10. Form of advertisement in the London Gazette of an application for an absolute title . . . . . . • • • • • • • • • • 307 11. Statutory declaration on completion of an absolute or qualified title (Rule 47) 308 12. Restriction where tenant for life is registered as proprietor . . . . 309 13. The same (a full form) 309 14. Where the trustees of the settlement are entered as proprietors .. .. 309 15. Addition to the above restrictions .. .. .. .. •• •• 310 16. Restriction where land is settled subject to such uses as two persons, entered as proprietors, shall jointly appoint .. .. .. .. 310 17. Restriction where there are no trustees of the settlement and tenant for life is registered as proprietor .. .. .. .. •• •• 310 18. Additional restriction where tenant for life is registered as proprietor and has incumbered his beneficial interest without reserving his right to exercise his statutory powers .. .. 310 19. Restriction on charity land 310 20. Caution (under the 60th section of the Act of 1875) against entry of land on the register .. .. •• •• •• •• •• •■ 310 21. Statutory declaration in support of a caution 311 22. Notice (under the 60th and 62nd section of the Act of 1875) of an application to register land .. .. .. •• •• ..oil 23. Application to withdraw a caution against entry of land on the register .. 312 24. Priority notice for entry of land on the register 312 25. Priority notice in respect of a dealing with registered land or a charge .. 312 26. Instrument of transfer of land .. .. •• •• •• •• 0i - 27. Instrument of transfer of part of the land comprised in a title .. . . 313 28. Instrument of transfer of freehold land to give effect to a settlement, tenant for life to be registered as proprietor old 29. Instrument of transfer of freehold land to give effect to a settlement, trustees to be registered as proprietors - 514 XX TABLE OF CONTENTS. ^"~- FAQ* 30. Instrument of transfer of freehold land to give effect to a settlement, donees of an overriding power of appointment to be registered as proprietors .. .. .. .. .. .. .. ..314 31 . Instrument of transfer of freehold land purchased with capital money liable to be laid out in the purchase of land to be assured to the uses of a settlement, tenant for life, or trustees to be registered as proprietors 315 3*2. The like, the donees of a joint overriding power of appointment being registered as proprietors .. .. .. .. .. .. ..315 33. Instrument of transfer of leasehold land to give effect to a settlement .. 315 34. Instrument of transfer of land without the mines and minerals .. .. 31(3 35. Instrument of transfer of land with certain specified mines and minerals only .. .. .. .. .. .. .. .. .. 31G 36. Instrument of transfer of land, with the mines and minerals, excepting only certain specified mines and minerals .. .. .. .. .. 316 37. Instrument of transfer of the mines and minerals without the land .. 316 38. Instrument of transfer of certain specified mines and minerals without the land .. .. .. .. .. .. .. .. .. 316 39. Instrument of transfer, without the land, of the mines and minerals, except certain specified mines and minerals .. .. .. .. .. 316 40. Instrument of transfer of land in exercise of a power of sale contained in a registered charge .. .. .. .. .. .. ..317 41. Instrument of transfer of leasehold land .. .. • .. .. .. 317 42. Instrument of transfer of land to a company or corporation .. .. 317 43. Instrument of transfer of land for charitable uses .. .. .. .. 317 44. Certificate as to vesting in an incumbent or other ecclesiastical corporation 318 45. The like certificate under the New Parishes Acts ■„ .. .. .. 318 46. The like certificate under rule 149 .. .. .. .. .. .. 318 47. Instrument of transfer of land subject to restrictive conditions under s. 84 of the Act of 1875 313 48. Instrument of exchange .. .. .. .. .. .. .. 319 49. Instrument of partition .. .. .. .. .. .. 319 50. Instrument of charge .. .. .. .. .. .. .. .. 320 51. Instrument of charge by way of annuity .. .. .. .. ..321 52. Instrument of charge to secure future advances .. .. .. 322 53. Application to alter the terms of a charge under s. 9 (5) of the Act of 1897 322 54. Instrument of discharge of registered charge .. .. .. .. 322 55. Instrument of transfer of charge .. .. .. .. .. .. 323 56. Instrument of transfer and discharge . . . . . . . . . . 323 57. Instrument of assent to a devise of land under s. 3 of the Act of 1897 .. 323 58. Instrument of appropriation of land in satisfaction of a legacy or share in residuary estate under s. 4 of the Act of 1897 .. .. .. 324 59. Notice of divesting of the estate of the official receiver or of a trustee in bankruptcy (rule 199) 321 60. Application to enter notice of an estate in dower or by the curtesy .. ;!'_'4 61. Notice of liability to death duty .. .. .. .. .. .. 325 62. Certificate of non-liability to death duty . . . . . . . . . . 325 63. Entry restraining a disposition by a sole surviving proprietor .. .. 325 TABLE OF CONTENTS. XXI Nos. PAG,: 64. Caution (under s. 53 of the Act of 1875) against dealings with registered land or a charge .. .. .. .. •• •• •• •• 325 65. Caution against the registration of a possessory or qualified title, as qualified or absolute . . . . . . • • • • • • • • 326 06. Notice to a person who has lodged a complaint .. .. .. .. 326 67. Application to withdraw a caution . . . . . . . . • • • • 326 68. Inhibition where the incumbent of a benefice is the registered proprietor of land 326 69. Certificate under s. 15 of the Act of 1807 as to a disposition by the incum- bent of a benefice .. .. .. •• •• •• •• 326 70. Application to register a restriction under s. 58 of the Act of 1875, as amended by the Act of 1897 327 71. Application to withdraw or modify a restriction .. .. .. .. 327 72. Land certificate .. .. .. .. •• •• ■• •• 327 73. Authority under rule 286 328 74. Official certificate of result of search . . .. •• 328 75. Summons on application to the Court .. .. •• •• 328 76. Certificate of value .. .. .. .. •• •• ■■ •• 329 77. Certificate of examination of a married woman .. .. .. •• 329 78. Statutory declaration verifying a certificate of examination of married woman .. .. .. .. •• •• •• •• •• 330 79. Solicitor's remuneration .. .. .. .. .. .. 330-337 Middlesex Deeds Act, 1891. 80. Memorial of a deed between parties .. .. .. .. •■ •• 338 81. Memorial of a deed poll .. .. .. .. •• •• •• 340 82. Memorial of a will 341 83. Certificate of satisfaction of mortgage .. .. .. •• ..341 84. Requisition for official search . . . . . . . . • • • ■ • • 342 85. Application .. .. .. •• -• •• •• •• •• 343 86. Declaration attesting execution of instrument and identifying owner (official form) .. .. -• •• •• •• •• •• 343 PART XXXIV.— LEAVE TO DEPEND. 1. Affidavit for obtaining leave under Order IV. to defend an action .. 344 2. Another form .. .. .. .. •• •• •• •• •• **" PART XXXV.— LEGACY AND SUCCESSION DUTY. Ox Deaths ox ok before August 1st, 1894. (A.) Legacy Duty. 1. Form No. 1 — Legacy receipt . . .. .. .. ■• •• •• 351 2. Form No. 2 — Annuity receipt .. .. .. •■ •• ■• 354 3. Form No. 3— Residuary account .. .. .. . • •• •• 357 xxu TABLE OF CONTENTS. (B.) Sucxcssion Duty. Ni>-. PAG1 4. Form No. 4 — For property (absolute) not chargeable by way of annuity .".<',.". 5. Form No. 5 — For life interest (annuity in personal property) .. .. 3GG G. Form No. 6 — On real property (freehold, copyhold, customary leasehold and other hereditaments, whether corporeal or incorporeal) .. .. 3G9 7. Form No. 7 — For second and subsequent instalments of succession duty on real property .. .. .. .. .. .. .. .. 375 On Deaths after August 1st, 1894. 8. Estate duty (Finance Act, 1894), Form C— 1 9. Settlement estate duty — Form C — 2 10. Estate duty on real estate — instalments — Form C — 3 11. Corrective account — Form D — 2 378 383 386 394 PART XXXVI.— LICENCES. 1. To alienate lifeholds and assign leaseholds .. 2. To use a patented invention .. 408 108 PART XXXVII.— MINUTES. 1. Of proceedings at first meeting of creditors in bankruptcy.. 2. Of meeting for receiving resignation of trustee in bankruptcy 411 412 PART XXXVIII.— MORTGAGES. 1. Statutory 2. Statutory transfer 3. Statutory reconveyance 4. To trustees — short form, not statutory 5. Of a ship or share of a ship G. Ditto, to secure account current 7. Transfer of mortgage of a ship 8. Further charge by supplemental deed 9. Reconveyance by supplemental deed 412 413 413 414 4 1 5 41G 41G 41G 417 PART XXXIX— NOTICES. 1. Of claim and of appointment of an arbitrator under The Land Consolidation Act, 1845 .. 2. To arbitrators to appoint an umpire 3. Of change of solicitor .. 4. By solicitor to witnesses 5. By innkeeper of sale of chattels 6. Of dissolution of co-partnership 7. Of the continuation of a business by a surviving partner Clauses 417 418 419 419 420 420 42(1 TABLE OF CONTENTS. XXlll NCS. PAGE 8. By creditor that interest will be claimed .. .. .. .. .. 421 9. To a company to stop transfer of stock or receipt of dividends .. .. 421 10. To a bank for savings of a claim upon a sum invested, and not to pay it over until such claim is satisfied .. .. .. .. .. 422 11. (Preliminary) To creditors to furnish claims against a deceased person .. 422 12. By an executor or administrator to creditors before final distribution of the assets .. .. .. .. .. .. .. .. .. 423 13. To creditors pending an examination action .. .. .. .. 424 14. To claimants other than creditors .. .. .. .. .. .. 424 15. To creditor to prove his claim .. .. .. .. .. .. 425 16. To creditor to produce documents .. .. .. .. .. .. 425 17. To creditors of petition to wind up company . . . . . . . . 42(3 18. Of assignment to trustees for benefit of creditors .. .. .. .. 427 19. Request for issue of bankruptcy notice .. .. .. .. 427 20. In bankruptcy .. .. .. .. .. .. .. 428 21. In Gazette of substituted service of bankruptcy petition 428 22. Of receiving order in bankruptcy . . . . . . . . . . . . 429 23. Of adjudication .. .. 429 24. To creditors of first meeting .. .. .. .. .. .. .. 430 25. To debtor to attend first meeting of creditors . . . . . . . . 430 2(5. Of meeting of creditors .. .. .. .. .. .. .. 431 27. Convening second meeting to confirm composition of scheme .. .. 431 28. To creditors and official receiver of application to Court to sanction com- position or scheme . . . . . . . . . . . . . . 432 29. To creditors of meeting to remove trustee, and to appoint a person to fill the vacancy . . . . . . . . . . . . . . 432 30. Of meeting to be held to appoint new trustee . . . . . . . . 433 31. By trustee of intention to disclaim lease .. .. .. .. .. 433 32. Of intention to declare dividend .. .. .. .. 434 33. Of intention to declare final dividend . . . . . . . . . . 434 34. Of dividend 434 35. To creditors of debtor's application for discharge . . . . . . 435 36. To sheriff of rent due to landlord of execution debtor . . . . . . 436 37. To bailiff of county court of landlord's claim for rent . . . . . . 436 38. To determine a lease pursuant to a proviso therein . . . . . . 437 39. To quit by landlord to tenant from year to year . . . . . . 437 40. „ by tenant to landlord .. .. .. .. .. .. 438 41. To tenant to deliver up possession pursuant to 1 & 2 Vict. c. 74 .. .. 438 42. By executors to quit a farm .. .. .. .. .. .. .. 439 43. To quit by a vendor — on a sale . . . . . . . . . . 439 44. To lessee to repair preparatory to enforcing right of re-entry . . . . 440 45. To repair fences . . . . . . . . . . . . 440 46. To remove windfalls .. .. .. .. .. .. ..441 47. To cut trees overhanging another's premises .. .. .. .. 441 48. Of an anticipated nuisance .. .. .. .. .. .. .. 442 -XXiv TABLE OF CONTENTS. V M,F Nns. 49. To prevent obstruction of a window . . .. .. .. .. I i:i 50. To remove a building encroachment.. .. ..443 51. Notice to remove obstructions and nuisances .. .. ..Ill 52. By an owner to a trespasser not to trespass on land ..444 53. Not to trespass in a garden or on buildings .. .. .. .. 445 54. By a renter of rights of sporting or to trespassers not to trespass .. .. 445 55. Of a reward offered for the apprehension of depredators . ." . . . . 44G 56. Requiring payment of mortgage money .. .. .. .. .. 446 57. Another form .. .. .. .. .. .. 447 58. By mortgagee to tenants not to pay rent to mortgagor 448 59. Of paying off mortgage money . . . . . . . . . . . . 448 60. Of resolution appointing trustees to a friendly society . . 449 61. Of appointment of new trustee of branch of friendly society . . 449 62. To registrar of change of name of building society 450 <'>•'}. Of change of chief office of building society.. .." ..'* .. .. 450 64. Of registry of instrument of dissolution of friendly society . . 451 65. Of proceeding to set aside dissolution of a provident society . . . . 45 1 66. Of parliamentary election .. .. .. .. 4;,] 67. Of municipal election .. .. .. 45;; 68. Of disqualification of parliamentary candidate 4.",4 69. Same of municipal candidate.. .. .. .. .. .. .. 454 70. Of withdrawal by parliamentary candidate . . . . . . . . . . 455 71. Of appointment of election agent 155 72. List of registration forms .. .. .. ... .. .. .. 45G r>.\. Of claim in respect of the occupation franchise, parliamentary and local government (other than lodgers). For parishes not in a parlia- mentary borough . . .. .. .. .. .. .. .. 459 73. Of claim (occupation electors) parliamentary and local government (other than lodgers) (borough registration) 460 74. Of claim (lodgers) in respect of the occupation franchise for parishes not in a parliamentary borough .. .. 160 75. Of claim (lodgers) (borough registration) 463 76. Of objection to be given to overseers (borough registration) .. . . 164 77. Of objection to be given to person objected to (borough registration) .. 465 78. Of objection (occupation franchise) to be given to overseers (for parishes not in a parliamentary borough) .. .. .. .. .. 166 79. Of objection (occupation franchise) to be given to person objected to (for parishes not in a parliamentary borough) 466 80. Of withdrawal of objection, notice to the person objected to (for parishes not in a parliamentary borough) . . . . 467 81. Of withdrawal of objection, notice to the overseers (for parishes not in a parliamentary borough) 468 82. Of withdrawal of objection (borough registration) 468 83. Of withdrawal of objection (borough registration) 469 84. Reviving an objection (borough registration) 46!) 85. By voter of selection in the case of duplicate entries (borough registration) 469 TABLE OF CONTENTS. XXV N08. PAGE 86. Of claim by freeman to be given to the town clerk .. .. .. 470 87. Of claim by liveryman in City of London .. .. .. .. .. 470 88. Of objection to parties inserted in the list of the livery .. .. .. 471 89. Of objection to be given to the Secondaries of the City of London and the clerks of the respective livery companies .. .. .. .. 471 90. Of sale of a copyright .. .. .. .. .. .. ..471 91. Of assignment of a business and book debts .. .. .. .. 472 92. Of assignment of a bond debt .. .. .. .. .. .. 472 93. Of an assignment of a book debt .. .. .. .. .. .. 473 94. Of an assignment of a policy of life assurance by way of mortgage . . 473 95. A short form .. .. .. .. .. .. .. .. .. 474 96. Of an absolute assignment of a policy of life assurance .. .. 475 97. A short form . . .. .. .. .. .. .. .. .. 475 98. Of assignment of an annuity .. .. .. .. .. .. 476 99. Of withdrawal of claim for a life policy .. .. .. .. .. 477 100. Of an equitable charge by way of mortgage .. .. .. .. 477 101. To persons attending an auction of the consequences of purchasing the property offered for sale . . .. .. .. .. .. .. 478 102. By vendor to purchaser to complete a purchase, preparatory to com- mencing an action for specific performance of a contract .. .. 47* 103. Of change of surname .. .. .. .. .. .. .. 480 104. To poor law guardians of the readiness of a husband to support his deserting wife and children on her returning with them, to cohabita- tion 4*1 PART XL.— PETITIONS. 1. In bankruptcy by debtor .. .. .. .. .. .. .. 482 2. In bankruptcy by creditor . . . . . . . . . . . . . . 482 3. By creditor for administration in bankruptcy uf estate of deceased debtor 484 4. For obtaining a licence for a K.C. to defend a prisoner .. .. .. 485 5. By the widow of a bastard who dies intestate, for the portion of his estate which devolves to the Crown .. .. .. .. .. .. 185 PART XLL— POWERS OF ATTORNEY. 1. For use in foreign countries .. .. .. .. .. .. .. 1*7 2. Statutory declaration of the due execution of the foregoing power uf attorney . . . . . . . . . . . . . . . . . . 488 3. The mayor's jurat thereto . . . . . . . . . . . . . . 489 4. Notary's certificate .. .. .. .. .. .. 490 5. Merchants' certificate . . . . . . . . . . . . . . 490 6. For receiving a legacy abroad . . . . . . . . 49 1 7. For the general management and sale of property abroad .. .. .. 492 8. For acting under Copyhold Act, 1891 493 9. Affidavit of the due execution of power of attorney .. .. .. 493 XXVI TABLE OF CONTENTS. N'us. 1. Oath for an executor PART XLII.— PROBATE. PAGE 404 PART XLIII.-PROMISSORY NOTES. 1. Payable on demand .. 2. At sight 3. Payable at one time . . 4. By instalments 5. To secure a floating balance 496 497 497 497 498 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. PART XLIV.— PROPOSALS. AYith a view to a sale.. For mortgage of a freehold estate For mortgage of a house For mortgage of houses and buildings On application for loans on mortgage (if freehold) . . On application for loans on mortgage (if copyhold) Ditto (if lifehold) Ditto (if leasehold) .. Particulars for letting a mansion Of terms for repairs, &c. Form of voting paper — Public Libraries Act 498 499 500 501 502 502 503 503 503 504 505 PART XLV.— PROTESTS. 1. A bill of exchange or promissory note where no notary public available 2. On payment of money . . 505 500 PART XLVL— RECEIPTS. 1. For a debt 2. For debt and costs recovered in an action .. 3. For rent 4. For interest 5. For dividends under deeds of composition 6. To be given by building society to revest estate in the mortgagor 7. To be indorsed on mortgage by friendly or provident society 8. By sheriff for purchase money of goods seized 9. For debts due from a deceased person 10. For debt discharged by bills of exchange 11. For a debt due on a promissory note and balance of account 12. A witness's receipt 506 507 507 508 508 508 509 509 509 510 510 510' TABLE OF CONTENTS. XXV11 NOS. PAGE 13. For money payable under a policy of assurance .. .. .. ..oil 14. For a debt secured by a warrant of attorney .. .. .. .. 511 15. For a specific sum in satisfaction of an order in bastardy .. .. .. 512 PART XLVII.— REGISTER. 1. Of mortgages .. .. .. .. .. .. .. .. .. 513 2. Of muniments .. .. .. .. .. .. .. .. .. 514 3. Of fire insurance .. .. .. .. .. .. .. .. 515 4. Of life insurances to be effected .. .. .. .. .. .. 515 PART XLVIII.— REMOVAL OF JUDGMENT. 1. Affidavit in support of an application for removal of a judgment or order 51G PART XLIX.— RESOLUTION. 1. At second general meeting of creditors of bankrupt .. .. .. 517 2. Resolution of directors at first board meeting adopting preliminary agree- ment .. .. .. .. .. .. .. .. 517 PART L.— RESTRAINING ORDER. 1. Affidavit for grounding a restraining order on stock .. .. .. 518 PART LI— RETAINER. 1. Of solicitor by plaintiff .. .. .. .. .. .. 519 2. Shorter form for plaintiff .. .. .. .. .. .. 520 3. Short form for defendant .. .. .. .. .. .. .. 520 PART LIL— REVIVAL. 1. By landlord and tenant of an agreement avoided by bankruptcy or non- performance .. .. .. .. .. .. .. ..520 PART LIIL— SCHEDULE. 1. Of title deeds and undertaking .. .. .. 521 2. Of deeds comprised in an abstract of title .. .. .. .. .. 523 PART LIV.— STAMPS. 1. Memorial for having a deed stamped without penalty after time expired, or after alteration in the date . . . . . . . . . . . . 524 2. Declaration to accompany the above . . .. .. .. .. ., 525 XXVI 11 TABLE OF COX TEXTS. Xos. r\c.p. '.'>. Another form .. .. .. .. .. .. .. .. .. 525 4. Declaration as to the alteration of the date of a deed previously to its being stamped .. .. .. .. .. .. .. .. :V239 540 PART LVIII.— VALUATIONS. 1. Of freeholds 2. Of copyholds .. 3. Of leaseholds .. 4. Of a life policy . . 5. Of personal property . . 541 541 542 542 543 PART LIX.— WARRANTS OF ATTORNEY. 1. To confess judgment .. .. .. .. .. .. .. .. r,44 2. Defeazance thereon .. .. .. .. .. .. .. .. 545 3. Defeazance on warrant of attorney for securing payment of bills of exchange 54G 4. Affidavit of execution of warrant of attorney .. .. .. „ 547 PART LX.— WILLS. 1. Affidavit by an attesting witness of the due execution of a will or codicil dated after December 31, 1837 548 2. Affidavit by an attesting witness verifying alterations in a will before execution.. .. .. .. #< ># _ # n ># 548 TABLE OF CONTENTS. XXIX Nos. 3. Affidavit by an attesting witness as to alterations made i execution thereof 4. Affidavit by an executor as to plight and condition anil finding of a will ">")() 5. Affidavit of the execution of a will by a marksman .. .. .. 550 G. Affidavit by handwriting .. .. .. .. .. 551 Appendix of Official Forms .. Index a will after the 549 563 PRACTICAL FORMS. PART I.— ACKNOWLEDGMENTS. No. 1. Of a Deed by a Married Woman (a). This Deed was this day produced before me, and acknowledged by (christian name), the wife of (name in full of husband) therein (a) By the Rules of December, 1882, under the Fines and Recoveries Act, 1833, and the Conveyancing Acts, 1881 and 1882, the practice in respect of these acknowledgments has been altered, the certificate and affidavit rendered unnecessary, and all the forms, but one, abolished. Only one Commissioner is required, but he must not be "interested or concerned" in the transaction giving rise to the acknowledgment (rule 1), though the deed will not be impeach- able on that ground only (s. 7, sub-s. 3 of the Act). Neither the husband nor the solicitor "concerned in the transaction " must be present when the acknow- ledgment is taken (r. 2). The memorandum of acknowledgment is slightly altered from that in use under s. 84 of the Fines and Recoveries Act, but it may still be placed in the margin, at the foot, or at the back of the deed (r. 3). By these alterations, not only will the difficulty of getting, in small country towns, two Commissioners together, be avoided, but a considerable saving of expense will be effected, though difficulty may arise, if the deed containing the memorandum indorsed and signed by the Commissioner be lost, and the Commissioner dead. The following are the questions to be put by the Commissioner to the party making the acknowledgment, being first satisfied that she is of full age, and of competent understanding : — ■ 1. Do you acknowledge this deed (producing it) to be your act and deed ? 2. Do you know that it is intended to pass all your estate and interest in the property therein comprised ? 3. Do you freely and voluntarily give up such your estate and interest therein, without having any provision made for you in lieu of, or in return for, or in consequence of your so giving up your interest in such estate ? If a provision has been made, the following question must then be put : — ■ 4. What is the provision which has been made for you in lieu of, or in return for, or in consequence of your so giving up such your interest in the said estate ? And then the Commissioner must not take the acknowledgment " until he is satisfied that such provision has been actually made by some deed or writing produced to him; or, if such provision shall not have been actually made before, then he shall require the terms of the intended provision to be shortly reduced into writing, and shall verify the same by his signature in the margin, or at the foot, or at the back thereof " (r. 2). The party making the acknowledgment may reside in any other county than that in which the property respecting which it is made is situate, and for which B 2 PRACTICAL FORMS. named, to be her act and deed (h) previous to which acknowledg- ment (c) the said {christian name of wife) was (d) examined by me separately and apart from her husband (e) touching her (/) know- ledge of the contents of the said deed, and her (/) consent thereto, and (efore me, (Signature.) A Commissioner, &c. (as in (Form Xo. 2.) No. 4. Of Registry of a Friendly Society (fh< r pt rson) by the captain — or, by one A. B., one of the crew on board the said ship. (j) Omit this clause for use in Principal Registry. PRACTICAL FORMS. 1 1 not amount in value to the sum of pounds (t) to the best of my knowledge, information, and belief. (Deponent.) Sworn (u) at , in the county of , this day of , 19 , Before me, (Signature.) A Commissioner, &c. (as in Part I., Form No. 2). No. 2. Oath for an Administrator with the Will annexed (v). In the, &c. (as hi preceding form). I (the deponent),, of, &c, Gentleman (w), make oath and say (r) : That I believe the paper writing (y) hereunto annexed and marked by me (z) to contain the true and original last will and testa- ment (a) of (the testator) (b) late of, &c. (c), Maltster, deceased; And that (the executor), the sole (d) executor named therein, survived the deceased, and is since dead, without having taken Probate (t) Here insert the gross amount of the assets as shown in the account annexed to Form No. 3, post. (/() If more than one deponent, both or all must be named. For the form see," post, title Affidavits. It may be sworn before the Registrar or a Com- missioner to Administer Oaths in the Supreme Court. (v) See No. 4 of the principal registry, and No. 5 of the district registry forms in non-contentious business. (tu) See n. (m), p. 9. (x) See n. (n), p. 9. (i/) Or, — paper writings. (2) The administrator must mark the will and codicils (if any) by signing his name on them, and the Commissioner, or other person who administers the oath, must also mark the will and codicils (if any) by signing his name, but no form of certificate is necessary. (a) Or (if so)— the last will and testament with codicils. (/>) Or, — testatrix. (c) See n. (0), p. 9. (d) Or, — one of the exeoutors — or, widow, and relict of the said deceased, one of the executors and universal — or, if there be a direction to pay debts, which makes the bequest residuary, instead of the word "universal," substitute the word residuary — legatee named in the said will, has died without having taken upon herself the probate and execution of the said will ; That, G. W., the other executor named in the said will, has by an instrument bearing date, &c, renounced the probate and execution of the said will ; That I am the sole executor of the said R. B., deceased (by the authority of the Probate Division of the High Court of Justice); That I will faithfully administer (as above). Or, —That the said deceased did not in his will name any executor— or, That (the iridoiv) the lawful widow and relict of the said deceased, and (if so) the residuary legatee for life named in the said will, has by an instrument in writing under her hand, dated the day of 18 — , renounced all her right and title to the letters or administration with the said will annexed of the personal estate and effects of the said deceased; That I am the natural and lawful son [or, — daughter] of the said deceased, and (if so) the residuary legatee substituted in the taid will: And that I will, &c. (as above). 12 PRACTICAL FORMS. thereof (or, as the case may he; And that I am the (e) residuary legatee | in trust] named therein (or, as the fact may be) ; And that I will well and faithfully administer the personal estate and effects of the said deceased by paying h — just debts and the legacies con- tained in the said will (/) and distributing the residue of h — estate according to law ; That I will exhibit a true and perfect inventory of all and singular the said personal estate and effects and render a just and true account thereof whenever required by law so to do; That the testator died at , aforesaid, on the day of , 19 — (g) ; that at the time of h — death the said deceased had a fixed place of abode at within the district of (//) ; And that the whole of the personal estate and effects of the said deceased does not amount in value to the sum of pounds (li) to the best of my knowledge, information, and belief. Sworn, &c. (as in the preceding form). (Signature.) No. 3. Forms in use for the payment of Death Duties. Estate Duty under the Finance Acts, 1894 to 1900. [ Where the Deceased died at any tune after the 1st August, 1894.] No. 18. B — 2. Inland Revenue Affidavit for Probate or Administration : To be used where there is no Settled Property, and the gross principal value of the free and other unsettled property, Real and Personal, in respect of which Estate Duty is leviable on the Death of the Deceased, does not exceed £500 (except where the gross value exceeds £100 but the net value does not exceed £100), and, if any Estate Duty is payable thereon, it is desired to pay the fixed duty of 30s. or 50s. Note. — Where in the circumstances of the case the ml valorem Ksbite Duty in respect of the net Estate is less than the fixed duty, and it is desired to pay the smaller duty, the Form A — 4, A — 6, or A — 3, whichever is appropriate, should be used, and not the Form B — 2, or B — 3. B— 3. Ditto: To be used instead of the Form 13— 2, where there is settled property in addition. No. 24. Summary of Duty and Interest ; to accompany Form i > ° 1> — O. A — 4. Inland Revenue Affidavit for Probate or Administration : To be used where the property in respect of which < ) Insert the relationship to the deceased, if any. ( /) Add (if any) — and codicils. (4, in respect of which property Probate, Inventory, or Account Duty has been paid, or is payable, unless in either case the deceased, at the time of his death, or at any time since the will or disposition took effect had been competent to dispose of the property. [Sec sec. 21 (1).] 24. Estate Duty is not payable upon any advowson or Church patronage unless and until the same is sold. [See sec. 15 (4).] 25. Estate Duty is not payable where a settlor, who is tenant for life, accprires by the death, on or after the 1st July, 1896, in his PRACTICAL FORMS. 21 own lifetime, of a subsequent limited owner under the settlement, the immediate reversion, or an absolute power to dispose of the whole property. [See Finance Act, 1896, sec. 14.] 26. Estate Duty is not payable where property reverts to a Reverter to settlor in his lifetime on the death, on or after the 1st July, 1890, scttlor - of a limited owner under the settlement, and no other interest is created by the settlement, unless the limited owner had, prior to the disposition, been competent to dispose of the property. [See Finance Act, 1896, sec. 15 (1), (2), and (3).] 27. Estate Duty is not payable where the deceased was entitled Husband anil in right of his wife to the rents of her real estate, and by his death, w e " on or after the 1st July, 1896, she becomes entitled to the property in virtue of her former interest. [See Finance Act, 1896, sec. 15 (4).] 28. The Treasury may remit the duty on such pictures, prints, Gifts to nation, books, manuscripts, works of art, or scientific collections, as etc - appear to them of national, scientific, or historic interest, and given for national purposes, or to any University, or to any County Council or Municipal Corporation. [See sec. 15 (2).] 29. Objects of national, scientific, or historic interest, admitted Objects of by the Treasury to be such, passing on a death on or after the 1st national interest. July, 189(1, and settled so as to be enjoyed in succession in kind only, are not to be charged with Estate Duty until they are actually sold, or are in the possession of some person competent to dispose of them. [See Finance Act, 1896, sec. 20 (1).] 30. Where a husband or wife is entitled, either solely or jointly with the other, to the income of any property settled by the other under a disposition which has taken effect before the 2nd August, 1894, and on his or her death the survivor becomes entitled to the income (as distinguished from the capital) of the property settled by such survivor, the Estate Duty is not payable in respect of that property until the death of the survivor. [See sec. 21 (5).] 31. If the Estate Duty has already been paid in respect of the Estate duty not settled property since the date of the settlement, neither it nor *^' ce P^f ble i m i -r-i -r^,- • it- i ±i r under same the Settlement Estate Duty is again payable m respect thereof, settlement, unless the deceased was, at the time of his death, or had been at any time during the continuance of the settlement, competent to dispose [see sec. 22 (2) (a)] thereof [see sec. 5 (2)], and unless the deceased, if on his death subsequent limitations under the settlement take effect in respect of such property, was mi juris at the time of his death, or had been sui juris at any time while so competent to dispose of the property. [See Finance Act, 1898, sec. 13.] 32. In the case of settled property where the interest of any Wbere interest person under the settlement fails or determines by reason of 1 11S poslessiC^arjd death before it becomes an interest in possession, and subsequent settlement limitations under the settlement continue to subsist, the property continues. is not deemed to pass on his death. [See sec. 5 (3).] 33. (1) For determining the rate of Estate Duty to be paid in Aggregation, respect of any property passing on the deceased's death, all property si > passing, in respect of which Estate Duty is leviable, is to be aggregated so as to form one estate, and the duty is to be levied at the proper rate on the principal value thereof. Provided that any property so passing in which the deceased never had an interest, or which, under a disposition not made by the deceased, passes immediately on the death of the deceased to some person other than the wife or husband or a lineal ancestor or descendant of the deceased, is not to be aggregated with any other property, but is to be an estate by itself, and the Estate Duty is to be levied Estate by its. if. at the proper rate on the principal value thereof, but if any benefit under such a disposition is reserved or given to the wife or PRACTICAL FORMS. Gifts to nation. Objects of national interest, & ttlement < state duty. husband or a lineal ancestor or descendant of the deceased, such benefit is to be aggregated with property of the deceased for the purpose of determining the rate of Estate Duty. [See sec. 4.] (2) But where the deceased died <>n or after the &th April, 1900, the exclusion of property from aggregation under sec. 4 of the Finance Act, 1894, no longer has effect, except as regards property in which the deceased never had an interest. [See Finance Act, 1900, sec. 12 (1).] (3) Settled property, however, where the disponer died on or before the 1st August, 1894, and such property, if he had died after that date, would have been chargeable with Estate Duty on his death, is only to be aggregated on a death on or after the 9th April, 1900, to a limited extent. The rate of duty upon such settled property, treated as an "estate by itself," or upon any other property aggregable therewith, by force of sec. 4 of the Finance Act, 1894, as amended, is not to be enhanced, by reason of such aggregation, more than one-half per cent. [See Finance Act, 1900, sec. 12 (2).] For a definition of " Settled Property " see clause 37 (3) below. Property over which the deceased had, and exercised by will, an absolute power of appointment, where by default of appointment his estate would not be entitled, is not the less ' ' Settled Property " because of such power, and its exercise. (4) Where an interest in expectancy in settled property has, before the 9th April, 1900, been bond fide sold or mortgaged for full consideration in money or money's worth, then no other duty on such property is to be payable by the purchaser or mortgagee when the interest falls into possession on a death on or after the 9th April, 1900, than would have been payable if the law as to aggregation had not been amended. [See Finance Act, 1900, sec. 12 (1) (proviso).] 34. Where the net value of the property, real and personal, on which Estate Duty is payable on the death of the deceased, where the death occurs at any time after the 1st August, 1894, exclusive of property settled otherwise than by the will of the deceased, does not exceed £1000, such property is not to be aggregated with any other property, but is to form an estate by itself. [See sec. 16 (3).] 35. Gifts of pictures, prints, books, manuscripts, works of art and scientific collections, of national, scientific, or historic impor- tance, given for national purposes, or to any University, or to any County Council or Municipal Corporation, the Estate Duty whereon has been remitted by the Treasury, are not to be aggregated with any other property. [See sec. 15 (2).] 36. Objects of national, scientific, or historic interest, admitted by the Treasury to be such, passing on a death on or after the 1st July, 1896, and settled so as to be enjoyed in succession in kind only, are to form an "Estate by itself." [See Finance Act, 1896, sec. 20 (l).l 37. (1) Where property, in respect of which Estate Duty is leviable, is settled by the will of the deceased, or having been settled by some other disposition passes under that disposition on the death of the deceased to some person not competent to dispose [see sec. 22 (2) (a)] of the property, a further Estate Duty called "Settlement Estate Duty" is leviable upon the principal value of the settled property, except where the only life interest in such property, after the deceased's death, is that of the husband or wife of the deceased [see sec. 5 (1) (a)], or Avhere the disposition took effect before the 2nd August, 1894 [see sec. 21 (1) (4) ], or, under the deceased's will, where the net value of the property in respect of wliich Estate Duty is leviable on the death of the deceased, PRACTICAL FORMS. 23 exclusive of property settled otherwise than by the deceased's will, does not exceed £1000. [ See sec. 16 (3). ] (2) Where on a death on or after the 1st July, 1898, Settlement Estate duty is paid in respect of any property contingently settled, and it is therefore shown that the contingency has not arisen, and cannot arise, the said duty paid in respect of such property is to be repaid. [See Finance Act, 1898, sec. 14.] (3) "Settled Property" is property comprised in a "settle- ment" [see sec. 22 (1) (h)], and a "settlement" is any instrument which is a settlement within the meaning of sec. 2 of the Settled Land Act, 1882, or if it related to real property would be a settle- ment within the meaning of that section, and includes a settlement effected by a parol trust. [See sec. 22 (1) (i).] 38. Settlement Estate Duty leviable in respect of Personal Pro- perty settled by the deceased's will (unless the will contains an express provision to the contrary), is, where the deceased died on or after the 1st July, 1896, to be payable out of the settled property in exoneration of the rest of the deceased's estate. [See Finance Act, 1896, sec. 19 (1).] 39. Where lands or chattels are so settled by Act of Parliament Crown entails, or Royal grant that no one of the persons successively entitled can alienate the same, the Settlement Estate Duty is not payable. [See sec. 5 (5).] 40. The ad valorem stamp duty (if any) charged on a settlement Deduction of may be deducted from the Settlement Estate duty payable there- on™tUment a,d under [see sec. 5 (4)], but the settlement must be produced in support of the deduction. 41. The Executor of the deceased is to pay the Estate Duty in Accountable respect of all personal property, wheresoever situate, of which the Executor, deceased was competent to dispose [see sec. 22 (2) (a)] at his death, except [see Finance Act, 1896, sec. 20 (2)] such objects of national, etc., interest as ai*e within clause 29 above, on delivering the Inland Revenue Affidavit, and may pay in like manner the Estate Duty on any other property passing on such death, which by virtue of any testamentary disposition of the deceased is under the control of the executor, or in the case of property not under his control, if the persons accountable for the duty thereon request him to make such payment. [See sees. 6 (2) and 8 (3).] The Executor is not liable for any Estate Duty in excess of the assets which he has. X'eceived as Executor, or might, but for his own neglect or default, have received. [See sec. 8 (3).] Settlement Estate Duty leviable in respect of Personal Property, settled by the deceased's will, is to be collected upon an Account to be delivered by the Executor within six months after the death. [See Finance Act, 1896, sec. 19 (2).] 42. Where property passes on the death of the deceased, and his Other persons Executor is not accountable for the Estate Duty thereon, every acco person to whom any property so passes for any beneficial interest in possession, and also, to the extent of the property actually received or disposed of by him, every trustee, guardian, committee or other person in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom the same is vested in possession by alienation or other derivative title, is accountable for the Estate Duty on the property. [See sec. 8 (4).] Such objects of national, &c, interest as are within clause 29 above are to be accounted for by the person who sells them or becomes competent, to dispose of them. [See Finance Act, 1896, sec. 20 (2).] 43. A bond fide purchaser for valuable consideration without Purchaser w'.thr notice is not liable to or accountable for duty. [See sec. 8 (18).] 24 PRACTICAL FORMS. An Account to be delivered. Principal value. Agricultural props- rty. Cesser of an interest. Crown entails. Administration expenses of pro- perty out uf the United Kingdom. Foreign duty. Income and interest. Funeral expenses ui '1 debts. Debts in respect whereof 44. Estate Duty, so far ;is not paid by the Executor, is collected upon an Account setting forth the particulars of the property. It is to be delivered to the Commissioners of Inland Revenue within six months after the death by the person accountable for the duty [see sec. C (4)] ; except in the case of such objects of national, &c, interest as are within clause !"•> above, the account whereof is to be delivered within one month of a sale, or within six months of their coming into possession of some one competent to dispose of them. [See Finance Act, 1896, sec. 20 (2).] 45. The principal value of any property is the price which, in the opinion of the Commissioners, such property would fetch if sold in the open market at the time of the deceased's death. [See sec. 7 (5).] Provided that in the case of any agricultural property, where no part of the principal value is due to the expectation of an increased income from such property, the principal value shall not exceed twenty-five times the annual value, as assessed under Schedule A of the Income Tax Acts, after making such deductions as have not been allowed in that assessment, and are allowed under the Succession Duty Act, 1853, and making a deduction for expenses of management not exceeding five per cent, of the annual value so assessed. [See sec. 7 (5).] 46. The expression "agricultural property," means agricultural land, pastures, and woodland, and also includes such cottages, farm buildings, farm houses, mansion houses (together with the lands occupied therewith) as are of a character appropriate to the property. [See sec. 22 (1) (g\] 47. The value of the benefit accruing or arising on the death of a deceased person from the cesser of an interest in any property is the principal value of the property where the interest extended to the whole income of the property, but where it extended to less than the whole income it is the principal value of an addition to the property equal to the income to which the interest extended. [See sec. 7 (7).] 48. Where lands or chattels are so settled by Act of Parliament or Royal grant that no one of the persons successively entitled can alienate the same, the property passing on the death of any person in possession thereof is the interest of his successor, and the value is the life interest value as for Succession Duty. [See sec. 5 (5), and the Succession Duty Act, 1853 (16 & 17 Vict. c. 51), sec. 21.] 49. Where the Commissioners are satisfied that any additional expense in administering or in realizing foreign property has been incurred by reason of the property being situate out of the United Kingdom, an allowance for such expense not exceeding 5 per cent. on the value of the property is made. [See sec. 7 (3).] 50. Where the Commissioners are satisfied that by reason of the deceased's death any duty in respect of foreign property is payable in the country where the property is situate, an allowance of the amount of the duty is made from the value of the property. [See sec. 7 (4).] 51. Every estate is to include all income upon the property included therein down to and outstanding at the date of the deceased's death. [See sec. 6 (5).] 52. Allowance against the gross principal value of an estate is made for reasonable funeral expenses and for debts and incumbrances (including mortgages or terminable charges [see sec. 22 (1) (k)]) incurred or created by the deceased bond fide for full consideration in money or money's worth wholly for his own use and benefit, and which take effect out of his interest. [See sec. 7 (1) (a).] 53. No allowance can be made for any debt in respect whereof there is a right to re-imbursement from any other estate or person PRACTICAL FORMS. 25 unless such re-imbursement cannot be obtained. [Sec sec. 7 re-Jmburseini nt /2. The Estate Duty due upon an account of real property may, at the option of the person delivering the account, be paid by eight equal yearly instalments or sixteen half-yearly instalments, with interest at the rate of 3 per cent, per annum from the date at which the first instalment is due, and the first instalment is to be due at the expiration of twelve months from the death, and the interest on the unpaid portion of the duty is to be added to each instalment and paid accordingly, but the duty for the time being unpaid, with such interest to the date of payment, may be paid at any time, and, in case the property is sold, is to be paid on completion of the sale, and if not so paid, is to be duty in arrear. [See sec. 6 (8).] th April, 1900, where the disponer died on or before the 1st August, 1894, and such property, if he had died after that date, would have been chargeable with Estate Duty on his death, the amended law as to aggregation, stated in clause 33 (3) above, may result in the rates of duty on the settled property, treated as an "estate by itself," and on property aggregable therewith, being raised one half per cent., except in the case of the 8 per cent, rate, which cannot be raised. In result, four new rates of duty, viz., J, H, 2J, and :!}, per cent, are chargeable, in appropriate circum- stances in place of 0, 1 , 2, and 3 per cent. 71. The rate of the Settlement Estate Duty is 1 per cent. [See sec. 17.] 72. (1) In ascertaining the value of an Estate, whether an Fractions of £ioo aggregated "one Estate" or an "Estate by itself," as the case cap may be, for the purpose of determining under sec. 4 of the Act of 1894 the rate of Estate Duty chargeable, and the principal value Kate of Settle- ment estate duty. 28 PRACTICAL FOB MS. upon which the duty at such rate is to be charged, the following adjustments arc, where the deceased died before the 9tb APRIL, 1900, to be made : — (2) Where the deceased died before the Ut July, 1896 :- Any fraction of £10, in excess of £10, or of any multiple thereof, in the aggregated "one Estate"or "Estate by itself," as the rase may be, is to be increased to £10. [See sec. 17.] So that an Estate of £10,090 would 1)0 treated as U0, KM), and the rate of duty would be 4 per cent., and the amount £404. An Estate of £199 would be treated as £200, and would pay £2. (3) Where duty is paid in respect of real property as well as personal property, on one affidavit or account, and there is an odd fraction of £10 in the respective capitals, and the two fractions together exceed £10, each class of property should be increased to the next multiple of £10. Thus Personal £1482 and Real £929 (aggregate £2411) should be treated as Personal £1490 and Real £930, and Personal £1489 and Real £922 (aggregate £2411) should also be treated as Personal £1490 and Real £930. Where, how- ever, the two fractions together do not exceed £10, whichever of the two classes of property has the larger fraction of £10 should be increased to the next multiple of £10, whilst in the other class of property the fraction should be disregarded. Thus, Personal £1482 and Real £920 (aggregate £2408) should be treated as Per- gonal £1480 and Real £930. Whilst Personal £1486 and Real £'.»22 (aggregate £2408) should be treated as Personal £1490 and Real £920. (4) Where the deceased died ox or after the lstJidy, 1896, /<"/ before the 9th April, 1900 : — Any fraction of £100 in excess of £100, or of any multiple thereof, in the aggregated "one Estate'' or '* Estate by itself," as the case maj^ be, is to be disregarded, except that where the principal value of the Estate exceeds £100, but does not exceed £200, the Estate Duty is to be £1. [See Finance Act, 1896, sec. 17.] So that an Estate of £10,099 would be treated as £10,000, and the Estate Duty would be at 3 per cent., and would amount to £300. An Estate of' £10,100 would, however, be treated as £10,100, and the rate of duty would be 4 per cent., and the amount £404. An Estate of £199 would by this rule he treated as £100, but it does not thereby acquire Exemption from Estate Duty as not exceeding £100, but pays £1, as stated above. (5) Where duty is paid in respect of real property as well as personal property, on one affidavit or account, and there is an odd fraction of £100 in the respective capitals, and the two fractions together do not amount to £100, each fraction is to be disregarded. Thus Personal £1422 and Real £929 (aggregate £2351) should be treated as Personal £1400 and Real £900. Where, however, the two fractions together amount to or exceed £100, whichever of the two classes of property has the larger fraction of £100 should he raised to the next multiple of £100, whilst in the other class of property the fraction should be disregarded. Thus Personal £1482 and Real £929 (aggregate £2411) should he treated as Per- sonal £1500 and Real £900. Whilst Personal £1429 and Real £982 (aggregate £2411) should be treated as Personal £1400 and Real £1000. ((>) Where, however, the deceased died on or aftek the 9th April, 1900, the Estate Duty is to be levied on the exact net principal value of the estate, both as regards rate and amount of duty, without the exclusion of any fraction of that value. [See Finance Act, 1900, sec. 13 (1).] So that an estate of £10,099 15s. would be treated as £10,099 15s., and the Estate Duty would be at 4 per cent., and would amount to £403 19s. 9-/. PRACTICAL FORMS. 29 73. Where the cross value of the property real and personal on Estates not above which Estate Duty is payable <>n the death of the deceased exclu- *5° 6 ro88 - sive of property settled otherwise than l»y the will of the deceased exceeds £100, but does not exceed £300, a hxed duty of 30s. may be paid, and where it exceeds £300, but does not exceed £500, a tixed duty of 50s. may be paid. [See sect. 16 (1).] Where the hxed duty of 30s. or 50s. has been paid, and it is afterwards dis- covered that the gross value of the property exceeds £500, the ad valorem duty according to the true value is payable, and no allowance can be made for the duty paid at first. But where 30s. has been paid, and it is discovered that 50s. should have been paid, the difference only is payable. [See sec. 10 (1) embodying and extending the Customs and Inland Revenue Act, 1881 (44 Vict. c. 12), sec. 35] Where, however, the deceased died on or after the 1st September, 1903, and the Commissioners are satisfied that there were reasonable grounds for the original estimate of the value of the property, an allowance may be made for the duty paid at first. [See Revenue Act, 1003, sec. 14.] 74. Where the assistance of the local Inland Revenue Officer is Option. not required, the ad valorem duty according to the scale may be paid instead of the fixed duty of 30s. or 50s. [See sec. 16 (2), and sec. 16 (1), embodying and extending the Customs and Inland Revenue Act, 1881, sec. 33.] Where the net Estate is small, it may be found that the ad valorem duty is less in amount than the fixed duty. 75. Where the net value of the property real and personal, on Exemption from which Estate Duty is payable on the death of the deceased, exclu- other duties in sive of property settled otherwise than by the will, if any, of the £iouonet. deceased, does not exceed £1000, and the fixed duty or ad valorem Estate Duty has been paid upon the principal value of that estate, the Settlement Estate Duty and the Legacy and Succession Duties are not payable under the will or intestacy of the deceased in respect of that estate. [See sec. 16 (3).] 76. The Forms in use are : — Forms in use. Affidavits : — B — 2. Inland Revenue Affidavit for Probate or Administration where there is no Settled Property, and the gross principal value of the free and other unsettled property, real and personal, in respect of which Estate Duty is leviable on the death of the deceased, does not exceed £500 (except where the (jross value exceeds £100, but the net value does not exceed £100), and, if any Estate Duty is payable thereon, it is desired to pay the fixed duty of 30s. or 50s. Note. — Where, in the circumstances of the case, the ad valorem duty in respect of the net Estate is less than the fixed duty [see clauses 70 and 72], and it is desired to pay the smaller duty, the Form A — 3, A — 4, or A— 6, whichever is appropriate, should be used, and not the Form B— 2. B — 3. Inland Revenue Affidavit for Probate or Administra- tion, similar to B — 2, but to be used where there is Settled Property in addition. Xo. 24. Summary of Duty and Interest : To accompany Form B— 3. A — 4. Inland Revenue Affidavit for Probate or Administra- tion, where the property in respect of which Estate Duty is payable on the death of the deceased consists exclusively of free personal property situate in the United Kingdom, and passing nailer the deceased's vill or intestacy; except where the net value exceeds £100, but the aross value does 30 PRACTICAL FORMS. Where forms obtainable. Deal lis on or before lt-t ^UgUSt, 1894. I >eli very of affidavits and accounts. not exceed £500, and the fixed duty of 00s. or 50*. is to be paid. No. 10. Summary of Duty and Interest : To accompany Form A— 4. A — (5. Inland Revenue Affidavit for Probate or Administra- tion, where tbe property in respect of which Estate Duty is payable on the death of tbe deceased consists exclusively of free personal and real property situate in the United Kingdom, and passing under the deceased's will or intestacy; except where the net value exceeds £100, but the gross value does not exceed £500, and the fixed duty of 30s. or 60s. is to be paid. No. 17. Summary of Duty and Interest: To accompany Form A— 0. A — 5. Inland Revenue Affidavit for second or subsequent grants, where the property was within the operation of a prior grant. Where it was not so, the same form as for an original grant should be used. A — 3. Inland Revenue Affidavit for Probate or Administra- tion, except where B— 2, B— 3, A— 4, A— 6, or A— 5 is applicable. No. 15. Summary of Duty and Interest : To accompany Form A— 3. D— 1. (In duplicate.) Corrective Affidavit. Accounts : — C — 1. (In duplicate.) Account of property which passed on the death, but the Estate Duty whereon was not paid on the Inland Revenue Affidavit. C — 2. (In duplicate.) Account for Settlement Estate Duty. C — 3. Account for instalments of Estate Duty and Settlement Estate Duty. D — 2. (In duplicate.) Corrective Account. 77- All the forms can be obtained of any Collector of Inland Revenue, or by application to the Secretary, Estate Duty Office, Somerset House, London, W.C. 78. All the forms, except A — 5, can be obtained at any Money Order Post Office outside the Metropolitan Postal District. 79. Where a person dies on or before the 1st August, 1894, duties in force immediately prior to the commencement of the Finance Act, 1894, continue to be payable [see sec. 21 (2)], and the above forms are not applicable. 80. The Inland Revenue Affidavit is to be delivered to the Probate Registrar on application for Probate or Administration. 81. The payment of Estate Duty on Inland Revenue Affidavits for Probate, &c, may be made in any of the following ways : — 1. Personally in Room 25, Accountant General's Department, Inland Revenue, Somerset House, London, W.C. 2. Through the post to the Accountant General (Cashier), Inland Revenue, Somerset House, London, W.C. (a) By cheque drawn in favour of the "Commissioners of Inland Revenue," and crossed "Bank of England. 1 ' (b) Where the duty does not exceed £50, by Free Money Order drawn in favour of the " Commissioners of Inland Revenue," and crossed "Bank of England." These Money Orders can be obtained on production of the Affidavit at any Money Order Post Office. Postmasters are restricted, in the receipt of Estate Duty, to the issue of Money Orders ; they may not otherwise receive the duty, nor may they accept Affidavits for the purpose of having them stamped. PRACTICAL FORMS. 31 3. Afc the Office of any Collector of Inland Revenue. In every case the Affidavit and Warrant must accompany the payment. Where payment of the fixed duty of 30s. or 50*-. is made (see paragraphs 73 and 74), the appropriate Estate Duty stamp must be used and affixed to the first page of the Affidavit. These stamps can be purchased at any Post Office, or at the Office of any Distributor of Stamps. 82. Accounts and corrective affidavits are to be transmitted by Post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked "Account." They will be examined, and instructions as to the amount of duty and how to pay it will be issued. Where duty is to be returned the corrective Affidavit or Account should be accompanied by evidence in support of the claim. 83. The Commissioners may, if they think fit, dispense with an oath in corrections of Estate Duty. [See Finance Act, 1900, sec. J3 (2).] Where duty is to be paid, the Affidavit may, if desired, be transmitted unsworn in the first instance. No. 5. Affidavit for Commissioners of Inland Revenue on Appli- cation for Probate or Administration (/). [For use where the Deceased died at any time after the 1st August, 1894.] Printed hy Authority. Form A — 3. [Affidavit or Affirmation for Inland Revenue.] [Composite A — 1 and A — 3.] Name and address of Solicitor (if any) - . (/) This form should be used in all cases for original Grants of Representa- tion where the Deceased died after the 1st August, 1894, except where the Form B — 2, B — 3, A— 4, or A — G is applicable. B — 2 is for "Estates" not exceeding £500 gross value, where there is no Settled Property, and representation is being obtained under Sec. 16 (1) of the Finance Act, 1894. B — 3 is for "Estates" not exceeding £500 in gross value, where there is Settled Property, and representation is being obtained under Sec. 16 (1) of the Finance Act, 1894. A — 4 is for " Estates " consisting exclusively of free personal property, in the United Kingdom, passing under the deceased's will or intestacy. A — 6 is for ' ' Estates " consisting exclusively of free personal and real property in the United Kingdom, passing under the deceased's will or intestacy. Where ' ' Settlement Estate duty " on settled property is payable [See Clause 37 of the Form A— 2] a separate form (C — 2) is supplied for the payment thereof. OBSERVE. — A paper of instructions (Form A— 2) for the information of the executor is issued with this form. The "Warrant" (Form 15), also issued herewith, should be filled in with a summary of the duty and interest, and be transmitted with this affidavit and the duty. 32 PRACTICAL FORMS. Estate Duty.— Finance Acts, 1894 to 1900 (j ). If communications as to Revenue requirements are to be sent to the Solicitor, the Executors should sign here— (England.) In the High Court of Justice. Probate, Divorce, and Admiralty Division. „. T , . (Probate.) (1^ Insert here \ / " Principal " 01 sssss; k The o re - istr ^ — ESSES? In the estate of deceased. trict. T /2\ (2) Insert here - 1 - \ / the name, ad- ___ dress, and de- Bcription of each person who joins ~ in the affidavit or affirmation. /s\ ma k e oath and say as iollows : — 8ub 3 B titute"do e 1. I desire to obtain a grant of (') SBySS-^'of the above-named of ( 5 ) - - deceased «^robatfo r ftb e e e Wn ° ^ed 011 tlie ^ ° f ' ° nG tn0 . ll S an( l ~ wm," or »Ad- hundred and , aged , at , domiciled in ( 6 ) *£%m££5 that part of the United Kingdom called . -Admta^trkHon 2. The deceased left ( 7 ) husband (or) widow, ■ of the estate," as lawful issue, lawful parent, grandparent 1 (5) a inwrther'e surviving. [A] [no] [all the] child of the deceased 2SK3* ha- attained 21, or, being - — daughter - — , ha- deceased, and his „,: D J /8\ or her personal mariieU ^ ;. . description, as 3. r phe hrst part of the account JNo. 1, hereto annexed, "Spinster," is a true account of the particulars and value, as at the "• widow 6 "'" ° r date of the deceased's death, so far as I have been was domiciled 80 ' 1 able to ascertain the same, of all the personal property rbroadjnsert f the deceased, whether in possession or reversion, SZXgT" within the United Kingdom, exclusive of what the ^X deceased may have been possessed of or entitled to as prov nice, as i>ue j A . .. i j_ • i i * "I case may be, and a trustee and not beneficially, but including personal restofthepak- property over which the deceased had and exercised by gr ( 7? Adapt to will an absolute power of appointment. The gross value ISd strike out thereof, as at the date of the deceased's death, was what is not altogether £ , and ( 7 ) [the whole] ne ( 1) 9 ntne ( 7 ) Part thereof, amounting in value to £ , was moTt'nmonce then situate in England. married, annex a n\ i> ar t thereof, amounting in value to £ , was statement show- \ / , *"•" . ' . ° ing the name of then situate in Scotland. hu'i'maTwife, ( 7 ) Part thereof, amounting in value to £ , was aecwtdrenol^ then situate in Ireland. tllG SCVGl'ill SSfiSS^" (J) The amending Acts are F. A. 1896 (59 & 60 Vict. c. 28) ; them.' ° F. A. 1898 (01 & 62 Vict. c. 10) ; 1900 (63 & 04 Vict. c. 7). PRACTICAL FORMS. 33 4. The first part of the schedule No. 1, hereto annexed, contains a true and particular list of the debts ( 9 ) due (9) see Clauses and owing from the deceased at the time of h — death Fra"-' a'asto to persons resident within the United Kingdom, or due to whax , dt ', bt f m . aj i 1 .i , XT . Tr . J -. Nor be deducted. persons resident out of the united Kingdom, but con- tracted to be paid in the United Kingdom, or charged on property situate within the United Kingdom, with the names and addresses of the several persons to whom the same are respectively due, and the descriptions and amounts of such debts. The second part of the same schedule contains a true account of the funeral expenses of the deceased. 5. The aggregate amount of the debts and funeral expenses in the said schedule No. 1 is £ , which, being deducted from the value of the personal property as specified in the first part of the said account No. 1, reduces such value to the sum of £ . 6. The second part of the account No. 1, hereto annexed, is a true account of the particulars and value, as at the date of the deceased's death, so far as I ■ have been able to ascertain the same, of all the real property, situate in England, ( 10 ) vested in the deceased (io) see ti, • without a right in any other person to take by survivor- Actfis^Iec!' i. ship, including real property over which the deceased ^Te^isT' executed by will a general power of appointment, but January, isos, exclusive of land of copyhold tenure or customary free- should be rap hold where an admission or act by the lord of the omitted - manor is necessary to perfect the title of a purchaser from the customary tenant. The gross value thereof, as at the date of the deceased's death, was altogether 7. The aggregate gross value of the ( n ) estate, which ceased diedtn or by law devolves to and vests in the personal representative f^Mnsirt the y ' of the deceased, for or in respect of which the grant is 3™ ss value of to be made, as at the date of the deceased's death, was estate (First part altogether £ . ^uX^,, 8. ( ia ) The account No. 2, hereto annexed, is a true £K5*5ta3i account of the particulars and gross value, as at the date b ysec i of the of the deceased's death, so far as I have been able Act, 1897 (second to ascertain the same, of all the personal or moveable N r ^°{ ac if de- property of the deceased whether in possession or rever- ^a seddjed6e/or« sion, situate out of the United Kingdom, exclusive of 1393, insert the what the deceased may have been possessed of or entitled the personal to as a trustee and not beneficially, but including the estate only ; personal or moveable property over which the deceased theleceased 6 had and exercised by will an absolute power of appoint- JS^JSffilad ment. Kingdom the 9. ( ia ) The schedule No. 2, hereto annexed, contains and schedule a true and particular list of the debts ( 9 ) due and owing Kied°in! d QOt D 34 PRACTICAL FORMS. (13 d bVnot*" ^ rom th e deceased at the time of h — death to persons created by the resident out of the United Kingdom, other than debts bu7Zr g ed n on lf contracted to be paid in the United Kingdom, or charged wbicuTas rty on property situate within the United Kingdom, which acquired by the have been deducted in the said schedule No. 1, with the deceased subject tit ,. ,1 i . 1 to the mortgage names and addresses ot the several persons to wnom abi P e r o^toi y 8u P ch y " the same are respectively due, and the descriptions and real property. the am0 unts of such debts. The schedule No. 2 contains A mortgage debt ni i»ij.ii created by the also a true statement ol the amount ot any duty payable on^dTrca^pro ." in any foreign country by reason of the deceased's death p s e pa y yabie byhfa in respect of property situate in that foreign country, heir or devisee anc j included in the said account No. 2. Kin g r s Act/' 17 10. The said debts in the said schedules Nos. 1 and 2, *a 8 dStin C ' 113 'are payable by law out of the personal property coni- there?sa f rT b ht h prised in the said accounts Nos. 1 (First Part) and 2 to reimburse- respectively. They were incurred by the deceased bond Snst'not'be fide for full consideration in money or money's worth fgai^uhe 5 wholly for the deceased's own use or benefit. They are personal pro- no ^ nor are ari y f them, debts whicli are primarily pe (u) n there is payable out of any real property ( 13 ) or debts in respect bu r rfemeDt r but" whereof there is a right to reimbursement from any other obSd! aW property or person ("). the paragraph. n. There was ( ld ) other personal property ot ment of which" which the deceased was at the time of h — death com- .'Surety only petent to dispose, within the meaning of the Finance Act, deducted 1 unless 1894, but of which he did not dispose. The particulars the executor has and value thereof as at the date of the deceased's death, al o i 5 d /i P se ( rt t ' so far as I have been able to ascertain the same, is'sofanTstrike 1 are truly set forth in the account No. 3 (a) hereto annexed. om an remainder ]_2. The deceased had ( 16 ) general power to after "nouiis- charge money on real property. The particulars of such P °(i6) insert power are set forth in the account No. 3 (b) hereto add''<°s r '' to ''' or annexed. ••power," as the 13. (") Other property which should be included in ^twreqnire, ^ acCQUnts Nog- ±> % 3 (a), and 3 (b), or in some one or reminder* 1 ! m ore of them, exists, but I do not know the amount paragraph after or va lue thereof. I undertake, as soon as the where it first amount and value are ascertained, to bring in an account TiZfedoTmt thereof, and to pay both the duty thereon for which I refer to the am or may De liable, and any further dutv, deceased'* power i*m- j j J • ' in right of payable by reason thereof, tor which 1 am or Charge money on may be liable on the other property mentioned in this his own real pr> 1 ; + property. aiUUdMl. (17) Strike out paragraph if in- appropriate. PRACTICAL FORMS. 35 14. To the best of my and belief there is ( 18 ) — - - - '-■-'■ 2 f = s B (18) Road the ri:? Observation at u," 5 £ )'• : '- ,; . u5 s ?^ Insert " no" if the fact is - >, and strike out all z. "E r--e= words after ** 8 fe § 5 "deceased." If ^ = S?; there is other - ._• 5 S o property strike i_ .. * = ~ out the words in ifHii ~ £ B 1"we brackets. *J u . — ' J //i(e/' tutus l'iIk ■~ °ja'S 5 within a year of i- . — * deatli are pro- 5 >£ ~ 5 J perty deemed to J* Bj pass iin the r:"o3 death. 5k23o z~ (19) See Clause £ 66 ot i he Form - § S* A— "• If ""' g 5 ~ c duty on the other J ■Jj — ' .2 property is not > 2 -3 i? 2 t0 be paid on this r 7 ~H •§ S, affidavit, do not r ; I J a> " use the accounts 61 a °a a Nos. 4 or 5. S-^ 8 g o (20) See Clause • 3 3 = Ji 3 41 of the Form S.2"S^r guosi-national pur- poses B8 are within the purview of sect. 15 (2) of the Finance Act, 1894. Saleable value of Policies of Insurance and bonuses 3 , Clauses 28 and 35 of (if any) on the life of any person other than value , A nTach S£S* the Deceased, as per statement annexed . . whether the Treasury has (*\ Household Goods, Pictures, China, Linen, Apparel, Books, Plate, Jewels, Carriages, Horses, etc. — If sold, realized gross £ (•"') If unsold, estimated at £ thereon, and if not whether it is intended to apply lor remission. Annex also a schedule of such specific articles settled to be enjoyed in kind in succession by different persons as are within the purview of sect. 20 (1) of the Finance Act, 1896. See Clauses 29 and 36 of Form A— 2. State the value in each case, and whether the Treasury has authorized the application of the sec- tion to them, and if not whether it is intended tj apply for authorization. State also whether the property has yet been sold, or is in the posses- sion of a person now com- petent to dispose of it. (5) If there is a valu- ation, it should be an- nexed. The Commis- sioners reserve the light to require the separate value of each item to be Stock in Trade, Live and Dead Farming Stock, Implements of Husbandry, etc. — If sold, realized gross £ If unsold, estimated at £ Goodwill of Business if taken over at a price ~ If valued according to custom of trade ... ••• ••• £ If neither, estimated at ... £ (viz., years' purchase of net profits). to date of ( s ) Profits of Business from 1 death ... ... ... .... ( r ) Ships and Shares of Ships registered at Ports in the United Kingdom, and Profits of same to date of death, as per statement annexed, ( 8 ) estimated at pictures the names of the The deceased's share in Keal_and Personal Tro (6) State date from which profits are com- puted. (7) A valuation must be aunesed. 1. Particular description 2. Term unexpired at date of death. 3. Gross rents, where let, or if not let, either the gross assessment to pro- perty tax (not tbe reduced assess- ment/or collection of Income Tax, under Finance Act, 1 894, sec. 35) or gross (not rateable) assessment to Poor Rate. 4. The Ground Cent. 5. The nature and amount of the yearly outgoings paid by the lessee as owner. perty as a Partner in the Firm of ■ as per Balance-sheet annexed, signed by the surviving Partners If none, estimated at Leasehold Property (for years) as per detailed de- scription subjoined or annexed — Giving — If sold, realized gross £ If unsold, estimated at £ Le3S ( 9 ) a Mortgage Debt of £ due from the deceased and created by an Indenture dated the day of 1 — , for which the said Leasehold Property is the sole security. («) These words to be Rents of the deceased's own Peal and Leasehold S^Htk^tadS" Property due prior to the death, but not ascertained. received by the deceased, ( 8 ) estimated at ... (9) No mortgage debt Apportionment of the rents of the deceased's Real created or incurred by an( i Leasehold Property to date of death, ( 8 ) estimated at the deceased himself Is Gross principal value at date of death. PRACTICAL FORMS. 39 to be deducted unless such debt was created or incurred bond fide for full consideration in money or money's worth wholly for the deceased's own use and benefit. (10) If the interest was derived under a will, state name and date of death of the deceased ; but if tinder a deed state the date, together with the names and addresses of the trustees, and if the deed has been already produced give the official reference appearing upon it. (11) All interests in expectancy in personal property, whether vested or contingent, should be included, whether or not the property is chargeable with estate duty, on the deceased's death as pass- ing under the earlier disposition. (12) But where the deceased was entitled to the interest expectant upon his own death, or upon the death of another person who survives him, and estate duty is pay- able upon the corpus or the property on the deceased's death, the interest in expectancy is not also chargeable with estate duty on the de- ceased's death as part of his free estate. Although as it is in fact part of his free estate, its value must be looked at for the purposes of the Probate Court The interest in expectancy should be brought into this affidavit, and be taken out again in the Summary (see p. 41). (13) Ao deduction is to be taken here unless Treasury authority has first been obtained. ( I0 ) Income accrued clue, but not received prior to the death, arising from Keal and Personal Property of which the Deceased was Tenant for Life, or for any less period, \\z. : ■ Apportionment of such Income to date of death .: The deceased's Interest ( ll ) expectant upon the death of now aged years, under the Will of proved or under a settlement dated the day of 1 — , and made between (setting out the parties to the Deed) in the Property ( 12 ) set out in the statement annexed, and of which Fund the present Trustees are — ( 10 ) Other Personal Property not comprised under the foregoing heads, viz. : — (a) Gross Personal Property in First Part of Account No. 1 £ N.B. — (a) is the "gross value " which is to be carried to para. 3. (6) Deduct Total of First and Second Parts of Schedule No. 1 £ N.B. — (b) is the "aggregate amount" which is to be carried to para. 5. (c) Net Personal Property iu First Tart of Account No. 1 £ N.B. — (c) is the reduced " value " which is to be carried to para. 5. (-5 = b J _^3 * 2 o 00 S5 *""< P " W o « = ?: y, -~ p4 'C C3 3* 5>£ I S - -w Jd 5 .2 a £>.- 5 s ^ 03 O S u s «a 9 -?« o**5 > -S p<5 £ 'E rid "t5 ■2 5 £ -is - ! 1^ O ^ fc- •73 — g. 5 o = rd o S|- S B C5 o ,— o 5 a 5 c. — .Z «So o ° - - - Tofc p 2 5 g-p-tj — O bO ;-n Is. .3 o .si 5 to 1 3 3 . o >v5 ft->> •" O " e>3 ©o § >> — 1 — I g-oKB g 5 - 1 j — c = i >> - — fe ja K a « 0) o tj £ is Pi 2 c ft. ■> O m T "> c p m a « .= 1 t- a (2 Tl •s 3 V | £ ft i eg 9 O - b, T3 z__Z 5-2 I >>o ffi ,d ci o o C to cq PRACTICAL FORMS. 41 42 PRACTICAL FORMS. J c £> * >£ -g g :n © ■gM P d cS -i-i -^T3 . © ^ >e >> •° a 3 fi - s ^-S" 5g=i 3 O "gH S'l t< © © CO fc ai c3 ^3 JH o :i bo 7. P © _* & rf s o g TS. p _2 T3 ."t: © p S © •"* c P d • s3^ . "S & p i - rrj -+j a; p £ 8/* Q &,© © O S^^ -7^ « © _£ '^ © to| © . "w a a £ bo bo.g p i> p p g © © g © 5 p <=> is i"grt = I £ fc s '5 ' si 8 "o ' '^ u '£ ** °* ''■ ' <- "g s 5 ■= >, • p j5"g g "O — t. «> O Ci c - a S - ~ _ U: "" & 3 £.■§ " ~ PRACTICAL FORMS. 43 O o -3 d "^ s a .9 © ,d o O £ 1 toll o a N . <*> '2 o 2^ S d g eve is i< u ^ a e "S ^^ £*& £§^ 9 cu ? 5 .2- 5o< 5-d^ < WO § fc4 1 £ o a) 'S & 1 OS ■** S3 3 03 'cS 'a -d .2* £ a >-» =rt ■JJ Pi o §< 04 a ■V? «+2 ■:+? ^t? c5 &> • ^a o >» ^ T* *^ ^11 1 d a^~> a O a O t- cc 5 o -IS o g 5 u p.,2 ^^•s

VI II ID O J* ^ d"Sb CD J J3 'S o _5 t/i -? as 1 3 -w C +- +- ^ ^' » £ c O rCS s*<2 Cfi -»- =3 S Ch ^ ) , o S *B . CO k go o 2^3 ■g c 2 ■n +3 V £ 12 "o c is X c "■oj CJ d C >>S >» d .2 g| Soft is C3 5= X d 3 o C X # ^ o > j; ■oSS S r3 I'll Q 2 ft 3 o d I O ^ III o p >. ^ © .d — r 33 tL d 'S [rt rt £ o "S 2 :s a ^3 O /^v -a ©23 •*«• g3 CO cc eo H ? 44 PRACTICAL FORMS. : e OS (-1 o . »S — 5 o o ' c a 3 c A *H ^ a 03 = _ O a o Ph ja £ H - a «* - ,~ °-acc ** 8! -C o S*C r'Po 1 .E ^ •2 S Jj : ^ s. - - C ~ t- .,- a> •- 2 j= •= — is a - 2^ c Z> w *e 3 "^ 5 >-. ■/ ffi ■§ 9 o « S .g^2*a t^;= O'jio •3 ^ ti " s f< t" 1 — Jj bo __ "O a 2 .2 >»S *" 5 2« go 5 »"g "S 1 - 5* — 1- •- — 2 TS oj— _ a — 5 ° = ° c = — "S-S-S ^ 3d ©la S a 2 •?. " -° S '-• ■8* « a 1*5 ag ;!if P C — . • g 3 . ^ £ 6r "2 S bo ^ -Q OS a s Q ,-3 B o Ti >■ 00 B w M S s 00 00 P m es * 5 Tj 00 00 '? C 3! C H 3 ■g A 3 a X "g £ o> * — 43 ^ c3 cs ca c X 7: t, 39 E G|M g ~£ | ^ >1 a. .— s !~ n X 09 -d ^1 5 G -O ci U3 g 7. »s otT 9 O >, 3; £ oa O P p 1 O j^ c ^H 00 * ^ r^ ^T & B O H 1§ s» ca p ^„ "^r It-! W .^ ^ "S n tf ^S > 1j ^» c^ X C3 to :i p. 8! O O OS O -i 09 P- ~s 5 2 a r aa *■ P- Til's to S 3 cj ~ » . < B r-n- tfJ i g ,g ^ -g 4 — •— -^- w D PRACTICAL FORMS. 45 4G PB ACTIO AL FORMS. c - 2 O CO « Sii r^ h : - d &l rH i?»1 l£ i. O *- J 5 * l.t o fc 11|^ '^3 B m •£ P SI ;cs upon the ] t Debts aud I debts on the ion for Edut may be taken o j- cS JO v ^ D as^;s 3 1— »/*3 T3 . 8,2 « 2 6 « ? 5^'"; IS - -»j ir ^ n s> £> S "" _£ ■*! t. COU 2 to otc nd t rope ^o a e a, a o 3 -2 'I l So •o c — ■ ~ = o o 2 a 5 o — - PRACTICAL FORMS. SUMMARY OF AFFIDAVIT. 'I'll is Summary is not on oath, and if wrong may be amended without the Affidavit bein^ resworn. PART I. — The Deceased's Free Property, and Property FULLY Agghegable THEREWITH. (As to Aggregation, see Clauses 33 to 36 of the Form A — 2.) First Table. — For determining rate of Estate Duty. 2S« et value of property. Personal. Heal. I. Personal property [Account Xo. 1 (First Part)] H- * - [ „ „ 2] HI. ,. „ [ „ ., 3(a)] IV. „ „ [ .. „ 3(b)] V. .. „ [ „ „ 4] VI. Real ., [ „ „ 5] £ S. d. — 1 d. VII. Total net values of personal and real pro- perty, respectively, in Accounts Xos. 1 (First Part), 2, 3 (a), 3 (b), 4, and 5 YIII. Deduct value of interests in expectancy in property on the corpus whereof Estate Duty is payable on the deceased's death under the earlier disposition, provided that the property is itself fully aggregaole icith the free property, but not otherwise. [See note (12) at page 33.] Deduct no other interests in expectancy here . — IX. Total net values of personal and real property, respectively, in Accounts Xos. 1 (First Part), 2. 3 (a), 3 (b), 4, and 5, for determining rate of Estate Duty ... X. Add other property fully aggregahle with the free property. [See para. 14 of affidavit, and marginal notes 18 and 1!) on page 35], passing on the deceased's death in respect of which Estate Duty is not to be paid on this affidavit XL Total net values of personal and real pro- perty respectively XII. Carry down into "Personal" column from Xo. XL the total value of real property XIII. Total net value of personal and real pro- perty XIY. This is Xo. XIII., but "adjusted," if I adjustment is necessary. [Read Xote (*)> (see p. 54) j — — — 43 PRACTICAL FORMS. XV. — The appropriate rate of Estate Duty [sec clause 70 of Form A — 2J is per cent. Note.— If deceased died before the 9th April. 1900, the adjusted value at XIV. •determines the rate of duty. If deceased died on 'or after the 9th April, 1000, then if the free and other unsettled property, by reason of its value is an "Estate by itself" [see Clause :il of theFormA -2], the value at XIII. determines the rate of duty. Bui if the free and other unsettled property is not an "Estate by itself," the rate is to he thus arrived at :— (<0 Value at XIIL above (/-) Total value of" settled property" liable to limited aggregation (c) Totals of (a) and (b) (i?) The appropriate rate for (a), treated as an " estate by itself," is —percent. (e) The appropriate rate for (c), treated as fully aggregable property is — per cent. ( f) If (c) exceeds (cZ), (d) is to be raised one- half per cent., and the resulting rate, viz.. percent- is the appropriate rate for («). But if (c) is equal to (d), then (d) is the appropriate rate for (a). Second Table.— For determining value on which Estate Duty or an instalment thereof is to be now paid. Net value of property. XVI. Values as in Xo. VII. above XVII. Deduct value, or a proportion thereof, of interests in expectancy such as are mentioned in note ( 12 ) on page 4, whether the property itself is or is not fully aggregable with the free property, including any deducted at No. Vlll.'above [read note (**) on page 53] XVIII. Balance XIX. Deduct value of other interests in expect- ancy, in respect of which Estate Duty is payable, but is elected to be paid when the interest falls into possession: — I I i Account No. XX. Net values of personal and real property, respectively, for determining amount of Estate Duty XXI.— This is No. XX., but "adjusted," if) adjustment is necessary [read note (*) on P*ge 53] ) Personal. Real. PRACTICAL FORMS. 49 Thiud Tablk. — For determining Amount of Estate Dutv and Interest to be now Paid. A. — Kstate Duty on the net value of the Personal Property (XX.). adjusted (*) if necessary (XXL), at the appropriate rate (XV.) of per cent. Deduct duty payable in any British possession, to which sec. 20 of the Finance Act, 18'J-l, applies by reason of the deceased's death, in respect of property situate in such possession. (The deduc- tion is not to exceed the amount of the Estate Duty to be now paid on the property in respect of which such duty is payable) Net dutv Deduct duty paid or payable, to which sec. 21 of the Finance Act, 1896, applies, in respect of the property. (The deduction is not to exceed the amount of the Estate Duty to be now paid on the property in respect of which such duty has been paid or is payable) Net duty Add 3 per cent, per annum interest thereon, from day after death viz., 1 — , till date of delivery of affidavit, viz., 190 — , both days inclusive, i.e. years and days. Total duty and interest (Personal Property) B. — Estate Duty on the net value of the Keal Property (XX.), adjusted (*) if necessary (XXI.), at the appropriate rate (XV.) of ■ per cent. "Whole duty £ \ Jth or x'g thereof..... £ J [Read note (J) on page 53.] If the deceased has been dead more than a year [read note (§) on p. 53], and the whole duty is to be now paid — Add 3 per cent, per annum interest upon the whole duty, from day after expiration of twelve months after death till date of delivery of affidavit, both days inclusive, i.e. years and But if only the instalments due are to be now paid — Add 3 per cent, per annum interest upon whole duty, from day after expiration of twelve months after death till date when last over- due instalment was payable, both days inclusive, i.e., ■ ■ J ears and months Add 3 per cent, per annum interest upon amount of overdue instal- ments, from day after date when last overdue instalment was payable till date of delivery of affidavit, both days inclusive, i.e. days ... Total duty and interest (Personal and Eeal Property) 50 PRACTICAL FOB MS. TAUT H. — Property not Fully Aggkegable with the Deceased's Free Property. Each '■ Estate by itself," or " Settled Property" liable to limited aggregation, Bliould be separatelj shown. If the Bpaces provided are not sufficient, additional statements in similar form Bhould be annexed. [I. POTJBTH Taui.i . — For determining rate of Estate Duty on an " Estate by itself."' Number of accouut. Whether real or personal. Value of " Estate by itself." Actual. As adjusted (*) where necessary. I. £ s. d. £ The appropriate rate of Estate Duty [see clause 70 of Form A— 2] is . per cent. Note. — if the property passes in equal shares to more than one person, and each share is an "Estate by itself," Tables Fourth and Seventh or Eighth should be filled up in respect of one share only, and the amount of the duty and interest so ascertained in respect df one share should be multiplied by the number of shares to ascertain the total amount payable. Where the shares are unequal, each share should be separately shown. Number of separate " Estates" — Total duty and interest in respect thereof , Fifth Table.— For determining rate of Estate Duty on " Settled Property " liable to limited aggregation. Whether real or Value of " Settled Property." account. personal. Actual. I. £ s. d. II. The appropriate rate of Estate Duty [see clause 70 of Form A — 2] is per cent. Note. — The appropriate rate of Estate Duty at II. above is to be thus arrived at :- £ s. d. (a) The total net principal value of all property liable to Estate Duty on the deceased's death, as disclosed by this affidavit (1>) Deduct the value of any property forming an " Estate by itself" (c) There remains the total value of the property which is liable to either full or limited aggregation (J) The appropriate rate for the " Settled Property," treated as an " Estate by itself," is (e) The appropriate rate for (c), treated as fully aggregable property, is ('/) If (e) exceeds (d), (d) is to be raised one-half per cent., and the resulting rate, viz., is the appropriate rate for the " Settled Property." But if (e) is equal to (d), then (d) is the appropriate rate. per cent. per cent. per cent , PRACTICAL FORMS. 51 Sixth Table. — Fur determining rate of Estate Duty on property which would be fully aggregable with the free and other unsettled property, were not such free and other unsettled property an " Estate by itself." ir. 'No. of Account. Whether real or personal. Value of property. Actual. e. d. As adjusted (*> where necessary. The appropriate rate of Estate Duty [see Clause 70 of Form A — •_'] is per cent. Note.— The appropriate rate of Estate Duty at (II.) above is to be thus arrive I at: — 00 Value at (I.) above a. (ft) Add value of other property liable to full aggre- gation (") Total value of property liable to full aggre- gation (<1) Add value of "Settled Proper tv" liable to limited aggregation * (e) Total value of property liable to full and limited aggregation ' (/) The appropriate rate for (c), treated as an " Estate by itself" is (?Z •s.C«p jo aoqranx H t. c ° ^ ., o > T3 <♦* So a, a c a 'OAoqu su J ;.iuj a — O — £< H t-l fcH o s C-5 a 3 ■xj g. 5 II 3 - •° a' 58 PRACTICAL FORMS. No. 6. Inland Revenue Affidavit — Personal Estate only. \Fur use where the deceased died at any time after the 1st August, L894, and the only property passing is free personal property in the United Kingdom under the deceased's will or intestacy], (k) Printed by Authority. Form A — 4. [Affidavit or Affirmation for Inland Revenue.] Name and address of solicitor (if any) Estate Duty. — Finance Acts, 1894 to 1900. If communications as to Revenue requirements are to be sent to the solicitor, the executors should sign here (England.) In the High Court of Justice. 4rindparo7 e Pbobate, Divorce, and Admiralty Division. " District" as required, and in (PROBATE.) the latter case ^ ' add the name of 2£55i here The Q) registry —. ■ address, and In the estate of deceased. description of each person who I ('^\ ____ joins in the ^ ' affidavit or _^ affirmation. (3) If affirmed, substitute "do solemnly and sincerely (3) ma ]j e oa th and Say aS IolloWS : affirm." v J J (/.) This form should be used in cases where the whole estate passing on the death of the deceased within the meaning of the Finance Acts, 1894 to 1900, consists exclusively of free personal property under the deceased's will or intestacy, situate in the United Kingdom, except where representation is obtained under sec. 10 (1) of the Finance Act, 1894, in which case use the Form B— 2. Read the observation on page 05 before filling in this form. If other property passes, use the Form A— or A— 3 according to circumstances, except where repre- sentation is obtained under sec. 10 (1) as above, in which case use the Form B — 2 or B — 3 according to circumstances. Where "Settlement Estate Duty " on property settled by the deceased's will is payable [see Clause 37 of the Form A— 2], a separate Form (C— 2) is supplied for the payment thereof. OBSERVE.— A paper of instructions (Form A— 2) for the information of the executor is issued with this form. The "Warrant " (Form 10), also issued here- with, should be filled in with a summary of the duty and interest, and be transmitted with this affidavit and the duty. and PRACTICAL FORMS. 59 1. I desire to obtain a grant of ( 4 ) — - of the ., gJJJ-t £. above-named of ( 5 ) deceased who died on the wHi."or «Ad- day of one thousand hundred aged wi ththewiii at domiciled in ( 6 ) that part of the «»«**«'» United Kingdom called . 2ffi5E?S 2. The deceased left ( 7 ) husband (or) widow, ti„ .•»*• m , y w. n i 1 •*- ( : ">) Insert here lawful issue, lawtul parent, grandparent, the address and surviving. [A] [No] [All the] child of the deceased ™gfi« his ha— attained 21, or, being daughter ha— «^p™; 1 married. ( 8 ) "bachelor/' 3. The account "A," hereto annexed, is a true account "%$£%*„ of the particulars and value, as at the date of the "™f^ eceaae(i deceased's death, so far as I have been able to was domfcUed ascertain the same, of all the personal property of the S^ummm of deceased, whether in possession or reversion, within the 22££S* f or United Kingdom ( 7 ) exclusive of what the deceased may Fj£j£j » the have been possessed of or entitled to as a trustee and not strike out the i n • it rest of the beneficially. paragraph. The gross value thereof, as at the date of the deceased's su ^ h ^|° death, was altogether £ , the ( 7 ) [whole] and strike out ,h\ i-» i & n /• -1 * O .„r, what is not ( 7 ) Part thereof, amounting in value to ± -, w as necessary. then situate in England. deceased V4 ( 7 ) Part thereof, amounting in value to £ , was ™^^J",^ then situate in Scotland. a statement ( 7 ) Part thereof, amounting in value to £ , was na ^ e ofthlsnr- then situate in Ireland. _ SWSdSlL 4. The deceased had not any general power of appoint- names of the •LP .,-. l i -i i A mi children of the ment over propert}-, exerciseable either by deed or will, several mar- l i i riages, distin- or to charge money on real property. guShing them. 5. The first part of the schedule " B " hereto annexed, contains a true and particular list of the debts ( 9 ) due 00 fce clauses . . 1 . . . „ , 1 xl 52 to 54 of the and owing ironi the deceased at the time ot n deatn Form a— « as to to persons resident within the United Kingdom, or due ^ be deducted. to persons resident out of the United Kingdom, but contracted to be paid in the United Kingdom, or charged on property situate within the United Kingdom, with the names and addresses of the several persons to whom the same are respectively due, and the descriptions and amounts of such debts. The second part of the said schedule contains a true account of the funeral expenses of the deceased. » there 6. The debts in the said schedule are payable by laWi 8ar ightto out of the personal property comprised in the said SKSSfta account. They were incurred by the deceased bond fide gJ^SpJ^* for full consideration in money or money's worth wholly a debt for p»y- for the deceased's own use or benefit. They are not, nor SedeceJed was are any of them, debts in respect whereof there is a f^ ^uc™? right to reimbursement from any other property onmieesthe /in . J l x * executor lias person ( iu ). already paid it. GO PRACTICAL FOB MB. 7. The aggregate amount <>f the debts and funeral expenses in the said schedule "B" is £ , which, being deducted from the value of the personal property as specified in the said account " A," reduces such value to the sum of £ . strikeout 8. ( u ) Other personal property which should be pMppropriite. included in the account "A" exists, but I do not know the amount or value thereof. I undertake, as soon as the amount and value are ascertained, to bring in an account thereof, and to pay both the duty thereon for which I am or may be liable, and any further duty, payable by reason thereof, for which I am or may be liable on the other property mentioned in this affidavit. 9. To the best of my knowledge and belief there is NO other property, real or personal, under any title whatsoever, beyond that already referred to, in respect of which Estate Duty is payable upon the death of the deceased. All which is true to the best of my knowledge and belief. (i2) insert the ( 12 ) Sworn by the above-named :,',;', n'.'nua'nd, at in the County of this day^ ii affirmed, n f ]C)i\ substitute 0I 1JV ■ '•affirmed "for Lefol'e me, ■'sworn." a Commissioner for Oaths. PRACTICAL FORMS. 61 ACCOUNT "A." PERSONAL PROPERTY SITUATE IN THE UNITED KINGDOM. Note. — Foreign moveable property saleable or transferable in the United Kingdom should be included here. The property situate in Scotland and Ireland respectively should be so marked. Stocks or Funds (including Exchequer Bills) of the United Kingdom, viz. : — Stocks, Funds, or Bonds of Foreign Countries, or of British Dependencies, and Colonies, transferable in the United Kingdom, viz. : — Proprietary Shares or De- bentures of Public Com- panies^). Dividends and Interest de- clared and accrued due, in respect of the above Investments, as per state- ment annexed, to date of death Market price of stocks at date of death.* Cash in the House _, , , . , T, , ,„. ((1) on Drawing Account Cash at the Bankers (-) | ^ on Deposit ° Money out on Mortgage and Interest thereon to date of death, as per statement annexed Money out on Bonds, Bills, Promissory Notes, and other Securities, and Interest thereon to date of death, as per statement annexed ... Book Debts Other Debts, as per list annexed Unpaid Purchase Money of Real and Leasehold Property contracted in lifetime of the deceased to be sold Deceased's interests in proceeds of sale of Peal Property directed to be sold by settlement or by will of some other person 'whether actual! v sold or not, estimated »t( 3 ) Gross principal value at date of death. N.B. — Where there is not sufficient space to insert all the particular details of the different items, a separate schedule should be annexed. * Market Price of Stocks, dc. — Where therejs a published quotation, a price one ; should be adopted fere "98—100," the market price is 98 + r — = 9S^. Where the death occurred on a Sunday, or other day for which no prices are available, the price for the day before should be taken. quarter up from the lower to the higher of the official " closing prices i as an estimated price. For example : Where the " closing prices " we (1) Published quotations or brokers' certificates, or letters from the secretaries of the companies showing market price at the date of death, should be attached.* (2) The name- or names of the banks should be stated. (3) If the interest was de ived under a will, state name and date of deaths of the deceased, but if under a deed, state the date, together with names and addresses of the trustees, and if the deed has been already produced give the official reference appear- ing upon it. 62 PRACTICAL FORMS. t \Mn-x a robi dale ol -ii' . spe< iflc bi tides bequeathed for oal .1! dr such guatt'-natlonal purposes a< are w illiili the pun lew of Bee. IS 2 of the l Hi. u See 1 lauses 28 and 35 ol Form a — j. State the value in each case, and whether the rreasury has remitted the Estate Duty thereon, unci if not whether it is ii tended to apply for n mission. Annex also a schedule of such specific articles 1 to be enjoyed in kind in success! n by different persons, as are within the purview of Policies of Insurance, and Bonuses (if any) thereon, on the life of the deceased, at per statement annexed ... Saleable value of Policies of Insurance and I tonuses (if any) on the life of any person other than the deceased, as per statement annexed (') Household Goods, Pictures, China, Linen, Apparel, Books, Plate, Jewels, Carriages, Horses, etc. — If sold, realized gross £ <"■) If unsold, estimated at £ 1 ;n." principal value at date Ol death. sec. 20(1 ofthe Finance Stock in Trade, Live and Dead Farming Stock, Let, IS 16, See» lauses •J9 ami 36 of Form A — 'J. State the value in ea< b rase, and whether the Treasury lias authoriz d the application of the section to them, and if not whether it is in- tended to apply for authorization. State also whether the property has yet been s.,ld, or is in the possession of a person now competent to dispose of it. (5) If there is a valua- tion it should be annexed. 'Ihe Commissioners re- serve the right to require the separate value of each item to be stated, and, in the case of pictures, the names of the artisl -. (6) State date from which profits are com- puted. (7) A valuation must be annexed. (8) These words to be cancelled where the amount is actually ascertained. 1. Particular description. •J. Term unexpired at date of death. 3. Gross rents, where let, or if not let, either the gross assessment to pro- P' rty tax (not the reduced assess- ment for collection of Income Tax, under Finance Act, 1894, sec. 35) or gross (not rateable) assessment, to Foot Kate. 4. The U round Kent. 5. The nature and amount of the yearly ings paid by the lessee as owner. Implements of Husbandry, etc. — If sold, realized gross £ If unsold, estimated at £ to date Goodwill of business, if taken over at a price £ If valued according to custom of trade ... ... ... £ If neither, estimated at ... £ (viz., years' purchase of net profits). ( ,: ) Profits of P>usiness from — - 1 — of death ... ( T ) Ships and Shares of Ships registered at Ports in the United Kingdom, and Profits of same to date of death, as per statement annexed, ( 8 ) estimated at The deceased's share in the Real and Personal Pro- perty as a Partner in the Firm of as per Balance sheet annexed, signed by the surviving Partners If none, estimated at Leasehold Property, as per detailed description subjoined or annexed — Giving — If sold, realized gross £ If unsold, estimated at £ Less (°) a Mortgage Debt of £ due from the deceased and ereated by tin Indenture dated the day of 1 — , for which the said Leasehold Property is the sole security. (9 No mortgage debt Eents of the deceased's own Leasehold Property created i,r incurred l>y , . ,,_ j .1 1 . , • j 1 " the deceased hie ^ u0 P rlor to tlie death, but not received by to be deducted unless the deceased, ( 8 ) estimated at such debt was created or Apportionment of the rents of the deceased's fff Leasehold Property to date of death, (•) money or money's worth estimated at 8. d. PRACTICAL FOB MS. G3 wholly for the deceased's own use and benefit. (10) If the life interest was derived under a will, state name and date of death of the deceased ; but if under a deed state the date, together with names and addresses of the trustees, and if the deed has been already produced give the official reference appearing upon it. (11) All interests in expectancy in personal property, whether vested or contingent, should be included. (12) No deduction is to be taken here unless Treasury authority has been first obtained. ( 10 ) Income accrued due, but not received prior to the death, arising from Ileal and Personal Property, of 'which the Deceased was Tenant for Life, or for any less period, viz. : Apportionment of such Income to date of death ... The deceased's Interest ( u ) expectant upon the- death of now aged years, under the Will of proved or under a settlement dated the day of 1 — , and made between (setting out the parties to the Deed), in the Property set out in the statement annexed, and of which Fund the present Trustees are — ( 10 ) Other Personal Property not comprised under the foregoiug heads, viz. : (a) Gross Personal Property in Account "A" N.B. — (a) is the "gross value " which is to be carried to para. 3 on p. 1. (b~) Deduct Total of First and Second Parts of Schedule "B" N.B. — (b) is the "aggregate amount" which is to be carried to para. 7. (c) Net Personal Property in Account " A " N.B.— (c) is the reduced " value" which is to be carried to para. 7 on p. 1. (d) Deduct ('-) specific articles [see note (*)] whereon Estate Duty is either not payable at all, or is not now payable (e) Balance remaining Gross principal value at date of death. ?. d. N.B. — (e) is the amount of " Personal Property [Account " A "] " which is to be carried to the Summary. To be signed by the persons "I making oath or affirmation j C4 PRACTICAL FORMS. X — gp o 2 is — * "a" ,2 *- !5 c SI f a tx 2 a a. 2 to-is 5 3 ^3 3 oa° o o <5 = I 3 . ■■^ 'x -Z- B s ° - J ... J A. G. Comptrolled and registered for for Accountant-General of inland Revenue. Received the day of 190—, the sum of Pounds shillings and pence, for Estate Duty and Interest thereon. for Commissioners of Inland Revenue. This receipt does not imply that the amount of duty is not subject to rectification. For use at Chief Office. This stamp does not Imply that the rate of duty is not sub- ject to rectification. * Where the deceased died on or after the 9th April, 1900, the duty is chargeable upon the exact net principal value of the Estate, both as regards rate and amount of duty. Where the deceased died on or after the ltt July, 1890, but before the 9th April, 1900, the net principal value of the Estate should be decreased to an even multiple of £10i), except that where the net value exceeds £100, and docs not exceed £'<>0u, the duty is £1. Where the deceased died after the 1st August, 1894, but before the 1st July, 1S96, the net principal value of the Estate should be increased to an even multiple of £10. tee Clause "2 of the Form A— 2 for more detailed information. PRACTICAL FORMS. G7 This Warrant, duly filled up, must accompany the Affidavit. Only Free Personal Property in the United Kingdom. Form No. 16. [To be presented with Affidavit (Form A— 4) on payment of Duty] (I). This Warrant should be rilled np by the person presenting the affidavit, and the duty must be paid at the same time. Payment may be made at the Office of a Collector of Inland Eevenue, in England, or the duty may be remitted by cheque (or, where the duty does not exceed £50, by free money order), drawn in favour of the Commissionersof Inland Revenue, and crossed "Bank of England," to the Accountant-General (Cashier), Inland Revenue, Somerset House, London, AV.C, together with the affidavit and this warrant. See paragraph 81 of the Form A — 2, issued with the affidavit. Estate Duty.— (Finance Acts, 1894 to 1900). Surname of Applicant Consecutive Number. (For use at Chief Office only.) A rl rl rfiss Collector's Office Stamp. Date day of 1 90 190 . Name of Deceased- Late of Who died on the . day of_ Abstract of Affidavit. Gross capital. £ \ s.\d. Debts and deductions. d. Personal property situate in the United Kingdom (Account '• A " and Schedule "B") Deduct value of Interests in Expectancy on which duty is not paid Net value on which Estate Duty is now payable £ Net capital. d. Duty Payable. Net capital (as adjusted [see Clause 72 of Form A— 2] where necessary) on which duty is chargeable. Hate per cent. Duty. at£ £ S. d. Add :— Interest at £3 per cent, per annum on duty pays after death to date of delivery of the affidavit, Total duty and interest ble from dayl both days in- > The foregoing details have been compared with affidavit. pro Accountant. (I) For rates of duty see Clause 70 of instructions on Form A — 2, accompany ino- form of affidavit A — 4. G8 PRACTICAL FORMS. No. 7. Inlaw/ Revenue Affidavit—Small Estates under £500 (m). I /' ,■ jtse wfore £Ae deceased died at anytime aftki: the 1st August, IN! II. | Prii/ ted by Authority. Form B — 2. [Affidavit or Affirmation for Inland Revenue. | [Composite B— 1 and B 2.] Name and address of solicitor (if any) — — Estate Duty.— Finance Acts, 1894 to 1900. If communications as to Revenue requirements are to be sent to the solicitor, the executors should sign here — (l) Insert here (ENGLAND.) ' ' Principal "or requtredfandTin In the ITkjIi CoUVt of Justice. the latter case :i ' 1,1 , , 1 "' n ime of Probate, Divorce, and Admiralty Division. the .li-tnct. ' /-_. . f2) Insert here (rROBATE.) " I" or •' we," and the name, TliP (1\ rprricfrv address, and Xllw ^ ) ltJ & 1!3L1 } description of l n the estate of deceased. each person who joins in the /2\ affidavit or \ / affirmation (3) Ifaffirmed, substitute "do solemnly and sincerely affirm." ( 3 ) make oath and say as follows : — ■« ProbatTof tnT 1. desire to obtain a grant of ( 4 ) of the mtoistration 1 ' 1 ' above-named of ( 5 ) deceased who died on the with the will day f one thousand ■ hundred aged estate." or at domiclecl in ( 6 ) that part of the rtiKKPS United Kingdom called . "T; -o'inll'rfhere 2 - Tli e deceased left ( 7 ) husband (or) widow, the address and lawful issue, lawful parent grandparent — OCCUpatlOU Of . . r 1 H r-K-r n rill ,1 -I l-ll n , l deceased, and his surviving. |_AJ [JN oj [All thej child of the deBcrfptfon^aa 1 deceased ha — attained 21, or being daughter — l,: l " lor ','; ha — married. ( 8 ) "spinster," \ / 5J . «| widower," or o. Ihe account "A, hereto annexed, is a true account (6) if deceased of the particulars and value, as at the date of the (to) This form should be used in cases where representation is being obtained under see. 16 (1) of the Finance Act, 18i>4, and no Settled Property is liable to Estate Duty on the deceased's death. If there is Settled Property the Form 13 — 3 should be used. In other cases the Form A — L A — (J, or A — 3, according to circumstances, should be Tised. OBSERVE.— The fixed duty of 30s. or 509. is to be paid by the special adhesive Estate Duty stamp. The interest (if any, see pp. 73-75) is to be paid by postage stamps. The stamps should be affixed to the face of this affidavit. PRACTICAL FORMS. GO deceased's death, so far as ■ have been able to3£j£Jg ascertain the same, of all the property, real and personal, ^we the name . r r m J ' r. • l XT' x ■ of the count n-, whether m possession or reversion, on wnicn Estate state, canton, or Duty is payable on the death of the deceased, under SETS} bt^d any title whatsover. The gross value thereof, as at the*^ f ° u * the date of the deceased's death, was altogether £ . paragraph. 4. The deceased had not any general power of appoint- suit the facts, ment over property, personal or real, exerciseable either ^hatisnotT by deed or will, or to charge money on real property. ne ( c |fJ^'j ]0 There is no property, personal or real, settled otherwise deceased was than by the deceased's will (if any), in respect of which Sard'a^lZx Estate Duty is payable on the deceased's death. sbowtagufe 5. The gross value of the personal property situate in"?nieofthesur- the United Kingdom which passed under the deceased's or wife, and the will or intestacy, was at the date of the deceased's death, chud^enVuhe altogether £ , ( 7 ) [the whole] 3S?«KL ( 7 ) Part thereof, amounting in value to £ , was gmshing them. then situate in England. ( 7 ) Part thereof, amounting in value to £ , was then situate in Scotland. ( 7 ) Part thereof, amounting in value to £ , was then situate in Ireland. 6. The gross value of the real property, situate in England, ( 9 ) vested in the deceased without a right in T (9) see the any other person to take by survivorship, but exclusive Act, mi, s. i. of land of copyhold tenure or customary freehold where dted^foreTsf 1 an admission or act by the lord of the manor is necessary ^" u f a 7 a - j.* 9 ^ to perfect the title of a purchaser from the customary should he tenant, was, as shown in the annexed account "A," at the date of the deceased's death, altogether £ . 7. The a^o-rejrate gross value of the ( 10 ) estate which (io) if deceased Do o o t \ / died on or since by law devolves to and vests m the personal represen- ist January, tative of the deceased, for or in respect of which the gr0 ss value of e grant is to be made, as at the date of the deceased's *^ e " 1 ° u ^ a t 1 lie death, was altogether £ . thereliestaf All which is true to the best of knowledge and as defined by i 1 • p s. 1 of the Land Oeiiei. Transfer Act, ( u ) Sworn by the above-named at\ ™ g**^ in the County of this day of 190—. Account " A "]. If deceased died before 1st y> f / January, 1898, .ueiOie me, insert the crow insert the gross value of the personal estate a Commissioner for Oaths.; only [viz, the ( n ) Sworn by the above-named ■ at\ Account »a"j. — in the County of this day of ^IVeZl of 290 . I each deponent, ^ „ and if affirmed, -belore me, / substitute ' affirmed" for a Commissioner for Oaths. ' sworn. 70 niACTlCAL FORMS. ACCOUNT "A." The property situate in Scotland and Ireland respectively should be so marked Stocks or Funds (including Exchequer Bills) of the United Kingdom, viz. : — Stocks, Funds, or Bonds of Foreign Countries, or of British Dependencies, and ( lolonies, transferable in the United Kiugdom, viz. : — Nominal value of stocks. (1) Published quotations or brokers' certificates, or letters from the secretaries of the companies showing the market price at the date or death, should be at- tached.* Proprietary Shares or De- bentures of Public Com- panies ('). Dividends and Interest de- clared, received, and ac- crued due, in respect of the above Investments, as per statement annexed, to date of death Market price I Gross prim Ipal of stocks at date of death.* value at date of death. B. '!. (2) The name or names of the banks should be stated. Cash at the Bankers ( 2 ) (3) If the interest was derived under a will, state name and date of death of the decease 1, but if under a deed, state the date, together with names and addresses of the trustees, and if the deed has been already produced give the offi< i.il reference appear- ing upon it. Cash in the House [ (1) on Drawing Account with interest (if any) to date of death (2) on Deposit, with interest \ to date of death Money out on Mortgage, and Interest thereon to date of death, as per statement annexed Money out on Bonds, Bills, Promissory Notes, and other Securities, and interest thereon to date of death, as per statement annexed ... Book Debts Other Debts, as per list annexed Unpaid Purchase Money of Real and Leasehold Property contracted in lifetime of the deceased to be sold Deceased's Interest in proceeds of sale of Real Property directed to be sold by settlement or by will of some other person whether actually sold or not, estimated at( 3 ) N.B.— Where there is not sufficient space to insert all the particular details of the different items, a separate schedule should be annexed. * Market Price of Stocks, etc.— "Where there is a public ([notation, a price one quarter up from the lower to the higher -of the official " closing prii tjould be adopted as an estimated price. For example: Where the "closing prices" were "98 — luu," the market price is 98 + — — = 98£. Where the death occurred on a Sunday, or other day for which no prices are available, the price for the day before should be taken. PRACTICAL FORMS. 71 (4) If there is a valuation, it should be annexed. Policies of Insurance, and Bonuses (if any) thereon, on the life of the deceased, as per statement annexed Saleable value of Policies of Insurance and Bonuses (if any) on the life of any person other than the de- ceased, as per statement annexed Household Goods, Pictures, China, Linen, Apparel, Books, Plate, Jewels, Carriages, Horses, etc. — If sold, realized gross £ ( 4 ) If unsold, estimated at £ Stock in Trade, Live and Dead Farming nients of Husbandry, etc. — If sold, realized gross £ ( 4 ) If unsold, estimated at £ Goodwill of business, if taken over at a price.. .£ If valued according to custom of trade ...£ If neither, estimated ... ... ...£ viz.., years' purchase of net profits.) Stock, Imple- (51 state date ( 5 ) Profits of business from 1 to date of death from which pro- (S) Ships and Shares of Ships registered at Ports in the United Kingdom, and Profits of same to date of death, as per statement annexed ( r ) estimated at The deceased's share in Peal aud Personal Property as a Partner in the Firm of — - — as per Balance-sheet annexed, signed by the surviving Partners ... If none ( : ) estimated at Leasehold Property (for years), as per detailed description subjoined or annexed — ■ If sold, realized gross £ ( 4 ) If unsold, estimated at £ tits are computed. (6) A valua- tion must be annexed. (7) These words to be can- celled where the amount is actual- ly ascertained. Giving — 1. Particular description. 2. Term unexpired at date of death. 3. Gross Rents where let, or, if not let, either the gross assessment to propertytax(not the reduced assessment/or collection of In- come Tax under Finance Act, 1894, s. 35) or gross (not rate- able) assessment to Poor Kate. 4. The Ground Rent. 5. The nature and amount of the yearly outgoings paid by the Lessee as owner. Less a Mortgage Debt of due from the deceased and created by by an Indenture dated the day of 1 for which the said Leasehold Property is the sole security. {No debt or incum- brance incurred or created by the deceased himself is to be deducted.) (8) If the life interest was de- rived under a will, state name and date of death of the deceased ; but if under a deed state the date, together with names and addresses of the Trustees, and if the deed has been already produced give the official reference appear- ing upon it. Kents of the deceased's own Eeal and Leasehold Pro- perty due prior to the death, but not received by the deceased, ( 7 ) estimated at Apportionment of the rents of the deceased's Peal and Leasehold Property to date of death, ( 7 ) estimated at ( 8 ) Income accrued due, but not received prior to the death, arising from Property, of which the deceased was Tenant for Life, or any less period, viz. : Apportionment of such Income to date of death The deceased's Interest expectant upon the death of now aged years, under the Will of proved or, under a settlement dated the day of ■ 1 and made between (setting out the parties to the Crus-i principal value at date of death, PRACTICAL FORMS. (9) Sec the Land Transfer Act. 1-07, sec. 1. Interests in ex- pectancy in real property, wliere the circum- stances are other- wise appropriate, should be in- i Luded here, as '• well as Interests in possession. Particulars, as in the case of In- terests in expect- ant v in personal property (see above) should be furnished. (10) If duty in respect of this property is pay- able in a British Possession to which sec. 20 of the Finance Act, 1394, applies, the amount should be notified to the; Secretary of the Estate Duty Office after the issue of the Grant. (t) Deed), in the property set out in the statement annexed, and of which Fund the present trustees are — • 1 ross principal value of Personal Property in the United Kingdom which passed under the deceased's will or intestacy, and for ( (*) or in respect of which, if the deceased died Injure the 1st January, lSilS, the Grant is to be made N.B.— This(*) is the figure to be taken to para. 5 on p. 09 (") Eeal property in England, vested in the deceased without a right in any other person to take by survivorship (that is, real property in England, which the deceased disposed of by his will or which passed under his intestacy), exclusive of land of copyhold tenure or customary freehold where an admission or act by the Lord of the Manor is necessary to perfect the title of a pur- chaser from the customary tenant, as per state- ment {for Model, see " C" on paije 4) annexed. (The gross annual value is £ ) N.B.— This (+) is the figure to be taken to para. 6 on p. 69 / ( 8 ) Aggregate gross value of Heal and Per- \ sonal Property for or in respect of which, I (J) if the deceased died on or after the 1st [ £ January, 1898, the Grant is to'be made ... I N.B. — This (}) is the figure to be taken to para. 7 on p. 09 ) Other Free Peal Property in the United Kingdom, as per statement annexed ( 10 ) Moveable Property situate out of the United King- dom, and not saleable or transferable in the United Kingdom, which the deceased disposed of by his w ill or which passed under his intestacy, as per statement annexed. (The local situation of the property should be stated) ... Not k.— Property saleable or transferable in the United Kingdom should be included above as "Personal I'roperty in the United Kingdom." Donat tones mortis causa, that is to say, gifts of personal property made by the deceased in the expectation of death, and actually or constructively delivered in his lifetime, but conditional only to take complete effect on the deceased's death by his then existing disorder, as per statement annexed .. . Inter vivos gifts of property made by the deceased within a year of death without reservation, as per statement annexed Inter vivos gifts of property made by the deceased at any time whereof bona JuZe possession was not immediately taken and thenceforth retained to the entire exclusion of the deceased, but a benefit either charged upon t he- property or not, was reserved or secured to the deceased by contract or otherwise, or a power or authority was reserved to the deceased to restore to himself or to reclaim the absolute interest in such property or in some part of it, as per statement annexed i , i,,-- pi Inc'pal value at date "t death. PRACTICAL FOB MS. 73 Policies which the deceased effected on his life and kept up wholly or partially fur the benefit of a donee, whether nominee or assignee, as per statement annexed Annuities (other than a single annuity not exceeding £25, or the first gi anted of two or more such annuities), or other interests which the Deceased either by himself alone, or in concert or by arrangement with some other person, purchased or provided so that a bent fit arose or accrued by survivorship or otherwise on the death of the deceased, ax per statement annexed Other property not comprised under the foregoing heads, as per statement annexed Gross principal value of the Estate... Gross principal value at date of death. To be signed by the persons^ making oath or affirmation/ OBSERVE.— Froperty under tlie various headings should be brought in, no matter how small the separate values may be. Note. — The Statement should take the shape of the Models "B" and "C" on pages 73, 74. Where the gift or provision is to or for persons in Succession, the same is "Settled Property," and should not be included here. MODEL "B."— Personal Property. Title to Property. (Date and short material particulars of dis- position, with date of and names of parties to any deed). (The names and addresses of the beneficiaries should also be given, together with their relationship to the deceased). Particulars of Property. (A separate statement should be attached giving full particu- lars, as in Model "C" below, of any leaseholds for years.) Principal value at date of death. *Deduet debts and incum- brances upon lease- £ S. d. t Net value * A separate statement marked Schedul particulars as in Schedule "C" below. t This is the amount to be carried to Account "A." B" should l>e attached giving full 74 PRACTICAL FOB MS. ■a T3 s-g c.2 •£ o c = = .■ to a ~_ g — S C 3 o d ^ -w z Sh Q O ^ 5 S3 ■OgS ° a; ^ 6C o g ■5"S o tC-3 . - ="« c = ft H § -a 5 3 o^? s V- - 55" m 5 S £ « 8 « .-. — =-? J2 t> S B Sfln ? ft_- i to o si a ~. 5 J5 - = i."! - "5 c c o 5 ?> a = 2 2 2 ~ aj i: — a. "? ~ 1- ona Mil! 1 ar - 3 > M - " < ft S n »• .~ ice rch ty i illy |Uis sffgSil JJ 60o8 £ IT.— •~*S " — B.~ « " a S Sj.8 £ ° > ~T> v^UJ- to. - o 2 S-^Sf £ ft g , lr*a-s ft.2 B| § 3 H Js O ^"3 o — ft . ~ ft ° J •- "S 5 f - 15- "■3 q H_ it- ■ -S fc> d -5 I >•— - "3 «£ifil-a m M -= ^ r O = = J3 ft r 03 C - PRACTICAL FORMS. ( SCHEDULE "C."— Real Peoperty. An Account of the Debts and Incumbrances upon the Keal Property in Account •• I ' " No debt or incumbrance incurred or created by the deceased himself is to be deducted against property passing under his will or intestacy. Mature of debt or incumbrance and by whom created. Short material parti- culars of security, witb date of and names of parties to any deed, and name of any testator, and tlate of probate of bis will. o, , ... - Names and addresses Sbort particulars of f n3 t0 or , property charged, to w[]om the dpbt or in . identify it in above Model "C." cumbrance is now due or vested. Amount of debt or incumbrance. To be signed by the persons making oath or affirmation. For instructions as to Estate Duty, see pp. 18-31. No. 8. Inland Revenue Affidavit — Foreign Domicil of Deceased. Form Y. [Affidavit or Affirmation for the Commissioners of Inland Eevenue in cases where the deceased left no personal Estate in this country.] (England.) In the High Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The Principal Registry. In the goods of deceased. O- ( 2 ) - — and sav as follows : — (1) Insert beie "I" or " We." and the name, address, and description of each person who joins in the affidavit or affirmation. (2) Insert here " make oatb " or "solemnly affirm," as the case may be. 7G PRACTICAL FORMS. 3 rnserthere 1. desire to obtain a grant of ( 3 ) of ;; 1 1 1 ';;.'.' , ;::''.: ,I ,I 1 ';'' late of (') ■ deceased who died at - - on the ministration ( ] a y f one thousand nine hundred and • with the « ill . • . . . . / -> annexedofthe domiciled in ("). aiSieffects!" a or -• The account hereto annexed, is a true account of ofthe n pOTonai on tn< ' particulars and present value of all the personal estate and estate and effects of the deceased, for or in respect of casetn'aybe. which the grant is to be made, exclusive of what the theaddrels'and™ deceased may have been possessed of or entitled to as occupation of the a trustee and not beneficially. The gross value thereof deceased and also - , •/> i i i i e l • i i» tbedescription, altogether is Jb and the whole of the said Personal " S widower," r ' Estate and Effects was situate abroad at the time the :::;;;!;;;:;;.:"" deceased died. (5) insert here 3. The deceased had ( G ) real estate in this the name of the v ' country of the COUlltiy. °(6) C insert here 4. The deceased left ■ ■ widow lawful issue "also" or "no," surviving. accordingas """""'o' deceased did or 5. The deceased left no personal or moveable estate real estate. and effects within the United Kingdom at the time of his death. All which is true to the best of knowledge and belief. ..£S ta ( 7 ) by the above-named at \ "affirmed," as on t h e day of 19—. the case may be, _ J I and the name of Before me, J ( 7 ) by the above-named at \ on the — day of 19 — . Before me, J ACCOUNT. ' Personal Estate in respect of ivliieh the grant is to be made. Personal Property situate abroad at the time of the death of the deceased, but since remitted to this country where lie was domiciled for distribution, viz. : — To be signed by the persons } making oath or affirmation. / PRACTICAL FORMS. No. 9. Inland Revenue Affidavit — Trust Property only (n). [For use where the deceased died after the 1st August, 1804.] Printed by Authority. Form Z — 1. [Affidavit or Affirmation for Inland lievenue. j Name and address of solicitor (if any) If communications as to Revenue requirements (if any) are to be sent to the solicitor, the executors should sign here — Estate Duty. — Finance Act, 1894. (57 & 08 Vict. cap. 30.) (England.) In the H'ujli Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The O registry In the goods of — deceased. I (or) We ( 2 ) ( 3 ) and say as follows : - (1) Insert here "Principal ' or " District," as required, and in the latter case add the name of the district. (2) Insert here the name, address, and description of each person who joins in the affidavit or affirmation. (3) Insert here "make oath" or "do solemnly and sincerely affirm," as the case may be. (4) Insert here " Probate of the w ill," or " Administration with the will annexed of the personal estate and effects," or "Administration of the personal — estate and effects," as the — case may be. (5) Insert here the address and occupation of deceased, and o bis or her 31 personal 1. I (or) we desire to obtain a grant of ( 4 ) the above-named of ( 5 ) ■ deceased who died at ^b^ 1 ™;,* 8 on the day of ■ one thousand hundred domiciled in ( 6 ) that part United Kingdom called - ( 7 ) and having a fixed nine "spinster," /> ,, " widower," or Ot the "widow." (6) If deceased was domiciled abroad, insert here the name place of abode at within the district of . 2. The account hereto annexed is a true account of oFthe~country, the particulars and present value of all the estate and the rest oVthe effects of the deceased, for or in respect of which the p \™f iV a p p ii- cation for the (n) This form should be used in cases where the deceased died after the 1st August, 1894, and no property in respect of which Estate Duty is leviable, passed on the death of the deceased within the meaning of the Finance Act, 1894, and the grant is solely in respect of property of which the deceased was trustee only. Where, in similar circumstances, the deceased died on or before the 1st August, 1894, the form " Z " should be used. •rrant is made t>> tlif Principal K' glstry, strike out the rest of i graph. - Insert here " sworn " or " afflrme I" as the case may be, ami the name of > ai b depoueut. PRACTICAL FORMS. grant is to be made. The gross value thereof altogether is £ and the said deceased was legally entitled thereto as a trustee only, and had no beneficial interest therein. 3. To the best of my (or) our knowledge and belief there is no property in respect of which estate duty is payable upon the death of the deceased. All which is true to the best of my (or) our knowledge and belief. ( 8 ) by the above-named at\ in the County of this 190—. Before me, day of ( 8 ) a Commissioner for Oaths. , by the above-named a^ in the County of this day of 190—. Before me, a Commissioner for Oaths. ACCOUNT of the Personal Estate in respect of which the grant is to be made. Particulars of the property and of the trust. (The date of and names of parties to any deeds should be stated, and the name of any testator and the date of probate of his will.) Gross value £, s. d. Total ... £ PRACTICAL FORMS. 70 No. 10. Inland Revenue Affidavit — Corrective for Duty{p). [For use where the deceased died at any time after the 1st August, 1894.] Inland Kevenue. — Estate Duty. — Finance Acts, 1894 to 1900. Form D — 1. [Corrective Affidavit for Inland Revenue.] Name and address of person who forwards this affidavit . Official reference File 190-. Reg. 1—. Fo. Affidt.- In the Estate passing on the death of deceased. 1. I ( J ) make oath and say as follows : — (0 if affirmed, 2. This deceased, 'late of died on the day SS^and /-.•P 1QO sincerely affirm." 0t ": iJU • L , , (x) Insert here 3. (-) w granted to (°) ■ at the ■ "Probate of Kegistry of the Probate Division of the High Court "lettereof 01 of Justice on the day of 190—. £^2SS?" ° f 4. • Inland Revenue affidavit h — been * c a " * 8 the case delivered by ( 4 ) . ^insert 5. It has now been discovered that, in the circum- ornate The u? ' stances stated (pp. 81-82) too little (or) too much Estate ~ ns ^': ilM11 Duty has been paid upon the affidavit or affidavits which tnegrantwas has or have already been delivered. (4)'insert '' us," 6. The corrected particulars and values of the property oratnte ti included or which should have been included in the names ", f "'", ., , 1-iiTiT ■, persons by u hum several accounts annexed, or which should have been tne affidavit or annexed to the affidavit (or) affidavits which has (or) were^.U ' ' have already been delivered, the values whereof were and'adapt* 1 '"* 8 incorrectly, or were not at all stated therein, are shown generally to suit overleaf. The corrected rate of Estate duty is also stances of the shown. (o) This form, when filled up, should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked " Account." If desired, it maybe left at the office by hand. In suitable cases an interview will be arranged. If a return of duty is applied for, the form should be accompanied by the Probate or Administration, and evidence in support of the claim. If further duty is to be paid, the form should be filled up in duplicate. Money should not be remitted until the affidavit has been transmitted by the parties, and the amount payable and the mode of \ ayment have been notified to them. OBSERVE. — The Commissioners, if they think fit, may dispense with an oath in corrections of Estate Duty. This form, if the parties so desire, may, except in return of duty eases, be sent signed but unsworn in the first instance. If required to be sworn it will be re-transmitted for that purpose. so PRACTICAL FOL'MS. (5) If there is a right to reim- bursement, but it cannot be obtained, adapt the paragraph. OBSERVE. — Is it intended to now pay Estate I)uty on the interests in expectancy, if any such are (included in this affidavit .' Keply 7. The corrected particulars and amounts of the deceased's debts and funeral expenses are shown over- leaf. 8. The debts not hitherto deducted, and comprised in the schedules Nos. 1 and 2 hereto annexed, were at the time of the deceased's death due to the persons whose names and addresses are stated, and were payable by law out of the personal property comprised in the accounts Nos. 1 and 2 respectively hereto annexed, or to the affidavit or affidavits which has or have already been delivered. 9. The debts in the schedules Nos. 1 and 2, hereto annexed, were incurred by the deceased bond fide for full consideration in money or money's worth, wholly for the deceased's own use or benefit. They are not, nor are any of them, debts which are primarily payable out of any real property belonging to the deceased. There is no right to reimbursement ( 5 ) from any other property Or person whatsoever in respect of them. 10. The debts and incumbrances not hitherto deducted, and comprised in the schedules Nos. 4 and 5 hereto annexed, were at the time of the deceased's death subsisting charges on the leaseholds for years and on the real property comprised in the accounts Nos. 4 and 5 respectively, hereto annexed, or to the affidavit or affidavits which has or have already been delivered, ot on some part or parts thereof. The particulars of the instruments by which they were secured or created, and the names and addresses of the several persons to or in whom the debts and incumbrances are now due or vested, are stated. 11. The said debts and incumbrances were incurred or created by the deceased or by some one or more of his predecessors in title. In so far as they were incurred by the deceased or were created by a disposition made by him they were created or incurred hond fide for full consideration in money or money's worth, wholly for the deceased's own use or benefit, and they take effect out of his interest. The debts and incumbrances are not, nor are any of them, primarily chargeable upon any other property passing on the death of the deceased. There is no right to reimbursement ( 5 ) from any other property or person whatsoever in respect of them. 12. Save as appears in and by this affidavit, and the affidavit or affidavits whicb has (or) have already been delivered, no property chargeable with Estate duty passed, or is deemed to have passed, within the meaning of the Finance Acts, 1894 and 1890, so far as I know or believe, on the death of the deceased. PRACTICAL FORMS. 13. It now therefore appears that in the circumstances stated overleaf too little (or) too much Estate Duty has been paid, all which is submitted to the Commissioners of Inland Revenue, in order that the deficient duty, with interest thereon, may be accepted, (or) that the overpaid duty may be returned to - - whose receipt shall be a my sufficient discharge for the same All which is true to the best of and belief. ( 6 ) Sworn by the above-named — in the County of this day of 1 190—. Is it intended to pay the I state Duty on the r,.,,] property in one Miii], or by yearly, or by half-yearly. Instalments - Reply knowledge at Before me, a Commissioner for Oaths. (6) Insert i lie name of tlic deponent, and if affirmed, substitute '■ affirmed " for " Bworn." Personal Property. Items of Personal Property in original or last corrective, affidavit, needing correction (*), and omitted property and deductions (if any). Value as last previously shown. Increase. Decrease. Value as now corrected. f 1. Assets £ S. d. £ 8. d. £ 8. (/. 8. d. 2. Debts and Funeral! Expenses (per> Schedule) j Real Property. Items of Real Property in I original, or last corrective, I Value as last affidavit, needing correction I previously (*), and omitted property shown, and deductions (if any). d. Increase. s. d. Decrease. 8. d. Value as now corrected. f * Items not needing correction should not be inserted. t The circumstances should be here stated in which the corrections become necessary. If the property has been sold, the date of completion of the sale should be stated, and the gross amount realized t brief statement showing the value of the deceased's copyholds and customary freeholds in England and Wales should be annexed, where the deceased died on or after the 1st January, 1898. Annex a separate st ite- inent n the space is insufficient. FOR OFFICIAL USE ONLY capj r \i.. Rate Elate No. lull -, iliuii. Limit i aggri gallon. Est ite by Itself. ' as estate by Itself. (a)or(b) or (c) A .' ■ (a) (M (6) (c) CO (c) (c) (A) Maximum r at 9 -V- " ' Pi i ' i ' . i A c \ o A c No. 3 A c No. :: A c No. i • ! ii r.\L. sonal Estate. A- last previously shown. Increase. Decrease. As now correi ted, GROSS "ESTATE" as now corrected. £ 1 s. | d. £ S d. £ s. I d. * 1 s. 1 d. Gross P.E. (in U.K.) £ „— s.— d. ( ,m (»5 Gross R.E.* (in Englaud.) ] 1 £ „— s — d. r A/c No. b FAL ESTATK. | i TOTAL. £ „— s.— d. [ ] MMM < i Ither than land of copyhold tenure For ; Ileal estat Aggregation. | | J mission, or any act by the lord of the manor, is nee ssarj to perfect it"- title of a purchaser from the customarj tenant (Laud Transfer Act, 1897, s. l). [ ] [ ] ■p £- (Di Co P.E. L/ Xf I In E.E. DUTY, ty £ s. d. £ 8. d. £ s. a. £ s. d. rise . . i to a claim for not give rise) further duty by reason of further lonial Duty, s. -jo, V. L., 1894 orDuty,s.21,F.A.,'96 t aggregation. Xoted, fDuty \ Interest ... Total Xet incre ise or c lecrease 1 to be paid or ret urn ed On the basis of this " Account," and subject to rectification if found necessary, the amount of Estate Duty and interest to be now i re ^ rne( j} '9 £ „—s.—d., as shown above. Somersei House, By the Commissioners, London, W.C., Examiner. day of 190—. Comptroller fur Assessment 1. a a Received the . day of 190-, the sum of . Pounds, For A. &C. G. Comptrolled and Registered for Estate Until and Interest thereou. Registered £ ,,—„—• for Accountant-General of Inland Revenue. for Commissioners of Inland Revenue. For Sec. E. I). 0. |.i does not imply tli.it the amount of duty is not subject to rectification. PRACTICAL FORMS. 83 No. 11. Affidavit of Justification by Sureties. In the, &c. (as in form No. 1, above). AVe (first deponent), of, &c, Grocer, and (second deponent), of, &c, Draper, jointly and severally make oath (p) that we are the proposed sureties on behalf of (the administrator) of, &c. Grocer, the intended administrator of all and singular the personal estate and effects of the said (intestate), late of, &c, Draper, deceased, intestate, in the penal sum of ■ pounds, for his faithful administration of the said personal estate and effects [of the said deceased] ; and I, the said (first deponent), for myself further make oath (p) that I am, after payment of all my just debts, well and truly worth, in real and personal estate, the sum of pounds; and I, the said (second deponent), for myself further make oath (p) that I am, after pay- ment of all my just debts, well and truly worth, in real and personal estate, the sum of ■ pounds. Sworn by the said (first deponent) and (second deponent) at, &c. (as in Part II. No. 1.) (Signatures.) No. 12. Affidavit In Support of an Administration Summons in the Chancery Division by a Creditor (q.) In the High Court of Justice. 19 — (r), No. — . Chancery Division. Mr. Justice . In the Matter of the estate of (the deceased), deceased, Between (the creditor) (s), Plaintiff, and (The representatives of the deceased), Defendants. I (the deponent), (t) of, cvc, Draper, make oath and say as follows : — 1. The above-named (deceased), deceased, was, at the time of his death, and his estate still is justly and truly indebted to me (u) in the sum of pounds (v), for goods sold and delivered by me (t) {]») Or, — solemnly, sincerely and truly declare and affirm. (q) See Rules of Supreme Court, Ord. 55, r. 3, Ann. Pr. 1905, pp. 7S5, 789. 0") The initial letter of the surname of the deceased person. (s) If suing on behalf of himself and all other the creditors of the deceased, this should be stated. (0 For variations where the deponent is one of a firm, see post, Part III., No. 1, n. (e). 00 See preceding note, and Part III., No. 2, n. (/). ('0 If the debt or a part of it be due on bill or note here say — together with interest for the same after the rate of pounds per centum per annum, from the day of 19 — , under and by virtue of a certain bill of exchange [or, pro- missory note], date the day of 19 — , and which said bill [or, note] is now produced to me and marked with the letter " A." 2. The said deceased was also at the time of his death, and his estate still is just'y and truly indebted to me in the further sum of pounds (as above). 84 PRACTICAL FORMS. to the sai) Or, — order. (t) Or, — matter. («) Or, — as the case may be. (v) To be marked with initial letter of deponent's name followed by number, and make the bond an exhibit. PRACTICAL FOE MS. 8/ PART III.— AFFIDAVITS (a) SECTION 1 (&). No. 1. The Parties making the Affidavit. I (the deponent), (c) of D., in the county of , Grocer, make oath and say : — (a) Practically the regulations as to the forms in use, and the mode of swear- ing affidavits are the same now in all Courts. For the general rules in the High Court, see Rules of Supreme Court, 1883, Ord. 38, rr. 2-24, and for the Judge or Court sitting in bankruptcy, see Bankruptcy Act, 1883, s. 135, and Bank- ruptcy Rules, 1S86, 1890, rr. 47-58. As to stamping affidavits and the use of office copies: see rule 15 of the above order of the High Court, and as to the exemption from stamp duty (except as to fees) of affidavits in proceedings in any Court, and in bankruptcy, see Stamp Act, 1891, tit. Affidavit, and s. 144 of the Bankruptcy Act, 1883, and Nos. 47, 51, and 52 of the above rules in bankruptcy. Affidavits should be entitled in the court in which the action (if any) is, or m which they are to be used, and in the cause or matter in which they are made, and also bear a reference to the record. They should be drawn up in the tirst person and be set out in separate paragraphs, confined, as far as possible, to a distinct portion of the subject, and the paragraphs should be numbered consecu- tively, but figures relating to dates and sums are allowed, though in the Probate Division both dates and sums, and, in affidavits to be used in the Pay Office, sums, should be written in words. Even in jurats the date of the year is now- stated in figures. Where any doubt arises as to the propriety of employing figures, words should be used. "Any interlineations or alterations must be authenticated by the initials of the officer or person taking the affidavit, and any words written on an erasure must be rewritten and signed or initialled in the margin of the affidavit by him. (b) By way of illustration the form of an affidavit of debt is divided into sections, with several variations given, indicating their application to ditt'erent circumstances, with the object of showing (1) the proper description of the deponents ; (2) the subject-matters ; and (3) the proper form of jurats. For the differences in the headings to affidavits according to the court and matter in which the affidavit is used, see the affidavits given in full under the various titles throughout this collection of forms. (c) Or,— C. M., the wife of W. M., of, &c. Or,— R. S„ of, &c, the steward of W. M., of, &c, Esquire. Or,— T. A., of, &c, agent for C. M., of the city of Paris, in the Republic of France, Merchant. Or,— R. R., of, &c, clerk— o/-, book-keeper— or, servant — to H. M., of the same place, Merchant— or, to A. B. & Co., trading at L. — or, in the city of B.— as and under the style or firm of "A. B. & Co.'' (according to the style of the firm). Where a company petitions for a winding-up order the affidavit in support is made by a director, secretary, or principal officer of the company : Winding-up Rules, 1890, r. 36. Or,— if made by one of a firm,— R. R., for and on behalf of myself and G. A. and T. 0., my co-partners in trade. Or, — R. R., of, &c, Gentleman, executor of— or, one of the executors named and appointed in and by — or, surviving executor under — the last will and testament of H. M., deceased. If made by an executor, here add, — which said H. M. was solo executor of the last will and testament of G. H., deceased. Or, — R. R., of, &c, Gentleman, administrator of all and singular the goods and chattels, rights and credits, which were of G. R., deceased, at the time of his death ; who died intestate — or (if made by ar, administrator de bonis non) — administrator 88 PB ACTIO AL FORMS. SECTION 2. Th Subject-matter of the Affidavit. No. 2. The Debt. (Aff< r make oath and say), add: — 1. That (d) (the debtor), the above-named defendant (e), is justly and truly indebted to me (/) in the sum of ■ pounds for, &c. (see the following fifty-eight forms and the indorsements of writs given in the Rides of Supreme Court, 1883, App. A, Part III.). STATEMENT OF THE CAUSE OF ACTION. (A.) Special Contracts. No. 3. For Principal and Interest due upon a Mortgage. For (g) principal and interest due [and owing] from the said of all and singular the goods and chattels, rights, and credits, which were of H. M., deceased, at the time of his death, and left unadministered by G. P., deceased ; which said G. P., deceased, was the cxeou:or — or, surviving executor under the last will and testament of the said H. M. , deceased — or, administrator — or, administrator with the will annexed, — of all and singular the goods and chattels, rights and credits, of the said H. M., deceased. Or, — E. R., of, &c, Gentleman, Trustee — or, one of the trustees of the estate and effects of G. R., a bankrupt. Or, — R. R., of, &c, Grocer, one of the above-named plaintiffs — or, who has sur- vived S. S. , his late partner, deceased. Or, when sworn by two or more deponents — We, A. B., of the above- named [or, one of the above-named] plaintiffs [or, defendants], C. D., of , severally, make oath and say as follows : — And first, I, the said A. B., for myself, say, &c. And I, the said C. D, for myself, say, &c. And we, the said A. B. and C. D., severally say, &c. ((/) It is not necessary to commence each paragraph with " that," but it is convenient to do so where the affidavit is short, otherwise after " say," add the words ''as follows," and commence the paragraphs with "On" or other suitable word, according to the context. (e) If so, here add — who has survived S. S., his late copartner in trade. (/) If the debt be due to a firm, here add— and to A. B. and C. D., my co- partners [in trade]. If due to an executor, here add — as such executor as aforesaid. Or, when made by one of several exi cutors, say— me [this deponent] and C. D. as executors- -or, surviving executors — of the last will and testament of (the testator), deceased. Or, — if made by an administrator or assignee, say — as such administrator— or, assignee — as aforesaid. Or, if made by husband and wife for a debt due to the latter, or as legatees, here add — and C. M., my wife, as legatees under the last will and testament — or, if for a distributive shore -of a distributive share of the estate and effects of (the intestate), deceased. Or, if made by a cestui que trust upon a special contract — unto the (trustee), in trust for me, this deponent. (tj) This must follow after the words " pounds" in the previous form. PRACTICAL FOB MS. 89 (mortgagor) to me upon and by virtue of a certain indenture of mortgage, under his hand and seal, and bearing date, cvc., and made between, &c, whereby he [the said (mortgagor)] covenanted [and agreed] to pay to me (h) the sum of pounds, with interest for the same after the rate of ■ pounds per centum per annum, at a certain day now past. No. 4. Same by an Assignee. Fou principal money and interest due on a certain indenture of mortgage, bearing date, cvc. [as in last form], whereby the said (mortgagor) covenanted [and agreed] to pay to the said (mortgagee), his executors, administrators, or assigns, the said sum of pounds, with interest, &c, (as above), as appears by the said indenture and as I verily believe (■/). And I further say, that the said indenture of mortgage, with the principal and interest due (A;) thereon, have been duly assigned by the said (mortgagee) to me (I) : And I (the assignor) the other deponent for myself say that I did not previously to such assignment receive, nor have I since received, the said sum of pounds and interest, or any part thereof. No. 5. For the Arrears of an Annuity. For the arrears of a certain annuity or yearly sum of pounds, granted by the said (grantor) unto me (m), in and by a certain indenture (n) bearing date, &c, and made between, &c, payable from the day of the date thereof for and during my life (o), and (/() Or, if made by an executor or administrator, instead of "to me" sub- stitute — to A. B., deceased. (i) A party suing en autre droit as executor, administrator, trustee of a bank- rupt, assignee, or the like, is allowed to swear to the best of his belief, the grounds of such belief being stated : Eules of Supreme Court, 1883, Ord. 38, r. 3 ; Sheldon v. Baker, 1 T. R. 84 ; Luwe v. Farlexj, 1 Chitt. 92, and by the books, &c, of the deceased, Fowler v. Morton, 2 B. & P. 48, as it cannot be presumed that he is able to swear positively to the fact. (k) And, if so — all other moneys to become due. (I) If the affidavit be made by an assignee the assignor must join to negative its payment to himself, but as to the position of the transferee of a statutory mortgage : see Conveyancing and Law of Property Act, 1881, s. 27 ; and, as to the effect of an absolute assignment of which express notice has been given to the party liable : see Judicature Act, 1873, s. 25, sub-s. 3. (m) Or, — unto the said J. K,., since deceased, his executors, administrators, and assigns ;— who, in and by his last will and testament, in writing [bearing date. &c], devised the same to me. (n) Or, — devised to me by the last will and testament of the (testator), late of. &c. Grocer [bearing date, &c.]. (o) Or,— for and during the natural lives of C. P. and E. F., and the life of the survivor of them, or, — as tin casi i«<'\j be, or, — for and during the term of years, thence next ensuing. 90 Pit A C TIC A L FORMS. whereby the said {grantor) also covenanted ( p) duly to pay the same yearly and every year unto me by equal half-yearly (q) pay- ments, namely, on the day of , &c. (stating the times), in each and every year during my life (r) : And I further say that one (s) of such half-yearly or, quarterly payments, amounting to the said sum of pounds, is now in arrear and unpaid. No. G. TTor Rent due on Lease. Foe the arrears of a certain yearly rent of pounds (t) due and payable to me, upon and by virtue of an indenture of lease, bearing date, &c, and made, &c. («). No. 7. Upon a Judgment. Upon [and by virtue of] a certain judgment of the [Queen's Bench] Division of Her Majesty's High Court of Justice recovered by me (x), the day of , 19 — , against the said (debtor), the sum of pounds, for my damages, costs, and charges (y). No. 8. Upon a ( Voyage) Policy of Insurance. Upon and by virtue of a certain policy of insurance effected by me (z) of a certain ship or vessel called " The Dart," on a voyage (p) J ') — if given by will, instead of covenanted, substitute — directed the same to be paid to me by equal half-yearly — or, quarterly payments to commence from his death, which happened on the day of , 19 — . (q) Or, — quarterly, namely, on, &c. (stating the times). (r) Or, — the said lives — or, the said term. (s) Or, — two (or more) of the said half-yearly — or, quarterly payments, amount- ing together— or, altogether — to the sum of pounds, are now respectively in arrear and unpaid. (t) Or, — for one year's — or, a half — or, a quarter — of a year's rent. (u) If against an assignee, here add — which said indenture of lease, and all the estate and interest of the said (lessee) in the premises thereby demised, were, in and by a certain indenture, bearing date, &c, and made, &c, assigned by him to me for and during the residue of the said term. (.') Or, — wbereby I, on the day of , 19 — , recovered, &c. (;/) Or, — for a debt — or, other cause, according to the terms of the judgment- amounting to pounds, and also the sum of pounds, for my damages, costs, and charges. Or, — if the affidavit be made by an executor or assignee, say, — re- covered by the said J. R., deceased, in his lifetime, against the said {debtor) for the sum of pounds, &c.(as above), adding — and which judgment is still in force and unsatisfied as appears by the record of such judgment, And as I verily believe — (z) Or, if property therein, say — on certain casks of wine — (or other things) of the value of pounds, on board, &c. (as above). PRACTICAL FORMS. 91 from London to Quebec (or, as the case may be) ; and which said policy was and is underwritten by the said (debtor) for the sum of pounds : And I further say that the said ship or vessel was lost (a) on her said voyage; which loss (b) was one of the perils insured against by the said policy : And I further say, that a loss of pounds (c) upon the said policy has since been adjusted and signed by the said (debtor). Xo. 9. Upon a Time Policy. Upon and by virtue of a certain policy of assurance, whereby I (d) caused myself to be insured, amongst other things, against loss by perils of the seas during the space of calendar months, com- mencing on the day of , one thousand nine hundred and , in the port or at sea, with liberty to touch, stay, trade, and proceed to all ports and places whatsoever and wheresoever, on a certain ship or vessel of this deponent, called " The Agnes," valued at the sum of ■ pounds, on my own account ; and which said policy of assurance was underwritten by the said (debtor) for the sum of pounds (e) : And I further say, that the said ship or vessel was, during the said voyage by and through the force and violence of the winds and waves and the perils of the seas greatly damaged (/) ; And that a loss of pounds per centum on the said policy of assurance was, on or about the day of , adjusted and signed by the said (debtor). No. 10. For Premiums of Insurance (g). For certain premiums of insurance due and payable from the said (debtor) to me as the underwriter of certain policies of insurance, for and on behalf, and on the account of the said (debtor), for the insur- ance of divers large sums of money on certain ships or vessels (h) by me for the said (debtor), and at his request. ( a ) Or,— was captured- -or, taken as a prize— or, the said casks of wine were captured and taken as a prize, on board the ship or vessel, by the enemies of our lady the Queen. (6) Or, — capture. (c) Or, — pounds per centum. (d) Or, — by A. B., as my agent, (e) If underwritten by an agent, here add— A nd I further say, that the said policy of assurance was effected by B. and C, as the agents for and on account of the said (debtor). (/) Or, — wrecked, lost, and destroyed. (g) A shorter form would run— For premiums due and payable by the said (dt I tor) to me, for insuring certain ships and vessels — or, goods— by me for the said (dibtoi ) and at his request. The request must be stated, Marshall v. Davison, 2 Tyr. 315. y procuration, say — drawn— or, respectively drawn by procuration for and on my account— or, by me and my co-partner trading as— or, under the style — or, firm — of "A. B. & Co." (x) Or, — to me and my said co-partner, or our order. 0/) This will be implied under the Bills of Exchange Act, 1882, s. 8, sub-s. (4). (z) If any interest be due on the bill, here add — and for interest thereon after the rate f per centum per annum from the day of last [ — or, 19 — ] when the said bill of exchange became due. (a) Or, if by bearer, say — bearer. (b) Or,— to the order of the said {debtor). ( c ) r> r , — as the case may be. When the last six words are used, the date should be omitted. ( f /) Or, — and by him transferred and delivered to me — and (if so), to my said co- partner—or, to (the fust indorsee) who indorsed the same to me— or, (if so) to me and my said co-partner. If the acceptor has refused payment, here add — and payment of which said bill of exchange has been refused by the said (acceptor), and if acceptance has been refused, omit the words— and accepted by— and add— and which said bill has been refused acceptance by the said (acceptor). PRACTICAL FORMS. 95 as payee of a certain bill of exchange [bearing date, &c.,] drawn by the said (debtor) upon me (the intended acceptor) for payment of the [said] sum of ■ pounds to the said (debtor) or to his order (e), at a certain day now passed (/), and which said bill of exchange was duly indorsed to me and has been refused acceptance (g). No. 21. Payee or Indorsee against Acceptor. Proceed as last directed, and then add — as payee (h) of a certain bill of exchange bearing date, &c, drawn by (the drawer) upon and accepted by the said (debtor) for the payment of the said sum of pounds •months after the date thereof, to the said (drawer) or to his order (i) and which said bill of exchange was duly indorsed by him, the said (drawer) to me (h). No. 22. Indorsee against Acceptor. (Foreign Bill of Exchange.) For principal money due upon [and by virtue of] a bill of exchange drawn by the said (drawer) at Paris in the Eepublic of France (or, as the case may be), upon and accepted by the said (debtor) for payment of francs to the order of the said (drawer), and by him indorsed to me, which [said] bill of exchange has been refused payment by the said (debtor) and [the same] has been duly protested for such non-payment, w r hich said sum of francs was at the time of the drawing of the said bill and when it became payable, and still is of the value of pounds of lawful money of Great Britain. (2.) Ox Promissory Notes. No. 23. Payee against Maker. For principal money due to me on a certain promissory note, bearing date, &c, and made by the said (debtor) whereby he promised (e) See ante, n. (b). (/) See ante, n. (c). (i\ of certain goods and chattels, or other tilings, naming them, or, of certain lighters and other vessels. (q) Add, if desired — the said debtor. PRACTICAL FORMS. 09 No. 34. For the Use of a Dairy. For the use and employment of a certain dairy of cows belonging to me, and by me let to hire and delivered to the said (debtor), and at his request, and by the said (debtor) held and enjoyed as tenant thereof to me for six months (or other term) now elapsed. No. 35. For Demurrage. For the use of a certain ship or vessel belonging to me (r), held and retained on demurrage and otherwise for a long time now elapsed, by the said (debtor) and at his request. No. 36. For Wages or Salary. For wages (s) due and payable from the said (debtor) to me, for services rendered and performed by me for the said (debtor), as the hired servant of the said (debtor) (t) and on his retainer. No. 37. For Board and Lodging. For meat, drink, lodging, washing, firing, candles (u), attendance, and other necessaries found and provided by me (x) for the said (debtor) at his request (y). No. 38. For Board and Education. For meat, drink, lodging, maintenance, and education (z), found and provided by me for the said (debtor) and at his request. (r) Or, — whereof I this deponent am — or, was, master, if so — with divers goods, furniture, and effects, in and on board the same. (s) Or, — salary. (/) Or, — as clerk to — or, as the master and commander of, — or, as mariner en hoard a certain ship or vessel belonging to the said (debtor) called "The Dart." (a) These classes of words must be varied according to the circumstances. (as) Or, — if so — as an innkeeper, — or, hotel keeper, — or, lodging-house keeper. (;/) Or, — for the said (debtor), and (if so) divers other persons, and at his request. (z) And, if so, — for washing, and for clothes and other necessaries, for J. R., the infant son, — or, daughter,— or, illegitimate child — of the said (debtor). 100 PRACTICAL FORMS. No. 39. For Money Lent, Paid, Received, or Due on Account Stated. Fob money lent and advanced by me (a) to the said (debtor) at Iih request (b). No. 40. For Interest. For interest due and payable to me from the said (deMor), upon moneys due and owing from him [the said (debtor)] to me, and which interest the said (debtor) contracted and agreed with me to pay me. No. 41. For Goods Sold and Delivered. For goods (c) sold and delivered by me (d) to the said (debtor) (e) and at his request [if tlie affidavit be made by executors, &c, add as I verily believe]. No. 42. Fur Work and Labour. For work and labour done and performed, and for materials for the same, found and provided (/) by me (g) for the said (debtor) and at his request. No. 43. For Work as an Agent. For work and labour, care and diligence, done, performed, and bestowed by me, as the agent of, and for, the said (debtor) and on his (a) Or, — paid, laid out and expended by me for the use of. (/,) Or, — for money received by the said (debtor) for my use — or, for money found to be due from the said [debtor] to me upon the balance of an account stated and settled by and between us — or, between the said {debtor) and me this deponent. (c) Or, — a horse, a gelding, sheep, cattle, — or, other things. (d) Or, — for certain fixtures and chattels — or, the goodwill of a business bargained, sold, relinquished, and given up by me — or, by the said J. E., deceased, in his lifetime,. according to the circumstances. (e) Or, — to and for the use of the said (dt btor). (/) And {if so) for journeys made and taken in and about such work. (g) And, if so, my said co-partner, and our servants — or, if by an executor — by me and the said J. R., now deceased, in his lifetime. PRACTICAL FORMS. 101 retainer [and, if so, for commission and reward due, and of right payable from the said (debtor) to me in respect thereof]. No. 44. For Tithe Rent-charge. For one year's rent-charge in lieu of the tithes of corn and grain which arose and grew upon or out of certain lands and hereditaments in (h) the occupation of the said (debtor), bargained and sold (/) to the said (debtor) by me for the term of one year (or other period) now elapsed, and at his request and by the said (debtor) taken and retained to his own use. No. 45. For Agistment, and for Horse-keep and Stabling. For agisting, feeding, keeping, and depasturing certain horses (k) by me for the said (debtor) and at his request, and for corn, hay, fodder, stabling, care, and attendance found, provided, used, and bestowed by me in and about the feeding, keeping, and lodging of divers horses, mares, and geldings (or any of them) for the said (debtor), and at his request. No. 46. For Work as a Solicitor. For work done by me as a solicitor in and about the conducting and prosecuting of (I) several causes, suits, matters, and things for the said (debtor), at his request and on his retainer (m). No. 47. For Work as a Surgeon and Apothecary. Proceed as in the last form down to the words as "a solicitor," and then add— As a surgeon in and about the performing of divers (h) Or, — late in. (i) Or, — demised. (fc) Or, — sheep — or, cattle. Q) Or,— conducting and defending — or, conducting, prosecuting, and defending. (in) And (if so), for materials for the same, provided by me for the said (debtor) , and on his retainer, — and (if so) for fees due and payable to me in respect thereof — or, in and about the drawing, copying, and ingrossing of several deeds, documents, and writings — and (if so), for money paid by me for the use of the said [debtor) — and (if so), for several journeys had and taken — and (if so), in and about divers other business, matters, and things transacted, done, and performed by me for the said (debtor) and at his request. 102 PRACTICAL FORMS. necessary operations on, and treating, healing, and curing the body of the said (debtor) (n) of divers diseases, disorders, and maladies | under which he (o) respectively laboured and languished] for the said (debtor), and at his request ; and for fees due and payable to me in respect thereof (p). No. 48. As a Notary. Proceed as in the foregoing form down to the words "as a solicitor," and then add — As a notary in and about, the translating, transacting, and copying divers records, charters, writings, and other documents [and, if so, in and about divers other business, matters, and things transacted] done and performed by me for the said (debtor), and at his request. No. 49. As an Architect, §e. For work and labour done and performed by me as an archi- tect (a) for the said (debtor), and at his request [and, if so, in and about other business, matters, and things, of the said (debtor) done and performed by me for the said (debtor), and at his request] and for journeys and attendances made, taken, and performed by me in and about the business of the said (debtor) [and, if so, for materials therein found and provided by me for the said (debtor)], and at his request. [If done by commission, here add the clause in form, ante, applicable to an agent, No. 4o.] Ko. 50. As an Undertaker. Foil work done by me as an undertaker of funerals, in and about the funeral of A. B., deceased (r), on the retainer and at the request of the said (debtor), and for a hearse, coaches, horses, materials, and other (s) necessary things by me supplied and used in and about the furnishine and conducting of the said funeral for the said (debtor), and at his request. („) Or,— if so,— the body of A. B., the wife— or, infant son— or, daughter,— or, servant — or, the bodies of divers other persons. (o) Or,— they. (p) If by a mrgeon and apothecary, here add— and also for divers medicines, chattels, and other things found and provided, administered, applied, and delivered by me and my servants and assistants to and for the said (debtor) and at his request. (q) Or, — surveyor— or, auctioneer and appraiser. (r) Or, — of a certain person. (s) Or, — divers hsarses. PRACTICAL FOBMS. 103 No. 51. As a Coach/maker. For work and labour, care and diligence, done, performed, and bestowed [and, if so, for divers materials found, provided, and used by me] in and about altering, repairing, and cleansing the carriage (t) of the said (debtor), and at his request. No. 52. As a Shipwright. For work, &c, materials, &c. (as in the last form), found, provided, and used by me [and my servants] in and about the altering, repairing, and cleansing the ship or vessel called "The Dart," whereof the said (debtor) was the master [and commander] at the request and by order of the said (debtor). No. 53. As a Dancing Master. For work and labour, care, diligence, and attendance, done, per- formed and bestowed by me as a professor of dancing, in and about the teaching and instructing one A. B., the infant son (u) of the said (debtor), in the art and accomplishment of dancing, for the said (debtor) and at his request. No. 54. As a Schoolmaster. For work and labour, care, diligence, and attendance, done, per- formed and bestowed by me as a schoolmaster, and by my servants and teachers, in and about the teaching and instructing of one A. B., &c. (as in the last form) (x), in reading, writing, and arithmetic, good manners, and other useful and necessary qualifications and accomplishments, at the request of the said (debtor) : And also for divers books, pens, and other necessary materials and things, pro- vided, used, and employed by me in and about such work and labour for the said (debtor), and at his request. [If for board and lodging also, here add the form in No. 37*. J {t) Or, — chaises. {u) Or, — daughter — or, illegitimate child. x) Or, — divers infants and persons. 104 PRACTICAL FORMS. No. 55. As a Nurse. For work and labour, care, diligence, and attendance, done, performed, and bestowed by me in and abont the nursing, instructing, and taking care of one A.B., the infant son,cvc. (as in No. 38, n. (z)). No. 5G. As a Factor, §c. For work and labour, care, diligence, and attendance, done, performed, and bestowed by me as the factor and agent of, and for, the said (debtor), in and about the selling and disposing of divers goods and chattels (y) for him the said (debtor) and at his request [and, if so, in and about paying and discharging certain duties and charges of, or upon certain goods, wares, and merchandizes of, and tor the said (debtor).] No. 57. As a Carrier. For the carriage (z) and conveyance (a) of certain goods and chattels carried and conveyed by me (6) for the said (debtor), and at his request. No. 58. For Freight, Primage, or Average. For freight (c) due from and payable by the said (debtor) to me upon, for and in respect (d) of the carriage and conveyance of certain goods and chattels (e) from divers places to divers other places (/), for the said (debtor) and at his request. (if) Or, — goods, wares, and merchandizes; and (if so), in and about certain other commissions, dealings, and business. (z) Or, — lighterage. (a) Or, — tonnage. (b) Or, — if so, — carried and conveyed in certain lighters and other vessels [or, — in certain boats or barges in and upon a certain canal from London to Bristol] and shipped and landed in and out of the same. (c) Or, — balance of freight — or, primage and average. (rl) These words must be adapted to the fact. (e) Or, — wares and merchandizes, carried and conveyed by me in and on board of a certain ship or vessel called " The Vine," whereof I was master and commander. (/) Or, — if the places are known with certainty, name them, as— from London to Cork. PRACTICAL FORMS. 105 No. 59. As an Insurance Broker. For work done by me as an insurance broker, in and about the writing, drawing and making out of divers policies of insurance of divers ships and vessels ((/) for the said {debtor) and at his request. No. 60. For Passage Money. For the passage of the said (debtor) (h) from London to Quebec (i), in and on board a certain ship or vessel belonging to me (k), and at his request. SECTION 3. Jurats (I). No. 61. If sworn in Court, — Sworn in Court (m) at the Koyal Courts } of Justice, / Or, if on circuit, — at W. in the county of H. Or if before a Judge at chambers (or at his private residence), — At the Judge's chambers, in the Eoyal ) Courts of Justice, London, j Or, — at my house in Square, in the ) county of Middlesex, ) Or, if before a chief clerk, — At the chambers of Mr. Justice , Eoyal Courts of Justice. Or, if before a Master, — At the Master's room, No.- — , Eoyal Courts of Justice, London. Or, if before a Commissioner, — - At my office, No. — , Street, the city of Bristol, Or, — at my office at W\, in the county of D. i'j) Or, — goods, wares, and merchandizes ; and (if so) in and about the causing and procuring of divers persons to insure divers sums of money on the said ships or vessels, — or, goods, wares, and merchandizes. (It) And (if so) other persons. (/) Or, — from divers places to divers other places. (k) Or, — whereof I was master and commander; and (if so) for meat, drink, and other necessaries found and provided by me for the said (debtor). (I) See the provisions of the Commissioners for Oaths Act, 1889. The examples are some of the jurats in ordinary use. For the more special ones — and there is a variety — the practitioner is referred to the useful publications by Ford and by Braithwaite on Oaths. As to the persons before whom an affidavit may be sworn, see Dan. Ch. Pr. and Ann. Pr. 1905. (m) Or, if the Court be not mentioned at the top of the affidavit— in the Division of the High Court of Justice. 106 PRACTICAL FORMS. {Adding in all cases) this day of- - 19—. The Commissioner or other person administering the oath, signs his name at the foot of tin- jurat thus: — Before me, (Signature ) (If before a Commissioner (n)) A Commissioner to administer oaths in the Supreme Court of Judicature (o). (IfinCourt) omit "before me" and in lieu of signature, the words are "by the Court." (If before a Judge) . . . the words "before me" are not neces- sary. (If before a Master) . . . after the signature add " a Master of the Supreme Court." (If before a Chief Clerk) . after the signature add "Chief Clerk " (p). No. 62. When the affidavit is made by two or more deponents, and they are both sworn at the same time andbef ore the sanu Commissioner, the jurat should run thus: — SwOEN by both, or all — the above named | deponents severally at, &c. (as above), f But when the deponents are sworn separately at different times and before different Commissioners, the jurat must run thus: — (Signature.) Sworn by A. B. the above-named deponent, \ at, &c. ' Or, — Swoen by the above-named deponent I A. B. at, &c. i (/() The Commissioner or other person must add (not necessarily in his own handwriting) his full official character and description. (o) It is not necessary to add the words ' ' in England." (//) No alterations can now be made after the affidavit has been sworn, much less initialled by the Commissioner, and in all cases, therefore, where after- alteration becomes necessary, the affidavit must be re-sworn. An affidavit or any other document sworn to may be re-sworn at any time before it is filed. If on re-swearing a second jurat is given commencing with the word " re-sworn,'' then the first jurat should not be struck out or in any manner interfered with ; but if the second jurat commences with the word "sworn," then the first jurat must be struck out, and the striking out be authenticated by the initials of the Commissioner before whom the affidavit is last sworn. . A note should be appended to the affidavit showing on whose behalf it is filed : Rules of Supreme Court. 1883, I >rd. 38, r. 10, and Ord. 66, r. 7 (k) thus : — This affidavit is filed on behalf of the plaintiff— or, defendant— or, petitioner— (or, respondent — or, A. B. — or, as the case may be. Exhibits must also be signed by the Commissioner. For the forms of Exhibits, see pout, tit. "Exhibits." PRACTICAL FORMS. 107 No. 63. When the deponent is a marksman, the following words should he added immediately after the date: — And I certify that the above written 1 ) affidavit was first read over by me, or,— in | my presence — to the above-named deponent A. B., who seemed perfectly to understand the same, and who set his, or — her — mark thereto in my presence. So if the deponent he blind or deaf and dumb, the jurat must be a special one, the following words being, in Wee manner, added after the date : — If made by a blind person — And I certify that the above written \ affidavit was first truly, audibly, and dis- tinctly read over by me — or, in my presence (as the fact may be)— to the above-named deponent, A. B., who is blind, and who declared he perfectly understood the same, and set his mark thereto— or, signed the same — in my presence. If made by a deaf and dumb person, — And I certify that the above written affidavit was first carefully read over by the above-named deponent, A. B. (q), who sig- nified to me that he perfectly understood the same, and signed his name — or, set his mark thereto — in my presence. No. 04. So when the deponent is a foreigner, the following special jurat becomes necessary : — And I certify that the above written \ affidavit [or, the contents of the above written affidavit] were previously read over and explained to the above-named deponent A. B. in the national language, as the French \ [or, Italian or, other] language by (the inter- preter adding his place of residence and addi- tion), who was also first duly sworn to the true interpretation thereof [or, who was also first duly sworn truly to interpret the same]. The interpreter shoidd have the following oath administered to him (7) Sometimes these parties cannot read. In such cases, the jurat must be vaiied thus — the contents of the above written affidavit having first been carefully and deliberately conveyed and explained by A. B , his usual attendant and guide, by means of motions and signs to the above-named deponent, who is deaf and dumb, and who signified that he perfectly understood the same, and set his mark thereto in my presenca. 103 PRACTICAL FORMS. before the deponent is sworn; but it may be done afterwards. If before : — You swear that you will truly interpret this affidavit to the deponent A. B. ; and that you will also truly interpret the oath to be taken by him. If sworn after the interpretation : — You swear that you have truly interpreted this affidavit to the deponent A. B., and that you have also truly interpreted the oath taken by him. PAET IV.— AFFIRMATION (r). No. 1. In the, &c. (Title as in an affidavit (s).) I, A. B., of (t), do solemnly and sincerely affirm as follows, that is to say : — I (state the facts which the affirmant affirms as in an affidavit) (affirmant) Affirmed (u) at , in the county (x) of , on the day of , 19- Before me, Filed on behalf of . (Signature.) A Commissioner, &c. (or as the case may be, see Part III. Affidavits, No. 61.) PART V.— APPOINTMENT. No. 1. Of an Arbitrator under the Lands Clauses Act, 1845 (//). Whereas I, the undersigned (the landowner), of, &c, Grocer, did, on or about the day of , 19 — , receive a notice in writing from the Water Works (z) Company (copies of which notices are hereunto annexed), requiring certain lands therein men- tioned for the purposes of the said Water Works Company, as (/■) This is the general form given by the Oaths Act, 1888, for use by any person objecting to be sworn, and stating as a ground of such objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief. Oath in the Judicature Act, 1873, includes affirmation, see s. 100 and Annual Practice, 1905. (s) See the headings to the various affidavits throughout this collection. (t) Insert place of abode and addition. (it) The Commissioner, or other officer taking the affirmation, should satisfy himself of the sincerity of the objection to be sworn, but by s. 5 any person may require to be sworn in the Scottish manner with uplifted hand without question. x) Or, — city. (v) See s. 25 of the Act (8 & 9 Vict. c. 18). (~) Or, other company. PRACTICAL FORMS. 109 to the sum of money to be paid to me for the purchase of the same and for the compensation for injury by severance and other the damage sustained [or to be sustained | by me by reason of the execu- tion of the works of the said Water Works Company ; And Whereas, by a notice in writing under my hand bearing even date herewith, and directed to the said company, containing the several particulars prescribed in that behalf in " The Lands Clauses Con- solidation Act, 1845," I have signified to the said company my desire to have the question of compensation in relation to the matters in the said notice contained, settled by arbitration. Now, therefore, in pursuance of the provisions of the said Lands Clauses Consolida- tion Act, 1845, I do hereby nominate and appoint CD., of, &c, surveyor, to be the arbitrator on my behalf, of and concerning the premises. As Witness my hand this day of , 19 — . {Signature.) No. 2. Of a Parliamentary Election Agent by Candidate (a). Election for the (b) of , 19—. I (candidate), of , a candidate at the present election to serve in parliament for the (b), hereby name and appoint Mr. , of , my agent for the above election. Dated the day of , 19 — . (Signature of candidate.) No. 3. Of a Coroner (c). To All to whom these presents may come. Know ye that, in pursuance of the power and authority in us vested, We, the [have nominated, constituted, and appointed and] by these presents do nominate, constitute, and appoint (the coroner), of, &c, to act as coroner to the said borough of (or county (a) Only one election agent can be appointed for each candidate, but the election agent may appoint sub-agents for polling districts, a declaration in writing of their names and addresses being given by him to the returning officer one clear day before the polling : see ss. 24 (1), (2), (4), 25 (1), (2), (3), 26 (1) of the Corrupt and Illegal Practices Act, 1883. It is better that the above appointment should be in writing. For the form of declaration of this appoint- ment to be given to the returning officer, see post, title "declaration" There can be no payment to an election agent employed at a municipal election, see s. 13 (1) of 47 & 48 Vict. c. 70. (b) county — or, borough— or, division of the county — or, borough. (c) The appointment of Coroners is now vested — A. in boroughs having a separate Court of Quarter Sessions, in the Council of the borough, see Municipal Corporation Act, 1882, s. 171. B. In counties, in the County Council, see Local Government Act, 1888, s. 5. Under the Stamp Act, 1891, a 10s. stamp only seems required. Ml) PRACTICAL FORMS. of) B.; and. as far as in us lies, do likewise give and gp*anf him full power and authority to take the inquisition and inquisitions of the deaths, whenever 'they may happen, of all or any person or persons who shall come to any sudden or unnatural death ot deaths within the said borough (or county); And also to do, perform, and execute all other acts, matters, and things whatsoever, pertain- ing to the said office of coroner for the said borough (or county) aforesaid, according and conformable to the Coroners Act, 1887, and to the Acts of Parliament now in force and [which hereafter, during his said office, shall be in force] relating thereto as is required and ought to be done, executed, and performed in all things according to the true intent and meaning thereof ; And also to take and receive all lawful fees and allowances whatsoever to become due and pay- able for or in respect of the execution of the said office of coroner. Given under our seal this day of , 19 — . (The seal of the Council.) No. 4. Of a Steward (., situate at, &c, and of all other my manors, lordships, and royalties in the county of K, or elsewhere ; And I do hereby give and grant unto the said (steward) [the office of steward of the said manors, lordships, or royalties, with] full power and authority to hold all such manorial and other courts as usually and customarily have been, and of right ought to be, holden within the said manors, lordships, of royalties, or either of them, And also to take and receive to and for my (e) use and benefit all fees, profits, and perquisites whatsoever thereto rightfully belonging, or duly arising therefrom respectively ; And also for me, in my name, and for my use, to ask, demand, levy, sue for, recover, and receive all the customary and other rents, fines, heriots, and amerciaments whatsoever rightfully issuing out or payable in respect of the lands and hereditaments of and belonging to the said manors, lordships, or royalties and incident thereto ; And all goods, waifs, estrays, deodands, privileges, issues, and profits whatsoever rightfully arising, happening, or accruing within the said manors, lordships, or royalties respectively ; And also to do, perform, and execute all such other matters and things as any ways relate to or concern the said office of steward of the said manors, lordships, and royalties respectively : (d) Under the Stamp Act, 1891, a 10*. stamp only seems required. (e) Or, " for his own use and benefit." PRACTICAL FORMS. Ill To have, hold, use, exercise, and enjoy the said office of steward of the said manors, lordships, or royalties, unto the said (steward) [by himself or his lawful deputy or deputies in that behalf], from the day of the date hereof, during my will and pleasure, but no longer: In witness whereof, I have hereunto set my hand and seal this day of , 19 — . Signed by the above-named (constituent) in the presence of me of , in the county of , clerk, on the day and year above written. (Signature ) (Signature of witness.) (L. S.I No. 5. Of a Gamekeeper (/). Know all men by these presents, That I (the principal), of, &c , esquire, lord of the manor [lordship and royalty] of D., in the county of AY., Do hereby nominate, constitute, and appoint (tlie gamekeeper), of M. aforesaid gamekeeper, to be, during my will and pleasure, the [head] gamekeeper of, in and upon, All my manors [reputed manors, lordships, and royalties] of (naming them) (g), with all the franchises, liberties, rights, members, and appurtenances thereto [respectively] belonging ; And for me, and for my use, to keep and preserve all the winged game and wild fowl, and the nests and eggs thereof, and all other game and conies, which for the time being [and from time to time] may be, or be found in or upon my said manors [or reputed manors, lordships, or royalties] or any, or either of them, or any part thereof respectively (//■) ; And also, from time to time to take and kill (i) the same for my sole use and [immediate] benefit (1c), under my orders and directions ; And I do also give and grant unto the said (gamekeeper), as such my gamekeeper as aforesaid, full power and authority for me, and in my name, to take and seize, for my use, all greyhounds, setters, lurchers, sporting, and other dogs, ferrets, guns, bows, trammels, haves, nets, wires, harepipes, snares, or other (/) Stamp 10*. This document must be filed in the office of the Clerk of the Peace for the county in which the manor is situate, 1 & 2 Wm. iv. c. 32, s. 1(5. (y Surviving Trustees {s). This ixdentuke, made the day of , 1894, between E. F., of . , in the county of , Grocer [surviving trustee and appointor], of the one part, and W. Y., of , in the county of , bank clerk [new trustee], of the other part. Whereas A. B., late of Inglenook, in the county of Sussex, gentleman, duly made his will, dated the 1st day of May, 1875, and thereby devised all his real estate, and all the residue of his personal estate not thereby specifically bequeathed, unto and to the use of the said E. F. and G. H. (since deceased), their heirs, executors, and administrators respectively upon the trusts and with under and subject to the powers, provisoes, and declarations therein contained concerning the same. And whereas the said A. B. died on the 20th day of August, 1878, without having revoked or altered his said will, which was duly proved on the 13th day of October, 1878, in the Chichester district registry of the Probate Division of the High Court of Justice. And whereas the said G. H. died on the loth day of December, 1889, and the said E. F. is desirous of appointing the said W. Y. to be a trustee of the said will in the place of the said G. H. And whereas the trust estates, and piemises now subject to the trusts of the said will consist of the particulars specified in the schedule hereunder written. And whereas (t) it is intended that the copyhold hereditaments specified in the said schedule, and also the legal estate in the mortgage hereditaments therein specified, and the stocks and shares therein specified, shall be forthwith transferred into the joint names of the said E. F. and W. Y. Now this indenture witnesseth that in exercise of the power for this purpose given to the said E. F. by the Trustee Act, 1893, (;•) If the conveyance of the freeholds to the trustees "was by a separate deed, the appointment of new trustees of it and the consequent vesting declaration would be also by separate instrument. (s) Stamp 10s., and another 10s. for conveyance or declaration of vesting. {t) C. & L. P. Act, 1881, s. 34, ss. 3. PRACTICAL FORMS. 115 and of every or any other power enabling him in this behalf, the said E. F. doth hereby appoint the said W. Y. to be a trustee of the said will in the place of the said Gr. H., and jointly with the said E. F., for all the purposes of the said will. And this indenture also wituesseth that the said E. F. doth hereby declare that the freehold messuages, hereditaments, and premises specified in the schedule hereto, and all other, if any, the freehold hereditaments and premises now subject to the trusts of the said will, and all chattels, and the right to recover and receive all debts and other things in action, subject to the trusts of the said will, shall immediately upon the execution of these presents by the parties hereto vest in the said E. F. and W. Y. as trustees of the said will, and as joint tenants for the purposes and upon the trusts of the said will. In witness, &c. The Schedule. Part I. Freehold messuage aud premises called Inglenook, 3a. lr. 8p. Freehold farm and lands called Broadlands, 216a. 3r. 13p. Farm and lands called ^Vindybank, freehold, 88a. 2r. Op. copyhold, 16a. lr. 30p. Part II. £1500 on mortgage at 4i per cent., secured on freehold messuage aud farm called Starveaore, 350a. Part III. £2200 Preference Stock of the London and jST. W. Railway. £4500 5 per cent. Debentures of the Lingfield Brewery Co., Ltd. No. 9. Affidavit in Support of an Application, to the Court for the Appointment of a New Trustee (u). 19— — , No. . In the High Court of Justice. Chancery Division. (Name of Judge.) Between, &c. (stating the parties). I, (the deponent), of, &c, Grocer, make oath and say as follows : — 1. I have for years last past known and been well accruainted with (tlie new trustee), of, &c, clerk in holy orders, the person pro- posed to be appointed a new trustee of the will of (the testator), late («) As to applications to the Court by originating summons for the appoint- ment of a new trustee under the Trustee Act, 1893, with or without a vesting order, see R. S. C. 1883, Orel. 55, r. 13a. 11G PRACTICAL FORMS. of (residence and addition), deceased, the testator in the judgment in this action, dated the ■ day of , 1!) — , named. 2. The said (new trustee) is rector of the said parish of . .'!. In my judgment and belief the said (neiv trustee) is a fit, proper, and eligible person to be appointed a new trustee of the said will. (The Deponent.) Sworn, &c. (as in Fart II, No. 1). PART VI— APPRENTICESHIP. . No. 1. An Indenture of Apprenticeship to a Tradesman (%). This Indenture Witnesseth that (the apprentice), minor of the age of years, on the ■ day of last (//), son of (the father), of, &c, grocer (z), with the consent of his said father, testified by his executing these presents, Doth put, place, and bind himself (a) to (the master), of, &c, ironmonger (h), to learn his art, and with him after the manner of an apprentice, to serve from the [day of the date hereof], for the term of years thence next following, and to be fully complete and ended. During which term (c) the said apprentice, his master shall faithfully serve, his secrets keep, and his lawful commands everywhere (d) gladly do ; He shall do no damage to his said master, nor see it done by others, but to his power shall tell or forthwith give warning to his said master of the (x) This is the old form lacking space for the consideration and covenants, but being still in general nse it is inserted here with variations. Stamp 2s. 6d., unless the child is apprenticed at sole cost of a parish or public charity. (y) Or, — next. (2) In the city of London an infant above fourteen years of age may bind himself to a freeman, and in case of the death of the master, his executors are bound to find another master for the apprentice. (a) Or, — herself. If either party be a female the necessary alterations in the wording must be made throughout. (b) Or, other trade or business. (c) The master or mistress is entitled to the whole time, unless otherwise stipulate : Thompson v. Hot-dock, 1 Camp- 527. If, therefore, any holidays or special hours are bargained for, as they should be in the case of an outdoor ap- prentice, here add — daily, Sundays [holidays and special fast and thanksgiving days] excepted from the hour of ■ in the morning tiU the hour of in the evening during the winter months — or, from the ■ day of till the day of and during the spring and summer months — or, from the said day of tiU the said day of in each year, from the hour of in the morning till the hour of in the evening, save only the usual hours allowed for meals — or, save one hour — or, half-an-hour during the said winter months, and one hour during the other months, for [the purpose of taking] breakfast, and one hour for his dinner — or, during the hours --or, the hours for meals, hereupon indorsed. This latter mode of stating them is best, as there is no room for it in the printed form. (d) An outdoor apprentice cannot be compelled to follow if his master removes from the place where lie resides when the apprenticeship takes place : Eaton v. Western, 9 Q. B. D. 036. PRACTICAL FORMS. 117 same ; He shall not waste the goods of his said master nor lend them unlawfully to any ; He shall not commit fornication nor contract matrimony within the said term ; He shall not play at cards, dice, tables, or any other unlawful games (e) whereby his said master may have any loss with his own goods or others during the said term, without the licence of his said master ; He shall neither buy nor sell (/) ; He shall not haunt taverns or playhouses, nor absent him- self from his said master's service day or night unlawfully, but in all things as a faithful apprentice he shall behave himself towards his said master, and all his during the said term. And the said (master) in consideration of such good and faithful services [and of the sum of pounds sterling (o desirable. (, s. 43. The premium is usually paid either in moieties or by instalments : one-half, or a portion, on the execution of the deed of apprenticeship, and the other at the expiration of half, or lesser, or other portions of the term. In these cases this part of the deed should be varied accordingly, thus — in consideration of pounds sterling paid — or, and secured — to be paid by the said {father) in manner following, namely tbe sum of pounds, being one moiety thereof, upon the execu- tion hereof (the receipt whereof is hereby acknowledged) and the remaining moiety thereof, on the day of , which will be in the year 19 — ; such last-mentioned sum being secured to be paid by the acceptance of the said (father) of the bill of exchange of the said (master) bearing even date herewith ; — He, the (master), &c. (as above), Or, if all the premium is to be payable by instalments, it can be stated thus, — in manner following, namely the sum of pounds, part thereof, on the day of next, the further sum of ■ ■ pounds, other part thereof on the day of next ; and the sum of poands, being the remaining part thereof, on the day of , in the year 19 — ; such several sums being secured to be so paid to the said (master) by the promissory note of the said (father) bearing even date herewith, He, the said (master), &c. (as above). When the premium, or any part of it, is thus secured, it is proper to state it on the face of the deed so as to show the true consideration for the security, and as each instalment is paid care should be taken to see that a receipt for it is duly endorsed on the back of the deed. If no premium be paid with the apprentice, or wages are to be given, omit the woids within brackets and proceed as in the form down to the word "finding," and then add, instead of the remainder of that clause : And also will pay unto the said apprentice weekly — or, monthly — the weekly — or, monthly — wages following, namely : shillings per week during the first year ; shillings per week during the second year ; ■ shillings per week during the third year ; and shillings per week during the last year of the said term. In many trades, apprentices are particularly exposed to accidents, and in others such as bricklayers, carpenters, &c, works are frequently stopped during severe weather, and therefore the following stipulation is sometimes made — Provided always, and it is hereby mutually agreed, that, in case the said apprentice shall from illness, severe weather, or other cause be prevented or unable to work for the space of consecutive days (usually seven) or upwards, the said wages shaU cease to be payable at the expiration of the first days next after every such cessa- tion of his services, and shall not again commence until such services shall be resumed. For a form of covenant providing for the return of a portion of the premium in the event of total incapacity of the apprentice through illness, see p. 24S of Derby v. Ilamber, L. R. 2 C. P. 247. The master may also protect himself 118 PRACTICAL FORMS. (father) upon the execution hereof (the receipt whereof is hereby acknowledged)]; He, the said master, doth hereby for himself, his heirs, executors, and administrators, covenant with the said (father), his executors and administrators, that he the said (master), his executors, administrators, or assigns, his said apprentice in the art and business of an ironmonger (//) which he useth, by the best means that he can, will teach and instruct, or cause to bo taught and instructed ; Finding unto the said apprentice suitable and sufficient meat, drink (/), and all other necessaries, except clothes, washing, and mending his clothes, and medicine and medical attendance during the said term : And the said (fa titer), in consideration of the covenants aforesaid, doth hereby covenant and agree with the said (master) that the said (apprentice) shall faithfully, honestly, and diligently serve the said [master) as his apprentice during the term aforesaid, and that the covenants on the part of the said (apprentice) hereinbefore contained shall be duly performed and observed. In witness whereof the said parties have hereto set their hands and seals the day of in the year of our Lord one thousand nine hundred and — . Witness, (Signatures.) of, &c, Drater. (l. s.) against strikes and other impediments to his business by a clause such as that set out at p. 2.30 of Leslie v. Fitzpatrick, 3 Q. B. D. 229. Thus a clause that an infant apprentice shall not be instructed or paid wages on days on which the business of the master shall be at a standstill "through accident beyond the control of the master" is not so detrimental to the infant as to make the deed invalid, and incapable of being enforced against him (Green v. Thompson [1899] 2 Q. B. 1 ; 68 L. J. Q. B. 719 ; 80 L. T. G91 ; 48 W. R. 31). (h) The business should here be carefully stated, for otherwise he may not be compelled to work at or the master to teach him any other. It is no un- common thing for tradesmen to follow two or more trades, and therefore there is greater necessity for this precaution. A builder, for instance, not only carries on the business of a carpenter or bricklayer, or both, but several other businesses, as those of an excavator, plumber, glazier, slater, painter, paper-hanger, &c, and sometimes that of an architect likewise ; all of which the apprentice ought to learn so far as the master can teach him, so as to qualify him for a similar business, and it is a breach of a contract of apprenticeship for a master who lias covenanted to teach several trades to cease to carry on one of them as in Ellis v. Tojip, 6 Exch. 424, where the master covenanted to teach the apprentice in the art of an auctioneer, appraiser, and cornfactor, and relinquished the trade of cornfactor ; but with ordinary workmen the instruction is confined to one or two of such trades as carpenter and joiner, plumber and glazier, painter and paper-hanger, and the like. (i) The master usually hnds tools, and where this is the case here insert the words ; but if the parent is to find all necessaries,, as in cases of outdoor ap- prentices, the words, meat, drink, lodging, washing, mending, tools, and all other necessaries, during the said term, should be added to the father's covenant and omitted here. For a form cancelling an indenture of apprenticeship, see the author's Practical Forms of Agreement, p. .392, and for the form of order of two justices rescinding a contractor apprenticeship and providing for the return of part of the premium, sec Form No. 11 of Schedule 38 & 39 Yict. c. 90. As to apprenticeship of children in industrial schools see 29 & .30 Yict. c. 118, s. 28, and as to apprenticeship of pauper children by guardians, 7 & 8 Vict. c. 101 and earlier Statutes. PRACTICAL FORMS. 110 No. 2. Ordinary Apprentice's Indenture for Mercantile Murine Service. This Indenture, made the day of , 190 — , between , aged years, a native of , in the county of now residing at , of the first part, , of (j) , in the county of , of the second part, and (k) , of , in the county of , of the third part, WITNESSETH, That the said - hereby voluntarily binds himself apprentice unto the said , his executors, administrators, and assigns, for the term of years from the date hereof; And the said apprentice hereby covenants that, during such time, the said apprentice will faithfully serve his said master, his executors, administrators, and assigns, and obey his and their lawful commands, and keep his and their secrets, and will, when required, give to him and them true accounts of his or their goods and money which may be committed to the charge, or come into the hands, of the said apprentice ; and that the said apprentice will not, during the said term, do any damage to his said master, his executors, administrators, or assigns, nor will he consent to any such damage being done by others, but will, if possible, prevent the same, and give warning thereof; and will not embezzle or waste the goods of his master, his executors, administrators, or assigns, nor give or lend the same to others without his or their licence ; nor absent himself from his or their service without leave ; nor frequent taverns or alehouses, unless upon his or their business ; nor play at unlawful games : In consideration whereof, the said master hereby cove- nants with the said apprentice, that during the said term he, the said master, his executors, administrators, and assigns, will and shall use all proper means to teach the said apprentice or cause him to be taught the business of a seaman, and provide the said apprentice with sufficient meat, drink, lodging, washing, medicine, and medical and surgical assistance, and pay to the said apprentice the sum of £ , in manner following ; (that is to say,) the said apprentice providing for himself all sea-bedding, wearing apparel, and necessaries (except such as are hereinbefore specially agreed to be provided by the said master): And it is ijereby agreed, that if, at any time during the said term, the said master, his executors, administrators, or assigns provide any necessary apparel, or sea-bedding for the said apprentice, he and they may deduct any sums properly expended thereon by him or them from the sums so agreed to be paid to the said apprentice as aforesaid : and for the performance of the agreements herein contained, each of them, the said and , doth hereby bind himself, his heirs, executors, and administrators, unto the other of them, his executors (j) Full address. (A;) If there is a surety liis name is to be inserted here ; but a surety is not essential. If there is not one, the part relating to him should be struck out. 120 PRACTICAL FORMS. and administrators, in the penal sum of £ ; (I) and for the per- formance of the covenants on the part of the said apprentice herein contained, the said , as surety, doth hereby bind himself, his heirs, executors, and administrators, unto the said , his executors and administrators, in the penal sum of £ : Provided, that not- withstanding the penal stipulations herein contained, any Justice or Justices of the Peace may exercise such jurisdiction in respect of the said apprentice as he or they might have exercised if no such stipulations had been herein contained. In witness whereof, the said parties have hereunto set their hands and seals, the day and year above written. Signed, sealed, and delivered, in the presence of — Place of the Seal. {Master.) Tlace of the Seal. . (Apprentice.) Place of the Seal. - (Surety.) Registered at the Port of this day of , 190—. Signed . Note.— This Indenture must be executed in duplicate ; both copies must be taken within seven days after execution either to the Registrar General of Shipping and Seamen, Carlisle Place, Westminster, London, W., or, if in the Outports, to the Superintendent of the Mercantile Marine Office ; one copy will then be retained and recorded, and the other returned to the master with the necessary indorsement. PART VII.— ARBITRATION (//). Short Form of Submission. We agree to refer all matters in difference between us to the award of X. Y., of , in accordance with the provisions of the Arbitration Act, 1889. (Signed.) A. R. of ( J. D. of (?) See note (fc). (ll) And see Moore's Practical Agreements. 6th ed., by Edward Manson. PRACTICAL FORMS. 121 PART VIII.— ARTICLES OF CLERKSHIP. No. 1. Affidavit of loss of Articles of Clerkship. In the High Court of Justice. In the Matter of (m), gentleman and articled clerk. I (the deponent), of, &c, a solicitor of the High Court of Justice, make oath and say : — 1. That by certain articles of clerkship duly inrolled, bearing date, &c, and made between (the clerk) [son of (the father), of, &c, gentleman] of the first part,— the said (father) of the second part — and me, this deponent, of the third part— the said (clerk) became bound to serve me, this deponent, as an articled clerk in the business or profession of a solicitor of the said Court thenceforth for the term of five years upon certain terms and conditions in the said articles of clerkship expressed : 2. I further say that the said articles of clerkship have either been stolen from the office of this deponent, or accidentally and inadvertently destroyed, lost, or mislaid, so that they cannot now be produced; and that I [this deponent) have made [and cause to be made] many and diligent searches and inquiries for, but I have been and still am unable to find or discover, the same. Sworn, &c. (as in Part II, No. 1). (Signature.) PART IX.— ASSIGNMENT. No. 1. Of a Policy of Life Assurance (n) , (On the Life of the Assignor). This Indenture, made the day of , 19—, between (the assignor), of, &c, Grocer, of the one part, and (the assignee), of, &c, Draper, of the other part ; WITNESSETH, that in consideration of pounds to the said (assignor), paid by the said (assignee), upon the execution hereof (the receipt whereof is hereby acknow- ledged), he, the said (assignor) [by these presents] doth assign and transfer unto the said (assignee), [his executors, administrators, and assigns,] All that policy of assurance, numbered , under the hands and seals of three of the directors of " The Insurance Society " and bearing date the day of , 19— ; whereby, for the consideration therein expressed, a sum of pounds, with all such further sum or sums of money, if any, as should be assigned to, or in respect of such policy, was assured to be paid to the executors, (in.) Name of articled clerk. (n) This is the old form, containing full covenants without regard to the pro- visions of the Judicature Act, 1873, s. 25, of the Conveyancing Act, 1881, and the statutory form in the Policies of Assurance Act, 18b7. Forms with refer- ence to these Acts will be found, post ; and for agreements to purchase, see Forms, Nos. XLVII. and XLVI1L, in the author's Practical Forms of Agree- ments. The stamp is ad valorem on the purchase money. 122 PRACTICAL FOE MS. administrators, and assigns of the said (assignor), by the said society, within calendar months next after proof of his death, on pay- ment of the annual premium (o) of pounds in the meantime ; And also all bonuses, additions, sum and sums of money whatso- ever now due, and hereafter to become due and payable upon or by virtue [or in respect] thereof; and all the right, interest, benefit, advantage, property, claim, and demand whatsoever of him the said (assignor) therein or thereto: To hold, receive, and enjoy the said policy moneys and premises unto and by the said (assignee), his execu- tors, administrators, and assigns, henceforth absolutely as and for his and their own property ; subject, nevertheless, to the payment of the said annual premium and of all future premiums and sums whatsoever, to become payable upon or in respect of the said policy, and to the conditions, restrictions, and agreements in the said policy mentioned. And for the more effectually enabling the said (assignee), his executors, administrators, and assigns, to enforce payment ot, and receive the moneys and premises hereby assigned, he, the said (assignor), doth hereby irrevocably appoint the said (assignee), his executors, administrators, and assigns, his lawful attorney and attorneys, for him and in his name or otherwise, but for the sole benefit of the said (assignee), his executors, administrators, and assigns, to ask, demand and receive [from the said society, or other persons liable to pay] the moneys hereby assigned (_p) ; and, on non-payment thereof, to commence and prosecute all such remedies and proceedings for recovering the same as shall be deemed necessary, or as he or they shall be advised for the recovery thereof; and, on non-payment thereof respectively, to give proper releases and other discharges for the same ; and generally to do, or cause to be done, all such acts, deeds, matters and things whatsoever as he or they shall consider expedient [or be advised] for giving complete effect to the assignment hereby made ; and one or more attorney or attorneys under him or them, for the purposes aforesaid, to appoint and remove, as he or they shall think fit ; He, the said (assignor), hereby agreeing to ratify and con- firm whatsoever shall lawfully be done in or about the premises by virtue hereof: And the said (assignor) doth hereby for himself, his heirs, executors, and administrators, covenant with the said (assignee), his executors, administrators, and assigns, that the said policy is now in full force ; And that the said (assignor) hath full and sole power to assign the same and the moneys due and to become due thereon or in respect thereof as aforesaid ; And that free from all incumbrances whatsoever (q) ; And that (notwithstanding any act, deed, or default (o) Or, sum. ( /') Or, — the said sum of pounds so assured by the said policy [to the said (assignor)] as aforesaid, with all sums and sum of money from time to time to become due and payable by way of bonus or otherwise in respect thereof. (7) If there should be any charge upon the policy, here insert — except, &c. (stating it). PRACTICAL FORMS. 123 of the said (assignor),) the said policy and moneys thereby secured shall be received and enjoyed by the said (assignee), his executors, adminis- trators, and assigns, for his and their own sole and absolute use and benefit ; And that he, the said (assignor), has not done and will not do, or cause to be done, any act, matter or thing whatsoever whereby the said policy may be surrendered, assigned, charged, or avoided, or the moneys thereby secured, shall or may be or become irrecoverable ; And that he will not do any act whereby any additional premium upon the said policy may become charged or payable, without giving due notice thereof to the said (assignee), his executors, administrators, or assigns [in order that he or they may pay the same] : And that the said (assignor), his executors, or administrators, will at any time or times hereafter, at the cost of the person or persons requiring the same, do and execute all such other acts, deeds, and things as the said (assignee), his executors, administrators, or assigns, shall reasonably require for the better or more satisfactorily assigning and assuring the said policy to him or them, and for enabling him or them to recover and receive the said moneys hereby assigned. In witness whereof the said parties have hereto set their hands and seals the day and year first above written. (Signatures.) (L. S.) No. 2. A Shorter Form (r). This Indenture, made the day of , 19—, between (the vendor), of, &c, Grocer, of the one part, and (the purchaser), of, &c, Draper, of the other part: VVitnesseth that in consideration of £ now paid by the said (purchaser) to the said (vendor), the receipt whereof the said (vendor) hereby acknowledges, the said (vendor) as beneficial owner (s), hereby assigns unto the said (jnir- chaser) All that policy of assurance (t) effected in the name and on the life of the said (vendor) with the ■ Assurance Society, dated — , and numbered ■ whereby, under the annual premium of £ , the sum of £ is assured to be paid to the executors, administrators, or assigns of the said (vendor) (u) within three months after proof of his (v) death as therein mentioned, and all moneys and benefits to be received by virtue of the said policy, and the full (r) The stamp is ail valorem, on the purchase money. {s) These words raise the implied statutory covenants for title (Conveyancing and Law of Property Act, 1881, s. 7). (t) If there are several policies, say :— All those three, or, — as the case may be, —policies of assurance on the life of the said (vendor) mentioned in the schedule hereto and all moneys to become payable thereunder — and then in the schedule number them consecutively, and, as to each, give the date and number of policy, office in which effected, sum assured, and premium, so that should it be necessary to refer in the deed to any particular policy it can be done by simply mentioning the number of the policy as it stands in the schedule. (u) If the policy is on another life, say — to the said (vendor), his executors, administrators, or assigns. (v) In the case of another life, say — the death of (the insured). L24 PRACTICAL FORMS. benefit thereof with power to give good receipts for all such moneys (w) so assured or to become payable thereunder, To hold the same premises assigned unto the said (purchaser) absolutely; A\n the said (vendor) covenants with the said (purchaser) that the said policy is now valid and in force for the said sum of £ , and that all premiums thereon have been paid down to this date, and that he, the said (vendor), will not do or knowingly omit or suffer anything other than the omissions to pay the premiums which are to be paid by the said (purchaser), his executors, administrators, or assigns, whereby the said policy may be rendered void or voidable, or whereby the said (purchaser) his executors, administrators, or assigns, may be prevented from receiving the moneys thereby assured, or any bonus or addition thereto or any part thereof respectively, or whereby the premium may be increased, and will, if he shall do any such acts or thing, indemnify the said (purchaser), his executors, administrators, or assigns from the consequences thereof, and pay such increased or additional premium (x). In witness, &c. ( as in the preceding form). (Signatures.) (l. s.) No. 3. Of a Life Policy by a Separate Instrument, according to the Policies of Assurance Act, 1867 (30 # 31 Vict. c. 144) (y). I (the assured, or assignee), of, &c, Grocer, in consideration of £ (w) Written notice of the assignment should be given to the assurance company at their principal place of business and their acknowledgment obtained (30 & 31 Vict. c. 144, ss. 3, G), otherwise the assignee may be postponed or the money paid on death to the vendor's executors. If it is not intended to give any notice, a power of attorney (as in the last form) should be inserted, though where the policy is effected on the life of the original holder, this is of little practical value, even before the Policies of Assurance Act rendered it, in ordinary cases, unnecessary. (xj If a more stringent form be desired in respect of the due payment of any increased premium, then in lieu of the covenant from the words " or whereby " substitute— And that if the said {vendor) shall at any time do or knowingly omit or suffer anything whereby any additional premium or payment shall become payable in respect of the said policy, then he the said (vendor) will from time to time hereafter pay to the said (purchaser), his executors, administrators, or assigns, such sum or sums of money as shall become payable as an additional premium or payment for keeping the said policy on foot [one week] at least before the first day on which such additional premium or payment shall become payable to the assurance office in respect of such policy— and if it is desired to have notice of additional premium being about to be incurred or of change of abode or of death of vendor, add — And that he the said (vendor) -mil from time to time give to the said (purchaser), his executors, administrators, or assigns, at least days' notice in writing of his intention to do, omit, or suffer anything whereby such additional premium or payment as aforesaid will become payable, or to change his abode, and will forthwith, on being required so to do, give to him or them such information as to his abode or intended change of abode as may be required, and that the executors or administrators of the said (vendor) shall within days after his death send information thereof to the said (purchaser), his executors, administrators, or assigns, by letter sent through the post, addressed to him or them at his or their usual or last known place of abode in England. (y) This and the next form are only suited to the simplest cases of absolute PB ACTIO AL FORMS. 125 now paid by him to me, Do hereby assign unto (the assignee), of, &c, Draper, his executors, administrators, and assigns, The policy of assurance (z) granted by The - — Assurance Society, numbered , and bearing date the day of , one thousand nine hundred and ; whereby the said society assured the sum of pounds to be paid to the executors, administrators, or assigns, of the said (assured) within calendar months next after his decease, on payment of the annual premium or sum of pounds in the mean time : In witness whereof, I have hereunto set my hand and seal this day of , 19 — . (Signature.) (L. S.) No. 4. Of a Life Policy by Indorsement. (Under 30 & 31 Vict. c. 144.) I (the vendor), of, &c, Grocer, in consideration of pounds now paid by him to me, Do hereby assign unto (the purchaser), of, &c, Draper [his executors, administrators, and assigns], the within policy of assurance granted, &c. (a). In witness, &c. (as in the preceding form). PART X.— ATTACHMENT OF DEBT (b). No. 1. Affidavit in Siqyport of Garnishee Order for Attachment of Debt (c). 19- No. . In the High Court of Justice. King's Bench Division. Between Judgment creditor, and • Judgment debtor. I (the deponent), of, &c, Gentleman, solicitor for the above-named judgment creditor (d), make oath and say as follows : — assignments. By sec. 3 of the Act no assignment made after the passing of the Act is to confer on the assignee any right to sue for the policy moneys until a written notice of the date and purport of the assignment is given to the assurance company at their principal place of business. The date of the notice regulates priorities. (z) If the assignment be endorsed on the policy say — the within policy of assurance for the sum of pounds, and omit the words subsequent to the date of the policy. (a) Here describe the policy as in the last form. (b) See Annual Practice, 1905, vol. i. p. 632. (c) This form is given in Rules of Supreme Court, 1883, Appendix B, No. 25. (d) If the affidavit is made by the judgment creditor himself, or by him 126 m ACTIO AL FORMS. 1. By a judgment (e) of the court given in this action, and dated the day of- — , 19 — , it was adjudged (/) that the above- named judgment creditor should recover against the above-named judgment debtor the sum of £ , and costs to be taxed, and the said costs were, by a Master's certificate, dated the day of , 19 — , allowed at £ . 2. The said judgment (e) still remains unsatisfied to the extent of £ , and interest amounting to £ . .'). [Name, address, and, description of garnishee] is indebted to the judgment debtor (<)) in the sum of £ , or thereabouts (h). 4. The said (garnisitee) is within the jurisdiction of this Court. Sworn, &c. (as in Part II., No. 1). (Deponent.) This affidavit is filed on behalf of . PAET XL— ATTESTATIONS. No. 1. For Deeds. Signed, sealed, and delivered by the within-named A. B. (i), in the presence of (attesting witness), of (address and description). jointly with his solicitor, the form must be altered accordingly. Where the judgment creditor was a limited banking company, an affidavit by the assistant manager was allowed, 39 Sol. J. 154, 43!>. (c) Or, — an order, see Rules of Supreme Court, 1883, Ord. 45, r. 1. (./') Or, — ordered. g "/', — to the said . (h) Or, — upwards —and if the information is obtained from the judgment debtor, add — as I am informed and verily believe, see a form of affidavit in Richardson v. F.I in it , 2 C. P. D. 9. As to the alteration of the law of bankruptcy in respect of the effect of service of a garnishee order, see Bankruptcy Act, 1883, s. 45. (i) If by a person deaf and dumb, say — by the within — or,— above-named A. B.,\ who is deaf and dumb (the contents — or, purport— of the within-written deed — or,\ indenture — having been first read over by him, who seemed fully able to read and, by (' means of the usual signs perfectly to understand the same) in the presence of . J If by a blind person, say — by the within-named A. B., who is blind (the contents l of the within-written deed — or, indenture — having first been carefully read over by | me — o; . ; j n m y presence — to him, who seemed perfectly to understand the same) in [ the presence of . . . . . • • • ■ • • • . ; If by an illiterate person, say — sealed and delivered by the within-named A. B.,1 to whom the within-written deed — or, indenture — was first read over, and he made \ his mark thereto in the presence of, &e. J If by an attorney, say — by the within-named {principal), by A. B., his attorney) lawfully constituted [and thereto duly authorized], for, and in the name of the said> (principal) in the presence of ... ..... .j <>r, — by the within-named ( /irinri/iul), by C. D., as his attorney thereunto law-l fully authorized by virtue of the letter — or, power of attorney within recited — or, > hereunto annexed — bearing date, &c, in the presence of . . . . . j Or, — by the within-named (attorney) for, and in the respective names, and on) behalf, and as the several acts and deeds of the within-named (principals) thereunto) lawfully authorized, &c. {as above) ........ J PRACTICAL FORMS. 1 "- No. 2. For Wills (j). Signed and acknowledged by the above-named (testator) as and for his last will (/.•) [and testament j in the presence of us both present at the same time (I), who in his presence [and at his request] and in the presence of each other, have hereunto subscribed our names as witnesses, ( Two witnesses) (m). Or, — If the testator is blind or illiterate: — Signed by the said \ testator as his last will (the same having been first read over to , him in our presence), with his mark, in the presence of us, &c. J Or, — If another person (n) signs for the testator .-—Signed \ by , with the name of the said testator as his last will in his / presence, and by his direction, in the presence of us, &c. ; Or, — If there have been interlineations or alterations or erasures, \ 'which have not been initialled by the testator and the attesting i witnesses, add : — The interlineation between the and ', lines of the page, and the alterations in the line of I the page, and the erasure on the line of the page, j having been previously made. No. 3. For Attested copies (o). We have [carefully] examined and compared this and the If by a person executing for himself and others, say by (the attorney), on his) own behalf, and in the respective names and on behalf, and as the several acts and > deeds of the within-named (principals), as their attorney, by virtue, &c. (as above) . ) In case of alterations, say — by the within-named A. B., in the presence of tthCj name "William," and words — "sum of" "hundred pounds" — and " covenant I with" — in the tenth, twentieth, and thirtieth lines of the first (or other) skin — or, ( first (or other) side of this sheet of paper — having been first written on erasures J Or, — (the words — "free from all incumbrances," — in the second (or other) skin — ) or, second (or other) side of this sheet of paper, having been first obliterated) . . J Or, — the words — "George Joseph," between the tenth and eleventh lines, — "three") shillings and six pence" between the sixteenth and seventeenth lines of the first skin — or, side of this sheet of paper — and " fifty pounds " between the ninth and tenth i lines — and "his heirs and assigns" — between the twenty-first and twenty-second i lines of the second (or other) skin — or, second (or other) side of this sheet of paper — j having been first interlined ........... ) (j) No attestation clause is absolutely necessary, but unless grave reasons prevent it, it is well to follow the form established by use, so as to record the fact that the signature was made, or acknowledged, by the testator in the presence of the witnesses, both being present at the same time, and that they subscribed their names in his presence. (k) Or, — as a codicil to his last will. (1) Or, — in the joint presence of us who, &c. (m) The addresses and occupations (if any) of the witnesses should be added for the purpose of facilitating the proof of the will. (n) The amanuensis may be one of the attesting witnesses. (o) As to the seal of the central office of the High Court of Justice being 128 PRACTICAL FORMS. foregoing sheets with the original deed {p) and attest it to be a true copy thereof. Dated this day of , 19 — . (V tV f Clerks {address). Or, — This and the preceding sheets contain a true copy of the original deed (p), the same having been [carefully] examined and compared therewith, this day of , 19 — , by us. {Signatures as above). Or, — This and the preceding sheets having been this day [carefully] examined and compared with the original deed {p) by us, we hereby attest the same to be a true and correct copy thereof. , ' {Signatures as above.) PAET XII.— ATTORNMENTS (r). No. 1. To Mr. {the purchaser) (s). I {t), the undersigned (the tenant), of , Grocer, Do hereby {>() in pursuance of the authority and at the request (v) of Mr. {the landlord), my landlord (x), attorn and become tenant {y) to you, the above-named {purchaser) from this day {z), at the yearly rent (a) of pounds (b), of the dwelling-house, with the outbuildings, garden, land, and appurtenances which I (c) now [occupy and] rent sufficient authentication of all copies issued from that office, see Rules of Supreme Court, 1883, Ord. 61, r. 7. It is not usual but very proper that persons attesting the accuracy of copies of deeds or documents, should sign each sheet for the purpose of identity and of preventing substitution, instances of which have occurred, and which, without this precaution, can be easily effected by merely attaching the last sheet, con- taining the attestation, to a different copy. (p) Or, — will — or, probate — (or other document). (r) A mere memorandum of attornment not creating any new tenancy or fresh term, but simply substituting one landlord for another, does not require a stamp, ■cither as a lease or as an agreement : see Doe v. Linsey v. Edwards, 5 A. &E. 95, where the form of attornment is set out. For forms of attornment to a receiver or to sequestrators, see Daniell's Chancery Forms, 5th ed., Nos. 1723 and 1724. (s) Or, — mortgagee — or other party. (t) Or, if several tenants attorn — "We whose respective names are hereunder written. (u) If several tenants, add — severally and respectively. (v) Or, — with the privity and consent of (landlord) my landlord, testified by his signing his name in the margin thereof. And, then, in the margin the landlord will sign his name after words, such as "I consent to these attornments." (x) Or, if preferred, his addition can be inserted here, as — of, &c, — Draper. (y) Or, —tenants. (z) Or, — from the day of last — or, next. (a) Or, if several rents — at the aggregate rent — or, several rents of pounds and pounds. (b) If there be any deductions, here add — subject to deduction of the land-tax and landlord's property tax. (c) Or, if several — we respectively — or, of the premises in our respective occupations PRACTICAL FORMS. 129 of the said (landlord), situate at, &c, And I (d) have this day- paid you the sum of (e) [on account and] in part of the said rent (/) henceforth to become due for or in respect of the said premises (g) ; And I undertake to pay to the said (purchaser), or his authorized agent, the said rent half-yearly (It) as the same shall become due during my tenancy. Witness my hand (/) this day of , 19 — . Witness. (Signature.) No. 2. To Tenants to Attorn. To Mr. (the tenant). I, the undersigned (the landlord) (U), hereby authorize and request you (I), the above-named , forthwith to attorn and become tenant to (the purchaser) (m) of All that the dwelling-house, with the outbuildings, gardens, lands and appurtenances (n), which you rent of me (o), situate at, &c. : (p) And I further authorize and request you (/) to pay unto the said (purchaser) (m), his heirs, executors, administrators, or assigns, all such rent as now is and hereafter shall become due from you (q) for or in respect of the said mentioned in the schedule hereunto written, with the appurtenances as the same now are in our respective tenures or occupations, then add a schedule divided into separate parts for each separate tenancy, and shortly describe each tenancy, the rent payable, and description of the premises. (d) Or, — we severally. (c) Usually a nominal sum — a shilling or two. (/) Or) — our respective rents. {g) If retrospective or prospective, omit the word "henceforth," and here add — from the day of , last — or, next. (/<) Or, — quarterly — or, till such rent as is now due, and which shall henceforth become due from me — or, us respectively — so long as I — or, we respectively hold the said premises — when and as the same shall — respectively become due as aforesaid. (i) Or, — Dated, &c. (k) Or, — steward and agent for and on behalf of the (landlord) of, &c, Grocer. (I) Or, if more than one — you and each of you. (m) Or, — mortgagee — as a yearly tenant (see next note). (n) Or, — All that close — or, piece — of pasture land called " " situate, &c. — - or, All those — several closes of arable and pasture land situate, &c. (Here describe (In 1 property so that it might be clearly identified) which you rent of me — or, of the said (landlord) and now in your occupation— or, if several — respective occupations — or, if underlet — in the occupation of (the under-tenant) as a yearly tenant — or, if several tenants — as yearly tenants respectively — or, if held by a lease — under [or, by virtue of] an indenture of lease, bearing date, &c, and — if granted by a previous owner — made between, &c. (o) If the attornment be made to a mortgagee, here may be added — and now in mortgage to the said (mortgagee) — but this is not material. (p) If the situation be known by name, here add it, for the sake of identity, as — situate in the parish of D., and at a place there commonly called or known by the name of " ." (q) If it is to include past or current rent, omit the word "hereafter," and here add — from the day of last— or, next — if future rent. K 130 PRACTICAL FORMS. premises; and for so doing this shall be to you (7) a sufficient warrant and authority. Witness my hand (r) this day of , 19 — . Witness. (Sir/nature.) No. 3. A Concise Form (s). I (/), the undersigned (tenant), of , Grocer, the tenant in possession of All that dwelling-house, with the outbuilding, garden, and appurtenances thereto belonging; and also of all those several closes or parcels of land [called " ," and " " situate, &c., and mentioned in the above (u) written authority, Do hereby, by virtue of such authority, attorn and become tenant to Mr. (the new landlord) (x) of the said premises (y), from the date hereof (z), at the yearly rent of pounds, payable half-yearly : And I have now paid him , in part of such rent. Dated this day of 19 — . ( Witness. (Signature.) PAKT XIII.— AUTHORITIES. No. 1. To the Paymaster- General to Pay Dividends (a). To The Assistant Paymaster-General, Royal Courts of Justice, London. Be pleased to remit by post to me at the address given below, the Interest on pounds, per cent. Consolidated Bank Annuities (b), in the action, 19 — , No. , "A. v. B.," on the separate account of the Plaintiff", D. S., as the same from time to time accrues due. (Name and address of the principal.) (r) Or,— dated, &c. (s) If the attornment be made in ejectment against the former landlord, state the Court and title of the cause at the commencement (e.g. , 19 — No. . In the High Court of Justice, Queen's Bench Division. Between, &c), and instead of describing the property, say — the premises in respect of which this action has been brought, situate, &c. (as above). (t) Or,— we. (u) Or, if indorsed, — within written — or, if annexed, the annexed. (as) Or, if in a cause, — the plaintiff in this cause. (y) Or, — such parts of the said premises as are now in my occupation — or, if not a tenant say — in my possession. (2) Or, — from the day of , last — or, next. (a) Payment may be made by post of a principal sum not exceeding £1000 to any person having a banking account, and not exceeding £500 to any person not having a banking account and of the dividends on a sum in Court. Supreme Court of Judicature (Funds) Act, 1883, S.C. Funds Rules, 1894, r. 48. b) Or, whatever the name of the stock maybe, writing it out in words at length. PRACTICAL FORMS. 131 {Certificate of life of payee.) (e ) I, , of the Parish of K., in the County of B., do hereby certify, That the above-named (the principal) was living on the day of ■ (d), 19-. Of the Parish of , in the County of . No. 2. For making an Application for payment of Money out of the Chancery Pay Office. To Mk. (the solicitor), Solicitor, of, &c. I, the undersigned (the client), of, &c, Grocer, hereby authorize and request you to make (e), on my behalf, such application to the Chancery Division of the High Court of Justice as you may think proper or be advised for the payment out of Court, for my benefit (/), of the sum of pounds, part of a sum of pounds paid into Court by (the trustees) of, &c. (g), as trustees for me under a Deed of Trust (h) dated the day of , 19 — , and made between (the settlor) of the one part, and the said (trustees) of the other part. Witness. (The client's signature.) CD. Solicitor, of, &c. No. 3. To Sell Property (i). To Mr. (the auctioneer), of, &c, Auctioneer (h). I, the undersigned (owner), of, &c, Draper, hereby authorize and request you to sell absolutely, by public auction, or by private con- tract (I), either together or in lots, and with or without special con- ditions, as you may consider most advantageous or be advised, and (c) To be made by a justice of the peace, commissioner of oaths, clerk in holy- orders, or notary public. S.C. Funds Rules, 1894, r. 95. 07) That is after the 6th of January or 6th of July. (e) If on behalf of several persons, here say— on behalf of myself and {the oth r parties, naming them). (/) Oi; if several — for the benefit of them and myself — or, of us respectively. (g) Here insert the same names and descriptions as those in which the fund stands. (7i) Or, if a will — as executors of the will of (the testator), bearing date, &c. (i) No written authority is absolutely necessary to give an auctioneer the power to act within the scope of his agency, but it is advisable to instruct him in writing and in the case of a corporation being the principal the authority should be under seal. (k) Or,— Broker. (I) Or, if given to a Broker, instead of the last six words, substitute — publicly or privately. 132 PRACTICAL FORMS. for the best price or prices that can be obtained or you may consider reasonable (m), All that my Freehold Dwelling-house, with the Outbuildings, Garden, Paddock, and appurtenances thereto belong- ing, situate, &c, and now in the occupation of A. B. (n); And also all the Fixtures and Fittings therein and thereto. And I hereby undertake (o) not to repudiate or revoke this authority hereby given, or any sale or sales effected by you in pursuance thereof/ but to confirm the same respectively [in all respects (jj)j. And I also undertake that I and all other necessary parties shall concur in, and execute and confirm all such sales and contracts so to be made by you as aforesaid, and do all such other acts and things as may be requisite and proper (q) for performing and completing the same, and for effectually conveying (r) the said premises to the purchaser or respective purchasers thereof. And as to the moneys to arise from or by such sale or sales as aforesaid, I further authorize and request you, in the first place to- pay thereout all [losses, damages], costs, and expenses whatsoever of, and attending the execution of this authority, or in relation thereto, and also in perfecting the title to, and the conveyance of the said premises, if sold, or in relation thereto ; And, in the next place, to pay (s) all such sum or sums of money as shall then be justly due from me to you (i) ; And in the last place, to pay the residue, if any, of such moneys, unto me, my executors, administrators, or assigns. Dated this ■ day of , 19 — . Witness. (Signature.) (hi) If so intended, here add — but subject in all respects to my approval. (n) Or, if copyhold or leasehold, here add — and now held by me by virtue of a copy of Court Roll — or, if a lease — [dated, &c] during the lives of {naming them) — or, for the term of years now determinable with the lives of (naming them), now respec- tively aged [about] and years. All my live and dead farming stock, crops, and effects upon the farm — or, dairy— called the " Farm " — or, " dairy " — situate at, &c, and now in my own occupation — or, the occupation of C. D. Or, All my stock-in-trade, household furniture, goods, chattels, and effects, what- soever in my dwelling-house, outbuildings [workshops], and upon the premises now — ■ or, late — in my occupation, situate at, &c. (o) If the word "agree" be used here, the document must have a M. stamp as an agreement. In any case it is better to stamp it. The authority is some- times given by way of power of attorney, in which case it must be signed, sealed, &c, and stamped accordingly. (p) Q T} — all such other acts and things as you may legally do by virtue hereof. (q) Or, — legal and reasonable. (r) Or, — surrendering— or, assigning. (s) If the sale be for the benefit of creditors generally, here insert — the residue of such moneys unto and between all and every the creditors who, within one calendar month (or other period) next after the receipt thereof, will consent to accept the same rateably and proportionably according to the amount of their respective debts or claims and in full satisfaction thereof. (t) Or,— to Mr. A. B., of, &c, Draper. PRACTICAL FORMS. No. 4. A Short Form to Sell Goods (y). To Me. (the auctioneer). (Pla (Address.) (Dat^ Sie, I iieeeby authorize you to sell for me by auction th lots of my property specified in the annexed list (z), and to the price thereof (a). (Signature of principal.)* 7 No. 5. To Kill Hares (b). I (the proprietor), of, &c, Esquire [in pursuance of an Act of Parliament made and passed in the Eleventh and Twelfth years of the Keign of her present Majesty Queen Victoria, intituled "An Act to enable persons having a right to kill hares in England and Wales to do so themselves, or persons authorized by them, without being required to take out a game certificate (c). Do authorize (the (y) On sales of goods the auctioneer has generally in practice full authority, but on sales of estates the auctioneer's agency is frequently restricted so as to be conducted under the direction of a solicitor. (2) Add list of goods divided into lots, or as considered convenient. (a) Or, if a reserve price is intended — at prices not less than the prices respectively marked against them and to receive a deposit not exceeding per cent. on the price. (b) By the Hare Act (11 & 12 Vict. c. 29) any person in the actual occupation of any inclosed land, — or any owner thereof having the right of killing game thereon, — or any person directed or authorized by him, in writing, according to the above form prescribed by the Act, or to the like effect, may "take, kill, or destroy any hare then being in or upon any such inclosed lands, without payment of duty and without obtaining an annual game certificate " (now an excise licence to kill game). The word " then " seems to limit the authority to the hares existing on the lands at the time the authority is given, and not to future comers, but this must be an oversight. The authority is to be limited to one person "at one and the same time" in each parish ; and the original authority must be presented for registration to the clerk to the magistrates, acting for the petty-sessional division within which the lands are situate, who will then make a copy of it and return the original to the party entitled indorsed with a note of the registration. The authority then continues in force till after the first clay of February in the year following, unless previously revoked ; in which case notice of the revocation must be given to such clerk, and the register is to be evidence both of the appointment and revocation. The Ground Game Act, 1880 (43 & 44 Vict. c. 47), contains no repeal of the Hare Act, but s. 4 dispenses with the necessity for a game licence in the case of the occupier and the persons duly authorized by him, but this does not exempt any person from the provisions of the Gun Licence Act, 1870. The close days for killing hares (not rabbits) are Sunday and Christmas Day. There is no close season ; but there is a penalty for selling or exposing for sale any hare or leveret during March, April, May, June, or July. See Hares Preservation Act, 1892. (c) Stamp 10s. 134 PRACTICAL FORMS. deputy) of, &c, Gentleman, to kill Hares on my lands ((7) within the Parish (e) of W. in the County of S. (/). Dated this day of , 19 — . Witness. (Signature.) No. 6. To Pay Mortgage or Purchase Money to a Third Party () Or, — To Messrs. A. B. & Co. (as the case may be). (?) Or,— We. PRACTICAL FORMS. 135 receive it), of, &c, Gentleman (r), the purchase («) money expressed to be paid by yon to me by a Deed of Conveyance (*) of this date, and also all interest (tt) that may be payable to me thereon [or in respect thereof]. Dated this day of , 19-. ^ ,.) No. 8. To Pa?/ Insurance Money to a Mortgagee. We The Company, Limited, hereby consent to your autho- rizing The ■ Assurance Society to pay to {the Mortgagee), oi, eVc, Grocer, the sum of pounds, now payable by that fcociety, by reason of the death of A. B., whose life was assured for that sum by the said Society by a Policy No. ; together with all and every the sum or sums of money which may be payable, by way ot bonus, on or by virtue of such Policy. Dated this day of , 19—. A.B.,) C. D., V Directors. E. F.J No. 9. To Pag the Amount due on a Life Policy to a Purchaser. I \ B., of, &c, Grocer, the Administrator of the Estate and Effects of E. B., late of, &c, Widow (x), deceased [formerly E. h, spinster,! the person whose life was assured, by a Policy on her lite, for the sum of pounds, by The Life Assurance Society - Do hereby authorize [and request] you to pay to K. \V., ot, cvc ., Draper, as the purchaser (y) of the said Policy, the said sum (z) of - pounds, now payable by reason of the death ot the said E. B. (a), together with all and every the sum or sums of money which may be payable, by way of bonus or otherwise, upon or by virtue of the said policy ; And the receipt of the said R W. shall be your discharge for the same. Dated this day of , 19 — . (Signature.) ( r ) Or, — To Messrs. C. D. & Co., my solicitors. (s) Or,— mortgage (or other) moneys. (V) o,-,— mortgage— or, bill of sale (or other document). ( u \ Or,— if so — any other moneys (or specific sunt). (,r) Or, — spinster. (y) Or,— as mortgagee— or, assignee — or, trustee. q z ) Or,— the sum of pounds, part of the said sum. (a) Or, — of her death. 13G PRACTICAL FORMS. No. 10. To Bankers to Pay Dividends to an Agent. To The N. P. Banking Company, and to Mr. A. B., the Manager of their Branch Bank at ■ , in the County of . I, the undersigned (principal), of, &c., Grocer, the Owner, as Trustee for C. D., of, cyc., Draper, of the sum of pounds 2| per cent. Consols (b) [lately transferred into, and ] now standing in my name, as such Trustee, in the Books of the Governor and Company of the Bank of England, — hereby authorize and request you to pay the Dividends henceforth to become payable upon or in respect of such Stock unto E. F. (e), of, &c., Grocer, until you receive further directions from me respecting it ; And for so doing this shall be to you a sufficient authority ; And the receipts of the said E. F. (d) shall be effectual discharges for such Dividends. Dated this day , 19 — . Witness. (Signature.) No. 11. To a Trustee to Pay Part of Trust Moneys to the Reversioner. To Me. (the trustee), of, &c, Grocer (e). I, the undersigned (tenant for life), of, &c, Draper, hereby authorize and request you to pay to [my son] A. B., of, &c, Draper, the sum of ■ pounds, sterling, out of a sum of pounds [2| per cent. Consols] (/) which you hold under a certain Deed of Declaration (g) of the Trusts thereof dated the day of last, In trust for payment of< the interest thereof to me, during my life, and after my decease, the said principal sum of pounds (h) to him ; And [in consideration of your so doing] I hereby relinquish and forego all my right and interest in the said sum of ■ pounds during my life. And for so paying the same to the said A. B. this shall [so far as the same respects myself] be to you a sufficient warrant or authority. Dated this day of , 19 — . (Signature.) (b) This must, of course, be varied according to the nature of the stock or fund. (c) If to be paid to a married woman here insert — the wife of W. F. ('/) And here insert — notwithstanding her coverture. (e) If there be more than one trustee, here describe them separately as in the deed or will under which they act. (/) Here give an exact description of the stock or fund. ( ■ t r* /• i admitted. Post- 1, (") , ot , in the County ot , make oath age stamps j cannot be ac- and say : — a pted. {a) That I am in the employ of the under-mentioned note.— This creditor, and that I am duly authorized by to make beXfacedby the this affidavit, and that it is within my own knowledge creditor - that the debt hereinafter deponed to was incurred, and 2 oifnexfpage!" 1 (x) See No. 15 of Bankruptcy Forms, 1886. (y) Or, — In the County Court of holden at (z) See Bankruptcy Rules, 1883, No. 144. G/2/) ^ r i — creditor — or, solicitor — or, clerk, or, as the case may be, see Bankrupty Rules, 1883, No. 145. (zz) Stamp Is. This is the form required by No. 219 of the Bankruptcy Rules, 1880, see Form 72, and see Bankruptcy Act, 1883, the second schedule, rr. 1 to 21. An almost identical form is issued for use under the Companies (Winding- up) Acts, No. 66. 142 PRACTICAL FORMS. ui'.'rt the 6 f° r tne consideration stated, and that such debt, to the number of best of my knowledge and belief, still remains unpaid matter, and , . J n -, ° r thonameof and unsatisfied. given'on the (&) That I am duly authorized, under the seal of the JJJUjfe® ;// Company hereinafter named, to make the proof of debt (2) Fill in on its behalf. address and That the said w — at the date of the Receiving depoS" ° f Order, viz., the day - - 19—, and still - - justly niide P b° ' an ^ tru ty indebted to ( 3 ) in the sum of - - pounds, creditor strike out clauses i a and (b). If made by clerk of creditor strike out (6) I U^SE™ * use > nac ^ or received any manner of satisfaction or security company , ,"__ » strike out shillings and pence, for ( 4 ) as shown by the account endorsed hereon (or by the account hereto an- nexed marked with the letter " A,") or by the following account, viz. : for which sum or any part thereof I say that I have not, nor hath ( 5 ) or any person by ( G ) if by ckrk order, or to my knowledge or belief, for ( 6 ) use, had or received any manner of satisfaction whatsoever, save and except the following : ( 7 ) (a). (3) Insert • me," or, ' and to C. ]). and E. 1'., my co- partners in trade " (if any), or, if by clerk, in- sert name address and description of principal. (4) State con- sideration (as — Goods sold ami delivered by rue (and my said partner) to him (or tbem) at his (or their) re- quest, between the dates of, or monies advanced by me in respect of the under- mentioned Bill of Exchange, or as the case may be). (5) "My said partners, ur any of them, "or "the above-named creditor," as tlie case may be. (6) "My" or "our" or "their'' Acceptor. n of the debtor, where tlie Particulars are on a separate sheet oj paper the ofthe same* and same must be marked by the person before whom the Affidavit if any bills or fa sworn fhllS .'— other negotiable ' .... ...-. securities be heiu, In Bankruptcy — " This is the account marked with the uTscLVuie 1 . m letter ' A ' referred to in the annexed Proof of Debt made PRACTICAL FOP MS. 143 bv — 19—. m ro sworn before me this day of (Signed) Commissioner or Officer administering Oath. N.B.— Bills or other negotiable securities must be produced before the p ooi can be admitted. Date. Consideration. Amount. Remarks. * The Vouchers (if any) by which the Account can be substantiated should be set out here. £ S. d. * Signature of Deponent- Signature of Commissioner or Officer administering Oath. No. G. The Same by a Surety (f). In the, &c. (see preceding form). I (the surety), (g) of, &c, Baker, make oath and say as follows : — 1. That on or about the day of , last past, and before the filing of the petition herein against the above-named (debtor), I, as surety for him [the said (debtor),'] joined with him (1i) in a (/) joint and several promissory note (k) for the payment [of the sum] of - - pounds (/) to one (the payee) payable at months (m) after the date thereof. 2. That, on the day of , last past, and after the filing of the said petition, I paid unto the said (payee) the said sum of - pounds (n), in satisfaction and discharge of the said promissory note (o). 3. That for the said sum of pounds so paid as aforesaid, or any part thereof, I, as such surety as aforesaid, have not, nor hath any person by my order, or, to my knowledge and belief, for my use, received any security or satisfaction whatsoever, save and except the said promissory note (p). Swoen, &c. (as in Part II, No. 1). (The deponent.) (/) Stamp, Is. (g) Or, — clerk — or, agent to (the surety). (h) Or, — with one A. B. (according to the fact). (i) If more than one bill, here state the number, as — in two — three — (or more). (k) Or, — notes. (l) Or, — several sums of • pounds and • pounds, &c, if more than two. (m) Or, — one thereof being payable months, and the other months after the date — or, respective dates — thereof, (n) The sum sworn to as to the debt. (o) Or, — several promissory notes; and (if so) the interest due thereon. (/») Or, — several promissory notes. 144 PRACTICAL FORMS. No. 7. Proof of Debt of Workmen (y). Ee I> (r) (Title.) No. of 19—. -, of , the above-named debtor [or the foreman of the above-named debtor (or) on behalf of the workmen and others employed by the above-named debtor] make oath and say : 1. That I [or the said ] was at the date of the receiving order, viz. : the day of , 19 — , and still - —justly and truly indebted to the several persons whose names, addresses, and descrip- tions appear in the schedule indorsed hereon in the sums severally set against their names in the sixth column of such schedule for wages due to them respectively as workmen or others in my employ [or the employ of the above-mentioned debtor] in respect of services rendered by them respectively to me [or to the above-mentioned debtor] during such periods before the date of the receiving order as are set out against their respective names in the fifth column of such schedule, for which sums or any part thereof, I say that they have not nor hath any of them had or received any manner of satis- faction or security whatsoever. Sworn at , in the County of , this day of ■ , 19 — . (Deponent's signature). SCHEDUL1 3 REFERRED TO. 1. No. Full name of workman. 3. 4. Address. Description. 5. 6. Period over which Amount due . wages due. £ s. d. (Signature of deponent). (Signature of Commissioner or Officer administering the Oath.) In the No. 8. Statement of Affairs by Debtor Court of In Bankruptcy. Re No. of 19- N.B. — You are required to fill up carefully and accurately this sheet, and the several sheets A, B, C, D, E, F, 0, H, I, J, and K, showing the state of your affairs on the day on which the Receiving Order was made against you, viz. : the — day of — ,19—. Such sheets when filled up, will constitute your statement of affairs and must be verified by oath or declaration. ( CM o — 2 --' ■a ~ |S| & /. -3 M C — r - g « O £ 2. rt 3 fl o _co o s s a =s -i; 6 s, !5 o O © o P5 ^ /. -4-a O c3 ^ o - gq >> o 3 3 a d P 3 o g '3 y o 3 O a o a t? « M o o. o c C5 13 c s o O '•3 o 3 6 CQ PRACTICAL FORMS. 149 gs 'ss s Ph w fa w a ^ ■3 liiffpicncc ra for dividend carried in 1. -1 Amount recoverable by- distress. -8 « M c 3 g-3 B ~ "3 • =rt C .S.H§ ||| a o 3 o 03 P O o ■a 5 •v g '?, 150 PI! ACTIO AL FOLMs. co - r/} '■ n OJ -2 o O a> o P3 pj S H 03 ., Pm o jH O K O +3 P4 Oi c -> 1 en £S C ft c E- !>, 0) c ct (•/) _ CO — p , fH -+- V) 03 £ *» So £■ = = <».= ? U2 ^.j; en - rr oduj r-. Eh * — >— ' ~ w c -a «- "r « ■ PRACTICAL FORMS. L51 a C H H >> * — 1 OA«' o t .i — OS I—" ;- o d to P* o -s •T3 O "3 s "m '"' <** w * ~ 73 o I >" ■" s SO 3 ** . 49 Q •C 2 .. ?■ "3 ; 2. .si^ss 5? OS- -- [K o c ■3 •e gj pq =*} c c i , a> 1 ■B s S ~ - « 5 §^ a 5 o ",- s— o s OS ~ -^ a "g o £ STJ So 3 C =rl . ~ n "Z • c «c " o '~ <1 «♦-.. O O •« CS *£ -^ "^ <-t ■d » *H CD fl" o j3 o S *- o -J U 5.) In Bankruptcy. No. of 19 — . (See Bankruptcy Form No. 5G.) Ee i,i , /in (O Here insert LX parte (^ "the debtor "or I of being interested in this matter do "— a creditor" " b ill „ or " the official hereby make application to the court that the order ot receiver" or "the adindication against be annulled. /2\ (2) Here state V / grounds of DATED application. He No. 10. In the High, Court of Justice. {Application for Order of Discharge.') In Bankruptcy. No. of 19 — . (See Bankruptcy Form No. 58.) Ex parte ( x ) I - —of having been adjudged bankrupt on the trustee (1) Here insert •' the debtor" or *" a creditor " or "the official receiver," or "the 154 PRACTICAL FORMS. day of — , 19 — , and being desirous of obtaining my discharge, hereby apply to the court to fix a day for hearing my application. My public examination was concluded on the day of . Annexed hereto is the certificate of the official receiver certifying the number of my creditors. [Signed.) Dated this day of 19 — . To the Uegistrar of the Court. No. 11. In the High Court of Justice. (Affidavit by bankrupt, whonrtP ( l \ a) Here insert _L - ,jjv mated asseU { ) . (but not L-xcccil- npnrp ■ ingtbe gross VJlilJii.il . amount of the Before Mr. Registrar . unsecur-i iiabiii- & , , . ties), or "coin - Upon reading the above application, and hearing position.'' it is ordered that the application for the consideration by the court of the above-mentioned ( 2 ) shall be heard at on the day of , 19 — , at — - — o'clock in the noon. Dated this day of 19 — . By the court, Registrar. PART XVL— BILLS OF SALE. No. 1. Absolute (q). This indenture, made the day of , one thousand nine hundred and , Between (the vendor), of, &c, Grocer, of the one part, and (the purchaser), of, &c, Draper, of the other part. Whereas the said (vendor) has contracted (r) with the said (pur- chaser) for the absolute sale to him of the chattels, effects, and things specified in the schedule hereunder written, at the price or sum of pounds. Now this indenture witnessetii that, in consideration [of the said sum] of pounds, to the said (vendor) paid by the said (purchaser) upon the execution of these presents (the receipt ot which said sum he the said (vendor) hereby acknowledges), He, the said (vendor) [by these presents], Doth assign and transfer unto the said ('purchaser), his executors, administrators, and assigns, All and singular the said stock-in-trade, implements, utensils, effects, and things enumerated and described in the Schedule here- under written, and which shall be deemed to be wholly comprised in the word '-'chattels" herein employed; And all the right, title, interest, claim, or demand whatsoever of him, the said (vendor), in and to the said chattels ; of which the said (vendor) has this day put the said (purchaser) in the full [sole], and actual possession : To have and to hold, all and singular the said chattels [herein- (q) The stamp varies with the amount or value of the consideration ; see Stamp Act, 1891, tit., Conveyance on Sale. (r) Or, — now stands justly and truly indebted to the said (purchaser). But a bill of sale by a trader of all his stock-in-trade and effects, especially if given for a pre-exising debt, is an act of bankruptcy, and void against his creditors. So as to a part, unless made with the honest intention of enabling him to carry on his business. If the bill of sale, though absolute in form, is given to secure the payment of money, it will be void as infringing s. 9 of the Bills of Sale Amend- ment Act, 1882. 156 TBACT1GAL FOJIMS. before assigned] unto the said (purchaser), his executors, adminis- trators, and assigns, for his and their own absolute use and benefit. And the said (vendor) doth hereby, for himself, his heirs, executors, and administrators, covenant with the said (purchaser), his executors, administrators, and assigns, that he, the said (vendor), has full power and the sole and absolute right to sell and assign the said chattels in manner aforesaid; And that the said (pv/rchaser) shall hereafter peaceably hold, use, and enjoy the same as his own chattels and property without any hindrance, interruption, claim, or demand by or from him, the said (vendor), or any other person whomsoever; A Mt also that he, the said (vendor), his executors and adminis- trators, will do all such further acts and things as may be necessary and required for further assuring the title or the peaceable possession of the said chattels as aforesaid, unto and by the said (purchaser), his executors, administrators, and assigns; [and for indemnifying him and them against all losses, damages, expenses, claims, and liability whatsoever, if any, which he or they may pay, sustain, incur, or be put to by reason or in respect of the purchase thereof (s)]. In witness whereof the said parties have hereunto set their hands and seals this day and year first above written. (The vendor.) Signed, sealed, and delivered by the^ (l.s.) above, — or, before-named — (vendor) in my presence ; and I hereby declare that before such execution the nature and effect of the foregoing bill of sale — or, deed — was fully ex- / plained to him by me — or, in my presence — I (if so) as his solicitor . . . . ./ A. B., Solicitor, T., Kent. C. D., his Clerk (or other person, adding his residence and occupation). The Schedule alove referred to (t). Memorandum of Delivery (u). Be it remembered, that on the day and year first within- written, peaceable possession of all and singular the [stock, imple- ments], furniture, goods, chattels, and effects within mentioned to be sold and transferred to the within named (purchaser) [his executors, administrators, and assigns], was openly had and taken by him according to the form, effect, and true intent and meaning of the within-written indenture, in the presence of us. (Tivo tvitnesses.) (s) This is not a usual stipulation ; but inasmuch as the purchaser in these cases has not the means of being satisfied of the security of the title to the chattels as a purchaser of other property has, it is only reasonable that he should be indemnified against latent claims. (t) Here adding it, under this heading, tr, if annexed, say : The schedule re- ferred to in the hill of sale hereunto annexed. (Let it be firmly annexed, u i '1'" be indorsed or subjoined. PRACTICAL FORMS. 157 No. 2. By a Sheriff' (x). Kxow all Men by these presents, that I (the sheriff), Sheriff of the County of B., in consideration of the sum of pounds sterling to me now paid (y) by (the 'purchaser) of, &c, in the County of W., Grocer (the receipt whereof I hereby acknowledge), Do by these presents, and, as far as I can and lawfully may, but without any warranty of title, sell, assign, and deliver unto the said (pur- chaser), his executors, administrators, and assigns, — All and singular the [stock, crops,] goods, chattels, effects and things particularly enumerated and described in the Schedule here- under written (z), and which said [stock, crops,] goods, chattels and effects were lately seized and taken in execution by me as the pro- perty of (the debtor), of, &c, Maltster, by virtue of His Majesty's writ of fieri facias, issuing out of the King's Bench Division of His Majesty's High Court of Justice, returnable before the said Court, at the Royal Courts of Justice, immediately after the execution thereof, (or, as the case may he,) at the suit of (the plaintiff), for the sum of pounds [damages] and pounds for costs ; which said writ was indorsed to levy pounds besides, &c. (according to the in- dorsement :) To have, hold, receive, and enjoy [all and singular] the said [stock, crops,] goods, chattels, and effects unto and by the said (pur- chaser,) his executors, administrators, and assigns, to and for his and their own absolute use and benefit, and as and for his and their own proper [stock, crops,] goods, chattels, and effects. In witness whereof, I, the said sheriff, have hereunto set my hand and seal, the day of , one thousand nine hundred and . (The Sheriff's signature) (a). (x) Under s. 145 of the Bankruptcy Act, 1883, unless otherwise ordered, sales by a sheriff of the goods of a debtor under an execution, for a sum exceed- ing £20 (including expenses), must be by public auction and not by bill of sale or private contract, unless the Court otherwise orders on notice to other execution creditors, if any : Bankruptcy Act, 1890 s. 12. A private sale, made with the assent of the debtor, is valid against him and a subsecpuent execution creditor: Crawshaw v. Harrison, [1894] 1 Q. B. 79. (y) Or, — which has been paid to me. (z) As the sheriff's officer makes the inventory, it is often, in cases recpiiring despatch, and when it is lengthy, annexed; in which case, for the last two words, substitute — hereunto annexed. But, as the umler-sheriff prepares the deed, he, of course, adopts his own form. Sometimes they are very verbose. (a) This bill of sale must be stamped before being filed, but a receipt with an inventory attached given by a sheriff's officer for the price of goods sold under an execution, is not a bill of sale, and does not require registration, even though the purchaser from the sheriff allows the execution debtor to remain in the possession of the goods, see post, title Receipts. L58 PRACTICAL FORMS. Signed, sealed, and delivered by the (l. s.) above-named {sheriff) in my presence, and I hereby declare that before the execution \ of this Bill of Sale, the effect thereof/ was duly explained by me to the said (sheriff) (b). J (Solicitor) of , Solicitor of the Supreme Court. The Schedule above referred to. No. 3. Jhj way of Mortgage (c). (Statutory Form) (d). This indenture, made the day of , 19—, Between (the mortgagor) (e) of the one part, and (the mortgagee) (e) of the other part. Witnesseth that, in consideration of the sum of pounds now paid to [the said (/)] (mortgagor) by [the said (/)] {mortgagee), the receipt of which the said (mortgagor) hereby acknowledges [or what- ever else the consideration may be (g)], He the said (mortgagor) Doth hereby assign unto [the said] (mortgagee), his executors, adminis- trators, and assigns, All and singular the several chattels and things (k) q 1 . } — as a bill of sale may be executed by the under-sheriff or his deputy or person deputed by the sheriff sealing it : Cookson v. Fryer, 1 F. & F. 328, the attestation may run — Signed with the name of (the sheriff), sheriff of the county of , and sealed with his seal of office, and delivered as his act and deed by (the undt r-sheriff), under-sheriff of the said county, in my presence, the effect of this bill of sale having been duly explained to the said (under-sfu riff) before the execution thereof by me, &c. (c) Stamp ad valorem on principal sum secured : see Stamp Act, 1891, tit. Mortgage. . (d) By s. 9 of the Bills of Sale Amendment Act, 1882, it is enacted that— A bill of sale made or given by way of security for payment of money by the grantor thereof, shall be void, unless made in accordance with the form in the schedule annexed to the Act, but if no alterations are made which would run counter to any of its provisions, a substantial compliance with the statutory form will suffice, though it would not be safe to go beyond variations relating to— (1) the statement of the consideration, (2) the rate of interest, (3) the times of payment ; and additions as to, (4) the terms agreed upon for the maintenance or defeasance of the securitv : Melville v. Striiyjer, 12 Q. B. 1). 132, and see Reed B. S. 12th edit. 173-194. (e) All the words within brackets and in italics are here inserted as in the prescribed form, except where otherwise shown and those in parenthesis, which are substituted for the letters A. B., and C. D., used in that form. (f) These indicative words are omitted in this part of the form, although afterwards employed. Surely these important words, which occupy so small a place, are worth preserving. (a) This must he truly stated (s. 8 of Act of 1882), and must not be less than £30 (s. 12). Beed B. S. 12th edit. 142-150. PRACTICAL FORMS. 159 specifically described in the Schedule hereto annexed (Ji), by way of security for the payment of the sum of pounds, and interest thereon at the rate of [pounds] per cent, per annum [or whatever else may be the rate]. And the said (mortgagor) doth further agree and declare that he will duly pay to the said (mortgagee) the principal sum aforesaid, together with the interest then due, by equal payments of pounds on the day of [or whatever else may he the stipulated times or time of payment |. And the said {mortgagor) doth also agree with the said (mort- gagee) that he will [here insert terms as to insurance, payment of rent, or otherwise (i) ivliich the parties may agree to for the maintenance or defeasance of the security]. Provided always, that the chattels hereby assigned shall not be liable to seizure, or to be taken possession of by the said (mortgagee) for any cause other than those specified in section seven of " The Bills of Sale Act (1878) Amendment Act, 1882." (Jc) In witness, &c. (as in Form No. 1, p. 155). Signed and sealed by the said (mortgagor) in the presence of me, E. F. [add witness's, name, address, and description]. (Schedule.) (/() This seems to exclude the usual practice of inserting it directly at the foot of the deed. The safer course seems therefore to be, to insert it on a fly-sheet and treat it as an Exhibit. No after-acquired property can now be secured by these deeds (see s. 5 of the above Act) except as between grantor and grantee. (i) E.g., and the said (mortgagor) doth also agree with the said (mortgagee) that he will at all times during the continuance of this security insure and keep the said chattels and things insured against loss or damage by fire in the sum of £ , at the least, and produce to the said (mortgagee) on demand the policy of such insurance, and will forthwith after every payment of premium produce and deliver to the said ( mortgagee) the receipt for the same, and also will, during the continuance of this security, pay all rent, rates, and taxes to become due and payable in respect of the premises in which the said chattels and things or any of them now are, and produce to the said (mortgagee) on demand in writing the last receipt for such rent, rates, and taxes. (k) By this section — personal chattels assigned under a bill of sale shall not be liable to be seized or taken possession of by the mortgagee, except for the following causes — 1. Default in payment, or in the performance of any covenant or agreement contained in the bill of sale, and necessary for maintaining the security ; 2. Bankruptcy, — distress for rent, rates, or taxes ; 3. Fraudulent removal from the premises ; 4. Failing to produce, upon demand, in writing, by the mortgagee, the last receipt for rent, rates, and taxes ; 5. A levy against the "goods" (here substituted for "chattels") under any judgment at law. The statutory form has no power of sale, but involves an implied power. An express power may be inserted to cover the above specified cases, thus : And it is hereby agreed and declared that if default should be made in payment of the said sum of i! , or any part thereof, or the interest thereof on the said day of next (or, at the times hereinbefore provided for payment — or, as tin ease mag be) — or if any other default or event mentioned as a cause of seizure in s. 7 of the Bills of Sale Act (1878) Amendment Act, 1882, shall be made or happen, then, and in any such case, but not otherwise, it shall be lawful for the said (mortgagee) at any time there- after, by himself or his agents or servants, to enter into and upon the said messuage LGO PRACTICAL FORMS. No. 1. Affidavit on Registration of a Bill of Sale (I). 19— .No. -. In the 1 1 iucb Court of Justice, King's Bench Division. I (the deponent), of, &c. (m), Solicitor, make oath and say as follows : — 1. The papef-writing hereunto annexed and marked [with the letter | " A " is a true copy of a bill of sale, and of every schedule or inventory thereto annexed or therein referred to, and of every attesta- tion of the execution thereof, as made, given, and executed by (the grantor) ; '1. The said bill of sale was made and given by the said (grantor) on the day of , one thousand nine hundred and ; 3 I was present and saw the said (grantor) duly execute the said bill of sale on the said day of , one thousand nine hundred and ; 4. The SAID (grantor) resides at D. (n) in the said county of B., and is a (o). 5. The name " " subscribed to the said bill of sale, as that or dwelling-house, or other the dwelling-house or place in which the chattels and things hereby assigned shall happen to be, and seize and take possession of the said chattels and things, and also on or at any time after the expiration of five days from such seizure, to sell the said chattels and things, or any of them, either by public auction or private contract, with liberty to buy in at any sale by auction, or to rescind or vary any contract for sale, and to resell without being answerable for any loss or diminution in price, and with liberty also to give effectual receipts for the purchase money, and to do all other acts and things for completing any sale which the said (mortgagee) may think fit ; and it is hereby declared that the said (mortgagee) shall, with and out of the moneys to arise from any such sale as aforesaid, in the first place pay the expenses attending such sale or otherwise incurred in relation to this security, and in the next place pay the moneys which may be owing on this security, and shall pay the surplus (if any; to the said mortgagor), And, lastly, it is hereby declared that all powers and rights hereby conferred on the said {mortgagee) shall devolve on his executors, administrators, and assigns. In witness, &c. For a form of bill of sale held void as including a power to seize in events other than those mentioned in s. 7, see In re William*, Ex parte Pearce, 25 Ch. D. 656. (I) This form is given in the Appendix (B, No. 24), to the Rules of the Supreme Court, 1883, but it would appear to apply only to bills of sale under the Act of 1878, that is, to bills otherwise than to secure payment of money, as it is no longer necessary for a solicitor to be present to explain the contents of, and to attest the execution of the deed, this ceremony, required by s. 10 of the Bills of Sale Act, 1878, having been abolished by s. 10 of the Amendment Act of 1882 (45 & 46 Yict. c. 43), and, therefore, paragraphs (i and 7 in respect of Mils of sale under the Act of 1882 may be omitted, as any one or more credible witness or witnesses (not being a party or parties thereto) is, or are, sufficient. And see Reed B. S. 12th edit. 199-214. (to) If the deed be attested by a solicitor and his clerk or the clerk to the solicitor for the grantor, and the clerk makes the affidavit, he should be described here as — clerk to A. B., of the same place, solicitor. (n) State residence at time of swearing affidavit. (t>) Here insert the occupation of the grantor. PL ACTIO AL FORMS. 1G1 of the witness attesting the due execution thereof, is the proper handwriting of me, this deponent. 0. I am a solicitor (p) of the Supreme Court, and reside at D., aforesaid. 7. Before the execution of the said bill of sale by the said (grantor), I fully explained to him the nature and effect thereof (q). (Deponent's signature) (I). SWORN, &c. (as in Part II, No. 1). This affidavit is filed on behalf of . No. 5. Affidavit on Renewal of Registration of a Bill of Sale (r f I (the creditor), of, &c, Grocer, do swear that a bill of sale bearing date the day of , 19 — , and made between, &c. [liere state the names, residences, and occupations of the parties exactly as they appear in the original bill of sale], (s) and which said bill of sale (t) was registered on the day of , 19 — , is still a subsisting security. Sworn, &c. (as in Part II., No. 1). ( The deponent.) Filed on behalf of . No. G. Affidavit for verifying the Signature to a Consent for entering Satisfaction of a Bill of Sale (u). In the, &c. (as in Form No. 4). I (the deponent), of, &e., Draper, make oath and say as follows : — 1. The signature " " (v) set and subscribed to the paper- (p) Or, — a clerk to A. B., a solicitor of the Supreme Court. (y) Due attention and care — and that is not a little — should be given to the publication of the foregoing affidavit ; for, upon its sufficiency and accuracy, the safety of the deed itself depends. It must clearly show that the document tiled is a true copy. It must also show the residences and occupations of the grantor and deponent and the day on which it was signed, and that the deponent was personally present when it was signed. (c) See s. 11 and Schedule 'A of the Bills of Sale Act, 1878. (.s) Or, — and a copy of which said bill of sale — as the case may be. (t) If the description as so given is erroneous, then a description of the true residence, &c, should follow : Ex, parte Webster, In re Morris, 22 Ch. D. 136. (»■) The consent (post title " Consents ") must be annexed and exhibited. Upon filing these documents the Registrar may order satisfaction to be in- dorsed on the registered copy. If the grantee should refuse to sign this consent, he can be summoned before the Registrar of Bills of Sale at the Central Office, Royal Courts of Justice, who, on proof that the debt has been satisfied or discharged, may order satisfaction to be so indorsed. For the practice and the form of summons, see rules of Supreme Court, 1883, Ord. 01, rr. 26, 27, and Appendix K, No. 58. Annual Practice, 1905, 901. (i>) Here insert the name of the person entitled to the benefit of the bill of sale exactly as signed. M 162 PRACTICAL FOE MS. writing marked the - - day of " hereunto annexed, being the consent, dated 19 — , of the said , (x) to an order that a memorandum of satisfaction he written upon the registered copy of the bill of sale dated the day of , 19 — , and made between {grantor) of, &c., and {grantee) of, iV'C, is of the proper handwriting of the said — - (x), as I know from having seen him sign the said paper-writing [this day] (y). 2. The SAID — (x), who has signed the said annexed consent, is the same person as (x), in the said bill of sale mentioned. Sworn, &c. (as in Part II, No. 1). Piled on behalf of . No. 7. Bill of Sale (of a Ship or Share of a Ship) (z). Merchant Shipping Act, 1894, 1st Schedule, Part A, Form A. Official number. Name of ship. Number, date, and port of registry. No., date, and port of previous registry (if any). Whether British or foreign built. Whether a sailing or steam ship ; and if a steam ship, how propelled. Where built. When built. Name and address of builders. Number of decks Number of masts Rigged Stern Build Galleries Head Framework and description of vessel Number of bulkheads Number of water-ballast tanks, and their capacity in tons ... Length from fore part of stem, under the bow- sprit, to the nft side of the head of the stern- post Length at quarter of depth from top of weather deck at side amidships to bottom of keel Jlain breadth to outside of plank Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards Depth from top of deck at side amidships to bottom of keel Round of beam Length of engine-room (if any) Feet. Tenths. Particulars of Displacement. Total to quarter the depth from weather) deck at side amidships to bottom of keel) tons I ^ itto P er ' ncn immersion) | at same depth 5 (x) Person entitled. (y) Or, — on the day of last — or, instant. But this date is not essential. (z) See Abbott Shipping, 14th edit. 97-104, 1284. I'll ACTIO AL FOE MS. 1G3 Particulars of Engines (if any). No. of engines. Description. . Hosiers. Number Iron or ste« 1 ... Pressure when loaded Whether British or foreign made. When made. Engines. Boilers. Name and address of makers. Engines. Boilers. No. of and diameter of cylinders. Length No. HP LH P. Speed of ship. Particulars of Tonnage. Gross Tonnage. No. of tons. Deductions allowed. No. of tons. Under tonnage deck Closed-in spaces above the tonnage deck (if any) Space or spaces between deck Poop Forecastle Roundhouse Other closed-in spaces Spaces for machinery, light, and air (if any) On account of space required for propelling power... Oa account of spaces occupied by seamen or apprentices, and appropriated to their use, and certified under the regulations scheduled to this Act. '1 hese spaces are the following, viz. : — On account of space used exclusively for accommodation of master, for the work- ing of the helm, the capstau, and the anchor gear, or for keeping tue chait", signals, and other instruments of navi- gation, and boat-wain's stores, and for space occupied by donkev engine and boiler, and, in case of sailing ships, for space used for stowage of sails ... Cubic metres. Gross tonnage Deductions, as per coutra } Total deductions ... Registered tonnage [or we and -], in consideration of the sum of -, the receipt whereof is hereby paid to me [or us] by acknowledged, transfer shares in the ship above particularly described, and in her boats, guns, ammunition, small-arms, and appurtenances to the said ■ . Further I [or we] the said , for myself and my [or ourselves and our] heirs, covenant with, the said and his [her or their] assigns that I [or we] have power to transfer in manner aforesaid the premises hereinbefore expressed to be transferred, and that the same are free from incumbrances (a) [save as appears by the registry of the said ship]. In witness whereof ha hereunto subscribed name and affixed seal this day of 19 — . Executed by the above-named ) in the presence of J (o) If there be any subsisting mortgage or outstanding certificate of mortgage, add words in brackets. 1G4 PRACTICAL FORMS. PART XVII.— BONDS. No. 1. For Payment of Money and Interest (c). Know all men by those presents that I (J) (the obligor), of, &c, Grocer, am held and firmly bound unto (e) (the obligee), of, &c, Gentleman, in the sum of - — pounds sterling, to be paid to the said (obligee), or to his certain attorney, executors, administrators, or assigns (/) : for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators (g), and every of them, firmly by these presents. Sealed with my seal (/<). Dated this day of , 19 — . The condition of the above-written obligation is such, that if the above-bounden (obligor), (i) his heirs, executors, or administrators, [or any other person or persons duly authorized on his or their behalf], do and shall well and truly pay or cause to be paid unto the said (obligee) (k), his executors, administrators, or assigns (I), the full sum of pounds sterling [this day, lent, and advanced by the said (obligee) to the said (obligor) (m)~\ on the day of next (n) with the interest for the same, in the meantime after the (c) For stamp see Stamp Act, 1891, Sched. : Bond — Mortgage. (d) If given by two or more, for 1, substitute — We (the first obligee), of, &c, Grocer, and (the second obligee), of, &c., Draper, are jointly and severally held, &c. (as above). (e) If given to two or more — unto (first obligee), of, &c, Gentleman, and (second obligee), of, &c, Merchant. Or, if given to a company, say — To "The Company, limited," trading or carrying on business as (state the toisiness) at D., aforesaid. Or, if given to a person trading in the name of a company, say — A. B., trading or carrying on business at D., aforesaid, in the names- of— or, under the style or firm ■ — of "A. B. & Co.," in the sum, &c. (f) Or, to the said (obligees), or, to their certain attorneys — or, to the said company or their certain attorney, successors, or assigns. (g) Or, if given by several persons, say — we bind ourselves, and each of us by him- self for the whole [and every part thereof], our, and each of our heirs, &c. (as above). (h) If given by several — our respective seals. (i) Or, — (obligors), their or [any or either] of their heirs, &c. (as above). (k) Or, — (obligee* , their [or, some or one of their] executors, &c. (as above). (I) If it should be desirable, as is sometimes the case, to state the place, as well as the time of payment, here insert — at the residence for the time being of the said (obligor) — or (obligees) — (or, other place) in England. If the hour is to be stated, here add — between the hours of and of the clock in the morning — ■ or, between the hours of of the clock in the forenoon and of the clock in the afternoon. But it is not often desirable to fix the hours, for they may 1 »e forgotten, unless the time of payment should be short. (m) Or, — now justly due [and owing] from the said (obligor) to the said (obligee) [if so, — as his surety]. Or, if it be a bond for securing collaterally a sum secured by mortgage, say — being the sum secured by the indenture of mortgage hereinafter mentioned — or, referred to. (n) Or, — within months after demand. If to be made payable by instalments, say — The full sum of pounds sterling, with interest for the same after the rate of pounds per cent, per annum, in PRACTICAL FORMS. 105 ra te of pounds per centum per annum (o), without any deduction [or abatement] whatsoever (p). Then the above-written obligation shall be void and of no effect, or else shall remain in full force and virtue. (The obligor.) Signed, sealed, and delivered (q) (l. s.) In the presence of (One or more witnesses.) No. 2. That a Married Woman, being a Minor, shall execute and acknowledge a Conveyance on coming of Age (r). Know all men by these presents that I (the obligor), of, &c, Grocer, am held and firmly bound, &c. (as in the preceding form). Whereas A. B., late of, &c, Grocer, made and published his last will in writing, duly executed and attested, bearing date, &c, and thereby [gave and] devised, &c. (setting out the devise to G. B.). And whereas (s) the said testator died on the day of , 19_ 5 without having revoked or altered his said will, which has since been proved in the Principal (t) Registry of the Probate Division of the High Court of Justice. And whereas the said C. B. has intermarried with, and is now the manner following, namely, the sum of pounds, being one moiety (or other portion) thereof — or, together with one year's interest on the whole of the said principal sum of pounds, on the ■ day of now next ensuing ; and the sum of pounds, being the other moiety (or other portion) of the said principal sum, together with one year's interest on such last-mentioned moiety, on the day of now next ensuing. Or, the full sum of pounds (part of the said sum of pounds) on the day of next ; the further sum of pounds (other part thereof) on the day of next, and the further sum of pounds (the residue thereof) on the day of next, together with interest on the said several and respective sums after the rate of pounds per cent, per annum from the day of the date of the above-written obligation to the respective days of paying the same, without any deduction — or, abatement — whatsoever, then, &c. (as above). (o) Or, — for every one hundred pounds by the year. (p) If the bond is given to secure a mortgage debt, here add— according to the true intent and meaning of the proviso and covenant for payment thereof contained in a certain indenture of mortgage, bearing even date herewith — or, on the day of last— or, instant, — and made between the said (obligor) of the one part, and the said (obligee) of the other part — or, between, &c. (stating the names and addresses of the parties). (q) If there be more than one obligor, here insert the names of each, as :— by the within named A. B., C. D., and E. F., in the presence of, &c. (r) This may be readily turned into the form of an agreement, if preferred ; but, in that case, a clause assigning damages for a breach of it should be added he Author's Practical Forms of Agreements). (s) This recital is not material, and may therefore be omitted when brevity is desired ; but it is usually inserted to show the date of the testator's death, and where the will may be found. (t) Or, if so— in the District Registry of, &c, at D. 1G6 PRACTICAL Foil Ms. wife of, the said (obligor) ; but she has not yet attained the age of Iweiity-i me years. And WHEREAS the said (obligor), and C. his wife, have contracted with the said {obligee) for the absolute sale to him of the dwelling- house and premises so devised to her as aforesaid, free from all incumbrances, at the sum of pounds, and the same premises have, by indenture bearing even date with and executed immediately before these presents, been conveyed and assured unto and to the use of the said (oil /gee) accordingly. And WHEREAS upon the treaty for such sale it was mutually agreed between the said parties that the said (obligor) should execute 1 he same immediately, and that the said C, his wife, should execute the same, and do all such other acts as might be recpuisite for passing her estate, rig-lit, and interest in and to the said premises, unto the said (obligee), his heirs and assigns, within one week («) next after she should attain the age of twenty-one years, which will be on the day of next ; and, in order to secure the due performance thereof, it hath been proposed and agreed that the said (obligor) shall • nter into and execute the above- written obligation, with the con- dition hereunder written: — Now the condition of the above-written obligation is such, that if C, the wile of the above bounden (obligor), do and shall, at his costs and expense, — or, in the event of his death, at her own proper costs and expense, but in either case, at the request of the said (obligee), his heirs or assigns, within one week (u) next after she shall have attained the age of twenty-one years, or, if she shall then be under any legal disability, then, within one week next after the removal of such disability, attend at the office of W. A., the solicitor for the said (obligee), or of his partner or successor in street, at D. aforesaid (x), or at such other place to be then appointed by the said (obligee), and then and there sign, seal, and as her act and deed, in due form of law, deliver the said indenture, on the same being tendered to her for that purpose ; And also, if the said C. 13. do and shall, at the proper costs and charges of the said (obligor), or, if he be dead, at her own proper costs and charges, but, in either case, at the request of the said (obligee), his heirs or assigns, also attend before such perpetual commissioner (y) for taking the acknowledg- ments of married women, appointed under and by virtue of the Fines and Recoveries Act, 1833 (z), and at such time and place, or times and places, as the said (obligee), his heirs or assigns, shall for that purpose appoint, and then and there submit to be examined by such commissioner (y), apart from her said husband, and true and proper answers make to all necessary and proper questions, which shall be propounded and required of her by the said commissioner (y) ('") Or, — one calendar month (or other time). <>r, — at the dwelling-house — or, counting-house of tLe said (obligi > ). ). Know all men by these presents, That we (the administrator), of, &c, Draper, and (the sureties) (q) of, &c. (describing each of them) are jointly and severally bound unto the Eight Honourable Sir Gorell Barnes, Knight, the President of the Probate, Divorce, and Admiralty Division of the High Court of Justice, in the sum of pounds (;■) of good and lawful money of Great Britain, to be paid to the said Sir Gorell Barnes, or to the President of the said Division for the time being : For which payment well and truly to be made we bind ourselves, and each of us, for the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated this day of , in the year of our Lord one thou- sand nine hundred and . The condition of this obligation is such, that if the above-named (administrator), the lawful husband (s) of (the intestate) (t), late of, (o) If the agent is merely to superintend the accounts, omit this clause. (]> Where the estate is under £100, no stamp duty ; over £100, stamp duty 5s. This form is No. 10 of the District Probate forms for non-contentious business. (7) In ordinary cases two sureties are required, but only one if the property is bond fide under the value of £50. (r) This sum must be double the amount of the gross assets as shown in the affidavit for Inland Itevenue. (s) Or, — the lawful widow and relict. Or, — A. B., the sole executor of the will of C. D. [widow] deceased, whilst living, the relict of one of the executors and the universal legatee named in the last will and testament of W. D., late of, &c, Grocer, deceased, who died, &c. (as above). <>r, — the natural and lawful brother — or, brother by the half blood — and one of the next of kin of (the deceased). <>r, — the lawful nephew, and one of the persons entitled in distribution of the personal estate and effects of the said (deceased), late of, &c, who died, &c. (as above), and (if so) administrator with the will annexed of all and singular the personal estate and effects of the said deceased. (t) In the margin of these bonds a statement should, when the right is derived tlni nigh several representations, be made, namely — J. B, wife of C. B., of, &c, the surviving executor and universal legatee named in the said will, and J. P., the [sole] executor named in the said codicil, having renounced probate and execution of the said PRACTICAL FORMS. 171 &c, deceased, who died («) on the day of , 19 — , and the intended administrator of the Personal Estate of the said deceased do when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of all and singular the personal estate of the said deceased, which have or shall come to his hands, possession, or knowledge, or unto the hands or possession of any other person for him, and the same so made do exhibit, or cause to be exhibited, into the District Eegistry of the Probate Division of His Majesty's High Court of Justice at whenever required by law so to do, and the same personal estate and effects, and all other the personal estate and effects of the said deceased at the time of his death, which at any time after shall come into the hands or posses- sion of the said (administrator), or into the hands or possession of any other person or persons fur him, do well and truly administer according to law (that is to say), do pay the debts which he did owe at his decease. And further do make, or cause to be made, a just and true account of his said administration whenever required by law so to do, and all the rest and residue of the said personal estate and effects, do deliver and pay unto such person or persons as shall be entitled thereto, under an Act of Parliament intituled "An xVct for the better settling of Intestate Estates," and if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors, or other persons therein named, do exhibit the same into the said Court, making request to have it allowed and approved accordingly, if the said {administrator) being thereunto required, do render and deliver the Letters of Administra- tion (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of non-effect, or else to remain in full force and virtue. Signed, sealed, and delivered by ^ (Tlie administrator) (l.s,.) the within named A. P., C. D., and I (First surety) (l.s.) E. F., in the presence of J (Second surety) (l.s.) H. M. A clerk in the Principal Ilegistry of the Probate, Divorce, and Admiralty Division (Probate) (v). •will and codicil ; and the said deceased having died a bachelor without parent, brother, or sister. Or, — the above-named (administrator), the sole executor of A. B., deceased, was, whilst living, the natural and lawful father and next of kin of S. B., of, &c, Grocer, a bachelor. When the father dies after a son and leaves a will, state in the margin — The said A. B. survived the said deceased, but died without having taken upon himself letters of administration of his personal estate and effects. (u) If the time of death be unknown : see p. 'J, n. (m). {/•) Or, A commissioner, &c. : see No. 38 or 44 of the Principal Registry or District Registry Rules respectively for the regulations as to who may attest these bonds. 172 practical foums. No. 5. By Officer of Provident {or other similar) Society (w). Know all m en by these presents, That we, A. B., of , one of the officers of the Society, Limited, hereinafter referred to as the Society, having its registered office at , in the county of- — , and C. I)., of - - (as surety on behalf of the said A. B.), are jointly and severally held and firmly bound to the said Society in the sum of- , to be paid to the said Society, or their certain attorney, for which payment well and truly to be made, we jointly and severally bind ourselves, and each of us by himself, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the day of , in the year of our Lord . Whereas the above bounden A. B. has been duly appointed to the office of , of the Society, and he, together with the above bounden C. D., as his surety, have entered into the above- written bond, subject to the condition hereinafter contained : Now, therefore, the condition of the above-written bond is such, that if the said A. B. do render a just and true account of all moneys received and paid by him on account of the Society, at such times as the rules thereof appoint, and do pay over all moneys remaining in his hands, and assign and transfer or deliver all property (includ- ing books and papers) belonging to the Society (x) in his hands or custody, to such person or persons as the Society, or the committee thereof, appoint, according to the rules of the Society, together with the proper and legal receipts or vouchers for such payments, then the above-written bond shall be void, otherwise shall remain in full force. Sealed and delivered in the j>resence of (Two ivitnesses.) See Schedule III. of Industrial and Provident Societies Act, 1893, in which another form rather longer is also given. For similar bonds in the case of Friendly societies : see Schedule II. part iii. to Friendly Societies Act, 1896, 59 & 60 Vict. c. 25, and of Building societies, Form I. in Schedule to Building Si ".-ieties Act, 1874, 37 & 38 Vict. c. 42. No stamp re piired. (.«•) Or, and assign and transfer or deliver all securities and effects, books, papers, and property of or belonging to the said society. PRACTICAL FORMS. 173 PART XVIII.— CASES FOR THE OPINION OF COUNSEL (y). No. 1. Case. A. entered into the following contract with B. : — July 22, 19—. Mr. A. agrees to sell his property at R. comprising a family house cottages and acres of land, more or less, for the sum of pounds, to be paid at Michaelmas next, and the estate to be delivered to Mr. B. on the money being paid, he being the purchaser thereof. The conveyance and all law expenses to be paid by Mr. B. the purchaser. pounds received by Mr. A. this day as deposit. AVitness, A. AY. E. B. At the time of making this contract the vendor expressly stated to the purchaser that there was some dispute as to the title of part of the estate, and requested that it might be left out of the contract as he could not make the title good. The purchaser insisted upon its being inserted and said he would take the title as it was. The pur- chaser's solicitor, however, after the abstract was delivered, required the title to be made perfect in all respects, which the vendor refused to do. This dispute was kept up till 19 — , the vendor having in the (y) A case for the opinion of counsel should simply be a clear statement of the true facts and circumstances upon which the opinion is desired. These facts and circumstances should be fully set out, so far as material, and should neither be exaggerated nor glossed over. They should be stated in chrono- logical order. No hypothesis should be used, except to bridge over a chasm which might otherwise interrupt the connection of the subjects, in which case it should be introduced thus — it is believed so and so is the case, but there is no available evidence of it at present. Neither should any arguments be used. All counsel wants is the facts. He will form his own views and apply the law to them. Argument is, however, allowable when there are discrepancies in the statements of witnesses or conflicts in the analogous cases. But then it should be submitted somewhat after this manner — it is presumed that inasmuch as A. had better means, or greater opportunities of acquiring a knowledge of the circumstances than B., his evidence is more reliable than the latter— or, he would make the better witness — or, that which A. states cannot be true. So as to cases thus : it may be said that the case A. v. B. seems in point with the present case, but, it will be seen, it differs in this, &c. {stating it). So with regard to local customs. They might and ought to be explained, if uncommon, so that their local acceptation and operation may be properly understood. So any scientific term or matter should be explained with which it may be reason- ably supposed counsel will not be fully acquainted. The case too should show on whose behalf the opinion is desired ; for that is often material for counsel to know in order to appreciate the bearings of the case. So as to the points upon which the opinion is required. These should be stated separately, for it saves him the trouble of rambling over the whole statement without knowing upon what particular points he is to advise, and enables him at once to turn his attention to them and give direct and specific, and therefore more valuable, replies to each. Fur a variety of cases relating chiefly to real estate, with the opinions of eminent counsel annexed thereto, see " Cases and Opinions," 2 vols., Brook, London, 1791. 174 PRACTICAL FORMS. mean time completed the title to part. The title to the part in dispute, he completed as far as he could, and the purchaser sent the drafts of his conveyance, &c, for the vendor's perusal, and some of the engrossments for execution. The'purchaser now refuses to complete the purchase unless he is allowed interest on his purchase money, — pounds for dilapida- tions, and pounds for law expenses, making together - pounds; and he refuses to rescind the contract without receiving interest upon his purchase money and his law expenses amounting to the same sum. Your opinion is therefore desired on behalf of the vendor on the following points : — 1. Whether he is liable to pay interest upon the purchase money, whether it has been invested or not ? 2. Whether he is bound to allow the sum claimed for repairs, or whether he should repair the premises himself, and, if so, whether he must put them into tenantable or substantial repair? and — 3. Whether under the terms of the contract the purchaser is not bound to pay the costs he has driven the vendor to in com- pleting the title as well as his own ? No. 2. Case. W. C, by his will, bequeathed to his nephew J. C, a soldier in His Majesty's service, certain leasehold property to hold to him, his executors, administrators, and assigns, during all his, the testator's, term and interest therein. Testator died on the 16th August, 19—. Will proved of November following. J. 0. survived the testator, but died on his way home from India, leaving a will dated June, 19—, whereby he left M. A., the wife of D. F., his universal legatee. Administration with the will annexed (no executor being ap- pointed) was granted to Mrs. F. on the - - of December, 19—, who thereupon with her husband, claimed possession of the property in question. The widow and executrix of the first testator required payment of the legacy duty before she gave up the possession, but this being refused, and she much harassed, gave up possession without receiving it ; and she has since been compelled to pay the duty to the officers of Inland Kevenue. She is therefore now, with her husband, desirous of enforcing pay- ment of the duty. You will therefore be pleased to advise whether or not she can do so, and if so, in whose name the action should be brought. PRACTICAL FORMS. 175 Xo. 3. Case. Mr. L. M., by his will, dated the day of January, 19—, gave as follows : — I give and bequeath my lifehold property at Cowgrove, aforesaid (held by the life of my nephew, G. M.), and also the sum of £100 sterling unto the said G. M. absolutely, during all my estate and term therein, subject to the payment and performance of the rent and covenants in the lease, by which I hold the same, contained. ' This estate consists of a dwelling-house and building, in bad repair, and about or acres of land. The testator, who occupied his own estates, died on the day of last, leaving the lands tilled and cropped (with his others) in due course of agriculture. There is no specific bequest of his stock or crops in his will, nor are they specifically mentioned in the residuary clause under which they pass, with other personal estate, to his executor in trust for divers legatees. The testator's estate consisted of copyhold as well as freehold and lifehold property. Of this copyhold he died seised and in possession ; and his own being the last life by which it was held, it reverted to the lord of the manor, at his death, subject to the widowhood of his widow, who, by the custom of the manor, is indisputably entitled to the whole, and will shortly be admitted to it for her widowhood. The buildings upon this (copyhold) property, however, are also in want of considerable repair, and the lord has power by the custom to enforce them ; but there is no special power given by the will to the executrix to do them. These lands were likewise left by the testator at his death in tillage and cropped in due course of agriculture, but no mention is made of them or of the crops in the will. Your opinion is desired on behalf of the executors on the following points : — ■ 1. Whether Mr. G. M., the devisee, is entitled to the crops on the lifehold property devised to him, and if so, whether the executors are not entitled to be paid for the tillage and seed, and whether the executors are, or are not, bound to repair the buildings thereon ? 2. Whether the widow is entitled to the crops on the copyholds ; and if so, if the executors are entitled to be paid for the seed and tillage, or whether the crops belong exclusively to the executors as emblements. And whether the executors are, or are not, bound to repair the buildings on this property ? 17G PRACTICAL FORMS. No. 4. Case. Mb. A. B. will be pleased to peruse the accompanying abstract and conditions of sale and advise on behalf of the intended but unwilling purchaser whether or not the title is such as he can be compelled to accept. The most important question seems to be whether the land (16a. 3r. Op.) passed under the word "Tenements" in the sense in which it appears to have been used in the lease in connection with the word " messuages." It is contended that it being used with the latter word, thus, " messuages or tenements," it refers to the build- ings, or at most to the homestead, and not to the land which forms no part of the homestead. To obviate this the stewards of the lessor say that the description is the same as in the old lease, and offer to endorse on the licence to assign what lands they suppose the word " tenements " to comprise, but it is submitted this will not be suffi- cient to answer the purpose of an express grant. The next important question is with respect to the surrender of the old lease. It appears that the new lease was granted in con- sideration of the surrender of a former lease, which had not expired, but was depending upon one of the lives ; but it does not appear, nor has it been explained, whether or not that lease was surrendered by deed, though it is submitted it must be, under the Real Property Act, 1845, so as to give due effect to the new one. The solicitor for the vendor refuses to recognize the note appended by the auctioneer to the contract at the time of signing it with respect to giving possession, as he says the auctioneer had no autho- rity to make it, although he does not dispute his agency in effecting the sale and signing the contract. It is presumed, however, that the addendum is sufficient to vary the terms of the conditions so as to give the purchaser the right to possession at the periods therein stated. No. 5. Case. On the of , 19 — , A. B. [late of, &c], Yeoman, made [and published] his last Will, in writing, a copy whereof is left here- with, and died on the day of following [which was before the Wills Act, 1837, came into operation]. The testator had three children — a son, named John, who died a bachelor in his lifetime, namely, on the day of , 19 — ; a daughter, now the wife of W. W., named Sarah, who is a devisee and legatee under the will; and another daughter, named Jane, who married J. D., and also died in the testator's lifetime, namely, in the year 19 — , leaving only one child, Mr. H. D., who in the will is called the testator's " grandson," and whose father likewise died before the VR ACTIO AL FORMS. 177 testator. Shortly after his mother's death Mr. H. D. was taken by and resided with his uncle and aunt, W. D. and A. D., both of whom lived together, and are mentioned in the will, and they maintained and brought him up entirely at their own expense. Sarah W., the testator's daughter, who is still living, was not born in wedlock, and therefore H. D. is the testator's heir-at-law. Neither Mr. W. 13. nor Mr. W. W. lias acted under the trust or directions of the will ; nor was the former, till recently, aware of its contents. The " Freehold Estate, situate at H ," mentioned in the will, consists of a small farm, which, ever since the death of the testator, has been enjoyed by his widow, who is still living ; but Mr. H. D., having now attained the age of twenty-one years, it has been given up to him. It is not known whether the testator's brother, W. H., is now living or not ; nor can the information respecting him be readily obtained, as he went abroad some years ago, and it is not known to what place he went. The probability, however, is that he is dead, as he has not been heard of for the last years, and he was years old when he left England. Nor is anything known of his son, J. W. H., as he likewise went out to seek his father in the year 19—, and has not been heard of since. No title deeds relating to the " Freehold Estate at H " within the last years' date can be found, but it is strongly suspected that the testator or his predecessor, many years ago, mortgaged a part of the estate ; for there is a person, a stranger to the family, who claims some adjoining property, evidently once a part of this, and who holds and claims it in such a way as (with his apparent indifference) leads to the conclusion that he is not the true owner in fee or, indeed, any other claimant than a mortgagee or representa- tive of a mortgagee, especially as he will not state (and perhaps he is not bound to state) how he really does claim it. You will, however, be pleased to carefully peruse the will, and advise Mr. H. D. on the following points, citing cases bearing on them : — 1. Whether the testator's widow, A. H., takes any, and if any, what interest in either of the estates mentioned in the will by virtue of the words, " My wife, A. H., to contain the whole during her life," or is entitled to the profits thereof, or to dower, or to the annuity of £ , and whether she takes any and what estate by implication in the living called "Cliffs"? 2. What estate does Mr. H. D. take under the will in the freehold estate at H. ? 3. Whether, if you should be of opinion that the widow does not take an estate for life by implication or of dower in " Cliffs," it has descended to Mr. H. D. as heir-at-law ? 4. Whether Sarah W. takes any other than a life estate in the premises called " Jones's," and the piece of land adjoining ? N 178 PRACTICAL FORMS. 5. Whether, upon the death of her mother, she will take any and what estate? And, if only a life estate, to whom will the property belong after her death ? 6. Whether any estate passed to W. H. and J. W. 11 , his son, or to W. D. and W. \Y., and whether any trust devolved on the latter, for the performance of which they are responsible? PAET XIX.— CERTIFICATES. No. 1. By a Notary that a Power of Attorney teas executed in his presence (j). To all to WHOM these presents shall come : [Greeting.] resni of oaths in the High Court of Justice in England, Do hereby certify that I was present on the day of - - instant, and did see {the constituent), the person named in the power of attorney (6) hereto annexed, duly sign, seal, and in due form of law deliver (c), the said power of attorney; And that the name " " (d) set and sub- scribed thereto, is of the proper handwriting of the said (constituent) ; and that the names " " and "- " (d) set and subscribed thereto as the persons attesting the due execution thereof, are of the respective proper handwriting of the said and (witnesses), both of whom reside at B. aforesaid. In testimony hereof, I have hereunto subscribed my name and affixed my seal of office this day of , 19 — . No. 2. Of Incorporation of Building Society (e). The Registrar of Building Societies in England (/) hereby certi- fies that the Building Society, established at ■ , in the (2) Stamp Is. For another form, see post, under tit. "Powers of Attorney." (11) Or, — town and county — or, town and borough. (b) Or, — other instrument. (c) Or, — seal and execute. ( — the vendor's solicitor. The auctioneer is the proper party to re- ceive it. (g) Or, — the subjoined agreement. ih Or, — on his lot. (i) Or, — at the office of the said [in Street] at W. in the county of H. (A:) r > — tne purchaser of such lot. (r) If so — of each lot. (.s) Or, — the timber, timber-like trees, pollards, saplings, and other trees. Or, — the coppices, plantations, and underwood — Or, — the growing crops, manure, and acts of husbandry — Or, — customary tenant's fixtures — Or, — ornamental statues, fountains, iron fencing, aviaries, conservatories, and pleasure houses. Or, -all timber, timber-like trees, pollards, saplings, and every tree, except fir, poplar, sycamore, apple-trees, down to the value of Is. per stick, inclusive, growing upon the said premises — or, upon lot ■ , or, upon the respective lots, except lots and , to which this stipulation is not to relate — ■ Or, — all the coppice, underwood, and plantations — Or, — the growing crops (if any), hay and straw, dung, compost, artificial manures, and articles, acts of husbandry, upon the property in hand, usually taken, according to the custom of the country — or, under "The Agricultural Holdings Act," 1883'' -by incoming and outgoing tenants — Or, all customary tenant's fixtures in the dwelling-houses and on the land. (0 If so — on his lot. (n) Or, if so, — at the price to be then named by the auctioneer. (./•) If the words relative to the expense of the valuation be not inserted at the commencement of this condition, the following should be added here — And the expense of such valuation shall in all things be borne and paid by the vendor and purchaser in equal moities (or as the case may be). (y) special conditions of sale require to be carefully drawn, as a vendor who puts in such conditions is bound to make them explicit, and if he desires to provide for the acceptance of a defective title, the conditions should disclose the nature of the defect provided against, as he cannot protect himself by a condition which might operate as a trap to catch an unwary purchaser. On the other hand, whilst properly protecting his own interests, the vendor will PRACTICAL FORMS. 183 Deliver]) of Abstract. — 6. The vendor shall, at his own expense, within • days after the sale, deliver to the purchaser or his solicitor (z), an abstract of the title to the property and deduce a be careful that the conditions of sale are not so framed as unduly to alarm a purchaser, and (subject to s. 35 of the Conveyancing and Law of Property Act, 1881) depreciatory conditions, calculated to damp a sale, used by persons in a fiduciary position may involve the vendors in personal liability towards those beneficially entitled, and lead to an objection to the title. See Dart, V. & P. 6th ed. 197-199 ; 7th ed. SPECIAL conditions RELATING TO 1. The commencement af Title (a\ The title to lot shall commence with the will of W. A., Esq., bearing date the day of 19 — ; and the purchaser shall not require any other title or infor- mation relative thereto than a plain copy of such will, and a declaration of the lot having been in the possession of the said W. A. for years prior to his death. The purchaser of lot shall accept, and be satisfied with such title thereto as the vendor has, and such as will be set forth in the abstract ; and the vendor shall not be required or bound to give any further evidence, information, or explanation respecting it. As lot was formerly the estate of A. B., Esq., whose title is generally known, and was by him conveyed to C. D., in 19 — , the vendor shall not be required to deduce any earlier title than the conveyance to the said C. D. The title to lot shall commence with the will of J. W. [or, with the conveyance to J. W., the vendor's father— dated the day of , 19—], and no earlier title to the lot shall be required. It being notorious that lots and have been in the possession of T. W. [and his ancestors] for upwards of years the vendor shall not be required to furnish any evidence [or information] in support of the seisin of T. W., his late father, deceased [or his ancestors], in such lots, or that they were included or passed in the general devise of — or, reference to — these estates in his will. The title to lots and shall commence as follows, namely, — as to premises called " Jones's " purchased of A. B. in the year 19 — , and now forming part of lot , with an indenture — or, will — dated, &c. | as above) ; and to lot , with a conveyance, dated, &c, from S. S. and others to T. T., in reversion of certain copyhold grants, dated, &c, by which the property — or, "lot" — was held of 0. S., lord of the manor of R., for the life of S. T., since deceased; and the vendor shall not be called upon to prove the death of the said s. T. — or, the title of the said S. S. and others ; nor shall any objection be taken by reason of the vendor not having the conveyance to, &c. The title shall commence, as to lot ■ , with a conveyance by a mortgagee to the vendor ; and the purchaser shall accept the title conferred by such conveyance, dated, &c. ; as to Nos. • and , forming part of lot , with the will of A. B., dated, &c, which, with a declaration of possession thereof for years prior to his death, which happened on the day of , 19 — , shall be received as evidence of the seisin in fee of the said A. B. ; and as to lot ■ , part of which (No. ) is in the parish of B., and the other part thereof I No. ) is in the parish of C, — with indentures, dated, &c, and, having been always held by the said C. C. as part of his estate at C, it shall be deemed to have passed by the description contained in the deed of appointment under which the estate was vested in him, although the latter parish be not specifically men- tioned therein, or the estate — or, lands — might be in another county, and no objection shall be made with reference thereto. The instruments under which the premises — or, lots and , are held, being (2) Or, — to the purchaser of each lot — or, to the purchaser of each lot whose pur- chase money shall amount to pounds — or, to the purchaser of lots and who shall, within — — - days from the day of sale, require it, and undertake to pay the expense — not exceeding, in each case, pounds of preparing an abstract, &c. (lace), a of the custody or registry thereof, or to show that the said J. W. had other lands in the said parish. Whereas the title to lot ■ is derived from the award under G. Inclosure Act, which hears date the day of , 19— the purchaser shall not require any other evidence of the title to such lot than a solemn declaration by the vendor, that he and his ancestors have had peaceable possession thereof for years and up- wards ; Nor shall it be an objection to the title that no award had been executed under the said Act [there being a clause in the Act authorizing a sale of the allotment before the execution of the award]. Where any lot or lots, or portion of any lot or lots, shall consist of an allotment or allotments set out under an Inclosure Act or Acts, and awarded to J. W., deceased, the purchaser of such lot or lots shall not require the production of any such acts, or of the award or awards made in pursuance thereof ; nor shall the vendor be required to give any evidence— or. information whatever to show the particular property of the said J. W. in respect of which such allotment, or respective allotments, were set out and awarded, or that he had lands in the said parish. 4. Exchanges (g). 10a. Or. 14p., part of lot , was received in exchange for other lands by Mr. G. R., under the powers of the Inclosure Acts, passed in 19— ; and the purchaser shall not require any title, evidence or explanation relative thereto, or to the property given in exchange prior to the deed of exchange — or, the award of the Commissioners dated the day of , 19 — , although earlier reference might be made thereto in the abstract. Lot was, under the power of the L. Inclosure Act, received by J. K., Esq., deceased, in exchange for other lands, and was purchased of him by the vendor, and the purchaser shall not require any other title than the conveyance thereof, dated the and days of , 19 — . 5. Title Deeds. The vendor shall not be obliged to produce any deeds or documents not in his custody or control. The title deeds and documents — or, a part of the title deeds and documents — relating to tbe property—';/', to lot having been destroyed by fire — or, stolen — or, lost— or, mislaid — the purchaser shall not require secondary or other evidence of their contents, except the contents of the conveyance to the vendor (or, as the case may be), but (in ease of 7 oss) in the event of such deeds and documents, or any or either of them! being discovered, they shall belong, and be delivered to the purchaser ■ — or, to the purchaser of the lot to which they relate. If any of the title deeds or documents relating to the property — or, to either lot— shall relate also to other property [of equal or greater value] they shall be retained by the vendor till the whole of the property reserved by them shall have been sold and conveyed, and shall then be delivered to the purchaser — or, purchaser of the largest lot — (to be determined by the amount of the purchase money) on his delivering, if required, to the purchaser — or, respective purchasers — attested copies thereof, duly stamped, and entering into the usual covenant to produce the originals ; such covenant to be prepared at his own — or, the purchaser's — expense, and to become void if the vendor shall afterwards sell any — or, the remaining — portion of the property — or, lot or lots — retained by him, and shall deliver the same deeds, writings, and documents to the purchaser of such remaining property — or, lot or lots — and procure such pur- chaser to enter into the same or the like covenants with the purchaser — [or, respective (c) Or, — within miles from the said purchaser's residence. (/) Or, — the purchaser of each lot. (a) See Dart, Y. & P. (ith ed. 32«J-327 ; 7th ed. 323. 186 PI! A C TIC A L FOJIMS. statement in writing of fill such (if any) objections to, or requisitions as shall be raised on the title deduced and not precluded by those conditions, and in default thereof every such objection and requisition purchasers] at the present sale — or, shall then deliver such title deeds, writings, and documents to the purchaser — or, respective purchasers at this pi-esent sale — on his — or, their respectively — entering into the same or similar covenants with the pur- chaser— -nr. respective purchasers — of such remaining lot or lots. Or, a better form (under the Conveyancing Act, L881), where documents are intended to be retained by the vendor as "beneficial owm r, would be — The vendor is to retain all documents relating to any property not comprised in this sale, and to give, at the cost of any purchaser requiring it, a statutory acknowledgment of the rights of the purchaser to the production of documents so retained, and to delivery of copies thereof, and also a statutory undertaking for safe custody thereof — or, if the docu- ments are intended to be retained bythe vendor as mortgagee ortrustee, the form, after the words ). The vendor, being only a mortgagee — or, trustee for sale — or, trustee of a bank- rupt's estate — shall not be required by the purchaser— or, the purchaser of any lot — to enter into any other than a covenant that he has done no act to incumber, and, where necessary, to produce title deeds. As the equitable interest in the property— or, lot — is vested in the vendors under a conveyance, dated, &c, upon trust for sale, they will not enter into any other covenant than that they have done no act to incumber. As the vendor holds the property — or, lot — under a mortgage, upon which no interest has been paid for upwards of years, the purchaser shall be satisfied with a statutory declaration to that effect, and with such title as the vendor can give, and such title deeds and documents as are in his possession. IT). Fishi'i-;/, Knsi mints, ., dated, &c. | ; and all objections to, and requisitions od the title not sent or delivered, in writing, to ^lr. A. B., the vendor's solicitor [at his office at G-.], within days after the delivery thereof, shall l>e deemed waived; and the pur- chaser [of each lot] shall afterwards be absolutely precluded from raising any objections to, or disputing the title and from requiring any information relative thereto; but if any such objection or requisition be sent or delivered within that time, which the vendor shall be unable or unwilling to answer or remove (p), ho shall, in either such case, be at full liberty to vacate the contract on return- ing the deposit money only. Costs of Conveyance.— 5. The purchaser [of each lot J shall pay the costs of preparing and perfecting the necessary purchase deeds and other assurances of the property [or, of his lot], and all steward's and other fees (if any) relating thereto ; and also the expense of, and attending the obtaining, producing, and furnishing every description of deeds, documents, and evidence not in the vendor's possession, and of all information whatsoever required by him, whether for evidencing the title or otherwise (q). Completion of Purchase.— 6. The residue of the purchase money [for each lot] shall be paid and the purchase completed on or before the ■ day of next, at the office of the said A. B. at G. afore- said, and the vendor will, on these conditions being performed, duly convey (r) and assure the property [or, each lot] to the purchaser ; but such conveyances (s) and assurances shall be prepared and perfected at his own expense ; and the drafts thereof shall be sent to the vendor's solicitor days, and the ingrossment clear days previously thereto. Compensation for Errors. — 7. No error- or misdescription shall annul the sale, but a compensation shall be made within days after the delivery to the vendor in writing of the particulars of the claim thereto ; such compensation to be ascertained by reference in the usual manner (t). Default by Purchaser : forfeiture of Deposit.— -8. If the purchaser [of either lot] shall fail to complete his purchase («) according to these conditions, his deposit shall be absolutely forfeited to the vendor; who shall be at full liberty to re- sell the property [or, such (p) Here add any other condition upon which the sale is to depend, as in the case of leaseholds— or, if a licence to alienate \pr, assign] the property [pr t either lot] to the purchaser cannot be obtained. (q) Here add any exception, as — except deed of settlement, dated, &c, and Til 3, d.0 &C (/•) If the property be copyhold, instead of the word "convey," substitute the word "surrender" — or, if leasehold, "assign." (V) If copyhold, say — surrender — or, if leaseliold — assignment. _ (m Or, — according to the condition. If the fixtures or timber be taken at a valuation, here add the clause applicable to a valuation ; see Form No. 1,. supra, condition 0. («) Or, — to comply with these conditions. PRACTICAL FORMS. 193 lot] at sucli time or times and in such manner as he shall think fit without first giving notice or tendering any conveyance to such defaulter ; and without prejudice to his (the vendor's) other rights under these conditions ; and any deficiency, loss, damage, or ex- penses whatsoever arising from, or occasioned by such re-sale, and incident thereto, shall be borne and paid by such defaulting pur- chaser as liquidated and settled damages ; but any increase in price shall belong to the vendor. Form of Agreement. — I (the purchaser), of, &c, Grocer, hereby acknowledge that I have this day, at the before-mentioned auction, purchased the property [or lot — or lots] described in the annexed handbill, subject to the foregoing conditions, at the sum of pounds ; and I have paid to the the sum of pounds as a deposit on, and in part of such purchase money; And I hereby agree to pay the residue of the said purchase money according to the sixth foregoing condition, and in all other respects to fulfil such conditions of sale. And I (the auctioneer), as the agent for Mr. , the vendor, hereby confirm the said contract, in all respects, [on his behalf]. Witness our hands, this day of , 19—. £ s. d. Purchase money (Signatures, see preceding Deposit paid form.) Kemainder unpaid £ (Stamp.) No. 4. Of Freeholds. (A concise Form.) Biddings. — 1. The highest bidder [for each lot] shall be the pur- chaser ; — the vendor may bid once [for each lot] ; disputed biddings shall be revoked, and the preceding biddings continued, or, at the discretion of the auctioneer, the property [or lot] shall be put up again at the last undisputed bidding (v). Agreement to be Signed. — 2. The purchaser [of each lot] shall immediately after the sale pay [£ for the auctioneer, and contract, and] a deposit of £ per cent, on, and in part of the purchase money, and sign an agreement for the payment of the remainder on the day of next ; when all outgoings [in respect of each lot] shall be defrayed by the vendor, the purchase [of each lot] completed, and possession given to the purchaser ; but if the completion thereof be, from any cause whatever, not being wilful or attributable to the vendor, delayed beyond that day, the purchaser shall have possession of the property [or of his lot], or become entitled to the future rents and profits thereof, and pay (v) If desired, here insert the following condition — No person shall advance less than £ — per cent, at each bidding for lots and £ for each of the other lots. O 104 PRACTICAL FORMS. interest on the residue of bis purchase money at the rate of £ per cent, until the completion thereof (w). Abstract of Title. -3. A proper abstract of the title to the property [or each lot | [which shall commence with an Indenture of bearing date, A:e. (x)] shall be furnished to the purchasers thereof at the expense of the vendor [within days from the day of the sale], but the expense of, and attending the conveying (y), and of obtaining or furnishing any documentary or other evidence required, shall be borne by such purchaser. Objections and Requisitions. — 4. All objections to, and requisitions on the title [to either lot], not made within days next after the delivery of the abstract shall be deemed to be waived and the title unconditionally accepted ; but if any be furnished which the vendor shall object to comply with, he shall be at full liberty to abandon the contract on returning the deposit money only ; notwith- standing any concession, partial compliance, or correspondence by him, or his solicitor, in respect thereof (z). Compensations for Errors. — 5. No error or misdescription of the property [or lot] shall annul the sale, but a compensation shall be made in respect thereof [the particulars of the claim thereto being sent to the other party within days from the date of sale] ; and such compensation shall be estimated by two competent persons [or valuers], one to be chosen by each party, or by an umpire chosen by the referees in the usual manner (a). Default by Purchaser: forfeiture of Deposit. — 6. If the purchaser [of either lot] fail to complete (b) his purchase according to these conditions, his deposit money shall be absolutely forfeited to the vendor, and the property [or lot] re-sold in like manner without notice or tendering a conveyance ; and any deficiency, with the expenses attending such re-sale, shall be paid by such defaulting purchaser, and any increase in price shall belong to the vendor. (w) If timber or fixtures are to be taken at a valuation, here insert the following condition — The purchaser of the property — or, each lot — shall pay for timber and timberlike trees, fellers, and saplings thereon down to one shilling per stick inclusive. Or, — the purchaser [of each lotj shall pay for all the fixtures and fittings in the dwelling-house and offices, and specified in the inventory now produced, at a valuation to be made in the usual manner — or, by Mr. A. B., of, &c, appraiser. (./•; If the title is to be limited or subject to any reservation, or the property be sold subject to any charge — a mortgage, an annuity, or the like, it should be here stated thus — which is to be sold, subject to mortgage for £ — and interest amounting to £ — charged thereon — or, subject to an annuity of £ — to A. B., aged on his last birthday — or, except as to part of the property — or, lot — in the occupation of C. D., the title to which being only prescriptive— or, possessory — shall be deduced for twenty years last past. (y) Or, if leasehold, instead of conveying, substitute — assigning. (z) If the property be sold in lots, here insert the following condition — the purchaser of lot shall be entitled to hold the title deeds ; but he shall, at the expense of the respective parties requiring it, acknowledge the custody thereof, or, enter into the usual covenant to produce them, and to give copies, or abstracts of, or extracts therefrom. (a) See preceding form, n. (t). (b) Or, — to comply with these conditions. PRACTICAL FORMS. 195 Form of Agreement. — I, the undersigned {purchaser), of, &c, ( Jrocer, hereby acknowledge that I have this day purchased, at the before-mentioned auction, the property [or lotj described in t he- annexed particulars, at the sum of pounds, and have paid a deposit of pounds thereon according to the foregoing conditions ; and I agree to fulfil such conditions in all other respects. And I, the undersigned A. B., the auctioneer, hereby confirm the said sale on behalf of Mr. , the vendor. Witness our hands, this day of , 19 — . £ s. d. Purchase money (Sir/natures, see Form Deposit No. 2, supra.) Residue unpaid £ ., (Stamp.) No. 5. Of Reversionary Interests (c). Biddings.— 1. The auctioneer shall name the biddings immediately before offering the property [or each lot] ; there shall be two or more bidders [for each lot], or no sale ; the vendor or his agent may bid once [for each lot] ; the highest bidder [for each lot] shall be the purchaser, and no bidding shall be retracted ; but if either be disputed, the property [or lot] shall be put up again at the preced- ing undisputed bidding. Agreement to he signed. — 2. The purchaser [of each lot] shall, immediately after the sale, pay to the auctioneer a deposit of pounds per cent, on, and in part of the purchase money, and sign an agreement for payment of the residue thereof to the vendor [or, his authorized agent] on or before the day of next (d), at the office of Messrs. A. B. & Co., the vendor's solicitors at B., in the county of W. (or other place), [between the hours of in the forenoon and in the afternoon] ; at which time and place the purchase [of each lot] shall be completed, and from which time the purchaser [or respective purchasers] shall be entitled to all additions (e) and other benefits arising or accruing in respect of the property [or lot] purchased by him, and up to Avhich time all outgoings in respect thereof shall be paid by the vendor (/) ; but (c) No general precedent of the conditions applicable to these interests can be given ; for almost every one of them varies according to the peculiar circum- stances with which they are usually surrounded. This is, therefore, here intro- duced rather as a guide in, than a form adapted to, every case. See Dart, V. & P. 6th ed. 335, 7th ed. 329 ; Wolstenholme S. L. A., 8th ed. 1. (rf) If the vendor be residing abroad, provision should be made (as to time) against the casualties attending the sending of the deeds to him. (e) If of a policy, say,— all bonuses, additions, &c. If of a mortgage, say, — all interest [due and] to accrue due thereon. (/) If the sale be of a policy of insurance, here say, — All the premiums and other sums payable in respect of the said policy shall be paid by the vendor. 196 PRACTICAL FORMS. if from any cause whatever [not being wilful or attributable to the vendor], the purchase [of either lot] shall not then be completed, the purchaser thereof shall henceforth pay interest on the residue of his purchase money, at the rate of £ per cent, per annum, until the completion thereof, without prejudice, however, to the vendor's rights under the seventh condition (f/). Abstract of Title. — 3. The vendor will, within — days after the day of sale at his own expense furnish the purchaser [of each lot | with an abstract of the title to the property [or such lot] (h) ; and all objections thereto or requisitions thereon not sent or delivered in writing to the vendor's solicitor within days next after the delivery thereof shall be deemed waived, and the purchaser shall be absolutely precluded from disputing the title ; and if any should be sent or delivered within that time, which the vendor shall be unable or unwilling to answer, remove, or comply with (i), he shall be at full liberty to abandon his contract at any time, notwithstand- ing any correspondence, negotiation, concession, or partial compliance therewith, on giving the purchaser days' notice thereof, and returning the deposit, without interest, costs, or compensation ; and thereupon the purchaser [of such lot] shall return the abstract and all documents delivered to him relative to the property [or lot]. WJiat Expenses to be paid by Purchaser. — 4. All fees (k) and expenses of and attending the searching for, procuring, and producing all deeds and documentary evidence whatsoever, required, either for verifying the abstract or otherwise, not in the vendor's possession, and of all journeys attending the inspection thereof, or the examina- tion of the abstract or otherwise incident or relating to the purchase [of either lot] (I), shall be borne by the purchaser [of such lot]. Completion. — 5. On payment of the residue of the purchase money at the time and place appointed by the second condition, the purchaser [of each lot] shall have a proper assignment [or transfer] of the property [or of his lot] ; such assignment [or transfer] and all other deeds and documents necessary or required for effectually vesting the property [or lot] in him, shall be prepared, at his expense, by his own solicitor ; and the drafts thereof shall be sent Or, if the sale be of shares, say, — All calls made, and which shall up to that time he made upon or in respect of the said shares, shall he paid by the vendor. Or, if the sale be of a legacy, subject to duty, here say, — except the legacy [or, succession] duty payable in respect thereof. (q) Here insert any special conditions which may be necessary. (h) Jf so, — which shall commence with the will of A. B., of, &c, gentleman (or as the case may be). (i) If there be any other condition upon which it is intended the contract shall be vacated, here insert it. (Sec the preceding forms.') (k) If the sale be of a legacy subject to duty, here add — all the legacy [or, suc- cession] duties payable thereon, or in respect thereof. (/) If the production of any expensive document or any special thing is in- tended to be provided against, here add — nor shall the purchaser be required to produce a certain indenture of settlement made on the marriage of A. B. {the vendor's father) with Miss C. C, bearing date, &c, or to furnish any copy or abstract thereof, or any extract thereform, or information relative thereto. PRACTICAL FORMS. 197 to the vendor's solicitor days, arid the ingrossnient days previously to such completion (m). Compensation for Errors. — 6. No error or misdescription (?i) shall annul the sale ; but a compensation, if capable of compensation, shall be made in respect thereof, if, within days next after the discovery thereof, the purchaser [of the lot] shall send to the vendor the particulars in writing of the claim thereto ; which compensation shall be estimated by the auctioneer (o), whose decision shall be binding and conclusive upon both parties (p). Default by Purchaser : forfeiture of Deposit. — 7. If the purchaser [of either lot] shall fail to comply with these conditions, his deposit money shall be absolutely forfeited to the vendor, who shall be at liberty thereupon, or at any time or times afterwards, to re-sell the property [or lot] as he may think fit ; and any deficiency occasioned by such re-sale, with all losses, damages, and expenses of, and attending the same, and incident thereto, shall be paid by, and recoverable against such defaulter as liquidated damages, without first giving any notice whatever or tendering any assignment to such defaulter ; and any increase in price arising therefrom shall belong to the vendor ; whose rights under these conditions shall not be prejudiced by any step taken by him. Form of Agreement. — I, A. B., of, &c, gentleman, do hereby acknowledge myself to be the purchaser of the property described in the annexed particulars of sale at the sum of £ , and have paid £ as a deposit on, and in part thereof, And I hereby agree to complete such purchase and in all other respects to fulfil the foregoing conditions of sale. I, the undersigned C. D., the auctioneer, on behalf of Mr. , the vendor, hereby confirm the said sale. Dated this day of • , 19 — . £ 8. WHEREAS a principal sum of pounds remains due under the two before-mentioned Indentures, but all interest thereon has been paid as [the said] (mortgagee) hereby acknowledges. Now this Indenture WITNESSETH that, in consideration of the sum of pounds [sterling] paid, by the direction of [the said] (vendor) to [the said] (mortgagee) ; and of the sum of pounds [sterling j paid to [the said] (vendor), those two sums making together the total sum of ■ pounds, paid by [the said] (purchaser) for the purchase of the fee simple of the lands hereinafter mentioned, of which sum of pounds [the said] (mortgagee) hereby acknow- ledges the receipt, and of which total sum of pounds [the said] (vendor) hereby acknowledges the payment and receipt, in manner before mentioned, [The said] (mortgagee), as mortgagee, and by the direction of [the said] (vendor), hereby conveys, And [the said] (vendor), as beneficial owner, hereby conveys and confirms to [the said] (purchaser) All that, &c. (i). To hold [the same un-] to and to the use of [the said] (purchaser), in fee simple ; Discharged from all money secured by, and from all claims under the before-mentioned Indentures. [Add, if required, — Axd [the said] (vendor) hereby acknowledges the right of [the said] (purchaser) to production of the documents of title mentioned in the schedule hereto, and to delivery of copies thereof, and hereby undertakes for the safe custody thereof] In witness, &c. The schedule above referred to (k). (h) This is the statutory Form No. 3, given in Schedule 4 to the Act of 1881. The words within brackets and the characters of the parties instead of initials are introduced by the author. Stamp ad valorem on aggregate amount of purchase money. (i) See ante, n. {(j) to preceding form. (k) To contain the list of documents retained by vendor. PRACTICAL FORMS. 211 No. 3. A Conveyance, by way of Settlement of Property for the bt m fit of the Wesleyan Methodists, according to the "Model Deed" regulating that Body (/). This Indenture made, &c, Between (the vendor), of the first part ; (the trustees, describing than), of the second part ; and (the super- intendent preacher), the superintendent preacher for the time being of the Circuit, in the Wesleyan Methodist Connexion, in which Circuit [the piece of] land [or ground] and hereditaments hereinafter described are situate, of the third part. Whereas (m) the said parties hereto of the second part, being seised and possessed of certain sums of money intended to be laid out in the purchase of a piece of land and hereditaments, and in the erection of a chapel, or place of religious worship, with such appur- tenances as may be thought convenient thereon for the use of the society of people called " Wesleyan Methodists " to be settled to the uses upon the trusts, and in manner hereinafter declared, expressed, or referred to, have, in pursuance of such intention, contracted and agreed with the said (vendor) for the absolute purchase of the piece of land and hereditaments hereinafter particularly described and granted and released, at [or for] the sum of pounds. Now this Indenture witnesseth that, in pursuance of the said agreement (n), and in consideration [of the sum] of pounds, sterling, to the said (vendor) in hand paid, by the said persons parties hereto of the second part, out of the moneys in their hands as afore- said, upon the execution hereof (the receipt whereof and that the same is the full and actual value of the said piece of land and hereditaments hereinafter particularly described, and in full for the absolute purchase thereof, he the said (vendor) doth hereby expressly admit and acknowledge), [and from the same and every part thereof, doth acquit, release, and for ever discharge as well the said parties hereto of the second part, and every of them, their and every of their heirs, executors, and administrators, as also the said premises by these presents.] He, the said (vendor), with the appro- bation of the said (superintendent), as such superintendent for the time being as aforesaid (testified by his being a party to, and executing (I) Stamp ad valorem on purchase money. ('/*) If the property be given to, instead of purchased by, the religious body, instead of this recital, the following may be substituted — Whereas the said (settlor) is seised and possessed of or otherwise well entitled to the piece or parcel of land and hereditaments hereinafter particularly described and granted and released for a good and indefeasible estate of inheritance to him and his heirs for ever, and has pro- posed to settle and assure the same to the uses upon the trusts and in manner herein- after expressed. (n) Or — of such proposal and for the purpose of carrying the same into effect. 212 PRACTICAL FOB MS. these presents), Doth grant and release unto the said parties hereto of the second port, their heirs and assigns, All that, &c. (describing the property (o), TOGETHEB with all trees, fences, ditches, ways, paths, passages, easements, lights, and appurtenances whatsoever to the said piece of land belonging [or in anywise incident] or apper- taining [or with the same, or any part thereof, now, or at any time heretofore (p)) held, used, occupied, or enjoyed as, or reputed, deemed, taken, or known to be part, parcel, or member thereof], Ami the rents, issues, and proiits thereof; And all the estate, right, title, interest, property, possession, claim and demand whatsoever of him the said (vendor) in, to or out of the said premises, or any part thereof; And all deeds, evidences, and writings whatsoever relating exclusively to the title to the said premises, or any part thereof. To have and to hold the said piece of land, hereditaments and premises hereinbefore described and granted and released, with their appurtenances, unto the said (trustees) and their heirs. In posses- sion (q) immediately from the making hereof, and without any power of revocation, reservation, trust, condition, limitation, clause or agreement, whatsoever, for the benefit of the said (vendor), or of any person or persons whomsoever, claiming, or to claim, through or under him : Unto and to the use of the said parties hereto of the second part, their heirs and assigns for ever : But subject, never- theless, to, and upon such and the same trusts, and to and for such and the same ends, intents and purposes, and with, under, and subject to such and the same powers, provisoes, declarations, and agreements as are contained, declared, expressed or referred to, in and by a certain indenture of release bearing date on or about the third day of July, in the year of Our Lord, One thousand, eight hundred and thirty-two, and made or expressed to be made between John Sutcliffe, Benjamin Garside, Francis Farnell, John Swallow, Thomas Firth, Robert Wilson, Samuel Naylor, John Fearly Sutcliffe, Thomas Fox Sutcliffe, Charles Swallow the younger, Samuel Morley, Joseph Garside, accountant, William Farnell, and Joseph Garside, wood turner, therein respectively described of the first part ; the Reverend George Marsden, therein described of the second part; and James Brown, therein also described of the third part ; and enrolled in Her Majesty's High Court of Chancery on the twenty-fifth day of July, one thousand eight hundred and thirty-two ; being a deed made for the settlement of a piece or parcel of ground and chapel or place of religious worship, with the appurtenances, situate at Skircoat, in tne parish of Halifax and county of York, for the use of the people called Methodists in the connexion established by the late Reverend John Wesley, and to, for, and upon no other use, trust, intent, or {o) See n. (? » >> Dated the day of , 19—. To Mr. , Defendant's Solicitor (e). Yours, &c., {Signature.) Plaintiff's Solicitor (cl). No. 3. By Lodger that Tenant does not own Goods (/). I, the undersigned, a lodger in , hereby declare that - - (h) has no right of property or beneficial interest in the furniture, goods, and chattels of which an inventory is annexed, but such furniture, goods, and chattels, are my property (i). D I further declare that I owe (k) £ on account oi rent due from to . Inventory. (Here give correct list (I) of articles claimed.) K ff (Signature.) (d) Or, the partners of the firm. 0) Or, to the defendant himself if the demand was made by him. ( f ) By the Act to protect the goods of lodgers against distresses for rent due to the superior landlord (34 & 35 Vict. c. 79), if a distress is levied or threatened upon the furniture, goods, or chattels of a lodger, he may serve a declaration in writing (with inventory annexed) upon the superior landlord or bailiff, or other persoifemployed by the landlord, that the immediate tenant has no property in the goods distrained, and may pay, or tender, to such landlord or bailin any rent due to his immediate landlord, after which, if the levy is proceeded with, the distress will be deemed illegal. (a) Name of superior landlord, or bailiff. (h) Name of immediate tenant of superior landlord. (i) Or, — are in my lawful possession. (A-) Name of immediate landlord, or lodger. (I) If the lodger knowingly make any statement in the declaration or in- ventory which is untrue in any material particular, he will be guilty of a mis- demeanour. As to who is a lodger, see Phillips v. Hanson, 3 C. 1 . D. Lb. As to the necessity for the declaration applying to the particular distress then made, see Thwaites v. Wilding, 11 Q. B. D. 421. 216 PRACTICAL FOX MS. No. 4. To accompany Application for Certificate of Incorporation of Building Society (m). Building Societies Acts. - Building Society. I ? f of , do solemnly and sincerely declare that at a general meeting of the Society, specially called for that pur- pose, authority was duly given to me to make application for the incorporation of the said Society under the above-mentioned Acts; and that the rules of the said Society have been certified under the 6 and 7 Will. 4, c. 32. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. (Signature.) Taken and deceived before me, one of His Majesty's Justices of the Peace for the county of , at , in the said county, this day of , 19 — . (Signature.) No. 5. In support of an Amendment of the Rules of a Friendly Society (n). Name of Society Eegister No. (o). County of to wit. I, — — , of , an officer of the above-named Society, do solemnly and sincerely declare that the amendment of the rules of the said Society, a copy of which is hereto annexed, has been duly made by the Society, and that to the best of my knowledge and belief (m) This is the form of statutory declaration required by the Treasury Regu- lations (Building Societies) of 1882 to accompany an application for a certificate of incorporation in the case of a society existing on November 2, 1874. See Rule 1 and Form (B) in the appendix to the said regulations. (n) See Form (C) of Treasury Regulations of December 8, 1875, issued under the Friendly Societies Act, 1875 (38 & :!!> Vict. c. 00). A similar statutory declaration is required under the Industrial and Provident Societies Act, 1870, 39 iV- 40 Vict. c. 45), see Form (C) in Appendix of Treasury Regulations (In- dustrial Societies) of October 21, 1870. If these forms are written out, they should be on foolscap paper, and the number of the form given. (o) If the society is registered in Scotland or Ireland, add— Scotland — or, Ireland, as the case may be. PRACTICAL FORMS. 217 the same is not contrary to the provisions of the Act above referred to- And I make this solemn declaration, conscientiously believing, &c. (as in preceding form). (Signature.) Taken and received before me, &c. (as\ in the preceding form.) J (Signature.) No. 6. Similar Form in the Case of a Building Society (p). Building Societies Acts. Building Society, Register No. I, of , an officer of the above-named Society, do solemnly and sincerely declare that in making the alteration of the rules of the said Society, the application for the registration of which is appended to this declaration, the provisions of section 18 of the Building Societies Act, 1874, have been complied with. And I make this solemn declaration, conscientiously believing, &c. (as in Form No. 4, supra). (Signature.) Taken and received before me,) &c. (as in Form No. 4, supra). S (Signature.) No. 7. As to Change of Name of Building Society (q). Building Societies Acts. (Name already registered) Building Society, Register No. . I, , of , an officer of the above-named Society, do solemnly and sincerely declare that in making the change of name, notice (r) of which is appended to this declaration, the provisions of section 2'2 of the Building Societies Act, 1874, have been duly complied with. (p) See Form (E) in Appendix to Treasury Regulations (Building Societies) of 1882. For the formalities required to obtain the certificate given, ante, Fart xvii., Form 2, see No. 4 of the said regulations. (q) See Form (H), in Appendix to the Treasury Regulations (Building Societies) of 1882. (>•) For the form of notice, see post, tit. " Notices." 218 PRACTICAL FORMS. A.nd I make this solemn declaration, conscientiously believing, etc. (as in Form No. 4, supra). {Signature.) T \kf.n and RECEIVED before me,) \-c. (as m Form No. 4, supra). S (Signature.) No. 8. Verifying Statements in an Application for direction to Transfer Stock of Building Society (s). Building Society, Register No. I, , of , in the county of , do solemnly and sincerely declare that I am the secretary (t) of the Building Society. That , and , whose names are subscribed at the foot of the application hereto annexed, are members of the board of directors (u) of the said Society. That on the day of , 19—, and therein men- tioned, were appointed trustees of the said Society. That on the day of , 19, the sum of was invested in the purchase of stock, transferable at the Bank of England (x) in the names of the said trustees, and the declarant believes that it is still standing in their names, as follows : — (y). That the said is absent from England (z). That on the day of the said was removed from his appointment as one of the said trustees, and was appointed in his place. That since such removal, application has been made in writing to the said (a) to join in the transfer of the said stock into the names of the said (a) as trustees for the said Society, but he has refused to comply (&) with such application (c). (s) See Form (K) in the Appendix of the Treasury Regulations (Building S. Hicties) of 1882. For the applications to accompany this statutory declaration, see Form (I) of the same regulations. For a similar form in the case of in- dustrial societies, see Form (N) in the Appendix to the Treasury Regulations of October 21, 1870, issued under the 39 & 40 Vict. c. 45. (t) Or, other officer, naming the office. it) ( >i\— committee of management. (x) Or, — Ireland. (y) State as in Form (I) accompanying the declaration, see n. (s), above. (z) Or, as the case may be. (a) These blanks will be filled in as in Form (I), see n. (s), above. (b) Or, — has not complied. (c) This paragraph must be omitted or varied according to the facts. PRACTICAL FORMS. 219 And I make this solemn declaration, conscientiously believing, &c. (as in Form No. 4, supra). {Signature.) Taken and received before me,) &c. (as in Form No. 4, supra). > (Signature) No. 9. By Officer of Provident Society accepting Transfer of Engagements (d). Industrial and Provident Societies Act, 1893. County of to wit. Name of Society , Limited. Eegister No. (t). I, of , an officer of the above-named Society, do solemnly and sincerely declare that by a resolution of a meeting of the Society held on the day of , at (/), the Society has undertaken to fulfil all the engagements of the Society, limited. Eegister No. (g). And I make this solemn declaration, conscientiously believing, &c. (as in Form No. 4, supra). (Signature.) Taken and received before me,) &c. (as in Form No. 4, supra). S (Signature.) No. 10. To accompany Instrument of Dissolution of Building Society (//). Building Societies Acts. Building Society, Eegister No. . I, , of , an officer of the above-named Society, do solemnly (d) See sects. 52, 53, 56, and 57 of the Industrial and Provident Societies Acts, 1893. (e) If the society is registered in Scotland or Ireland, add — Scotland — or, Ireland, as the case may be. (/) Or, as the case may be, stating by what authority the transfer is accepted. (g) Add — Scotland — or, Ireland, if required. (h) This statutory declaration is to accompany the instrument of dissolution, of which the form is given in Form (M) of the Treasury Regulations (Building Societies) of 1882. For a similar declaration under the 39 & 40 Vict. c. 45, see Form A 2 in the Appendix to the Treasury Regulations (Industrial Societies) of October 21, 1876. 220 PRACTICAL FORMS. and sincerely declare that the instrument of dissolution (i) appended to this declaration is signed by not less than three-fourths of the members, holding not less than two-thirds of the number of shares in the said Society. And I make this solemn declaration, conscientiously believing, &c. (as in Form No. 4, supra). (Signature.) Taken and received before me,) &c. (as in Form 4, supra). » (Signature.) No. 11. Of Amount of Interest (or Dividends) to be paid into Court (h). In the High Court of Justice, 19 — , — , No. — . Chancery Division. Mr. Justice . Between, &c. (as at p. 83). I, (declarant), of (residence and occupation), do solemnly and sincerely declare that — 1. The interest on the sum of £ in the order made in this action, dated the day of , 19 — , mentioned, at the rate of £5 per cent, per annum from the day of , 19 — , to the day of , 19 — , the day for payment into Court of the said sum pursuant to the said order (I), and which interest (m) pursuant to the said order is (n) to be paid into Court to the credit of (o) amounts (pi) to the sum of £ , and no more, after deducting the sum of for income tax. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of, &c. (as in Form 4, supra). (Signature.) Declared at, &c. (as in Form 4, supra). (Signature.) Filed on behalf of . CO Or,— the alteration of the instrument of dissolution. {k) See Supreme Court Funds Rules, 1894, Nos. 0-29 to 42-9G. In most cases the correct amount can and would be inserted in the lodgment schedule to the order directing payment, but if this requires to be verified this declaration would be necessary. (I) Or, — the dividends on the £ Consolidated £3 per cent. Annuities (or what- ever is included in the order) in the order made in this action, dated the day °f 1 19 — , mentioned, which were due at the date of the said order. (m) Or, — dividends — or, which sum and interest. (n) Or, — are. (o) Follow order. ( p) Or, — amount. PRACTICAL FORMS. 221 No. 12. Of Life of Payee (q). In the, &c. (as in the preceding form). I, (declarant), of, &c, Grocer, do solemnly and sincerely declare that — 1. (Name of payee), the person named in an order made in the action, 19 — , No. — , v. , dated the day of — — , 19 — , was alive on the day of , 19 — , and is, as I verily believe, still living. And I make this solemn declaration, conscientiously believing, &c. (as in Form No. 4, supra). (Signature.) Declaimed, &c. (as in Form No. 4, supra). (Signature.) No. 13. To obtain Remittance by Post of Money Payable under an Order of the Supreme Court (r). (Postal address.) (Bate.) 19— — , No. — . In the High Court of Justice. Division. Between, &c. Order dated the day of , 19 — . (Title of ledger credit of cause or matter in Pay Office boohs.) I, the undersigned, declare that I am the person to whom the sum of £ is directed to be paid by the above-cited order of the High Court of Justice, and I request the Paymaster- General to transmit (q) To entitle a person to receive dividends or other periodical payments from the pay office of the Supreme Court, the paymaster only requires a declaration signed by the solicitor (not the firm) acting on behalf of the payee, or a declara- tion signed by the payee himself, but in that case it must be attested by a justice of the peace, or a commissioner to administer oaths, or a clerk in holy orders, or a notary public ; but for other purposes the paymaster may require an affidavit or statutory declaration under 5 & 6 Will. 4, c. 02 ; see Supreme Court Funds Rules, 1894, Nos. 44 to 68. (■>•) This form of declaration and request is required by the Supreme Court Funds Rules, 1894, r. 48, and is in the form hitherto used, which, however, has not been again scheduled. .).).) PRACTICAL FORMS. to me by post, to the above address, the necessary direction or other authority to enable me to obtain payment of the said sum. {Signature.) "We certify that the person who has signed this request \ is known to us, and is the person to whom the sum therein ( mentioned is directed to be paid by the above-mentioned C order. ; (Signatures) (s). To the Assistant Paymaster-General, Eoval Courts of Justice, London. No. 14. By Parliamentary Voter as to his Place of Abode (t). I, (declarant), of ('place of abode), on the ownership portion of the register [or list of ownership claimants] for the parish (u) of , in the county (x) of , do solemnly and sincerely declare that I possessed on the fifteenth day of July now last past the same qualifi- cation in respect of which my name was inserted in such list, and that my true place of abode is now . Made and subscribed before me,) (Signature and place of the day of , 19 — . / abode.) (Signature of justice, or person authorized to administer oaths in the High Court.) Statement of his quality, as Justice, or, &c. No. 15. For Correcting Misdescription in Occupiers or old, Lodgers List of Parliamentary Voters (y). I, , of , in the parish [or township] of , in [ parliamentary division of] the county (z) of , and in the adminis- trative county of [or in the borough of ], do solemnly and sincerely declare as follows : — (s) To be signed by a justice of the peace, or a commissioner to administer oaths, or a clerk in holy orders, or a notary public. (t) See Registration Order, 1895, Form No. 7 replacing Form No. 7 in Schedule 2 of Registration Act, 1885. (") Or, — township. ( a I Or, — in the division of the county. (') — with the exception of , I am entirely ignorant, &c. 228 PRACTICAL FORMS. And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent of money for the purpose of defraying any such expenses. (Declarant.) Signed and declared, &c. (as in Form No. 19). No. 22. Same hj Candidate at Municipal Election as to Expenses (h). I, (declarant), having been a candidate at the election of councillor for the borough (i) of , on the day of (k), do hereby solemnly and sincerely declare that I have paid pounds for my expenses at the said election, and that, except as aforesaid, I have not, and to the best of my knowledge and belief, no person, nor any club, society, or association, has on my behalf, made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that, except as aforesaid, no money, security, or equivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by any one to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not at any future time make or be a party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. (Declarant.) Sigxed and declared, &c. (as in Form No. 19). (h) See Municipal Elections (Corrupt and Illegal Practices) Act, 1884, s. 21, and fourth schedule. (i) Or, — ward. (k) Add (if so) — and my agents. There would seem to be some mistake here in the Queen's Printer's copy of the Act. PRACTICAL FORMS. 229 No. 23.! By Arbitrator or Umpire (I). I, A. B., do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the Act ■ (m). Made and subscribed \ in the presence of (ri). j (Signature.) No. 24. Similar Form (o) under Copyhold Act, 1894. I, A. B., declare that I will faithfully to the best of my ability value, hear, and determine the matters referred to me under the Copyhold Act, 1894. A. B. Made and subscribed in the presence of , this day of , 19 — . No. 25. Of Inability to Pay Debts (p). In the High Court of Justice (q). No. — , of 19—. In Bankruptcy. Be (debtor). Ex parte (debtor). I, A. B., of , residing at (r), hereby declare that I am unable to pay my debts. Dated the day of , 19 — . (Signature.) Signed by the debtor in my presence. (Signature of ivitness) (s). Address and description. Filed the ■ day of , 19. (0 This declaration is to be made before entering into the consideration of the matters referred to him and to be annexed to the award ; see s. 33 of the Lands Clauses Consolidation Act, 1845., and s. 134 of the Railway Clauses Consolidation Act, 1845. (m) Naming the special Act. (n) A justice of the peace of any county. (") To be annexed to valuation. Copyhold Act, 1894, s. 5 (8). (;>) See No. 3 of Bankruptcy Forms, 188G. Stamp 5s. (q) Or, — In the County Court of , holden at . (r) If the debtor resides at a place other than his place of business, both addresses should be inserted, therefore add (if so)— and carrying on business at . 00 The witness must be a solicitor, or justice of the peace, or an official receiver, or registrar of the court. See Bankruptcy Rules, 1883, No. 117. 230 PRACTICAL FORMS. No. 20. Of Identity of Various Properties. In the High Court of Justice. 19 — , — , No. . Chancery Division. Mr. Justice . Between, &c. I, (the declarant), of, &c, Grocer, do solemnly and sincerely declare : — 1. That I am years of age, and was born at D. aforesaid, and have lived in that parish (t) all my life. 2. That I know and am well acquainted with a farm and lands there belonging to (the owner), Esquire (u), called " Greens," situate at, &c, formerly in the occupation of , and now of , as tenants thereof : to both of whom I have supplied goods (x) on the said farm for many years past. 3. That part of the said farm and lands consists of the following fields, pieces of [heath] land, farm homestead, and cottages, namely, — A close of arable now commonly called or known as " Long Plot," and formerly " One Acre Close," upon which a cottage formerly stood, situate on the south side of the turnpike road (y) leading from, &c, to &-c., and opposite a house and garden occupied by E. F., into which close a piece of waste land, lying on the side of the said road, adjoining the said close, was, some years ago, thrown ; and which said close, with the additions of the former waste land, contain, &c, and are delineated and coloured red, and marked and ■ in the [map or] plan hereto annexed : And I say, from my knowledge of the land at D. aforesaid, that such last-mentioned close of land before the said piece of waste land was thrown into (z) it, as before mentioned, is that referred to, and included (a) in the following old description, namely (here state it exactly from the old deed). 4. That a piece of meadow land, known as " Coiclease" adjoining (b) on the north side, the river A., and containing [by estimation], &c, and also coloured red, and numbered on the said plan, is comprised [and included] in the following description (setting it out from the deed). 5. That another small piece of land now known as " Butts," and used as garden ground, lying on the south side of the highway (c) leading from, &c, to, &c, and situate at the corner of the road or lane leading into the last-mentioned field [called " Butts "], and now (t) Or, on the borders of the adjoining parish, and close to the farm and lands there belonging, &c. (as above). (v) Or,— to the trustees under the will of the (owner] . late of, &c.. Esquire. (x) Or, if made by a labourer — for both of whom I have worked on the said farm, &c. (as above). (y) Or, — highway. (z) <)r, — added to it. (a) Or, — comprised. (b) Or, — bounding. (c) Or, — road — or, lane. PRACTICAL FORMS. 231 forming part of the other garden ground hereinafter described as " Longs," is also delineated and coloured red, and numbered on the said plan, and is included, &c. (as above). 6. That a piece of heath land called " The Allotment" lying in the said parish of D., containing, &c, or thereabouts, is delineated, &c. (as above). 7. That another close of arable land, containing, &c, or there- abouts, known as " The Park," into which an adjoining field herein- after called, &c. (as above), has been thrown, and which, with the said adjoining field, contains, &c, and are together delineated, &c. ; to which said close belong two small islands of wood land in the stream known as " The Moors," containing, &c, formerly forming together one island ; and which islands are delineated, &c. (as above). 8. That a farmhouse and homestead occupied by the said (tenant) with the arable, meadow, pasture, and heath land thereto belonging, formerly common land, known as " The Higher Common," containing &c, or thereabouts, is delineated, &c, coloured, and numbered , &c. (as above). 9. That also the following land formerly known as " Greens Living," and now as " The Croft," and containing acres, or thereabouts, together with a plot of arable land called "Freehold Plot," adjoining, at a place [in the said parish of D.] called or known as " Duck's Lane," which was always deemed as freehold, and was thrown into and now forms part of (d) the close of land called " The Furlong," and formerly called " The Ten Acres," containing, &c. (as above). 10. That a close or field of arable land, formerly two closes, and known by the name of " BrigMs," containing, &c, or thereabouts, with the lane or roadway running on the south side thereof, and delineated, &c., coloured, &c, and numbered on the said plan, formerly consisted of two closes of land, then known as " The Hams," and also a barn and yard and a plot of land adjoining [the barn], and the drove way which formerly separated the barn and plot from the said pieces of land known as " Dean's Close." 11. That a piece of arable land called ''Dunns Acre" contain- ing, &c, or thereabouts, situate on the south side of the road known as "Green Lane" leading to P. Church, formerly consisted of two fields or closes then called or known as " Greerihams ; " which piece of land is coloured, &c. (as above). 12. That the last-mentioned piece of arable land, called " Dunn's Acre," now forms, with a piece of arable land adjoining thereto on the north side, formerly part of the park, known as "Smith's," and delineated, &c. ; and also the site of a cottage, formerly occupied by Betty Old, with the garden belonging thereto, situate on the north side of the said field called "Dunn's Acre," were all together, as hereinafter mentioned, and now form one field called or known as " Highfield," and is delineated, &c. (as above). ('/) Or,— added to. 232 PB ACTIO AL FORMS. 13. That to the said close of laud known as " lligh field," was always used a right of way for horses and carts to pass and repass into and out of the before-mentioned droveway, leadiug from the highway, and also a cart road from a gate in the said droveway to another gate in the said close called the " Highfield" in a straight line across a field adjoining on the north side of the said close called "Highfield;'' and the same close is referred to and included, ore. (as above). 14. That another close of arable land, called, &c, adjoining on the south side of the highway leading, &c, containing, &c, or there- abouts, and formerly a rough ground (e), was more than twenty years ago broken up and converted into arable land by A. B., a tenant to the father of the said (vendor), and thrown into, and now forms, and has ever since formed part of a piece of land called " NoaJcs," formerly waste land, adjoining the said road, containing, &c, or thereabouts, and is the same close as that delineated, &c, coloured , and numbered on the said plan (the said former piece of waste land being numbered thereon), and included, &c. (as above). 15. That another field of pasture land, formerly arable, called "Maggs" on which formerly stood a barn and stable, known as "Magg's Barn," containing, &c, or thereabouts, is the field now called " Cooper s Piece," delineated, &c. (as above). 16. That another piece of heath land abutting on the east side of the two last-mentioned fields and the field next hereinafter men- tioned, forming a triangular piece, containing, &c, or thereabouts, is the piece of heath land delineated, &c. (as above). 17. That the following cottages and closes of arable and pasture land formerly formed part of a copyhold estate (/) known as " Brown s Living," namely : — Two cottages, with gardens belonging to each of them, except a part of the garden now forming part of the field mentioned in para- graph of this my declaration, situate on the west side of, &c, formerly consisted of a farm house and buildings, yard, garden, orchard, and small plot or paddock (g), called " Browns Living," containing altogether, &c, or thereabouts, and delineated, &c. (as above). 18. That a long strip of arable, formerly heath land, feet wide, or thereabouts, called " Hunts" containing, &c, or thereabouts, running in a straight line, in a southerly direction, from the south-west corner of the last-mentioned field, and along the west side of the hedge which divides the said strip from a field called "Browns" hereinbefore mentioned, is that delineated, &c. (as above). 19. And I make this solemn declaration, conscientiously believing (e) Or, — heath and uncultivated land. (/) Or, — living. i'j) Ur, — homestead. PRACTICAL FORMS. 233 the same to be true, and by virtue of the Statutory Declarations Act, 1835. {Signature.) Subscribed and solemnly declared by the above-named {decla- rant) at D., in the county of K, this day of , 19—. Before me, A. B., A Commissioner to administer oaths in the Supreme Court of Judicature. Filed on behalf of . No. 27. In Support of Marital Identity and Lineage. In the, &c. (as in the preceding form). I, {die declarant), of, &c, Gentleman, do hereby solemnly and sincerely declare : — 1. That I am upwards of years old, and came to reside at W., aforesaid, in the summer of the year 19 — . 2. That the Eeverend C. E. was then, and for many years after- wards, one of the ministers of the church there, and was also during that time, resident at G., which adjoins the said parish of W. 3. That I knew and was well acquainted with the said C. II., and with Ann, his wife (now deceased), formerly A. D., spinster, from the fact of my having been on visiting terms with them, from shortly after the time of my coming to reside at W. aforesaid till the time of their respective deaths. 4. That 1 am the sole acting trustee under the will of the said C. K. 5. That when I first knew the said C. B., and Ann, his wife, they were living together as man and wife at G., aforesaid; and that, during their residence there, they had three daughters, namely, Ann, the eldest, who married Sir J. W., late of, &c, Knight, deceased, and who since his death has intermarried with, and is now the wife of S. T., of, &c, Esquire; Mary, the second daughter, who is married to C. D., of, &c, Esquire ; and Caroline, who resides at the city of B. and married C. L., late of, &c, Esquire, who died several years ago without issue, and whose widow she still remains. 6. That I have never heard that the said C. R. and his wife ever had, and to the best of my knowledge and belief, they never had any other child or children than the three daughters above named. And I make this solemn declaration, &c. (as in Form No. 2G). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 20). Filed on behalf of . 234 PRACTICAL FORMS. No. 28. In Support of Pedirjr* > . In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Gentleman, do hereby solemnly and sincerely declare : — 1. That I am now years of age, and upwards. 2. That I have resided at (h) W., aforesaid, which is distant - miles from " H.," in the parish of " \Y.," in the said county of " D.," during the whole of my life. 3. That, to my knowledge, for a great many years previous to the time of the death of H. \Y., who died in the month of - — , one thousand nine hundred and , he and his ancestors had lived and resided at their family mansion at H., aforesaid, as the proprietors thereof, as appears by title deeds now in my possession [which came into my possession in consequence of my being employed by the said H. W. and his family as their solicitor, and which I now hold as solicitor for the committee of the lunatic next hereinafter men- tioned («)]. 4. That I very well knew, and was well acquainted with the said H. W., late of that place, Esquire, deceased [having for many years acted as his solicitor (/)] ; And that he and the late Eeverend J. W., M. A. W., C. W., and A. AY., a lunatic, were the only sons and daughters of II. W. and D. his wife, whose maiden name was G. 5. That I well remember the said H. W. and D., his wife, living together (k) as man and wife for many years at H., aforesaid ; and, as long as I can remember the said family, the estate at H., consist- ing of a mansion, domestic offices, coach-houses, stabling, outbuild- ings, yards, gardens, and divers farms, lands, and hereditaments at 1L, aforesaid, and in the adjoining parish of D., were held and en- joyed by the said H. AY., in his lifetime, and in succession by the said H. \V., his son, during his lifetime (I). 6. That I verily believe the said H. W., who married D. G., was the son of E. AV., formerly of, &c, Esquire, who died in the year one thousand nine hundred and . 7. That I verily believe the said E. W. (the father of the said H. W., who married D. G.) married A., the daughter of Sir J. T., formerly of E., in the county of B., and afterwards of E., in the county of S. 8. That the said E. W. was buried [in the family vault] at H., aforesaid, on the day of , one thousand nine hundred (h) If so, — and in the neighbourhood of. (i) The part of this clause within brackets can, if preferred, be made the subject of a substantive clause in the latter part of the declaration. /. ) <>r, -cohabiting. (I) Or,— were held and enjoyed by the said H. W. and H. W., his son, successively, down to the time of their respective deaths. PRACTICAL FORMS. 235 an d . and the said A., his wife, was also buried there, on the day of , one thousand nine hundred and (m). 9. That there were several children, issue of the marriage between them, the said E. W., and A., his wife, the eldest of whom was a daughter baptized at H. by the name of " M ." 10. That she, the said M., first married S. P., and was afterwards called " M. P.," and, after his death, she married T. T., of, &c, Esquire, who died in the year one thousand nine hundred and , and was buried there on 'the day of , in the same year; and that the said M. T. died in the year one thousand nine hundred and , without having had issue by either of her said husbands, and she was buried at H., aforesaid, on the day of , in the last-mentioned year. 11. That the second child of the said E. W. and A., his wife, was named " T ," and he married B. Gr., daughter of W. Gr., then of, &c, Esquire. 12. That there were several children of the last-mentioned marriage, namely E, T. W., Gr. J. W., and C. W., all of whom, save one, the said C. W., died infants (V). 13. That I knew and was well acquainted with the said C. W ., one of the sons of the said T. W., and B., his wife ; and that he the said C. W. died a bachelor in the month of •, one thousand nine hundred and . 14. That I also knew and was well acquainted with the said Eeverend J. AV., the second son of the said H. W., and D., his wife ; And that he the said J. W. also died a bachelor, in the month of , one thousand nine hundred and . 15. That H. W., the father of the before-mentioned lunatic, was called, and in the certificate of the baptism of the said A. AV. is described by the christian name of " Harry." 16. That the christian name of " Harry " was introduced in the certificate of the baptism of the said A. AV., the said lunatic, by mistake. 17. That the said H. AA r ., named and referred to in the said certificate, was the said H. AA 7 . last above named. 18. That I have been informed, and now verily believe it to be true, that M. A. AV., the daughter of the said 11. AV., and sister of the said A. AV., the lunatic, and who married H. AV. B., the^son of AV. B., of, &c, Esquire, had issue only one child, namely, M. B., who was baptized at B., in the county of *D., in the month of -, one thousand nine hundred and . 19. That I have been informed and now verily believe that C. AV., another of the daughters of the said H. AV., by D., his wife, died many (m) If the declarant should be unable to depose to these matters absolutely as facts, here add — as appears by the records thereof on the family tombstone— or, gravestone — "/', monument — in the church — or, churchyard at H. aforesaid — or, that there is a monument in the said church of H., aforesaid, erected to the memory of the saidR. W., and A. his wife, on which is recorded as follows (here copy the inscription). («) Or, — under the age of twenty-one years. '236 PRACTICAL FOBMS. years ago without ever having been married ; but although I have made very diligent search and inquiry for, I have not been able to ascertain the place of her burial, or, consequently, to procure a certificate of her burial. 20. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 29. Another Form. In the, &c. (as in Form No. 26). I, ( the declarant), of, &c, Gentleman, do solemnly and sincerely declare : — 1. That I knew and was well acquainted with C. C, formerly of, &c, and afterwards of, &c, Victualler, the eldest legitimate son of J. C., heretofore of K., aforesaid, Victualler, deceased. 2. That the said J. C. died in or about the year one thousand nine hundred and , intestate, as I verily believe, leaving C. C, late of K., aforesaid, Victualler, his eldest legitimate son and heir- at-law, him surviving. 3. That the said 0. C. also died in or about the month of , in the year one thousand nine hundred and , intestate, as I verily believe, leaving T. C, late of, &c, Grocer, his eldest legitimate son and heir-at-law, him surviving. Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) 4. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 30. Of Seisin. I, (the declarant), of, &c, Yeoman, being now of the age of years or thereabouts (o), do solemnly and sincerely declare : — 1. That I had, previously to the year 19—, a period of years and upwards, open, known undisturbed and undisputed possession of a dwelling-house with the outbuildings and garden thereunto ad- joining, called " ," situate at, &c, and now in the occupation of A. B., and sold and conveyed by me to him by indenture, bearing date, &c. (o) Or, — upwards — or, on my last birthday. I PRACTICAL FORMS. 237 2. That I always understood, and never having heard the contrary, now verily believe that the said, premises were vested in my father, C. D., late of, &c, Yeoman, deceased, as freehold under a possessory title of years and upwards (p) ; and that no adverse claim was ever made thereto in his lifetime ; 3. That I never paid, and (q) to the best of my knowledge and belief, my said father never paid any rent or equivalent for the said premises or made any other acknowledgment of title to any person or persons whomsoever thereto ; but, on the contrary, I have often heard him declare that no other person than himself had any right or title to the said premises or any part thereof. 4. And I make, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). Filed on behalf of . (Signature.) No. 31. Of Marriage. In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Grocer, do solemnly and sincerely declare : — 1. That I have always understood, and have now no reason to doubt, that my father, A. B., on the day of , 19 — , being then a bachelor (r), intermarried with my mother, S. S., who was then a spinster (s), residing at, &c. (stating the place), and a daughter of A. S. of that place, Draper ; And that the marriage referred to in the certificate hereunto annexed and marked with the letter " A," is, to the best of my knowledge, information, and belief (t), the marriage of my said father and mother. 2. That my said parents had a daughter (u) named S., who [as I have also heard and verily believe] was born on or about the day of , 19 — , at, &c. (stating the place) ; And that the baptism referred to in the paper writing hereunto annexed and marked with the letter " B," purporting to be a certificate of her baptism, is, to the best of my knowledge, information, and belief, the baptism of my said sister S. (p) Or, — under the will of my grandfather; but the title deeds relating thereto ■were lost or destroyed. (q) And (if so) I have always heard — or, understood — and now verily believe my father, &c. (<(-s above). (r) Or, — widower. (s) Or, — widow. (t) The declaration should be in positive language whenever the facts will .admit of it. (w) Or, — an only daughter — or, one daughter, and no more, and that her name was S. 238 PRACTICAL FORMS. 3. That my said parents had a son (a;) named T., who [as I have likewise always heard and now verily believe] was born on or about the ■ day of -, 19 — , at, &c. ; And that the baptism referred to in the paper-writing hereunto annexed and marked with the letter ' ; C," purporting to be a certificate of his baptism, is, to the best of my knowledge, information, and belief, the baptism of my said brother T. 4. That my said sister S. died on or about the day of , 1<) — f a t 5 & c . (stating the place), a spinster, and intestate, leaving my said elder brother T., now of, &c, Grocer, her heir-at-law ; my said parents having both died in her lifetime ; And that she, my said sister, was buried in the churchyard at, &c. (stating the place) (y). 5. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 32. Another Form. In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Grocer, aged about years, do solemnly and sincerely declare : — 1. That my brother A. B., of, &c, tailor, now deceased, was married to K. D., of, &c, spinster, a daughter of W. D., of the same place, farmer, at the parish church (z) of D. aforesaid, on or about t h e day of , 19 — ; and that from that time, with the exception about months, down to the day of the death of my said brother, which happened on the day of , 19 — , I never resided out of the town of D. aforesaid, and only a short distance from him, except as aforesaid. 2. That the only issue of the said marriage were four children, namely, William, Fanny, and two others, who were not baptized, one of them (the first, a female) having been stillborn, and the other of such last-mentioned two children (a male) having lived only a few days, was interred in the same coffin as his mother at D. aforesaid. The said William and Fanny both died in infancy [quite young] and were likewise buried at D. aforesaid ; neither of them having attained the age of years. (x\ q,^ — one g on only — or, one son, and no more ; and that his name was T. {if) Or,— in the churchyard belonging to Saint Luke's (or oflu r) church, at, &c. — or, at the Kensal Green (or other) Cemetery— or, at the cemetery at Woking, Surrey (as the case iimy be). ( z \ q I} — a t church at, &c. — or, at the Dissenting — or, "Wesleyan — or, other chapel, at, &c.—or, by the Registrar for marriages for the district of B., at his office at D. aforesaid. PRACTICAL FOB MS. 239 3. And I make this solemn declaration, &c. (as in Form No. 26). (Signature?) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 33. Another Form. In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Grocer, do solemnly and. sincerely declare : — 1. That I was married to C, the daughter of A. B., late of, &c, Maltster, at the parish church (a) of D. aforesaid, on the day of , 19 — ; and that we are the same persons as the T. E. and C. B. named in the paper-writing marked "A" now produced and shown to me (b) and purporting to be an extract from the Kegister of Marriages for the said parish of D. (c). 2. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 34. For Verifying a Certificate of Baptism. In the, &c. (as in Form No. 26). I, {the declarant), of, &c, Gentleman, do solemnly and sincerely declare : — 1. That the paper-writing hereunto annexed, marked " A," contains a true extract (d) from the Begister of Baptisms for the parish of W. in the county of I)., so far as the same relates to the entry of the baptism of A. B., I [this declarant] having [this day] carefully examined and compared the same with, the said original register. 2. That I knew and was personally and well acquainted with the said A. B. for many years prior to his death, and that he is the same («) Or, — at church at, &c. — or, at the Dissenting — or, Wesleyan — or, other chapel, at, &c. — or, by the Registrar for marriages for the district of B., at his office at D. aforesaid. Q>) Or, — produced and shown to me at the time of making this my solemn declaration. (c) Or, — for the district of B. aforesaid. (d) See n. (/) to Form No. 36, p. 241. 240 PRACTICAL FORMS. identical person and the person described as A. B. of, etc. (stating the exact description) in the books of the Governors and Company of the Bank of England. 3. And I make this solemn declaration, &c. (as in Form No. 26). (Signature). Subscribed, &c. (as in Form No. 26). Filed on behalf of (Signature.) No. 35. Another Form. In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Grocer, do solemnly and sincerely declare : — 1. That I know and am well acquainted with A. B., of, &r— female. PRACTICAL FORMS. 243 inquiries, it appeared the said marriage must have taken place some time between the years 17 — and 17 — ; and that, from the best information I could collect, the said parties were in all probability married at one or other of the following places, namely, {naming them), all situate and being within the said county of K. 3. That in pursuance of such information, and between the said — and — days of last past, I applied for and obtained access to the different registers of marriages kept in and for the several parishes or places aforesaid, and I diligently and carefully searched and examined the same respectively between the said years of 17 — and 17 — , for the marriage of the said W. F., and C, his wife, but was unable at either of such places to trace or discover any record or entry thereof whatever. 4. And I make this solemn declaration, &c. (as in Form No. 26). {Signature.) Subscribed, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 39. Of Identity and Age. In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Grocer, do solemnly and sincerely declare : — 1. That I am years of age, and have always resided in the said parish (m) [of D.] and was well (n) acquainted with A. B., late of the same place, Draper (o), deceased ; and that I know he survived his brother (f) W. R, late of, &c, Maltster, and died on or about the day of , one thousand nine hundred and , leaving sons, namely, G. B., the eldest, of, &c, Druggist (r, on the day of instant — or, last. (x) Or, — That I knew and was well acquainted with J. W. and H. his wife, having been on terms of intimacy with the families of the said J. W., as well of the said H. W., his wife, many years before their marriage, &c. (y) Or, as the case may be. (z) Or, — was stillborn — -or, if twins, that of the two children, in the giving of birth to which the said H. W. died as aforesaid; one was stillborn, and the other lived only a few hours — or, days only (as the case may be). 24G PRACTICAL FOB MS. 5. And I make tins solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . No. 44. Of Searches for Evidence in Support of a Pedigree. In the, &c. (as in Form No. 26). I, (the declarant), of, &c, Solicitor, do solemnly and sincerely declare : — 1. That I am years of age and upwards, and to the best of my recollection and belief, have resided at M. aforesaid from my birth to the present time. 2. That I knew and was well acquainted with J. S., the elder, formerly of, &c, Draper, and E. his wife, they having lived next door to me at a place called " Dean's," in the parish of M. aforesaid, for upwards of years, and we were consequently on terms of great intimacy [and friendship]. 3. That the said J. S. and E. S., having always lived together, were universally considered to have been lawfully married, and never having heard anything to the contrary, I verily believe such to be the fact. 4. That the said E. S. died and was buried at M. aforesaid, in or about the year 1 9 — , when I was about ■ years of age. 5. That I well recollect when I was about ten years old, or there- abouts, the said J. S., and my father P. Gr., of, &c, Grocer, and one W. S., of M. aforesaid, Carpenter (both deceased), purchased a Bible each, and I heard them say they were intended to be used and kept us family Bibles. 6. That I shortly afterwards saw in the Bible so purchased by the said J. S. an entry, among others, containing a statement of the birth of E. S. and of her marriage with the said J. S. 7. That I have lately made and caused to be made various inquiries of different branches of the family to endeavour to trace out and obtain access to such Bible, but have hitherto been unsuc- cessful. 8. That I, on the day of , 19—, examined a headstone erected in the churchyard of M. aforesaid, belonging to the family of the said J. S. the elder, and from the inquiries made by me as aforesaid, and from other circumstances within my knowledge, I believe such headstone was erected and paid for by W. S. formerly of M., but afterwards of N. aforesaid, Yeoman, deceased, one of the sons of the said J. S. the elder. 9. That the following are true and faithful extracts or copies of some of the inscriptions on the said headstone, namely, [here copy them literally]; and I verily believe such inscriptions relate to PRACTICAL FORMS. 247 and describe the said J. S. the elder and E. his wife, and their children. 10. That the said J. S. the elder, about years after the death of his said wife E. S., left M. aforesaid to go and reside with his said sou W. aforesaid, and I well recollect that this was in the year 19 — , from the circumstance (here state it). 11. That the said J. S. the elder died at N. and was buried at M. aforesaid, in the month of , 19 — , as described on the said head- stone, and I assisted as one of the bearers at his funeral, with W. J. of M. aforesaid, Miller, and others. 12. That the said J. 8. the elder had sons and daughters, namely, [here name them], and that S., one of such daughters, married J. B., of, &c. Artisan, and E., another of such daughters, married G-. D., of, &c., Tailor. 13. That the said J. S. the younger was his eldest son, and married a person named J. B., from the neighbourhood of W. in the said county of H. 14. That the said W. S. (who formerly resided at M. and after- wards at N. aforesaid, where he died and was buried) married A. J., a widow, by whom he had one son named E., who died an infant of tender age, and one daughter E., who married W. N., then late of, &c, Cooper, deceased, and which said E. N. died about live years ago without issue. 15. That the said W. S. never married any other person besides the said A. J. (who survived him several years) ; and that I never heard, nor do 1 believe, that they ever had any other children than the said E. and E. before mentioned. 16. That I well remember the said W. S. purchasing the house and lands at N., late in the occupation of the said E. L)., deceased, of one J. G., of, &c, Esquire. 17. That the said J. S. the younger died in the lifetime of his brother the said W. S., the purchaser of said farm and lands at N., leaving three sons, named It., S., and T. 18. That the said R. S. was the eldest son of the said J. S. the younger, and died in or about the year 19 — , leaving daughters, namely, [state, them], and that the said D. S. married, S. R., of &c, Butcher, and to the best of my remembrance and belief, died and was buried at M. aforesaid about years ago. 19. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) Filed on behalf of . 248 PRACTICAL FORMS. No. 45. Another Form. In the, iVc. (as in Form No. '26). I, (the declarant), of, &c, Maltster, do solemnly and sincerely declare : — 1. That I am aged about years, and, to the best of my recollection and belief, have never resided out of the parish of M. aforesaid. 2. That my father, J. S. the younger, died in 19—, when I was about years old, leaving sons, namely, S. (who was my eldest brother), S., and myself. 3. That my said brother S. married A. M., of, &c, spinster, by whom he had daughters (but no son), namely, [here state the names]. 4. That I attended the christening of the said A. and S. at the parish church of G., in the said county of W., in the year 19 — , and stood sponsor to each of them. 5. That A. died when she was about years old, and S. when she was about , or ■ weeks old, and both of them were buried in the burial-ground belonging to the Wesley an chapel at 0., in the county of D. aforesaid, as I have always understood, and never having heard the contrary now verily believe. 6. That my said brother died in the month of March, 19 — , and was buried at M., aforesaid ; but his said wife survived him many years. 7. That my said niece D. was married to one S. P., of the city of B., Draper, and died about years ago, and was buried at M. aforesaid, without leaving any issue her surviving, her children having all died in infancy. 8. That my said niece C. was married to one J. A., who died about years ago, and subsequently to H. F., late of B., in the county of , Baker. 9. That my said niece J. (commonly called " "), was married to, and is now the wife of, J. J., of, &c, Yeoman. 10. That at the time of the death of my said father, my uncle W. S. was his eldest brother. 11. That my said uncle W. purchased of one J. G., of, &c, Esquire, the farm and lands, &c, [here describe the property in question], situate, &c, now in the occupation of A. B., and continued in possession thereof down to the year 19 — , when he died intestate, and was buried at X. aforesaid, leaving only one son, who died an infant of tender years, and only one daughter E., who married W. N., of, &c, Cooper, and died about years ago, and was buried at X. aforesaid. 12. That her said husband, the said W. N., died on or about the day of now last past, and was also buried at X T . aforesaid. PRACTICAL FORMS. 1>49 13. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &e. (as in Form Ho. 26). (Signature.) Filed on behalf of . MARRIAGES. (In support of the foregoing declarations.') at Date. Names. Description. 1 Oct. 7th, 1769 Joseph Styles and Jane Stone Son of Joseph and Edith Styles. 1 Nov. 8th, 1789 William Styles and Amelia Jones Son of do. 8 June 16th, 1790 Stephen Styles and Mary Green Son of Joseph and Jane Styles. 9 Aug. 6th, 1810 William Noakesand Daughter of William and Amelia Elizabeth Styles Styles. 10 May 12th, 1811 Samuel Pike and Daughter of Stephen and Mary Dorothy Styles Styles. 11 Dec. 2nd, 1818 John Adams and Caroline Styles Daughter of do. 12 Nov. 6th, 1821 Edwin Philips and Susan Styles Daughter of do. 13 April 7th, 1S27 James James and Adela Styles Daughter of do. 14 Oct. 3rd, 1836 Henry Foot and Caroline Adams, widows Daughter of do. BAPTISMS. «"# Ah Date. Christian Name. Description. 1 March 9th, 1749 Joseph Son of Joseph Styles and Edith Styles. 1 June 14th, 1750 Joseph Do. 1 Nov. 18th, 1752 William Do. 1 May 5th, 1771 Stephen Son of Joseph and Jane Styles. 1 Feb. 5th, 1791 Betsy, otherwise Daughter of William and Amelia Elizabeth Styles. 2 April 16th, 1793 Caroline Daughter of Stephen and Mary Styles. 3 Aug. ISth, 1795 Dorothy Do. 4 June 16th, 1797 Adela Do. 4 July 16th, 1799 Susan Do. 5 Jan. 18th, 1813 Louisa Daughter of Samuel and Dorothy Pike 6 Sept. 11th, 1815 Richard Son of do. 7 Aug. 5th, 1816 Fanny Daughter of do. 250 PRACTICAL FORMS. BURIALS. /% 5 Eh Date. Names. Description. 1 June 8th, 179G Charles Son of William and Amelia Styles. 1 Jan. 2nd. 1800 Edith Wife of Joseph Styles, the elder. 1 April 19th, 1801 Joseph Smi of suid Joseph and. Edith. 1 Sept. 3rd, 1803 Joseph Stvlcs The elder. 15 Nov. 11th, 1814 William Styles His son. 16 Nov. 10th, 1825 Louisa Daughter of Samuel and Dorothv Pike. 17 Aug. 29th, 1S3G Richard Son of do. 1 Feb. 6th, 1840 Dorothy Wife of Samuel Pike. 18 May 1st, 1840 Fanny Daughter of said Samuel and Dorothy Pike. 19 Oct. 13, 1843 Amelia Wife of William Styles. 20 Dec. 11th, 1844 John Adams First husband of Caroline Styles. 1 March 3rd, 1855 Stephen Son of Joseph and Jane Styles. 21 Feb. 12th, 1857 Samuel Pike Husband of Dorothy Styles. 19 May 15th, 1S61 Elizabeth Wife of William Noakes. 22 Juno 14th, 187G William Noakes Her husband. No. 46. As to Ownership and Title Deeds. (On the execution of a mortgage.) I, (the declarant), of, &c, Grocer, do solemnly and sincerely de- clare : — 1. That I am about to execute a mortgage, already prepared and ingrossed, and intended to bear date on the day of my making this declaration, and made, Szc, whereby a certain dwelling-house, &c. (here describe the -property shortly, but so that it might be easily identified with that in the mortgage (a) ), which premises are intended to be mort- gaged by me to the said (mortgagee) for securing the sum of pounds and interest [at the rate of per centum per annum]. 2. That the said premises are now vested solely, absolutely, and beneficially in me in fee-simple (b), free from all charges and in- cumbrances, rights, proceedings, and claims whatsoever (c). •'). That the title deeds and documents now in my possession and intended to be delivered to the said (mortgagee) on the execution of the said mortgage are all the title deeds, documents, and evidences 00 Or, — land and hereditaments comprised in the schedule contained in— or, annexed to the said mortgage. (b) Or,— for my life— or, the life of A. B. (c) If subject to any charge or incumbrance, here add — except an annuity of pounds payable to A. B. — or, except a sum of pounds thereon, and payable to A. B. on the death of C. D PRACTICAL FORMS. 251 I now have or ever had [or ever heard of] relating to the title to the said premises, and are, as I verily believe, all that are now existing relating to the said premises, save only original wills tiled and deeds and documents of which copies are to be delivered to the said mortgagee with the said title deeds. 4. And I make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &g. (as in Form No. 26). (Signature.) No. 47. Of the Signing of a Notice of Dissolution of Partnersltip. I, (the declarant), of, &c, Gentleman, do solemnly and sincerely declare : — 1. That I was present on the day of , instant, and did see (the partners), of, &c. (d) (describing them as in the notice), severally sign the paper-writing hereunto annexed, purporting to be a notice of the dissolution of the co-partnership lately subsisting between them as [grocers] at W., aforesaid. 2. That the names "(the names exactly as signed)" severally subscribed thereto are of the respective proper handwriting of the said (partners, repeating their names — not their additions — in full) respectively; And that the name " " (of the witness, as signed) subscribed thereto as the witness attesting the due signing thereof is of my own proper handwriting. 3. And 1 make this solemn declaration, &c. (as in Form No. 26). (Signature.) Subscribed and solemnly declared, &c. (as in Form No. 26). (Signature.) No. 48. Of Execution of a Deed for changing a Surname (e). I, (the declarant), of, &c, Gentleman, do solemnly and sincerely declare : — 1. That I was present, with G. S., of, &c, Grocer, on the day of , instant, and did see A.B.M., lately called or known by the name of A. B., and residing at, &c, Maltster, sign, seal, and as his act and deed, in due form of law deliver the deed or instrument (/) (d) If they sign on separate days, say — did see (one partner) of, &c, Grocer, sign, &c. (contiwiiing to the end of this paragraph, andthen proceedwith afresh one) — That I was also present on the ■ day of , instant, and did see the i tin r partner) of, &c., Grocer, likewise sign the said paper writing hereunto annexed; and that the names (as signed), severally subscribed thereto, are, &c. (as above). (e) Stamp, 2s. 6d. (/) If engrossed on paper, here add, or, — paper-writing. For a deed see next form. 2 5 2 PRACTICAL FORMS. hereunto annexed and marked with the letter " M," and bearing date the | said] day of , instant. 2. That the Dame " A B M " (g), set and subscribed to the said deed or instrument as the name of the person executing the same, is of the proper handwriting of the said A. B. ; and that the names " " and " " (h), set or subscribed thereto as the persons attesting the due execution thereof, are of the respective proper handwriting of the said G. S. (i) and of me the said (). (Signature.) Subscribed and solemnly declaeed, &c. (as in Form No. 26). (Signature.) PAKT XXIV.— DEED POLL. No. 1. For Changing a Surname (IS). Know all men by these presents, which are intended to be inrolled in the Inrolment department of the Central Office of the Supreme Court of Judicature, That I, the undersigned, A. B. (?), of, &c, Grocer, and now or lately called A E (m), for and on behalf of myself, and my heirs lawfully begotten, Do hereby (n) •wholly, absolutely, and utterly renounce, relinquish, and abandon the use of my said surname of E., and Do assume and adopt and deter- mine to take and use, from the day of the date hereof, the surname of B (o) in lieu of, or substitution of my said surname of B . ((/) Here insert the name exactly as signed. (/*) Here insert the names exactly as signed, whether long or short. (i) Here insert the name in full. (k) This deed must be stamped with a deed stamp, — be acknowledged before a Master or Commissioner, — and be inrolled in the Central Office of the Supreme Court. For which purposes there must be a declaration of its due execution, referring to the deed as an exhibit. See previous form. This exhibit must be written in the margin of it. In order to give if" greater effect by making it and the change notorious, notice (see post, title "Notices") of it should be given in the Gazette, in the Times newspaper, and in the local papers where the party changing his name is generally known ; but the Gazette and Times are not indispensably necessary. (I) Here insert the assumed name correctly. (m) Here insert the exact name and description by which he was previously known. If the residence has been lately changed, here add — but late of, &c. — or, lately residing at D. in the county — or, city — of W. ; and, if so, being — or, lately being — one of the partners in tbe firm of A. B. and son, carrying on the business of Merchants at D. aforesaid {or, as the case may be, for the purpose of identity). O) If it is intended to add and substitute another name, omit the subsequent words down to the word " assume," and then proceed as above. (o) If the name be added, here substitute — in addition to — instead of "in lieu of, and substitution for." PRACTICAL FORMS. 253 And, for the purpose of evidencing such my determination, I do hereby declare that I shall, at all times hereafter, in all records, deeds, documents, and other writings, and in all actions, suits, and proceedings [both civil and criminal], as well as in all dealings and transactions, matters and things whatsoever, upon all occasions use and subscribe the said name of B as my principal surname (_p) in lieu of, and in substitution for the said surname of E , so relinquished as aforesaid ; and so that I, and my heirs lawfully be- gotten, may not, hereafter, be called, known, or distinguished by the said surname of R (q), but by the surname of B only. And I therefore hereby expressly authorize and require all and every person and persons whomsoever, at all times, to designate, describe, and address me, and my heirs lawfully begotten, by such adopted surname of B ■, and of B only (/'), accordingly. In witness whereof I have hereto subscribed my Christian name of A. and my adopted and substituted surname of B (s), this day of , 19 — . Signed, sealed, and delivered by the") (Signature as above-named A. B. (being his adopted name) (t) > adopted, and in the presence of ) seal.) Two Witnesses. PABT XXV.— DEMANDS. No. 1. On Plaintiff's Solicitor to state whether Writ was issued by him or with his Authority (ii). 19_ _ No. . In the High Court of Justice. [King's Bench] Division. Between, &c. Sir, A writ of summons dated the day of , 19 — , has been issued against the above-named defendant in this action, on which writ is endorsed a statement, that the same was issued by you, a3 (/>) Tf the name be added, not substituted, here insert — in addition to my said name of R. — instead of "in lieu of and substitution for." (q) Or, if additional — by the said surname of "Roe-Buck" — or, of R and B , and so as that the name of "Buck" may be deemed to be my last and prin- cipal surname. (r) Or, if so, — surnames of "Roe-Buck" — or, of "R and B ■" only. (s) Or, if so, — my original name " Roe " and my adopted additional surname "Buck" as "Roe-Buck" — or, "R and B ." (t) Or, if a name be added — A. Roe-Buck (being his original and adopted sur- names). (u) See Rules of Supreme Court, 1883, Ord. 7, r. 1 ; and for the declaration in answer to this demand, see Part XXI., Form Xo. 1. L>54 PRACTICAL FORMS. the above-named plaintiff's solicitor. On behalf of the defendant I demand of you to declare to me forthwith, whether such writ has benn issued by you, or with your authority or privity. Dated the day of , 19 — . Yours, iVc. (Signature.) (x) To Mr. (y). Defendant's Solicitor. No. 2. For Statement of Names and Residences of Persons Constituting the Plaintiff Firm (z). 10—, — , No. . In the High Court of Justice. King's Bench Division (a). Between & Co., Plaintiffs, and , Defendant (b). Sir, On behalf of the above-named defendant (c), I require you forthwith to declare to me in writing the names and places of resi- dence of all the persons constituting the tirm of & Co., the above-named plaintiffs. Dated the day of , 19 — . Yours, &c. (Signature.) To Mr. , Defendant's Solicitor (d). Plaintiff's Solicitor (e). No. 3. To Debtor for Payment. (Place.) (Date.) Sir, I am instructed by Mr. A. B., of D., Grocer, to apply to you for (x) Signature of defendant's solicitor. But if the demand is made by the defendant himself, the wording must be altered accordingly. (/j) The solicitor whose name is indorsed on the writ. (z) See Rules of Supreme Court, June, 1891, O. 48a, r. 2, and for declaration in answer, Part XXI., Form No. 2. (") Or, as the case may be. (b) Or, — defendants. (c) Omit this first sentence if the demand is made by the defendant himself, and if the demand is made by one of several defendants, say — I (name), one of the above-named defendants, require you, &c. — or, if the demand is made by the solicitor of one of several defendants, say— on behalf of the above-named defendant ( name I, I require you, &c. d) Or, the defendant may himself sign the demand. (c) Or, it may be addressed to the plaintiff firm, making the necessary alterations in the wording. PRACTICAL FORMS. 255 the immediate payment of £ due from you to Iiim ; and to inform you that, unless the same he paid to me on or before the instant, proceedings will b3 commenced against you for the recovery thereof, without further notice. Yours truly, (Signature.) To Mr. (the debtor). (Address.) No. 4. Same — Peremptory. (Place.) (Date.) Sir, Having received no reply to my letter of the instant (/), requiring payment of £ due to Mr. — — , I have now to inform you that, unless the amount be remitted to this office (g), by return of post, proceedings will positively be taken for the recovery of it, without further application (h). I am, sir, Your obedient servant, To Mr. (the debtor). (Signature.) (Address.) No. 5. Same — Final. (Place.) (Date.) Sir, The applications I have made for payment of £ , appearing by the books and statements of Mr. (the creditor) to be due from you to him, having failed to produce a settlement, I have now to inform you that, if this sum be not paid to me on or before the of instant, I am instructed to take steps for the recovery of the same in the county court (i), but I hope you will avoid the costs of such proceedings by attending to this [final] notice. Yours truly, (Signature.) To Mr. (the debtor). (Address.) (/) Or,— ultimo. ((/) Or, — these Chambers. (h) Or, — further notice. (i) Or uthrr court — or — in cases of bankruptcy — to take proceedings in bank- ruptcy. 25G PRACTICAL FORMS. No. G. On behalf of a Trustee or Executor for Payment of a D<-l>t being part of the Trust Estate. {Place.} {Bate.) Sir, I am instructed by the trustee (h) to collect the outstanding debts due to the estate of Mr. A. B., of this place, Grocer. I have, therefore, to request that you will have the goodness to call at my office (1), on or before the instant, and pay the amount appear- ing to be due from you to him, namely, £ . Yours truly, To Me. C. D. {Signature.) (Address.) No. 7. Offering a Fragmental Estate to Creditors before presenting a Bankruptcy Petition. (Place.) (Bate.) Gentlemen, Mr. A. B., [late] of, &c, Draper, having had the whole of his property suddenly seized and taken from him under accumulated legal proceedings (m), is now left without the means either of sub- sistence (n), or of paying his other creditors; and, in his present position, it is utterly hopeless that he will ever be able to do so. He has, therefore, no other refuge than proceedings in bankruptcy, unless his creditors would consent to accept such a composition as may be realized from the [few] outstanding debts now due to him, which he has, under my advice, consented first to offer them, in order that they may have the benefit of that which must otherwise be expended in his seeking relief from his present distress. The amount of composition to be offered will necessarily depend upon circumstances ; but if he should be as successful as he seems to have a right to expect, a dividend of or shillings or probably more, would be the result (o). Before taking any steps to accomplish such an arrangement, it will be necessary to know if the creditors at large will consent to accept the dividend, whatever it might be; for it would be as useless as it would be improper to attempt to realize a fund by which unwilling creditors might be paid in full, to the detriment of (ft) (j,^ — the executor of the will of Mr. A. B., late of D., Grocer, deceased, to collect the debts due to him. (I) Or, — send to my office the amount appearing to be due, &c. (m) Or, — losses. («) Or, — of continuing his business. (o) Or, — be realized. PRACTICAL FORMS. 257 those who may, under the distressing circumstances in which my client is placed, prefer a small dividend, to the loss of their whole claims. I shall, therefore, be obliged by your favouring me with an early reply, expressly assenting to, or dissenting from the arrange- ment proposed ; so that I may be prepared to proceed either to carry it out, with as little delay and expense as possible, or to present a bankruptcy petition. I am, Gentlemen, Your obedient servant, To Messrs. . (Signature.) (Address.) No. 8. Of an Apology for Slander. Sir, I have been consulted by Mr. A. B. on the subject of the un- founded slanders (p) circulated by you (q) respecting (r) his character ; and I am instructed to acquaint you that, unless you (s) call at my office on next (t), and make a suitable apology, and retract such slanderous (u) statements, in the presence of the persons to whom you (x) made them, and pay my charges, legal proceedings will be commenced against you for redress. I trust you will see the reasonableness of this requirement, and immediately comply with it, in order to prevent further expense and unpleasantness. Yours truly, (Signature.) To Mr. . Solicitor to Mr. A. B. (Address.) No. 9. An Apology. Whereas I (y), the undersigned C. D., of, &c, Grocer, having lately incautiously (z) charged Mr. A. B., of, &c, with having \liere state the charge, adding, if not malicious], which I then believed to be true, but which I have since found to be wholly unfounded ; and having circulated a report to that effect (a) which is likely to be very (jo) Or,- — reports. (q) Or, — by your wife. (r) Or, — against his character. (*) Or,— Mrs. B. (t) Or, — -within days. (it) Or, — reports — or, acknowledge the untruth of your or her. (as) Or, — she. (y) Or, — C. my wife. (2) Or, if so, — maliciously. (a) Or, — having lately circulated a report. S 258 PRACTICAL FORMS. injurious to bis character and reputation, lie has justly threatened a prosecution against me ; but in consideration of my agreeing to make the following apology, and paying the expenses already incurred, and also of my retracting the report, he has kindly consented to forbear such prosecution. Now I do hereby declare my sincere contrition and regret that such charge should have been made (b), and admit that it is wholly untrue [and without the slightest foundation | ; and, grateful for the lenity shown me, I, at the same time, promise to retract the said report to the utmost extent of my power. Dated this day of , 19—. {Signature.) Witness. No. 10. Of Payment by Mortgagee (c). To Mr. A. B., of, &c., Grocer. By virtue and in pursuance of the proviso and covenant contained in a certain indenture of mortgage, bearing date the day of last id), and made between you, the above-named (mortgagor), of the one part, and me (e), the undersigned [mortgagee), of, &c, Draper, of the other part: — I hereby appoint the day of next (/) at o'clock in the forenoon (g) for payment by you to me (h) of the sum of pounds thereby secured (i), together with all interest and other moneys which shall then be due to me (k), upon or by virtue of the said indenture of mortgage. And I (I) hereby demand and require payment of the said principal sum, interest, and other moneys accordingly. And I (I) hereby give you notice, that in default of payment thereof accordingly, I shall proceed to a sale of the lands, buildings, and hereditaments (m), so secured to me (n) by the said indenture of mortgage pursuant to and in exercise of the power or authority for that purpose therein contained. Dated this day of , 19 — . (Signature.) (b) Or, — such report should have been circulated. (c) For other forms, see under "■Notices." (d) Or -Id-. (e) If given by solicitor or agent, here say — and (the mortgagee) of, &c, Grocer, of the other part : I, the undersigned (.solicitor), as the solicitor and agent for and on behalf of the said (mortgagee), hereby appoint, &c. (as above). (f) Or, — instant. (g) If a specific place of payment is named in the deed, it should be inserted here. (h) Or, — to the said (mortgagee). (i) Or, if the day for payment is past;, the wording may be : I hereby give you notice forthwith to pay off the principal sum of £ thereby secured, &c. (k) Or,— to him. (I) If so, — as such solicitor and agent as aforesaid. (m) Or, if the security be of pergonal, chattels, after the word "accordingly," substitute — the said crops, chattels, and effects secured to the said (mortgagee) by the said indenture of mortgage, will be sold, pursuant, &c. (as above). (n) Or, — to the said 'mortgagee). PRACTICAL FORMS. 259 No. 11. Of return of Articles delivered by Bailor. To Mr. (the bailee), of, &c, Tailor. I, the undersigned (bailor), of, &<\, Draper, hereby demand of, and require you to deliver up to me (o), upon the service hereof, the several pieces of cloth (or other) articles and things specified in the schedule hereunder written (p) belonging to, and delivered by me to you on or about the day of last (q), for the purpose of being manufactured into garments of clothing (or as the ease may be). And I hereby give you notice that, in default of your so deliver- ing up the same, you will be deemed to have fraudulently and unlaw- fully converted the same to your own use, contrary to the statute in that case made and provided, and will be dealt with accordingly. Dated this ■ day of , 19—. (Signature of the bailor.) The schedule above referred to (r). No. 12. Another Form. To Mr. (the bailee), of, &c, Watchmaker. I, the undersigned (bailor), of, &c, Grocer, hereby demand of you my gold watch (s) delivered to you some weeks since (t) for the sole purpose of being cleaned (u). And I give you notice that, unless you deliver it to the bearer upon the service hereof, I shall treat your detention of it as a fraudulent and unlawful appropriation of your bailment, and proceed accordingly. Dated this day of , 19—. (Signature of the bailor.) (o) Or, — to Mr. A. B., of, &c, solicitor, as my solicitor and agent— or, to such person or persons as he shall appoint. ( p) If the articles deposited be unknown, here say— all such [stock in trade], goods, chattels, and effects, belonging to me as have been taken by — or, delivered by me, or by any person or persons on my behalf, or on my account, to you for any purpose and under any pretext or pretence whatsoever. (q) Or, if the date be unknown, substitute— in the — , or, about— the month of last. (/•) Here insert a description of the articles detained. (s) Or, other article, as the case may be. (0 Or, if the day be known, — on the day of last. (u) Or, other purpose, as the case may be. 2G0 PRACTICAL FORMS. No. 13. / 'uder a Covenant in a Farm Lease. To (the tenant) (x). Pursuant to a covenant contained in a certain indenture of lease, bearing date, &c, and made between, &c, of a certain farm and lands, situate, &c, I, the undersigned (lessor), hereby require you (y), within days from the date hereof, to deliver to me (z) an account in writing, signed by you (a), of the names of the closes, — and if parts of closes, then of the names, quantities, and situations of those parts of the closes, — of the meadow and pasture lands on the said farm, which you (b) dressed, folded, or manured, between the day of ■ , 19 — , and the day of , 19 — , when the term granted by the said lease expired ; subject to your right of hold- ing over parts of the said farm till different periods after the expira- tion of the said term, the last of which expired on the day of , 19 — . And I give you further notice, and require you (c) also to deliver, at the same time and place, an account in writing, signed by you (d), of the number of loads or quantities of hay and straw which grew on the said farm, and which were sold by you (e), or removed from, and not spent and used on the said farm between the said day of , 19 — , and the said day of , 19 — , and likewise the dates and times when, and the names and residences of the respective persons to and by whom the same were so respec- tively sold, delivered, and removed ; And also to state in such account the number of waggon-loads of soap-ashes or other good manure, brought by you on the said farm between the said (/) day of , 19-—, and the day of , 19 — , specifying the kind and description thereof respectively, and of whom, and the times when, the same were respectively purchased. Dated this day of , 19 — . (The lessor.) (x) If more than one, after their names, add — and to each of you jointly and severally. (//) Or, — one of you. (z) Or, if consistent with the stipulations in the lease, — to Mr. A. B., my solicitor — or, steward — or, agent — at his office in W. aforesaid. The place is material, if mentioned in the lease. This form can be readily adapted to other leases of a similar kind, such as royalties and the supply of articles under covenants or other contracts requiring the quantities sold to be accounted for as well as the different qualities or prices and the parties supplied. (a) Or, — by each of you. (b) Or, — either of you. (c) Or,— each or one of you. (d) Or, — by each of you. Sec a form of this account in the Author's "Practical Forms of Agreements. " (e) Or, — you, or either of you. (/) Or, — last mentioned. PRACTICAL FORMS. 26 L No. 14. By a Husband of his Children harboured by his Wife, whilst living apart from him. To (the wife), wife of me, the undersigned (the husband). I, the undersigned (husband), of, &c., Grocer, hereby demand of, and require you to return and give up to me the entire custody of my ■ children (naming them), whom you now harbour and retain from me (g) ; And I hereby offer to maintain and clothe (h) them, at my own expense, on your returning (/) them to me at my dwelling- house at D. aforesaid ; And I give you notice that in default of your (h) delivering up the said children to me forthwith (I), I shall no longer hold myself responsible for their (m) maintenance or clothing, or for any debts or liabilities you may incur or contract, either for yourself or them. Dated this day of , 19 — . (The husband.) No. 15. Of Possession of a House. To Me. . I, the undersigned (owner), of, &c, Maltster (n), hereby demand of, and require you to deliver up to me (o), on the service hereof, the peaceable possession of the dwelling-house, garden, and heredita- ments with the appurtenances, situate and being at , in the county of , and novv in your possession and occupation (p). Dated this day of' , 19 — . (Signature.) No. 16. Of Possession of Land (q). To Mr. (the trespasser), of, &c, Grocer. I, the undersigned (the claimant), of, &c, Grocer, hereby demand (a) Or, in the case of a gaoler, say — so received into your custody and kept and detained him the said (prisoner) as aforesaid. (ri) The description here given of the property should be as concise but indicative as possible. (o) This form presupposes a case where one of several mortgagees commits the wrong ; but if all are concerned their names should be inserted here. (p) Or, — to us. PRACTICAL FOE MS. 265 behalf of the said (the other mortgagee) (q) and of the said (husband and wife) and their children, hereby demand of and require you forth- with to deliver up to me as such solicitor [as aforesaid] All and every the deeds and muniments of title whatsoever relating to the said premises and now in your custody, possession or power as such bankers as aforesaid : And whereas it has also come to the know- ledge of the said (husband and wife) that you the said ■ Joint Stock Bank are in possession of the said property and are receiving the rents and profits thereof: Now I, as such solicitor and on such behalf as aforesaid, hereby demand of and require you to deliver to me immediate and peaceable possession of the said messuage, lands, and hereditaments: And I beg to give you notice that, in case you shall not comply with the foregoing demands, or, in case you shall not also pay and discharge the said sum of pounds and interest and all mortgagees' costs properly incurred under or by virtue of the said indenture of mortgage within days from the service hereof, the said (acting mortgagee) and the said (husband and wife) and their children or some or one of them will take such proceedings for enforcing the delivering up of the said deeds, muniments, and posses- sion, and for foreclosing or realizing the said security comprised in, or effected by the said indenture [of mortgage] and for securing, for the benefit of the persons beneficially entitled under the said settle- ment, the said sum of pounds, and interest, as they may be advised ; and they will seek to charge you with all costs incurred by them in consequence of any resistance on your part to their just demands. Dated this day of , 19 — . Yours, &c. (Signature.) (r) PART XXVI.— DISTRESS (s). No. 1. Warrant to Distrain for Bent. I hereby authorize [and require] you to seize and distrain all or any of the [stock, crops], goods, chattels, and effects, in the [farm or] dwelling-house and buildings, and upon the [lands and] premises (q) If the other trustee will concur, which would be desirable, his name should be inserted here. (r) If the address is not given in the body of the notice, it should be stated, after the signature, here. (s) The following are some of the points to be observed : — (1) By whom made, and when it cannot be made. — No distress can be made by a landlord for arrears of rent but within six years of its being due or acknowledged in writing, and by the Agricultural Holdings Act, 1883, s. 44, the period for such holdings is reduced to one year. Rent cannot be distrained for by a mortgagee upon a lease granted before the mortgage, — nor by an infant or assignees, — nor by executors or administrators after the expiration of six months next after the death of the testator or intestate, nor within that time, except for arrears of rent due in the lifetime of the deceased ; — nor can a distress in general be made 2G6 PRACTICAL FORMS. which {the tenant) now rents [or holds] of me, situate [and being No. street] at W., in the county of D., for the sum of pounds, being arrears ot rent due to me for the said premises at ■ last (t), and to proceed in such distress according to law : and for so doing this shall be to you a sufficient warrant and authority (u). for an undefined rent, — nor after tender, — nor after sunset or before sunrise, — nor on the day the rent becomes due. (2) Things not distramable. — The chief things not distrainable at all for rent, are — fixtures — goods in legal custody, — money (unless in ;i bag), — trees, shrubs, and plants in nursery gardens, — goods casually on the premises in the way of trade, as goods sent to a tradesman to be worked up, — goods at a carrier's to be conveyed, — goods or cattle of a tem- porary guest at a common inn ; or goods entrusted to a factor, auctioneer, or agent for sale — or (by Lodger's Goods Protection Act, 1871) things belonging to lodgers, and under the Agricultural Holdings Act, 188.3, s. 45, machinery and live stuck, the bond fide property of any person other than the tenant for the purposes of his business. Things not distrainable, whilst there is .sufficient other distress, are, — tools and utensils in trade in actual use, sheep and beasts of the plough, machinery, &c, delivered with articles to an artisan for manu- facture, and, under the Agricultural Holdings Act, 1883, s. 45, live stock belonging to another person taken in by the tenant to be fed at a price. (3) Where made. — A distress must be made on the premises ; but in case of fraudulent and clandestine removal, the goods may be followed for thirty days, and seized wherever found. (4) For what made. — A distress must be for the entire rent. A .second distress cannot be made, if sufficient might have been taken under the first, except the value be reasonably mistaken, or part die. (5) How secured. — Goods or cattle seized may be secured on the premises or removed, and kept in a pound open or covered : but must not be tied up, worked, or used, except milch cows, which may be milked if the owner neglects to do so. (G) When and how to be sold. — Goods, &c, seized, not replevied within Jive days, must be sold by hand or by auction on the sixth day (inclusive of the day of distress), being first appraised by two appraisers, sworn by a constable of the parish in which the distress is made. But corn cannot be sold before it is cut. (7) The costs. — The costs of distress are prescribed by Appendix II. to the rules issued under the Law of Distress Amendment Act, 1888, repealing the Agricultural Holdings (England) Act, 1883, ss. 49, 50, 51, and 52 : — Scale 1— over £20. 48. 6d. (If any) 10s. Per £ 1,1s. Levying distress, 3 per cent., £20 to £30. 2' per cent,, £50 to £200. ,, ,, 1 per cent, on any additional sum. Man in possession per day, 5s. (to provide his own board). Advertising, sum actually and necessarily paid. Auctioneer's commission, 11 per cent, on sums up to £100. „ 5 per cent, on next £200. „ „ 4 per cent, on next £200. „ „ o per cent, from £500 to £1000. ,, „ 2! per cent, on sums exceeding £1000. (Fraction of £1 to be reckoned as £1.) j Appraisement on tenant's request in writing, 6r Polling District, If any, having a distinct numbering. We, the undersigned (e), being respectively burgesses, hereby assent to the nomination of the above-named person as a candidate at the said election. Dated this day of , 19 — . Signature. E. F. , G. H. I. J. K. L. M. X. o. r. Q. R. B. T. Number on Burgess Roll, with the Ward or Polling District, if any, having a distinct numbering. No. 4. Affidavit by Candidate for Election for Relief (/). In the High Court of Justice. King's Bench Division. The Corrupt and Illegal Practices Prevention Act, 1883. Election for ■ . I, {deponent), of , in the county of , being a candidate for the representation of aforesaid (g), make oath and say as follows : — 1. (h) 2. The matters set forth in the first paragraph hereof arose from inadvertence on my own part (/), and did not arise from any want of good faith on my part (k), but under the following circumstances, that is to say : — (I) 3. Pursuant to the direction of Mr. Justice , given by order (e) Eight other burgesses must subscribe as assenting to the nomination. See Municipal Corporations Act, 1882, third schedule, part ii. No. 2. (/) See ss. 22 and 23 of Corrupt and Illegal Practices Prevention Act, 1883, and Rogers, Elections, 17th ed. vol. ii. p. 234. (0) Or, — being the election agent of , a candidate for the representation of, &c. (/(.) Here state offence for which excuse desired. (i) Or, — on the part of my election agent — or, from accidental miscalculation — or, as the case may be. (&) Or, — on the part of my election agent. (1) Set out how the mistake arose. PRACTICAL FORMS. 275 dated , notice of my application to the High Court for an order allowing the matters set forth in the first paragraph hereof to be an exception from the provisions of the Corrupt and Illegal Practices Prevention Act, 1883, has been duly given to the persons and in the manner appointed by the said order. 4. To the best of my knowledge, information, and belief, I have in this affidavit set forth every particular relating to the matters herein referred to upon which this High Court can require informa- tion in adjudicating upon my application, and the source of my knowledge of the matters aforesaid is (m). Sworn, &c. (as in Part II., Form No. 1). (Signature.) No. 5. Affidavit by Petitioner of withdrawal of Election Petition (n). In the High Court of Justice. King's Bench Division. The Parliamentary Elections Act, 1868 ; And the Corrupt and Illegal Practices Prevention Act, 1883. Election Petition for . Between , petitioner, and , respondent. Affidavit of . I, (deponent), of , in the county of , the above-named petitioner (o), make oath and say as follows : — 1. (p) To the best of my knowledge and belief, no agreement or terms of any kind whatsoever has or have been made and no under- taking has been entered into, in relation to the withdrawal of this petition (q). 2. (r) The grounds on which the said petition is sought to be withdrawn are as follows : — (s) Sworn, &c. (as in Part II., Eorm No. 1). (Signature.) (m) State the sources. (n) See s. 41 of Corrupt and Illegal Practices (Prevention) Act, 1883 ; and for the forms of notice to withdraw a municipal election petition, see Nos. 58, 59, and GO of General Rules (Municipal Corporations Act, 1882), April 17, 1883. And see Rogers on Elections, vol. ii. p. 193. (o) Or, — respondeat — or, solicitor of — or, election agent of. (p) If any agreement has beeu made, prefix the words — Subjeot to the matters hereinafter appearing. (q) If any lawful agreement has been entered into, here set out the terms of such agreement. (r) This second paragraph is to be inserted in the affidavit of the applicant and his solicitor. («) Here set them out. PRACTICAL FORMS: No. 6 (t). Recognizances by Surety as Security for Costs of Election Petition (u). Be it remembered that on the day of , in the year of our Lord 19—, before me, (v), came A. B. {surety), of (w), and acknowledged himself (x) to owe to our Sovereign Lord the King the sum of one thousand pounds (y), to be levied on his (z) goods and chattels, lands and tenements, to the use of our said Sovereign Lord the King, his heirs and successors. The condition of this recognizance is that if- (a) shall well and truly pay all costs, charges, and expenses, in respect of the election petition signed by him (b) relating to the (c) which shall become payable by the said petitioner (d) under the Parlia- mentary Elections Act, 1868 (e), to any person or persons, then this recognizance to be void, otherwise to stand in full force. (Signature of surety.) (f) Taken and acknowledged by the above-named (surety) (g) on the day of , 19 — , at . Before me, (Signature.) A Justice of the Peace (h). (t) See Rogers on Elections, 17th ed. vol. ii. pp. 187, 188. (n) See General Rules (Parliamentary), M. T., 1868, No. 19, and General Rules (April 17, 1883) for the effectual execution of part iv. of the Municipal Corporations Act, 1882, No. 25. See Rogers on Elections, 17th ed. vol. iii. pp. 432-433. (v) Name and description of person before whom taken. (iv) Name and usual place of abode of the surety, with such sufficient descrip- tion as shall enable him to be found or ascertained. (x) Or (if more than one)— severally acknowledged themselves. (y) E.g., the sum of five hundred pounds (see General Rules, Municipal Corporations Act, No. 26) — or, one thousand pounds— or, the following sums, that is to say, the said (first surety) the sum of £ , the said (second surety) the sum f £ , the said {third surety) the sum of £ , and the said (fourth surety) the sum of £ . (z) Or, — their respective. (a) Insert names of all the petitioners, and if more than one, add— or any of them. (b) Or,— them. (c) Insert name of the borough or county. ((0 Or, — petitioners, or any of them. / e ) q,-^ — under the Municipal Corporations Act, 1882. (f) Or, signatures of all the sureties, if more than one. (g) There may be one recognizance acknowledged by all the sureties, or separate recognizances by one or more, as may be convenient : Gen. Rules, M. T., 1868, No. 18, and Gen. Rules, Municipal Corporations Act, No. 24. (ft,) The recognizance may be acknowledged before a Judge at Chambers or the Master in town, or a justice of the peace in the country. The form of affidavit by surety of sufficiency would run :— In the High Court of Justice, King's Bench Division, The Parliamentary Elections Act, 1868 (or, Municipal Corporations Act, 1882). I , of (as in recognizance), make oath and say that I am seised or PRACTICAL FOB MS. 277 PART XXVIII.— ENDORSEMENTS. No. 1. Of Registry of Proceedings in Bankruptcy ( i). Proceedings. In the High Court of Justice, sitting in Bankruptcy (k). against (The debtor), of, &c, Grocer. Petition dated of , 19 — . Petitioning Creditor (if one), Mr. A. B. 1st Meeting, of , 19 — . Adjourned do., of , 19 — . 2nd (Scheme of arrangement), of , 19 — . Public examination, of , 19 — . [Manager and] Receiver, Mr. C. D. Trustee, Mr. E. F. Accountants, Messrs. D. & B. Resolution, scheme of arrangement filed, of , 19—. for composition, of , 19 — . Trustee released, ■ of , 19 — . Debtor discharged, of , 19 — . Solicitors for Petitioner, Messrs. G. H. and I. K., of W. Counsel for him, Mr. L. M. Solicitor for Trustee, Mr. E. M., of D. Counsel for him, Mr. B. P. Bankers, Messrs. J. & D. No. 2. On a Probate. Probate of the Will [and Codicil] of ■ (the deceased), of . Dated the day of , 19 — . Extracted by Mr. (the solicitor), Solicitor, W . possessed of real (or, personal) estate above what will satisfy my debts of the clear value of £ — — . Sworn, &c. See Gen. Rules (Parliamentary), M. T. 1868, No. 28, and Gen. Rules, Municipal Corporations Act, 1882, No. 33. (i) By this simple plan of endorsing the portfolio or wrapper containing the proceedings, the time and trouble of opening the papers to search for any required information may be avoided. (k) Or, — in the County Court of D., holden at G . 278 PRACTICAL FOIiMS. No. 3. On Letters of Administration (/). [Limited.] Administration (m) of the effects of Mr. {the deceased), deceased, of Dated the day of ■ , 19— Extracted by Messrs. (the solicitors), Solicitors, Cheapside, London. No. 4. Of Service of a Writ of Summons. This writ was served by me, at , on the Defendant [or, one of the Defendants], , on Monday, the day of , 19—. Indorsed the day of , 19 — . (Signature.) (Address.) No. 5. Of a Mule, or Summons. Delivered a true copy of the within rule [or — summons (w)] to [and left it with] the within-named Defendant (the person served) personally at D.. [in the county of] W., this day of , 19 — . (Signature.) Clerk to Messrs. A. B. & Son, Solicitors, Street, York. No. 6. Of Notices." Delivered a duplicate (o) of the within notice (p) to the within-named Mr. (the person served) personally at (as above), this day of , 19 — . (Signature.) (Address as in preceding form.) (1) If a limited administration, insert the word — " Limited " above the word administration. (m) If an administration with the will annexed, after the word "administra- tion," insert — with the will [and codicils] annexed. (/() For the form of affidavit of service of summons, see Rules of Supreme Court, 1883, Appendix E, No. 23, and Part II., Form No. 11, supra. (o) Or, — a true copy. (p) Or, other document, naming it. PRACTICAL FORMS. 279 No. 7. A duplicate (q) of the within notice (r) has this day been delivered personally (s) to, and left with the within-named Mr. (the person to whom it is addressed), of, &c., Draper, by me. (Signature.) Clerk to, &c. (as above). No. 8. A true copy of the within notice was, on the day of 19 — , delivered by me personally to, and left with the within-named Mr. (the party served), of, &c, Draper (t) ; who stated, &c. (u). (Signature.) Clerk, &c. (as above). No. 9. Of a Transfer of an Innkeeper s Licence. I hereby assign all my interest in the within licence to Mr. (the assignee), of, &c, Brewer, this day of , 19 — . No. 10. Of Covenants on Deeds. Memorandum. — This deed has, by indenture bearing date the day of , 19 — , been, by the [within-named] A. B., covenanted to be produced to C. D., of, &c, Grocer, the purchaser of part of the property within described as (state the name, if any), with the appurtenances [and to his heirs and assigns («;)]. ((/) Or, — a true copy. (r) Or, other document. (.s) Or, if left at the dwelling-house, say — delivered to, and left with E. D., the wife — or, son — or, daughter — or, servant — of (the person to whom it is addressed), at his dwelling-house, at W., in the county of D. (f) If left with a person who is not known, say — with a person who stated herself to be the wife or servant, &c. Or, — to C. D., a clerk — or, a person who stated himself to be a clerk of the within named (the person to whom it is addressed)^ at his office (or, other place of business), at W., — or, in Street, York. («) Sometimes it is important to record the observations made on effecting service of documents, for the purpose not only of refreshing the memory, but of giving it in evidence ; and it is often desirable to record it on the document itself, because it then bears its own testimony that it was noted at the time, which is often equally important to prevent doubt and suspicion. (V) Or, — by an indenture, dated, &c, the within-named A. B. has covenanted to produce and give copies of this deed to C. D., of, &c, Draper, the purchaser of the close within called close, with its appurtenances [and to his heirs and assigns] — or, under a statutory acknowledgment by the within-named A. B., this deed is to be pro- duced and copies given to C. D., of, &c, Grocer, the purchaser of, &c. (as above)- 280 PRACTICAL FORMS. PART XXIX.— EXHIBITS (w). Memoranda of Identity. No. 1. On a Document. This is the paper (or parchment) writing marked X. Y. 1 (x) referred to in the affidavit (y) of (the deponent), sworn (z) this day of , 19—. Before me, (The Commissioner), A Commissioner, &c. (as in Part III., Form No. 61). No. 2. On a Deed. This is the indenture (a) marked " ," referred to in the annexed affidavit (y) of (the deponent), sworn (z), this day of , 19-. Before me, (The Commissioner), A Commissioner, &c. (b). (iv) Every certificate on an exhibit referred to in an affidavit signed by the Commissioner or officer before whom the affidavit is sworn, should be marked with the short title of the cause or matter (Rides of Supreme Court, 1883, Ord. 38, r. 24 ; Annual Practice, 1905, vol. i. p. 549), and the reference to the record should be added. Properly speaking a document is exhibited when it is intended to file the affidavit without the document, in which case it should be referred to in the affidavit as " now produced and shown to me, and marked ," and the person before whom the affidavit is sworn should ascertain that the deponent has seen the document and is aware of its contents ; but if the document is referred to in the affidavit as " hereunto annexed," it must be annexed to the affidavit at the time it is sworn, and the affidavit cannot be filed without it. It is, therefore, generally more convenient to refer to a document as an exhibit, and by Rules of Supreme Court, 1883, Ord. 38, r. 23, accounts, extracts from parish registers, particulars of creditor's debts, Arc, should not be referred to as annexed, but as exhibits. (x) Where there are a number of documents and affidavits it avoids confusion to mark the documents belonging to each affidavit with consecutive numbers, and the initials of the deponent. (;/) Or, — affirmation — or, declaration. (z) Or, — affirmed — or, declared. (a) Or, — bill of sale — or, power of attorney. (b) The remainder of the Commissioner's description is seldom used in exhibits, but it seems proper to add it, because it makes the form more complete. PRACTICAL FORMS. 281 No. 3. On a Will. This is the will [and codicil] marked , referred to in the affidavit (c) of (the deponent), sworn (d) this day of , 19 — . Before me, (The Commissioner), A Commissioner. &c. No. 4. On a Rale. This is the rule marked , referred to in the annexed affidavit of (the deponent), sworn this day of , 19 — . Before me, &c. (as above). No. 5. On a Plan. This is the plan marked , referred to in the annexed affidavit of (the deponent), sworn this day of , 19 — . Before me, &c. (as above). No. 6. On Depositions. Memorandum. — The examination contained in this and the an- nexed preceding sheets of paper having been taken in shorthand and transcribed, the deponent A. B. has this day appeared before me, and, having read and signed the said examination, has been duly sworn to the truth thereof, at C, in the county of D., this day of , 19 — , by me, H. M., of C, in the county of D., A Commissioner, &c. No. 7. Another Form. This and the annexed preceding sheets of paper were signed at C, in the county of D., in my presence, by A. B., who, after reading the statements therein contained, declared the same to be true. H. M., of, &c. (as above). (c) Or, — affirmation — or, declaration. (d) Or, — affirmed — or, declared. 282 PRACTICAL FORMS. PART XXX.— GUARANTEE 0). No. 1. For Goods supplied to Third Person (f). To Messrs. A. B. and Company, Grocers, S , Kent. In consideration of your supplying Mr. A. B. with such goods and articles [in your trade] as he may require [within months from this date ((/)], I hereby guarantee the payment to you of any sum not exceeding, at any time, the sum of pounds, which may be due from him to your firm on a floating balance of account for the same [at any time within the said period of months next ensuing, but not longer or otherwise]. Dated this day of , 19 — . (Signature.) No. 2. For the Fidelity of a Clerk (h). To Messrs. A. B. and Son, of, &c, Merchants. In consideration of your having consented to receive my son (the cleric) into your service as a commercial traveller (i), I, the under- signed (the father), of, &c, Grocer, hereby guarantee that he shall serve your firm, for the time being, diligently and faithfully, in all respects, according to your requirements, during such service ; which service is to be determinable, at any time, by either party giving to the other of them months' notice in writing. And particularly that he shall duly account for, deliver, and pay over to your firm, or as they may direct, all moneys and property which shall be paid, entrusted, or committed to his care in the capacity aforesaid, or otherwise. But this guarantee is to cease with the said service; without prejudice, however, to the rights which may have then accrued to your firm under it. Dated this day of , 19 — . (Signature.) («•) Stamp 6d. when under hand only, and no stamp required if the sale oj goods is the primary object of the document. (/) See De Colyar on Guarantees, 3rd ed. p. 29. (a) It is proper to stipulate the time as well as the sum, when practicable, BO as to prevent the question of its being a continuing guarantee, or of the sum being for goods purchased to its amount at any one time. But if desireu, for the sake of further precaution, after the words " next ensuing," may be added —but this guarantee is to extend only to that amount, at any time, and for this period exclusively. (A) See De Colyar on Guarantees, 3rd ed. pp. 30, 257. (,-) Or— as a cashier or other clerk (<.,-, other capacity). The following portion of this form will serve as a form for the condition of a bond for the seme purpose. See a form of bond, ante, p. 1G7. PRACTICAL FORMS: 283 No. 3. For Advances hy a Bank (Jc). To the Banking Company, Limited. In consideration of your permitting Mr. (the customer), of, &c., Grocer, at our request to open and keep his banking account with you, and of your giving him such credit and making him such advances by way of discount or otherwise, as he may, from time to time, require, either with or without security, and as you think proper, we hereby jointly and severally guarantee to you the payment of all moneys (which term shall include all interest, commission, and your usual banking charges) (I) which now are or shall at any time hereafter daring the continuance of this guarantee be due from him to you either on the general balance of his said account, or for advances or otherwise or in respect of the payment of all bills or notes which may, from time to time, be held by you, and upon which he shall or may be solely or jointly liable to you, and of all costs, charges, and expenses which you may incur in enforcing or obtaining payment of such advances, balances, bills, or notes. And we expressly declare that this guarantee shall be a continuing guarantee to you for any amount not exceeding pounds ; and that it shall not be deemed to be wholly or partially satisfied by the payment or liquidation of any sum or sums of -money which may, for the time being, be due to you from the said (customer) as aforesaid ; but shall extend to cover and be a security for all and every such sum and sums of money as shall or may, at any time, or times hereafter, during the continuance of this guarantee, be due to you from the said {customer) notwithstanding any such payment or liquidation. And we hereby consent and authorize you, at any time or times at your discretion, to refuse further credit to the said (customer) and to grant or allow any time, dispensation, or indulgence to him or us or [any or] either of us, or to any person or persons liable to him or to you on his account [either as the drawers, acceptors, or endorsers of any cheque or cheques, bill or bills of exchange, or promissory note or notes] received by you from or drawn by him, on your firm or on which he may be liable to you, and to compound with him, or any or either of us, or of such persons respectively, and to receive all dividends, and sums whatsoever payable under such composition and apply them to the general account of the said (customer). And we hereby undertake and declare that the giving such time, dispensation, and indulgence or compounding shall not be deemed to satisfy, discharge, or in any way, prejudice or affect our liability to your said company, nor any proceedings which may be taken against us or either of us in respect thereof, or otherwise under this (fc) See De Colyar on Guarantees, 3rd ed. pp. 28, 201 n., 243. (/) Here may be added — either for or in respect of advances or discount, or for keeping Ms said account — or, the usual banker's charges. 284 PRACTICAL FORMS. guarantee ; which shall apply to and secure any ultimate as well as any floating balance that shall remain due to your said company; but shall be determinable at any time on payment of the balance then due to you from the said {customer). Dated the day of , 19 — . {Signature.) PAKT XXXL— HEADINGS. No. 1. Of Handbills and Particulars of Sale. Handbills and particular's of sale are usually shortly headed with a few conspicuous and attractive words, so as to shoic, at a glance, the nature and tenure of the property offered, as — Important to capitalists. Or, The Manor or reputed Manor of B. Or, Superior Freehold Estate at B. Or, Freehold Farm and Lands at B. Or, Freehold Lands in the Fertile District of B. Or, Bich and Productive Freehold [grazing] Lands at B. Or, Important and Desirable Freehold Property at B. Or, Neat and Compact Freehold Dwelling-house and Offices at B. Or, [Freehold] Building Land at B. Or, Most Eligible Freehold — or, Leasehold — Property at B., with a Policy of Life Assurance. Or, Freehold Brewery — or, Malthouse — or, Mill — or, Hotel — or, Inn — or, Public-house. Or, Peremptory — or, Unreserved— {in) Sale. Or, Unreserved Sale of Important and Freehold Property at B. Or, Important and Valuable [and Highly Improvable] Freehold [or, Copyhold— or, Leasehold] Estate at S. Or, Freehold and Stock Farm, containing Acres of most Productive Land. Or, Freehold Dairy and Grazing— or, Stock — Farm, called " " containing about Acres of Kich and Productive Meadow and Pasture Land. Or, Freehold Farm, consisting of Acres of very superior Water Meadow and Pasture Lands. Or, Valuable Freehold Dairy and Stock Farm [with substantial Homesteads] in the rich districts between A. and B., in the county of \V., surrounded by magnificent scenery, partly bounded by B. and C. rivers — or, canals — and presenting a most eligible opportunity for investment. Or, Freehold House Property, with Shops, most advantageously (m) When it is intended that the sale shall be peremptory or unreserved, it should appear on the face of the handbills or particulars. PRACTICAL FORMS. 285 situated in the best part of C. and presenting most eligible investments. Or, Freehold Houses and Shops, being Nos. — , — , and — , at D., centrally situated — or, situated in the best part of the prin- cipal street — in the thriving — or, flourishing market — town of D., let at a gross rental of £ per annum. To be sold (n) by auction (o) — or, by tender. By Mr. A. B. — or, Messrs. C. and D. At the Auction Mart, Corn hill, London. Or, at Garraway's Coffee House, Cornhill, London. Or, at the Hotel, at B. [in the county of Berks.]. Or, at the Inn, at B., Kent. Or, on the premises. On , the day of , 19 — , at o'clock in the noon, by direction of the trustees under the marriage settle- ment of A. B., Esq. — or, the executors of the will of Mr. A. B. — or, of Sir A. B., in consequence of the death of Lady B. Or, by order of the trustee of the estate of C. D., a bankrupt. Or, by order of the mortgagees, under a power of sale [contained in a mortgage, dated the day of , 19 — ]. Or, by order of the executors of the will of A. B. and with the concurrence of the mortgagees. Or, by order of the executors of the will of Mr. A. B. and the trus- tees, under a petition in bankruptcy, against C. D. Or, by the direction of the Great Western Railway (or other Com- pany). _ Or, by the direction of the proprietor, and with the concurrence — or, consent — of the mortgagee. Or, with the sanction of the mortgagees, and under the direction of the chief clerk of Mr. Justice [or, of the liquidator], acting in the winding-up of the said company. Or, by order of the High Court, under a petition in bankruptcy, against A. B., Grocer, on the petition of the mortgagees. Or, Pursuant to an order of Court, made in the above-named action, bearing date the day of , 19 — , with the approba- tion of Mr. Justice , the judge to whom the action is- assigned. Or, Peremptorily and Without Reserve, under a conveyance in trust for sale, executed by the late A. B., and others. In lots — or, in one or more lot or lots. Or, in one lot, and if a sufficient sum should not be offered, then in lots, agreeably to the plan and particulars which will then be produced. Or, in one lot, and if not sold, then to be offered again imme- diately afterwards [at the same auction] — or, on the same (?i) Or, — Mr. A. B. has been instructed — or, favoured with instructions — to sell. (o) If the property be sold under the direction of the Chancery Division of the High Court, the short title of the cause should be placed at the head of the particulars : In the High Court of Justice, Chancery Division. A. B. v. C. D. 1886, B. No. . 28 G PRACTICAL FORMS. day — in several lots, stated iu the following particulars of sale. Or, either together or in lot?, as may be arranged at the time of sale. Or, in one lot — or, in separate parcels for building. Or, in such lots as may be agreed on at the time of sale. Or, either together or separately, as may be agreed at the time of sale. Or, either in the following lots — or such other lots, and in such order, as may be determined on by the vendors at the time of sale. Or, this valuable estate — or, property — presents an eligible oppor- tunity for investment, and will be submitted in one or the following lots, as may be determined at the time of sale. Unless previously disposed of by private contract [of which due notice will be given]. Or, unless an acceptable offer be — or, acceptable offers are — made by private treaty. Or, with permission to receive offers in the mean time for pur- chase of the property, by private treaty, either altogether or separately. Subject to conditions which will be then read ; and also subject to — an annuity for the life of G. C, aged on the day of ■ last. Or, — to the payment of a legacy of pounds bequeathed by the will of A. 13., late of, &c, Grocer, deceased, to C. D., and payable to him on the day of , 19 — , when he will attain the age of 21 years, with interest at £5 per cent, per annum in the mean time. Or, — to the payment of a [perpetual] ground-eent — or, chief- rent — or, quit-rent — or, lord's-rent — of pounds during the [residue of a term of years now determinable with the] lives of G. H. and W. K., respectively aged and. on their last birthdays (or as the fact may be). Or, — to the payment of a perpetual RENT-CHARGE of pounds per annum — or, payable during the life of A. B., aged years on his last birthday. Or, — to the payment of the sum of pounds, with interest at the rate of £ per cent, per annum, secured by a mort- gage on the property — or, part of the property (defining it, as) — on that part of the property which is now in the occupa- tion of J. 8. Or, — to an estate for life vested in G. R., aged on the day of last. Or, — to an estate determinable with the lives of W. D. and C. R., respectively aged and on their last birth- days. PR A CTICA L FORMS. 287 No. 2. For a Steward or Receivers Account. Names of tenant. Nature of the property. S6 . > O t- Arrears of rent due at Micbas. 19—. One year's rent due at Mich. 19—. Total flue .it Mii-lias. 19—. Cash re- ceived. Total arrears „ , at Mich. Remarks. 19—. Johns, K. Meadow. 43 £ 1 G a. 2 £ 12 d. •1- 13 6 d. •1 £ III s. d. £ 3 s. 6 d. 2 f To he paid at \ Christmas. No. 3. As to Lifeholds and Copyholdi. Names of lessees or tenants. Property. C •' o J/ o C *3 Annual rent. Heriots. Lives. Remarks. Sims, John Green,Jos. Cottage and \ Garden J Meadow . . 59 31 £ 4 8 s. 4 8 d. £ s. 3 d. James Green 1 Richd. Diver/ Simon Best . Lessee to be required to do repairs. The tenant to be called upon to renew. No. 4. For a Survey. Name of tenant. Best, George Propert}-. East Farm 2G Nature of property. Farmhouse Brewhouse Barn . Stable . . Carthouse The Leaze State. Quantity. A. B. r. Good . Indifferent " •• Bad . . •• •• Ditto . . . . Good . Bad . . i 2 Remarks To be new slated. To be new roofed and generally re- paired. Tiles to be relaid, and floor joists re- moved and replaced. To be drained. 288 PRACTICAL FORMS. No. 5. jFW a Deet ' and Document Reference Booh. o "3 Contents of Property to Of whom When When By whom Remarks. il parcel. lead. received. received. returned. returned. 26 Title deeds The Manor Mr. A. B. l!» May 20 June 0. D. One Mortgage Farm be- the VJ-. 19—. (Clerk) Deed dated 27th longing steward. January, 19 — , to Lord A. • was not re- turned as it re- lated to other property sold to E. F., who has covenanted to produce it. A copy accom- panies these Title Deeds. No. 6. For an Arbitration. Sum in dispute. How proved. Sum allowed. Sum dis- allowed. Remarks. £ 192 s. 6 d. 4 By dishonoured accept- ance for £100 — by receipts for money lent, and by vouchers for money paid. Mr. G. Jones proves the handwriting to the bill ; Mr. William Smith the payments. £ 190 s. 1 d. 2 £ 2 5 d. 2 This sum was disallowed as interest charged upon payments without any agreement for interest. No. 7. To Petitions (p). To the King's Most Excellent Majesty in Council. The humble petition of A. 13., of, &c. Showeth, That, &c. (stating shortly the grounds of the Petition). Your petitioner therefore humbly prays that your Majesty will be graciously pleased to grant, &c. (stating the object sought). And your petitioner, as in duty bound, will ever pray, &c. (p) The mode of addressing all Public Bodies and Individuals in high Official capacities, is by Petition or Memorial, see post, under those Titles. PRACTICAL FORMS. 289 To the House of Lords. To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled. The humble petition of A. B., of, &c. Showeth, That, &c. (stating fads shortly). Your petitioner therefore humbly prays your Hon- ourable House, &c. (stating the object sought), And your petitioner, as in duty bound (q), will ever pray, &c. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. To the Lords Commissioners of His Majesty's Treasury. To the Lords Commissioners for executing the Office of Lord High Admiral. To the (r) Judicial Committee of His Majesty's Most Honourable Privy Council. To the Commissioners of His Majesty's Customs. To the Commissioners of Inland Revenue. To the Right Honourable theLord High Chancellor of Great Britain. To His Grace, the Lord Archbishop of Canterbury — [or York]. To the Right Reverend, the Lord Bishop of W. To his Grace, the Duke of Connaught, the Field Marshal Com- manding in Chief. To the Right Honourable, the Lords Justices of Appeal. To the Right Honourable, the Lord Chief Justice of England. To the Right Honourable, the Master of the Rolls. To the Honourable, Mr. Justice . No. 8. To a Bill of Costs (s) in Chancery Division (t). In the High Court of Justice. 19 — , — , No. — . Chancery Division. Mr. Justice . (q) The words "as in duty bound" are not used in any of the subsequent memorials. (r) Or, — To the Lords of the, &c. (s) As to the scale of charges allowed for conveyancing, see the Solicitors' Remuneration Act, 1881, and the general order and Schedule thereto made in pursuance of that Act. For costs under the Settled Land Act, 1882, see ss. 4G (0) and 47 of that Act, and Nos. 14 to 17 of the Settled Land Act Rules, 1882. For general rides as to costs, see Orders and Rules of the Supreme Court, 1883, Order 65, and Appendix N. For special allowances and general regulations, see the 58 sub-rules to rule 27 of the Order 05 above-mentioned Annual Practice, 1905, vol. i. ; see also the orders as to Supreme Court fees 1894, and the schedule thereto ; order under the Sheriffs Act, 1887, dated August, 1888, and the table thereto ; also Orders of January, 1883 (73 to 77). (t) A bill of costs should be intituled in the action or matter, and the business should be entered under the sitting in which it was transacted. For the requisites U 200 PRACTICAL FORMS. Between and others, plaintiffs, and - and others, defendants. The bill of eosts (u) of the plaintiff (<) to be taxed as between solicitor and client (y) pursuant to order (z) dated the day of ,19— , (a). [Hilary] Sittings, 19—. 19 — January. (b) Instructions to sue (c) £ (d) as to the delivery of bills of costs, reference for taxation, and the payment of costs of taxation, see Annual Practice, 1905, vol. 2, p. 394, where the whole subject is compendiously treated; see also ss. 37 to 43 of the Solicitors' Act, 1843, s. 2 of the Legal Practitioners' Act, 1875, the Rules of the Supreme Court, 1883, Order 55, Rule 2 (15), and Order 65 ; see also for the allowance of interest, and power of the court to charge property, and for the taxation and payment of deceased lunatics' costs, ss. 27 to 29 of the Solicitors' Act, I860, and s. 145 of the Lunacy Regulation Act, 1853. As to agreements between solicitors and their clients as to costs, and as to security for future costs, see Attorneys and Solicitors Act, 1870. For taxation the bill of costs must be indorsed with the name and address of the solicitor leaving the same, and of his principal, if he is an agent (Rules of Supreme Court, 1883, Ord. 65, r. 27 (58)). It should be written on foolscap paper bookwise, with a broad margin on the left-hand side of each page for the amounts taxed off, to be there placed by the taxing officer when taxing the bill. For forms of orders to deliver bills of costs and to tax, see Nos. 40b to 43 of Appendix K to Rules of Supreme Court, 1883. If there has been no previous taxation, a certificate to that effect must be written in the margin of the original judgment or order, and of the copy, and the sitting master will then insert the name of the taxing master in rotation and sign a certificate in the margin of the judgment or order. All taxations of costs in the Chancery and King's Bench Divisions are now dealt with at the Supreme Court Taxing Office, Royal Courts of Justice, the Chancery Taxing Office, the Bankruptcy Tax- ing Office, the Taxing Department of the Office of Masters in Lunacy, and the Taxing Department of the Office of Registrar in Companies' Winding-up having been amalgamated with the Central Office : Annual Practice, 1905, vol. i. pp. 894, 989. (a) And (if so) charges and expenses of, &c. (x) Or, — plaintiffs — or, defendant — or, defendants, — or, of and attending proceedings — or, applicant — or, receiver. (;/) Or, as the case may be. (z) Or, — under the judgment dated the day of , 19 — . (a) A copy of the judgment or order should be written on foolscap paper book- wise, and a certificate, by the solicitor procuring the taxation, verifying the copy, written in the margin of the first page. The heading of the bill will of course vary according to the nature of the cause. (6) The year and month should be at the top of each page, the day of the month at the commencement of each item or class of items. Dates should not be put on left-hand side, as they confuse the taxation, but should be placed within the margin, and scored under. (c) Or, — defend — or, for petition — or, to appeal — or, to appear on appeal — or, to apply — or, to my charges for negotiating sale (or, — purchase; of property at, &c. — or, attending you, &c. — or, as the case may be. (d) If on special grounds the fees in either the higher or lower scale are deemed by the judge, master in chambers, or taxing master inadequate, he may PRACTICAL FOIl MS. Paid the following Witnesses (e). 291 Xame. Ad,lr f s Distance am . travelled, occupation. 1 X umber of days neces- sarily absent. Amount paid for loss of time. Amount paid for travelling and hotel expenses. Total amount paid. A. B. 1 days viz.: {dates) £ £... £ Summary of Bill (/). Taxed off. Pngel. £ „ 2 „ 3 £. Amount. e. Taxed off £. Paid ad valorem duty (rj) in his discretion make a farther allowance : Rules of Supreme Court, 1883, Ord. 05, r. 27 (8), (9), (10). (e) There is no settled scale in the High Court, but the Masters are guided by the directions to them issued in Hilary Term, 1853, and practically allow- about double the maximum settled in the County Court : see Annual Practice, vol. ii. pp. 218, 219. The County Court scale is :— d. d. per 15 to 1 1 t 6 to 15 4 OtoO 7 6 3 OtoO 4 2 to 10 ti Gentlemen, merchants, bankers, and professional r, diem Tradesmen, auctioneers, accountants, clerks, and yeomen, per diem, from A rt isans and journey men, per diem, from Labourers and the like, per diem, from Females, according to station in life Travelling expenses, sum reasonably paid, but not more than dd. per mile one way ; seamen, necessarily detained on shore, such compensation for loss of time as court thinks reasonable (rule 4). Scientific witnesses special allowance. And see Yearly County Court Practice, 1905, vol. i. pp. 440, 441. (/) This summary should be on a separate sheet. ((/) The fees of taxation are not to be added when the costs are ordered to be paid out of a fund in court. As to the mode of obtaining payment out of a fund in court, see Supreme Court Funds Rules, 1894 (rule 44). 292 PRACTICAL FORMS. No. 9. To a Bill of Costs in King's Bench Division. 19— — , No. — . In the High Court of Justice. King's Bench Division. Between, &c. Plaintiff's (h) costs on judgment after trial. Cause tried before the Honourable Mr. Justice and a (i) jury in (h), when a verdict passed for the plaintiff (I) for £ , and the judge certified for judgment and costs (m). Sitting, 19—. (Month.) (Day.) Letter for payment before action (ro). £ No. 10. To a Bill of Costs in Bankruptcy (p). No. — — 19—. In the High Court of Justice. In Bankruptcy. In the matter of , of , in the county of , a bankrupt. Assets above (p) £300. The bill of costs of , petitioning creditor to (q). Sitting, 19 — . 19 — , January. Instructions for petition ... .. £ (r). <(/;) Or, — defendant's. (i) Special — or, common. (k) Middlesex — or, as the case may be. (I) Or, as the case may be. (m) Or (in an action, e.g., for slander), — plaintiff's costs of this action and of and incidental to the reference and award of Mr. , or, as the case may be. (n) Or (in the case of defendant), — Instructions to defend — or, as the case may be. (o) Bills of costs in bankruptcy for taxation must be copied on draft paper lengthwise, on one side only, leaving the left-hand margin clear for the Masters disallowances and dates to each item. For costs in bankruptcy see Bankruptcy Act, 1883, s. 73, and General Rules made pursuant to s. 127 of that Act (Rules 108-128 and Appendix). The allowances to witnesses are the same as in the High Court. For the form of request to deliver a bill for taxation and for the form of the allocatur, see Nos. 140 and 141 of the forms in the appendix to the above general rules. (p) Or, — below. By the rules in bankruptcy, it must be stated at the top of the front sheet whether the assets are above or below £300. On a trustee's solicitor's bill the names of the trustee and of the committee of inspection should appear, and on a debtor's solicitor's costs of petition a certificate as to what amount has been received on account. Where costs are to be taxed under an order, an office copy of the order must be lodged with the bill. (q) Receiving order — or, as the case may be. (r) In lower scale cases the bill should have two columns, the first to contain payments, the second charges. PRACTICAL FOE MS. 293 No. 11. To a Bill of Costs in the House of Lords. In the House of Lords. On appeal from His Majesty's Court of Appeal (EDgland) (s). Between , appellant, and , and others, respondents. The appellant's (t) bill of costs. Session 19 — . 19 — , January. Attending the appellant, &c. ... ... £ (u) Instructions for petition of appeal ... £ No. 12. In the County Court (%). An account of Sums Keceived and Paid in Cause, and Solicitor's Costs. County Court of B , at M . of ,19. Plaint (Plaintiff) v. (Defendant). Claim to for goods sold and delivered (if). ( s ) Or,— On appeal from the Court of Session in Scotland — or, as the case may be. if) Or, — respondent's. (u) For scale of charges for parliamentary agents and solicitors, see the list (dated August 28, 1883), prepared by the Clerk of the Parliaments in pursuance of The House of Lords Costs Taxation Act, 1849 (12 & 13 Yict. c. 78), and revised in conformity with the Appellate Jurisdiction Act, 1876. Charges in- cluded in a bill of costs not strictly parliamentary are allowed according to the scale applicable to the court in which the proceeding took place. And see Annual Practice, 1905, vol. ii. pp. 080, 703, 706. (x) For the practice in the matter of costs, including allowances to witnesses {sxvpra, Form No. 8, n. (e)), see County Courts Act, 1888, sects. 113 to 119, 130, 164 to 166, and Order 53 the County Court Rules, 1903, 1904. And see Yearly County Court Practice, 1905, vol. i. 434-443. As to costs of actions sent for trial to County Court, see Rules of Supreme Court, 1883, Ord. 65, r. 4. As to the review of the taxation in bankruptcy matters of a registrar of a county court by a bankruptcy taxing master of the High Court, see r. 124 of the Bankruptcy Rules, 1883. (;/) Or,— for rent — or, money lent — or, paid— or, for damages for breach of warranty — or, injury to the person — or, property of, &c. 294 PRACTICAL FORMS. Dale9. Received of Plaintiff on account For plaint, summons, and service Subpoena Jury Hearing fees Witnesses, viz. : — Plaintiff, grocer, miles A. I?., grocer's assistant, miles C. D., draper, miles Judgment (z) for Plaintiff for £ and costs Counsel's [or Advocate's] fee [if Counsel — Clerk and! Solicitor] / Warrant of execution Solicitor's Costs as alloiced, viz. : — Instructions for, and preparing particulars of demand Attending entering plaint Paid fees thereon Attending examining witnesses and taking particulars! of their evidence for the hearing J [Attending Counsel instructing him] [Paid him and Clerk] Attending Court [if no counsel] conducting cause Mileage from B Paid hearing fee Paid witnesses (as above) Bill of Costs and Copy Attending taxing Received of Defendant on account out of Court Proceedings on the Judgment. Paid for transcript of judgment (for use in a foreign} Court) / for judgment summons ' hearing fees Paid for warrant of commitment [for days ; to be suspended for days on payment of £ in days] Received of Defendant ... of Plaintiff [if not recovered of Defendant] ., Paid. Received. (3) Or, if after trial by jury, — verdict. PRACTICAL FORMS. 295 PAKT XXXIL— INTERPLEADER. No. 1. Affidavit in Support of Relief by way of Interpleader (a). By a Stakeholder (b). In the High Court of Justice. King's Bench Division (c). Between (d), plaintiff, and (deponent), defendant. 19_ _ No. I, (deponent), of , in the county of (e), the above-named defendant, make oath and say as follows : — 1. The writ of summons herein was issued on the day of , 19 — t and was served on me on the day of , 19 — . 2. The action is brought to recover (/). 3. The said (g) is in my possession, but I claim no interest therein. 4. The right to the said , the subject-matter of this action, has been and is claimed by one (h), of , who has commenced an action (i) against me for the recovery of the said . 5. I do not in any manner collude with the said (h) or with (a) The statutes relating to interpleader are repealed, and the practice is now regulated by the Rules of Supreme Court, 1883, Ord. 57 : Annual Practice, 1905, vol. i. 827-838. The proceedings commence by an interpleader summons in the action, but if no action has been brought the equity rule is now adopted, and it is sufficient that the applicant is harassed by conflicting claims, in which case his application will be by originating summons. For forms of interpleader summons in the Chancery Division, see Daniell's Chancery Forms, 7th ed. (1901), pp. 809-815. For forms of interpleader orders, see Rules of Supreme Court, 1883, Appendix K, Nos. 50 to 55a., and in the Chancery Division see Seton, J. & O. 6th ed. pp. 500-514. (b) Under the term " stakeholder " is included any ordinary person who has conflicting claims made or threatened against him. The form of affidavit here given is to be found in the Rules of Supreme Court, 1883, Appendix B, No. 26, and may be readily adapted to claims in respect of money or specific property. (c) As to the title where there are several causes or matters in several divisions, see Rules of Supreme Court, 1883, Ord. 57, r. 14 ; and as to the power of transferring interpleader proceedings to the County Court, see Supreme Court of Judicature Act, 1884, s. 17. (d) The plaintiff in the action pending at the suit of one of the claimants. (e) E.g., wharfinger — or, other addition, as the case may be. (/) Describe concisely the subject-matter of the action, e.g., the plaintiff claims a return of a pipe of wine deposited with me by him on or about the last, or its value and damages for its detention. (g) E.g. pipe of wine. (h) The other claimant. (i) Or, — whom I expect to commence an action. If the claim, or threat of pro- ceedings, or other notice, is in writing, the document should be here referred to and made an exhibit. (k) The other claimant. 1296 PRACTICAL FORMS. the above-named plaintiff, but I am ready to dispose (I) of the said in such manner as the Court or a judge may order or direct. Sworn at, ccc. (as in Part II., Form No. 1). (Deponent.) Filed on behalf of the defendant. No. 2. By a Sheriff. 19_ _ No. . In the High Court of Justice. King's Bench Division (m). Between (n), plaintiff, and (o), defendant. I, (sheriff's officer), of ■ , officer to the Sheriff of , make oath and say as follows : — 1. Under and by virtue of a writ of fieri facias, issued out of this Division of this Honourable Court in the above action, directed and delivered to the said sheriff, commanding him that he should cause to be made of the goods and chattels of the above-named defendants the sum of £ ( p), and indorsed to levy (q), be- sides sheriff's poundage, officer's fees, and other incidental expenses, and also by virtue of a warrant of the said sheriff granted on the said writ and to me directed, I did on the day of , 19 — , take possession of certain goods and chattels in the dwelling-house (r) of the above-named defendant, situate at in the same county, and the said goods and chattels still remain in my possession as officer of the said sheriff. 2. (s) On or about the ■ day of , 19—, I was served with a written notice, of which the following is a true copy (t). 3. This application is made solely on my behalf as officer to the said sheriff, at my own expense and for my own relief and protection, and for the relief and protection of the said sheriff, and I do not, nor (0 Or,— but I am ready to bring into Court— or, to pay or dispose, &c. (m) The application is to be made to the Court out of which the process issued. (n) The plaintiff in the action as the result of which process issued. (o) The defendant in the same action. (p) State amount according to the writ. (7) State amount according to indorsement. (r) Or, — shop. (s) State the claim set up by the third party. (t) Here copy notice (if any) to withdraw served on officer by third party. PRACTICAL FORMS. 297 does the said sheriff, in any manner collude (u) with the said ■ (x) or with the above-named plaintiff. Sworn, &c. (as in Part II, Form No. 1). Filed on behalf of the (Deponent) No. 3. By Claimant (y) in Answer to Stakeholder. 19—, — , No. . In the, &c. (as in Form No. 1, supra). Between, &c. I, (deponent) (z), of, &c., Grocer, make oath and say as follows :— 1. I have read the affidavit of the defendant sworn in this action on the day of 19 — . 2. The (a) therein mentioned is -my property as I verily believe, and I claim it as such. 3. (b) On last I purchased the said (c) from one , who then carried on business as a — — (cl) at . 4. After I so purchased the same I left it with one , of , for safe custody, who, as I have been informed and believe, delivered the same to the defendant. 5. Such delivery took place without my knowledge or consent. 6. I on for the first time discovered that the said (e) had been left with the defendant. Sworn, &c. (as in Part II, Form No. 1). (Deponent.) Filed on behalf of the . (u) It is now necessary for the applicant to satisfy the Court by affidavit or otherwise against collusion : Rules of Supreme Court, 1883, Ord. 57, r. 2 (b). And this would appear to include the case where a sheriff is applicant ; but where the sheriff is applicant there is no necessity for him to make an affidavit, and unless specially directed by the Master to do so, the costs of doing so will not be allowed him. (x) The third party. (y) The adverse claimant, as it is not necessary for the first claimant, who is the plaintiff in the action, to make an affidavit. (z) It is usual for the claimant to make the affidavit, but any one who can depose to the facts may do so, as for instance where the claimant is residing abroad and his solicitor has documents in his possession leading him to believe the claimant is entitled to the property, or where the agent of a foreign principal has conducted the business out of which the adverse claim arises : see the sub- stance of such an affidavit, p. 460 of Attewborough v. St. K<<>) Here state briefly the nature of the claimant's claim to the property, as abpve — or, as the case may be. (c) E.g., pipe of wine. (d) E.g., wine merchant. (e) E.g., pipe of wine. 298 PRACTICAL FORMS. No. 4. By Claimant in Answer to Sheriff. 19—, — , No. . In the, &c. (as in Form No. 2, supra). Between, &c. (/). I, {deponent), of, &c, make oath and say as follows : — 1. The goods and chattels seized by the Sheriff of , under the writ of fieri facias in this action, and in the summons herein men- tioned, were on the day of , 19 — , by deed of that date sold, transferred, and assigned to me by the above-named ■ in consideration of . 2. I claim the said goods and chattels so sold, transferred, and assigned to me as aforesaid as my property under and by virtue of the said deed, and I verily believe them to be mine. Sworn, &g. (as in Part II, Form No. 1). (Deponent. ) Filed on behalf of . PAKT XXXIII.— LAND EEGISTEY. This and the next following forms are sold at the Office of Land Eegistry, Land Charges Rules, 1889, No. 5. No. 1. Register of Writs and Orders. Form 1. — Application to Register a Writ or Order () See Rule 127. (0 See Rule 128. 314 PRACTICAL FOB MS. I, G. H., of, &c, with the consent of the said A.. B., hereby transfer to him the land comprised in the title above referred to, to hold to the uses, on the trusts and subject to the powers and provisions which under the settlement, or by reason of the exercise of any power of charging therein contained, are subsisting with respect to the settled land, or as near thereto as circumstances permit, but not so as to increase or multiply charges or powers of charging, and we, the said C. D. and E. i\, apply for the registration of the following restriction | fill in the appropriate restriction], (To be executed as Form 20 by transferor, tenant for life, and trustees.) Note 1. — Where other registered land is subject to the settlement, and incumbrances under the settlement are protected by a charge or otherwise on the register, the following should be added : — And I, the said A. B., hereby apply to the Registrar to note the extension of the charge, caution, restriction, &c, &c, No. , in the proprietorship (or charges) register of title No. to the above land. Note 2. — Where the existing registered proprietor is to be tenant for life no transfer will be required, but only an application by the trustees, with his consent for the appropriate restriction. Note 3. — For leasehold land, see Form 27. No. 29. Form 23. — Instrument of Transfer of Freehold Land to give effect to a Settlement, Trustees to he registered as Proprietors (m). Follow Form 22, substituting after the words ' ; hereby transfer to " the names of the trustees lor the word " him." (To be executed as Form 20 by transferor, tenant for life, and trustees.) See Notes 1 and 3 to Form 22. No. 30. Form 24. — Instrument of Transfer of Freehold Land to give effect to a Settlement, Donees of an overriding Poiver of Appointment to he registered as Proprietors (m). Follow Form 22, inserting after the words "under which "the words, " the limitations are to such uses as A. B., of, &c, and C. D., of, &c, shall jointly appoint, and subject thereto to various uses under which," down to " said settlement," and then continue : I [transferor], with the consent of [tenant for life], hereby transfer to the said A. B. and C. D. the land \&c, as in Form 22] . To be executed as Form 20 by the transferor, donees of the power, tenant for life, and trustees.) Note. — Where the existing registered proprietor is one of the donees of the power the form will be the same, except that the words of transfer will be ' ; to myself and [the other donee]." See Notes 1 and 3 to Form 22. (m) See Rule 128. PRACTICAL FORMS. 315 No. 31. Form 25.— Instrument of Transfer of Freehold Land purchased with Capital Money liable to be laid out in the Purchase of Land to be assured to the uses of a Settlement, Tenant for Life, or Trustees to be registered as Proprietors (n). (Heading as in Form 22.) (Date.) In consideration of pounds (£ ) paid out of capital money arising under a settlement dated, &c. [continue as in Form 22 or 23 according to circumstances], (To be executed as Form 20 by transferor, tenant for life, and trustees.) See Notes 1 and 2 to Form 22. No. 32. Form 26.— The like, the Donees of a joint overriding Power of Appoint- ment being registered as Proprietors (n). (Heading as in Form 22.) (Date.) In consideration of pounds (£ ) paid out of capital moneys arising under a settlement dated, &c, and made between, &c. (or created by the will of, fee), under which land is limited to such uses as A. B., of, &c, and C. D., of, &c, shall jointly appoint, and subject thereto to various uses by virtue of which the said A. B. is (or has the powers of a) tenant for life under the Settled Land Acts, 1882 to 1890, and G. H., of, &c, and J. K., of,&c, are trustees of the settlement, I, E. F., of, &c, with the consent of A. B. as tenant for life, hereby transfer to him and the said C. D. the land comprised in the title above referred to, and we, the said G. H. and J. K, hereby apply for the entry on the Kegister of the following restriction [fill in Form 10]. (To be executed as Form 20 by the transferor, donees of the power, tenant for life, and trustees.) See Notes 1 and 3 to Form 22. No. 33. Form 27.— Instrument of Transfer of Leasehold Land to give effect to a Settlement (n). Follow Form 22, 23, 24, 25 or 26 according to circumstances, sub- stituting after the words " to hold " the words, " on trusts and subject to powers and provisions corresponding, as nearly as the law and circumstances permit, with the uses, trusts, powers, and provisions which under the settlement or by reason of the exercise of any power of charging therein contained are subsisting with respect to the settled freehold land, but not so as to increase or multiply charges or powers of charging so nevertheless that the beneficial interest in (n) See Rule 128. 31 G PRACTICAL FORMS. the land shall not vest absolutely in a person who is by the settle- ment made by purchase tenant in tail, or in tail male, or in tail female, and who dies under the age of twenty-one years, but shall, on the death of that person under that age, go as freehold land conveyed as aforesaid would go." No. 34. Form 2S. — Instrument of Transfer of Land without the Mines and Minerals (o). As Form 20, adding after <; above referred to " the words, " except the mines and minerals under the same." No. 35. Form 29. — Instrument of Transfer of Land with certain specified Mines and Minerals only (o). As Form 20, adding after "above referred to" the words, "except the mines and minerals under the same other than," followed by a description of the mines and minerals to be transferred. No. 36. Form 30. — Instrument of Transfer of Land, ivith the Mines and Minerals, excepting only certain specified Mines and Minerals (o). As Form 20, adding after " above referred to " the word " except," followed by a description of the mines and minerals not to be transferred. No. 37. Form 31. — Instrument of Transfer of the Mines and Minerals without the Land (p). ' As Form 20, adding before " the land " the words, " the mines and minerals under." No. 38. Form 32. — Instrument of Transfer of certain specified Mines and Minerals without the Land {p). As Form 20, down to " C. D., of, &c," and then continue : " Such of the mines and minerals under the land comprised iu the title above referred to as are here described, namely," followed by a description of the mines and minerals to be transferred. No. 39. Form 33. — Instrument of Transfer, without the Land, of the Mines and Minerals, except certain specified Mines and Minerals {p). As Form 20, down to " C. D., of, &c," and then continue : " The mines and minerals under the land comprised in the title above referred to, except," followed by a description of the mines and minerals not to be transferred. (o) See Rule 134. (p) See Rule 135. Til ACTIO AL FOB MS. 317 No. 40. Form 34. — Instrument of Transfer of Land in exercise of a Power of Sale contained in a Registered Charge (q). As Form 20, adding after " (£ ) " the words, "and in exercise of the power of sale conferred by the charge, dated, &c, and registered, &c," and at the end, " discharged from the said charge." No. 41. Form 35. — Instrument of Transfer of Leasehold Land (r). As Form 20, adding at the end, " for the residue of the term granted by the registered lease." Where it is intended to negative the covenants implied by section 39 of the Act of 1875, or Rule 139, the following words may be added to the form : — " The covenant by the transferor (or transferee, or the covenants by the transferor and transferee) implied by section 39 of the Act of 1875 (or Rule 139) is (or are) not to be implied." No. 42. Form 36. — Instrument of Transfer of Land to a Company or Corporation (s). (Heading as in Form 20.) (Date.) In pursuance of a licence &c, describing it, or, of the Act, ] I, A. B., of, &c. [the registered proprietor] hereby transfer to [fill in the corporate name of the transferee, adding, if a corporation sole, " and his successors "] all the land [&c, as in Form 20 or 21 to the end of the Form]. (To be executed as Form 20.) Note. — If the licence or statute contains any limit to the extent of land which may be conveyed or held, or any provisions as to the purposes for which it may be used, add at the end of the form : " And it is hereby declared that the land already held by the transferees under such licence (or Act), together with the land hereby transferred, does not exceed acres (or that no land other than that hereby transferred is held by the transferees), and that the present transfer is for the purposes of [/ill in the purposes, for which the land is to be used]." No. 43. Form 37. — Instrument of Transfer of Land for Charitable Uses (t). (Heading as in Form 20.) (Date.) In pursuance of the Act of (or other authority which under the transfer is made), I, A. B. [the registered proprietor], hereby transfer to C. D., of, &c, all the land [&c, as in Form 20 or (q) See Rule 137. (r) See Rule 138. (s) See Rule 144. (0 See Rule 145. 318 PRACTICAL FORMS. '21 to flu: end of the form] for the purpose of a public park (or museum, church, school, or as the case may h \. (To be executed as Form 20.) NOTE. — If the statute contains any limit to the extent of land which may be conveyed <>r held, or any provisions as to the purposes for which it may be used, add a clause similar to that to be added at the end of Form 36 in the like case. No. 44. Form 38. — Certificate as to Vesting in an Incumbent or other Ecclesiastical Corporation (it). (Date.) This is to certify that the land (or hereditaments, &c.) comprised in a [describe the transfer] would under the provisions of [state the statute] (if such transfer were a conveyance under such Act), vest in the incumbent of (or bishop of , as the case may be) and his successors immediately (or as the case may be) upon the happening of the event following, namely, the (To be sealed by the Ecclesiastical Commissioners.) No. 45. Form 39. — The like Certificate under the New Parishes Acts (x). (Date.) This is to certify that the land (or hereditaments, &c.) comprised in a [describe conveyance or transfer, &c] would, by the operation of the New Parishes Acts, 1843 to 1884, have vested in the incumbent of and his successors. (To be sealed by the Ecclesiastical Commissioners.) No. 46. Form 40. — The like Certificate under Bide 149. (Date.) This is to certify that the [describe Scheme and Order in Council, or instrument, or conveyance, &c] would operate to vest imme- diately (or, on publication in the London Gazette, or at some subse- quent period, as the case may be), the land (or other hereditaments, describing it or them by reference to the register if possible) in the [describe the corporation or person]. (To be sealed by the Ecclesiastical Commissioners.) No. 47. Form 41. — Instrument of Transfer of Land subject to Restrictive Conditions under section 84 of the Act of 1875 (y). As Form 20 or 21, adding at the end, " subject to the following Testrictive conditions, namely " : — [here add the restrictive conditions, as for instance : — 1. No house on the land shall be used otherwise than as a private dwelling house. («) See Rule 147. (x) See Rule 148. (>/) See Rule 153. PRACTICAL FORMS. 319 2. The building line shown on the plan shall be observed. 3. Nothing shall be done or permitted on the land that shall be a nuisance to the owners of adjoining land. 4. No house shall be erected of a less value than £500. (To be executed as Form 20 by both parties.) Note. — The conditions must be so framed as to be clear and intelligible when placed in the Register of the land transferred, without reference to any docu- ment or matter of law or fact which does not appear thereon. Only restrictive covenants can be registered. Covenants to expend money or to do any work on the land may be added to the transfer, but will not be expressly noticed in the Register. No. 48. Form 42. — Instrument of Exchange (z). (Heading as in Form 20.) (Date.) In consideration of the transfers hereinafter contained (and, if so, of the sum of pounds (£ ) paid by C. I). for equality), I, A. B., of, &c., hereby transfer to C. D., of, &c, the land shown and edged with red on the accompanying plan, signed by me and by the said C. D. (or the plan attached hereto or endorsed hereon), and I, the said C. D., hereby transfer to the said A. B. the land shown and edged with green on the same plan (and, if so, I, the said A. B., hereby apply to have the said land, edged with green, added to the land comprised in title No. , of which I am the registered proprietor, and I, the said C. D., apply to have the said land, edged with red, added to the land comprised in title No. , of which I am the registered proprietor). (To be executed as Form 20 by both parties.) Note. — If preferred, the transaction may be carried out by two instruments in Form 20 or 21, altering the consideration as follows : — ' ' In consideration of a transfer (or conveyance) of even date herewith (and, if so, of the sum of pounds (£ ) paid to me for equality)." When and so far as the land taken in exchange is not registered, the con- veyance thereof will be in the ordinary form. If it is desired that a particular verbal description of the land be entered in the Register, add after the word "plan" or "hereon," as the case may be, the words "and described in the [first, second] schedule hereto," — and add a schedule or schedules at the end. No. 49. Form 43. — Instrument of Partition (a). (Heading as in Form 20.) (Bate.) We, A. B., of, &c, C. D., of, &c, and E. F., of, &c, hereby transfer the respective lands shown and edged with red on the accompanying plans (or plan) signed by us (or on the plan attached (z) See Rule 154. m (a) See Rule 156. 320 PRACTICAL FORMS. hereto or endorsed hereon) and (thereon) marked X, Y, and Z, to the said A. B., C. D., and E. F. separately and respectively. (To be executed as Form 20 by all parties.) Note. — If preferred, the plan may be tinted in different colours, and the instrument altered to correspond therewith. If it is desired that a particular verbal description of the land he entered in the Register, add after the word "plan" or "hereon," as the case may lie, the words, "and described in the [first, second] schedule hereto," — and add a schedule or schedules at the end. No. 50. Form 44. — Instrument of Charge (b). (Heading as in Form 20.) (Date.) In consideration of pounds (£ ), I, A. B., of, &c, hereby charge the land comprised in the title above referred to with the payment to C. D., of, &c, on the of , 19 — , of the principal sum of £ , with interest at per cent, per annum, payable [half yearly, quarterly] on the of , &c, in every year. (To be executed as Form 20.) Note. — Where the charge is made under section 9, subsection 6 of the Act of 1897, and deals with part only of the land comprised in a title, or is made under Rule 9G, the number of the title must be left blank, and instead of the words, " the title above referred to," a reference to the last preceding document of title containing a description of the land must be inserted. Where the consideration is advanced by different persons in separate sums or docs not consist, or wholly consist, of money, its nature, or the separate payments made, may be concisely stated. The amount of the consideration should be stated in words, and repeated in figures — as, for instance, "three hundred and seventy pounds (£370)." Where the charge is to two or more jointly, no addition need be made to the form. Where the money is to be held in separate shares, the following variation may be used: — After "payment to" insert "C. D., of, &c, and E. F., of, &c, on the of , 19 — , of the respective principal sums of and with interest," &c, as in the above form. Any of the following special stipulations may also be added at the end of the charge. A. — Stijmlations negativing the Covenants implied in Charges by sections 2!J & 24 of the Act of 1875. (1) No covenant is hereby implied to pay the principal or interest secured by the charge. (2) No covenant is hereby implied as to payment of rent or per- formance or observance of the covenants or conditions of the registered lease, or as to indemnity in respect thereof. (b) See Rule 158. PRACTICAL FORMS. 32] B. — Stipulations in charges excluding the provisions of sections 25 to '11 of the Act of 1875, and altering the priority of charges under section 28 of the same Act. (1.) The creditor shall have no power to enter on the land. (2.) The creditor shall have no power to enforce foreclosure or sale of the land. (3.) The creditor shall have no power of sale. (4.) The creditor may exercise the power of sale without notice. (5.) This charge shall rauk pari passu with a charge of even date to , of , to secure , or shall be the [first, second, third, &c, as the case may be] in order of priority of three charges of even date, one of which is to , of , to secure , another is to , of , to secure , and the other is this charge, or shall have priority to a charge dated, &c, registered, &c, in favour of A. B., of, &c, for {or otherwise as the case may be). C. — Miscellaneous Stipulatio ns. (1.) The interest to be secured by the charge shall be reduced to per cent, in every (half-year, quarter, &c.) in which it is paid within days after it becomes due. (2.) None of the principal secured by the charge shall be called in till the of , 19 — , unless the interest shall fail to be paid within days after it becomes due. (3.) None of the principal secured by the charge shall be paid off till the of , 19 — , unless the proprietor of the charge shall be willing to accept it. (4.) If the interest secured by the charge shall be paid within days after it becomes due, the principal shall be payable by instal- ments of each, to be paid on the of and the of in every year, the first of such instalments to be paid on the of , 19—. Provided that on failure of payment of any instalment within days after it becomes due, the whole of the principal remaining owing on the said security shall become payable at once. Provided, nevertheless, that the whole or any part (not less thau at any one time) of the above-mentioned principal may be paid off on giving one calendar month's notice in writing of the intention to do so, and on paying up all arrears of interest that may be due at the time of such payment of principal. No. 51. Form 45. — Instrument of Charge by way of Annuity (c). (Heading as in Form 20.) (Date.) I, A. B., of, &c, hereby charge the land comprised in the title above referred to with the payment to C. D., of, &c, of an (c) See Rule 160. 322 PRACTICAL FORMS. annuity of for years (or during his life, &c), payable [half-yearly, quarterly] on the of , &c, in every year. (To be executed as Form 20.) Note. — If there is any consideration, it can lie stated at the commencement as' 'To secure part of the purchase money of the land comprised in the title above referred to," or "In consideration of an instrument of transfer of even date herewith of the land comprised in the title above referred to," &c, &c. If only part of the land comprised in the title is charged add after "land" the words, " shown and edged with red in the accompanying plan signed by me, being part of the land," &c. If the charge is to secure a periodical payment which is not an annuity, the form may be varied accordingly. No. 52. Form 46. — Instrument of Charge to secure future advances (d). As Form 44, adding at the end, "and of every sum hereafter advanced by him with interest at the rate aforesaid, payable on the appointed days, and computed from the time of advancing the same." No. 53. Form 47. — Application to alter the terms of a Charge under Sec- tion 9 (5) of the Act of 1897 (e). (Heading as in Form 20.) (Date.) We, A. B., of, &c. [registered proprietor of the land], C. D., of, &c. [registered proprietor of the charge], and E. F., of, &c. [registered proprietor of a charge of equal or inferior priority prejudicially affected], hereby apply to the Registrar to alter the terms of the charge dated (date), registered (date), against the title above referred to, as follows : — (Fill in the proposed alteration.) (To be executed as Form 20 by all parties.) No. 54. Form 48. — Instrument of Discharge of Begistered Charge (f). (Heading as in Form 20.) (Date.) I, A. B., of, &c, hereby admit that the charge dated (date), and registered (date), of which I am the registered proprietor, has been discharged. (To be signed by the registered proprietor of the charge, and attested.) Note. — The discharge may be made as to part of the land only, by adding at the end, "as to the land shown and edged with red on the accompanying (d) See Rule 1G0. „ (e) See Rule 165. (/) See Rule 160. PRACTICAL FORMS. 323 plan, signed by me, being part of," or as to part of the money only by adding, "to the extent of ." Where the charge was for future advances or for an indefinite amount there must be added to the discharge, for the purpose of stamp duty, a statement of the total amount or value of the money at any time secured. No. 55. Form 49. — Instrument of Transfer of Charge (g). (Heading as in Form 20.) (Bate.) In consideration of , I, A, B., of, &c, hereby transfer to C. D., of, &c, the charge dated (date), and registered (date), of which I am the registered proprietor. (If part only of the money secured is transferred add : as to the sum of pounds £— — .) (To be executed as Form 20.) Note. — Where the charge is transferred to two or more as tenants in common, words to that effect should be added stating the sum transferred to each : see note to Form 20. No. 56. Form 50. — Instrument of Transfer and Discharge (h). (Heading as in Form 20.) (Date.) In consideration of pounds (£ ) paid to A. B., of, &c. [the proprietor of the land], and of pounds (£ ) paid to C. D., of, &c. [the proprietor of the charge], the said A. B. here by- transfers to E. F., of, &c, the land comprised in the title above referred to, and the said C. D. hereby discharges the same from the charge elated (date), registered (date), of which he is the registered proprietor, and from all liability in respect thereof. (To be executed as Form 20 by A. B. and C. D.) Note. — Where there are two or more charges to be discharged, the form may be altered as follows : — After ' ' C. D., of, &c," insert " and pounds (£ ) paid to E. F., of, &c," (and so on, as to the proprietors of all the charges to lie discharged), and after "above referred to," continue, "the said C. D. and E. F. hereby respectively discharge the same from the charges dated (date), and (date) (and so mi as /<< aU the charges to be discharged) registered (date), and (date) (and. so on) of which they are the respective proprietors, and from all liability in respect thex^eof." No. 57. Form 51. — Instrument of Assent to a Devise of Land under section 3 of the Act of 1897 (/). (Heading as in Form 20.) (Date.) I, A. B., of, &c, as personal representative of the late C. D., of, &c, hereby assent to the devise contained in the will of (g) See Rule 168. (h) See Rule 182. (■/) See Rule 185. 324 PRACTICAL FORMS. the said C. I). to E. F. of the land comprised in the title above referred to. (To be signed by A. B. and attested.) Notk. — If the assent is to be subject to a charge for payment of money which the personal representative is liable to pay, or if the land devised is part only of the land comprised in the title referred to, the form may be varied accordingly. No. 58. Form 52. — Instrument of Appropriation of Land in satisfaction of a Legacy or Share in Residuary Estate under section 4 of the Act of 1897 (J). (Heading and commencement as in last Form down to " hereby") With the consent of E. F., of, &c, who is entitled to a legacy (or share in residuary estate) under the will of the said C. D., appropriate to the said E. F., the land comprised in the title above referred to, and certify that all proper notices under the 4th section of the Land Transfer Act, 1897, have been given [and the requirements of the Rules of Court under the Land Transfer Acts have been duly complied with]. (To be signed by A. B. and E. F. and attested.) Note. — If the land appropriated is part only of the land comprised in the title referred to, the form may be varied accordingly. No. 59. Form 53. — Notice of divesting of the estate of the Official Receiver or of a Trustee in Bankruptcy (jj). Land Registry. . Land Transfer Acts, 1875 and 1897. District Parish No. of Title. [No. of (or other reference to) Charge .] (Date.) I (A. B., of, &c), the Official Receiver (or trustee in the bankruptcy of C. D.), hereby give notice that by reason of [describe the act, omission, or order, by reason of which the estate is divested] my estate and interest in the land (or, charge) above referred to has been divested, and I hereby apply for entry of this notice on the Register according to Rule 199. (To be signed by the Official Receiver or trustee.) No. 60. Form 54. — Application to enter Notice of an Estate in Dower or by the Curtesy (k). (Heading as in Form 20.) I, A. B., of, &c, being entitled to an estate in Dower (or by the (j) See Rule 185. (JJ) See Rule 199. (k) See Rule 207. PRACTICAL FORMS. 325 Curtesy) in the land comprised in the title above referred to, bv reason of [state concisely the facts on which the claim depends], hereby apply for registration of notice thereof. (To be signed by the applicant and her (or his) solicitor.) Note. — The application should be accompanied by evidence of the facts on which the claim depends. No. 61. Form 55. — Notice of Liability to Death Duty (I). The land is liable to such death duties as may be payable or arise by reason of the death of A. JB., of, &c, who died on the (date) (or by reason of a settlement created by deed dated, &c, or by reason of the determination of a lease dated, &c, or as the case may be). No. 62. Form 56. — Certificate of Non-liability to Death Duty (m). This is to certify that the land comprised in the title No. may be registered without notice of, any liability to death duty by reason of the death of A. B., of, &c, and that any such notice already registered may be cancelled. Dated the day of , 19 — . Note. — If the certificate is to apply to part only of the land comprised in the title, the words, "shown and edged with red on the accompanying map, being part of the land," should be inserted after the word "land." No. 63. Form 57. — Entry restraining a disposition by a Sole Surviving Proprietor. (Date.) When the number of joint proprietors has been reduced to one no registered disposition of the land [or charge] shall be made except under an order of the Eegistrar, after an inquiry into title, or an order of the Court. No. 64. Form 58. — Caution {under the 53rcZ section of the Act of 1875) against Dealings ivith Registered hand or a Charge (n). (Heading as in Form 53.) (Date.) A. B. [the cautioner], of, &c, requires that no dealing with the land (or charge) above referred to (or with the land shown and edged with red on the plan attached hereto) shall be had on the part of the registered proprietor until notice has been served upon him. (To be signed by the cautioner or his solicitor.) Note. — If the cautioner's address is not within the United Kingdom, an address for service within it must also be given. (?) See Rule 208. (m) See Rule 210. (») See Rule 220. 326 PRACTICAL FORMS. No. 65. Form 59. — Caution against the registration of a piossessory or qualified title, as qualified or absolute (n). (Heading as in Form 53.) (Date.) A. B. [the cautioner'], of, &c, requires that no application to register the land above referred to with a qualified or absolute title shall be proceeded with until notice has been served upon him. (To be signed by the cautioner or his solicitor.) Note. — If the cautioner's address is not within the United Kingdom, an address for service within it must also be given. No. 66. Form 60. — Notice to a person who has lodged a Caution (o). (Heading as in Form 53.) Notice. — The caution lodged by you in this office on the (date), requiring that no dealing with the land (or charge) above referred to should be had on the part of the registered proprietor until notice had been served upon you, will cease to have any effect after the expiration of 14 days next ensuing the date at which this notice is served, unless an order to the contrary is made by the Eegistrar. Dated the day of , 19 — . No. 67. Form 61. — Application to withdraw a Caution (p). (Heading as in Form 53.) (Date.) I, A. 13., of, &c. [the cautioner], hereby apply to withdraw the Caution lodged in my name on the (date) against the title [or charge] above referred to. (To be signed by the applicant or his solicitor.) No. 68. Form 62. — Inhibition where the Incumbent of a Benefice is the registered Proprietor of Land (q). No disposition of the land shall be registered except on production of a certificate from Queen Anne's Bounty, the Board of Agriculture, or the Ecclesiastical Commissioners, in accordance with section 15 of the Land Transfer Act, 1897. No lien shall be created by deposit of the land certificate. No. 69. Form 63. — Certificate under section 15 of the Act of 1897 as to a Disposition by the Incumbent of a Benefice (r). (To be endorsed on the instrument presented for registration). (Date). This is to certify that the within-written (transfer, charge, &c.) is made under the provisions of [state the statute or (n) See Rule 226. (o) See Rule 229. (p) See Rule 233. (q) See Rule 237. (>') See Rule 239. PRACTICAL FORMS. 327 other authority under which it is made] and is authorized thereby, and may be registered. (To be sealed by Queen Anne's Bounty, or the Ecclesiastical Commissioners, as the case may be). No. 70. Form 64. — Application to register a Restriction under section 58 of the Act 1875, as amended by the Act of 1897 (s). (Heading as in Form 53). (Date.) A. B. (the registered proprietor), of, &c, hereby applies to the Registrar to enter the following restriction against the title (or charge) above referred to. Restriction.— No disposition shall be registered without the consent of C. D., of, &c. (or otherwise— see examples in Forms G to 13), or an order of the Registrar. No. 71. Form 65. — Application to withdraw or modify a Restriction (s). (Heading as in Form 53). (Date.) A. B., of, &c, hereby applies to the Registrar to modify (or withdraw) the restriction registered on the (date), against the title (or charge) above referred to as follows : — [Fill in the proposed modification or in case of withdrawal omit the words " as follows."] (To be signed by the applicant or his solicitor, and all other persons interested or their respective solicitors). No. 72. Form 66. — Land Certificate (t). Land Registry. Land Transfer kcts, 1875 and 1897. Land ^^I;£mS Certificate. This is to certify that the freehold (or leasehold) land in the Parish of and County of (here fill in a short description of the land, or reference to the filed plan) is registered with absolute (qualified, good leasehold, or possessory) title under No. . Copies of the entries iu the Register (and of the filed plan of the land) are within. Dated the of , 19—. (l.s.) Note. — The description of the property to which the Certificate relates must be adapted to that by which it is described in the Register. When the registra- tion is of a possessory title only, the Certificate is to contain the following (s) See Rule 240. (t) See Rule 258. 328 PRACTICAL FORMS. notice: "The possessory title hereby certified does not aft'ect or prejudice the enforcemenl of any estate, right or interest adverse to or in derogation <>f the title hereby certified, which was subsisting <>r capable <>f arising on the day of , being the date of first registration. The form may be modified under special circumstances in such manner as the Registrar may deem necessary. Where under Rule 271 a plan is not filed, the form shall be altered ac- cordingly. Cancelled entries need not be copied, but may be referred to as "cancelled" only. No. 73. Form 67. — Authority under Rule 286. (Heading as in Form 53.) (Bate.) I, A. B., of, &c. (the registered proprietor), hereby authorize the bearer to apply at any time to the Registrar for information as to the entries in the Register of the title above referred to at the above date. (To be signed by A. B.) No. 74. Form 68. — Official Certificate of result of Search (u). District Parish No. of Title [Reference to charge or incumbrance .] (Date.) In reply to an application, dated, &c, made by A. B., of, &c, requiring a search to be made, whether [&c, stating the effect of the application] it is hereby certified that the search has been diligently made, with the following result : — (Fill in result of search.) No. 75. Form 69. — Summons on application to the Court, (v). In the Land Registry. Title No. . Mr. Justice Between A. B., Applicant, and C. D., Respondent. Let all parties concerned attend the Judge in Chambers (Court No. , Royal Courts of Justice, Strand, London) on the day named in the margin of this Summons, on the hearing of an application on the part of A. B., of, &c, for the decision of the Court upon the question (or questions) referred to in the Statement, («) See Rule 289. (r) See Rule 302. PRACTICAL FORMS. 329 a copy of which is set forth in the Schedule, or annexed to this Summons. Dated the ■ day of , 19 — . This Summons was taken out by , of , Solicitor for the Applicant [or by the Applicant in person]. To (The Schedule above referred to.) Note.— This Schedule will be a copy of the Statement settled and signed by the Registrar under Rule 300. No. 70. Form 70. — Certificate of Value (w). (Heading as in Form 1.) I, A. B., of, &c, am well acquainted with the land which is the subject of the (describe the instrument or application which is being made), and I certify that to the best of my judgment, knowledge, and belief, the present capital value thereof, together with all buildings and improvements, and timber (*/ any), does not exceed £ . Dated the dav of , 19 — . No. 77. Form 71. — Certificate of Examination of a Married Woman (x). (Heading as in Form 1.) This is to certify that on the day of , 19 — , before me, A. B., a perpetual Commissioner appointed for the County of for taking the acknowledgments of deeds by married women pursuant to the Fines and Kecoveries Act, 1833, appeared personally C. D., the wife of E. D., of, &c, and produced a paper writing, marked , bearing date the day of , 19 — , and identified by my signature. And I do hereby certify that the said C. D. was, at the time of her producing the same paper-writing, of full age and competent understanding, and that she was examined by me apart from her husband, touching her knowledge of the contents of the said paper-writing, and of the nature and effect of the application [disptosition, or other act, as the case may be] therein mentioned, and that I ascertained she was acting witli respect thereto freely and voluntarily, and assented to the same after full explanation of her rights and of the effect of the proposed application [disposition, or other act, as the ease may be]. Dated this day of , 19 — . (To be signed by the Commissioner.) (to) See Rule 330. (x) See Rule 340. 330 PB ACTIO AL FOB MS. No. 78. Form 72. — Statutory Declaration verifying a Certificate of Examina- tion of Married Woman (y). (Heading as in Form 1.) I, A. B., of, &c, solemnly and sincerely declare as follows : — I know C. D., the wife of E. D., in the certificate hereunto annexed mentioned, and that the said certificate was signed by F. G., of, &c. [Commissioner \, in the said certificate mentioned, at, &c, in my presence. To the best of my knowledge and belief, the said F. G. is not in any manner interested in the transaction giving occasion for such examination, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent so interested or concerned. And I make, &c. No. 79. The Second Schedule. Solicitor's Remuneration (z). Part I. Scale of Charges for First Registration with Absolute or Qualified Title. For the first £1000 in value, 30s. per £100. For the second and third £1000, 20s. per £100. For the fourth and each subsequent £1000 up to £10,000, 10s. per £100. And for each subsequent £1000 up to £100,000, 5s. per £100. A minimum charge of £3 is to be made where the value is under £100, and a minimum charge of £5 where the value is £100 or over. Fractions of £100 under £50 are to be reckoned as £50. Fractions of £100 above £50 are to be reckoned as £100. Where the value exceeds £100,000, the charge is to be as on £100,000. 0/) See Rule 340. (2) See Rule 330. PRACTICAL FORMS. 331 Part II. Scale of Charges for (1) First Registration with Possessory Title, and (2) Transfers, Charges, Exchanges, and Partitions of Registered Land or a Registered Charge. Value of land or amount of charge. Scale of charges. Not exceeding £1000 Exceeding £1000 and £20,000. Exceeding £40,000. not exceeding: ^20,000 and not exceeding Exceeding £40,000 10s. Gd. for every £100 or part of £100. £5 5s. for the first £1000 and £1 Is. for every subsequent £2000 or part of £2000. £15 15s. for the first £20,000 and £1 Is. for every subsequent £4000 or part of £4000. £21 for the first £40,000 and £1 Is. for every subsequent £10,000 or part of £10,000 up to a maximum of £26 5s. Scale of Fees (a). Subject to the Rules hereinafter contained, ihe following fees shall be charged for the several matters hereunder specified. (A.) Entry of first proprietorship of land with a possessory title, except as in paragraph (0) ; registration of charges, and. transfers of land (except as in paragraph (C), and not being by way of partition or exchange), made for valuable consideration other than marriage ; and removal of land from the Register : — Value of land or amount of charge. Fee. Not exceeding £1000 Is. Gd. for every £25 or part of £25. Exceeding £1000 and not exceeding £3000. £3 for the first £1000, and Is. for even* £25, or part of £25, over £1000. Exceeding £3000 and not exceeding £10,000. £7 for the first £3000, and Is. for every £50, or part of £50, over £3000. Exceeding £10,000 £14 for the first £10,000, and Is. for every £100 or part of £100, over £10,000, up to a maximum of £25 for £32,000. (B.) Registration of transmissions, and of transfers not falling within paragraphs (A) or (C), and of charges by way of additional (a) See the Land Transfer Fee Order, 1903, dated December 18, 1903, made in pursuance of section 112 of the Land Transfer Act, 1875, and of section 22 of the Land Transfer Act, 1897. An explanatory memorandum as to the changes in fees introduced by this Order is published. 332 PRACTICAL FORMS. or substituted security ; rectification of the register under the 05th section of the Art of 1875; and entries and corrections under Rules 151, 154 to 156, and 1 7 4 : — Is. per £100, or part of £100, of the capital value of the interest dealt with ; with a maximum of £2. (C.) Entry of first proprietorship of leasehold land, where the original lessee or his personal representative is the applicant, with possessory title or good leasehold title ; entry of first proprietorship of freehold land with a possessory title on the occasion of a grant, wholly or partly in consideration of a rent ; and registration of the transferee on a transfer of freehold land on a like occasion : — (a.) In respect of the average rent, 2s. for every £10, or part of £10, a year. (b.) In respect of the money payment or premium (if any), the same fee on its amount as is prescribed for a transfer under paragraph (A). Provided that no greater fee than £10 be payable in any case. (D.) Entry of a notice, under Section 50 of the Land Transfer Act, 1875, of a lease or sub-lease by way of security for money actually advanced or to be advanced; the same fee as that for registration of a charge for the amount secured : except where a charge is also delivered at the same time in respect of the same advance, in which case the fee for entry of such notice shall be Is. per £100, or part of £100, of the amount secured, with a maximum of ten shillings. (E.) Entry of first proprietorship of land with an absolute title, good leasehold title, or qualified title, except as provided in paragraph (C) : — Three times the fee prescribed for registration of a possessory title, with a minimum fee of £3. (F.) Registration of proprietorship of an incumbrance prior to registration, except where registered on the entry of first proprietor- ship of land with an absolute title, good leasehold title, or qualified title ; and of a transfer or transmission thereof: — The same fee as for registration of a charge, or of a transfer or transmission thereof respectively. (G.) A Land Certificate or Certificate of Charge, except where required by the Acts or Rules to be issued free of charge : — Where the value of land or charge does not exceed £1000 exceeds £1000 and in either case such further fee as the Registrar shall authorize for copies of plans. (H.) Altering a Land Certificate or Certificate of Charge to correspond with the Register, except where such alteration is required by the Acts or Rules to be made free of charge, or is made at the same time as some entry in the Register: — £ 8. <1. 10 1 £ >-. (i. 5 10 sh all authorize £ s. d. ...10 ... 10 5 5 5 PRACTICAL FORMS. 333 Where the value of the land or charge does not exceed £1000 exceeds £1000 and in either case such further fee as the Registrar shall for altering or preparing copies of plans. < L ) (1.) Registering an inhibition (2.) Alteration or withdrawal of an inhibition (3.) Registering a caution, restriction, or priority notice 10 (4.) Alteration or withdrawal of a caution, or restric- tion (5.) Annexing conditions to land (6.) Discharging or altering conditions (7.) Entering notice of an estate in dower or by the curtesy ... ... ... ... ... 5 (8.) Entering a note or notice under the 18th Section of the Act of 1875 ... ... ... 5 (9.) An entry negativing or altering implied cove- nants, powers, priorities, &c. ... ... 5 (10.) Filing a supplementary statement of incum- brances ... ... ... ... ... 5 (11.) Entering notice of a lease or sub-lease (not being a lease or sub-lease by way of security for money) ... ... ... ... ... 5 (12.) Any entry or cancellation on the Register for which the Registrar considers a fee should be chargeable and for which no other fee is provided ... ... ... ... ... 5 (13.) Entering an additional address for service ... 2 6 (14.) Entering notice of deposit or intended deposit of a Certificate ... ... ... ... 1 (J.) (1.) Preparing or settling a statement for the Court 10 (2.) Examination of a married woman by an officer of the Registry 10 (3.) Comparing abstracts with deeds by officers of the Registry — per hour ... ... ... 10 (4.) Certificate of result of official search : — (a) of the Register — per title ... ... 5 (b) of the index of proprietors' names — per name 5 (c) of the index map ... ... ... ...0 5 and if the land in "\ Such further fee, according respect of which the ( to the time aud labour search is made ex-?* employed, as the Registrar ceeds an acre ... ) shall authorize. (5.) Furnishing information under Rule 286 ... 5 £ «. ,i. 5 5 1 6 1 3 334 PRACTICAL FORMS. (6.) A Summons ... ... ... ^ ... (7.) Inspection of any document not referred to on the Register (8.) Taking an affidavit or declaration (9.) Each exhibit thereto (10.) Office copies — per folio... ... (11.) Copies of plans Such charges, according to time and labour em- ployed, as the Registrar shall authorize. Rules. 1. All fees, the amount of which is immediately ascertainable, shall be paid on the delivery of the application. 2. Where the amount of a fee is not immediately ascertainable, or where expenses for advertisements or otherwise will be incurred by the registry, such deposit on account shall be made as the Registrar shall require. 3. All fees shall be paid in Land Registry stamps, impressed or adhesive, as laid down in the order in that behalf made under the Public Offices Fees Act, 1879. Land Registry stamps shall be purchasable in the Registry, and may be paid for by banker's draft or by postal or post-office order or by cheque drawn to the order of The" Land Registry or the Registrar or Assistant Registrar, or in Bank of England notes or cash. Provided that when the fees are paid by cheque the registration shall not be completed until due time has been allowed for the cheque to be cleared, and that if the cheque is not honoured, the application for registration shall be cancelled and the document tendered for registration returned to the applicant. Remittances by post not exceeding Is. may be made in postage stamps. 4. The above fees include, in the matters to which they relate, all necessary stationery and mapping done in the Registry ; the pre- paration, issue, endorsement, and deposit of certificates, wherever such issue, endorsement, or deposit is obligatory; discharges of incumbrances ; the filing of auxiliary documents (if any) ; and all other necessary costs of and incidental to the completion of each registration or transaction. They also include, in districts where registration of title is compulsory, any surveying that may be necessary to enable the land to be identified on the ordnance map. 5. Where a first registration takes place on the enfranchisement of a copvhold, or on the purchase of a leasehold by the reversioner, or of a reversion by the leaseholder, or where a mortgagee purchases the equity of redemption, or on any other like occasion, the fee may, if the Registrar shall think fit, be calculated on the value of the interest last acquired, and not upon the value of the applicants' combined interests in the land. In such case no entry of value need be made in the Register. PRACTICAL FORMS. 335 6. Where a disposition is delivered for registration on the day on which an application for the first registration of the lanrl is delivered, no fee shall be payable in respect thereof. If it is delivered subse- quently, but within 7 days after the application to register the land is delivered, the fee shall be calculated under paragraph (B). 7. On an application for registration with an absolute title of land in a district where registration is compulsory on sale, the land being already registered or in course of registration with a possessory title, and the applicant being a purchaser on sale : — (a.) A portion of the fees prescribed bv paragraph (E) shall, at the request of the applicant, and unless the Registrar in his discretion determines the contrary, be deferred as hereinafter provided. (b.) The following sums shall in any event be paid on the delivery of the application, namely: — Where the value of the land does not exceed £1000, £2. Where the value exceeds £1000, £2 for the first £1000, and £1 for every £1000 or part of £1001), up to a maximum of £33 for over £31,000. Provided that where the fee payable under this para- graph becomes chargeable within 14 days after the pay- ment of any other fee (except a fee for first registration with possessory title) the lesser of the two fees shall be allowed for or remitted as the case may be. (c.) The remainder of the fee shall be noted on the register as deferred, and so long as any part thereof is unpaid, the fees for registration of transfers for value and charges shall be increased by one-halt — the amount of the increase in each case being applied in reduction of the deferred fee. Provided that where the value of the land does not exceed £1000, and a Building Society, Friendly Society, or Industrial and Provident Society has, before the title is made absolute, advanced not less than half the value of the land on the security of a registered charge, the deferred fee shall be remitted. (d.) The registered proprietor may at any time, if he wishes, pay off wholly, or in part, the amount of the deferred fee for the time being remaining unpaid. (e.) The fees of conveyancing counsel and any costs or expenses incurred by the Registry on the application shall be borne by the Registry. (/.) Where an application for registration with absolute title is wholly refused, the following sums shall be retained by the Registry, but the remainder of the fees paid shall be returned to the applicant : — 336 PRACTICAL FORMS. Value of the land. Sums to bo returned. Not exceeding £1000 Exceeding £10 nd not exceeding £10,000 Exceeding £10,000 £ 8. '/. 5 in 1 (g.) No fee shall be charged in respect of any application delivered while the application for absolute title is pending. 8. AVhere an application for first registration with absolute title, to which Rule 7 does not apply, is altogether refused, or where an application for registration with absolute title is completed with a qualified or good leasehold title, such abatement (if any) in the fee may be made as the Registrar may deem reasonable in the circum- stances of the case. 9. The fees payable in respect of any matter involving an inquiry into title are, except where herein otherwise provided, exclusive of the fees of counsel and of any costs or expenses incurred by the Registry in regard to the matter. 10. Where land, already registered with a possessory title, is to be registered with a qualified good leasehold or absolute title ; or where land, already registered with a qualified or good leasehold title, is to be registered with an absolute title, the Registrar may make such abatement (if any) in the fee as he shall deem reasonable. 11. The fee for an entry (except the entry of a notice of deposit or intended deposit) in, or withdrawal from, the Register affecting several titles whereof the same person is registered as proprietor shall be the same as for an application respecting one title only. In other cases an extra fee of 2s. 6d. shall be charged for every title affected after the first. 12. Where a transfer for value and a charge by the transferee are registered together only half the usual fee shall be paid in respect of the charge. 13. The fee for first registration of leasehold land shall include the entry of a notice of the lease against the lessor's title if registered. 14. Where a transfer of freehold land in consideration of a rent, or a transfer by which mines and minerals are dealt with separately, is registered, the fee shall not include the registration of the pro- prietor of the rent, or of the severed land or mines and minerals respectively, as the case may be, for which a separate fee shall be payable as on a transfer of land. 15. No fee shall be payable for any entry of, or in respect of a caution, inhibition, restriction, condition, note, or notice of any kind by the Acts or Rules made necessary on (a) the first registration of land, or (b) any registration for which an ad valorem fee is payable. IG. The amount of an average rent for the purposes of this order shall be ascertained in the same manner as for the purposes of Inland Revenue (Stamp Duty. PRACTICAL FOB MS. 337 17. Where an instrument or application affecting two or more titles or charges is registered as to some or one only of the titles or charges affected thereby, the fee payable shall be the same as that which would have been payable if it had been registered as to all the titles or charges affected by it. If the instrument or application is afterwards registered as to any other titles or charges a further fee of 2s. 6d. shall be paid for every title or charge so affected. 18. Where a charge or incumbrance is also secured on un- registered land or other property as well as registered land, the amount of tlie charge shall for the purpose of this order be reduced to the sum which bears the same proportion to the whole sum secured that the value of the registered land bears to the value of the whole security. 19. The fee on a charge by way of additional or substituted security shall not exceed that upon a charge for a sum equal to the value of the land after deducting the amount secured on it by registered charges at the date of the registration of the additional or substituted charge. 20. The word " land " includes both freehold and leasehold land, and every hereditament the title to which may be registered under the Land Transfer Acts. 21. Where boundaries are to be noted on the Register as "accu- rately defined," such additional charges may be made to cover the cost of the necessary inquiries, mapping, surveying, and notices as the Eegistrar shall in each case deem reasonable. 22. Where land is transferred for valuable consideration other than marriage, subject to a registered incumbrance or charge, the fee payable shall be calculated on the amount of the purchase money, or, where the consideration given is not money, on the value of the equity of redemption. 23. Where land subject to a registered charge or incumbrance is transferred discharged from the charge or incumbrance, and a new charge in favour of the proprietor of the old charge or in- cumbrance is delivered on the same day as the transfer, the fee payable on the registration of the transfer shall be calculated on the consideration expressed to be paid in the transfer after deducting the amount of the new charge or charges. 24. Where, on the cessation of a charge, a new charge is delivered in favour of the proprietor of the former charge, the fee payable on the new charge, in so far as its amount does not exceed the former charge, shall be calculated at the rate stated in paragraph (B). 25. When two or more Rules allowing abatement of fees are applicable to the same case, their effect shall not be cumulative, but the applicant may elect which one of them shall be applied. 26. This Order may be cited as The Land Transfer Fee Order, 1903, and shall come into operation on the first day of January, 1901. We concur in the above Order. Balcarres. Treasury Chambers, Aihvijn E. Felloives. December 19, 1903. z ;i:;s PRACTICAL FORMS. (1) To be left blank. No. 80. Form 1. — Memorial of a Deed made between Parti* s. Year 19—. B. No. 0). LAND KEGISTEY— MIDDLESEX DEEDS ACTS, (b) Land Ei:gistry Stamp 5/- Memorial of a Deed. Particulars for the Index. (2) Names only of grantors, re- lea.-iug parties, &c. (as in the deed). No ad- dresses, &c., to be given here. (3) Parish where the land is situate (as in the deed). Grantor's surname (2). Grantor's Christian name (2). Parish (3). Goodtitle Robert Harrow Full Particulars of Deed : — Date of deed— 15th of January, 1894. Parties— ( 4 ) Kobert Goodtitle, of Brentford, Solicitor. Alfred Sterling, of 62, High Street, Kensington, Gentleman. Messuage and lands 5a. 2r. 15p., situate at Harrow, and called Broadmead. Instrument to be delivered to . (4) Names, addresses, and descriptions of all parties, as in the deed, each on a fresh line. Followed by (on a fresh line) " Descrip- tion of lands affected," as in the deed. As to plan (if any), see rule 4. Where the description of land in an endorsed or annexed deed is made by reference to that contained in the prior deed the description contained in such prior deed should be also set out in the memorial; except that, where a memorial of such prior deed Las been registered a reference to the year book and number of its registration shall be sufficient without setting out the full description contained in such deed. The same rule applies to reference to deeds, ivherevf memorials have been registered, contained in supplemental deeds (c). (6) All powers under the Middlesex Registry Act, 1708, and any Acts amending it were transferred to the Registrar of the Land Registry, by the Land Registry (Middlesex Deeds) Act, 1891. (c) The following paragraphs of the Land Registry (Middlesex Deeds) Act, 1891, schedule 1, and the Land Registry (Middlesex Deeds) Rules, 1892, rules 2 to 6, and forms, should be consulted before filling up this form : — 2. In case of deeds and conveyances, the memorial shall be under the hand and seal of some or one of the grantors, or some or one of the grantees, his or their heirs, executors, or administrators, guardians, or trustees, attested by one witness, such witness, where practicable, to be a witness to the execution of PRACTICAL FORMS. 339 The Margins should be left clear. If more sheets than one be used, the party executing and the witness should initial here. Sheets specially prepared for followers are issued, and should be used. such deed or conveyance, which witness shall, upon his oath, prove the signing and sealing of such memorial, and where such witness is a witness to the deed or conveyance, the execution of the deed or conveyance mentioned in such memorial. 3. In case of wills, the memorial shall be under the hand and seal of some or one of the devisees, his or their heirs, executors, or administrators, guardians, or trustees, attested by one witness, who shall, upon his oath, prove the signing and sealing of such memorial. 4. A certificate of such oath shall be endorsed on the memorial, and shall be signed by the person before whom the oath has been taken. 5. Every memorial of any deed, conveyance, or will, shall contain the day of the month, and the year, when such deed, conveyance, or will bears date, and the names and additions of all the parties to such deed or conveyance, and of the devisor or testatrix of such will, and of all the witnesses to such deed, con- veyance, or will, and, where practicable, the places of their abode ; and shall express or mention the lands and hereditaments contained in such deed, con- veyance, or will, and the names of all the parishes within the county where any such lands or hereditaments are lying and being, that are given, granted, con- veyed, devised, or any way affected or charged by any such deed, conveyance, or will, in such manner as the same are expressed or mentioned in such deed, conveyance, or will, or to the same effect. 6. Every such deed, conveyance, and will, or probate of the same, of which such memorial is so to be registered as aforesaid, shall be produced to an officer of the Registry at the time of registering such memorial. 7. Where there are more writings than one for making and perfecting any conveyance or security which name, mention, or anyways affect or concern the same lands or hereditaments, it shall be a sufficient memorial and register thereof if all the said lands and hereditaments, and the parishes wherein the same lie, be only once named or mentioned in the memorial or register of any one of the deeds or writings made for the perfecting of such conveyance or security, and that the date of the rest of the said deeds or writings relating to the said con- veyance or security, with the names and additions of the parties and witnesses, and the places of their abodes, be only set down in the memorials and registers of the same, with a reference to the deed or writing whereof the memorial is so registered, that contains or expresses the parcels mentioned in all the said deeds, and directions how to find the registering the same. 14. Any person deriving title under an instrument (capable of registration under the Acts relating to the Middlesex Registry) which confers on him the right to apply for registration, with a possessory title of the land comprised in it under the Land Transfer Act, 1875, may at his option either register a memorial of an instrument under the Acts relating to the Middlesex Registry, or apply for registration with a possessory title under the Land Transfer Act, 1875. Such registration shall, when completed, bear the same date as the application, and render unnecessary the registration of the instrument under the Acts relating to the Middlesex Registry. No fee shall be paid on such application other than the fee for the registration, under the Land Transfer Act, 1875, and if the application is made by a purchaser, no declaration as to possession shall be required. In the event of an absolute title being afterwards applied for and obtained, allowance shall be made for the fees payable on the registration with possessory title. 340 PRACTICAL FOHMS. No. 81. Form 2. — Memorial of a Deed Toll or other Instrument of a like nature. (1) To be left blank. (2) Fill in whether memor- andum, deed poll, agreement, &c. Year 19- B. No.- o- LAND EEGISTEY— MIDDLESEX DEEDS ACTS. Memorial of a Deed Poll ( 2 ). Particulars for the Index. (3) Names only (as in the instru- ment). No addresses, *c, to "be given here. (4) Parish ■where the land is situate (as in the deed). (5) Name, address, and description as in the instru- ment. Followed by (on a fresh line) " Descrip- tion of lands affected," as in the instrument. Grantor's surname (3). Grantor's Christian name (3). Parish (4). Sterling Alfred Harrow Full Particulars of Instrument 1894. Date — 20th of January Grantor — ( 5 ) Alfred Sterling. Messuage and lands 5a and called Broad mead. 2r. 15p., situate at Harrow, As to plan (if any), see rule 4. Where the description of land in an endorsed or annexed deed is made by reference to that contained in the prior deed or (in any case) to a recital, the description con- tained in such prior deed or recital should be also set out in the memorial ; except that where a memorial of such prior deed has been registered a reference to the year book and number of its registration shall be sufficient without setting out the full description contained in such deed. The same rule applies to reference to deeds, whereof memorials have been registered, contained in supplemental Deeds. The Land Registry (Middlesex Deeds) Act, 1891, schedule 1, paras. 2 to 6, 9, and 14 and the Land Registry (Middlesex Deeds) Rules, 1892, rules 2 to 6, and forms, should be consulted before filling up this form. See n. (c) to last form. Tlie Margins should be left clear. If more sheets than one be used, the person executing and the witnesses should initial here. Special sheets are issued for followers, and should be used where required. PRACTICAL FORMS. 341 No. 82. Form 3. — Memorial of a Will. Year 19—. B. No. Q). b £> k To be kft LAND REGISTRY— MIDDLESEX DEEDS ACTS. Land Registry Stamp 5/- Memorial of a Will ( 2 ). Full Particulars of Will ( 2 ) :- Date of Will— 23rd of October, 1837. Testator— ( 4 ) Robert Goodtitle, of Brentford, Solicitor. Messuage and land, 5a. 2r. 15p., situate and called Broadmead. (2) Add " and codicils " if any requiring registration. Particulars for the Index. Testator's Surname. (3) Testator's Christian Name. (3) Goodtitle Robert WILL (3) Name only of testator (as in the will). No address.&c, to be given here. (4) Name, address, and description of testator, as in the will. Followed by (on a fresh line) ** Description of lands affected," as in the will. If the death be after 3ist December, 1881, a devise of trust at HaiTOW, and mortgage estates need not be mentioned. The Land Registry (Middlesex Deeds) Act, 1891, schedule 1, paras. 2 to 6, and 14, and the Land Registry (Middlesex Deeds) Rules, 1892, rules 2 to G, and forms, should be consulted before tilling up this form. (See n. (c) to Form No. 31, supra.) The Margins should he left clear. If more sheets than one be used, the person executing and the witness should initial here. Sheets suitable for followers arc issued, and should be used. No. 83. (l) Leave blank. -r-? r> /»/-?■/»• /» ~l r ('-') This stamp Form of Certificate of Satisfaction of a Mortgage, cannot be ta- -vr -i r> -r> at /l\ Registry, but a Year 19— . B. ho. Q). snppiyof stamped forms LAND REGISTRY -MIDDLESEX DEEDS ACTS. is k f tbc T re - (3) See Land Registry— Middlesex Deeds Act, 55. In practice it is not usual to adopt this form in the case of legal mortgages ; a memorial of the re-conveyance In the matter of the Mortgage, registered in the SStaSeSu*" year 19 — . B. No. ( 4 ). (4)Fininthe Land Registry Impressed Stamp. (1) 6/- Certificate of Satisfaction of a Mortgage ( 3 ). 342 I'll ACTIO AL FORMS. I (we) ( 5 ). reference to the — registration of n p the moil Ul : " — adding further CERTIFY that all Slims OI money owing OH the mort- charges (if any) gage (and further charges) above referred to are paid or references. (5) Fill In the nann', address, — and description ut the rnort- gagee, his execu- tors, or adminis- trators. [Two witnesses are required, both of whom must verify, either by oath at the ( G ) Signature registry or by affidavit (unstamped), made before a Commissioner for °; mortgagee, ( laths. See Form 4 to Rules of 18112. In the case of executors or ad- 1' 1S executors, or ministrators, the affidavit should identify them as the executors and administrators, administrators of the mortgagee. The affidavit may be endorsed on this form,] satisfied in discharge thereof. ex "Witnesses. This certificate is lodged by- The Act of 1708, sec. 17 (revised statutes), and of 1891, sec. 5, and rules 2, 5, should be consulted before filling up this form. The Margins should be left clear. Note.— Under Eule 13 the Registrar has power to decline any search which shall appear, for sufficient reason, to be impractic- able to complete. If a large number of entries arc likely to be found, a deposit to meet the extra fee (is. for every 5 entries or less after the first 10) should be left. No. 84. Requisition for Official Search. LAND KEGISTBY— MIDDLESEX DEEDS ACTS. Kequisition for Official Search. Land Registry Stamps for the Fee to be affixed here. Fees : For 10 years or less Is. Gd., for every further period of 5 years (or less) 2s. dd. I require an official search to be made in the index for the years to (inclusive) for all entries appearing therefrom to affect lands in the parish(es) of entered against the following name : — (d) Surname. Christian name. The certificate will be required to be ready [or to be sent by post] on the of next (e). (d) Only one name to be included in each requisition. (e) To be not less than six clear days from the leaving of the requisition in the office (Rule 11). PRACTICAL FORMS. 343 (If the certificate is to be sent by post, a stamped and addressed envelope rnust be left with the requisition.) Applicant's signature, . Address, . Date, . No. 85. Land Eegistry. Application. No. A. B., of , in the county of , Esq., having become entitled to or interested in the estate registered in the name of , of , in (or, part of), the hereditaments in the parish of , in the county of , numbered — on the Eegister of Estates, with an indefeasible title in the manner following, namely, by virtue of a deed of , dated the • day of , 19 — , hereby requests the Eegistrar of the office of Land Eegistry to register the same accordingly. Dated this day of , 19 — . Tl b lS? b Sfi"JS£?5l -, solicitor for the appli- or his solicitor. The address of solicitor to be furnished. cant. No. 86. Land Eegistry. Declaration attesting Execution of Instrument and identifying Owner. {Official Form.) I, , of ■ , a solicitor of the Supreme Court of Judicature, do solemnly and sincerely declare that I am well acquainted with , the person named in the deed of , dated the day of , 19 — , marked "A," now produced to me. That I saw him sign, seal, and as his act and deed deliver the same deed. That the name ■ at the foot thereof is in the handwriting of the said , and that the said is the same person as , who is named in the record of title of the hereditaments numbered on the Eegister of Estates with an indefeasible title in the office of Land Eegistry. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. (Signature.) 344 rra ctica l forms. PART XXXIV.— LEAVE TO DEFEND. No. 1. Affidavit for obtaining Leave under Order XIV. to Defend an Action (a). 10—, — , No. . In the High Court of Justice. King's Bench Division. Between, &c. I (the deponent), of, &c, Grocer, the above-named defendant, make oath and say as follows : — 1. (Here show a prima facie defence on the merits, or set up a valid counter-claim connected with the claim or a set-off, e.g. in an action on a hill or note state such facts as would show fraud or illegality at the inception of the transaction, as that) I, desiring to raise a sum of money, drew a bill of exchange (b) for pounds, at months' date, and gave it to the plaintiff (c) for the express purpose of his getting it discounted for me. 2. He fixed a day (d) to bring back the said bill or the money, but has never yet brought either back to me. Sworn, &c. (as in Part II., Form No. 1.) Filed on behalf of (The deponent.) No. 2. Another Form. 19_ _ No. In the High Court of Justice. King's Bench Division. Between, &c. I (the deponent), of, &c, Grocer, the above-named defendant, make oath and say as follows : — 1. I am advised and believe that I have a good defence to this action on the following grounds : — 2. On the day of , 19 — , I paid A. B., as the agent of the above-named plaintiff, the sum of £ on account of the sum (a) This is an extension of the summary procedure under the Bills of Exchange Act, 1855, and is available whenever a specially indorsed writ can be issued under Rules of Supreme Court, 1883, Ord. 3, r. 6. The affidavit in opposition should be made by the defendant though this is not absolutely necessary, Shelford v. Louth Railway Co., 4 Ex. D. 317. United Founders Trust v. Fitz- george, 7 Times, R. 620. As to the contents of the affidavit, see O. 14, r. 3, and Annual Practice, 1905, 131, 132. For a form of plaintiff's affidavit in support of application for judgment, see Rurmctdes v. Mesquita, 1 Q. B. D. 410. And for the form of an affidavit by plaintiff in reply, see Dams v. Spence, 1 C. P. D. 219. (I>) Or, — promissory note. (c) ,— .£ e3 *. \j G Joes a K u o 9> « *"3 G *2 T3 r3 sa s Note. — If the deceased died on or after the 1st June, 1881, every pecuniary legacy or residue, or share of residue, although not of the amount or value of £20, is charge- able with duty by the Customs and Inland Revenue Act, 18S1 (44 & 45 Vict. c. 12), s. 42. Bates of Duty, by the Stamp Act, 1815 (55 Geo. III. e. 184), and the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8), and the Finance Act, 1894 (57 & 58 Vict. c. 30). Tbe description of the legatee must be in the following words of the Act. (') Children of the deceased, and them Descendants, or the Father or Mother! or any Lineal Ancestor of the deceased, I or the Husbands or Wives of any such! Persons J Brothers and Sisters of the deceased,] and their Descendants, or the Husbands > or Wives of any such Persons j Brothers and Sisters of the Father or j Mother of the deceased, and their De-I scendants, or the Husbands or Wives off any such Persons J Brothers and Sisters of a Grandfather] or Grandmother of the deceased, and their I Descendants, or the Husbands or Wives | of any such Persons J Any Person in any other Degree of I Collateral Consanguinity, or Strangers) in Blood to the deceased J Out of Personal Estate. Out of Real Estate, if the deceased died before the 1st July, 1888, or if Estate Duty under the Finance Act, 1894, has been paid upon the property. 1 per cent. 3 do. 5 do. G do. 10 do. Out of Real Estate, if the deceased died on or after the 1st July, 18^8, and Estate Duty under the Finance Act, 1894, has not been paid upoii the property. 1\ per cent. 41 do. 6i do. 7.| do. 1U do. (') Persons otherwise chargeable with duty at the rate of 1 per cent, are exempt in respect of any legacy, residue, or share of residue payable out of, or consisting of, any estate or effects, upon the value whereof duty shall have been paid on the affidavit or inventory, in conformity with the Customs and Inland Revenue Act, 1881 ; or where Estate Duty, under the Finance Act, 1894, has been paid upon the value of the property, and the same passes under the deceased's will or intestacy. The husband or wife of the deceased is not chargeable with duty. Relations of the husband or wife of the deceased are chargeable with duty at 10 per cent., or 11J per cent., as the case may be, unless themselves related in blood to the deceased. 2 A 354 PRACTICAL FORMS. Interest. Interest at the rate of 3 per cent, per annum is chargeable upon all Lciraev I hity in arrear, under the provisions of the Finance Act, 1890 (59 X- m Vict. c. 28), s. 18 (2). No. 2. Receipt for Annuities wider Wills. Form No. 2. Inland Revenue. Here state the name and \ address of the person who | forwards this account. ) The form when filled up should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked "Account." If preferred, the account may be left at the office by hand. In suitable cases an appointment will be arranged. OBSERVE. — Where annuities are payable out of a blended fund of Personal Estate and Real Estate directed to be sold, or are charged on Real Estate in aid of Personal Estate, by a person dying after 30th June, 1888, and before 2nd August, 1894, Form No. 12 should be used. Money should not be remitted until this form has been delivered by the parties, and the amount payable and the mode of payment have been notified to them. BEGISTEK of the Year 19 , Folio (i) iteai or On account of the (*) Estate of personal - late of who died on the day of 19- Names and addresses of] the accounting parties, and in what capacity they act. J (j) state Acting under probate of will, or administration with will Registry, annexed issued by the ( 2 ) Registry of the Probate Division of the High Court of Justice on the day of , 19—. PRACTICAL FORMS. 155 Name and date of birth of the annuitant, with the name and age of the life or lives, or the number of years for which the annuity is to endure. Degree of rela- tionship must be stated in the words of the Act, as on the other side. | Amount of the annuity. Age or ages, or No. of yrs. when annuity com- menced. Value R f 1 of of the du 'y annuity. P« Amount of duty. Is it intended to pay the whole duty in advance, under discount ? Reply The o ° r - Duty (as above) is assessed. I Succession j J v ' The Instalment of this duty (chargeable upon a capital of £ „ „ ) amount to m £ Discount or interest thereon £ Somerset House, Londo?i, W.C. day of , 19—. 5> 5> 5' 5» By the Commissioners, -, Examiner Note. — Insert in the space overleaf any special matter necessary to explain the mode in which the annuity is given. Eeceipt for Duty. Received the day of , 19 — , the sum of £ , being the amount mentioned in the above assessment. £ Registered, pro Accountant) pro Cashier [ For Acct. and Compt.-Genl. of Inland Revenue. (2) or, Retained 'Received ( 2 ) the day of , 19 — , the sum of in trust. -, • ,, ,'' - » , being the year s payment of my annuity above-mentioned, having first allowed or paid ■ for the duty thereon. 35G PRACTICAL FORMS. (*>0 J3 C - u g 8 5 p ICO r i mod Is jri S*S a) >, .'-S5| — _ a = ~ ■ '3 = = go.S g«g.a Note. — If the deceased died on or after the 1st June, 1881, every pecuniary legacy oi residue, or share of residue, although not of the amount or value of £20, is charge- able with duty by the Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12), s. 42. Bates of Duty, by the Stamp Act, 1815 (55 Geo. III. e. 184), and the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8), and the Finance Act, 1894 (57 & 58 Vict, c. 30). The description of the legatee must he in the following words of the Act. Out of Personal Estate. Out of Real Estate if the deceased died before the 1st July, 1888, or if Estate Duty under the Finance Act, 1894, has been paid upon the property. (*) Children of the deceased, and theifj Descendants, or the Father or Mother I or any Lineal Ancestor of the deceased,/ or the Husbands or "Wives of any such Persons ' Brothers and Sisters of the deceased,) and their Descendants, or the Husbands I or Wives of any such Persons ) Brothers and Sisters of the Father or] Mother of the deceased, and their De-I scendants, or the Husbands or Wives of j any such Persons J Brothers and Sisters of a Grandfather] or Grandmother of the deceased, and their I Descendants, or the Husbands or Wives! of any such Persons J; Any Person in any other Degree of) Collateral Consanguinity, or Strangers) in Blood to the deceased I 1 per cent. 3 do.. 5 do. 6 do. 10 do. Out of Real Estate if the deceased died on or after the 1st July, 1888, and Estate Duty under the Finance Act, 1894, has not been paid upon the property. 1£ per cent. 4£ do. 6§ do. 7J do. 11 % do. (') Persons otherwise chargeable with duty at the rate of 1 per cent, are exempt in respect of any legacy, residue, or share of residue payable out of, or consisting of, any estate or effects upon the value whereof duty shall have been paid on the affidavit or inventory in conformity with the Customs and Inland Revenue Act, 1881, or where Estate Duty, under the Finance Act, 1894, has been paid upon the value of the property, and the same passes under the deceased's will or intestacy. The husband or wife of the deceased is not chargeable with duty. Relations of the husband or wife of the deceased are chargeable with duty at 10 per cent., or 11 £ per cent., as the case may be, unless themselves related in blood to the deceased. OBSERVE. — The duty on annuities is payable by four equal annual instalments, the first to be paid twelve months after the annuity commences, and the three follow- ing instalments at yearly intervals. Should the annuitant die before the four years PRACTICAL FORMS. 357 have elapsed, the date of his or her death should be communicated, in writing, to the Secretary, Estate Duty Office, Somerset House, London, W.C. The liability to account for and nay the instalments as they fall due in no way depends upon application being made by the Commissioners. The accounting parties should then themselves fill up Form No. 2 and transmit it to the Secretary, Estate Duly Office, Somerset House, London, W.C., where, or at any Money Order Post Office outside the Metropolitan Postal District, forms can be obtained. INTEREST. Interest at the rate of 3 per cent, per annum is chargeable upon the amount of all instalments in arrear, and discount at a like rate will be allowed upon the amount of all instalments paid in advance. No. 3. Form of Residuary Account. Form No. 3. Inland Eevenue. Here state the name and \ address of the person who > forwards this account. ) All Personal Estate, and also, where mixed up with the Personal Estate, all moneys arising from the sale, mortgage, or other dis- position of all Keal Estate directed by will to be sold, &c, are to be accounted for upon this form, for the purpose of having the Legacy Duty assessed pursuant to the Legacy Duty Act, 1796 (36 Geo. III. c. 52) ; the Legacy Duty Act, 1805 (45 Geo. III. c. 28) ; the Stamp Act, 1815 (55 Geo. III. c. 184), and the Succession Duty pursuant to the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8), and the Finance Act, 1894 (57 & 58 Vict. c. 30). Where the Personal Estate is not chargeable with Legacy Duty, the proceeds of sale of Real Estate directed to be sold should be accounted for upon the Form No. 8 ; as also where moneys arising from the sale of Real Estate do not form part of the General Estate, but are separately given. The account, when filled up in duplicate, should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked " Account." If preferred, the account may be left at the office by hand. In suitable cases, an appointment will be arranged. OBSERVE. — Money should not be remitted until the account has been delivered by the parties and the amount payable and the mode of payment have been notified to them. DIRECTIONS. Executors and administrators, before the relaiuer of any part of the property to their own use, are to deliver the particulars thereof, and pay the duty thereon within 14 days after, under the penalty of treble the value of the duty. All rents, dividends, interest, and profits arising from the Personal Estate of the deceased, or from the Keal Estate directed by will to be sold, &c, subsequently to the time of the death, and all accretions thereon down to the time of retainer, must be considered as part of the estate, and be accounted for accordingly. 358 I'll ACTIO AL FORMS. REGISTEE of the Year 19 , Folio Affidavit. toe^wrartionS* ^ x Account ( 2 ) of the Personal Estate, and of moneys dabove. arising: out of the Real Estate of , who died on (2) Here state \\\q the naun- and day of 1!)—, exhibited by ( 2 ) the address ol the iv i utor or administrator. executor or administrator of the deceased, or trustee of the Real Estate directed by the will to be sold, &c, acting under the will or letters of administration (with will annexed) of the effects of the deceased proved in, or granted by, the ■ Registry of the Probate Division of the High Court of J ustice, on the day of , 19—. No. 1. No. 2. (3) The shares not converted into money are to be valued at the market price of the day of re- tainer. Published quotations or brokers' Certifi- cates, or letters from the secre- taries of the com- panies, showing the market price should be attached. Where there is a published quotation, a price one quarter up from the lower to the higher of the official " closing prices" should be adopted as an estimated price. For ex- ample : — Where the "closing prices" were 98 —100, the market price is 100-98 98+ -. = 98i Where the day of retainer was a day for which no prices are avail- able, the price for the day before should be taken. (4) Money and property convert- ed into money are to be inserted in column No. 1, and the date when converted affixed. (5) Property not converted into money is to be valued at the time of retainer, and its value so ascertained in- serted in column Description of property. Stocks or Funds (including Exchequer Bills) of the United Kingdom, viz. : — Stocks, Funds, or Bonds oV Foreign Countries, or of I British Dependencies and Colonies, viz. : — Proprietary Shares or De- bentures of Public Com- panies, viz. : Nominal value of stocks. s. d Dividends and Interest declared and ac- crued due in respect of the above Invest- ments to date of death Cash in the House Cash at the Bankers : — (1) on Drawing Account, and Interest (if any) thereon to date of death (2) on Deposit, and Interest thereon to date of death Money out on Mortgage, and interest thereon \ to date of death J Money out on Bonds, Bills, Promissory! Notes, and other Securities, and Interest} thereon to date of death Book Debts Other Debts Unpaid Purchase Money of Real and Lease- hold Property contracted in lifetime of the deceased to be sold Carried forward.. .£ Money received and property converted into money/ s. d Value of property not converted into money.' s. d. PRACTICAL FORMS. 359 Description of property. Brought forward... Deceased's interest in proceeds of sale of) Keal Property directed to be sold by I settlement or by will of some other person | ' whether actually sold or not ( 6 ) ... ...J Personal Property over which the deceased i had and exercised by will an absolute I power of appointment ( s ) ... ..• •••) Policies of Insurance, and Bonuses (if any)j thereon, on the life of the deceased .../ Saleable value of Policies of Insurance and Bonuses (if any) on the life of any person other than the deceased ... Furniture, Plate, Linen, China, Books, Pictures, Wearing Apparel, Jewels, and Ornaments ... ... ... Wine and other Liquors Horses and Carriages, Farming Stock, and| Implements of Husbandry J Stock in Trade Goodwill, &c, of Trade or Business, and - * Profits to date of death J Ships or Shares of Ships The deceased's share in Eeal and Personal^ Property as a Partuer in the Firm of , I as per Balance-sheet annexed, signed by j the surviving Partners J Leasehold Property directed to be sold Eeal Property directed to be sold Kents to date of death of the deceased Income to date of death, arising from Real and Personal Property of which the de- ceased was tenant for life, or for any less period (°) ... The deceased's Interest in Property, ex- pectant upon the death of , now aged years ( 6 ) Other Personal Property not comprised under j the foregoing heads, viz. : — j Honey received and properly converted into money. Value of property Dot Xo - -• and in- converted ventories and into money, proper valuations must be pro- duced. (I, As to appor- tionment of rents and other income see the Appor- tionment Act, 1870 (33 & 31 Vict. c. 35). (6) The par- ticulars of the title should be furnished, includ- ing the name of any testator and the date of pro- bate of his will, or the date of any settlement. The names and addresses of the trustees should be stated. (Insert the total of column No. 1 in column No. 2)...£ Total of Property £ Note. — Separate schedules should be annexed showing the particular details of the different items. Observe. — Was the deceased possessed for life or otherwise of any Real or Leasehold pro- perty, other than that brought into this account ? Reply: (Say '' Yes or "No.") PAYMENTS. Probate or Administration Funeral Expenses Expenses attending Executorship or Administra-l tion ministra- - ! ... ...J Carried forward... £ 3G0 PRACTICAL F011M*. (7 ) A state- ment of these deductions, signed by the lor or trator, is to be annexed. (8) Here state the particulars oi any other lawful payments and of ihe funds or others icnritiea purchased and when. Observe.— If this account is delivered in con- nection with a life tenant's death, and the required par- ticulars cannot be fully stated, the existing fund, together with any sums ad- vanced and taken out of trust, should be brought in, and a state- ment should be annexed giving all the informa- tion available. Note. — Upon reversions falling in, state the date of the death of the tenant for life. Separate papers are to be annexed to the account to show how these totals are made up. Brought forward... £ PAYMENTS— continued. (J) Debts on Simple Contract, Rent and Taxes, Wages. &c, due at the Death of the deceased, as per Statement annexed ( 7 ) Debts on Mortgage, with Interest (if any) due at the death C) Debts on Bonds and other Securities, with^ ditto ... J Pecuniary Legacies, as per Statement annexed . ( s ) purchased on the at ... (Deduct the total of the payments from the total of the property') £ Net amount of property carried forward ...£ To show BALANCE of CASH, if any. Total of column No. 1 £ „ „ Total of payments £ „ „ Cash account No. 3. Net amount of property brought forward... £ INTEREST, DIVIDENDS, RENTS, &c, SINCE THE DEATH. Rents of Real and Leasehold Estates directed to be sold) to the time of sale, if sold; if not, to the date of this> account ) Dividend on the Stocks and Funds sold to the time of sale) and of those remaining unsold, including the last) dividends ) Interest on Exchequer Bills sold or paid off to the time of) sale and payment, and of those remaining unsold, to the> date of this account ) Interest on Bonds, Mortgages, and other Securities paid off,) to the day of payment and of those outstanding, to the' date of this account (9) If the cash ( 9 ) Interest on £ balance has borne interest, the actual amount earned should be brought in. If it has not, but could have done BO, interest at 3 per cent.;per annum should be brought in. being the balance of cash in hand as on the other side, to the date of this account :::i Income on Canal, Railway, and other Shares, to the time of sale, and of those remaining unsold, and on other pro- perty, yielding an income not included in any of the above items, to the date of this account The value of the benefit accruing to the executor or other person entitled to the residue from the interest of money or dividends of stock retained to answer vested or con- tingent legacies, payable at a future day without the| intermediate interest or dividends J Total d. PRACTICAL FORMS. 3GL PAYMENTS OUT OP INTEREST, &o. Interest on Mortgages, Bonds, and other Se-"l curities, due from the estate j Interest on pecuniary legacies Payments on account of annuities Other payments, if any, viz. s. d (Deduct the total amount of these payments from thefore-\ going total) ... ... ... ... .../ Balance ... ( 10 ) DEDUCTIONS FROM RESIDUE. Debts still due from the estate Retained to pay outstanding legacies ... £ s. d. Total deductions Net residue Deduct any portion of the residue not liable to duty, or"! for which duty is paid on separate receipts, viz / Residue on which duty is chargeable (10) A schedule oT particulars of these deductions to be annexed. DECLARATION. No. 1. For use in all cases except as in No. 2. I, or we, do declare that the foregoing is a just and true ac- count, and I, or we, offer to pay the sum of £ for the Legacy Duty, at the rate of per cent, upon the sum of £ , being Q) of the said residue and moneys to which No. 2. For use only ichere the testator died after 30th June, 1888, and before 2nd August, 1894, and then only where the residue comprises Real Estate directed to be sold as well as Personal Estate. I, or we, do declare that the foregoing is a just and true ac- count, and I, or we, offer to pay the sum of £ , of which £ is the Legacy Duty at per cent, on £ the proportion representing Per- sonal Estate, and £ is the Succession Duty at per cent. on £ , the proportion repre- senting Real Estate, to which I am, or we are, entitled, and which I, or we, intend to retain to my, or our, own use, and for the use of ( c ) being ( 3 ) of the deceased. Dated this day of 19 — . (Here sign the account). (1) State whether this sum is the whole or what part of the residue. (2) Insert the christian and surnames of the residuary lega- tees or next-of- kin, and (3) their relationship or consauguiuity, in the words of the Act, as set forth on the other side. This portion to be used with either form of declaration. 362 I'll ACTIO AL FORMS. Bates of Legacy Duty payable on Legacies, Annuities, and Besidnes, hy the Stamp Act, 1815 (55 Geo. III. c. 184), and the Customs and Inland lU r nue Art, 1888 (51 & 52 Vict. c. 8). Note.— If the deceased died on or after the 1st June, 1881, every pecuniary legacy, or residue, or share of residue, although not of the amount or value of £20, is charge- able with duty; ( lostoma and Inland Revenue Act, 1881 (44 & 45 Vict, c. 22), s. 42. The description of the residuary legatee, or next of kin, is to be in the following words of the Act. (') Children of the deceased, and their Descendants, or the Father or Mother, or any Lineal Ancestor of the deceased, or the Husbands or Wives of any such Persons Brothers and Sisters of the deceased, and their Descendants, or the Husbands or "Wives of any such Persons Brothers and Sisters of the Father or Mother of the deceased, and their De- scendants, or the Husbands and "Wives of any such Tersons Brothers and Sisters of a Grandfather"! or Grandmother of the deceased, and I their Descendants, or the Husbands or[ Wives of any such Persons ... ...J Any Person in any other Degree ofl Collateral Consanguinity, or Strangers inl Blood to the deceased On Real Estate, if the ■ i. c asi t been paid upon the property. V, per cent. 4^ do. G.i do. 1\ do. Ill do. C 1 ) Persons otherwise chargeable with Legacy Duty at the rate of 1 per cent, are exempt in respect of any legacy, residue, or share of residue, payable out of, or con- sisting of, aDy estate or effects according to the value whereof duty shall have been paid on the affidavit or inventory, in conformity with the Customs and Inland Revenue Act, 1881, or where Estate Duty under the Finance Act, 1S94, has been paid upon the value of the property, and the same passes under the deceased's will or intestacy. The husband or wife of the deceased is not subject to Legacy Duty. Relations of the husband or wife of the deceased are chargeable with Legacy Duty at the rate of 10 per cent, or 11> per cent., as the case may be, unless themselves related in blood to the deceased. Observe.— Interest at the rate of 3 per cent, per annum is chargeable upon Legacy and Succession Duty in arrear, under the provisions of the Finance Act, lS9tJ, (59 & 60 Vict. c. 28), s. 18 (2). [For official use only.] ASSESSMENT. at per cent, is £ : : The Legacy Duty on the said sum of £ Interest thereon Total Legacy Duty £ The Succession Duty on the said sum of £ : : at per enit. is £ : : I Interest thereon £ : : | Total Succession Duty £ Total Duty. Somerset Bouse, London, W.C. dav of By the Commissioners, L9- Examiner. PRACTICAL FOB MS. 303 RECEIPT FOR DUTY. Received the day ° f ' 19 the sum of beino- the amount mentioned in the above assessment. ' pro Accountant ) For Acct. & Comptr.-Gcnl. of pro Cashier $ Inland Revenue. No. 4. Account for Successions to Personal Property where the Succession Duty is Payable on Capital. Form No. 4. Inland Eevenue. Here state the name and address of the person who forwards this account. This form of account is for successions to Personal Property; including settled funds, money charged by deed on Eeal Property, and the proceeds of sale of Church Patronage, whether derived under will or deed. This form should only be used where the Succession Duty is chargeable upon the capital of the property, namely — 1. Where the property passes absolutely to the person or persons entitled, or 2. Where the property passes to one or more persons for a liie or lives and afterwards to others, all the persons liable to duty at the same rate (16 & 17 Vict, c. 51, s. 32 ; 3b' Geo. III. c. 52, s. 12). Where the Succession Duty is chargeable upon a life interest only, Form No. 5 should be used. Where Estate Duty under the Finance xVct, 1894, is payable on any property included in this account, separate account of such property on Form C — 1 must be delivered. Persons otherwise chargeable with Succession Duty at 1 per cent, are exempt where Estate Duty under the Finance Act, 1894, has been paid in respect of the property under the same disposition or devolution. The account, when filled up in duplicate, should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked "Account. ' If desired, the account may be left at the office by hand. In suit- able cases, an interview will be arranged. OBSERVE.— Money should not be remitted until this account has been delivered by the parties, aud the amount payable and the mode of payment have been notified to them. 3G4 PRACTICAL FORMS. File 19— REGISTER of the Year 19 , Folio ( l ) An account of the succession to Personal Property of of O TITLE. (1) Tlease read the instructions printed above. (2) Here state tlic names of the persons who suc- ceed to the pro- . perty. (3) Insert full postal address. (4) Here state t | ip ( lpr,tVl n f the title, whether Up011 IUe UticUil VI under settlement, q^. +\\q by survivorship, or in any other from manner, and if -, ,<< under adeed or Under (/) other document the date thereof, and the names of the parties thereto. (5) The account should be de- livered and signed by the trustees, delivered by r) ani where there J are no trustees by the successor ■ or other person made accountable . by s. 44 of the 16 & 17 Vict. C. 51. day of who died 19 — , derived the predecessor Description of property. Price of stocks, &c, as to the date of the deceased's death. Value. Stocks and Shares of any description, namely : — Mortgages : — Proceeds of sale of Church Patronage (give full particulars and state date of sale), namely : — Other Property (give full particulars), Total ... £ £ s. ./. namely : — Declaration. I, or we, declare that this is a just and true account (6i insert ''air' of ( 6 ) the Personal Property to which was t he calmly be. entitled to succeed beneficially upon the death of the (7) state con- before-named , and that the said is a ( 7 ) iUio'Ac't? of the predecessor from whom the said property is iorm b r k ° f derived. Dated this (Here sign the account) day of- 19—. PRACTICAL FOB MS. 3G5 [For official use only.] Assessment. The Succession Duty on the said sum at the rate of per cent, is assessed at ... ... ... £ Interest thereon ... ... ... ... ... ... £ Somerset House, London, W.G. day of By the Commissioners, 19—. Examiner. Receipt for Duty. Received the day of , 19 — , the sum of £ , being the amount mentioned in the above assessment. £ Registered, For Commissioners of Inland Revenue. Eates of Duty by the Succession Duty Act, 1853 (16 & 17 Vict. c. 51), and the Customs and Inland Revenue Act, 18S8 (51 & 52 Vict. c. 8), and the Finance Act, 1894 (57 & 58 Vict. c. 30). ( ! ) Lineal Issue or Lineal Ancestor of the pre- decessor Brothers and Sisters of the predecessor and their descendants Brothers and Sisters of the Father cr Mother of the predecessor and their descendants Brothers and Sisters of a Grandfather or (Grand- mother of the predecessor and their de- scendants Persons of more remote consanguinity, or strangers in blood ... Where the deceased died before the 1st July, 188s, or where Estate Duty under the Finance Act, 1894, has been paid upon the property. Where the deceased died on or after the 1st July, 1887, and Estate Duty under the Finance Act, 1894, has not been paid upon the property. 1 1| per Cent. U do. 6£ do. 7j do. 11 J do. (*) Note. — The higher rates are not payable upon the interest of a successor in lease- holds passing to him by will or devolution by law, or in property included in an account according to the value whereof account duty is payable under the Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12), s. 38, or the Customs and Inland Revenue Act, 1889 (52 & 53 Vict. c. 7), s. 11. ( 2 ) Note. — Persons otherwise chargeable with duty at the rate of 1 per cent, are exempt in respect of any property which passes under the deceased's will or intestacy or under his disposition or any devolution from him, or under any other disposition under which respectively Estate Duty under the Finance Act, 1894, has been paid. The husband or wife of the predecessor is not chargeable with duty ; and a successor whose husband or wife is of nearer relationship to the predecessor is chargeable with duty at the rate at which such husband or wife would be chargeable. The relations 366 PRACTICAL FORMS. of the husband or wife of the predecessor arc chargeable with duty al 10 percent., < ~ forwards this account. ) This form of account is for successions for life to Personal Property ; including settled funds, money charged by deed on Eeal Property, and money to arise from the sale of Real Property directed by deed to be sold, also the proceeds of sale of Church Patronage whether derived under deed or will, and annuities charged on Real Property by deed. This form should only be used where the duty is chargeable upon the life interest in the property. Where the duty is chargeable upon the capital, that is (1) where the property is at once taken absolutely, or (2) where the property is taken by different persons in succession, all liable to duty at the same rate [Succession Duty Act, 1853 (16 & 17 Vict. c. 51), s. 32; Legacy Duty Act, 1796 (36 Geo. III. c. 52), s. 12], the Form No. 4 should be used. Persons otherwise chargeable with Succession Duty at 1 per cent, are exempt where Estate Duty under the Finance Act, 1894, has been paid in respect of the property under the same disposition or devolution. The account, when filled up in dutlicate, should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.O. Note. — If the duty is to be paid by instalments, the second and subsequent instal- ments should be accounted for as they fall due upon the Form No. 7. OBSERVE.— Money should not be remitted until this form has been delivered by the parties, and the amount payable and the mode of payment have been notified to them. PDA CTJCA L FOE MS. REGISTER of the Year 19 , Folio/| MIICEW \z (!) An account of the succession to Personal Property : TITI-K All of ( 2 ) .Hffi^MT perty. (3) Insert'HJf postal address. upon the death of on the from under ( 4 ) day of who died 19 — , derived the predecessor delivered by ( 5 ) (4) Here state tbe title, whether under st tt'.eruent, by survivorship, or in any other manner, and if under a deed or other document, the date thereof, and the names of the parties thereto. (5) The account should be de- livered and signed by the trustees, and where there are no trustees by the successor or other person made accountable by s. 44 of the 16 & 17 Vict. c. 51. Description of property. Annual Value. If this space be not sufficient for all the property comprised in the succession, a schedule should be annexed and the totals inserted in this account. Total ... £ £ s. d. Declaration. I, or we, declare that this is a just and true account f (6) the property, not being; Real Estate or (6) Insert " all ' was entitled to succeed benefi- ge"**? £[ ay b Leasehold, to which cially for life upon the death of the before-named - and that the said was born on the day of , 19 — , and is a ( 7 ) of the predecessor, from whom the said property is derived. Dated this day of - — , 19 — . (Here sign the account) — Is it intended to pay under discount ? Reply : (7) Mate con- sanguinity in the words of tin' Act. (See back of form.) the whole duty in advance, 3G8 ri; ACTIO AL FORMS. [For official use only. J Assessment. The value of an annuity of £ : : for a life aged is £ And the Succession Duty on this sum at the rate of- per cent, is assessed at Interest or discount thereon £ £ The first instalment of this duty (chargeable upon a capital of ... Amount to ... Interest or discount thereon By the Commissioners, Somerset House, London, W.C. day of ■ Registrar. 19- Keceipt for Duty. Received the day of , 19 — , the sum of being the amount mentioned in the above assessment Registered, pro Accountant! pro Cashier. J For Acct. and Compt.-Genl. of Inland Revenue. Where the deceased Where the deceased died before the 1st died on or after the July, 1888, or where 1st July, 1888, and Rates of Duty. Estate Duty under Estate Duty under the Finance Act, the Finance Act, 1894, 1894, has been paid has not been paid upon the property. upon the property. 1 ( s ) Lineal Issue or Lineal Ancestor of the pre- decessor 1 per cent. H per cent. Brothers and Sisters of the predecessor and their descendants 3 do. n do. Brothers and Sisters of the Father or Mother of the predecessor and their descendants 5 do. 6* do. Brothers and Sisters of a Grandfather or Grand- mother of the predecessor and their de- scendants (J do. 1\ do. Persons of more remote consanguinity, or strangers in blood 10 do. U\ do. (') Note. — The higher rates are not payable upon the interest of a successor in lease- holds passing to him by will or devolution by law, or in property included in an account according to the value whereof duty is payable under the Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12). ( : ) Note. — Persons otherwise chargeable with duty at the rate of 1 per cent, are PRACTICAL FORMS. 369 exempt in respect of any property which passes under the deceased's will or intestacy, or under his disposition or any devolution from him, or under any other disposition under which respectively Estate Duty under the Finance Act, 1.S91 (7)7 & 58 Vict, c. 30), has been paid. The husband or wife of the predecessor is not chargeable with duty, and a successor, whose husband or wife is of nearer relationship to the predecessor, is chargeable with duty at the lower rate. The relations of the husband or wife of the predecessor are chargeable with duty at 10 per cent, or at 11.1 per cent., as the case may be, unless themselves related in blood to the predecessor. OBSERVE. — 1. The duty is payable by four equal yearly instalments ; the first to be paid twelve months after the successor shall have been entitled in possession, and the three following instalments at intervals of one year each ; and, if there be any delay in payment, interest at the rate of 3 per cent, per annum will be charged. 2. Discount at a like rate will be allowed for duty paid in advance. 3. The liability to account for and pay the instalments as they fall due in no way depends upon any application being made by the Commissioners. The accounting parties should then themselves fill up the Form No. 7, and transmit it to the Secretary, Estate Duty Office, Somerset House, London, W.C., where, or at any Money Order Tost Office outside the Metropolitan Postal District, the forms can be obtained. No. 6. Account of Successions to Real or Leasehold Property. Form No. 6. Inland Kevenue. {Separate Forms are Supplied for Personal Property other than Leaseholds.) Here state the name and \ address of the person who > forwards this account. ) This form of Account is for successions to Eeal Property, which includes all Freehold, Copyhold, Customary, Leasehold, and other Hereditaments, whether corporeal or incorporeal. Where the deceased died after the 1st August, 1894, and the successor is competent to dispose of the property within the meaning of the Finance Act, 1894 (57 & 58 Vict. c. 30), Form No. 6 — 1 should be used. Persons otherwise chargeable with Succession Duty at 1 per cent, are exempt where Estate Duty under the Finance Act, 1894, has been paid in respect of the property under the same disposition or devolution. The account when filled up in duplicate should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked "Account." If preferred, the account may be left at the office. In suitable cases, an appointment will be arranged. Money should not be remitted until the account has been delivered by the parties, and the amount payable and the mode of payment have been notified to them. OBSERVE. — If the deceased died on or after the 1st July, 1888, and the title is 2 B 370 rE ACTIO AL FORMS. under a will or by descent, and the property has not paid Estate Duty under the Finance Act, IS:U, a separate account should be delivered in respect of Leaseholds for ye irs. See Uh p ige an to exemptions. List of Forms which may be required in connection with this Account. Form No. To be used in accounting for Form No. To be used in accounting for 4 7 Proceeds of Sale of Church Patronage. Second and subsequent In- stalments of Succession Duty (see page 375). 9 10 Cesser of terminable charges on Real Estate. Proceeds of sale of timber. Applications to commute Succession Duty presumptively payable upon future events in respect of Real Estate should be made in writing to the Secretary, Estate Duty Department, Somerset House, London, W.C. In general an application to commute can only be agreed to when the property is being sold or mortgaged. The reason for the application should be stated, together with the gross amount of the sale money or loan, the full particulars of the property and of the title, and the names and dates of birth of the tenants for life and in remainder. REGISTER of the Year 19 Fol 10 title. ^ N ACC0UNT (i) f th e succession in Real Property (1) Please read f x 2 \ ' f ,3v the instructions ol \ J ul \ / printed above. (2) Insert . — name of suc- (3) Insert full postal address. (4) Here state the title, whether under will, settle- ment, intestacy, upon the death of or by descent, A , and if under any On the deed or other f.-nm document, the II Om date thereof, and M-nrlpr /*\ the names of the uuucl V ) parties thereto. If under a will, state date and place of probate, or if under an intestacy state date of grant of administration and where issued. If no probate or administration taken out, ex- plain why. (5) Here state names and ad- dresses of ac- counting parties and in what capacity they act. day of who died 19 — , derived the predecessor delivered by ( 5 ) of PRACTICAL FORMS. 371 FULL DESCRIPTION OF PROPERTY. Here describe the property, giving particulars as to tenure (whether freehold, copyhold, or leasehold), stating names of tenants, and rental paid by each, or if the property is in hand, the property tax assessment (state the yross assessment, not the reduced, assessment for collection of income tax under the Finance Act, 1894, s. 35), or, if no such assessment, the gross (not rateable) value for the poor rate, and if let on dease, whether at rack rent or at a ground rent, or in consideration of a premium (in which last two cases further duty will be payable on the surrender or falling in of the lease), and the unexpired term. In the case of Leaseholds, the date of the lease, the duration of the term, and the rent should also be stated. as r° © fa !z; a« So There is (') timber on Items Nos. of the property. Sales yielding £ net have been effected since the death. (1) If none, insert "no." There is ( 2 ) Church Patronage comprised in the succession which has ( 3 ) been sold for £ . (2) If none, insert "no." (3) If not sold, insert " not." Total ... £ Saleable value. This column is not material when the rack rental or full annual value is the basis for the assess- ment. It is material in the case of small property, and also in the case of lease- holds having a short term. Gross rack-rental or annual value. Note.— Fishing and sporting rights, whether let or reserved, should be accounted for- If the space be not sufficient for all tlte property comprised in the succession, a schedule should be annexed, and the total inserted in this account. 372 PRACTICAL FORMS. Nature of deductions. Necessary outgoings (in case the same are payable by the owner, and not by the tenant), namely : — ( Ihief or Ground-rent Land Tax Unredeemed Fire Insurance Repairs Annuities (if any) to which the property is subject ... [State names and addresses of the annuitants, and the particulars of their title.] Interest of Incumbrances [Give particulars of the incumbrances, including their dates, and state by whom created. If any arc terminable, state when or upon what event they will terminate. J Fine and Fees actually paid upon admittance to copy- holds [The annual deduction is such an annuity as for the life of the successor, or for such shorter period as the successor's interest may continue, is by the tables annexed to the Succession Duty Act equal in value to the capital of the fines and fees paid. Where trustees arc admitted, state circumstances.] Note. — No deduction can be made for contingent incumbrances, or for any incumbrance created by the successor, or for the expense' of collecting rents, or for loss of rent, or for Income or Property Tax, or for any costs incurred in litigating the title to the property. // the space be not sufficient for all the deductions claimed, a schedule should be annexed and the totals inserted in this account. Total ... ... £ Capital. Annual payments. Is it intended ~™ "~ "™" ^^ —— ^ ^ ^™ ^™ to pay the whole m , , , , duty in advance, Total gross annual value ... under discount f Reply: (say "Yes" or Total annual value of deductions "No.") Will the duty be paid by yearly or half-yearly Net annual value instalments (see back) ? _^^__^^_____^^__^__ Reply : £ t. d PRACTICAL FORMS. 373 Declaration. I, or we, declare that this is a just and true account m insert of ( x ) the succession in Real and Leasehold Pro- ^"astoea perty of ( 2 ) upon the death of the before-named ma y be , and that the said ( 2 ) was born on the - day of , 19 — , and is a ( 3 ) of , the pre- ce83or decessor from whom the said property is derived. f Mhiofo toe"" Dated this day of , 19 — . words of ike Act /TT • .1 X (see back of this (Mere sign the account) Account). (2) Insert name of suc- [For official use only.] Assessment. The value of an annuity of £ : : for a life aged is £ and the Succession Duty on this sum at the rate of per cent, is assessed at Discount or Interest thereon The first instalment of this duty (chargeable upon a capital of ... £ Amount to ... Discount or interest thereon £ By the Commissioners, Somerset House, London, W.C. day of , 19 — . Examiner Receipt for Duty. Received the day of , 19 — , the sum of £ , being the amount mentioned in the above assessment. £ Registered, p-0 Accountant ) pro Cashier For Acct. and Compt.-Genl. of Inland Revenue. r,74 1'HACITTCAL FORMS. Rates of Duty by the Succession Duly Vet, 1853 (it; A 17 Vict. <■. 51), and the Customs ami Inland Revenue Act, 1888 (51 & 52 Vict. e. 8), and the Finance Act, 1894 (57 & 58 Vict, o. 80). (■) Lineal Issue or Lineal Ancestors of the pre- decessor ... Brothers and Sisters of the predecessor and their descendants Brothers and Sisters of the Father or Mother of the predecessor and their descendants ... Brothers and Sisters of a Grandfather or Grand- mother of the predecessor and their de- scendants Persons of more remote consanguinity, or strangers in blood w here the deceased died before tbe i-t July, 1888, or where Estate l>uty under the Finance Art. 1894, has lx-en paid upun tlie property. 1 per cent. 3 do. 5 do. G do. 10 do. Where the di dioii on or alter the 1st July, 1888, and Estate Duty under the Finance let, 1894, has Dot been paid upon the property.' 1} per cent. 4} do. 6J do. 7} do. 11} do. ( 1 ) Note. — The higher rates are not payable upon the interest of a successor in lease- holds passing to him by will or devolution by law, or in property included in an account according to the value whereof duty is payable under the Customs and Inland Revenue Act, 1881. ( 2 ) Note. — Successors in leaseholds for years who would otherwise be chargeable with duty at the rate of 1 per cent, are exempt where the value of such leaseholds has been included in the affidavit or inventory, and duty has been paid thereon in conformity with the Customs and Inland Revenue Act, 1881. Persons otherwise chargeable with duty at the rate of 1 per cent, are exempt in respect of any property which passes under the deceased's will or intestacy or under his disposition or any devolution from him, or under any other disposition under which respectively Estate Duty under the Finance Act, 1894, has been paid. Tire husband or wife of the predecessor is not chargeable with duty; and a successor, whose husband or wife is of nearer relationship to the predecessor, is charge- able with duty at the rate at winch such husband or wife would be chargeable. The relations of the husband or wife of the predecessor are chargeable; with duty at 10 per cent, or 11} per cent., as the case may be, unless themselves related in blood to the predecessor. OBSERVE. — 1. Where the successor became entitled in possession at a death before the 1st July, 1888, the duty is payable by eight equal half-yearly Instalments, the first to be paid twelve months after the successor shall have become entitled in possession, and the seven following instalments at half-yearly intervals of six mouths each. Interest at the rate of 3 per cent, per annum is payable upon the amount of all instalments in arrear. 2. Where the successor became entitled in possession at a death on or after the 1st July, 1888, except where the deceased died after the 1st August, 1894, and the successor is competent to dispose of the property within the meaning of the Finance Act, 1894, the duty is payable: — (a) By eight equal half-yearly instalments as above: or (b) At the option of the successor, by two equal moieties, whereof the first moiety shall be paid by lour equal yearly instalments, the first to be paid at the expiration of twelve months next after the successor shall have become entitled to the beneficial enjoyment of the property, and the three following instalments at yearly intervals thereafter; and the second moiety shall be paid on the day for payment of the last instalment of the first moiety, or, if not so paid, shall be payable by four equal yearly instalments, with interest at the rate of 3 per cent, per annum from such last-mentioned day on so much of the second moiety as shall for the time being remain unpaid, the first of such instalments, with the interest, to be paid at the expiration of twelve months from that day. 3. A successor entitled to his succession upon the death of a person dying before the 1st July, 1888, has the above option (at 2 (ft)), if no instalment of duty has become due from him at that date, or if only oue such instalment has become due from him, and has been paid before that date. PRACTICAL FORMS. 375 4. Discount at i lie rate of " per cent, per annum is allowed upon the amount of all instalments paid in advance. 5. The liability to account for and pay the instalments as they fall due in no way depends upon application being made by the Commissioners; hut the accounting parties should then, themselves, fill up and transmit a Form No. 7 to the Secretary, Estate Duty Office, Somerset House, W.O., where, or at any Money Order Post Office outside the Metropolitan Postal District, forms can be obtained. Note. — The rate of interest upon Succession Duty in arrear is fixed at 3 per cent, per annum by the Finance Act ; 18% (59 & GO Vict. c. 2S), s. 18 (2). No. 7. For Payment of Second and Subsequent Instalments of Succession Duty on Personal Property; and on Real Property, except ivhere the Deceased died after the 1st August, 1894, and the Successor is Competent to Dispose of the Real Property within the meaning of the Finance Act, 1894 (57 fy 58 Vict. c. 30), in which case the Form 7 — 1 should be used. Form No. 7. Inland Bevenue. [Separate forms are issued for payment of second and subsequent Instalments of Temporary Estate Duty, under the Customs and Inland Revenue Act, 1889 (52 & 53 Vict. c. 7), s. 6 [Form 14], or of Estate Duty, under the Finance Act, 1894 (57 & 58 Vict. c. 30) [Form C— 3]. Here state the name and ] address of the person who [ forwards this account. J The form when filled up should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked "Account." OBSERVE. — Money should not be remitted until this form has been delivered by the parties, and the amount payable and the mode of payment have been notified to them. Instalments of Legacy Duty should be accounted for upon the Form No. 2. REGISTER of the Year 19 , Folio ( l ) The succession of (-) TITLE. (1) Please read of /3\ the instructions V / printed above. (2) Here insert the name of the successor. (3) Insert the full postal ad- dress. :)7G PRACTICAL FORMS. (4) Here state f rom thetitle, whether llui ^ under settlement, under ( ) by survivorship, ^ or in any other manner, and if under a deed or other document, the date thereof and the names of the parties thereto. upon the death of on the day of (5) Here state •whether trustee, &c, or successor, f or which duty was assessed on the and if not the _, „ J , , „ n successor give 19 — , on an annual value ot k> name and ad- by an acC ouiit delivered by ( 5 ) who died 19 — , derived the predecessor day of as shown (6) Insert " an eighth" or " a fourth," accord- ing as the suc- cession is to Real or Personal Pro- perty. (7) Insert " an eighth " or "a iourth " of the life interest value, whichever is appropriate. The value for the life of years is £ : : and the amount of duty as assessed at £ per cent. ... ... £ The instalment (being ( G ) part thereof), due 19 — , on a capital of ( 7 ) £ : : £ Interest on discount thereon ... ... ... £ Note. — Interest at the rate of 3 per cent, per annum is payable in all cases from the time when each instalment falls due (Finance Act, 18116',- s. 18 (2)), and discount at i In- like rate will he allowed on the amount of all instalments paid in advance, EXCEPT where the deceased died after the 1st August, 1894, and the succession is to Ileal Property which the successor is competent to dispose of within the meaning of the Finance Act, 1894, in which case see observation 3, p. 377. Keceipt for Duty. day of ,19- the sum of Received the - £ , being the amount mentioned in the above assessment. Registered, pro Accountant ) fro Cashier > For Acct. and Compt.-Genl. of Inland Revenue. PRACTICAL FOE MS. \77 Bates of Duty by the Succession Duty Act, 1853 (1G & 17 Vict. c. 51), and flic Customs and Inland Revenue Act, 1888 (51 & 52 Vict, a 8), and the Finance Act, 1891 (57 & 58 Vict. c. 30). ( 2 ) Lineal Issue or Lineal Ancestors of the pre- decessor Brothers and Sisters of the predecessor and their descendants ... Brothers and Sisters of the Father or Mother of the predecessor and their descendants Brothers and Sisters of a Grandfather or Grand- mother of the predecessur and their de- scendants Persons of more remote consanguinity, or stra n g( srs in blood... Where the deceased Where the deceased died before the 1st died on or after the July, L 888. or where 1st July , 1888, and Estate Huty under Estate Duty under the Finance Act, the Finance Act, 1894, ] 804, has beer paid has not bi-i-n paid upon the property. upon theproperty.(') 1 per cent. 1| per cenl 3 do. H do. 5 do. «k do. G do. n do. 10 do. nj do. C 1 ) Note.— The higher rates are not payable upon the interest of a successor in lease- holds passing to him by will or devolution by law, or in property included in an account according to the value whereof duty is payable under the Customs and Inland Revenue Act, 1S81 (44 & 4.3 Vict. c. 12). (f) Note. — Successors in leaseholds for years who would otherwise be chargeable with duty at the rate of 1 per cent, are exempt when the value of such leaseholds has been included in the affidavit or inventory, and duty has been paid thereon in conformity with the Customs and Inland Revenue Act, 1881. Persons otherwise chargeable with duty at the rate of 1 per cent, are exempt in respect of any property which passes under the deceased's will or intestacy, or under his disposition of any devolution from him, or under any disposition under which respectively Estate Duty under the Finance Act, 1894, has been paid. The husband or wife of the predecessor is not chargeable with duty, and a successor whose husband or wife is of nearer relationship to the predecessor, is chargeable with duty at the rate at which such husband or wife would be chargeable. Relations of the husband or wife of the predecessor are chargeable with duty at 10 per cent, or 11$ per cent, as the case may be, unless themselves related in blood to the predecessor. OBSERVE.— 1. The duty on successions to Real Property where the successor became entitled in possession at a death before the 1st July, 1888, is payable by eight equal half-yearly instalments ; the first to be paid twelve months after the successor shall have 'become entitled in possession, and the seven following instalments at half- yearly intervals of six months each. Interest at the rate of 3 per cent, per annum is payable upon the amount of all instalments in arrear. 2. Where the successor became entitled in possession at a death on or after the 1st July, 1888, except where the deceased died after the 1st August, 1894, and the successor is competent to dispose of the property within the meaning of the Finance Act, 1894, the duty is payable : — (a) By eight equal half-yearly instalments as above; or (b) At the option of the successor, by two equal moieties, whereof the first moiety shall be paid by four equal yearly instalments, the first to be paid at the expiration of twelve months next after the successor shall have become entitled to the beneficial enjoyment of the property, and the three following instalments at yearly intervals thereafter; and the second moiety shall be paid on the day for payment of the last instalment of the first moiety, or if not so paid, shall be payable by four equal yearly instalments, with interest at the rate of 3 per cent, per annum from such last-mentioned day, on so much of the second moiety as shall for the time being remain unpaid, the first of such instalments, with the interest, to be paid at the expiration of twelve months from that day. 3. Where the deceased died after the 1st August, 1S94, and the successor is competent To dispose of the property within the meaning of the Finance Act, 1S94, the duty is payable in the manner stated on the hack of the appropriate Form 7—1. 4. A successor entitled to his succession upon the death of a person dying before the 1st July, 188S, has the above option (at 2 (&)), if no instalment of duty has become due 378 PRACTICAL FORMS. from him at that date, 01 if only one such instalment has become duo from him. and lias been paid before t bat date. 5. The duty on successions to Pergonal Property chargeable by way of annuity, is payable by four equal yearly instalments; the first to be paid twelve months after the successor shall have become entitled in possession, and the thin; following instalments at yearly intervals, [nteresl at the rate of 3 per eent. per annum is payable upon the amount of all instalments in arrear. ij. Discount at the rate- of 3 per cent, per annum is allowed upon the amount of all instalments paid in advance, except where tin; deceased (lied after the 1st August, 18!)4, and the succession is to Real Property which the successor is COMPETENT TO dispose of within the meaning of the Finance Act, 1SU-1. In which case see observa- tion 3 ah"\ e. 7. The liability to account for and pay the instalments as they fall due in no way depends upon application heing made by the Commissioners. The accounting parties should then, themselves, fill up the Form No. 7 and, in accordance with the instructions printed upon it, transmit it to the Secretary, Estate Duty Office, Somerset House, London, W.O., where, or at any Money Order Post Office outside the Metropolitan Postal District, the forms can be obtained. 8. Money should not be remitted until the proper forms have been delivered by the parties, and the amount payable and the mode uf payment have been notified to them. No. 8. Account for Payment of Legacy or Succession Duty on proceeds of Sale or Principal Vain,' or Real Estate directed to be sold. Form No. 8. Inland Bevenue. Here state the name and ] address of the person who f forwards this account. ] This form of account is for payment of Legacy or Succession Duty on moneys arising from the sale, if sold, or on the Principal Value, if unsold, of Eeal Estate subject to a trust for conversion ; or on moneys arising from the sale of Eeal Estate sold under a power for that purpose. Legacy Duty is chargeable where the property is subject to a trust for conversion under the will of a person dying before the 1st July, 1888. In all other cases Succession Duty is chargeable. Persons otherwise chargeable with Legacy or Succession Duty at 1 per cent, are exempt where Estate Duty under the Finance Act, 181)4, has been paid in respect of the property under the same disposition or devolution. Ileal Estate not subject to a trust for conversion, and not sold under a power, should be accounted for upon the Form No. 6, except where the deceased died after the 1st August, 1894, and the successor is competent to DISPOSE of the property within the meaning of the Finance Act, 1894 (57 & 58 Vict. c. 30), in which case Form No. 6 — 1 should be used. PRACTICAL FORMS. 379 Where temporary Estate Duty under the Customs and Inland "Revenue Act, 1889 (52 & 53 Vict. e. 7), s. 0, is payable on any property included in this account, a separate statement of the value of such property on Form No. 13 should be delivered. Where Estate Duty under the Finance Act, 1894 (57 & 58 Vict. c. 30), is payable, an account on the Form C — 1 should be delivered. The account when filled up in duplicate should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked " Account." OBSERVE. — Money should not be remitted until this account lias been delivered by the parties, and the amount payable and the mode of payment have been notified to them. EEGISTER , of the Year 19 , Folio An account ( x ) of the proceeds of sale of capital T i TL e. value of Real Estate chargeable with ( 2 ) (1) pi ea8 eread duty with reference to the death of prm^ST (2) Insert " legacy " or " succession," as the case may bo. who died on the day of , 1 9 — , as passing to (») Ji&s WiS" ficiaries. — (4) State title, whether under will or settle- Uudei' ( ) ment. lfunder v will state name of testator and date and place of probate, or if . - - under any deed or other document the date thereof and the names of tue parties thereto. (5) If under settlement, state here the name >>l derived from ('') If 11 ,r, . Here t IK' nam delivered by ( u ) the settlor or " predecessor." (o) State names and ad- dresses of ac- q£ counting parties, and in u bat capacity they act. 380 PRACTICAL FORMS. ** ^ ^ go"!' ,, c3 ... ^ " .— ,0 ?; "2— ^""S-a o .2 ,2 js j2 ~ S 3 3 "9 "o W CO pq o 5 3 «8S» = •2-3 <= & — -?, <~8§S g>i(S| III o~s = g a. bd ^2S 4< -= a rt 3 "o w '" a> •o A " -s-^ h3j" p.2-5,-3 Og^fl O 3 1 2 a .8 3?! J "3 1 «£ S-§ 1 &£* i a £ g ^C 03 <3 3a Kg .S SBir3« •o to t the to t cone rent « " ■3 ■o* S-a'g e Si s A « n - a j£ sg« >> -g i™f ! i M g.£C 5 S iving prope 5), or at gro of the ,3 - *» v n j. a >>% m °«-2 8 -= o 3 B .Sj ^2u5" c J ? S < « (J C.^,oj * " 0J CJ I '5 .5 £ Ja 8 a ^■g S-.S 5 p PRACTICAL FORMS. 381 Declaration. I, or we, declare that this is a just and true account of the proceeds of sale or capital value of (*) the (') I|iscrt Real Estate, subject to a trust for sale, or sold under a of/- as the case power for that purpose, to which ( 2 ) are entitled maybe " beneficially at the death of , derived from as names of bene- before stated, and that the said ( 2 ) are ( 3 ) of ficiaries - the said , the testator or predecessor. sanguinhy in the And I, or we, further declare that there is ( 4 ) JaStaekS act other Eeal Estate derived under the same title to the torm )- proceeds of sale of which the said beneficiaries are ..^"tf^Bfact entitled with reference to this death in the event of a bc so - power of sale being exercised. Dated this day of , 19 — . (Here sign the account) [For official use only. J Assessment. The duty on the said sum of at the rate of per cent, is assessed at ... ... ... ... £ : : Interest thereon ... ... ... ... ... ... £ : : £ By the Commissioners, Examiner. Somerset House, London, W.C. day of , 19 — . Receipt for Duty. Received the day of , 19 — , the sum of £ , being the amount mentioned in the above assessment. £ Registered, pro Accountant \ pro Cashier f For Acct. and Compt.-Genl. of Inland Revenue. 382 PRACTICAL FORMS. Where Succession Duty is chargeable the successors should be described as follows : — Kales of Duty, by the Stamp Act, 1815 (55 Geo. III. c 184), and the Customs and Inland Revenue Act, 1SSS (.".1 & 52 Vict. c. S), and the Finance Act, 1894 (57 & 58 Vict. c. 30). ('•) Lineal Issue or Lineal Ancestors of the Pre-j decessor, or the Husbands or Wives of any such Persons Brothers and Sisters of the Predecessor and their Descendants, or the Husbands or Wives of any such Persons Brothers and Sisters of the Father or Mother of the Predecessor and their Descendants, or the Hus- bands or Wives of any such Persons Brothers and Sisters of a Grandfather or Grand- mother of the Predecessor and their Descendants, or the Husbands or Wives of any such Persons... Persons of more remote Consanguinity, or Strangers in Blood, or the Husbands or Wives of any such Persons Where tlio deceased died before the 1st July, 188s, or where Estate Duty under the Finance Ait, 1894, lias been paid upon the property. Where the deceased died "ii or after the 1st July, 1888, and I tate Duty under the Finance Act, 18!i4, has not been paid upon the property.(') U per cent. 4j do. 6.J do. 7.! do. Ill do. 1 per cent. 3 do. do. do. (') Note. The higher rates are not payable upon the interest of a successor in lease* holds passing to him by will or devolution by law, or on property included in an account according to the value whereof duty has been paid under the Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12). Where Legacy Duty is chargeable the legatees should be described as follows: — (-) Children of the Testator, and their Descendants, or the Father or Mother or any Lineal Ancestor of the Testator, or the Husbands or Wives of any such Persons Brothers and Sisters of the Testator, and their Descendants, or the Husbands or Wives of any such Persons Brothers and Sisters of the Father or Mother of the Testator, and their Descendants, or the Husbands or Wives of any such Persons Brothers and Sisters of a Grandfather or Grandmother of the Testator, and their Descendants, or the Husbands or Wives of any such Persons Any Persons in any other Degree of Collateral Consanguinity, or Strangers in Blood to the Testator 10 do. ( 2 ) Note. — Successors in proceeds of sale of leaseholds who would otherwise be chargeable with duty at the rate of 1 per cent, are exempt when the value of such leaseholds has been included in the affidavit or inventory, and duty has been paid thereon in conformity with the Customs and Inland Revenue Act, 1881. Persons otherwise chargeable with duty at the rate 1 per cent, are exempt in respect of any property which passes under the deceased's will or intestacy or under his disposition or any devolution from him, or under any other disposition under which respectively Estate Duty under the Finance Act, 1894, litis been paid. The husband or wife of the predecessor or testator is not chargeable with duty, and a successor or legatee whose husband or wife is of nearer relationship to the pre- decessor or testator, is chargeable with duty at the rati- at which such husband or wife would be chargeable. The relations of the husband or wife of the predecessor or testator are chargeable with duty at 10 per cent., or 11J per cent., as theicase may be, unless themselves related in blood to the predecessor or testator. OBSERVE.— Interest tit the rate of 3 per cent, per annum is chargeable upon Legacy and Succession Duty in arrear, under the provisions of the Finance Act, 1896 (59°& 60 Vict. c. 28), s. 18 (2). PRACTICAL FORMS. 383 No. 9. For Payment of Duly on Cesser* of Terminable Charges. Form No. 9. Inland Revenue. Here state the name and ) address of the person who \ ~ forwards this account. J — This form is for the payment of duty on Cessers of terminable charges upon Keal Estate, where the duty is chargeable by way of life interest. If the duty is elected to be paid by instalments, the second and subsequent instalments should be accounted for, as they fall due, upon the Form No. 7. Where temporary Estate Duty under the Customs and Inland Revenue Act, 1889 (52 & 53 Vict. c. 7, s. 6), is payable on any property included in this account, a separate statement of the value of such property, on Form No. 13, must be delivered. The account when filled up in duplicate should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked " Account." OBSERVE.— Money should not be remitted until this form has been delivered by the parties, and the amount payable and the mode of payment have been notified to them. REGISTER , of the Year 19 , Folio " '. TITLE. (*) An account of the succession (1) Please read -f /2\ of ( 3 ) the instructions w V / ^ ' printed above. (2) Insert name of suc- cessor. (3) Insert full postal address. (4) Here state the title, whether .1 i . i n i t i under will, settlc- upon the death ot who died ment, orin- on the day of , 19 — , in respect undRy" deed of the cesser of the terminable charge set out below, the ^ e °n t h t ue d ^ succession being derived from the thereof, and the , P ... names of the predecessor under ( 4 ) parties thereto. If under a will, state date and . place of probate, or if under an intestacy state date of grant of administration, and where issued. delivered by ( 5 ) of ' name and address of accounting party and whether trustee or successor. 384 PRACTICAL FORMS. i.) [nsert I I Slll- ccssor," or if not the successor state name. Reference : — Reg. l , I o. N.B. — Add where applicable — The charge of which the cesser is accounted for herein \\ ;ts deducted in the account of the succession of (°) upon the death of , who died on the day of , 19 — . Description of the charge. Amount. Is it intended to pay the whole duty in advance under discount ? Reply, (say "Yes*" or "No"). DECLARATION. I, or we, declare that this is a just and true account '•iKv "part of ( 7 ) the succession of ( 8 ) upon the death of may a be tbc case tne before-named , and that the said ( 8 ) was born (8) insert n the day of , 19 — , and is a ( 9 ) of ces™r.° 8 the predecessor from whom the said succession is derived. t&SSST Dated this - - day of - - 19-. (Te'bal^tht ( Here si S n the account) Form.) [For official use only.] Assessment. The value of an annuity of £ : : for a life aged is £ and the Succession Duty on this sum at the rate of per cent, is assessed at Discount or interest thereon The first instalment of this duty (chargeable upon a capital of . . . £ £ £ Amount to ... Discount or interest thereon .. £ .. £ 13y the Commissioners, Somerset House, London, W.G. day of 19- Examiner. PRACTICAL FORMS. 385 Receipt for Duty. Received the day of • , £ ■■, being the instalment 19- above-naentioned, with interest thereon. the sum of of the duty Registered, pro Accountant \ ' pro Cashier j For Acct. and Compt.-Genl. of Inland Revenue. Kates of Duty by the Succession Duty Act, 1853 (16 & 17 Vict. c. 51), and the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8). Lineal Issue or Lineal Ancestors of the pre- decessor Brothers and Sisters of the predecessor and their descendants Brothers and Sisters of the Father or Mother of the predecessor and their descendants Brothers and Sisters of a Grandfather or Grand- mother of the predecessor and their de- scendants Persons of more remote consanguinity or strangers in blood ... ... ... ... Where tbe deceased died before the 1st July, 1888. Where the deceased died on or after the 1st July, 1888.(') n per cent 4' da 6| do. 7i do. 1* do. (') Note. — The higher rates are not payable upon the interest of a successor in lease- holds passing to him by will or devolution by law, or in property included in an account according to the value whereof duty is payable under the Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12). Successors in leaseholds for years who would otherwise be chargeable with duty at the rate of £1 per cent, are exempt when the value of such leaseholds has been included in the Affidavit or Inventory and duty has been paid thereon in conformity with the Customs and Inland Revenue Act, 1881. The husband or wife of the predecessor is not chargeable with duty, and a successor whose husband or wife is of nearer relationship to the predecessor is chargeable with duty at the rate at which such husband or wife would be chargeable. The relations of the husband or wife of the predecessor are chargeable with duty at 10 per cent., or 11.] per cent., as the case may be, unless themselves related in blood to the predecessor. OBSERVE. — 1. Where the successor became entitled in possession at a death before the 1st July, 1888, the duty is payable by eight equal half-yearly instalments ; the first to be paid twelve months after the successor shall have become entitled in possession, and the seven following instalments at half-yearly intervals of six months each. Interest at the rate of 3 per cent, per annum is chargeable upon the amount of all instalments in arrear. 2. Where the successor became entitled in possession at a death on or after the 1st July, 1888, the duty is payable: — (a) By eight equal half-yearly instalments as above : or, (6) At the option of the successor, by two equal moieties, whereof the first moiety shall be paid by four equal yearly instalments, the first to be paid at tin- expiration of twelve months next after the successor shall have bee e 2 c 38G PRACTICAL FORMS. entitled to the beneficial enjoyment of the property, and the three following instalments at yearly intervals thereafter; and the second moiety shall Lie paid on the day for payment of tlic last instalment of the iirst moiety, or, if not so paid, shall he payable by four equal yearly instalments, with interest at the rate of 3 per cent, per annum from such last-mentioned day on so much of the second moiety as shall for the time being remain unpaid, the first of such instalments, with the interest, to be paid at the expiration of twelve months from that day. 3. A successor entitled to his succession upon the death of a person dying before the 1st July, 1888, has the above option (at 2 (6)), if no instalment of duty has become due from him at that date, or if only one such instalment has become due from him, and has heen paid before that date. 4. Discount at the rate of 3 per cent, per annum is allowed upon the amount of all instalments paid in advance. 5. The liability to account for and pay the instalments as they fall due in no way depends upon application being made by the Commissioners. The accounting parties Bhould then themselves fill up the Form No. 7 and transmit it to the Secretary, Estate Duty Office, Somerset House, London, W.C., where, or at any Money Order Post Office outside the Metropolitan Postal District, the forms can be obtained. No. 10. Estate Duty on an Account — Finance Acts, 1894 to 1900. [For use where the deceased died at any time after the 1st August, 1894.]- Form C — 1. Inland Kevenue. This form is for property chargeable with Estate Duty on an "Account." See Finance Act, 1894, s. 6 (4). A separate form (C — 2) is provided for " Settlement Estate Duty " on settled pro- perty. See s. 5 (1) («). This form should be filled up in duplicate, and be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. ; only one copy need be sworn. The envelope should be legibly marked " Account." Full instructions as to Estate Duty will be found in the Form A— 2. Official reference : Keg. , 19 — . Folio . Affdt. . Here state the name and \ full address of the person [ who forwards this account. ) An account of property chargeable with Estate Duty on the death of , late of , who died on the day of , 19 — , and to whom representation was granted at on the day of , 19—. PRACTICAL FORMS. 187 TITLE. Date and short material particulars of disposition, with date of and names of parties to any deed, and name of any testator and date of probate of his will. Names and ad- dresses of present trustees. Names and ad- dresses of living beneficiaries. If any of the persons originally entitled are dead, give dates of death and of representation. Consanguinity to the deceased. Consanguinity to the predecessor (naming him) under whose dis- position the pro- perty is derived. Part I.— Personal Property; other than (i.) Leaseholds for years, and (ii.) the proceeds of sale of Pteal Property subject to a trust for conversion in the Deceased's lifetime, but not actually sold at the date of his death. Description of property. 1 Price of stocks. Estimated principal value as at the date of the deceased's death. £ s. d. 388 PRACTICAL FORMS. a o S rr. ~ ■~ > bo a a c. a ■i. }-, p tn c 2 n © -g o "3 P-. M c 3-x 3 C u 2 § 3 C o a 2 g'5>> •a o a lit gse-s^a-g 3 g o 5> 3 © o 1- ° § a 3 2 c a S 3 5~ « x ! ^ . a *^s a " >, H.2S-CS _ . ■a et, o teab t ai d t( lax ^, ►•Co | >> 5j Ck. .» S P. =n to 5 * Itua UK'S turi cum uild " % tog .-° .5 eo tS . o "3 nclud enant nddi >adow s, mo groun '** ** OT o *3 proper quanti ' tenan arable dens, \ , pleas o £ o j; ujS » ption tenu natur betw ards, s, wa land, escri and ing moi tag Q o s .s to © a -g ~ © § J= o •- a S°gS ca s c.2 a g g." a. B5l O ~ 3 t- as a a-2 2 8 ^ H H Jz; PB ACTIO AL FOB MS. 389 190 PRACTICAL FORMS. Si UMABT. Gross value. Deductions Net value £ Part l. Tart II. Part III. Real Properly. Personal Property. 1. I. (i) if affirmed, (l) ma ke oath and say as follows : — substitute " do solemnly and sin- cerely affirm." (2) State in what capacity or capacities. (3) Insert "No" if the fact, is so, and strike out " namely." If, however, there is other 2. I deliver this account as ( 2 )_ accountable for the Estate (or) part of such other property 3. To the best of ray knowledge and belief there j s (3) other property [real or personal, under any title whatsoever], beyond that already referred to, in respect of which Estate Duty is payable on the death property?Btrikc of the deceased, namely ( 4 ) out the words in A T nyy. /5\ square brackets. *• x am V / (4) insert short Duty on the whole particulars of the _„ m „| v /4\ . dispositions and uamt! * J. W • _ property. State approximate value so far as known, and whether part of the aggregate "estate." Annex a statement if space in- sufficient. (5) Insert "not" if tbe fact is so. 5. The value of the property, included in this account was, at the date of the deceased's death, as therein stated. 6. The schedule annexed to this account, contains a true and particular list of the debts and incumbrances, which were subsisting charges at the deceased's death, on the real property and leaseholds for years comprised in this account, or on some part or parts thereof, with the observe.-is particulars of the instruments by which they were pay 1 the Ltate secured or created, and the names and addresses of the several persons to or in whom the same are now due or vested. 7. The said debts or incumbrances were incurred or created by the deceased or by some one or more of his predecessors in title. In so far as they were incurred by the deceased or were created by a disposition made by by him they were incurred or created bond fide for full con- yearly i'nstai-^" sideration in money or money's worth wholly for the ments? deceased's own use or benefit, and they take effect out of Reply: — jjis interest. The debts and incumbrances are not nor Duty on the interests in ex- pectancy, if any such are included in this account. Reply: Is it intended to now pay Estate Duty on the Real Property in one sum or PRACTICAL FORMS. 391 are any of thorn primarily chargeable upon any other property passing on the death of the deceased. There is no right of reimbursement from any other estate or person in respect of them ( 6 ). 8. Save as appears in and by this affidavit and account, no other property chargeable with Estate Duty, for the Estate Duty whereon I am accountable, passed (6) If there is a right to reim- bursement, but it cannot bo obtained, adapt the paragraph. or is deemed to have passed, within the meaning of the Finance Act, 1 894, so far as I know or believe, on the death of the deceased. 9. The duty which, under section 21 of the Finance Act, 1896, is deductible against the Estate Duty now payable in respect of the property included in this account, and which has already been paid or is payable in respect of such property, is £ ( 7 ). All which is true to the best of my knowledge and belief. at ( 8 ) Sworn by the above-named — , in the county of , this - day of , 19—. Before me, a Commissioner for Oaths. at ( 8 ) Sworn by the above-named — , in the county of , this day of , 19 — . Before me, a Commissioner for Oaths. J (7) Annex a statement giving such particulars as will enable the amount of the deduction to be verified. Sec. 21 only applies where the deceased died on or after 1st July, 1896. (8) Insert the name of the de- ponent, and if affirmed, substi- tute " affirmed" for sworn. FOR OFFICIAL USE ONLY. Personal Pkofkrty. (a) Capital. («0 Rate of duty. (0 Amount of duty. £ s. d. per cent. £ s. a. As adjusted (if necessary) Deduct duty at prior death, if da Add interest at 3 per cent, per 19 . t annum from date of death, viz. ill 19-, - - - days) ...£ ( -years and Total duty and interest (I\E.) £ 392 PRACTICAL FORMS. Real Property. (d) ('■rosa capital. («) Deductions. (/) Net capital. GO Rate of duty. Amount of duty. £ s. d. £ j. d. £ s. d. per cent. £ s. d. As adjusted (if necessary) £ Add interest at 3 per cent, per annum upon the whole 12 months after death till ( Vfiii.rn rind rta.vfA duty, from 19 , £ ) £ Total duty and interest (R.E Personal Property and Real Property. Total duty and interest £ Summary of Aggregation for determining Rate of Estate Duty. Total value of Aggregable Property disclosed by) original affidavit J Ditto by Corr. Affdt, dated Ditto by a/c dated Ditto ditto Ditto ditto Totals. f Value of further i Personal £. property disclosed 1 by this account. ( Real £. A.G.'s number Add or deduct £ (State which) Totals... £ Total value for determining maximum rate Maximum rate chargeable Rate on (A) as an " Estate by itself" Full aggregation. (A) Limited aggregation. -» »- per cent, per cent. + If the property disclosed by this account has for the purpose of aggregation been included in any previous affidavit or account, at the value shown in this account, state where ine'luded, and do not carry out the value into the column x. It it lias already been included at a higher value the difference in the values should be deducted, or if at a lower value the difference should be added. Note.— If the property in this account is an " Estate by itself," a statement to that effect should be written across the above space. PRACTICAL FORMS. 393 pq £ >. *3 9L *s 05 a p ropert Limite tion, o prope count or a p « ►. s Ch a d o «j .. "o .. « *■ B o v-/,fl O -S " eettle liable aggr which in thi the wh <0 * "5 " Ma fcl 394 m ACTIO AL FORMS. Couiplrollcd, for A. & C G. Registered. .for Sec. E. D. 0. At;. Coinptrollcd and Registered for £ — „ — ,1 for Accountant-Gencral of Inland Revenue. 2. Received the day of 19 , the sum of Pounds shillings and pence, for Estate Duty and interest thereon. for Commissioners of Inland Revenue. This receipt does not imply that the amount of duty is not subject to rectification. For use at Chief Office. This stamp does not imply that the rate of duty is not subject to rectification. No. 11. Form of Account for payment of Settlement Estate Duty on Settled Property. [For use where the deceased died after the 1st August, 1894.] Settlement Estate Duty.— Finance Acts, 1894 to 1900. Form C — 2. Inland Revenue. OBSERVE.— By the Finance Act, 1894 :— S. 5. (1) Where property, in respect of which Estate Duty is leviable, is settled by the will of the deceased, or haviug been settled by some other disposition, passes under that disposition on the death of the deceased to some person not competent to dispose of the property — (a) A further Estate Duty (called Settlement Estate Duty) on the principal value of the settled property shall be levied at the rate hereinafter specified, except where the only life interest in the property after the death of the deceased is that of a wife or husband of the deceased ; but (b) During the continuance of the settlement, the Settlement Estate Duty shall not be payable more than once. (4) Any person paying the Settlement Estate Duty, payable under this section upon property comprised in a settlement, may deduct the amount of the ad valorem stamp duty (if any) charged on the settlement in respect of that property. S. 21. (1) (4) The Settlement Estate Duty of one per cent, shall not be payable in respect of property settled by a disposition which has taken effect before the 2nd August, 1894. S. 22. (2) (a) A person shall be deemed competent to dispose of property if he has such an estate or interest therein, or such general power as would, if he were sni juris, enable him to dispose of the property, including a tenant in tail, whether in possession or not; and the expression "general power" iucludes every power or authority PRACTICAL FORMS. 395 enabling the donee or other holder thereof to appoint or dispose of property a* lie thinks tit, whether exerciseable by instrument inter viros or by will, or both. ... (c) Money which a person has a general power to charge on property, shall be deemed to be property of which he has power to dispose. By the Finance Act, 1896 : — , S. 19. (1) The Settlement Estate Duty leviable in respect of a legacy or other personal property settled by the will of the deceased shall (unless the will contains an express provision to the contrary) be payable out of the settled legacy or property in exoneration of the rest of the deceased's estate. (2) The Settlement Estate Duty leviable in respect of any such legacy or property shall be collected upon an account setting forth the particulars of the legacy or property, and delivered to the Commissioners by the executor within six months atter the death, or within such further time as the Commissioners may allow. By the Finance Act, 1898:— , , _ . S. 14. Where iu the case of a death on or after the 1st July. 1898, Settlement Estate Duty is paid in respect of any property contingently settled, and it is thereafter shown that the contingency has not arisen, and cannot arise, the said duty paid in respect ol such property shall be repaid. Where, the settled property consists of a residuary estate under a will, or ot a Bnare thereof, a full statement showing how the residue is arrived at should be annexed. The values should be given as at the date of the death. Real property directed to be sold at or after the deceased's death, whether actually sold or not, is to be treated as real property. Official reference : Keg. , 19—. Folio . Affdt. Here state the name audi address of the person whol forwards this account. j This form should be filled up in duplicate, and be transmitted BY post to the Secretary, Estate Duty Office, Somerset House, London, W.C. One copy only need be sworn. The envelope should be legibly marked "Account." If preferred the account may be left at the office by hand. In suitable cases, an appoint- ment will be arranged. Money should not be remitted until the account has been delivered, and the amount payable and the mode of payment have been notified to the parties. An Account of property chargeable with Settlement observe.— is n i , i\ .. -11.1/? the duty on the Instate Duty on the death ot real property to be paid iu one sum, or by — " yearly, or by half-yearly in- who died on the day of , 19-, and to whom JJ-SJJL representation was granted by the Registry of the to be paid by Probate Division of the High Court of Justice, on \H tXequent the day of , 19-, delivered by f) ESSL counted for an they fall due on the Form C — 3. ) as ( 2 ) (1) Insert names and addresses. (■J) State in what capacity. 396 PRACTICAL FORMS. Nature of property, Short particulars ol title. Short particulars of property, and net principal value charged with Kstate Duty. Whether Estate Imty paid on Inland Revenue allidavit or on an Account, and the amount of the Estate Duty. Principal value of the pro- P' rty chargeable with Settlement Estate Duty. Personal £ I. d. Real ( 3 ) Amount of the ad valorem duty (if any) j charged upon the settlement in respect of the [ ... £ above property ... ... ... ... ... J (3) The settle- ment must be produced in support of the statement. (4) Insert *' make oath " or " do solemnly and sincerely affirm." (5) Insert here " sworn " or " affirmed " as the case may be and the name of each deponent. the best of ( 5 ) -, and say that this is a true account to knowledge and belief. -, at -, by the above-named — , on the day of , 19 — . Before me, a Commissioner for Oaths. FOR OFFICIAL USE ONLY. Personal Property. Capital. As adjusted, where necessary. £ (fc) Rate of duty. £1 per cent. Deduct ad valorem Stamp Duty paid on Settlement £ Net duty £ Add interest at 3 per cent, per annum from date of death, viz., 19 , till 19 , ( - yearsand— days) £ Total duty and interest (P.E.)...£ (c) Amount of duty. FB ACTIO AL FORMS. 397 Real Property. if) Capital. As adjusted, where necessary. £ to) Rate of duty. £1 per cent. Add interest at 3 per cent, per annum upon the whole duty from 12 months after death till 19 , ( years and days) £ Total duty and interest (R.E.)...£ (A) Amount of duty. 5. d. Personal Property and Real Property. Total duty and interest. 308 PRACTICAL FOP MR. 5 S 3 -Sag 3 3 o 8 1 H 4> ill .= 3 SI "3 5 ■gg *3 II d 5 rf3 'oj -J *> a, - Si W S 1 * ^ ~ — q rt IS * -£ o o» CD A d o s d o *H 8 A 43 > ,fi 3 3 9 a :/; ^ PRACTICAL FOEMS. 399 Comptrollod, for A. & C. G. Registered, for Sec. E. D. O. A. G. Comptrolled and Registered for £ _„ „ for Accountant-General of Iuland Revenue. Received the_ 19 — , the sum of- Pounds day of shillings and pence, for Settle- ment Estate Duty and interest thereon. for Commissioners of Inland Revenue. This receipt does not imply that the amount of duty is not subject to rectification. For use ai Chief Office. This stamp does not imply that the rate of duty is not subject to rectification. No. 12. For Payment of Instalments of Estate Duty and Settlement Estate Duty. [If both kinds of duty are payable separate forms must be used.] Estate Duty — Finance Acts, 1894 to 1900. [For use where the deceased died at any time after the 1st August, 1894.] Form C — 3. Inland Revenue. Here state the name and address of the person who forwards this account. This form should be filled up and transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked " Account." If desired, it may be left at the office by hand. In suitable cases an interview will be arranged. Money should not be remitted until the form has been transmitted by the parties, and the amount payable and the mode of payment have been notified to them. Official reference Reg. -, 19_. Folio Affidt. In the estate passing on the death of day of , 19—. -, who died on the Date and short material par- ticulars of disposition. Name of Beneficiary. Date of account. Xet principal value of the pro- perty as assessed. 400 PRACTICAL FORMS. Kate of{ Settlem ^"j;Btate} dut y — P er cont - Wh " lc auiouut of ^Settlement E^te/Dnfr aa aMe»ed...£ Amora * ofae {settlemrat'"Ertate} ]Dut y atill,in P aid £ » fvcarlv... ) Consecutive numbers of the|^ a jf.Y^' r j' y Hnslaluients which are now about to be paid Is the property Keal or Personal ? Has any, and what, part of the property yet been sold ? When was the sale effected ? What was the amount realized ?- Signature Da te 19 By 57 & 58 Viet. c. 30, s. 6 (8), as amended by 59 & 60 Vict, c. 28, Sched., Pfc. III. :— . . . the [Estate] Duty due upon an account of real property may, at the option of the person delivering the account, be paid by eight equal yearly instalments, or sixteen half-yearly instalments, with interest at the rate of three per cent, per annum, from the date at which the first instalment is due, and the first instalment shall be due at the expiration of twelve months from the death, and the interest on the unpaid portion of the duty shall be added to each instalment and paid accordingly ; but the duty for the time being unpaid, with such interest to the date of payment, may be paid at any time, and in case the property is sold, shall be paid on completion of the sale, and if not so paid shall be duty in arrear. By 59 & 60 Vict. c. 28, s. 16 :— The Estate Duty in respect of any annuity or other definite annual sum, whether terminable or perpetual, referred to in s. 2 (1) (d) of 57 & 58 Vict. c. 30, may, at the option of the person deliver- ing the account, be paid by four equal yearly instalments, the first of which shall be due at the end of twelve months from the date of the death, and after the end of those twelve months, interest on the unpaid portion of the duty shall be added to each instalment aud paid accordingly, but the duty for the time being unpaid, with interest to the date of payment, may be paid at any time. By 59 & 60 Vict. c. 28, s. 18 (1) :— Simple interest at the rate of 3 per cent, per annum without deduction for Income Tax shall be payable upon all Estate Duty from the date of the death of the deceased, or, where the duty is payable by instalments, or becomes due at any date later than six months after the death, from the date at which the first instalment of the duty becomes due, and shall be recoverable in the same manner as if it were part of the duty. PRACTICAL FORMS. 401 •3 --5 £^■3 » 2 S-y 3aa O 3 =•* H & H | >.. c+ ? £ 5 o uty fi from s aire date ~ o,,«o 1 *3 - >i ^ 3 g-o-wp •- 3 &•- a S o QQ - ? T3 * ° a o ■aj o *o o -? a »«.q f, » M . S >>a a A s 2 >> ^ 3 .a .a >> "3 » paS ^N T3 >* o 5 2 ° 3 to o O 3 o c3 H fa 3 C — S » ^ 2 02 per ( fter i eriod viz., olth a 05 « P, . S>> < * 5 ° i > a O )— 1 8 c 3 e "3 £ fa 3 « .3 •= fa >s " e. o C5 O fa (1) Date when in- stalment due. -s to jj ~^"^ o . ^ Ars (fc) an instaln ital for tin lents paid. ital for t ents pai s. d. - eg 23 — •2 "" o .5 c 3 3 3 o a- 2^,^ r-s a H 'O o 3 fc- ; 3 s g-S is ^* a ° 6q O «? p: a Pfc «5 2d 402 PRACTICAL FORMS. C'linptrollcd fur assessment, for A. & C. G. Registered, for Sec. E. D. 1. A.G.. Comptrolled and Registered for£ -55 55 for Accountant-General of Inland Revenue. Received the_ 19 , the sum of Pounds day oL shillings and pence, for_ Estate Duty and interest thereon. for Commissioners of Inland Revenue. This receipt does not imply that the amount of duty is not subject to rectification. For use at Chief Office. This stamp does not imply that the rate of duty is not subject to rectification. No. 13. Corrective Account for use where too little or too much Estate Duty or Settlement Estate Duty has been paid upon an Account. Estate Duty — Finance Acts, 1894 to 1900. [For use where the deceased died at any time after the 1st August, 1894.] Form D— 2. Inland Eeyenue. This Corrective Account, when filled up, should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C. The envelope should be legibly marked " Account." If preferred, the Corrective Account may be leit at the office by hand. In suitable cases an appointment will be arranged. If a return of duty is applied for, the form should be accompanied by evidence in support of the claim. If further duty is to be paid, the form should be filled up in DUPLICATE. Money should not be remitted until the Corrective Account has been transmitted by the parties, and the amount payable and the mode of payment have been notified to them. OBSERVE.— The Commissioners, if they think fit, may dispense with an oath in corrections of Estate Duty. This form, if the parties so desire, may where duty is to be paid, be sent signed but unsworn in the first instance. If required to be sworn it will be re-transmitted for that purpose. PRACTICAL FORMS. 403 Here state the name aucl \ address of the person who > forwards this account. ) Official reference : Eeg. , 19 — . Folio . Affidt. A Corrective Account of property chargeable with Estate Duty on the death of .deceased. 1. I_ ( l ) make oath and say as follows : — (i) if affinr.cd, 2. This deceased, late of SSyVn.i " sincerely affirm." died on the day of , 19 — . 3. account of property which passed, or is deemed to have passed, on the death of the deceased, within the meaning of the Finauce Acts, 1894 to 1900, ha — been delivered by ( 2 ) 0-0 insert J v "in-" or "us or state the , names of t lie persons by whom the accounts were delivered. 4. It has now been discovered that in the circum- Fiiunbianks _, and adapt geuer- stances stated overleat too Little (or too muck) Estate aiiytosuitthe Duty has been paid upon the account or accounts which th^-asl nc has or have already been delivered. observe.— is 5. The corrected particulars and values of the i ; int properties included, or which should have been included put? in the account or accounts which has or have already p^ c 1ancy, Q ifany been delivered, the values whereof were incorrectly, or totWs r aoMunt? d were not at all stated therein, are shown overleaf. The R ep iy : corrected rate of Estate Duty is also shown. is it intended 6. The debts and incumbrances not hitherto deducted, top. and. comprised in the schedule annexed to this account, Property in one were at the time of the deceased's death subsisting Jwi^or'by charges on the real property comprised in this ac- ^f 6 *^ 111 ' count or in the account or accounts which has or ' Reply:- have already been delivered, or on some part or parts thereof. The particulars of the instruments by which they were secured or created, and the names and 404 PRACTICAL FORMS. (3) If there is a right to reim- bursement, but it cannot be ob- tained, adapt the paragraph. (4) If the duty is to be returned to an agent, the account must be deposed to by all the persons en- titled to give a discharge for the same. addresses of the several persons to or in whom the debts and incumbrances are now due or vested, are stated. 7. The said debts and incumbrances were incurred or created by the deceased or by some one or more of his predecessors in title. In so far as they were incurred by the deceased or were created by a disposition made by him they were created or incurred bond fide for full consideration in money or money's worth, wholly for the deceased's own use or benefit, and they take effect out of his interest. The debts and incumbrances are not, nor are any of them, primarily chargeable upon any other property passing on the death of the deceased. There is no right to reimbursement ( 3 ) from any other estate or person whatsoever in respect of them. 8. Save as appears in and. by this account, and the account or accounts which has or have already been delivered, no property chargeable with Estate Duty passed, or is deemed to have passed, within the meaning of the Finance Acts, 1894 to 1900, so far as I know or believe, on the death of the deceased. 9. It now therefore appears that in the circumstances stated overleaf too little (or too much) Estate Duty has been paid, all which is submitted to the Commissioners of Inland Revenue, in order that the deficient duty, with interest thereon, may be accepted, (or) that the overpaid duty, may be returned to ( 4 ) whose receipt shall be a sufficient discharge for the same. t ,^. ■> All which is true to the best of my knowledge and belief. (h) Insert the name of the De- ponent, and if affirmed, substi- tute "affirmed" iji " sworn." ( 5 ) Sworn by the above-named in the county of , this — of , 19—. Before me, — at day a Commissioner for oaths. PRACTICAL FORMS. 405 Personal Property. Here state the short material particulars of the disposition and of the property, and the name of the beneficiary. Here state what correction has become necessary and in what circumstances. Items of Personal Property in original, or last corrective, account needing correction (*) and omitted property and deductions (if any). Value as last previously shown. Increase. Decrease. Value as now corrected. £ s. d. £ s. d. £ 5. d. £ s. d. Keal Property. Here state the short material particulars of the disposition and of the property, and the name of the beneficiary. Here state what correction lias become necessary and in what circumstances. Items of Real Property in original, or last corrective, account needing correction (*) and omitted property and deductions (if any). Value as last previously shown. Increase. Decrease. Value as now corrected. £ s. d. £ s. d. £ s. d. £ S. d. * Items not needing correction should not be inserted. The circumstances should be here stated in which the correction has become necessary. If the property has been sold, the date of completion of the sale should be stated, and the gross amount realized. Annex a separate statement if the space is insufficient. 40G PRACTICAL FOllMS. FOR OFFICIAL USE ONLY. CAPITAL. Rate on ( V) Kate A G 'si No. Full aggregation. Limited aggregation. Estate by itself. as estate by itself. on (a) or C0.or G) IS'os. j (a) (a) (a) (a) GO GO («0 GO CO GO CO CO The correction herein ( gives rise i . , . ( does not give rise, toacImm for further duty by reason of further aggregation. Noted, (A) £ ^ Maximum rate % CAPITAL. As last previously Bhown. Increase. Decrease. As now corrected. Personal Property £ 5. d. £ s. d. £ s. d. £ *. d. ( Net p Rcal f Dedns. Property] Net Total P. P. andR. P £ For aggregat rp.p ion\R.P Total' for rate £ Rate. £ ■P DUTY. TED Personal 1 Interest Property] S.E.D [ Interest . r E.D Real J Interest . Property] S.E.D \ Interest . £ s. d. £ s. d. £ s. d. £ S. d. TOTi 1 1 " Observations : — PRACTICAL FORMS. 407 On the basis of this " Account," and subject to rectification if found necessary, the amount of Estate duty and Settlement Estate Doty and interest to be now { re [urned^ is £ ' ' — S-— ll ' aS sh0WD abov °" Somerset ETouse, London, W.C., day of By the Commissioners, Examiner. Comptroiled for Assessment 1. \ G Received the day of 19—, shillings, and pence, for Estate Duty and Settlement Estate Duty and Interest thereon. for A. & C. G. Comptroiled and Registered for Registered for Commissioners of Inland Revenue. for Accountant-General of Inland Revenue. for Sec. E. D. 0. This receipt does not imply that the amount of duty is not subject to rectification. Corrective Account. No. 19—. _ 19—, Folio Keg. New net value Additional duty to be paid Overpaid duty to be returned Entry to be amended. Former account [ J^ uirecL Noted for statistics, E.D.A. S.E.B.A. deceased. 19—. 19—. .. & 408 PRACTICAL FOE MS. PART XXXVI.— LICENCES. No. 1. To Alienate Lifeholds and Assign Leaseholds (a). LICENCE is hereby granted to (the assignor), of, &c., Grocer, to sell and convey (b) unto (the purchaser), of, &c, Maltster, his heirs and assigns absolutely (c), all the estate [term] and interest of him the soldi {assignor) of and in All that dwelling-house, with the out- buildings and garden and appurtenances thereunto adjoining and belonging (d), situate at L. aforesaid, which was granted and is now held by him under or by virtue of a [certain indenture of] lease, bearing date, &c, for the (e) lives of [here state their names'], and the life of the longest liver of them ; Subject, nevertheless, to the payment of the several rents, and to the observance and performance of the several covenants, conditions, and agreements in the said lease reserved and contained, and on the part of the lessee to be paid, observed, and performed ; Provided always that this licence shall not authorize any future sale or conveyance (/) of the said premises, or any part thereof, without a similar licence, in writing, from the said (lessor), his heirs or assigns, or his or their steward for the time being. Dated, &c. No. 2. To use a Patented Invention (g). Whereas Letters Patent for the United Kingdom of Great Britain and Ireland, dated, &c, and numbered , were granted unto (the patentee) (h) for the exclusive privilege of preparing [manu- facturing], using, and vending a certain invention of SJiere state the (a) The foregoing licence must, when required by the lease, be in writing, in order to guard against forfeiture ; as to which see the Law of Property Amend- ment Act, 1859, ss. 2 and 3, and the Conveyancing and Law of Property Act, 1881, s. 14. Care should be taken to see that by the lease a steward or agent is authorized to grant the licence or it will be ineffectual. In some leases only the lessor's name is inserted for this purpose. No stamp required. (b) Or, if leasehold — to assign and transfer unto (the purchaser), his executors, administrators, and assigns. (c) Or, if so — by way of mortgage. (d) Or, — All that close of land called " ," &c, with its appurtenances, situate, &c. (e) Or,— for the term of years now determinable with the said lives — or, the lives of, &c. (stating them). (/) Or, if leasehold — transfer. (7] 1 Q. B. 175 ; CG L. J. Q. B. 137. The licence must be under seal ; see wording as to forbidding the use of the patented invention except with "the consent, licence, or agreement of the said patentee in writing under his hand and seal." Form of Patent, Form D, in first schedule of the Patents, Designs, and Trade Marks Act, 1883. And see Wallace and Williamson on Patents. (/*) Or,— inventor. PRACTICAL FORMS. 409 subject of the patent in the words of the letters patent (i)] as appears by the registry thereof in the Patent Office, on the day of , One thousand nine hundred and . And Whereas the said (grantor) has, in consideration of • pounds (h), agreed to give and grant unto the said (licensee) leave and licence and the [sole (Z)] right to exercise, practice, and use the said invention within the [district of the] said county of W. (m) for his own [exclusive (w)] use and benefit. Now these presents witness that, in consideration of [the sum of] pounds sterling, now paid (o) by the said (licensee) to the said (grantor), who [hereby] acknowledges the receipt thereof, He, the said (grantor) Doth hereby give and grant unto him, the said (licensee), who hereby accepts — All that the full and [exclusive] right, power, privilege, licence, and authority conferred by the said letters patent, to use, exercise, and practice the said invention within the said [district of] county of W. (p), [but not elsewhere], for his own absolute use and benefit, during the whole of the unexpired term granted by the said letters patent, in as full, ample [exclusive], and beneficial a manner as the same could or might have been held, used, exercised, and enjoyed by the said (grantor) if this licence had not been granted (q). Together with all other rights, powers, privileges, profits, emolu- ments, and advantages whatsoever to be derived from, or incident or appertaining to the said invention (r). (i) As, if photographers, — a valuable and improved method of applying colours to albumenized and other surfaces— or, if wood, — for rendering wood more durable and uninflammable (or, as the case may be). If the benefit of the patent has been assigned, here add — which said letters patent, with the rights, privileges, and benefits pertaining thereto, have, by an indenture dated, &c, and made, &c, been wholly assigned to, and are now solely and absolutely vested in the said (assignee) ; and such assignment was, on the day of last, duly registered in the Patent Office, (k) If payable by instalments, here add — payable by instalments as hereinafter mentioned. (I) Or— limited. (m) Or, other district as — the Eastern (or other) Counties, namely (here slut, them). (n) If not exclusive, omit the word here and below. (<>) Or, if part be payable by instalments, here add — and of the further sum of ■ pounds to be paid by the following instalments (stating them as), namely, the sum of ■ pounds, on the day of next, — the further sum of pounds on the day of next, — and the further sum of pounds on the day of next. (p) Or, — the district aforesaid. () and Mr. , his solicitor, and to all whom it may concern. No. 4. By Solicitor to Witnesses. Street, London, , 19— I beg to inform you that the trial of (the accused) will take place on , the — — day of instant (q), when your attendance, pursuant to your recognizance, is required precisely at o'clock in the morning, at the Central Criminal Court, holden at the Old Bailey, Newgate Street, London (r). I am, &c, (Signature.) To Mr. W. W. Solicitor for . (Address.) (/.•) No order is now required, but the notice must be filed in the Central Uftice, and a copy served on the opposite solicitor, and on any other person immediately connected with the proceedings, and in causes or matters pending in the Chancery Division, left in the chambers of the judge to whom the cause or matter is assigned : Rules of Supreme Court, 1883. < >rd. 7, r. 3. As to the lien for the former solicitor's costs, see ex parte Yalden, 4 Ch. D., p. 131. As to costs, see Annual Practice, 1005, vol. ii. p. 188. (1) Or, — defendant— <>r, we, the above-named plaintiffs — or, defendants. (m) Or, — defend. (h) Add (if necessary) — and further take notice that the London agent of the said Mr. is Mr. , whose address for service is . (o) Or, — defendant. (p) Or, — plaintiff. ( the trusts of the (/) referred to in the affidavit to which this notice is annexed, consists of the following, that is to say — — (m). This notice is intended to stop the transfer of the stock only, and not the receipt of dividends (n). (Signature.) (o) No. 10. To a Bank for Savings of a Claim upon a Sum invested, and not to Pay it over until such claim is satisfied. I, the undersigned (the claimant), of, &c, Grocer, hereby give you notice not to pay over to the stewards or any other member of " The Tradesmen's Union " (or other society), at W. aforesaid, all or any of the moneys or funds invested by or on behalf of such society, into, and now held, on its behalf, by the — - Bank for Savings, until a certain claim, which I the said (claimant) now have thereon, shall have been duly adjusted and satisfied. Dated this day of , 19 — . (Signature.) To the trustees and actuary of the Bank for Savings at H., Kent. No. 11. (Preliminary) To Creditors to furnish Claims against a Deceased Person (j>). A. B., deceased. Notice is hereby given, That all persons having claims or demands against or upon the estate of (the deceased), late of, &c, widow | who died on the day of , in — |, are required to send to me [the undersigned | at my office, at C. aforesaid, full parti- culars of such claims or demands, on or before the - - day of - (I) Settlement — or, will, &c. (m) Here specify the stock, e.g. — the sum of pounds — or (if so), being part of the sum of pounds — 3 per cent. Consolidated Bank Annuities now standing in the names of and in your books. (x) Or,— the receipt of the dividends on the stock, as well as the transfer of the stock. (o) Name and address of person giving the notice of his solicitor, who must be the deponent to the affidavit to which the notice is annexed. (jj) This form may be conveniently used to enable the executor or administrator, before applying for probate or letters of administration, to state the amount required to be furnished with the affidavit for the Inland Revenue Department. PRACTICAL FORMS. 423 next, in order that the same may be examined by the executor of her will (q), and, if found correct, duly discharged (r). Dated this day of , 19 — . H. M., Solicitor to the executor, No. 12. By an Executor or Administrator to Creditors before Final Distribution of the Assets {s). J B , deceased. — Pursuant to the provisions of the Law of Property Amendment Act, 1859, Notice is hereby given that all creditors and persons having any debts, claims, or demands upon or against the estate of J B , formerly of , near , in the county of , but late of , near T W , in the county of , Esq., deceased (who died on or about the day of , 19 — , and whose will, with codicils thereto, was proved in the Principal (t) Begistry of the Probate Division of the High Court of Justice, on the day of last, by and , Esqs., two of the executors named in the said will and codicils) (u), are hereby required to send in particulars in writing of their debts, claims or demands to us (x), the undersigned, on or before the day of next, and notice is hereby further given that at the expiration of such time the said executors (y) will pro- ceed to administer the estate and distribute the assets of the said deceased amongst the persons entitled thereto, having regard only to the claims and demands of which the said executors shall then have had notice, and that the said executors (y) will not be liable for the assets of the said deceased, or any part thereof, so distributed, to any person or persons of whose claim or demand they shall then not have had notice. Dated this day of , 19 — . {Name of solicitor and address.) Solicitors for the said executors (y). (q) Or, — administrator. (/) Here can, and should be added, when desirable — And all persons indebted to the said deceased — or, estate — are requested to pay the amount of their respective debts to the said executor — or, administrator — or, to me (<>r other person). (s) This is the form usually inserted as an advertisement in the newspapers, and is founded upon s. 29 of the Act. It will not prejudice the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of the pei'son or persons who may have received the same respectively. Nor will the section protect an executor when he is the residuary legatee, or when the estate is insolvent. And see Williams on Exors., 10th ed. 1083. (f) Or,— district. (u) Or, — administration of whose estates and effects was granted to , of , in the county of , on the day of , 19 — , by the principal — <>r. district registry (if district, cold at ) of the Probate Division of the High Court of Justice. (as) Or, — to the said and , or, to one of them — or. to us the undersigned, their solicitors. (y) Or, — administrator. 424 PRACTICAL FOEMS. No. 13. To Creditors pending an Administration Action {z). Pursuant to an order (a) of the High Court of Justice, Chancery Division, made in the matter of the estate of , deceased, and in an action, 19—, — , No. — , A. B. against C. D., widow (&), and another, the creditors of , late of No. — , Street, , in the county of ■ , Grocer (&), who died in or about the month of , 19 — , are on or before the day of , 19 — , to send by post prepaid to H , of No. , W , London, E.C., the solicitor of the defendant C. D., widow, the administra- trix (e) of the deceased, their Christian and surname, addresses and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the securities (if any) held by them, or in default thereof they will be peremptorily excluded from the benefit of the said order (d). Every creditor holding any security is to produce the same before Mr. Justice , at his Chambers, at the Royal Courts of Justice, London, on , the ■ day of , 19 — , at ■ o'clock in the noon, being the time appointed for adjudication on the claims. Dated this day of , 19 — . 5 Solicitor, of, &c. No. 14. To Claimants other than Creditors (e). Pursuant to an order (d) of the High Court of Justice made in the matter of the estate of ■ , deceased, and in an action (19 — , — , No. — ) against the persons claiming to be next of kin (/) to , late of ■ , in the county of , who died on or about the month of ■ (g), 19 — , are by their solicitors on or before the day of , 19 — , to come in and prove their claims at the Chambers of Mr. Justice , at the Eoyal Courts of Justice, or in default thereof they will be peremptorily excluded from the benefit of the said order (d). day, the — - day of , 19 — , at o'clock in the (z) This is the usual form inserted as an advertisement in the newspapers. R.S.C. App. L. No. 3. And see Daniell's Ch. F., 5th ed. 540. (a) Or, — judgment. (/') Or, as tlie case may be. (c) Or, — executrix — or, as the case may be. (d) Or, judgment. (e) R.S.C. App. L. No. 2. (/) Or, — to be the heir of — or, as the case may be. ( day of next ; And that all such creditors as shall not execute it (t) within calendar months (u) from the date thereof will be ex- cluded from the benefit of an early settlement of their claims. W. (Place). (Date). , Solicitor to the trustees. No. 19. Request for Issue of Bankruptcy Notice (v). In the High Court of Justice. In Bankruptcy. No. — , of 19—. 1. I, , of , hereby request that a bankruptcy notice be issued by this Court against (w). 2. The said has for the greater part of the past six months resided at (x) within the district of this Court (?/). 3. I produce an office copy of a final judgment against the said , obtained by (z), in the Court on the day of 4. Execution on the said judgment has not been stayed. Dated this day of , 19 — . Judgment creditor (a). Note. — Where the debtor resides at a place other than his place of business both addresses should be inserted. (s) This course is sometimes adopted when a tradesman — a draper, for ex- ample — is in the hands of his creditors, forming a trade union, who are certain to carry out the arrangement, save expense, and prevent his ruin. This is accomplished by means of a deed of inspection. (See the author's volume of "Practical Agreements.") It, however, affords no protection against bank- ruptcy, as it is an act of bankruptcy (Bankruptcy Act, 1883, s. 4 (ft)), and it is therefore very important to secure the accession to it of all the creditors. The deed requires to be registered in the Central Office R. C. J., under the Deeds of Arrangement Act, 1887. See Lawrence, Deeds of Arrangement, 5th ed. p. 4. (f) Or, — agree, in writing, to execute it — or, signify his or their assent to it. (it) Or, days. (y) See No. 5 of Bankruptcy Forms, 1886 ; and Baldwin, Bankruptcy, 9th ed. 136 ; and Wace, Bankruptcy, 44. (w) Here insert name, description, and address of judgment debtor. (as) Or, — carried on business at. (;/) Or, as the case may be, following the terms of s. 95 of the Act. (z) Me, or as the case may be. (a) Or, — solicitor for the judgment creditor. 428 PRACTICAL F017MS. No. 20. In Bankruptcy (b). No. — , of 19—. In the High Court of Justice (c). In Bankruptcy. Ee (the debtor). Ex parte (the creditor). To A. B. (d), of . Take notice, that within [seve?i] days after service of this notice on you, excluding the day of such service, you must pay to C. D., of , the sum of £ claimed by him as being the amount due on a final judgment obtained by him against you in the Court, dated , whereon execution has not been stayed, or you must secure or compound for the said sum to [his] satisfaction or the satisfaction of the Court : or you must satisfy the Court that you have a counter-claim, set-off, or cross-demand against C. D., which equals or exceeds the sum claimed by him, and which you could not set up in the action in which the judgment was obtained (e). Dated this day of , 19 — . By the Court. , Registrar. No. 21. In Gazette of Substituted Service of Bankruptcy Petition (/). In the High Court of Justice (c). In Bankruptcy. In the matter of a bankruptcy petition filed the day of -,19- To A. B., of . Take notice, that a bankruptcy petition has been presented against you to this Court by C. D., of , and the Court has ordered (i>) Stamp 5s. See No. 6 of Bankruptcy Forms, 1886. For the affidavit of service of this notice, see ante, Part II., No. 13. For the mode of procedure, see Bankruptcy Rules, 1886, Nos. 136 to 142 ; and Baldwin, Bankruptcy, 9th ed. 135 ; Williams, Bankruptcy, 8th ed. 277 ; Wace on Bankruptcy. (c) Or, — in the County Court of , holden at . (d) Or,— A. B. & Co. (e) On the notice is endorsed : — You are specially to note, — That the con- sequences of not complying with the requisitions of this notice are that you will have committed an act of bankruptcy, on which bankruptcy proceedings may be taken against you. If, however, you have a counter-claim, set-off, or cross-demand, which equals or exceeds the amount claimed by C. D. in respect of the judgment, and which you could not set up in the action in which the said judgment was obtained, you must within days apply to the Court to set aside this notice, by filing with the Registrar an affidavit to the above effect. [Name and address of solicitor suing out the notice] or — This notice is sued out by [C. D.] in person. (/) See No. 16 of Bankruptcy Forms, 1886. For Form of Order, see No. 16a. PRACTICAL FORMS. 294 that the publication of this notice in the London Gazette and in the newspapers, shall be deemed to be service of the petition upon you, and further take notice that the said petition will be heard at this Court on the day of at o'clock in the noon, on which day you are required to appear, and if you do not appear the Court may make a receiving order against you in your absence. The petition can be inspected by you on application at this Court. Dated this day of , 19. (Signature.) , Kegistrar. No. 22. Of Receiving Order in Bankruptcy (g). In Bankruptcy. Ee A. B. {title). Receiving order made . Date of adjudication (if any) . Date and place of first meeting . Date of public examination Note.— All debts due to the estate should be paid to me. Dated , 19 — . Official Receiver. (Address.) No. 23. Of Adjudication (g). In Bankruptcy. Notice is hereby given, that on a petition filed the day of 19 — , a receiving order against (h), was made by the High Court of Justice (i), on the day of , 19 — . Notice is also given that an order of adjudication of* bankruptcy against the said was made by the said Court on the day of , 19—. Notice is also hereby given that the first meeting of creditors will be held at , on the day of , 19 — , at o'clock. And notice is also hereby given that the public examination of the debtor is fixed for the day of , 19 — , at o'clock in the noon at the Court sitting in Bankruptcy at . Dated day of . (cj) This is the form to be inserted in the local papers. See Bankruptcy Forms, Nos. 31 and 32. (It) Insert name, address, and description of bankrupt, (i) Or, — in the County Court of , holden at . 430 PRACTICAL FORMS. Note.— This notice may be the subject of one or more advertise- ments as may be necessary. Official Receiver. No. 24. To Creditors of First Meeting (/•). In the High Court of Justice (I). In Bankruptcy. Re (the debtor). (Under receiving order dated the day of -, 1!)—.) Notice is hereby given, that the first meeting of creditors in the above matter will be held at (m), on the day of , 19_ } at O). To entitle you to vote thereat your proof must be lodged with me not later than o'clock on the day of , 19—. A form of proof and forms of general and special proxy are enclosed herewith. Proxies to be used at the meeting must be lodged with me not later than o'clock on the day of — -, 19—. The public examination of the debtor is fixed for the day ot , 19—, at (o). Any creditor who has tendered a proof, or his representative authorized in writing, may question the debtor on his public examination concerning his affairs and the causes of his failure. . » Official Receiver. To (creditor). No. 25. To Debtor to Attend First Meeting of Creditors (p). In the, &c. (as in the preceding form). Take notice that the first meeting of your creditors will be held ou the day of , 19—, at o'clock, at (m), and that (A) Sec Bankruptcy Forms, No. 78. Similar forms, with slight variations, are Nos. 80, 80a, 81. (I) Or, — the County Court of , holden at . (m) Place where meeting will be held. (n) Hour. (o) The following should be indorsed on the notice : — At the first meeting the creditors may (amongst otber things) — 1. By ordinary resolution resolve that the debtor be adjudged bankrupt, and in that case they may also, by ordinary resolution, appoint a trustee. 2. By ordinary resolution fix the remuneration of the trustee, or resolve thai the same be left to the committee of inspection. 3. By ordinary resolution appoint a committee of inspection from anion- tin creditors, or the holders of general proxies or general powers of attorney for the creditors. (jj) Bankruptcy Rules, 1886, No. 85. PRACTICAL FORMS. 431 you are required to attend thereat and submit to such examination and give such information as the meeting may require. And farther, take notice that if you fail to comply with the requirements of this notice you will be guilty of a contempt of Court, and may be punished accordingly. Dated the day of , 19—. Official .Receiver. No. 26. Of Meeting of Creditors (q). In the, &c. (as in Form No. 19). Take notice that a meeting of creditors in the above matter will be held on the day of , 19—, at , at o'clock in the ■ noon. Agenda (V). Dated the day of , 19—. Trustee (s). N.B.— A form of special proxy can be obtained on application to the Official Receiver at , or to the trustee. Early application is necessary, as proxies must be lodged with the person summoning the meeting not later than the day before the meeting. No. 27. Convening Second Meeting to Confirm Composition or Scheme (t). In the, &c. (as in Form No. 19). In the matter of a proposed composition (or scheme of arrange- ment). & Take notice that a second general meeting of the creditors of the above-named debtor (u) is hereby summoned to be held at , on > the day of - - instant (,r) at o'clock in noon precisely. A majority in number representing three-fourths in value of all the creditors who have proved, may confirm the resolution come to at the first general meeting, to accept the (q) Bankruptcy Forms, No. 101. (r) Insert purpose for which meeting called. (s) Or, — Official Receiver, as the case may be. it) Bankruptcy Forms, No. 103. (to) Or, — persons. (as) Or, — next — as the case may be. 432 PRACTICAL FORMS. proposed composition, which is fully set forth in my report printed on the next page, and is to the following effect (tj) :— By section 18, sub. sect. 2, it is provided that the composition (or scheme) shall not be binding on the creditors unless it is confirmed by a resolution passed by a majority in number, representing three- fourths in value of all the creditors who have proved and is approved by the Court. Creditors who have proved their claims, and do not return the voting letter within the time specified, or attend the meeting, will be reckoned as dissenting from the aforesaid composition (or scheme). If the composition be not affirmed the meeting may proceed to elect a trustee (z). Personal attendance at this meeting will not be requisite if the voting letter attached to this notice be filled up, stamped, signed, and witnessed, and sent to me so as to be received not later than the day of , 19 — . Dated the day of , 19 — . > Official Receiver. No. 28. To Creditors and Official Receiver of Application to Court to Sanction Composition or Scheme («). In the, &c. (as in Form No. 19). Take notice that application will be made to the above Court sitting at , on day of , 19-, at - - o'clock in the noon, to approve the composition (b) as proposed by the said debtor, and duly accepted by the statutory majority of the creditors at a meeting held on the day of , 19—. Dated the day of , 19 — . Official Receiver. To (creditor) (c). No. 29. To Creditors of Meeting to remove Trustee and to Appoint a Person to fill the Vacancy (d). In the, &c. (as in Form No. 19). At the request of one-fourth in value of the creditors ot the bankrupt, a general meeting of the creditors is hereby summoned to (?/) Set out the proposed terms. (z) The report of the Official Receiver on the proposed composition should be annexed to this notice. (a) Bankruptcy Rules 198 and 199, Form 98. (b) Or,— scheme of arrangement. _ (c) The notice must also be sent to the Official Receiver : see Bankruptcy Act, 1883, s. 18 (4). Bankruptcy Rules 188G to 1890, Nos. 198, 199. (d) See Bankruptcy Form, No. 107. PRACTICAL FORMS. 433 be held at , on the day of , 19 — , at o'clock in the noon, for the purpose of considering the propriety of remov- ing , the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy. Dated the day of , 19 — . > A Member of the Committee of Inspection (e). No. 30. Of Meeting to be held to Appoint Neiu Trustee (f). In the, &c. (as in Form No. 19). I, , the Official Eeceiver in the above matter, hereby give you notice that a meeting of creditors will be held at , on the day of , 19 — , at o'clock in the noon, for the purpose of appointing a trustee in the place of the late trustee, who has resigned the office (g). Dated the day of , 19 — . To (creditor). Official Eeceiver. No. 31. By Trustee of Intention to Disclaim Lease (h). In the, &c. (as in Form No. 19). Take notice that I intend to disclaim the lease dated the day of , 19 — , whereby (?) was let to the above-named debtor at a rent of £ . If you require the matter to be brought before the Court, you must give notice thereof to me in writing within seven (h) days of the receipt by you of this notice. Dated the day of , 19 — . Trustee. To Mr. (lessor). (e) Or, — official receiver. (/) See Bankruptcy Form, No. 108. (g) Or, — who has died — or, has become bankrupt. (h) See Bankruptcy Forms, No. 119a, 119b. Form of disclaimer No. 120 follows first paragraph, substituting the word "hereby" for "intend to." Sec also 120a, 120b, and notices of disclaimer 120c, 120d, and if landlord opposes, notice of opposition 120e. See also Baldwin, Bankruptcy, 9th ed. 328 ; Williams, Bankruptcy, 8th ed. 277 ; and Wace, Bankruptcy, 267 et seq. (i) Here specify property. (k) If sublet, fourteen. 2 F 434 PEACTIGAL FORMS. No. 32. Of Intention to declare Dividend (I). In the, &c. (as in Form No. 19). A (m) dividend is intended to be declared in the above matter. You are mentioned in the debtor's statement of affairs, but you have not yet proved your debt. If you do not prove your debt by the day of , 19 — , you will be excluded from this dividend. Dated the day of , 19 — . To . Trustee. (Address.) No. 33. Of Intention to declare Final Dividend (n). In the, &c. (as in Form No. 19). Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the day of , 19 — , or such later day as the Court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim. Dated the day of , 19 — . To . Trustee. (Address.) No. 34. Of Dividend (o). In the, &c. (as in Form No. 19). [Please bring this dividend notice with you.] Dividend of in the £. (Address.) (Date.) Notice is hereby given that a dividend of in the pound has been declared in this matter, and that the same may be received at office, as above, on , the of , or on any subse- quent Monday, between the hours of . (0 See Bankruptcy Form, No. 123. (m) First, second, or final, or as case may be. (n) For the form of notice of dividend and the statement to accompany notice of dividend, see Bankruptcy Forms, Nos. 122, 124, and 126. (o) See No. 126 of the Bankruptcy Forms. PRACTICAL FORMS. 435 Upon applying for payment this notice must be produced entire, together with any bills of exchange, or other securities held by you ; and if you do not attend personally, you must fill up and sign the subjoined forms of Receipt and Authority, when a cheque payable to your order will be delivered to the bearer (0). ( Trustees signature.) To (a creditor). Note. — On application for the dividend this notice must be pro- duced entire, and the bills or other securities held by you must be produced. Receipt Received of the sum of pounds shillings and pence, being the amount payable to in respect of the — - divi- dend of in the £ ■ on claim against this estate. £ : : . (Creditor s signature.) Authority. Sir, Please deliver to the cheque for the dividend payable to in this matter. (Creditor s signature.) No. 35. To Creditors of Debtor s Application for Discharge (q). No. , of 19—. In the High Court of Justice (r). In Bankruptcy. Re (the debtor). Take notice that the above-named bankrupt has applied to the Court for his discharge, and that the Court has fixed the day of , 19 — , at o'clock, for hearing the application (s). Dated this day of , 19 — . Official Receiver. To (a creditor). (p) This notice of dividend is to be accompanied by a statement showing the position of the estate at date of declaring the dividend. Sec Bankruptcy Form, No. 122. (q) See Bankruptcy Form, No. 61. (r) Or, — in the County Court of , holden at . (s) The provisions of s. 8 of the Act of 1890, and of s. '_"..» of the Bankruptcy Act, 1883, are to be printed on the back of this notice. 436 PRACTICAL FORMS. No. 36. To Sheriff of Rent Due to Landlord of Execution Debtor (t). To the Sheriff of the county of , and to his under-sheriff and bailiffs, and all others whom it may concern. Whereas I have been informed that you have taken the goods of (the defendant) in the house occupied by him at W., under and by virtue of a warrant of execution issued from the Queen's Bench Division of the High Court of Justice. Now («)-I hereby give you and each of you notice that the said (defendant) rents and holds the said house, with the appurtenances, of me as tenant from year to year [from the day of , 19—], at the annual rent of pounds payable yearly (as), and that I now claim the sum of pounds, being one year's (y) rent of the said premises, which became due to me on the day of last, and is now in arrear and unpaid. Dated, &c. (Signature.) No. 37. To Bailiff of County Court of Landlord's Claim for Bent (z). To Mr. , the High Bailiff of the County Court of , holden at , and to his bailiff and officers, and all others whom it may concern. I HEREBY GIVE YOU AND EACH OF YOU NOTICE that I claim the SUm of pounds, to be due from (the defendant), of S., in the county of D., Grocer, for arrears of rent which became due from him to me on the day of (a) last for the premises in his occupation at S. aforesaid, and which he rents and holds of me as yearly (b) tenant at the annual (b) rent of pounds. Dated this day of , 19 — . (Signature.) (i) See 8 Anne, c. 14, s. 1 ; Woodfall, L. & T. 17th ed. 560 ; and Foa, L. & T. 3rd ed. («) If given by a solicitor or agent, here say— as the solicitor — or, agent— for and on behalf of D. C, the landlord of the said premises, I hereby, &c. (as above). (x) Or, — half-yearly — or, quarterly. The sheriff is bound to pay only one year's rent. (i/) Or, — half — or, a quarter of a year's rent. (z) The landlord can, under the County Courts Act, 1888, s. 160, claim only one year's rent when the property is let by the year, two payments when let for less than a year, and four weeks' when let by the week. This notice must be given within five clear days next after the levy, and before the goods are removed. (a) Or, — at last. (b) Or, — quarterly — or, monthly — or, weekly. PRACTICAL FORMS. |:;7 No. 38. To determine a Lease, pursuant to a Proviso then in. To Mr. A. B. In pursuance of the (e) lease, bearing date, &C., granted by me the undersigned (I (milord), of, &c, to you the under-named {tenant), of All that farm, lands, and hereditaments, commonly called or known by the name of "Gore Farm," situate, &C, and now in your occupation, and of the proviso therein contained for making void such lease at the expiration of the first seven (d) years of the term of years thereby granted, — I hereby (e) give yon notice to quit and deliver up tome (/),ortosuch person as I (g) shall appoint, on the day of next, the peaceable possession of the said farm, lands, and hereditaments, and to leave the said premises in good repair, order, and condition, in all respects according to the covenant on your part for that purpose contained in the said lease. Dated this day of , 19—. (Landlord.) No. 39. To Quit by Landlord to Tenant from year to year (//). I, the undersigned , hereby (/) give you (j) notice to quit and deliver up possession of all that house (h) and premises, with the appurtenances, situate and being No. , Street (I), in the parish of , in the county of , held by you of me (/), as tenant thereof, on the day of next (m). Dated this day of , 19 — . (Signature.) To Mr. (tenant) (n). (c) Or, — of a [certain indenture of] lease bearing date, &c, granted by A. B., of, &c., Esquire, to you— <>r, if assigned, to (tin original lessee), then of D. aforesaid [but now of, &c], Yeoman, and by Mm assigned to you. (i/) Or, — fourteen (or <>lh< r period). (e) If given by a solicitor or agent, see ante, n. («). (/) Or -him. (r/) Or,— he. (h) See Woodfall, L. & T. 17th ed. 378 ; and Foa, L. & T. 3rd ed. 560 el a /. (i) Or (if the notice is given by an agent) add — as agent for and on behalf of , Esq., your landlord, though this is not essential in the ease of a genera] agent: Jones v. Phipps, L. II. .'! Q. 1). 567. (j) If several tenants, add — and each of you. uc) Or, — farm, land, — or, as the ease may be. (I) Or, — situate at . (■hi) If the date of the commencement of the tenancy is not known accurately, then add — <>r, at the expiration of the year of your tenancy— ["/•, — your respective tenancies] which will expire next after the end of one half-year from the service of this notice. (n) This notice should be served on the immediate tenant, not on a sub- tenant, and if served personally it need not be addressed to him by name. In the case of a tenancy from year to year a notice to quit in writing is a sufficient demand and notice to satisfy the statute (Geo. 'J, c. 28), and enable the landlord to claim double value. 438 PB ACTIO AL FOB MS. No. 40. Same by Tenant to Landlord. Sir, I hereby (o) give you notice that I shall (p) quit and deliver up possession of the house (g) and premises, with the appurtenances, situate and being No. — , — - Street (r), in the parish of , in the county of , now held by me (s) as your tenant thereof, on the day of next. Dated this day of , 19 — . Yours, &c, (Signature.) (t) To Mr. (landlord). No. 41. To Tenant to Deliver up Possession pursuant to the Small Tenements Recovery Act, 1838 (u). I (owner) (x\ do hereby give you notice that, unless peaceable possession of the tenement (y), situate , which was held of me (z) under a tenancy which expired on the day of (a), and which tenement is now held over and detained (b), be given to (e) on or before the expiration of seven clear days from the service of this notice, I, , shall on next, the day of , at of the clock of the same day, at (d), apply to His Majesty's justices of the peace acting for the district of (e) in petty sessions assembled, to issue their warrant directing the constables of the said district to enter and take possession of the said tenement, and to eject any person therefrom. Dated this day of , 19—. (Signature.) (f) To Mr. . (o) Or (if signed by an authorized agent), add— as agent for and on behalf of Mr. , your tenant. (p) Or, — he will. (— . (Signature.) (y) Or, — trustees — or, devisees in trust under, &c. t (A) If there is any inconvenience in all Bigning, then, as one of Beveral executors or administrators is competent to give a notice to quit on behalf o\ all (Cole, " Eject," p. 42 ), Bay— I, the undersigned (< » cuter), on behalf of self and ( naming lli> <). To (lessee), the lessee of the house, buildings {p) and premises, situate at , comprised in a [an indenture of] lease dated the day of , 19—, and made between of the one part and of the other part. Whereas by the aforesaid [indenture of] lease, you the above- named lessee covenanted . . . . (q) : And whereas the above-mentioned covenant has been broken, and the particular breaches which are complained of are the committing or allowing the dilapidations set out in the schedule hereto (r) : Now I, the undersigned — - (s), hereby give you notice and require you within months (t) to remedy all the aforesaid breaches, and to make me compensation in money for such breaches of covenant (u). Dated this day , 19 — . (Signature.) x The schedule above referred to. No. 45. To Repair Fences. To Mr. (the tenant), of, &c, Yeoman. I, the undersigned (landlord), of, &c, Yeoman, hereby give you notice that, in consequence of your having so long neglected to repair the hedges and fences of, and belonging to a certain field called " S. Mead," situate at, &c, abutting on a field there, called " The Furlongs," now in my occupation, my cattle are constantly straying or escaping from my said field, into, upon, and over yours, whereby such cattle are exposed to considerable [risk and] danger of loss and accidents, and I am put to additional trouble and incon- (o) See Conveyancing and Law of Property Act, 1881, s. 14 ; and as to service of the notice, see s. 67 of the same Act. See also Woodfall, L. & T. 17th ed. 308 ; and Foa, L. & T. 3rd ed., 602 et seq. (p) Or, other description of the property. (q) Set out the covenant for breach of which the right of re-entry is to be enforced. If the party giving the notice is not the original lessor, his derivative title must be shown, as — and whereas by an assignment dated the day of f 19 — ( an d made between the (lessor) and , the said lessor did assign all his reversion of and in the said premises to the said ■ . If the covenant requires notice to repair to be given, here add — and whereas I (or, as the case may be) did on the day of — — •, 19 — , give or leave notice in writing on the said premises requiring the repairs therein mentioned to be done within months. (r) Or, — the particular breaches complained of are that you did not in the par- ticulars and respects set forth in the schedule hereunto annexed well and sufficiently repair, uphold, &c. (in the terms of the covenant). (.s) The lessor, or, as the case may be. (t) Insert a reasonable time. (»,) It is not necessary, but a fixed sum maybe named, as — which compensation I compute at £ . PRACTICAL FORMS. Ill venience, as well as expense in guarding them ; and such risk and danger is greatly increased by your having improperly deepened and w idened the ditches adjoining my said field, called M The Furlongs " ; in doing which you have likewise trespassed and encroached upon my land : Now [as yon have not thought propei to attend to my repeated requests to repair tin- said hedges and fences, and to n - the said ditches to their former Btate and width | 1 EEBEBY <;ivi: YOU further notice, that onless you, on or before the day of- instant, so repair the said hedges and fences, as to prevent my cattle from straying or escaping from my said field into, upon, or over yonr said fields as aforesaid, and onless yon also repair and restore the -ail ditches to their proper state and width, I shall, without further notice, take such .steps ;l s I may he advised for obtaining a speedy removal of, and redress for, such grievances. J >atj:d this day of , 1!) — . Fours, &c. nature.) No. 46. '/'<> l!» move II mdfalls. To Mr. A. B., of, &c, Yeoman. SEVERAL hranches having, during the late tempest, fallen from your (r) trees upon my field, called ''The Parks," and I, the under- signed J. ('., of, &c, Yeoman, having been obliged to remove them therefrom, beg to inform you that they are now in the yard I - ), near my dwelling-house at W. aforesaid, and that such of them as belong to you (//) shall he there delivered to you (:;) provided an application be made to me for them, within days from this time; but in default thereof, they will he sold to defray the damages and expenses incurred. Yours, &c, .i.e. No. 17. To Cut Trees, overhanging another's Premises (a). To C. H., of W., in the county of K. I, the undersigned, W. J., of, &c, Grocer (b), the owner of a (c) Or, — trees on lands — ur, in a close, called " Close," in your occupation, situate, at, &c. (./■) Or, other place, (..'/) Or, your landlord. (z) Or,— him. (a An action for an injunction will lie against a person irho allows the branches of his trees ti> overhang his neighbour's land, whereby his neighbour's tics arc damaged: Smith v. Fiddy, [1904] 2 K. B. 148; 7:'. L. J. K. B. 894. Wlnif the nuisance is in the nature qi a trespass, and cau be abated without entering on another's land, the wrong-doer is not entitled to notice: Lemmon v. Webb, [1894] 3 Ch. 1; but it is a wise precaution to give notice. (b) if given by an agent or representative I' irm No. 30 n, I V wpro. 442 PRACTICAL FORMS. dwelling-house, outbuildings, and lands, situate at VY. aforesaid, at or near a place there called " ," and in the occupation of T. W., and adjoining the lands there belonging to you (c), hereby give you and each op you notice that certain trees now growing on your said lands overhang and injure my said dwelling-house and buildings : And I (d) therefore hereby give you further notice, and require you, on or before the day of next, to lop and trim off, and remove so much and such parts of the said trees as so overhang and injure my (e) said dwelling-house and buildings ; And that, in default of your doing so thereof, I shall either, on that day, proceed to lop and trim the same (of the hour of which you shall have further notice), or, immediately afterwards, take such steps as I may be advised, in respect of such grievance and injury (/). Dated this day of , 19 — . (Signature.) No. 48. Of an anticipated Nuisance (g). To Mr. A. B., of, &c, Ironfounder. I, the undersigned, C. D., of, &c, Builder, the occupier of a workshop and premises adjoining the lands and buildings in your occupation, situate near to, or abutting on a certain [turnpike] road in the said parish, called the " Western (or other) Eoad," hereby give you notice that the blasting or other furnace now erected (It) on the said premises in your occupation, is likely to become and be a nuisance to me and [my workmen and] to my said workshop and premises, and also dangerous thereto and to my tools and effects therein ; And I therefore give you further notice that, in the event of the same becoming a nuisance to me or [my work- men, or] to my said workshop and premises ; And also in the event of any damage arising to my said workshop and premises, or to my said tools and effects, in consequence of such erection, I shall take such steps as I may be advised against you for stopping the erection of the said furnace, or for causing the same to be removed, and for (c) Or, — if so, — to you as such trustees as aforesaid. (d) Or, — we give you and each of you. (e) Or, — our. (/) This notice is advisable in all cases, though in strict law only required where the lopping and trimming of the overhanging branches cannot be effected without an entry for that purpose on the land on which they grow (Lemmun v. Webb, 1894, 3 Ch. 1). ((j) Whenever a nuisance is anticipated to arise to property from any act of another party, it is proper to warn him by early notice, and before action, of the probable consequences, in order to prevent a plea of partial acquiescence, and that he has, without it, been allowed to incur an expense which he might and should otherwise have avoided ; in which cases the inclination of the Courts is to make the payment of such expense, or a fair proportion of it, a condition for the desired relief. And see Garrett on Nuisances, 2nd ed. 129. (/i) Or, — now being erected. PBAOTICAL FORMS, 443 such damage as may be occasioned thereby, or otherwise, in respect thereof. Dated this- day of ,19—. 5 \... 19. To Prevent Obstruction of '<> Window (i). To (the trespass* r), of, iv/e., Grocer. I, the undersigned (complainant), of, &c, Draper, hereby give you notice thai the wooden house or building erected, or now being erected by you, opposite the parlour (f) window belonging to the dwelling-house in the Street aforesaid, now in my renting and occupation, occasions an obstruction to, and diminution in the light and air Bowing into and through my Baid window, and is therefore damaging to my rights as tenant of the said dwelling- house: And I therefore give you further NOTICE, and require you to take down and remove the said wooden bouse or building within days from the service (/:) hereof, and that, in default of your so doing, I shall take such steps as I may be advised to compel the removal thereof and for redress. DATED this day of , 19 — . § ' i icUuTi . i No. 50. To Remove a Building Encroachment. To Mr. A. B., of, &c, Builder. I, THE undersigned, C. D. (I), of, &C, Draper, HEREBY GIVE YOU notice to take down and remove, within days from the service hereof, all or such part of the buildings (m) recently erected by you as rests upon the wall dividing your property from mine, situate in Street, in 1). aforesaid, and Buch of your buildings as overhang the said wall and my land: A\i> | I GIVE YOU FURTHER notice also | to remove, within the lime aforesaid, all other obstruc- tions and nuisances to my Baid property occasioned, created, or continued by you: Ani> J GIVE \<>c FURTHER NOTICE that in default of your complying with these requirements, I shall take such steps [against you] as J may In- advised for the abatement and removal thereof, ana for redress; And fi either take notu r. that this notice is given entirely without prejudice to my rights and remedies for any lo>> <»r damage I may have already sustained by (0 See Garrett on Nuisances, 2nd ed. 163. kitchen -or "tin r icin line. . date. (I) II" given by an agent, add : as agent of E. F.. of, &c. {m) Or, — scaffolding. 444 PRACTICAL FORMS. reason, or in consequence of all or any of the encroachments, obstructions, or nuisances aforesaid. Dated this day of , 19 — . {Signature.) No. 51. Notice to Remove Obstructions and Nuisances. To Mr. A. B., of, &c, Builder. I, the undersigned, C. D., of, &c, Draper, hereby give you notice, and require you to remove within days from the service hereof, All bricks, stones, and rubbish (w), which have been placed upon and against the wall belonging to me, which divides your property from mine, situate in Street, in E. aforesaid, and such of the fence of your garden (o) as overhangs my land there adjoining yours. And also [I give you notice] to remove, within the time aforesaid, all other obstructions and nuisances to my said property occasioned, created, or continued by you, consisting of, &c^ (£>) : And I give you further notice, that in default, &c. (as in the last form). (Signature) No. 52. By an Owner to a Trespasser not to Trespass on Land. To Mr. (the trespasser), of, &c, Grocer. I (q), the undersigned, A. B., of, &c, Draper, hereby give you (r) notice, not to trespass on any land (s) or property (n) Or, — timber (or other things). (o) Or,- — eaves of your buildings. (p) Here specify in like manner any other grievance which exists, such as— water thrown from the shoots round the southernmost (or other) part of your house on the main wall of my dwelling-house— or, into the drain leading from my said dwelling-house into the main sewer — or, your trees— or, branches of your trees- fallen on my land, situate, &c.—or, the planting trees against the fence of my said dwelling-house, and nailing trees thereto (describing it)— or, noisome and offensive matter on the premises in your occupation— or, flowing from the premises in your occupation into mine, and which is injurious— or is likely to be injurious to health, and detrimental to the proper enjoyment of my said premises — or, the using of my well — or, pump — boat (or <>t1i< j r thing, naming it). (q) If given by several persons interested in the property, as trustees, or otherwise, here say— We hereby, &c. (as above). If given by a solicitor, steward, or agent, here say— as the solicitor— or, steward— or, agent— for, and on behalf of (the proprietor of the property), I hereby, &c. (as above). (r) If given to several, here say- you, and each of you -inserting their names and addresses at the head. (s) If so, — coppices and coverts. PRACTICAL FORMS. 445 belonging to me (t), situate at D., in the county of 8., or else- where (u) [under any pretence or pretext whatever]; Am» that if you (x) do so after being served with this notice, yon will be deemed a wilful trespasser (y) and dealt with accordingly. Dated this day of , VJ — . 5 No. 53. Not to Trespass in a Garden or on Buildings. To Mr. (the trespasser) t of, &c, ( S-rocer. I (z), THE undersigned, A. B., of, &C, Maltster, IIEKIT.Y GIVE TO1 NOTICE that if you, or any person or persons employed by, or acting for you [venture again to (") walk over, tread, or] trespass upon the garden, buildings, or premises belonging to me, situate in or near Street, at \\\, in the county 01 K., and abutting against the dwelling-house, garden [and premises] belonging to you, I shall take such proceedings against you and them, or some or one of you and them, as the law will permit, and as I may be advised (b). Dated this day of , 19 — . (Signature.) No. 04. By a Renter of Eights of Sporting or to Trespassers not to Trespass. To (the trespasser), of, Sec, Esquire. I, the undersigned (the owner), of, Arc, HEREBY GIVE YOU NOTICE not to (c) enter, or trespass upon any or either of the lands (d situate in the parish of A. (e), in the county of D., or elsewhere, (/) Or, — in my occupation — or, in the occupation of A. B.. my tenant. If given by a tenant, instead of " belonging to me," Bubst itute -belonging to A. B., Esquire, and in my renting and occupation. (") If given to a sportsman or poacher, here add for the purpose of hunting, shooting [fishing] or sporting thereon, or for any other purpose, or under any pretext whatsoever. (.<■) If several persons, here add— yon or any or either of you. (v) Or, — trespassers. ( .) When given by an agent, Bee a nU , d, (7). (o) The words within brackets should be used when a second trespass aftei notice lias been committed. (/>) This form can be easily varied so as to suit other circumstances, reference being had to the last form. (c) If given to sporting trespassers, here insert the words— shoot over or . ((/) And here insert or, coverts or, rivers or streams — with or without dogs, nets, snares, engines, or other things for the taking, destroying, or carrying away any game or, rabbits or, fish or, wild fowls, or the eggs of any birds being game or wild fowls [or other birds]. 00 Or t — several parishes of A., B., and C. 446 PRACTICAL FORMS. belonging to me (/), and that iu case of your (g) so doing after the service of this notice, the necessary legal proceedings will be taken against you in respect thereof (Ji). Dated this day of , 19 — . (Signature.) No. 55. Of a Reward offered for the Apprehension of Depredators. POUNDS BEWAED. Notice is heeeby given that any person or persons found cutting or otherwise damaging the trees and shrubs (i), (or other property) at D., and in the occupation of A. B., of, &c, Yeoman, will be tbosecuted. And any person giving such information against the offenders, as may lead to their apprehension and conviction, will receive the above reward, on application to H. M., (Place.) Solicitor, (Date.) W. No. 56. Requiring Payment of Mortgage Money (k). To Mb. (the mortgagor), of, &c, Draper. I, the undersigned (mortgagee) (I), of, &c, Grocer, heeeby give you notice, and require you to pay, or cause to be paid, to me, my executors, administrators, or assigns, on the day of next (being months from the date of service hereof), all such prin- cipal, interest, and other moneys as shall be then due [and owing] to me (m) upon or by virtue of a certain indenture of mortgage, bearing (/) If given by a tenant, instead of the words " belonging to me," substitute — belonging to A. B., Esquire, and over which C. D., Esquire, has the [exclusive] right of shooting. (rj) If given to more than one person, here add — you or any or either of you shall do so after the service, &c. (as above). (/;-) This notice should be given by the tenant of the lands, but a notice by the landlord likewise would strengthen it. (i) Or, — coppices, coverts, or plantations on the lands belonging to the Earl of B., situate in the parish of D. (k) See another form under "Demands," ante, p. 258. (I) Or, — We, the undersigned A. B. and C. D., executors — or, surviving executors — of the last will of (the testator), late of, &c, Grocer, deceased — or, administrator with the will annexed of (the testator), late of, &c, Grocer, deceased — or, if given by a solicitor or agent, say — as the solicitor — or, agent^and vary the form through- out accordingly. The name, and description of the agent may be omitted here and added at the end of the form. (wi) Or, — to us as such executors -or, surviving executor, as aforesaid. PRACTICAL FORMS. 447 date, &c, and made between, &c. ()i) ; whereby certain lands and hereditaments, situate, &c., were (o) conveyed by you to me (p), for securing the sum of pounds and interest, as therein mentioned : And I give you further notice, that, in default of payment thereof, such steps will be taken as may be necessary, for obtaining possession of the said premises (q), or otherwise as I may be advised. Dated this day of , 19 — . (Mortgagee.) (r) No. 57. Another Form (s). To Mr. (the mortgagor), of, &c, Draper. I, the undersigned (t), (the mortga gee), of, &c, Grocer, hereby GIVE you (u) notice and require you within calendar months from the date hereof, to pay off the principal sum of pounds, together with all interest which may be then due thereon, secured to me (x) by an indenture of mortgage dated, &c, and made, &c. (state the -parties without their descriptions) : And I give you further NOTICE that, in default of the due payment thereof, I shall (//) proceed to realize my said security by selling the property (z) subject to such mortgage in pursuance of the power implied in the said indenture, and also by taking such other steps for the recovery of the said principal moneys and interest as I may be advised. Dated this day of , 19 — . (Si(j)tature.) (a) (n) Hero state the parties' names, without the addresses, as — you, the abova- named (//»<■ mortgagor) of the one part and myself — or, the said (testator. »r <>th< r person) of the other part (according to the fact). (6) If leasehold, say— were assigned and transferred to me— or, the said (mort- gagee) — for the term of years (if so) determinable with lives— Or, if copyhold, say — were surrendered and assured. (p) Or, — by you to the said (mortgagee), his heirs or assigns— <>/•, executors, ad- ministrators, and assigns— for the certain term of years (if so) determinable with lives. () Or, — trustees. (p) If it is not a first appointment, add — in place of , deceased — or, re- signed — or, removed, as the case may be. (q) This part to be detached by the Registrar when the notice is registered, and returned to the society. (r) Or, signature of a registrar. (s) Or, officer to sue or be sued. (t) See Form IC of Treasury Regulations issued under the Frien^'y Societies Act, 1896. (it) If the Society be registered in Scotland or Ireland, add — Scotland — or s Ireland, as the case may be. (.r) Give full name, address, and description. (y) Or (if more than one trustee appointed) — were. 2g 450 PRACTICAL FORMS. duly appointed a trustee (z) of the above-mentioned branch, in the place of , deceased (a). {Signature.') Secretary of the Society. No. 62. To Registrar of Change of Name of Building Society (b). Building Societies Acts. (Name already registered) Building Society. Register No. . Notice is heeeby given, that at a meeting of the Building Society called for the purpose, held on the day of , it was resolved by three-fourths of the members present : — "That the name of the Society be changed to Building Society." , Member. , Member. , Member. , Secretary. (Address.) Dated the day of , 19 — . To the Registrar of Building Societies, 28, Abingdon Street, Westminster. No. 63. Of Change of Chief Office of Building Society (c). Building Society Acts. Building Society. Register No. . To the Registrar of Building Societies in England. Notice is hereby given, that the Registered Chief Office of the Building Society established at (d), in the county of , is changed to the office or place following : — Dated the day of , 19 — . (Signature.) Secretary. With this notice is sent the fee of 2s. 6d. provided by the Regulations. (2) Or, — trustees — or, an officer — or, officers— to sue and be sued on behalf. (a) Or, — resigned— or, removed. (6) See Form (0) in Appendix B to Treasury Regulations (Building Societies)of 1895. For the form of certificate, see ante, Part XIX., Form No. 2, pp. 178, 179. (c) See Form (N) in Appendix to Treasury Regulations (Building Societies) of 1895, and for the form of certificate of change, see ante, Part XIX., Form No. 4, p. 179. For a similar form, signed by three members and countersigned by the secretary, in the case of a Provident Society, see Form issued under the Industrial and Provident Societies Act, 1893. ((/) State present Registered Chief Office. PRACTICAL FORMS. 451 No. 64. Of Registry of Instrument of Dissolution of a Friend/// Society (e). Name of Society . Eegister No. (/ ). The foregoing instrument of dissolution (g) of the Society is registered under the Friendly Societies Act, 1875, this dav of ,19—. (Seal or stamp of Central Office.) (Ji) No. 65. Of Proceeding to set aside Dissolution of a Provident Society (/'). Industrial and Provident Societies Act, 1893. Name of Society Limited. Eegister No. (j). To the Central Office. Whereas on the day of -, the above-named Society was dissolved, or purported to be dissolved, by an instrument of dis- solution purporting to be duly registered.. I hereby give you notice, that I intend after not less than seven days from the date hereof to take proceedings for setting aside such dissolution in the • county court (k). Dated the - - day of , 19—. (Signature.) (Address.) No. 66. Of Parliamentary Election (/). The returning officer of the of , will, on the day of (e) See Form AQ of Treasury Regulations (lteg. Gl) issued under the Friendly Societies Act, 1896. These Regulations and Forms will be found in the useful new collection of Statutory Rules and Orders published by the King's Printers, 1904. (/) Add — Scotland — or, Ireland, where required. (g) Or, — alteration of the instrument of dissolution. For the form of the instru- ment, and of the declaration to accompany it, see Forms AO and AP of Treasury Regulations (Reg. 60) issued under the Friendly Societies Act, 1896. (h) Or, signature of assistant registrar for Scotland or Ireland. (i) See Form AY of the Treasury Regulations (Reg. 43) issued under the Industrial and Provident Societies Act, 1893. (_/) If the society is registered in Scotland or Ireland, add — Scotland — or, Ireland, as the case may be. (k) Or,— Sheriff Court or, Civil Bill Court. (I) See second schedule to the Ballot Act, 1872, and Rogers on Elections, 17th ed. vol. ii., pp. 57, 503, 504. 452 PRACTICAL FORMS. now next ensuing, between the hours of and , proceed to the nomination, and, if there is no opposition, to the election, of a member (m) for the said county (n) at the (o). Forms of nomination papers may be obtained at (o) between the hours of and ■ on {])). Every nomination paper must be signed by two registered electors as proposer and seconder, and by eight other registered electors as assenting to the nomination. Every nomination paper must be delivered to the returning officer by the candidate proposed, or by his proposer and seconder, between the said hours of and on the said day of , at the said . Each candidate nominated, and his proposer and seconder, and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room. In the event of the election being contested, the poll will take place on the day of . (Signature.) Sheriff (q). The day of , 19—. Take notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices, or any illegal practice (r) at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in The Corrupt Practices Prevention Act, 1854, The Corrupt and Illegal Practices Prevention Act, 1883 (r), and the Ballot Act, 1872, and the Acts amending the said Acts. Take notice (s) that by the Parliamentary Elections (Returning Officers) Act, 1875, it is provided that every person having any claim against a returning officer for work, labour, materials, services, or expenses in respect of any contract made with him by or on behalf of the returning officer, for the purposes of an election (except for publications of account of election expenses) shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the returning officer the detailed particulars of such claim in writing, and the returning (m) Or, — members. (n) Or, — division of a county— <>r, borough. (0) Insert description of place and room. (p) By Ballot Act, 1872, schedule 1, r. 7, the returning officer must supply any registered elector with a nomination paper during such two hours between 10 a.m. and 2 p.m. as he may fix on, upon each day between the notice of election and the day of election. For form of nomination paper see ante, Part XXVIL, Form No. 2, p. 272. (1) Or, — mayor— or, as the case may be. As to the returning officers in new boroughs, see s. 12 of the Redistribution of Seats Act, 1885 (48 & 49 Vict. c. 23). (r) These words are required to be added by s. 62 (3) of the Corrupt and Illegal Practices Prevention Act, 1883. (.s) This addition is required by s. 7 of the Act here mentioned (38 & 39 Vict, c. 84), and is contained in the second schedule of that Act. PRACTICAL FORMS. 453 officer shall not be liable in respect of anything which is not duly stated in such particulars (t). No. 67. Same of Municipal Election (u). Borough of . Election of Councillors (x) for the Borough (?/). Take Notice. 1. That an election of (z) councillors for the said borough (y) will be held on the day of . 2. Candidates must be nominated by writing, subscribed by two burgesses as proposer or seconder, and by eight other burgesses as assenting to the nomination. 3. Candidates must be duly qualified for the office to which they are nominated, and the nomination paper must state the surname and other names of the person nominated, with his abode and description, and may be in the following form, or to the like effect : — Set out the Form (a). 4. Each candidate must be nominated by a separate nomination paper, but the same burgesses, or any of them, may subscribe as many nomination papers as there are vacancies to be filled for the borough (&), but no more. 5. Every person who forges a nomination paper, or delivers any nomination paper, knowing the same to be forged, will be guilty of a misdemeanour, and be liable to imprisonment for any term not exceeding six months, with or without hard labour. 6. Nomination papers must be delivered by the candidate himself, or his proposer or seconder, at the Town Clerk's office, before live o'clock in the afternoon of day, the day of next. 7. The mayor will attend at the Town Hall, on day, the day of , for a sufficient time between the hours of two and four o'clock in the afternoon, to hear and decide objections to nomination papers. 8. Forms of nomination papers may be obtained at the Town (t) As to the expenses of returning officers, see the Parliamentary Elections (Returning Officers) Act, 1885 (48 & 49 Vict. c. 02). (h) See Form H in eighth schedule of Municipal Corporation Act, 1882. (as) Or, — elective auditors— or, revising assessors (as the case may be). (.'/) Or, — for the ward — or, several wards of the borough. (2) Insert number of councillors, auditors, or assessors. (a) For the nomination paper, see Fart XXVII., Form No. 3, ante, p. 273. (b) Or, — ward. 454 PRACTICAL FORMS. Clerk's office ; and the Town Clerk will, at the request of any burgess, fill up a nomination paper. Dated this day of , 19 — . {Signature.) Town Clerk. No. 68. Of Disqualification of Parliamentary Candidate (c). To the Electors of the County (d) of I (e), the undersigned, hereby give you and each of you notice that :— (Candidate), of , a candidate at the present election to serve in Parliament for the above-mentioned county (d) of , having, for the purpose of influencing voters at this election (/), is disqualified (g) from being elected to serve in Parliament for the said county (h) of , and all votes given for him will be thrown away. Dated the day of , 19—. (Signature.) A candidate (i) at the present election to serve in Parliament for the county (h) of . No. 69. Same of Municipal Candidate (I). To the Burgesses of the Borough of . I, the undersigned, hereby give you and each of you notice that -, Esq., of , one of the persons nominated for the office of councillor at this present election, is (tit) disqualified for the office of councillor, and ineligible to be nomi- nated or elected a councillor of the said borough at this present (<:) See a somewhat similar form in Drinkwater v. Deakin, L. R. 9 C. P. 626, and Rogers on Elections, 17th ed. vol. ii., pp. 1-40. (d) Or, — borough — or, division of the county — or, borough of — or, as the case may be. (e) Or, — we. (/) State grounds for disqualification. (y) Or, — believed to be disqualified : see the case cited in n. (c). (h) Or, — borough — or, division of the county — or, borough — or, as the case may be. (i) Or, — election agent for , Esq., (or, as the case may be) — a candidate, &c. (ft) See n. (h), above. (I) See a somewhat similar form at p. 631 of Reg, v. Mayor of Tewkesbury, L. R. 3 Q. B. 629. (m) Set out the grounds of disqualification, as, e.g. — the present mayor of the said borough, and by reason of acting as returning officer (Reg. v. Owens, 2 E. & E. 86 ; Reg. v. White, L. R. 2 Q. B. 557). PRACTICAL FORMS. 455 election, and therefore all votes given to the said at the present election will be thrown away. (Signature.) A burgess of the borough, and a candidate for the office of councillor at this present election. No. 70. Of Withdrawal by Parliamentary Candidate (n). To the Returning Officer for the Election of Members — Election, for the County (h) of . t0 wit - I, (candidate), of • , being a candidate nominated at the present election to serve in Parliament for the county (h) of , hereby give you notice that I with- draw from such candidature. Dated the day of , 19 — . (Signature.) (o) No. 71. Of Appointment of Election Agent (p). Borough (q) of , Division. Parliamentary Election 19 — . I hereby give notice that (candidate), of , in the county of Esquire, being a candidate at the above-named election, has appointed (election agent), of , in , Gentleman, as his election agent at the aforesaid election (r), and that the address of such election agent, to which all claims, notices, writs, summonses, and other documents relating to the said election may be sent, is, Central Committee Rooms (q), , , in the county of . Dated this day of , 19 — . Returning Officer. (Address.) (n) A candidate, during the time appointed for the election, may withdraw by giving a notice, signed by him, to the returning officer: seo s. 1 of Ballot Act, 1872, and Rogers on Elections, 17th ed. vol. ii., p. CJ47. (u) If the candidate is out of the United Kingdom, his proposer must sign the notice, and make a written declaration of the absence of the candidate : s. 1, Ballot Act, 1872. (/») This is the usual form for an advertisement in the newspapers. (vcrseers. Elector's Notice of Selection in the case of Duplicate entries. SCHEDULE 3. Borough Registration. Precept to the Overseers of a Parish in a Parlia- mentary Borough. Precept to the Overseers of a Parish (in a Municipal but) not in a Parliamentary Borough. Requisition by Overseers requiring Names of Inhabitant Occupiers. Notice as to Rates — to be published by the Over- seers. Notice as to Rates — to be served by the Overseers. List of names of Persons disqualified for being registered by Non-payment of the Hates due in respect of the Premises named therein. 458 PRACTICAL FORMS. Schedule No. Sched. 3.— D 1. Div. 1 Sched. 3.— D 1. Div. 2 Sched. 3.— D 1. Div. 3 Sched. ?,.— D 2 Sched. 3.— D 3 Sched. 3.— G .. Sched. 3.— H 1 Sched. 3.— H 2 Sched. 3.— I 1... Sched. 3.— 12.., Sched. 3.— K 1 Sched. 3.— K 2 Sched. 3.— K 3 Sched. 3.— K 4 Sched. 3.— K 5 Sched. 3.— L 1 Sched. 3.— L 2 Sched. 3.— L 3 Sched. 3.— L 4 Sched. 3.— M .. Sched. 3.— N 1 Sched. 3.— N 2 Sched. 3.— O 1 Sched. 3.— O 2 Sched. 3.— P .. E. &S. No. 19 20 Description of Form. 21 22 23 21 25 26 27 28 29 30 31 32 33 34 35 ?.G 37 38 39 40 41 42 43 List of Persons entitled to be registered as Parlia- mentary Electors and Burgesses, or as County Electors, in respect of the Occupation of Property. List of Persons entitled — in respect of the Occupa- tion of Property— to be Kegistered as Parliamen- tary Electors, but not to be Enrolled as Burgesses (or registered as County Electors). List of Persons entitled in respect of Occupalion to be enrolled as Burgesses or registered as County Electors, but not as Parliamentary Electors. Keserved Rights List (Parliamentary). Old Lodgers' List. Non-Resident List. Notice of Claim (Occupation Electors). Parlia- mentary and Local Government (other than Lodgers). Notice of Claim (Lodgers). Notice of Objection— to be given to Overseers. Notice of Objection— to be given to persons Ob- jected to. List of Occupier Claimants (Parliamentary and Local Government). General List of Claimants (Parliamentary). List of Lodger Claimants. List of Claimants (Local Government). List of Claimants (Parocbial Electors). List of Persons objected to (Parliamentary and Local Government). List of Occupiers objected to (Parliamentary). List of Lodgers objected to (Parliamentary). List of Persons objected to (Local Government). Declaration for Correcting Misdescription in List. Notice of Withdrawal of Objection to be given to Person objected to. Notice of Withdrawal of Objection to be sent to the Town Clerk. Notice Reviving an Objection to be given to person objected to. Notice Reviving an Objection to be given to the Town Clerk. Elector's Notice of Selection in the case of Duplicate Entries. PRACTICAL F0I7MS. 459 No. 72. Of Claim in respect of the Occupation Franchise, Parlia- mentary and Local Government (other than Lodgers). For Parishes not in a Parliamentary Borough, (t) To the Overseers of the Parish (or Township) of I claim to have my name inserted in the lists of your parish [or township] of the parliamentary electors for [the (u) parlia- mentary division of] the county of , and of county electors for the administrative county (x) [or burgesses of the borough] of [or to have my name entered in the parochial electors' list for your parish (or township)] in respect of the qualification named below (y) [and to have my name omitted from the corrupt and illegal practices list]. Name of claimant in full, surname being first. Place of abode. Nature of qualification. Description of qualify- ing property. Dated the dav of 19—. (Signed. Form of Direction when sent by Post. of To the Overseers of the in the Note. — If the claim is to be registered as a parliamentary elector only, or as a county elector [or burgess] only, or only to be entered in the Parochial Electors' List, the form must be altered accordingly. (t) This notice must be served on the overseers on or before the 20th August. (u) If the county is not divided, erase the words "parliamentary division of the." (as) If the claimant claims as a "county elector," the words "[burgesses of the borough of ] " must be erased; if the claim is as a burgess, the words " county electors for the administrative county" must be erased; and if the claim is for parliamentary only, both the above descriptions must be erased. (y) If the claimant's name is not on the corrupt and illegal practices list the remainder of the sentence should be erased. 460 PRACTICAL FORMS. No. 73. Of Claim (z) (Occupation Electors) Parliamentary and Local Government (other than Lodgers). (Borough Registration.) To the Overseers of the Parish (or Township) of . I claim to have my name inserted in the lists for your parish [or township] of the parliamentary electors for the parliamentary borough of and of burgesses for the municipal borough of (a) [or to have my name entered in the parochial electors' list for your parish [or township]] (b) in respect of the qualification named below (c) [and to have my name omitted from the corrupt and illegal practices list]. Name of claimant in full, surname being first. Place of abode. Nature of qualificatiou. Description of qualify- ing property. X Dated the day of 19—. (Signed). Form of Direction when sent by Post. To the Overseers of the of in the . . Note. — If the claim is to be registered as a parliamentary elector only, or as a burgess [or county elector] only, or only to be entered in the parochial electors' list, the form must be altered accordingly. No. 74. Of Claim (Lodgers) in respect of the Occupation Franchise. For Parishes not in a Parliamentary Borough. To the Overseers of the Parish [or Township] of . I claim to have my name inserted in the list of electors in your (z) This notice must be served on or before 20th August (Precept, Part II. r. 40). (a) If the parish is not in a municipal borough, substitute "county electors for the administrative county" for "burgesses for the municipal borough." (b) If the claim is to be registered both as a parliamentary elector and a burgess [or county elector] in respect of the same property, this notice is sufficient for both claims. (c) If the claimant's name is not on the corrupt and illegal practices list, strike out these words. PRACTICAL FORMS. 161 parish of [or township j for the [ n respect of the qualification named below. (d) division of the] county XT ... ,. Description of mom- Street, lane, or other place, occupied, and and Dumber (if any) of Amount of whether furnished house in which lodgings rent paid. or not. situate full, surname being first. Name and address ol landlord or other person to whom rent is paid. I hereby declare that I have during the twelve calendar months immediately preceding the fifteenth day of July in this year, f [ex- cept during the period between the day of and the day of when I was absent in the performance of (e) J t (/ ) occupied as sole tenant [or as joint tenant with ], and resided in the above-mentioned lodgings, and flint those lodgings are of a clear yearly value, if let unfurnished, of ten [or twenty] pounds or upwards, t and I hereby declare that I am on the register of electors for the said division (or county) in respect of the same lodgings as above-mentioned, and I desire to have my name inserted in the old lodgers' list t (/)• Dated the day of , 19 — . (Sir/nature of Claimant.) I, the undersigned, hereby declare that I have witnessed the above signature of the above-named claimant at the date stated above, and that I believe the above claim to be correct. Dated the day of , 19 — . (Signature of Witness.) (Residence and Calling.) Note. — If the claim is in respect of different rooms successively occupied as lodgings in the same house, the notice of claim must specify each room or set of rooms so occupied. If the claimant is on the register in respect of the same lodgings, and desires to have his name inserted in the old lodgers 1 list, pub- lished on or before the first day of August, he must send in his claim on or before the twenty-Jifth day of Jvly. Tn any other case he must send it in aflu r the last day of Jvly, and on or before the twentieth day of August. If there are two joint lodgers, the yearly value of the lodgings must be twenty pounds or upwards. If a lodger, during any part of the qualifying period not exceeding four months at any one time, has, in the performance of any duty arising from or incidental to any office, service, or employment held or undertaken by him, been absent from his lodgings, although he retained them in his occupation, he is entitled to be registered as if he had inhabited his lodgings during that period. ( mo r>f ui„,„,, ( ;„ Descri] it iuii of rooms Street, lane, or other place, fuU su n tic be ne occupied, and and number (if any) of I Amount of iun, Bunwme oung w hethcT furnished house in which lodgings rent paid. Name and address of landlord or other person to whom rent is paid. I hereby declare that I have during the twelve calendar months immediately preceding the fifteenth day of July in this year f [ex- cept during the period between the day of and the day of when I was absent in the performance of (h) ] f (i) occupied as sole tenant [or as joint tenant with j, and resided in the above-mentioned lodgings, and that those lodgings are of a clear yearly value, if let unfurnished, of ten [or twenty] pounds or upwards, f and I hereby declare that I am on the Register of electors for the said parliamentary borough in respect of the same lodgings as above-mentioned, and I desire to have my name inserted in the old lodgers' list t (*)• Dated this day of , 19 — . (Signature of Claimant.) I, the undersigned, hereby declare that I have witnessed the above- named signature of the above-named (the claimant), at the date stated above, and that I believe the above claim to be correct. Dated the day of , 19 — . (Signature of Witness.) (Residence and Galling.) Form of Direction when sent by Post. To the Overseers of the of in the L_ Note. — If the claim is in respect of different rooms successively occupied as lodgings in the same house, the notice of claim must specify each room or set of rooms so occupied. If the claimant is <>n the register in respect of the same ((/) See note above. (h) Here set out duty which caused the absence. (i) Omit the words between crosses if they are not applicable. 464 PRACTICAL FOB MS, lodgings, and desires to have his name inserted in the old lodgers' list, pub- lished on or before the first day of August, he must send in his claim on or before the twenty-fifth day of July. In any other case he must send it in after the last day of July, and on or before the twentieth day of August. If there are two joint lodgers, the yearly value of the lodgings must be twenty pounds or upwards. If a lodger, during any part of the qualifying period not exceeding four months at any one time, has, in the performance of any duty arising from or incidental to any office, service, or employment held or undertaken by him, been absent from his lodgings, although he retained them in his occupation, he is entitled to be registered as if he had inhabited his lodgings during that period. No. 76. Of Objection to be given to Overseers (Borough Registration) (k). To the Overseers of the Parish (or Township) of I hereby, give you notice that I object to the name of being retained on [division of J the list of electors of your parish [or township] as a parliamentary elector for the parliamentary borough of (/). Dated the day of ■ , 19 — . (Signature), of (m) , on the list of parliamentary electors and burgesses or county electors for the parish [or township] of . Note. — The notice of objection should, if there is more than one list, specify the list, and if the list referred to is made out in divisions, should specify the division to which the objection refers, and if the list contains two or more persons of the same name, the notice should distinguish the person intended to be objected to. If the notice refers to Division I. of the occupiers' list, the reference to a burgess [or county elector] may be inserted, but if the notice refers to Division II. of the occupiers' list or to the lodgers' list, the reference to a burgess [or county elector] should be omitted, and if the notice refers to Division III. of the occupiers' list, the reference to a parliamentary elector should be omitted. If the objection is to a parliamentary elector the objector must sign himself as being on the list of parliamentary electors ; if the objection is to a burgess [or county elector] the objector must sign himself as being on the list of burgesses [or county electors] ; and if the objection is to a person both as a parliamentary elector and as a burgess [or county elector], the objector must sign himself as being on the list as both. (7;) This notice must be served on or before 20th August. (Precept, Part II. r. 41). (I) If there is a corrupt and illegal practices list, and the electors name is on it, add "and to the omission of the said name from the corrupt and illegal practices list." (m) Place of abode, as described in the list. PRACTICAL FORMS. 465 No. 77. Of Objection to be given to Person ohjected to (Boroui/h Registration) (n). To . I hereby give you notice that I object to your name being retained on * | division of] the list of electors for the parish [ or township] of as a parliamentary elector for the parliamentary borough of (o) and as a burgess for the municipal borough of (})) on the following grounds (q), viz. : — 1. That [e.g.] you have not occupied for 12 months to July 15th. 2. That 3. Dated the day of , 19 — . (Signature.) of (r) , on the list of parliamentary electors and burgesses [or county electors] for the parish [or township] of . (ii) This notice must be served on or before 20th August. (<>) If the parish is not in a municipal borough, substitute "county elector for the administrative county " for "burgesses for the municipal borough." If this notice refers to division one of the occupiers' list the reference to a burgess or county elector may be inserted, and in this case these notices are sufficient. (/;) If there is a corrupt and illegal practices list, and the elector's name is on it, add ' ' and to the omission of your name from the corrupt and illegal practices list." (7) State specifically the grounds of objection. (r) Place of abode as described in the list. *Note. — This notice of objection should, if there is more than one list, specify the list, and if the list referred to is made out in divisions should specify the division to which the objection refers, and if the list contains two or more persons of the same name the notice should distinguish the person intended to be objected to. If the notice refers to division one of the occupiers' list, the reference to a burgess [or county elector] may be inserted ; but if the notice refei's to division two of the occupiers' list or to the lodgers' list, the reference to a burgess [or county elector] should be omitted ; and if the notice refers to division three of the occupiers' list, the reference to a parliamentary elector should be omitted. If the objection is to a parliamentary elector, the objector must sign himself as being on the list of parliamentary electors ; if the objection is to a burgess [or county elector], the objector must sign himself as being on the list of burgesses [or county electors] ; and if the objection is to a person both as a parliamentary elector and as a burgess [or county elector], the objector must Bign himself as being on the list as both. 2h 466 PRACTICAL FORMS. No. 78. Of Objection {Occupation Franchise) to be given to Overseers {for Parishes not in a Parliamentary Borough) (s). To the Overseers of the Parish {or Township) of . I hereby give you notice that I object to the name of being retained on [division of] the * list of electors for your parish [or township] as a parliamentary elector for [(t) the parliamentary division of] the county of and as a county elector for the administrative county [or burgess of the borough] of [and to the omission of the said name from the corrupt and illegal practices list] (u). Dated the day of , 19 — . (Signature.) of (x) , on the list of parliamentary electors [and county electors or burgesses] for the x parish [or township] of . No. 79. Of Objection {Occupation Franchise) to be given to Person objected to {for Parishes not in a Parliamentary Borough) (?/). To M— . I hereby give you notice that I object to your name being 0) This notice must be served on or before the 20th August (Precept, Part II. r- 41). ,. . . (t) If the county is not divided, erase the words " parliamentary division ot. (u) If there is a corrupt and illegal practices list, and the elector's name is on it, add these words. (x) Place of abode as described in the list. (i/) This notice must be served on or before the 20th August. * Note.— This notice of objection should, if there is more than one list, specify the list, and if the list referred to is made out in divisions, should specify the division to which the objection refers; and if the list contains two or more persons of the same name, should distinguish the person intended to be objected to. If the notice refers to division one of the occupiers' list, the reference to a county elector [or burgess] may be inserted, but if the notice refers to division two of the occupiers' list or to the lodgers' list, the reference to a county elector [or burgess] should be omitted; and if the notice refers to division three of the occupiers' list, the reference to a parliamentary elector should be omitted. . If the objection is to a parliamentary elector, the objector must sign himselt as being on the list of parliamentary electors ; if the objection is to a county elector [or burgess], the objector must sign himself as being on the list of county electors [or burgesses]; and if the objection is to a person as both parliamentary elector and county elector [or burgess], the objector must sign himself as both. PRACTICAL FORMS. 467 retained on [division of] the * list of electors for the parish [or township] of as a parliamentary elector for [(z) the parliamentary division of] the county of and as a county elector for the administrative county [or burgess of the borough] of [and to the omission of your name from the corrupt and illegal practices list («)] on the following grounds (b), viz. : — 1. That [e.g., you have not occupied for 12 months to July 15th]. 2. That 3. Dated the day of , 19—. (Signature.) of (e) - — , on the list of parliamentary electors and county electors or burgesses] for the parish or township] of . No. 80. Of Withdrawal of Objection, Notice to the Person objected to {for Parishes not in a Parliamentary Borough). To I hereby give you notice that I withdraw my objection to your name being retained on the list of(cZ) fso far as regards the (z) If the county is not divided, strike out the words "division of." (a) Strike out if not necessary. (b) The grounds of objection must be set out specifically. (c) Place of abode as in the list of electors or burgesses. {d) If there is more than one list, or more than one division, the notice should specify the list and division to which the withdrawal refers ; and if the list contains two or more persons of the same name, the notice should distinguish the person referred to. * Note. — This notice of objection should, if there is more than one list, specify the list, and if the list referred to is made out in divisions, should specify the division to which the objection refers; and if the list contains two or more persons of the same name, should distinguish the person intended to be objected to. If the notice refers to division one of the occupiers' list, the reference to a county elector [or burgess] may be inserted, but if the notice refers to division two of the occupiers' list or to the lodgers' list, the reference to a county elector [or burgess] should be omitted, and if the notice refers to division three of the occupiers' list, the reference to a parliamentary elector should be omitted. If the objection is to a parliamentary elector, the objector must sign himself as being on the list of parliamentary electors ; if the objection is to a count} 7 elector [or burgess], the objector must sign himself as being on the list of county electors [or burgesses]; and if the objection is to a person as both parliamentary elector and county elector [or burgess], the objector must sign himself as beincc on the lists as both. 468 PRACTICAL FORMS. ground of objection numbered in my notice to you of such objection.! (e) Dated the day of , 19 — . {Signature.) The notice should be signed as follows : — If the objection is to a parlia- mentary elector, the objector must sign himself as being on the list of parlia- mentary electors ; if to a county elector (or burgess), as being on the list of county electors (or burgesses) ; if to a person as both parliamentary elector and county elector (or burgess), the objector must sign as being on the lists as both. No. 81. Of Withdrawal of Objection, Notice to the Overseers (for Parishes not in a Parliamentary Borough). To the Overseers of the Parish [or Township] of . I hereby giv^e you notice that I withdraw my objection to the name of being retained on the list of (/) f so far as regards the ground of objection numbered in my notice to him of such objection.! (e) Dated the day of , 19 — . {Signature.) The notice should be signed as follows : — If the objection is to a parlia- mentary elector, the objector must sign himself as being on the list of parlia- mentary electors ; if to a county elector [or burgess], as being on the list of county electors [or burgesses] ; if to a person as both parliamentary elector and county elector [or burgess], the objector must sign as being on the list as both. No. 82. Of Withdrawal of Objection (Borough Registration). To Mr. . I hereby give you notice that I withdraw my objection to your name being retained on [division of] the list of (g) fso far as regards the ground of objection numbered in my notice to you of such objection! (e). Dated the day of , 19 — . (Signature.) Qi) (e) Omit the words between crosses if the objection is wholly withdrawn. (/) If there is more than one list, or more than one division, the notice should specify the list and division to which the withdrawal refers, and if the list contains two or more persons of the same name, the notice should distinguish the person referred to. (g) If there is more than one list, and if a list is made out in divisions, the notice should specify the list and division to which the withdrawal refers, and if the list contains two or more persons of the same name, the notice should distinguish the person intended. (A) If this notice relates to a parliamentary elector, the objector must sign as being on the list of parliamentary electors ; if to a burgess (or county PRACTICAL FORMS. 469 No. 83. Of Withdrawal of Objection {Borough Registration). To the Town Clerk of . I hereby give you notice that I withdraw my objection to the name of being retained on [division of] the list of (/) fso far as regards the ground of objection numbered in my notice to him of such objection f (j). Dated the day of , 19—. {Signature.) (7c) No. 84. Reviving an Objection to Municipal Voter (Borough Registration). To Mr. (I). I hereby give you notice that I revive the objection which was made by , since deceased, to your name (m) being retained in the list (n) of ■ (o). Dated the day of , 19 — . (Signature.) (^) No. 85. By Voter of Selection in tlie case of Duplicate Entries (Borough Registration) (q). To the Eevising Barrister for the Parliamentary Borough of — elector), he must sign as being on the list of burgesses (or county electors) ; if to a person both as parliamentary elector and as a burgess (or county elector), he must sign as being on the list as both. (i) If there is more than one list, and if a list is made out in divisions, the notice should specify the list and division to which the withdrawal refers, and if the list contains two or more persons of the same name, the notice should distinguish the person intended. (./) Omit the words between crosses if the objection is wholly withdrawn. (A 1 ) If this notice relates to a parliamentary elector, the objector must Bign as being on the list of parliamentary electors ; if to a burgess (or county elector), he must sign ;is being on the list of burgesses (or county electors) ; if to a person both as parliamentary elector and as a burgess (or county elector), he must sign as being on the list as both. (I) Or, — the town clerk of . (m) Or, — to the name of . (n) See n. (i). (u) See n. («). (p) See n. (&). (q) See Form (P) in third Schedule of Registration Act, 1885. 470 PRACTICAL FORMS. I hereby elect to vote in respect of the following entry in the list (r) of voters for the parish (s) of . Name of claimant in full, surname being first (Q. Place of abode. Nature of qualification. Description of qualify- ing property. Dated this day of 19—. (Signature.) No. 86. ! Of Claim by Freemen to be given to the Town Clerk. To the Town Clerk of the City (u) of I hereby give you notice that I claim to have my name inserted in the list made by you of persons entitled as freemen to vote in the election of a member (x) to serve in Parliament for the city (y) of -, and that my qualification is as freeman of , and that I reside in Street, in this city (y). Dated this day of , 19 — . (Signature.) No. 87. Of Claim by Liveryman in City of London (z). To the Secondaries of the City of London (a). I hereby give you notice, that I claim to have my name inserted in the list made by the clerk of the company of (b), of the livery- (/•) The list should be specified, and if the list is made out in divisions, the division in which the entry referred to appears. (s) Or, — township. {t) Copy the entry in the list of voters which the voter wishes to have retained for voting. («) Or, — borough. (x) Or, — members. ('!/) Or, — borough. (z) This is the notice to be given to the Secondaries of the City of London, and to the clerks of the respective livery companies, according to Form No. 2, Schedule (C) of the Registration Act, 1843 (6 Vict. c. 18). (a) Or, — To the clerk of the company of . (b) Or, (if the notice to the clerk)— made by you. PRACTICAL FORMS. 471 men of the said company (<•), entitled to vote in the election of members for the City of London. Dated the day of , 19 — . (Signature, place of abode, and name of company.) No. 88. Of Objection to Parties inserted in the List of the Livery (d). To Mr. . I hereby give you notice, that I object to your name being retained in the list of persons entitled to vote, as freemen of the City of London, and liverymen of the company of , in the election of members for the said City. Dated the day of , 19 — . (Signature and place of abode.) on the list of voters of . No. 89. Of Objection to be given to the Secondaries of the City of London and to the Clerks of the respective Livery Com- panies (e). To the Secondaries of the City of London (/). I hereby give you notice, that I object to the name of (g) being retained in the list of persons entitled to vote, as freemen of the City of London, and liverymen of the company of , in the election of members for the said City. Dated this day of , 19 — . (Signature and place of abode.) on the list of voters of . No. 90. Of Sale of a Copyright (Ji). To Messrs. (the Publishers), of, &c, Booksellers and Publishers. I, the undersigned (the purchaser), of, &c, Auctioneer, hereby give you and each of you notice that, by an indenture bearing date, &c, (c) Or, (if to clerk) — of the liverymen of the company of . \d) See Form No. 4 in Schedule (C) of Registration Act, 1843 (6 & 7 Vict. c. 18). (e) See Form No. 5 in Schedule (C) of Registration Act, 1843 (G & 7 Vict. c. 18). (/) Or, — To the clerk of the company of . ( — as it is indispensably necessary [in order] to close his accounts forthwith. («) See n. (1). . . (o) If more than one obligor, here insert the names and descriptions ot them all. (p) And here say — you and each of you. PRACTICAL FORMS. 473 certain bond or obligation, in writing, under yonr hand and seal (q), bearing date, Arc., whereby you became bound (r) for yourself, and your heirs, executors, and administrators unto (the obligee), of, &c, maltster, in the penal sum of pounds, with a condition there- under written for making void the same on payment of the sum of pounds, with interest for the same after the rate of £ per centum per annum on the day of now last past (s), has, in consideration of pounds, been assigned by him, [the said (obligee)], to me, my executors, administrators, and assigns : And I therefore hereby give you (t) further notice to pay the said \ prin- cipal] sum of pounds, and all interest to become due upon or in respect thereof from the said day of last (the date of the assignment), to me, my executors, administrators, or assigns, or as I, or they, shall direct. Dated this day of , 19— (u). (TJie Assignee.) No. 93. Of an Assignment of a Bool; Debt (/•). To Mr. (the Debtor), of,\vc, Grocer. I, the undersigned (assignee), of, &c, Draper, hereby give you notice that, by an indenture bearing date, &c, and made, &c, a certain debt or sum of money, amounting to [the sum of] pounds, due from you to the said (assignor) on simple contract, has (iv) in con- sideration of pounds been assigned | and transferred] to me, my executors, administrators, and assigns. And I therefore give you further notice, &c. (as in the last form) (x). No. 94. Of an Assignment of a Policy of Life Assurance by way of Mortgage (y). To the Secretary of " The Life Assurance Company," London (z). I, the undersigned (the assignee}, of, &c, Grocer, hereby GIVE you (q) Or, — hands and seals. (*) Or, — if several obligors, here insert the words — jointly and severally — bound for yourselves and your respective heirs, &c. (as above). (s) Or, — on a certain day now past. (0 If several obligors, say — you and each of you. (it) This form can easily be made applicable to a mortgage or any other assigned security. (v) See nn. (/.•) (/) on p. 472. (w) If it be desired not to show the exact consideration, here say — for the valuable consideration therein expressed. (x) For forms of notice of assignment of accruing debts, and of the distinction between them and an order for the payment of money in respect of the duty and penalty ; see Buck v. Robson, 3 Q. B. D. 686. ((/) See Porter on Insurance, 4th ed. 344, 345. (z) This description should of course follow the name and place where the policy was effected, as some offices have several places of business. 474 PRACTICAL FORMS. notice that, by an indenture bearing even date herewith (a), (the assignor), of, &c, Draper, has assigned to me, my executors, adminis- trators, and assigns, by way of mortgage (h), All his right and interest in and to a certain policy of assurance, numbered , and bearing date the day of , 19 — , and effected by him on his own life (c), with the above-named company, in the sum of pounds, and in and to all bonuses and additions whatsoever thereto and thereon. And I give you further notice, therefore, not to pay any moneys due or payable, or to become payable upon or by virtue of the said policy, either to the said (assignor), his executors, or administrators, or to any person or persons other than to me, my executors, administrators, or assigns, or as I, or they, shall direct, during the continuance of my security as such mortgagee as aforesaid. Dated this day of , 19 — (d). (The Assignee.) No. 95. A Short Form. To the Secretary of "The Life Assurance Company," London (e). I, the undersigned (assignee), of, &c, Grocer, hereby give you notice that, by an indenture bearing date, &c, (the assignor), of the same place, gentleman, has assigned to me, my executors, adminis- trators, and assigns, by way of mortgage, All his right and interest in and to a certain policy of assurance, numbered , and bearing date, &c, effected by (the assignor) with the above-named company, on his own life, in the sum of pounds, and also his right and interest in and to all bonuses and additions thereon and thereto. And I give you further notice not to pay any moneys now, or hereafter to become, payable upon or by virtue of such policy, either to the said (assignor), his executors, or administrators, or to any person or persons whomsoever other than to me, my executors, administrators, or assigns, during the continuance of my security, as such mortgage as aforesaid (d). Dated this day of , 19 — . (The Assignee.) ( a ) Or, — bearing date the day of last — or, of this instant month of . (b) Or, — for the general benefit of his creditors. s c \ 5 — effected by A. B., on his own life, with the above-named company, in the sum f pounds, and by the said A. B. assigned to the said (assignor) ; and in and to all, &c. (as above). (d) A fee of 5s. is payable on the delivery of an acknowledgment in writing of the receipt of this notice (the Policies of Assurance Act, 1867, s. G). (e) This description should of course follow the name and place where the policy was effected, as some offices have several places of business. PRACTICAL FORMS. 475 No. 96. Of an Absolute Assignment of a Policy of Life Assurance. I, the undersigned {the assignee), of, &c, Grocer, hereby give you notice that, by an indenture bearing even date herewith, (the assured) [heretofore, of, &c, but now] of, &c., Draper, has [for the valuable consideration therein expressed] assigned and transferred absolutely unto me, the said (assignee), my executors, administrators, and assigns, all his right, title, and interest in and to a certain in- strument or policy of assurance, bearing date, &c, and numbered , whereby the Assurance Company did assure unto the said (assured) the sum of — — pounds, to be paid to the execu- tors, administrators, or assigns of the said (assured), calendar months next after proof of his decease, on payment of the annual premium [or sum] of pounds provided to be paid during the life of (the assured). And I give you further notice, that the said policy of assurance, and all bonuses and additions thereto and thereon, and all other benefit and advantage whatsoever to be had and derived therefrom, are now vested in (/ ) and become the absolute property of me the said (assignee) [subject only to the payment of the said premium and to the terms and conditions of the said policy] (g). Dated this day of , 19 — . (The Assignee.) To the Secretary of The Assurance Company (or, as the ease may he) (h). No. 97. A shorter Form. I, the undersigned (the assignee), of, &c, Gentleman, hereby give you notice, that by an indenture, bearing date, &c, (the assured), formerly of, &c, but now of, &c, Gentleman, for the valuable consideration therein expressed, has assigned to me, my executors, administrators, and assigns, a policy of assurance, bearing date, &c, and numbered , whereby the Assurance Society assured the sum of pounds, to be paid to the executors, administrators, or assigns of the said (assured), calendar months next after [proof of] his decease, on payment of the annual premium or sum of pounds in the meantime. And that the said policy and all benefits and advantages whatsoever to be derived therefrom, arc now (/) Or, shorter — and now belongs absolutely to me. ((/) Seu n. ('/) on preceding page. (A) See n. (z) p. 473. 476 PRACTICAL FORMS. vested absolutely in me [subject to the payment of the said premium, and to the terms and conditions of the said policy]. Dated this day of , 19 — . (The Assignee.) To the Secretary of The Assurance Company (or, as the case may be). No. 98. Of Assignment of an Annuity. (By the Assignor.) I, the undersigned (the assignor), do hereby GIVE YOU NOTICE, that, by a certain indenture of assignment, bearing date, &c, and made between, &c, I [the said (assignor)] have for the valuable con- siderations therein mentioned sold and assigned to (the assignee), of, &c, Draper, his executors, administrators, and assigns, All that annuity or clear yearly sum of pounds, granted in and by a certain indenture, bearing date, &c, made, &c. (i). And also all my right, title, beneficial interest, claim and demand whatsoever, of, in and to, the same : Together with all arrears of the said annuity then due and payable : To hold the said annuity, moneys, and pre- mises unto the said (assignee), his executors, administrators, and assigns, absolutely for his and their own use and benefit (j). And I give you further notice and require you henceforth to pay the said annuity, moneys, and premises, or cause the same to be paid, unto the said (assignee), his executors, administrators, or assigns, for his and their own use and benefit, or as he or they shall, from time to time, by any writing under his or their hand or hands, direct or appoint, [and to no other person or persons upon any account or under any pretence or pretext whatsoever] (I). Dated this day of , 19 — . (TJie Assignor). To Mr. (the party paying). (0 Or,— by the last will and testament of A. B., late of, &c, Gentleman, deceased, bearing date, &c, given and bequeathed absolutely to me [the said (assignor)], &c. (as above). (./) Or, — if by way of mortgage — for securing — or, better securing the repayment of the sum of pounds [this day] advanced and lent by him to me, and the interest thereof, according to the tenor of a bond — or, agreement bearing date, &c. — or, even date herewith — given by me for the same. And also all such other sum and sums of money, not exceeding, in the whole, the sum of pounds, as shall hereafter be due and owing from me to him, with interest for same after the rate of per centum per annum, clear of all deductions whatsoever. A clause appointing the assignee the attorney of the assignor is not necessary if notice in writing is given to the debtor : Jud. Act, 1873, s. 25 (6). A mortgage is an "absolute assignment within this clause:" see Durham v. Robertson [1898], 1 Q. B. 765. (A;) Or, shorter — him and them. (0 Or, if by way of mortgage, say — until you shall have received further notice from me. PRACTICAL FORMS. 477 No. 99. Of Withdrawal of Claim for a Life Policy. (By a Mortgagee or Assignee.) To the Secretary of " The Life Assurance Company " (mj London. I (») hereby give you notice that I have now no charge or claim whatever (o) upon the policy numbered , and dated the day of , 19—, effected by (the assured) with the above- named company, on his own life (p), in the sum of pounds [on payment of the annual premium of £ (q)]. And I there- fore hereby withdraw the notice served upon you on the day of ; > 19—, of the claim I then had on the said policy ; such claim having been fully satisfied. Dated this day of , 19—. (Signature.) No. 100. Of an Equitable Charge by way of Mortgage. (Second Mortgagee to First Mortgagee.) To Mb. (the first mortgagee), of, &c, Grocer. Take notice that, by an agreement, dated, &c, (the mortgagor), of, etc., Draper, did agree to charge (r), by way of mortgage (s), All that his right [benefit] and equity of redemption of fn and to his freehold (t) estate called " ," situate, &c, and in the occupation of A. B., as tenant, and now in mortgage to you, — with the repayment of the sum of pounds lent and advanced by me (u) to him, together with interest thereon after the rate of per cent, per annum. Dated this day of , 19—. (The Second Mortgagee.) (x) (to) See n. (z) to Form No. 94, supra. (n) Or, if given by an agent— on behalf of (the mortgagee— or . assignee)— of &c gentleman. J ' ' Or,— on behalf of "The Banking Company" at B., I hereby, &c. fas above). v (o) Or,— that my claim on the policy numbered , dated, &c, effected, &c, has been fully satisfied. And I therefore, &c. (omitting the last six words). (p) Or,— on the life of A. B.— or, if by a spinster afterwards married, here add — in her then maiden name of A. D. (q) The words within brackets may be omitted ; but they help to identify the policy. J (r) If so — with other property. (s) Or,— by way of equitable mortgage— or, collateral security. (t) Or, — leasehold — or, copyhold. On) If the notice be given by a solicitor or agent, instead of the words by me substitute— by (the mortgagee) of, &c„ draper, to him, &c. (x) If the notice is signed by a solicitor or agent, add: solicitor— or, agent of . 478 PRACTICAL FORMS. No. 101. To Persons attending an Auction of the Consequences of purchasing the Property offered for Sale (y). Whereas a freehold (z) dwelling-house, with the outbuildings and garden thereunto belonging, situate at, &c, and in the occupa- tion of A. B. [at the annual rent of £ ], is advertised to be sold [as Lot ] by auction [by Messrs. C. & D.], by, or by the direction of (the intended vendor), of, &c, maltster, at the Hotel, in D. aforesaid, on - — , the day of , 19 — . Now the said (intended vendor) and all persons attending such auction, are hereby notified and warned that the said (intended vendor) has no authority whatever, either as mortgagee or otherwise, to sell the said dwelling- house (a) and premises, or to offer the same for sale ; And that whoever shall attempt to purchase the same (b) in defiance of this notice, will be made a party to proceedings in the Chancery Division of the High Court of Justice, which will be immediately instituted for an injunction [to restrain such sale], and will be liable to the costs thereof. Dated this clay of , 19 — . (The True Owner.) No. 102. By Vendor to Purchaser to complete a Purchase, preparatory to commencing an Action for Specific Performance of a Contract (c). To Mr. (the purchaser), of, &c, Draper. Whereas in or about the montli of , 19 — , I agreed to sell (d), and you agreed to purchase, by private contract, All that farm (e), called or known by the name of " ," situate, &c, and (■;/) This notice should be affixed conspicuously on the property proposed to be offered for sale, — on the outside of the place wherein the auction is to be held, as well as in the auction room, — and a copy should be served on the auctioneer — the intended vendor — and his solicitor. (z) Or, lifehold cottages and gardens situate, &c, in the occupation, &c, at the respective rents of £ and £ — — (and if so) together with a policy of £ in the office (gi/oing the description of the property from the. particulars of sale). (a) Or, — cottages and premises, or any or either of them. (b) Or, — any or either of them. (c) This form may be very much curtailed in practice by omitting such clauses as are not actually necessary under the circumstances. (d) Or, — Whereas on the day of last, you purchased at a public auction, held at D. in the county of H.— or, at Garraway's in the City of London (or, as the case may be). (e) Or, — all that dwelling-house, with the outbuildings and garden thereunto belonging, situate at, &c, and now in the occupation of A. B. (or, as the case may be). PRACTICAL FORMS. 479 now partly in the occupation of A. B., and partly in my own occupation (/), at [or for] the price of pounds (g); which sum was to be paid in such manner and on such terms and conditions as are stated in the memorandum next hereinafter mentioned (It). And whereas such agreement was reduced into writing and was duly signed by us (i) [on the day of the date thereof, namely], on the day of the said month of , one thousand nine hundred and , and the same was in the words and figures following: — [here set out verbatim a copy of the contract] (k). And WHEREAS you, in pursuance of such agreement paid me (J) the sum of pounds as a deposit on, and in part payment of the said purchase money ; but have not since paid any further portion thereof. And whereas there is still due to me, as the remainder of the said purchase money, the sum of pounds (m). And whereas the title to the said hereditaments and premises, as shown by me, has been long since approved on your behalf, and repeated applications have been made by me, and on my behalf, to you to complete the said purchase and accept the possession of the said hereditaments and premises, but without effect. Now I HEREBY give you notice that I am ready and willing, and hereby offer (n) to deliver up to you the possession of the said hereditaments and premises and the title-deeds relating thereto : And also to execute all such conveyances or assurances thereof, and to do, and procure to be done all such acts and things as may be deemed necessary by you, or on your behalf (o), for effectually vesting the fee simple and inheritance of the said farm and premises in you, or in such person or persons as you may direct, whenever such conveyances or assur- ances, having been first approved by my counsel or solicitor on (/) If sold as a lot, hero add — being lot . (g) Or, — subject to the conditions of such sale (if so) then and there read (<>/', as the case may be). (k) If the sale was by auction the next clause must be omitted. (i) Or, — by me and you the said (purcliascr). (k) If part of the property be let to yearly tenants and the other part he unoccupied or in the hands of the vendor, the following clause may be added Ami WHEREAS the cottages on the said farm are now let to yearly (<>/• oth r) tenants, who are willing to attorn and pay their rents as I shall direct, and a cottage called "Butt's Cottage" with the garden thereto (or other part) is, at present unoccupied — or, a close called " Close" in my own occupation. (I) Or, — the auctioneer. {■m) If any abatement or allowance is to be made out of the purchase money, here insert the following clause when applicable — And WHEREAS, you having required to be allowed to deduct out of the residue of the said purchase money the sum of pounds, being the amount, as estimated by your own surveyor, of certain dilapidations alleged to have taken place on the said premises since the date of the said agreement, I am willing and hereby offer to allow you to deduct that sum accordingly, leaving the sum of ■ pounds due to me from you in respect of the said purchase. (n) If so, — to procure the tenant of the said cottage and garden to attorn and pay his rent for the same to you; And also, &c. (us above). (u) If sold by auction, here add — according to the said conditions of sale. 480 PRACTICAL FORMS. my behalf, may be tendered to me for that purpose, or such acts shall be required to be done, on being paid the residue of the said purchase money after making such deduction thereout as aforesaid. And I hereby give you further notice that, unless you comply with the terms of this notice within days from the date hereof (p), I shall, without further warning or delay, take such steps against you [either] for enforcing specific performance of the said agreement [or for damages in respect of the breach thereof] as I may be advised. Dated this day of , 19 — . (The Vendor.) No. 103. Of Change of Surname (q). I, A. B. (r), heretofore called and known by the name of A. D., late' of, &c, but now of, &c, Grocer, do hereby give public notice that, on the day of this present month of (s), I did, for and on behalf of myself and my heirs lawfully begotten, formally, wholly, absolutely [and utterly] renounce, relinquish, and abandon (t) the use of my said surname of D., and then assumed and adopted and determined thenceforth in all records, deeds, documents, and writings, in all actions, suits, and proceedings, — in all dealings, transactions, matters and things, — and upon all other occasions whatsoever, — to use and subscribe the name of " A. B." (u) instead of the said name A. D., and, so as that I and my heirs, lawfully begotten, might, at all times thereafter, be called, known, and distinguished by the said name of A. B., and of A. B. only. And I give further notice that, by a deed poll, bearing date on the said day of instant, duly executed, and attested and acknowledged, and inrolled in the Central Office of the Supreme Court of Judicature on the day of the said month of , I formally, wholly, absolutely, and utterly renounced, relinquished, and abandoned the said surname of " D.," and declared that I had assumed, adopted, determined, and intended ( p) Or, other period. 9 (a) A person may assume a new surname without taking any formal step in connection therewith, but it is usual and convenient for evidential purposes to notify the change in some public way : most commonly by advertisement of the inrolment of a deed poll declaring the change in the Central Office ; but if other conditions are required by a will, settlement, &c, these must be com- plied with. For a form of deed poll, see ante, pp. 252, 253. (r) The name assumed. (s) Add (if so) — in compliance with the will, dated the day of , 19 — , of f t & c ., deceased, proved in the registry of the Probate Division of the High Court of Justice. (t) If the surname is not in substitution of, but in addition to, the present name, the wording must be altered accordingly. (n) The name assumed. PRACTICAL FORMS. 481 thenceforth, upon all occasions whatsoever, to use and subscribe myself by the name of A. B. instead of A. D.; and 80 as to be, at all times thereafter, called, known, described, and distinguished by the name of A. B. exclusively. Dated, &c. (Signature.) A. B., late A. D. No. 104. To Poor Law Guardians of the Readiness of a Husband lo Support his deserting Wife and Children on her return- ing, with them, to Cohabitation (<#). To the Guardians and Overseers of the Poor of the Parish of L., in the County of C. I, the undersigned (husband), belonging to and residing at , in the parish of D., in the county of 0., Dealer, hereby give you notice that I am willing, ready, and able, — and I hereby offer to maintain and clothe my wife and children, named (stating the names), at my own expense, on her returning, with them, to cohabi- tation with me ; and that, in default of their so returning forthwith, I shall no longer hold myself responsible for their maintenance and clothing. And I give you further notice and require you not to pay them, or any or either of them, or to any person for them, or any or either of them, any money on my account, for their or any or either of their maintenance or clothing, or on any other account whatsoever. Dated this day of , 19 — . (The Husband.) (.') Under the Poor Law Acts the guardians of any parish can compel a husband to support his wife, not an adulteress, and his children chargeable to his proper parish ; but he has a right to insist upon his wife (with the children which she harbours from him) returning to cohabitation when he is willing and able to support them. 2i 482 PRACTICAL FORMS. PART XL.— PETITIONS. No. 1. In Bankruptcy by Debtor (//). In the High Court of Justice (z). In Bankruptcy. No. of 19—. Re {debtor). Ex parte (debtor). I, (a), having for the greater part of the past six months resided at (b), within the district of the Court (c), and being unable to pay my debts, hereby petition the Court that a receiving order be made in respect of my estate (d). Dated the day of , 19 — . (Signature.) Signed by the debtor in my presence. (Signature of witness.) Filed the day of , 19—. (Address and description.) No. 2. In Bankruptcy by Creditor (e). In the, &c. (as in the preceding form). Ex parte (the creditor). I, C. D., of (/), hereby petition the Court that a receiving order be made in respect of the estate of (g). (y) See No. 4 of Bankruptcy Forms, 1886; and Baldwin, Bankruptcy, 9th ed. 75; and Williams, Bankruptcy, 8th ed. 451, 452. Every bankruptcy petition requires a £5 stamp (see scale of fees under the Bankruptcy Act, 1883). For the preparation of the petition, see Bankruptcy Rules, 1886, No. 125 ; and as to the address for service of the solicitor suing out the petition, ib. No. 79. As to proceedings by or against a firm in the partnership name, Bankruptcy Act, 1883, s. 115. (z) Or, — in the county court of , holden at . (a) Name, address, and description of debtor. If the debtor resides at a place other than his place of business, both addresses should be inserted. (b) Or, — carried on business at . (c) Or, as the case may be, following the terms of s. 95 of the Bankruptcy Act, 1883. (d) Add (if so) — and that I may be adjudged bankrupt. (e) See No. 10 of Bankruptcy Forms, 1886. Stamp £5. See Baldwin, Bankruptcy, 9th ed. 73 ; Williams, Bankruptcy, 8th ed. 453. (/) Or,— we, C. D., of , and E. F., of . (fj) Insert name, address, and description of debtor. If the debtor resides at any place other than the place where he carries on business, both addresses should be inserted. PRACTICAL FORMS. 483 1. That the said A. B. has for the greater part of six months next preceding the presentation of this petition resided at (It), within the district of this Court (/). 2. That the said A. B. is justly and truly indebted to me (j) in the sum of £ (It). 3. That I (I) do not, nor does any person on my (m) behalf, hold any security on the said debtor's estate, or on any part thereof, for the payment of the said sum (n). 4. That A. B., within three months before the date of the presen- tation of this petition, has committed the following act (o) of bankruptcy, namely ( p). (Signature.) Signed by the petitioner in my presence (q). (Signature of witness) (Address and description) (r) (I) Or, — carried on business at . (i) Or, as the case may be, following the terms of s. 95 of the Bankruptcy Act, 1883. (j) Or, — us in the aggregate. (k) Set out amount of debt or debts and the consideration. The dobt must be not less than £50. (I) Or— we. (mi) Or, — our. (n) Or, — That I hold security for the payment of— or, part of — the said sum, and I estimate the value of such security at the sum of £ , or, but I will give up such security for the benefit of the creditors of A. B., in the event of his being adjudged bankrupt. Or, — That I, C. D., one of your petitioners, hold security for the payment of, &c That I, E. F., another of your petitioners, hold security for the payment of, &c. (o) Or, — acts. ( /)) Set out the act, or separately the acts, of bankruptcy. (q) If there be more than one petitioner and they do not sign together, the signature of each must be separately attested, e.g. signed by the petitioner, E. F., in my presence. If the petition be signed by a firm, the partner signing should add also his own signature, e.g. A. S. & Co., by J. S., a partner in the said firm. (/•) The indorsement on the petition is as follows : — This petition having been presented to the Court on the day of , 19 — , it is ordered that this petition shall be heard at on the day of , 19—, at o'clock in the noon. And you, the said A. B., are to take notice that if you intend to dispute tlie truth of any of the statements contained in the petition, you must file with the registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and send by post a copy of the notice to the petitioner [three] days before the date tixed for the hearing. 484 PRACTICAL FORMS. No. 3. Bjj Creditor for Administration in Bankruptcy of Estate of Deceased Debtor (.?). In the, &c. (see preceding form). Ex parte (see preceding form) (t). I, C. D., of (u), hereby petition the Court that an order be made for the administration in bankruptcy of the estate of the late (v), who died on the day of , 19 — , and say : — 1. That the said A. B., for the greater part of the six months next preceding his decease, resided (id) at , within the district of this Court (x). 2. That the estate of the said A. B. is justly and truly indebted to me (y) in the sum of £ ■ (z). 3. That I (a) do not, nor does any person on my (b) behalf, hold any security on the said deceased debtor's estate, or any part thereof, &c. (c). 4. That A. R, within three months next before the said date of his decease, committed the following act (d) of bankruptcy, namely [set out the act (e) of "bankruptcy (/)]• (Signature.) Signed by the petitioner, in my presence (g), (Signature of witness.) (Address and description.) (h) (s) Under s. 125 of the Bankruptcy Act, 1883; see No. 11 of the Bankruptcy Forms, 1886. For the procedure in respect of the petition, see Bankruptcy Rules, 1886, Nos. 200, 201, 202. The stamp on the petition is £5. For the affidavits in support, see ante, Part II., Forms Nos. 12 and 14. See also Baldwin, Bankruptcy, 9th ed. 726 ; and Williams, Bankruptcy, 8th ed. 356. As to the very useful power for a County Court Judge to make an administration order instead of an order for payment by f instalments, see Baldwin, Bankruptcy, 9th ed. 722 ; and Williams, Bankruptcy, 8th ed. 352. (t) C. D., a creditor, or the official receiver or the trustee. (u) Or, — we, C. D., of , and E. F., of . (v) Insert name and description of deceased debtor. (w) Or, — carried on business. (cc) Or, as the case may be, following the terms of s. 95 of the Bankruptcy Act, 1883. (y) Or,' — us in the aggregate. (2) Set out amount of debt or debts and the consideration. (a) Or, — we. (h) Or, — our. (c) Here follow the creditor's petition : see preceding form. (d) Or, — acts. (e) Or, — separately the acts. (/) Or, — That the will of the said A. B. (or, as the case may be) was on the — — day of , 19 — , proved by J. S., of , and G. H., of , who consent to this petition. Or, — That letters of administration (or, as the case may be) were on the day of - — ■, 19—, granted to J. S., of , and G. H., of , and that the estate of the said A. B. is [according to my information and belief] insufficient to pay his debts. (g) See n. (q) to preceding form. (A) The indorsement on this petition is as follows : — This petition having been presented to the Court on the day of , PRACTICAL FORMS. 485 No. 4. For obtaining a Licence for a Kings Counsel to defend a Prisoner (i). To His Majesty's Secretary of State for the Home Department. The hmiible Petition of (the prisoner), of, &c, Grocer — Showeth, That your Petitioner (J) stands charged with (7c) felony (I), and is committed for trial at the next sessions to be holden for the juris- diction of the Central Criminal Court (m). That your Petitioner is desirous of having the assistance of Mr. — (the counsel desired), one of His Majesty's counsel learned in the law, in his defence. Your Petitioner therefore humbly prays that the necessary certificate or other document may issue to enable the said Mr. to appear and plead to the said charge : And Your Petitioner, as in duty bound, will ever pray, &c. (Signature.) (n) No. :>. By the Widow of a Dastard, who dies Intestate^ for the Portion of his Estate which devolves to the Crown (o). To the Plight Honourable the Lords Commissioners of His Majesty's Treasury. The humble Petition of M. L., the widow of W. L., late of, &c, Grocer, deceased — Showeth, That the said W. L. was an illegitimate son of J. L., late of, &c. 19—, it is ordered that this petition shall be heard at on the day of , 19 — , at o'clock in the noon. If you, the said J. S. or G. H., intend to dispute the matter of any of tin- statements contained in the petition, you must tile with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same. (i) For the mode of applying to the Home Office for this royal licence, see Law Times, May 5, 1887, p. 7. (j) The petition may he signed by the solicitor for the petitioner, ami. if so signed, instead of your petitioner substitute — That ■ stands, &c, and that the said is desirous, &c. (&) Or, — indicated for. (I) Or, as the case may be. (m) Or, — at the Assizes or, General Quarter Sessions of the Peace— to be holden in and for the county of H., holden at , in the said county. (h) If by the solicitor, here add —solicitor for the above-named petitioner. (<>) See 59 Geo. 3, c. 9-4. t 486 TliACTICAL FORMS. Grocer, and was baptized and registered in the parish of H. aforesaid, as " base-born." That he died in the month of , in the present (p) year, 19— , intestate, leaving behind him your petitioner, his lawful relict, but no child, and, consequently, no lawful kindred, although he left a natural brother and a natural sister, who are also illegitimate children of the said J. L. That the said W. L., at the time of his death, was possessed of or entitled to a freehold messuage and garden (q) of the value of £ , or thereabouts, and he was also possessed of or entitled to personal estate and effects which, after the payment of his debts, funeral and testamentary expenses, your petitioner estimates will not realize more than £ . That the personal property left by the deceased was acquired by the joint labours and exertions of the deceased and your petitioner continued during several years (q). That your petitioner has been advised that, as the widow and relict of the said deceased, she is entitled to one-third of the rent of the said freehold messuage and garden, and to one moiety of the said personal estate and effects, and no more. That your petitioner is years of age ; and, by reason of ill- health (r), is quite incapable of maintaining herself by her own industry, and her proportion of the deceased's estate and effects will be inadequate for her maintenance. That your petitioner has no relations from whom she can expect any assistance towards her support, and the illegitimate brothers of the deceased, instead of rendering her any assistance, since the death of the deceased, continue to vex and annoy her, and have put her to expense by opposing her claim to letters of administration by litigious proceedings which are still pending. Your Petitioner, therefore, humbly prays, that your Lordships will take the circumstances into con- sideration, and grant her such proportion of the deceased's estate and effects which devolves to the Crown, as to your Lordships may seem to be meet. And your Petitioner will ever pray, &c. (p) Or, — last — as the case may be. (7) Or, as the case may be. (r) Or, — bodily infirmities — or other cause. PRACTICAL FORMS. 487 PART XLI.— POWERS OF ATTORNEY (s). No. 1. For use in Foreign Countries (t). Know all men by these presents, That I, H. H., of W., in the county of D. (w), Gentleman, by these presents, Do make, constitute, and appoint G. G., of, &c (v), Gentleman, his executors and adminis- trators, my true and lawful attorney and attorneys, with full power and authority for me and in my name, or otherwise as the case may require, and for my use, to sell and dispose of, All or any of the messuages, lands, hereditaments, property, estate and effects of and belonging to me, situate at N. aforesaid, or elsewhere [in the said county (w)], at such time or times, and in such manner as he or they, my said attorney and attorneys, shall be advised or shall consider expedient and most for my advantage ; And also for me, and in my name, and as my act and deed, and for my use, to sign, seal, execute, and deliver all such conveyances and assurances thereof, and to do all acts, matters and things whatsoever, as may be necessary tor the purpose of effectuating such sale or sales as aforesaid, and otherwise in or about the premises; And also for me, and in my name and for my use, to receive the purchase moneys for the same respectively, («) A power of attorney is an authority given in the due form of law by one person to another to act for him. The usefulness of these instruments in England has been much extended by the Conveyancing Act, 1881, ss. 40 (married women), 46 (mode of execution of any assurance by donee of power), 47 (payment by attorney under power without notice of death, &c, good), 48 (deposit of original power in central office), and by the Act of 1882, ss. 8 (effect of power, for value, made absolutely irrevocable), and 9 (effect of power, for value or not, made irrevocable for fixed time). See also the Trustee Act, 1893, s. 23. The pay- master, under the Supreme Court Funds Rules, 1894, will only act on powers of attorney prepared in the Pay Office according to the special requirements of each individual case. See Annual Practice, 1905, vol. ii. pp. 302, 303. As to stamps, see letters or power of attorney in schedule to Stamp Act, 1891. A list of Public Notaries in town and country may be found in the Law List. Powers, or letters of attorney, differ so much in form that only two or three can be introduced here, mainly to show their use in transacting business abroad. If intended to be used in France, Belgium, and neighbouring States, they are usually signed in the presence of, and attested by, two witnesses, one being a notary public signifying it under his hand and official seal. _ But in the case oi other foreign countries a statutory declaration before a justice of the peace or a notary of the execution by the other attesting witness is necessary and must be similarly authenticated by the notarial seal. In the case of powers executed in a foreign country for use at home, the seal or signature of the officer verifying the deposition of the witness must also be verified : Re Davis, L. R. 8 Eq. 98 ; but this further authentication is not required in the case of powers issued from the Chancery Paymaster's office and executed in a British colony before a notary public or other officer authorized to administer oaths. (0 Stamp 10s. (u) If to be used out of the kingdom, here add— and kingdom of England. (y) Of N., in the republic of France— or, of B., in the kingdom of Spain—.-/ . of Quebec, in the Dominion of Canada (or, as the case may be added). (iv) Or, — republic of France— or, kingdom of Spain. 488 PB ACTIO AL FOB MS. and to give and execute the necessary receipts, acquittances and dis- charges for the same respectively; And also for me and in my name, and for my use, to ask, claim, demand, and receive of and from all person or persons whom it doth, shall, or may concern, all and every the rents, legacies, debts, sum and sums of money, property, or effects whatsoever that now are, or shall or may be or become due and owing or shall belong to me from any person or persons whomsoever [in the kingdom aforesaid] ; And on receipt thereof, or any part thereof, for me in my name, to give, sign, and execute good and proper releases, acquittances, or other sufficient discharges for the same, or for such part or parts thereof respectively as shall be received by him or them ; And on non-payment or non-delivery of the same, or any part thereof, for me and in my name, or his or their own name or names, to adopt, commence, and prosecute all such actions, suits, and other proceedings whatsoever for the recovering thereof, as he or they shall consider expedient or be advised ; And generally, to sign, seal, and execute all such other deeds, conveyances, assurances, papers, documents, vouchers and writings, and to make, do, perform, and transact all such other acts, matters, and things whatsoever, as shall or may be considered necessary or proper, touching, relating, or concerning the said business and affairs of me, the said H. H., in the said county of D. (x), or elsewhere, in all respects, and to all intents and purposes whatsoever as effectually as I could do the same if I were personally present, And with full power for my said attorney or attorneys, for all or any of the purposes aforesaid, to substitute one or more attorney or attorneys under him or them, and such substitutions, at pleasure, to revoke. And all and whatsoever my said attorney or attorneys for the time being acting under [or, by virtue of] these presents, shall lawfully do or cause to be done in the premises, by virtue hereof, I, the said H. H., hereby for myself, my heirs, executors and administrators, agree to ratify, allow and confirm (y). In witness, &c. (Signature.) No. 2. Statutory Declaration, of the due Execution of the foregoing Power of Attorney (z). I (the declarant), of D., in the county of K., and in the United Kingdom of Great Britain and Ireland, Merchant, do solemnly and sincerely declare, that {the constituent), the person (a) named in the (a;) Or, — republic of France — or, kingdom of Spain. (y) And, if desired, add : And I declare that these presents shall be irrevocable for one year [or, — months not exceeding twelve] from the date thereof. (2) This declaration can be made before the mayor, a notaiy, or a justice of the peace. It requires no stamp. a) Or, — A. B. and C. D., the persons. Their descriptions need not be added. PRACTICAL FORMS. 189 power of attorney hereunto annexed, and marked with the letter A given to (the attorney) (l) dated the day of- — last, did od tin- day of— last (c) sign and seal, and as his act and deed (d) in due form of law deliver the said power of attorney in the presence of (the othr attesting witness) and of me this deponent; Am> that the name " " (e), set and subscribed to the said power of attorney as the party executing the same, is of the proper hand- writing (/) of the said {constituent); And that the names " — and "— — " (e), set and subscribed thereto as witnesses, attesting the due execution of the said power of attorney by the (constituent), are of the respective proper handwriting of the said (the other witness) and of me this deponent. And I make, &c. (as in Part XXIIL, Form No. 4, p. 210). (The Declarant.) No. 3. The Mayor s Jurat thereto. [Usually subjoined to the Declaration.] To all to whom these presents shall come, I (the mayor), mayor of the city of B. (g), do hereby certify that, on the day of the date hereof personally appeared before me (the declarant), of, &c, Merchant, the declarant named in the foregoing declaration (h), being a person well known, of good repute, and worthy of good credit, and did solemnly and sincerely declare the contents of the said declaration (i) to be true. In true faith and testimony whereof I, the said mayor, have (k) hereunto annexed the said power of attorney and affixed the seal of office of mayor of the city of B., this day of , 19 — , (b) Or, — to Messieurs A. B. and Company. (c) Or, — instant. (d) Or, — their respective acts and deeds, (c) The names as signed. (/) Or, — are of the respective proper handwriting of the said (constituents). (r, town and county [and borough]. (It) Or, if annexed — hereunto annexed — ur, if on the other side— appearing on the other side of this sheet of paper. (0 Or, — the several matters and things mentioned — or, contained in the said declaration to be true. In some countries an affidavit is still required. Tn such cases, and when a mayor administers the oath instead of the words relating to the declaration — after " merchant," substitute, — and was sworn to the truth of the foregoing deposition upon the Holy Evangelists of Almighty God, and that he subscribed the same in my presence the day of , in the year of our Lord 19—. (/.•) Or, — have caused the seal of office of, &c, to be hereupon impressed— ) Or, — justice of the peace. (/) Or, — duly executed. (u) For the subsequent words of this form the following may be substituted : — In testimony whereof I have hereunto subscribed my name and affixed my seal of office — or, notarial seal — this day of , 19 — . (The Notary's signature and seal.) (l. s.) Notary Public, at B. (a) Or, — in the city — or, at the town and borough of B. PRACTICAL FORMS. 491 and thereout, Jn witness whereof we have hereunto subscribed our names, this — — day of , 19 — . Witness. (Signatures of four Merchants.) A. B., Bristol, England, Solicitor. No. 6. For receiving a Legacy Abroad. To all to whom these presents shall come (y), greeting: Where- as (the constituent) (whose maiden name was " Jones "), now the wilt; of T. B., of, &c, Draper, on the day of , 19 — , appeared before A. B., of W., in the county of , notary public, and declared that her father, J. J., formerly residing at No. , Rue St. Jean, Bordeaux, in the Republic of France, died on or about the day of , in the year 19 — , leaving to her by his last will and testament, bearing date on or about the day of , 19 — , as she is informed the sum of francs, or thereabouts ; And whereas she, the said (constituent), is desirous of recovering and receiving the said legacy, and any other moneys, property, and effects, which may be due and payable unto her by and from the estate of her said late father. Now these presents witness, that she the said (constituent), with the consent and approbation of her said husband [the said T. B.], (testified by his executing these presents with her), Doth hereby make, ordain, constitute and appoint Messrs. T. & Co., of Bordeaux, aforesaid, bankers, and each of them, to be her true and lawful attorneys and attorney, Giving and hereby granting unto them and each of them her said attorneys, jointly as well as separately, full power and lawful and absolute authority for her the said (constituent), and in her name, or otherwise, as the case may require, to ask, demand, claim, recover and receive of and from the heirs, executors*, or administrators of her late father, the said J. J., or of and from any other person or persons whom it doth, shall, or may concern, the payment of the said sum of francs, or any other sum or sums of money, property, or effects, to which she may be entitled in her capacity aforesaid. And for all that shall be recovered and received in the premises for her the said (constituent), and in her name on recovery and receipt thereof, to sign, execute, and give good and sufficient dis- charges for the same ; And on non-payment and non-delivery thereof, to use and take all lawful means for the recovery and receipt thereof, and the same to prosecute to final issue, and to sign, seal, and execute all papers, writings and documents necessary in that behalf; And generally for the said attorneys to do, perform, and execute all and whatsoever shall be expedient and necessary for effectuating the premises as fully and effectually, to all intents and (■!/) This power was prepared by bankers, and is introduced here, rather to show the nature and diction of powers for use abroad, than as a precedent. 492 PRACTICAL FOB MS. purposes, as the said (constituent) might or could do if personally present, and did the same [even although more simple and special power should be required than is hereby given and granted, but which she would have understood as fully inserted herein]. And with full power for her said attorneys to substitute one or more attorney or attorneys under them or either of them, and the same again to revoke, she hereby promising to ratify, confirm, and hold as good and valid, all and whatsoever her said attorneys, or either of them, their or either of their substitute or substitutes, shall lawfully do or cause to be done in and about the premises by virtue hereof; In witness whereof she the said (constituent) hath hereunto set her hand and seal, and her said husband hath hereunto set his hand and seal, as consenting hereto, the day, month, and year first hereinbefore written (z). Witnesses. (Tivo witnesses.) (Constituent.) (l. s.) (Husband.) (l. s.) No. 7. For the General Management and Sale of Property Abroad. Know all men, by these presents, that I (the constituent), of, &c, Grocer, have made, constituted and appointed (the attorney), of, &c, Draper, my true and lawful attorney, for me, and in my name, and in my behalf, to do, perform, and execute all such acts, deeds, matters and things whatsoever as shall be requisite, or by him be deemed expedient to be done, performed, and executed in and with respect to the entire management and disposal of all property, moneys, and effects whatsoever, whether real or personal, belonging to me the said (constituent), and now being at B., or elsewhere, in the kingdom (a) of S., and all such as I may become or be entitled to by will or otherwise ; And also for me, and in my name, to ask, demand, sue for, recover, and receive all such debts [rents], sum and sums of money, property and effects as now are, or may be or become due, or, in any way belonging to me [the said (constituent)], from all or any of the person or persons holding, being, or becomiug liable to pay or deliver the same ; And, on nonpayment thereof, to adopt, commence, and prosecute all such actions, and other pro- ceedings whatsoever for the recovery of such debts [rents], property, and effects, or any or either of them, or any part thereof respec- tively ; with full power to abandon and rescind all or any such actions and other proceedings and to recommence the same, or to commence and substitute others in lieu thereof ; and to compromise, adjust, settle and compound any such debt or debts, claims or demands respectively; And on receipt or satisfaction thereof or of (2) The notarial forms, Nos. 2, 3, 4, and 5, supra, must be appended as are added to the precedent Form No. 1, supra. (a) Or, — empire, republic, dominion, &c. PRACTICAL FORMS. 493 any or either of them, for me, and in my name, to sign and give all such receipts, releases, acquittances, and other discharges for the same as shall be effectual and sufficient for that purpose; And also for me, and in my name, generally to adopt and prosecute such lawful ways and means in touching or relating to the matters and management aforesaid as shall or may be by my said attorney conceived or considered necessary or desirable, and as fully and effectually to all intents and purposes as I the said {constituent) could or might adopt and prosecute if I were present in person. < And lastly, I hereby recall all other powers of attorney I may have given unto any other person or persons, and I hereby agree to ratify, allow and confirm whatsoever my said attorney shall lawfully do, or cause to be done, for and in my name, bv virtue hereof. In witness, &o. (as in Part XXIV., Form No. 1, p. 252) (b). No. 8. Power of Attorney under the Copyhold Act, 1894 (n) Or, — We, A. B., of, &c, Grocer, and C. D., of, &c, Draper, severally make oath, &c. (as above, using the plural throughout, and varying theform according to the sex < if the different parties). (n) The names, residences, titles, profession, or occupation of each party should be accurately inserted. If either should be incorrectly described in the will, here insert the correct name, adding — in the will called— or, named — (the name as stati d in the will). (o) If the executor be related to the deceased, the degree of relationship must be here stated, as, — the natural and lawful son — or, a nephew — of the [saidj deceased, being a son of A. B., a brother of the said deceased. Or,' — the lawful widow and relict of the said deceased,. If the degree of relationship, if any, be not stated, a certificate of it signed by the solicitor to the executor must be indorsed on the oath of the latter. The following form of it has been allowed : — I hereby certify that the within-named A. B., the executor of the within-mentioned will [and (if so) codicil], is a nephew of the within-named testator, and a son of W. B., a brother of the said deceased. (p) Or, — do solemnly, sincerely, and truly affirm and declare. (7) Or, — writings. (r) If more than one executor — by us. (s) If the testator left any codicil or testamentary paper, here add — and codicil — or, codicils — or, testamentary paper— thereunder written — or, if annexed — thereto--or, thereunto — annexed, such codicil being marked "A" — or, such codicils being marked respectively " A, B,'' and "C." Each testamentary paper is t<> be marked by the persons sworn and the person administering the oath. The following exhibit must be marked by the commissioner on the codicil, or each of the codicils, if annexed:— This is the codicil —or, this is the codicil, marked "A" — referred to in the affidavit of (the executor), and signed by me this day of , 19—. A Commissioner. &c. (t) Or, — testatrix. If the name of the testator be wrongly Bpelt or misde- scription is given in the will or codicil, it should be corrected by being thus referred to — George John Noakes (the testator's cornel name), in the will— <r , — at [ 10 ] da y s after sight. In this case the Statute of Limitations runs from the expiration of that period. (g) Or, — order. (h) Or, — if given by two or more persons, — we jointly and severally. (/) Or, — to Messrs. A. B. & Co., or their order. (k) Or, if any particular rate of interest, above £4 per cent., be agreed upon, here say — interest after the rate of ■ per centum per annum. (?) If the persons signing the note are acting in a fiduciary character, and do not intend to incur personal liability, this should clearly appear, especially if the body, for whom these persons are acting, is incapable of giving the note, by reason of the want of statutory or other power: see forms of promissory notes held to create personal liability in Allan v. Miller, 22 L 'I 1 , lop. N. S. 825, and the remarks of Willes, J., in Courbaidd v. Scolders, 10 L. T. 562 ; also Dutton v. Marsh, L. R. 6 Q. B. 301. 2K 498 PRACTICAL FORMS. part thereof] on the day of , which will be in the year 19— (m). No. 5. To Secure a Floating Balance. (Place.) (Date.) £ : — :- months after demand, I promise to pay A. B., or order, so much money as shall be then due from me to him, upon balance of accounts between us, not exceeding in the whole the sum of pounds, with interest at £4 per cent, per annum. E. F. PART XLIV.— PEOPOSALS. No. 1. With a view to a Sale (o). 1. The name and address of the vendor. 2. of solicitors. 3. The nature of the property, whether Freehold or Lease- hold (?)), give situation, and distance from nearest railway station and market town. 4. If let, — how let, — and at what rent. 5. The outgoings. 6. If Leasehold, — the ground-rent. 7. The term, — and unexpired portion. 8. The name and address of tenant for life, or annuitant, if any. 9. If lifehold, — for what life or lives, — if insurable or not, — at ordinary rate. 10. If insured, — in what office, — the amount, — the premium, — (m) To this the following may be added, if so agreed — and if default [shall] be made in payment of either of such instalments \or, sums] on the day above appointed for payment thereof, then this note shall be in force for the whole sum then unpaid with interest thereon (see ss. 9 and 89 of the Bills of Exchange Act, 1882,) ; but three days of grace are then to be allowed. (h) This must bear a stamp sufficient to cover the full amount secured. (o) Preliminary information of this nature is requisite in reference to the sale of any reversionary and other like interests, by public auction or otherwise. The form must of course be varied as occasion may require. The several pro- perties are strung up in one so as to avoid repetition, especially as the forms (Nos. 5, 0, 7, and 8) which follow will afford the necessary aid in distributing them. ( p) If reversionary interests, how created — by will or deed — if absolute or contingent — funds or shares — how invested — present market prices. PRACTICAL FORMS. 499 when and how payable, — with or without profits, — ami (if any) what bonuses have been declared and received. 11. The dates of births of the tenant for life and reversioner. 12. If both or either is married. 13. Their trades or occupation. 14. The names and addresses of the trustees. 15. If the investment can be changed into any other ; if Govern- ment securities. 16. The contingencies, if any, to which the vendor's interests are subject. 17. The tenant for life will attend at any place and do what may be necessary for effecting a policy on his life ; but if required to travel, on having his expenses paid. 18. There is no probability of the tenant for life going abroad. 19. There will be legacy or succession duty payable on the death of the tenant for life. 20. The reserved price, if a sale be effected, by private treaty, w ffl be £ . Terms proposed, on behalf of the proprietor, by A. B. & Co., Solicitors. (Place.) (Bate.) No. 2. For Mortgage of a Freehold Estate. A sum of £ is required, at £ per cent, per annum [for a term of years], on the security of a Freehold (q) Estate, of which the following are the particulars : — 1. The tenure is Freehold. 2. It is situate at, &c. [in the hunting district], and near the railway. 3. It consists of a farm, comprising about acres, of arable, meadow, pasture, and woodland. 4. It is well timbered. ■ 5. It is let, on a yearly tenancy (V), at £ . (5. The tenant pays the tithe rent-charge, rates, taxes, and fire insurance. 7. There is no prior mortgage or charge on the property (s). 8. The estimated saleable value of the property is £ . 9. A plan of the estate, and a copy of a valuation, made on a i'l) Or, — copyhold — or, leasehold (or "//<< r property). (r) Or, — on a lease for years, of which are unexpired. (s) Or, — there is an existing mortgage on the property, which is to be satisfied out of the present loan. 500 PRACTICAL FORMS. recent occasion, accompany this proposal, both of which must be returned to us. This proposal is made, on behalf of a highly respectable client, by A. B. & Co., Solicitors. (Place.) (Date.) No. 3. For Mortgage of a House. A SUM of £ is required, at £ per cent, per annum [for a term of years], on the security of Leasehold property, of which the following are the particulars : — 1. The tenure is Leasehold. 2. The original term was for years, of which are un- expired. x 3. The ground-rent of each house is £ . 4. The property is situate at, &c. [in the hunting district]. 5. It consists of a well-built modern (t) mansion, stands on an eminence, is well drained, and sheltered, has a southern aspect, is fully supplied with pure spring-water [and with soft water from a tank], and contains on the : Basement — Eooms, with all domestic conveniences. Ground floor, — Eeception rooms, by , &c. (giving dimensions). First floor, — Bedrooms, with W.c. Second floor, — Ditto, with linen and other closets. Third floor, — Servants' bedrooms. All papered, well [and recently] painted, and in excellent con- dition. 6. Stabling for horses, coach-house, and harness rooms. 7. Large walled-in garden, about , stocked with [choice] fruit trees. 8. Orchard, about acres, with selected apple trees. 9. About acres of meadow and pasture land, with the right of shooting (u) over about acres of rich arable, meadow, and pasture land, and about — — acres of woodland, all abounding with game (x). 10. It is let, on a yearly tenancy (a), at £ . 11. The tenant pays the tithe rent-charge, rates, taxes, and fire insurance. 12. It is near the railway, the town of D., the church, and the post-office. (t) Or, — Gothic (or other style). (v) If so — and fishing. (x) Or, — affording good partridge, pheasant, and wild-fowl shooting. (a) Or, — on a lease for years, of which are unexpired. PRACTICAL FORMS. 501 13. There is no prior mortgage or charge on the property (L). 14. The estimated saleable value of the property is £ . 15. A plan, &c. (see preceding form). This proposal is made, &c. (as in the preceding form). A. B. & Co., Solicitors. {Place.) (Bate.) No. 4. For Mortgage of Houses and Buildings. A SUM of £ is wanted on mortgage, at £ per cent, per annum, on security of Leasehold property, of which the following are the particulars : — 1. The property is situated at D., distant from the railway about miles, from the church about a of a mile (c), and from the post-office about a of a mile. 2. It consists of a terrace (d) of houses (Nos. 1 to — ), of floors. Each house contains, &c. (setting the rooms out as in the preceding form). 3. It has a frontage of feet, and a depth of feet. 4. It is held under an original (e) lease from the Earl of B. for years absolute, of which are unexpired. 5. of the houses are let on lease for years at £ per annum each. 6. The rest (/) are let to yearly, respectable tenants at £ per annum each. 7. The rents are payable quarterly — at Christmas, Lady Day, Sec. 8. The apportioned ground-rents amount [in the aggregate] to £ , and are payable half-yearly, at the offices of Messrs. A. B. '& Co. (the solicitors (g) for the Earl of B.), at D. 9. The fire insurance, rates, and taxes, except land tax (£ ) and property tax (£ ), are payable by the tenants. 10. The property is already in mortgage for £ , which is in- tended to be satisfied out of the present loan. 11. The estimated value of the property is £ . This proposal is made on behalf of a very respectable client, and further particulars will, if required, be giveu by as. A. B. & Co., Solicitors. (Place.) (Date.) (b) Or, if a charge exists : see preceding form, n. (.s). (c) Or, — minute's walk — ur, a short distance — or, near. (d) Or,— block. (e) Or, — underlease — or, assignment. (/) Or, if partly unlet— except numbers and [which are unlet]. ( 3. That no nuisance or annoyance shall be occasioned by the neighbouring tenants of properties belonging to your landlord. 4. That you shall be at liberty to remove, at the expiration of your tenancy, any greenhouses, vineries, and sheds erected, and any trees or shrubs planted by you on any of the properties rented by you, during your tenancy. A. B., Solicitor (o) for . (Place.) (Date.) No. 11. Form of Voting Paper. Public Libraries Act, 1892. Question 1. — Are you in favour of the adoption of the Public Libraries Act, 1892, for the borough (or parish, &c.) of - - ? — Answer (1) : (p). Question 2 (q). — Are you in favour of the rate being limited^ to one halfpenny in the pound ? (or to three farthings, or of the exist- ing limitation of the rate under the Public Libraries Act, 1892, being removed (r), or of the existing limitation to one halfpenny being raised to three farthings as the case may require ? — Answer (2) : (p). Question 3 (q). — Are you in favour of an agreement being made with (here designate the body or bodies with whom the proposed agreement is to be made) ? — Answer (3) : (p). PART XLV.— PROTESTS. No. 1. Of Bill of Exchange or Promissory Note where no Notary Public available (s). Know all men that I, A. B. (t), of - — , in the county of in the United Kingdom, at the request of C. D., there being no notary public available, did on the day of , 19 — , at , demand payment (u) of the bill of exchange hereunder written (x), (o) Or, — agent for . (p) To be filled in " Yes " or " No." {>/) Any of these questions may be omitted if the circumstances of the case do not require a decision on it to be taken. (r) It will then be fixed at id., Public Libraries Act, 1892, s. 2. (s) See s. 94 and first schedule to Bills of Exchange Act, L882. (t) A householder or substantial resident of the place. (u) Or, — acceptance. (.-■) The bill should be annexed, or, a copy of it, and all that is written thereon should be written below the protest. 5 °6 PRACTICAL FORMS. from E. F., to which demand he made answer (y), wherefore I now, in the presence of G. H. and J. K. (z), do protest the said bill oi exchange (a). A. B. (The householder.) j t- - t (The two ivitnesses.) No. 2. On Payment of Money. To Mr. G. 0., of, &c. Draper. I, the undersigned A. B., of, &c, Grocer, hereby give you notice, that the sum of pounds now paid by me to you (6), is paid under protest that I am not legally liable to pay the same, or any part thereof. And I give you further notice that this payment is now made byxme expressly without prejudice to any right, remedy or proceeding whatsoever which I may have, or be entitled to, or be advised to take in respect thereof [or in relation thereunto"). Dated this day of , 19—. (Signature.) PART XLVL— RECEIPTS (e). No. 1. For a Debt. Received on the day of , 19— , of Mr. (the debtor), the sum of pounds, being the amount (d) of a debt due from him to me. (Signature), (over Stamp). Aj ' '. (;/) State answer, if any. (z) Two witnesses. (a) The stamp on protest of a bill of exchange or promissory note is the same as the duty on the bill or note if not exceeding one shilling, otherwise it is one shilling. (h) If paid to a person in an official or fiduciary character, overseer, trustee, or the like, the character should be stated here, and (if so) add : — and for which you have lately seized my household furniture and effects — or, as the case may be. (c) For stamps, see ss. 101 to 103 and schedule to Stamp Act, 1891 ; and Alpe on Stamp Duties, 10th ed. 196-198. (d) If so, — by the hands — or, his cheque— or, the cheque of W. B. [on Messrs. Drummond and Co.]. It is desirable to show the mode of payment as well as the party paying, as it often affords important evidence of the transaction at a future period. PRACTICAL FORMS. 507 No. 2. For Debt and Costs recovered in an Action. In the High Court of Justice. King's Bench Division (e). A. B. v. C. D. Received on the day of , 19 — , of Mr. A. B., the defendant's (/) solicitor, pounds, being (g) the amount of the debt (h) and costs in this action. B. B., Plaintiffs (?') Solicitor. £ : — : — No. 3. For Rent. Received on the day of , 19—, of Mr. (the tenant) [by the hands (Jc) of H. M., his solicitor], the sum of ■ pounds, being (7) one year's (m) rent of a farm called " The Grange Farm " (»), situate at W. (o), due to E. F., Esq. (tf), on the day of last (a). A. B., Steward (r) for E. F. (e) Or, — in the county of D. (/) Or,— plaintiff's. ( Secretary (d). (L. S.) (,s) Or— if received by an agent, say — due from him to Mr. B. B. (t) Or, if there should be separate, securities on different properties, say— of an estate called Youngs at S. —or, a dwelling-house (No. ) and buildings in West Street at S. (n) Or, — inspection. (x) Or, — the first (or other) dividend — or, a composition — of, &c. (as above). (;/) Or, — in discharge. (is) The amount of the debt discharged should be stated. (a) Or other person entitled to the equity of redemption. See s. 42 and schedule to the Building Societies Act, 1874 (37 & 38 Vict. c. 42). It is believed that no stamp is required, but in any case a penny stamp would be sufficient. (b) Or,— above. (c) Or, — committee of management. (d) Or,— manager. If the rules of the society require other witnesses, their names must be added. PRACTICAL FORMS. 509 No. 7. To be Indorsed on Mortgage by Friendly or Provident Society (e). The trustees of the Society (/) hereby acknowledge to have received all moneys intended to be secured by the within (b) written deed. (Signatures of Trustees.) (g) Trustees. Countersigned. (Signature of Secretary.) Secretary. No. 8. By Sheriff for Purchase Money of Goods seized (//). (Place.) (Date.) Received of Mr. (i) the sum of £ for (Jc) at Mr. 's (I) farm (m) at . (Signature of Sheriff's Officer and Stanq).) Schedule {n). No. 9. For Debts Due from a Deceased Person. Received on the day of , 19 — , of Messrs. A. and B., executors of the will (o) of C. D. [late of, &c, Draper], deceased, the (e) See third schedule to Friendly Societies Act, 1875 ; see also Friendly Societies Act, 1896, and Treasury Regulations and Form, 1897. (/) O r i i n ^ ne case °f Industrial and Provident Societies, say — the Society, Limited. See form in third schedule to Industrial and Provident Societies Act, 1893. (, if a judge be satisfied that the debt due under a warrant of attorney duly tiled has been discharged, he may order a memo- randum of satisfaction to be written upon it. 512 PRACTICAL FORMS. No. 15. For a Specific Sum in Satisfaction of an Order in Bastardy (a). Received on the day of , 19 — , of Mr. (the putative father), by the cheque of Mr. (the drawer of the cheque), his solicitor, the sum of pounds, which I accept in discharge of all claim I have, or may have, upon him under an order of justices for the division of E. (b), dated, &c, whereby the said (putative father) is adjudged to be the father of a male (c) bastard child, begotten of me. And in consideration of such payment, I hereby absolutely and entirely relinquish and abandon as well all present and future rights, claims, and demands upon him, as also all proceedings what- soever under or by virtue of such order [or any other order in the matter] (d). (Signature.) £ : — : — (a) This receipt is not binding upon the guardians in case of future charge- ability of the child upon the union. (b) Or, — city — or, borough — or, town and county of E. (c) Or, — female. (d) To this may be added, if desired to be kept secret — And I undertake not to expose, molest — or, annoy the said {putative father) in any way whatever in future. PRACTICAL FORMS. 513 H to XI H Ph o 514 PRACTICAL FORMS. 6 •£ bo s o.2 > 3 03 oS J§ o O bID Oh a CD a M CD Jr! *« 3 S-i >2 R « o ~ a DQ 01 &0 Ph'S ■s o O •"5 ►^ EH pi's ^ CN =*C0 CO Js ^ . 00 tl °° r3 co £s O 00 t 00 n 00 V ,— I ct r _^ CIh^h *h P § <1 .a S fl 2 h 3 > £ 1— 1 CD £j w * 3 ^ *£ .o P « Ph « i . : Mo Tow deliv £fa=2£ £ 2 Ja sj^r P." CD ^ ■ 6 ® ° H U-i q> O — i o ,_i »5 •+^> -^> c ^ -J o &> 9, o „ Q> <3 q, bD^ o o SI .O o h2o •* ' f-t • ' -s e^ r* si £<^ . CM E>>c» -M CO ^^ 0D 03 CO aco 8 °° u s~ © r-l lat pro- be deeds uuients ate. (D •> br> ■wig 60 O o f bo CD *T a o H Sag ©J so J3 « S . o ® e o) o £0 2 : HKco HfaM t*-t CJ | o — 13 o ^H C 1/ v. Positive, &c, Assvmmce Company, 1 Ex. D. 88. No particular form of words to create the retainer is necessary, but care should be taken that the writ is issued in the name of the solicitor actually retained, and not in the name of the London agent unless he is so described. See Wra/y v. Kemp, 26 Ch. D. 169, where a form of retainer is given, held insufficient to authorize the commence- ment of an action. When the client is in humble circumstances and illiterate, it is especially desirable that the retainer should explicitly authorize the com- mencement of an action : see Atkinson v. Abbott, 3 Drew, 251. The retainer may be indorsed on the writ or originating summons. In the case of a next friend suing for an infant or other person under disability, the written authority to the solicitor must be tiled in the Central Office or District Registry according to the place where the cause or matter is proceeding. Rules of Supreme Court, 1883, Ord. 16, r. 20. And see generally as to retainer, Annual Practice, 1905, vol. ii. pp. 383-380. (z) Or, if given by more than one, say — We hereby— jointly and severally authorize, &c. (a) Or, — for a libel published against— or, affecting— my character. Or, — for defamation of my character. Or, — for wilful — or, malicious — trespass on lands belonging to me. (6) If due in a fiduciary character, say — appearing to be due from him to the estate of A. B., late of, &c, Draper, deceased. (c) Or, — promissory note —or, acceptance to my bill of exchange — or, to a bill of exchange drawn by A. B. upon and accepted by C. D., and by him endorsed to me. Or,— for damages in respect of an injury sustained by me or, us — by reason — or, in consequence of the furious or, negligent — driving of A. B. — or, his servant — whereby my — <>/•, our — horse was killed — or, seriously injured on the day of last (or, as the case may be). ('/) Or, — we jointly and severally. (c) And (if so intended) to accept such security and to allow time for payment thereof or of any part thereof, or to compromise, &c. (as above). 520 PRACTICAL FORMS. No. 2. Shorter Form for Plaintiff. I {client), of (address), (occupation), hereby retain (f) Mr. , of (place of business), to commence and prosecute an action, on my behalf, against for the recovery of my claims upon him (g). Dated the day of , 19 — . Witness (h). (Signature of Client.) No. 3. Short Form for Defendant. 19— . No. — . In the, &c. (»). I (client), of (address), (occupation), the above-named defendant, authorize (h) Mr. , of (place of business), as my solicitor, to appear to and defend the above action (I). (Signature of Client.) Witness, . PART LIL— REVIVAL. No. 1. By Landlord and Tenant of an Agreement avoided by Bankruptcy or Non-performance. We, the within-named (landlord) and (tenant), hereby mutually agree to renew the within agreement (which has been rendered void (/) Or, — authorize. . (a) Or, after the words " on my behalf," add— in the High Court of Justice (or, as the case may be) for the administration of the estate of , deceased (or, as the case may be). . (A) The signature of a witness is not necessary, but often desirable, as where the client can only affix his mark. (i) Copy title in writ of summons. (k) Or, — hereby retain and employ. Or, as the case may be. PRACTICAL FOB MS. 521 by the bankruptcy (m) of the said (tenant)), upon the terms and stipu- lations therein contained. Witness our hands this day of , 10 — . (Signatures.) (Stamp, t)d.) PAKT LIII.— SCHEDULES. No. 1. Of Title-Deeds and Undertaking (n). A schedule of title-deeds, evidences, and writings this day delivered by (the mortgagor), of, &c, Gentleman, to me the undersigned (the mortgagee), of, &c, Gentleman, upon the execution of a mortgage to me of certain lands and here- ditaments, situate, &c, for securing the sum of pounds and interest. 6th and 7th October, 1800. — Indentures of Lease and Release, the latter made between A. B. and C. his wife, of the first part, C. D. [executor, &c], of the second part, and E. F., of the third part. 17th October, 1860. — Certificate of acknowledgment by C. B. (m) Or, — forfeiture — or, breach of conditions (or otherwise, as the case may be). (n) This form is drawn in the old style. As to the statutory liability of a mortgagee, in respect of mortgages made after December 31, 1881, to produce his deeds, to any one entitled to redeem, see the Conveyancing Act, 1881 (s. 16), and Wolstenholme, F. & P. 6th ed. 62. The acknowledgment and undertaking now substituted by the above Act (s. 9) for the old covenant by a vendor for production and safe custody, may run thus: And the said (vendor) hereby acknowledges the right of the said (purchaser) to production of the deeds and documents mentioned in the [second] schedule hereto, and to the delivery of copies thereof. And hereby undertakes for their safe custody. The effect of this is to make the covenantor's liability whilst actual possessor more onerous, as it includes the default of an agent as well as personal default, and therefore if the undertaking as to safe custody is, in the ease of trustees and mortgagees, given at all, it will be well to qualify it by (in the ease of, e.g. s a sale liy trustees retaining possession of title deeds) some such proviso as — but as to each of them, so as to limit the personal liability of himself and his heirs, executors, and administrators under this undertaking to the period while he or they respectively shall have the actual custody of the said respective documents. For a form of con- dition of sale by a vendor retaining as mortgagee or trustee documents relating to property not comprised in the sale, and excluding any undertaking or covenant for safe custody, see ante, p. 185. For a form of acknowledgment for production and safe custody given by a lord of the manor and a trustee on the purchase of the enfranchisement of copyhold property, see In re Agg Gardiner^ 32 W. R. 356 ; and for further forms in agreements consult index to the Author's Practical Forms of Agreements. 522 PRACTICAL FORMS. 25th December, 1871— Indenture of Lease, made between, &c. 2nd October, 1878.— Copy of the will of A. B. 11th March, 1879.— Indenture of Assignment, made between &c. (being an assignment of a lease for the residue of a term of years, &c.) (giving a list of all the deeds thus shortly). I, the above-named (mortgagee), hereby acknowledge to have this day received the several title-deeds and documents comprised in the foregoing schedule, &c. (o) : And I hereby undertake to deliver them up to the said {mortgagor), his heirs [executors, administrators] or assigns, or to such person or persons as he or they shall direct or appoint to receive the same [at my place of abode], upon payment of the said sum of , with all interest, costs, and expenses due in respect thereof [according to the purport of the above-mentioned mortgage ;] and in the mean time to keep the same safely [unde- faced, unobliterated], and uncancelled, loss or damage by fire or other inevitable accident excepted. As witness my hand this day of , 19 — . (The Mortgagee.) Witness. ( ) O/',— [this day]— delivered to Mr. A. B., my solicitor, for my use. When the undertaking is indorsed on the abstract, say— I acknowledge to have received the several title deeds and documents set forth in the within ahstract (consisting of sheets) (hat if all the deeds are not delivered, soyy)—an& against which I have set my name. And I hereby undertake, &c. (as above). A simple acknowledgment requires no stamp. For an acknowledgment and undertaking not under seal the stamp is 6o\, for a separate covenant 10.?., or the same as the duty on the accompanying conveyance when that is less than ten shillings. PRACTICAL FORMS. 523 No. 2. Of Deeds comprised in an Abstract of Title. (The Vendor) to (The Purchaser). A Schedule of the Deeds abstracted (p). Page of abstract. 01d( forwards this affidavit. j Insert here ' make oath ' Legacy reference of the year 19 — , folio In the matter of the estate of , of , deceased. I [orj we, , of , * and say as follows : — 1. A grant of probate of the last will or administration » doToVmniy of the effects of - -, late of , in the County ^S^he of , who died on the day of , 19 — , was case ma y be - made by the f on the day of , 19 — . t insert name 2. The estate and effects for or in respect of which the Registry." said grant was made, were sworn to be under the value of £ , and a stamp duty of £ was accordingly paid on the said grant. 3. Within months now last past, the true value . The particular of the said estate and effects has been ascertained, and it nnder which too has been discovered that too little stamp duty was paid J^tatSeflmt on the said grant under the circumstances hereafter set instance should " . ° be stated, and IOrth, that IS tO Say, the date when 4. And it was not until the month of that it that rectification was discovered J ZadffiSom 5. The schedule hereto annexed and marked No. 1 t0 - contains a true and particular inventory, account, and anlhow^ereai valuation, of the personal estate and effects of the valueofthe - ., » i . . , , ....... pi • ■> estate was as- deceased, situate within the jurisdiction oi the said certained. Court of Probate. 6. The said inventory also contains an account of all 0mit a11 or the property over which the deceased had a general graphs e to n, power of appointment. ESSS? 1 ' 7. The deceased had not a general power of appoint- ment over any property. 8. The said inventory includes all the leasehold property of which the deceased died possessed. 9. The said leasehold property was at the time of the death of the deceased subject to an indenture of mortgage dated the day of , 19 — , and made by , whereby such leasehold property was made the sole (n) This affidavit should be transmitted by post to the Secretary, Estate Duty Office, Somerset House, London, W.C: if desired, it may be left at the office by hand. In suitable cases an appointment will be arranged. (c) To be used where the grant was taken out on or after the 1st June, 1881. 2m 530 PRACTICAL FORMS. security for the repayment of the sum of £ and interest. 10. The deceased did not die possessed of any leasehold property. 11. The said deceased was also entitled to the property mentioned in the inventory under the will of , or under a settlement dated , 19 — , expectant on the death of , who was of the age of at the time when the said grant was made. 12. The personal estate and effects of the deceased have now been fully got in, or the amount thereof clearly ascertained ; and it appears that the real value of such estate and effects is pounds, shillings, and pence, being under the value of £ . Omit para- 13. The deceased did not die possessed of any other graph 13 or 14, ■. , . whichever may personal estate. tTthe e e a sute? able 14. The deceased was also entitled to other personal estate, situate in , out of the jurisdiction of the said Court of Probate, the particulars of which are set forth in Schedule No. 2. 15. It now appears therefore that under the cir- cumstances, a stamp duty of £ ought to have been paid on the said grant. All which is submitted to the Commissioners of Inland Kevenue, praying that the sum of £ , being the amount wanting to make up the duty which ought to have been at first paid thereon, may be accepted in discharge for the same, and that the stamp or stamps on the said grant may be rectified as the law directs. * insert here * at , in the county of , this day of ■ sworn " or ' affirmed," as -,19- the case may be. Before me, (Signature.) A Commissioner to administer oaths in the Supreme Court of Judi- cature in England. PRACTICAL FORMS. 531 SCHEDULE No. 1. An Account of the Personal Estate (showing the real value thereof) of __, deceased. Cash in the House and at the Bankers Household Goods, Linen, Wearing Apparel, Books, Plate, Jewels, Carriages, Horses, &c, valued at Stocks or Funds of Great Britain transfer- able at the Bank or elsewhere in Eng- land, viz. : — Dividends thereon to date of Grant. Foreign Stocks or Funds transferable in England, viz. : — Dividends thereon to date of Grant. Market price of stocks at date of grant. Leasehold Property : — Description, Gross Value, £ per annum Ground Kent on ditto, £ per annum Length of unexpired Term, Proceeds of sale or saleable value Bents of Real and Leasehold Property due at death of Deceased Kents of Leasehold Property due since the death of Deceased to date of Grant Policy of Insurance on Life . Bonus thereon , Proprietary Shares or Debentures of Public Companies, viz. : — Dividends or Interest thereon to date of Grant Money out on Mortgage, and other Securities . Interest thereon to date of Grant Book Debts , Bonds and Bills Notes Interest thereon to date of Grant Heal Estate contracted, in lifetime of deceased, to be sold Net value. 532 PRACTICAL FORMS. Personal Estate left by the Will under some authority enabling the Testator to dispose of the same as he or she might think fit Good-will, Stock-in-Trade, Farming Stock, Implements of Husbandry, valued at Other Personal Property not comprised under the fore- going heads, including any * Reversionary ft J^jf™ interest under the Will of proved of the reversion , , , „ , ,F was not in- 1 > or under the Settlement eluded in tbe made dated 1 , amountatwhich namely.' estate was sworn when the grant was ob- tained, its full value as at the date of this affidavit should x be inserted here. Market price of stocks at date of grant. Net value. s. d (N.B. — No deductions to be made on account of debts owing by deceased.) SCHEDULE No. 2. Personal Estate and Effects (if any), not included in Schedule No. 1. Note. — If the spaces be not sufficient, schedules should be annexed. They must be signed by the person making the Affidavit. No. , Addl., 19—. Legacy ref. : — Eegistered , 19 — , Folio deceased. No. 8. Corrective Affidavit in connection with the Stamp Duties on Probates and Letters of Administration imposed by the Customs and Inland Revenue Act, 1881 (44 c£* 45 Vict. c. 12) (to). Form D. Here state the name and 1 address of the person who forwards this account. The form, when filled up, should be transmitted by tost to the Secretary, Estate Duty Office, Somerset House, London, W.C. The (w) For use where the deceased died on or before the 1st August, 1894. PRACTICAL FORMS. 533 envelope should be legibly marked " Account." If desired, it may be left at the office by hand. In suitable cases an interview will be arranged. If a return of duty is applied for, the form should be accompanied by the Probate or Administration, and evidence in support of the claim. OBSERVE.— Money should not be remitted until the Affidavit has been delivered by the parties, and the amount payable and tho mode of payment have been notified to them. Legacy reference , of the year 19 — , folio . Affidavit No. . In the goods of , deceased, 0) and say (i) insert here » „ ° w ' "make oath," or aS IOllOWS: "dosolemnly 1. A grant of of Lite of deceased, who figf-ft, died on the day of , 19 — , at , was made to case may be. at the Eegistry of the Probate Division of the High Court of Justice in England, on the day of , 19 — , and it appears by the certificate or certificates thereon, that an affidavit or affidavits in verification of the account of the deceased's estate ha — been delivered, and that the gross value of the said estate amounted to 2. Within the last six months it has been discovered Adapt the that the personal estate and effects of the deceased are of circumstance^of greater value than the value mentioned in the said thecase - certificate or certificates— (A) partly by reason that some portion of the said estate and effects has siuce the date of such affidavit or affidavits been found to be of greater value than the value hitherto attributed thereto— (B) and partly by reason of the discovery of additional estate and effects. 3. Within the last six months it has been discovered that the deduction of debts and funeral expenses was to some extent made erroneously. 4. The estate is still under administration, and it has been discovered that the value mentioned in the said certificate or certificates exceeds the true value of the personal estate and effects of the deceased, and that con- sequently too high a stamp duty was paid on the said affidavit — (A) partly by reason that some portion of the said estate and effects has, since the date of such affidavit, been found to be of less value than the value hitherto attributed thereto — (B) and partly by reason of the dis- covery that some part of the said estate and effects did not belong to the deceased. 5. ( 2 ) Three years have not elapsed since the grant, and ^rue"^" it appears that hitherto no deduction has been made for cation has been debts and funeral expenses, or that the amount deducted i^^roceed- on account of debts and funeral expenses is insufficient. £{Jri2£i?Sve 534 PRACTICAL FORMS. furthwpwtaT a 6. r ^ ne account hereto annexed is a true account of the Application value of the personal estate and effects of the deceased, an extension of in respect of which the stamp duty has been paid on the E™ate°Dut y affidavit or affidavits as aforesaid, and of the particulars office. an( | value thereof as since found and discovered, and of the mode in which, and the time when, such finding and discovery were made, and of the debts and funeral expenses erroneously deducted or omitted to be deducted as afore- said. 7. The debts not hitherto deducted are due to the persons whose names and addresses are given, and are payable by law out of the personal estate and effects comprised in the account hereto annexed, and are not nor are any of them voluntary debts made payable on the death of the deceased or voluntary debts payable under some instrument delivered to the donee thereof within thre^e months before the death of the deceased, or debts which are primarily payable out of any real estate belong- ing to the deceased, or debts in respect whereof a re- imbursement is capable of being claimed from any real estate of the deceased or from any other estate or person whatsoever. S. It now therefore appears that, under the circum- (3) Adapt the stances, no stamp duty [a stamp duty ( 3 ) of £ ] is Sngtocir". chargeable in respect of the personal estate and effects of cumstances. the deceased according to the true value thereof as now found and discovered, all which is submitted to the Com- missioners of Inland Kevenue, praying that the sum of (4) strike out £ , being the amount which ( 4 ) with the duty of £ no duty hafbeen previously paid on the said affidavit or affidavits, will be P aid - sufficient to cover the said duty of £ properly charge- able ; and also the further sum of £ , being interest (5) insert here thereon at the rate of 3 per cent, per annum from the ( 5 ) the date of the ^1 i- in 1 j. i • t 1 !■ original affidavit. c 'ay oi , iy — , may be accepted in discharge ot the same, or that the sum of £ , being the amount of duty overpaid, may be returned to , whose receipt shall be a sufficient discharge for the same, and that the certificate on the said grant may be rectified as the law directs. All which is true to the best of knowledge and belief. (6) insert here (6\ Dy the above-named , at , "sworn "or . v/ J , »*« , "affirmed -as in the county ot , this day of the case may be. i q * Before me, a Commissioner for Oaths. PRACTICAL FORMS. 535 Horo state when and under what circumstances the mistake and discovery were made, Account. Personal Estate and Effects. Gross value of Estate as shown by former Affidavit or Affidavits ... Add : — (1) The deficient value of the Effects under-valued, viz. :— (') (2) Effects omitted, viz. :— Q) Total £ Deduct .-—The Surplus value of the Effects over- valued and the Effects not belong- ing to the deceased, viz. : — (') Total £ True gross value £ Debts and Funeral Expenses. Aggregate amount of debts and funeral expenses de- ducted in former Affidavit and Affidavits Add : — Debts and funeral expenses in respect of which no deduction has hitherto been made, viz. : — (') Total £ Deduct .-—Debts and funeral expenses im- properly deducted, viz. : — (') To be signed by the persons making Oath or Affirmation. True deductions £ True net value £ ( ! ) Full details are required to be given and schedules should be annexed if the space is insufficient. 536 PRACTICAL FOB MS. These spaces must not be filled up by the Person or Fcrsons making the Affidavit. Payment. Note.— Stamp Duty chargeable according to the true net value of the Estate is Deduct the Stamp Duty previously paid on Affidavit Stamp Duty payable on this Affidavit is Interest thereon from date of original Affidavit is. Amount to be paid is (For Temporary Estate Duty see separate Statement, No. ) (Certificate of further Security) ) (Entry for Legacy Duty) ) Eeturn. Stamp Duty previously paid on Affidavit is Stamp Duty chargeable according to the true net value of the Estate i. • Amount to be returned is. (For temporary Estate Duty see separate Statement.) Corrective Affidavit. No. , 19—. Official Kef. : — Keg. , 19— Fo. deceased. PRACTICAL FORMS. 537 PART LV.— STAY OF PROCEEDINGS. No. 1. Affidavit of Consent to Judge's Order for a Stay of Proceedings (%). 19— No. . In the High Court of Justice. King's Bench Division. Between , plaintiff, and , defendant. I. (deponent), of, &c, one of the solicitors of the Supreme Court, make oath and say as follows : — 1. That a written consent was given by the above-named defen- dant on the day of , 19 — , to a judge's order for judgment herein, a true copy of which order, with a true copy of the said con- sent endorsed thereon, is hereunto annexed, and marked . 2. The said defendant is a (y), and resides at (V). Sworn, &c. (as at Part II, No. 1). PART LVI.— SUMMONS. No. 1. Summons {General Form). In the High Court of Justice. Division. Between , plaintiff, and , defendant. Let all parties concerned attend the Judge (or Master) in Chambers [Central Office, Royal Courts of Justice, Strand, London], on day, the day of , 19 — , at o'clock in the noon. Dated the day of , 19 — . This summons was taken out by , of , solicitor for . To . (x) This must be filed within twenty-one days of the order being obtained ; see Debtors Act, 18G9, ss. 27, 28. For form of consent, see Part XXI., No. 3, p. 208. (y) State occupation. (z) State residence. 538 PRACTICAL FORMS. No. 2. Summons {General Form of Originating) (a). 19- , No. . In the High Court of Justice. (b) Division (c). Between , plaintiff, and , defendant. L ET . f of , in the county of , within eight days after service of this summons on h — , inclusive of the day of such service, cause an appearance to be entered for h — to this summons, which is issued upon the application of , of , in the county of , who claim to be (d) for the determination of the following questions (e). Dated the day of , 19 — . This summons was taken out by , of , solicitor for the above-named — * — . The defendant may appear hereto by entering appearance either personally or by solicitor at the Central Office (/ ), Koyal Courts of Justice. Note. — If the defendant does not enter appearance within the time and at the place above-mentioned, such order will be made and proceedings taken as the judge may think just and expedient. No. 3. Summons [Originating not inter partes). 19—, No. . In the High Court of Justice. (g) Division. In the Matter of the Trusts of the Will of A. B., and In the Matter of the Trustee Act, 1893 (/*). Let ■ , of , in the county of , within eight days after service of this summons on h — , inclusive of the day of such service, cause an appearance to be entered for h — to this summons, (a) And see Daniell's Chancery Forms, 5th ed. 481 et seq. (b) If in the Chancery Division, add the name of the judge to whom the matter is assigned. If summons issued in the District Registry of Liverpool or Manchester, say — Liverpool or Manchester District Registry. (c) If the question to be determined arises in the administration of an estate or a trust, entitle it also in the matter of the estate or trust. (d) State the nature of the claim. (e) State the questions. (/) Or, — Admiralty Registry (if so)— or, at the Chambers of the District Registrar situate at . (g) If in Chancery Division, add name of judge to whom matter is assigned. (h) For headings according to various Acts, see Table drawn up by Mr. Hawkins. PRACTICAL FORMS. 539 which is issued upon the application of , of , in the county of , for an order that {state the object of the application). Dated the day of , 19 — . To . This summons was taken out by, &c. (as in last form). No. 4. Form of Ex parte Originating Summons. 19, B. , No. . In the High Court of Justice. Chancery Division. Mr. Justice . In the Matter of A. B., an infant (or as may he). Let all parties concerned attend at the Chambers of Mr. Justice , at the Koyal Courts of Justice, Strand, Middlesex, at the time specified in the margin hereof, on the hearing of an application on the part of the above-named A. B., an infant, by C. D., his next friend, &c. This summons was taken out by , of , in the county of ■ (or agents for , of , in the county of ), solicitors for the applicant. PART LVIL— UNDERTAKING (i). No. 1. To Pay a Commission. (Place.) (Date.) Sir, If the proposed loan of £ , or any larger or smaller amount, is carried out through your introduction, I undertake, when the contract for such loan is concluded, to pay you a sum (k) of ^— — pounds by way of commission (I). And this shall be a sufficient authority to the lender to deduct the same out of the sum agreed to be advanced by him to me, unless sooner paid by me. Yours, &c, To Mr. A. B. C. D. (Address.) (i) For an undertaking as to production and safe custody of title deeds, see ante, "CkmdiUons of Sale," Part XX., p. 185, and " Schedides," Part MIL, No. 1, p. 521, and YVolstenholme, F. & P., 6th ed., 62. (k) Or, — that a sum — or, commission — of not less than pounds, shall be paid to you out of such loan — or, the percentage of commission may be stated. (I) Or, — douceur. 540 PRACTICAL FORMS. No. 2. To release a Debtor on Payment of a Composition by Instalments (in). We, the undersigned (creditors), of, &c, Gentleman, hereby acknow- ledge that we have this day received from (the debtor) bills of exchange respectively dated this day — one for pounds, at months' date ; and one for pounds, at months' date ; pay- able to the order of Mr. E. F. ; which bills of exchange, if duly paid, shall be deemed to fully discharge all claims by us, or either of us, upon or against the several parties thereto, or either of them [jointly or separately], either [as contractors (n) or otherwise], in respect thereof, or on any other account whatsoever [relating to, or under or by virtue of a contract for erecting church (or other purpose), bearing date, &c.]. And we undertake, in consideration of the giving and full payment of the said bills, when the same shall respectively become due, to give a full acquittance and discharge for our said claims in any way that the said (debtor) may, at his own expense, require ; but in case of the nonpayment of the said bills at their maturity, this acknowledgment and undertaking shall become void and be treated as a nullity to all intents and purposes what- soever. Dated this day of , 19 — . (Signatures.) (m) A release on payment of the composition should be by deed with 10s. stamp. The stamp for this agreement under hand only would be 6d. ( n ) Or,— as executors of the will of G. W., late of, fto., huilder, deceased, in respect of a pecuniary legacy of pounds, hequeathed to us jointly by such will. Or, — in respect of our respective shares, as tenants in common, of the residuary estate and effects of the said deceased. Or, — in respect of the estate and effects of the said deceased. Or, — as administrators of the estate and effects of (the intestate), late of, &c, draper, in respect of our respective distributive shares of such estate and effects. As to an undertaking as to damages on application for an injunction, see Annual Practice, 1905, vol. i. 690, 697. PRACTICAL FORMS. 541 PART LVIII.— VALUATIONS (o). No. 1. Of Freeholds. I have inspected the freehold property of Mr. C. D.,j situate at W. in the parish of D., consisting of a sub- stantial brick-built (j;) and commodious dwelling-house [in the Elizabethan style], with convenient offices, yards, coach-house, stable, walled-in garden, orchard, paddock, and acres of rich (q) meadow (r) land and common rights for horses and cows in the marsh at F., all in his own occupation (s) ; and I consider the same to be well worth pounds a year, clear of all deductions [at which sum it is assessed in the assessment under the Property and Income Tax Acts (<)], and the value of his interest therein [at years' purchase] to be ) £- - - Deductions : — Annual fee-farm rent of £- &c. &c. (jr. O., Builder [or, Surveyor]. (Place and date.) No. 2. Of Copyholds. I have inspected the copyhold property of Mr. C. D.,\ situate at D., called " Deans," consisting of a substantial brick-built dwelling-house, new built barn, stable, cart- house, &c. (u), and ■ acres of good arable and pasture land in the occupation of A. B., and held for healthy lives, aged about and , under the Manor of G. (v), and I consider the same to be worth [at least] pounds a year, clear of tithes, tenant's rates and taxes, and the value of his interest therein [at years' purchase] to be ... ... J £- - - G-. S. (as above). (o) Valuations made for the information of one party only, and not being in any manner obligatory as between parties, either by agreement or operation of law, are exempt from stamp duty. An agreement to sell "at a fair valuation " may be enforced : Dart, V. & P., 6th ed. 257, 258. (p) Or, — stone-built. (?) Or, — excellent. (r) Or, — pasture. (s) Or, — in the occupation of Mr. A. B., a respectable yearly tenant, at the rent of £ , or, partly let at £ per annum. (t) Valuations for the Inland Revenue Department must show the amount at which the property is rated under the Property and Income Tax Acts. By the Finance Act, 1894, s. 7, sub-sec. 5, the principal value of any property is the price it would fetch if sold in the open market at the time of the death of the deceased, but in the case of agricultural property, in the absence of special circumstances, 542 Deductions : — Property tax Lord's rent Life insurance Fire m „ Kepairs Total Note. — A heriot of PRACTICAL FORMS. £ s. d. ... — — — per ann. £- - - is payable in respect of the copyhold on the dropping of each life. No. 3. Of Leaseholds. One leasehold house, No. , High Holborn, London, held for the residue of an absolute term of years, now let, per annum, at £- - - Deductions:- 21 — £ s. d. Ground rent ... ... ...— — — Repairs ... ... ... ...— — — Land tax ... ... ... ...— — — Fire insurance ... ... ...— — — — — — This, at years' purchase, gives I have surveyed the above property this and value the same at the sum of £ (— £- - - day of -, 19-, pounds). (The Surveyor.) Land Surveyor. (Address.) No. 4. Of a Life Policy. The value of a policy for £ on the life of a person aged to a legatee, aged , at the testator's decease (on the day of , 19 — ), the premium now payable being £ , would be The premium paid being The difference being 1 therefore value the policy at £- £- - - £- - - A. B., Actuary. is not to exceed twenty-live times the annual value as assessed under Schedule A of the Income Tax Acts, after a deduction of 5 per cent, for expenses of management. (h) If so, — let at £ a year. (v) Or, — under the Earl of S. — or, W. E., Esquire. PRACTICAL FORMS. 543 No. 5. Of Personal Property. An inventory and valuation of the household furniture and effects of Mr. A. B., of, &c, who died on the day of instant. Live StocJc. £> s. d. 14 horses ... ... — — — 6 cows ... ... ... ... ... ... — — — 13 pigs ... ... ... ... ... ... — — — 500 Southdown ewes at per head ... — — — 10 two-tooth rams ... ... ... ... — — — Poultry ... — — — Dead StocJc. 6 waggons ... ... ... ... ... — — — 10 ploughs - - - &c. &c. — — — Crops. 12 ricks of wheat 12 Do. barley 10 Do. oats 6 Do. hay Corn and hay in the barn and yards Wearing Apparel. 6 coats ... ... ... — — — &c. &c. — — — Household Furniture. In the Kitchen. — 1 clock — — — &c. &c. — — — Dining Room. — 1 Turkey carpet ... ... — — — &c. &c. — — — Drawing Boom. — 1 Brussels carpet ... ... — — - &c. &c. — — — Lease for years, from Michaelmas, 19 — , of testator's dwelling-house, at pounds per annum, subject to the annual rent of pounds taxes and other outgoings ... — — — &c. &c. &c. I value the whole of the above at £ ( pounds shillings and pence). CD., Sworn Appraiser (x). (Place.) (Date.) (x) If the valuation be made for Probate or Administration, the person valuing need not be a licensed or sworn appraiser, nor is any stamp on the valuation 544 PRACTICAL FORMS. PART LIX.— WARRANTS OF ATTORNEY (y). No. 1. To Confess Judgment. To A. B. and C. D., Gentlemen, Solicitors of the Supreme Court, jointly or severally, or to any other solicitor of the same Court. These are to desire and authorize you the solicitors above named, or any one of you, or any other solicitor of the Supreme Court, to appear for me (the debtor), of, &c, Gentleman (z), in the Divi- sion, or any other Division of the High Court of Justice, forth- with, and then and there confess a judgment against me [my heirs, executors, and administrators,] in an action for £ for money found to be due and payable from me [usually double the amount of the debt actually due (a)], at the suit of the said (creditor), his executors or administrators or assigns, and to suffer the same to be thereupon entered up against me of record of the said court, for the sum f pounds, besides cost of suit. And I, the said (debtor) (b), do hereby further authorize and empower you, the said solicitors, or any one of you, after the said judgment shall be entered up as afore- said, for me (c) and in my name (d), and as my act and deed (e), to sign, seal, and execute a good and sufficient release in the law to the said (creditor) his heirs, executors and administrators, of all and all manner of appeals or proceedings by way of appeal, and all benefit and advantage thereof, and of all defects and imperfections whatso- ever, had, made, committed, done, or suffered, in, about, touching, or concerning any proceeding whatsoever, of, or, in any way, concerning the same. And for what you, the said solicitors, or either of you, shall do, or cause to be done, in the premises, or any of them by virtue hereof, this shall be to you, and every of you, a sufficient warrant and authority. necessary. An appeal from the Commissioners to the Court, which may be referred by it to sworn valuers to be appointed by the County Council, is pro- vided by the Finance Act, 1894, s. 10. (y) Warrants of attorney and cognovits to confess actions have practically fallen into disuse, as they are superseded by the simpler and quite as effective mode of procedure by orders for judgment by consent and upon terms : see "Consents," Part XXI., No. 3, ante, p. 208, and affidavit, Part LV., No. 1, p. 537. As to the fixed costs, see Annual Practice, 1905, vol. i. p. 1059. (2) Or, — us, E. F., of, &c, Grocer, and G. H., of, &c, Tailor, or either of us. (a) Or,— if for money due on bond, double the amount for which is given, — here adding — on a certain bond or obligation made and entered into by me— or, us — the said {debtor) — or, (debtors)— [and, if with a surety — L. M.], in the penal sum of pounds — or, for goods sold and delivered to me by the said (creditor) — or, for so much money borrowed by me — or, due and owing from me — or, us — to the said creditor — at the suit, &c. (as above). (b) Or, — we the said (debtor*). (c) Or, — for us. (d) Or, — our respective names. (e) Or, — our respective acts and deeds. PRACTICAL FORMS. 545 In witness whereof I (/) have hereto set my hand and seal (g) this day of , 19— (h). J (The Debtor.) (l. s.) Signed, sealed, and delivered by the; above-named (debtor) in my presence; and I declare myself to be the solicitor for the {Solicitm , s sifjnature .) said (debtor) expressly named by him, and / v J that I subscribe my name as such his soli- j citor (i). / No. 2. Defeazance thereon (k). A. B. \ Memorandum, that the within (I) warrant of attorney is v. I given to secure the payment from the within-named (debtor) C. D. j to the within-named (creditor) of the sum of pounds [with interest] on the day of next (m). And it is hereby agreed by and between the said parties, that (if so agreed) judgment shall be forthwith entered up in pursuance of the within (n) warrant, but no execution shall issue thereupon unless and until default shall be made in payment of the said sum of pounds and interest on the day above-named. And also that in case default shall then be made in payment thereof it shall be lawful for the said (creditor), his executors, administrators, or assigns, to sue out execution for the whole sum which shall be then due, together with sheriff's poundage, officers' fees, costs of levying, and all incidental costs and expenses of and attending the same [notwithstanding the said (debtor) shall be then dead]. And in case any execution shall be issued out on or by virtue of the said judgment the said (debtor), his executors (/) Or,— we. () See 3 Geo. IV. c. 39, s. 1, and the Debtors Act, 1869, s. 26. Fee on filing, 2.s. 6'/. (q) It is not essential that the affidavit be also' intituled in the cause, if intituled in the Court. (r) Or, — The original warrant of attorney, of which the annexed is a trne copy. (*•) Or,— last. 548 PRACTICAL FORMS. PART LX.— WILLS. No. 1. Affidavit by an Attesting Witness of the due Execution of a Will or Codicil dated after %\st December, 1837. In the High Court of Justice. Probate, Divorce, and Admiralty Division. (Probate.) The District Registry (t) at D. In the Estate of A. B., deceased. I (the deponent), of, &c, Grocer, make oath that I am one of the subscribing witnesses to the last will and testament (u) of (the tes- tator), late of, &c, Maltster, deceased, the said will (u) being now hereunto annexed bearing date , and that the said testator executed the said will (u) on the day of the date thereof by signing his name at the foot or end thereof (x) as the same now appears thereon, in the presence of me and of W. D., the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will (u) in the presence of the said testator. Sworn, &c. (as in Part II, Form No. 1). (The Deponent.) No. 2. Affidavit by an Attesting Witness verifying Alterations in a Will before Execution (y). In the, &c. (as in preceding form). I (the deponent), of, &c, Grocer, make oath and say that I am one of the attesting witnesses (z) to the last will and testament (a) of C. D., late of, &c, Maltster, deceased, the said will (b) being now hereunto annexed, bearing date, &c. (c), and having viewed and perused the said will, and particularly the attestation clause there- to (d), I make oath and say that the word " " was interlined in the line of such attestation previous to the signing thereof by (t) Or, — The Principal Registry. (u) Or, — codicil. \x) Or,— in the testimonium clause thereof. Or, — in the attestation clause thereto (an the case may be), meaning and intending the same for his final signature to his will. (y) See Tristram and Coote's Probate Practice, 13th ed., p. 75. (z) Or, — one of the attesting witnesses. ( (t ) Or, — codicil — or, to the last -will and testament and codicil. Or, — to the first, second (or other) codicil to the last will and testament. (b) If so — and codicil. ( c ) Or, — the said codicil bearing date, &c, and the said will bearing date, &c. (d) Or, wherever the alterations may be, e.g. — and having particularly observed the words interlined between the and lines of the sheet of the said will. PRACTICAL FORMS. 549 me and G. H., the other subscribed witness thereto (e). And I further make oath and say that the will (/) was executed on the day of the date thereof by the said C. J), (g) ; and that the signature of the said testator was set by him (h) in the presence of me and of the said G. H., both of us being present at the same time, and we thereupon attested the said will in the presence of the said testator. Sworn, &c. (as in Part II, Form No. 1). (Tlie Deponent.) No. 3. Affidavit by an Attesting Witness as to Alterations made in a Will after the Execution thereof. In the, &c. (as in Form No. 1, supra). I (the deponent), of, &c. (as in the last form down to " bearing date, &c," and then proceed) ; and having now referred to the said will (/), and particularly to the following insertions, interlineations, and alterations therein, namely, in the first sheet the words "W. 0., of the parish of C, in the county of K., Carpenter," appearing to be an after insertion in blanks left for that purpose in the and lines; the words and obliterations "F. J., in the parish of D., in the said county of K., Grocer," appearing to be an after insertion in blanks left for that purpose in the and lines ; the words " " interlined between the said and lines above the said obliterated word " " ; the words " " interlined between the and lines ; the mark " x " made below the said line and separating the words " " and upon the words " " written on an erasure at the end of the ■ line ; the words " " interlined between the and lines above the obliterated word " " in the said line; the word " " interlined between the and lines above the obli- terated words " " in the said line, the words " " appearing to be an after insertion in the blank left for that purpose in the line of the said sheet. In the second sheet of the said will, the word " " interlined, &c. (as above). In the last sheet of the said will the words " " and " " appearing to be an after insertion, &c. (as above). And I further make oath that the said recited insertions, interlineations, and alterations were so mafle in the said will after the execution thereof. Sworn, &c. (as in Fart II., Form No. 1). (The Deponent.) (e) Or, — that the said recited interlineation was written and made in the said will previously to the execution thereof. (f) Or, — codicil. (;/) Or, if signed by the direction of the testator— that the signature of the said testator, by the said E. F., was acknowledged by him the said testator. (h) Or, — by E. F., in the presence and by the direction of the said testator. 550 PR ACTIO A L FOB MS. No. 4. Affidavit by an Executor as to Plight and Condition and Finding of a Will. In the, &c. (as in Form No. 1, supra). I (the deponent), oi, &c, make oath (/) that I am the sole executor named in the paper writing now hereunto annexed, purporting to be and contain the last will and testament of (the testator), late of , in the county of , deceased, who died on the day of , at , and had at the time of his death a fixed place of abode at , within the district of (Jc), the said will bearing date the day of , and having viewed and perused the said will, and particularly observed (I) , I, the deponent, lastly make oath that the same is now in all respects in the same state, plight, and condition as when found (m) by me as aforesaid. Sworn, &c. (as in Part II, Form No. 1). x (The Deponent.) No. 5. Affidavit of the Execution of a Will by a Marksman (n). In the, &c (as in Form No. 1, supra). I (the deponent), of, &c, Grocer, make oath and say (o) : That I am one of the subscribed witnesses to the last will and testament (p) of the said (deceased), late of, &c, Draper, deceased ; the said will ($)) being now hereunto annexed, bearing date the day of , 19—. 1. And I further make oath and say that the said testator (q) duly executed the said will (p) on the day of the date thereof by making his mark at the foot or end thereof as the same now appears thereon, in the presence of me, the said (deponent), and of (the other (£) Or, — solemnly, sincerely, and truly declare and affirm. (A:) Omit if in the Principal Registry. (V) Here recite the various obliterations, interlineations, erasures, and altera- tions (if any), or describe the plight and condition of the will, or any other matters requiring to be accounted for, and set forth the finding of the will in its present state, and, if possible, trace the will from the possession of the deceased in his lifetime up to the time of making the affidavit. (m) Or, as the case may be. (ri) By the Rules of the Probate Division of the High Court (Rule 71) the wills of illiterate persons are not to be admitted to probate until the Registrar is satisfied that the will was read over to the testator before its execution, or that the testator had at such time knowledge of its contents. (o) Or, — solemnly affirm. (p) Or, — codicil. (q) Or, — testatrix. PRACTICAL FORMS. 551 witness), the other subscribed witness thereto, both of lis being present at the same time, and we thereupon attested and subscribed the said will in the presence of the said testator. 2. And I further make oath, that previously to the execution of the said will by the said testator, the same was read over to him by me (r), and he, the said deceased, at such time seemed thoroughly to understand the same (s). Sworn, &c. (as in Part II., Form No. 1) (t). (Signature.) No. 6. Affidavit of Handwriting. I, C. D., of in the county of , widow, make oath and say that I knew and was well acquainted with A. B., of , in the county of , deceased, who died on the day of ■ at , for many years before and down to the time of his death, and that during such period I have frequently seen him write and also sub- scribe his name to writings, whereby I have become well acquainted with his manner and character of handwriting, and having now carefully perused and inspected the paper-writing hereunto annexed purporting to be and contain the last will and testament of the said deceased, bearing date , and being subscribed thus, " A. B.," I further make oath that I verily believe the whole of the said will together with the names " A. B." subscribed thereto, as aforesaid, to be of the true and proper handwriting of the said A. B., deceased. Sworn at on the } (Signed.) day of , 19 — , before me) C. D. (c) Or, — by (the other witness) in my presence — or, by himself in my presence — or, as the case may be. (.s) Or, — had full knowledge of the contents thereof. (/) If this affidavit be sworn before a different commissioner from the one swearing the executor, the will must be signed by him also. ( 553 ) APPENDIX OF OFFICIAL FORMS. BANKRUPTCY FORMS. In use under Bankruptcy Acts, 1883, 1890, and Bankruptcy Rules, 1886, and 1890 (a). 1. Blank Heading. 3. Declaration of Inability to Pay. 4. Debtor's Petition. (Parchment and Paper.) 5. Request for Issue of Bankruptcy Notice. 0. Bankruptcy Notice. 7. Affidavit of Service of Bankruptcy Notice. 8. „ on Application to set aside Bankruptcy Notice. 8a. „ „ „ „ „ „ (Counter- claim, &c.) 9. Order setting aside Bankruptcy Notice. 9a. „ „ „ upon Security. 9&. „ for Substituted Service of Bankruptcy Notice. 9c. „ under Section 4 (g) and Rule 126 (3). 9d. „ extending Time for Completion of Act of Bankruptcy. 9e. „ Adjournment of Bankruptcy Notice. 9/. Order for Substituted Service j of Bankruptcy Notice. (By Registered Post.) 9g. Substituted Service of Bankruptcy Notice. (Notice in Gazette and Paper.) 10. Creditor's Petition. (Parchment and Paper.) 11. „ „ for Administration of Estate of Deceased Debtor under Section 125. 1 2. Affidavit of Truth of Statements in Petition. 13. „ „ „ in Joint Petition (Several De- ponents). 14. Application for Interim Receiver. 15. Affidavit of Service of Petition. 15a. Order for Substituted Service of Petition (by Delivery). 1 56. Affidavit of Search pursuant to Bankruptcy Notice. 15a". „ as to Act of Bankruptcy by Declaration of Inability to Pay. 16. Substituted Service of Petition. (Notice in Gazette.) 16a. Order for Substituted Service of Petition by Registered Letter or Advertisement. (a) These forms may be obtained of the Solicitors' Law Stationery Society, 22, Chancery Lane, and at other law stationers. 554 APPENDIX OF OFFICIAL FORMS. 17. Notice by Debtor of Intention to oppose Petition. 1 8. Order to stay Proceedings on Petition. 19. Bond on stay of Proceedings, &c. 20. Notice of Sureties. 21. Affidavit of Justification. 22. Order of Transfer of Proceedings. 23. Notice of Transfer to the Board of Trade and Official Receiver. 24. Adjournment of Petition. 25. Dismissal of Petition. 26. „ „ when Proceedings stayed. 27. Order restraining Action, &c, before Receiving Order. 28. Receiving Order on Debtor's Petition. 29. „ „ on Creditor's Petition. 29a. ,, „ under Section 103(5) of the Bankruptcy Act, 1883. 30. Application for extension of Time for holding First Meeting, and Order thereon. 31. Notice of Receiving Order, Adjudication, First Meeting and Public Examination (for Local Paper). 33. Application^ by the Official Receiver for an Order appointing a Sitting for the Public Examination of the Debtor. 34. Order appointing Time for the Public Examination of the Debtor. 35. Report of Registrar where Witness refuses to Answer. 37. Appointment of Shorthand Writer to take Examination of Debtor. 38. Declaration by Shorthand Writer. 39. Notes of Public Examination of Debtor where Shorthand Writer is appointed. 40. Notes of Public Examination of Debtor where Shorthand Writer is not appointed. 41. Adjournment of Public Examination. 41a. Order dispensing with Public Examination of Debtor. 41ft. „ as to Examination of Debtor who is suffering from Mental or Physical Affliction or Disability. 42. Order for Administration in Bankruptcy of Estate of Deceased Debtor. 43. Order for Administration of Estate of Deceased Debtor on Transfer of Proceedings under Section 125. 45. Order for Summary Administration. 4i>. Statement of Affairs : A. Unsecured Creditors. B. Creditors fully Secured, C. „ partly Secured. D. Liabilities of Debtor on Bills Discounted other than his own Acceptances for Value. E. Contingent or other Liabilities. F. Creditors for Rent, &c, recoverable by Distress. G. Preferential Creditors for Rates, Taxes and Wages. H. Property. I. Debts due to the Estate. J. Bills of Exchange, Promissory Notes, &c, available as Assets. K. Deficiency Account. K. „ „ , A, B and C. L. Statement of Affairs — continued. 47. Memorandum of Public Examination. APPENDIX OF OFFICIAL FORMS. 555 48. Order that Examination is concluded. ,).). ,, of Adjudication. 55a. „ „ after Receiving Order under Section 103, Bankruptcy Act, 1883. 55b. Notice of Adjudication (Local Paper). 56. Application to annul Adjudication under Section 35. 57. Order annulling Adjudication under Section 35. 58. Application for Order of Discharge. 00. Notice to Official Keceiver and Trustee of Application for Discharge. 61. „ to Creditors of Application for Discharge. 62. Order granting Discharge unconditionally. (Parchment or Taper). i)2<7. „ refusing Discharge. 62b. „ suspending Discharge. 63. „ of Discharge with Conditions. 64. Consent of Bankrupt to Judgment being entered for Balance or part of Balance of Provable Debts. 65. Form of Judgment to be entered pursuant to Consent. 65b. Affidavit by Bankrupt whose Discharge has been granted condi- tionally as to After-acquired Property or Income. 66. Certificate for Removal of Disqualifications. 67. Order on Application to approve Composition. 68. Application to enforce Provision in Composition. 69. Affidavit in support of Application. 70. Order for Enforcement of Provisions in a Composition. 71. Certificate of Sanction of Composition or Scheme. 72. Proof of Debt (General Form). 72a. Affidavit as to Petitioning Creditor's Debt. 73. Proof of Debt of Workmen. 74. Notice of Rejection of Proof of Debt. 7."). General Proxy. 70. Special Proxy. 76a. General and Special Proxy combined. 77. Voting Letter, Section 18 (2). 78. Notice to Creditors of First Meeting. 82. Voting Letter. 85. Notice to Debtor to attend First Meeting. 87. Resolutions where Adjudication resolved on. 93. List of Creditors assembled, to be used at every Meeting. 93a. „ „ (Continuation Sheets). 94. „ „ for Second Meeting, where Scheme or Composi- tion has been entertained. 96. Application to Court to appoint Day, for approving Composition or Scheme. 97. Application to Court to appoint Day for approving Composition or Scheme in a Summary Case. 100. Order of Court for General Meeting of Creditors. 101. Notice of Meeting (General Form). 102. Affidavit of Postage of Notices (General). 103. Notice convening Second Meeting to confirm Composition or Scheme. 104. Resolution at Second Meeting. 105. Notice to Official Receiver of Application to Court to sanction Composition or Scheme. 55fi APPENDIX OF OFFICIAL FOP MS. 106. Affidavit by Special Manager. 107. Notice to Creditors of Meeting to remove Trustee and re-appomt. 108. „ of Meeting to be held to appoint new Trustee. 109! Minutes of Meeting for receiving Trustee's Resignation. 110. Eeport to Board of Trade of Appointment of Trustee in Bank- ruptcy. 114. Request by Creditor to Board of Trade to notify Objection to Trustee (High Court). 115. Certificate of Appointment of Trustee. 115a. Bond of Trustee. 116. Report of Appointment of Trustee to fill Vacancy. 117. Application by Trustee to Court for Directions. 118. Order on Application for Directors. 119. Notice of Intention to disclaim Lease. 119a. „ to Landlord of intention to disclaim Leasehold Property not sub-let or mortgaged. 119&. Ditto where Property sub-let or mortgaged. 120. Disclaimer without Notice. 120a. „ xof Leasehold Property after Notice to Landlord, Mortgagees, &c. 120&. Disclaimer of Lease with leave of Court. 120c. Notice of Disclaimer without leave of the Court. 120rt\ „ „ of Lease with leave of Court. 120e. Form of Notice by Landlord or other Person requiring Trustee to bring matter of intended Disclaimer of Property burdened with onerous Covenants before the Court. 120/. Schedule to Notice when given by Lessor. 120a. „ jj »j * ne Mortgagee or Assignee. 121. Notice of Transfer of Separate Estate to Joint Estate. 122. Statement to accompany Notice of Dividend, and Application for Release. 122a. Certified Lists of Proofs filed under Rule 225, and Application for issue of Cheques for Dividend on Bankruptcy Estates Account. 122b. Certified Lists of Proofs under Rule 225 Local Bank Case. 123. Notice of Intention to declare Dividend. 124. „ to Persons claiming to be Creditors of Intention to declare Pinal Dividend. 125. Notice to Creditors of Intention to pay Composition. 126. „ of Dividend. 127. Application for Order to pay Dividend withheld, and Order thereon. 128. Certificate by Committee of Inspection as to Audit of Trustee's Accounts. 129. Affidavit verifying Trustee's Account. 131. Profit and Loss Account (Trading Account). 132. Affidavit verifying Trustee's Trading Account. 132a. Statement of Accounts under Section 17 of the Bankruptcy Act, 1890. 133. Notice to Bankrupt under Section 53. 134. Order setting aside Pay under Section 53 (1). 135. „ „ Income, &c, under Section 53 (2). 136. Application to Board for Account at Local Bank. 137. Order of Board of Trade for Local Account. APPENDIX OF OFFICIAL FORMS. 557 138. Notice to Creditors of Intention to apply for Release. Do. do. (with Form No. 122 annexed). 139. Application by Trustee to Board of Trade for Release. 140. Request to deliver Bill for Taxation. 141. Allocatur, Ex parte. 141a. „ Party and Party. 141&. „ for Costs of Debtor's Petition. 141c. Certificate of Taxation (Allocatur, Old Act). 144. Admission of Debt by Debtor of Bankrupt. 145. Order to pay admitted Debt. 146. Search Warrant. 147. Warrant of Seizure. 148. „ against Debtor about to quit England, &c. 149. Subpoena Ad Test (High Court). 150. „ Duces Tecum (High Court). 151. „ or Summons to Witness in County Court. 152. Summons under Section 27. 152a. „ „ „ issued on Application of Official Receiver and Trustee. 153. Application by Trustee for Committal of Bankrupt or other Person. 154. Affidavit in support of Application for Committal of Debtor for Contempt of Court under Section 24. 155. Affidavit of Trustee under Section 50 (6). 156. Notice of Application for Committal under Sections 18, 23. 157. Order of Committal under Section 18 or 23. 158. Notice of Application for Committal under Section 24. 159. Affidavit of Person interested in a Composition for Committal. 160. „ for immediate Committal under Section 105 (6). 161. Notice of Application for Committal under Section 50 (6 J. 162. Order of Committal under Section 24. 163. „ „ „ „ 50(6). 1 64. Warrant of Committal for Contempt. 165. „ to apprehend a Person Summoned under Section 24. 166. Order for Discharge from Custody on Contempt. 167. „ Production of Person in Prison for Examination. 168. „ to Postmaster-General under Section 26. 169. Certificate to Speaker of the House of Commons under Section 33. 170. Issues of Fact for Trial by Jury (High Court). 174. Notices for London Gazette : (6) Of Intended Dividend. (7) Of Dividend. (12) Of Release of Trustees. 175. Memorandum of Advertisement or Gazetting. 176. Judgment Summons on Judgment or Order. 177. „ „ „ ,, for Payment by In- stalments. 178. Application for Judgment Summons. 179. n „ „ ,, non-payment of Instalments. 180. Affidavit where Judgment Summons is sought on an Order of Court not a County Court. 181. Order on a Judgment Summons altering Original Order or Judgment. 558 APPENDIX OF OFFICIAL FORMS. 182. Order of Commitment on an Order or Judgment of a Court other than a County Court. 183. Affidavit of Service of Judgment Summons. 184. Order (General Form). 185. Affidavit (General Form). 185a. „ of Service (General Form). 186. Common Application. 187. Summons to Witness. Estate Cash Book Sheets. Accounts 2. Price 2d. each. Copy of Estate Cash Book for Filing. Accounts 2b. Price Id. per sheet. 2s. per quire. Under Section 122. 1. Bequest for an Order of Administration. 2. Notice to Debtor of Day of Hearing. 3. „ Creditors of Day of Hearing. '3a. „ by Creditor of Objection to a Scheduled Debt, or amount of his own claim as Scheduled. 4. Order of Administration. 5. Notice to Creditors of Order of Administration. 0. Warrant of Execution. 7. Judgment Summons. 8. Order of Commitment. 9. Notice to Debtor of Creditor's Claim. 10 „ Creditor that his Claim is not objected to. 10a. „ n » » » t>y DeUor or Third Party]. 11. Superseding Order of Administration. 12. Notices of Orders of Administration made at County Courts to be sent to Begistry of County Court Judgments. Deeds of Arrangement Forms. 2. Trustee's Account of Beceipts and Payments 2a. Follower sheet do. 3. Affidavit verifying Trustee's Account. 4. Trustee's Trading Account. 4a. Follower sheet do. 5. List of Dividends or Composition. ba. Follower sheet do. 6. Affidavit by Trustee, with Final Account. 7. Notice of Meeting of Creditors to hear proposal of Debtor. Deed of Arrangement for Benefit of Creditors. Assignment for Benefit of Creditors to a Trustee with Committee of Inspection (very full form). Debtor's Affidavit. Affidavit of Execution by Debtor. „ ,, „ where Deed is first executed by Creditor. APPENDIX OF OFFICIAL FORMS. 559 COMPANY FORMS (&). Under the Companies Acts and Rules. 1 . Memorandum of Association — Company Limited by Shares. o „ „ Guarantee. 3. t1 n „ Unlimited Company. 4. Notice of Situation of Registered Office. 5. „ Change of Situation of Registered Office. 6a. Annual Return of Capital and Members (Form E). 6b. List of Directors— for filing with Form E. la. Annual Return of Capital and Members (Form E)— front sheets, for use irhere Share Warrants have been issued. 8a. List of Members — continuation sheets for Form E. 9. Copy of Register of Directors or Managers. 10. Notice of Increase of Capital. 11. Notice of Increase in Number of Members — Company Limited by Guarantee. 12. List of Members whoso Shares have been Converted into Slock. lO. ,, ,, J) JJ >» 14. Notice of Consent to Take the Name of a Subsisting Company. 16. Special Resolution {draft form). 17. Application to Register Company under Part VII. of the Act of 1862. 19. List of Members under Part VII. of the Act of 1 862. 20. ,, ,, ■>■> >> 21. Statement of Capital and Notice of Office under Part VII. of the Act of 1862. 22. Resolution Assenting to Register under Part VII. of the Act of 1862. 23. Declaration Verifying Documents under Part VII. of the Act of 1862. 25. Statement of Nominal Capital. 26. „ Increase of Capital. 41. Declaration of Compliance with the Companies Acts in respect of Matters Precedent and Incidental to Registration. 41a. Declaration of Compliance with the Requisitions of the Companies Acts made by a Subscriber to the Memorandum. 42. Notification of Consent to Act as Director. 42a. Contract by Directors to Take and Pay for Qualification Shares. 43. List of Persons who have Consented to Act as Directors. 44. Declaration of Compliance with the Provisions of the Companies Acts before Commencing Business or Exercising Borrowing Powers. 45. Return of Allotments. 45a. „ „ 46. Report prior to Statutory Meeting. 47. Return of Particulars as to Mortgages or Charges requiring Regis- tration. (b) These forms may be obtained of Jordan and Sons, Limited, 11(5 and 120, Chancery Lane, London, W.C. 560 APPENDIX OF OFFICIAL FORMS. 47a. Return of Particulars as to a Series of Debentures requiring Regis- tration. •±8. Return of Particulars as to Debentures for Registration where more than one Issue is made in the same Series. 49. Memorandum of Satisfaction of Mortgage or Charge. 50. Application for Certificate of Incorporation — Private Company. 51. ,, „ „ Public Company when no Directors are appointed. General Company Forms. Application for Shares, with Beceipt attached. „ Debentures, with Beceipt attached. „ Debenture Stock, with Beceipt attached. Balance Sheet, in accordance with Table A. Balance Ticket. Clubs, Annual Return of Particulars of. Debenture (blank form for Name of Company to be written in). Debenture Trust^Deed — Form A. Debenture Stock Trust Deed — Form B. Indemnity in respect of Lost or Destroyed Share Certificate. Letter of Allotment of Shares, impressed with Id. stamp, with Beceipt. ,, „ impressed with 6d. stamp, with Beceipt. „ „ Debentures, impressed with Qd. stamp, with Beceipt. „ „ Debenture Stock, impressed with 6d. stamp, with Beceipt. Letter of Regret, with Warrant attached. Memorandum and Articles of Association — Form A (full form). „ „ „ FormB (for use ivith Table A). „ „ „ Form C (for a Shipping Company). Notice of Board Meeting. „ Extraordinary General Meeting. „ Ordinary General Meeting. „ Statutory General Meeting. „ Call on Shares, ivith Beceipt. „ Dividend. „ Instalment on Debentures due, with Beceipt. „ „ Shares due, with Beceipt. Prospectus (model form). Proxy Form, for adhesive stamp. „ impressed with Id. stamp. Share Certificate (blank forms for Name of Company, &c, to be written in) printed from plate on Loan paper. Statement showing Apportionment of Consideration under Agreement for Sale (for use when Agreements are put in for Adjudication). Table A, foolscap size. Transfer of Debentures. „ Shares (Stock Exchange form). „ „ (Table A form) Transfer Receipt. Table of Duties and Fees payable on Registration of Limited Companies. APPENDIX OF OFFICIAL FORMS. 561 Winding-up Forms. 9. Affidavit verifying Petition. 43. Notice to Settle List of Con tribu tori es. 45. Certificate of Final Settlement of List of Contributories. Schedules referred to in the above Certificate. 47. Supplemental List of Contributories. 48. Affidavit of Service of Notice on Contributories. 53. Notice of Call to be sent to Contributories. 92. Liquidator's Statement of Receipts and Payments. i7 -"« »> 5> ?» >» 93. Affidavit verifying Liquidator's Statement of Account. 94. Liquidator's Trading Account. 94a. „ „ „ 95. List of Dividends or Composition. 95a. „ „ „ 96. List of Amounts Paid or Payable to Contributories. Jba. „ ,, ,, „ Extraordinary Resolution to Wind Up. Notice to Creditors to send in Particulars of Debts or Claims. Notice of Final Winding-up Meeting (to Shareholders). Return of Final Winding-up Meeting. Inland Reveuice Forms. (For these, see pages 12-18, 345-350.) Land Registry Forms. (For these, see pages 298-344.) 2o INDEX. ABSTRACT OF TITLE schedule of deeds comprised in, 523 ACCOUNT— INLAND REVENUE corrective as to estate duty, 402 form of residuary, 357 for succession to personal property where duty payable on capital, 363 on life interest, 366 to real or leasehold property, 369 for payment of subsequent instalments, 375 estate duty, 351 instalments of estate duty on real property, 375 settlement estate duty, 399 receiver's, heading for, 287 stated, acknowledgment of, 9 ACKNOWLEDGMENT as to production and safe custody of deeds, 8, 185, 521 of a deed by a married woman, 1 to be enrolled, 2 of another's title to property, 7 of easement belonging to others, 7 of indebtedness, I.O.U., 8 of receipt of bills of exchange in satisfaction of debt, 6 of mortgage money, 4 of part of ditto, 5 of notice of assignment of life policy, 474, n. (d) of recognizance, 3 of registry of a friendly society, 3 provident society, 3 amendment of rules of a friendly society, 4 of right to lights, 7, 8 walls, 8 stated account, of, 9 statutory, for production of documents, 8, 185, 521 title of, to bar Statute of Limitations, 8, 9 ADMINISTRATION affidavit for Commissioners of Inland Revenue, general, 31 foreign domicil of deceased, 75 personal estate only, 58 small estate, under £500 . . 68 trust property only, 77 of justification by sureties, 83 of service of summons in Ch. Div., 84 in support of summons in Ch. Div. by creditor, 83 564 INDEX. ADMINISTRATION— continued. corrective affidavit as to estate duty, 79 stamp duty on letters of, 532 bond, 170 endorsement on letters of, 278 notice to claimants other than creditors in administration action, 424 to creditor to produce documents in ditto, 425 to creditor to prove his claim in ditto, 425 to creditors to furnish claims against deceased person (preliminary), 422 (final), 423 pending administration action, 424 oath for administrator, 9 with the will annexed, 11 regulations as to personal application department for grants of letters of adminis- tration, 494 AFFIDAVIT (in general) the parties making, 87 the subject-matter — the debt, 88 statement of cause of action in — (special contracts) for arrears of annuity, 89 for freight under a charterparty, 92 for premiums of insurance, 91 for principal and interest due on mortgage, 88 same by assignee, 89 for rent due on lease, 90 upon a judgment, 90 upon a policy of insurance (time), 91 (voyage), 90 (articles of agreement) for debt on award, 92 for money due on bond, 93 on annuity bond, 93 on arbitration bond, 93 for payment of a debt, 92 for premium upon lease, 92 (simple contracts) bills of exchange drawer against acceptor, 94 indorsee against acceptor (foreign), 95 indorsee or bearer against drawer, 94 paj r ee against drawer, 94 payee or indorsee against acceptor, 95 cheques payee or bearer against maker, 97 promissory notes indorsee against indorser, 96 indorsee against maker, 96 on a note payable by instalments / 96 payee against maker, 95 (general subjects) for agistment and for horse keep and stabling, 101 for board and education, 99 and lodging, 99 for demurrage, 99 for double rent, 97 for double value, 98, n. (Jc) for freight, primage, or average, 104 for goods sold and delivered, 100 for hire of horse and carriage and for standing of carriage, 98 for interest, 100 for money in exchange of property, 97 INDEX. 565 AFFIDAVIT (in general) — continued. the subject-matter — the deht — continued. statement of cause of action in — continued. (general subjects) for money lent, paid, received, or due on account stated, 100 for passage money, 105 for tithe rent-charge, 101 for use and occupation, 97 for use of dairy, 99 for use of pasture and eatage, 98 for wages or salary, 99 for wharfage and warehouse-room, 98 for work and labour, 100 for work as an agent, 100 as an architect, 102 as a carrier, 104 as a coachmaker, 103 as a dancing-master, 103 as a factor, 104 as an insurance broker, 105 as a notary, 102 as a nurse, 104 as a schoolmaster, 103 as a shipwright, 103 as a solicitor, 101 as a surgeon and apothecary, 101 as an undertaker, 102 the form of jurat, 105 sworn in court, 105 at judge's chambers, 105 private house, 105 before a chief clerk, 105 a commissioner, 105 a master, 105 by a blind person, 107 by a deaf or dumb person, 107 by a foreigner, 107 by a marksman, 107 by two or more deponents, 106 on circuit, 105 AFFIDAVIT by administrator, 9 with the will annexed, 11 by annuitant under a bond to prove arrears due, 86 by attesting witness as to alterations in will after execution, 549 before execution, 548 of due execution of, 548 by creditor to prove a debt, 85 by executor for probate, 31, 494 as to plight and condition of will, 550 by parliamentary candidate for relief, 274 \ by petitioner of withdrawal of election petition, 275 corrective as to estate duty, 79 stamp duties on probate, &c., 532 exhibits, 280, 281 for Commissioners of Inland Kevenue, general, 31 foreign domicil of deceased, 75 personal estate only, 58 small estate, under £500.. 68 trust property only, 77 566 INDEX. AFFIDAVIT— continued. for grounding restraining order on stock, 518 in interpleader proceedings by sheriff, 296 answer thereto, 298 by stakeholder, 295 answer thereto, 297 in support of administration summons in the Ch. Div. by a creditor, 83 of application for bail, 138 for removal of judgment or order, 516 to court for appointment of new trustee, 115 of garnishee order for attachment of debt, 125 mayor's jurat to declaration of execution of power of attorney, 489 of consent to judge's order for stay of proceedings, 537 of execution of power of attorney, 493 of warrant of attorney, 547 of will by marksman, 550 of justification by sureties, 83 of loss of articles of clerkship, 120 of service of administration summons in the Ch. Div., 84 of bankruptcy notice, 139 petition, 141 of judge's summons for procuring bail, 137 of truth of statements in petition in bankruptcy, 140 on registration of a bill of sale, 160 on renewal of registration of a bill of sale, 161 regulations as to form of, 87 n. (a) under Order XIV. for leave to defend, 344 in reply, 344 n. (a) in support of application for judgment, 344 n. (a.) verifying statement as to after-acquired property, 154 verifying the debt in bankruptcy, 140 by a surety, 143 of workmen, 144 verifying the signature to a consent for entering satisfaction of a bill of sale, 161 AFFIRMATION form of, 108 AFTER-ACQUIRED PROPERTY affidavit verifying statement of, 154 AGE declaration as to, 243 for an assurance society, 244 own age, 244 AGISTMENT claim in affidavit for, 101 ANNUITANT. See also Annuity. affidavit by, to prove arrears due under a bond, 86 ANNUITY claim in affidavit for arrears of, 89 notice of assignment of, 476 APOLOGY demand of, for slander, 257 form of, 257 INDEX. 56 * APPLICATION TO LAND REGISTRY for official search, .'500 continuation of official search, 301 registration with ahsolute title, 307 with a possessory title, 30G, 307 to register deed of arrangement, 299 land charge, 300 writ or order, 298 search, for continuation of official, 301, 302 to withdraw caution, 342 APPOINTMENT affidavit in support of application to Court for new trustee, 115 declaration hy candidate as to parliamentary election agent, 225 of an arbitrator under the Lands Clauses Act, 1845 .. 108 of a coroner, 109 of a gamekeeper, 111, 112 t>f a municipal election agent, 109 n. (a) of a parliamentary election agent by candidate, 109 of a steward, 110 of new trustees of a settlement, 113 will, 114 APPRENTICESHIP indenture of, 116 Mercantile Marine Service, for, 119, 120 ARBITRATION short form of submission, 121 ARBITRATOR appointment of, under Lands Clauses Act, 1845.. 108 notice of under, &c, 417 declaration by, 229 notice to appoint an umpire, 418 ARTICLES OF CLERKSHIP affidavit of loss of, 120 ASSIGNMENT notice of, of an annuity, 47 G of a bond debt, 472 of a book debt, 473 of a business and book debt, 472 of a policy of life assurance absolutely, 475 by way of mortgage, 473 to trustees for benefit of creditors, 427 of a policy of life assurance, 121-123 ATTACHMENT OF DEBT affidavit in support of garnishee order for, 125 ATTESTATION for attested copies, 127 for deeds, 126 for wills, 127 of petition in bankruptcy by more than one petitioner, 483, n. (q) ATTORNEY. See Power of Attorney. ATTORNMENT authority to tenant, 128 by tenant to purchaser, 129, 130 568 INDEX. AUCTION notice to persons attending, of consequences of purchasing property, 478 AUCTIONEER authority to sell goods, 133 property, 131 AUTHORITY demand on plaintiff's solicitor whether writ issued by him, 253 for making an application for payment of money out of Chancery pay-office, 131 to bankers to pay dividend to agent, 136 to kill hares, 133 to pay amount due on life policy to purchaser, 135 insurance money to a mortgagee, 135 mortgage or purchase money to a third party, 134 ; to Paymaster-General to pay dividends, 130 to receive a dividend in bankruptcy, 434 purchase or other moneys, 134 to sell goods, 133 property, 131 to tenants to attorn, 129 to trustee to pay part of trust moneys to reversioner, 136 AWARD claim in affidavit for debt on, 92 BAIL affidavit in support of an application for, 138 of service of a judge's summons for, 137 BAILIFF appointment of, by judge of county court to levy distress, 267, n. (x) notice to, of county court of landlord's claim for rent, 436 warrant to distrain for rent, 265 BAILMENT demand of return of articles delivered by bailor, 259 BANKRUPTCY. [List of Official Forms, see Appendix.] affidavit of service of notice, 139 petition, 141 of truth of statements in petition in, 140 verifying the debt, 141 by a surety, 143 by workmen, 144 application for order of discharge, 153 to annul adjudication, 153 to fix day to approve composition, 154 authority to receive dividend, 434 business at first meeting of creditors, 430, n. (o) declaration of inability to pay debts, 229 endorsement of registry of proceedings, 277 on notice in, 428, n. (e) of first meeting, 430, n. (o) list of Official Forms, 553-558 minutes of meeting for receiving resignation of trustee, 412 of proceedings at first meeting of creditors, 411 notice, application to set aside, affidavit on, 139 by trustee of intention to disclaim lease, 433 convening second meeting to confirm composition, &c, 431 in, 428 in Gazette of substituted service of petition, 428 INDEX. 569 BANKRUPTCY— continued. notice, of adjudication, 429 of assignment to trustees for benefit of creditors, 427 of debtor's application for discharge, 435 of dividend, 434 of intention to declare dividend, 434 final dividend, 434 of meeting of creditors, 431 to be held to appoint new trustee, 433 to remove trustee, 432 of receiving order, 429 to creditors and official receiver of application to Court to sanction composition, &c, 432 to creditors of first meeting, 430 to debtor to attend first meeting of creditors, 430 offer of fragmental estate to creditors before presenting petition, 25G petition in, by creditor, 482 debtor, 482 for administration of estate of deceased debtor in, 484 receipt for dividend, 508 request for issue of notice in, 427 resolution at second general meeting of creditors, 517 revival by landlord and tenant of agreement avoided by, 520 statement of affairs in, 144 statement to accompany notice of dividend, 434, n. («) BAPTISM declaration for verifying a certificate of, 239, 240 where original register lost, 241, n. (f) BASTARDY petition by widow of intestate bastard, 485 receipt for specific sum in satisfaction of order in, 512 BILL OF COSTS general requisites as to, 289-294, nn. heading to, in bankruptcy, 292 in Chancery Division, 289 in county court, 293 in House of Lords, 293 in Queen's Bench Division, 292 BILL OF EXCHANGE acknowledgment of receipt of, in satisfaction of a debt, G claim in affidavit by drawer against acceptor, 94 indorsee against acceptor, 95 indorsee or bearer against drawer, 94 payee against drawer, 94 payee or indorsee against acceptor, 95 defeasance on warrant of attorney for securing payment of, 545 protest of, where no notary public available, 505 receipt for debt discharged by, 510 BILL OF SALE absolute, 155 by a sheriff, 157 of a ship or share of ship, 162 affidavit for verifying the signature to a consent for entering satisfaction of, 1G1 on registration of, 160 on renewal of registration of, 161 570 INDEX. BILL OF SALE— continued. by way of mortgage, 158 of a ship or share of ship, 162 to secure current account, 41 G consent to entry of satisfaction, 207 BOARD claim in affidavit for, and education, 99 lodging, 99 BOND administration, 170 affidavit by annuitant under, to prove arrears due, 80 by officer of building society, 172 friendly society, 172 provident society, 172 claim in affidavit for money due on, 93 upon an annuity bond, 93 arbitration bond, 93 for payment of money and interest, 164 for the fidelity of the manager of a business, 167 that a married^ woman, being the minor, shall execute and acknowledge a con- veyance on coming of age, 165 BUILDING notice to remove, 443 not to trespass on, 445 BUILDING SOCIETY bond by officer of, 172, n. (w) certificate of alteration of chief office, 180 incorporation, 178 registration of alteration of rules of, 179 of change of name of, 179 of instrument of dissolution of, 180 declaration as to change of name, 217 in support of amendment of rules, 217 to accompany application for certificate of incorporation, 216 instrument of dissolution, 219 verifying statements in application for direction to transfer stock, 218 instrument of dissolution of, 219, n. (h) notice of change of chief office of, 450 notice to registrar of change of name, 450 receipt by, to revest estate in mortgagor, 508 CASE for the opinion of counsel, 173-176 CERTIFICATE by merchants as to notary certifying to execution of power of attorney, 490 by notary that a power of attorney was executed in his presence, 178, 490 by solicitor of executor's relationship to deceased, 495 n. (o) condition of sale relating to, 188 of change of chief office of building society, 180 of charge on copyholds, 213 of incorporation of building society. 178 of life of payee, 221 of registration of alteration of rules of building society, 179 of change of name of building society, 179 of instrument of dissolution of building society, 180 . ., . nnn industrial society, 180 n. (o) on an exhibit, 280, n (to) INDEX. 571 CHANGE OF NAME declaration of execution of deed for, 251 deed poll for, 252 notice of, 480 to registrar of, by building society, 450 CHANGE OF SOLICITOR notice of, 419 CHARGE ON COPYHOLDS, certificate of, 213 transfer of, 213 CHARGE ON LAND— (Land Registry Acts) application to register, 300 searcb for, application for, 300, 301 continuation of search for, 301 CHEQUE claim in affidavit by payee or bearer against maker, 97 CODICIL affidavit by attesting witness of due execution, 548 COMPANY notice to creditors of petition to wind up, 42 G to stop transfer of stock, &c, 421 CONDITIONS OF SALE by the Court, 180, n. (r) memorandum appended to, 190, 193, 195, 198, 202, 203 of books, 204, 205 of freeholds, 180, 191, 193 of pictures, 203 of printer's and publisher's stock, 205 of reversionary interests, 195 of shares, 202 of ship, 198 of timber, 199 special, relating to allotments, 184 certificates, 188 charges, 186 commencement of title, 183 copyholds, 187 dower, 187 easements, 188 exchanges, 185 fishery, 188 identity, 184 indemnities, 186 leaseholds, 187 life estates, 187 mortgages, 188, n. (p) policies, 188 quantity, 186 recitals, 186 tenant, 188 title deeds, 185 usual, 206 572 INDEX. CONSENT affidavit of, to judge's order for stay of proceedings, 537 by tenant that possession should be continued by landlord beyond period limited by statute, 267 of proposed new trustee to act, 207 to a judge's order for a stay of proceedings, 208 to entry of satisfaction on a bill of sale, 207 CONTINUATION of official search, requisition for, 301 CONVEYANCES by way of settlement of property for benefit of Wesleyan Methodists, 211 on a sale, the mortgagee joining, 210 vendor to purchaser in fee, 209 COPYHOLDS certificate of charge of, 213 transfer of above, 213 notice of right to enfranchise, 214 power of attorney, 493 register of, heading for, 287 COPYRIGHT notice of sale of, 471 CORONER appointment of, 109 CORRECTIVE account of estate duty, 402 affidavit for duty, inland revenue, 79 stamps on probate, 532 declaration as to voters' list, 223 CORRUPT AND ILLEGAL PRACTICES ACT. See also Election. appointment of parliamentary election agent, 109 COSTS receipt for debt and, 507 scale of charges, 289, n. (s) COUNSEL case for the opinion of, 173-178 COUNTY COURT appointment of bailiffs, 267, n. (x) scale of allowances to witnesses in, 291, n. (e) COVENANT endorsement of, on deeds, 279 for production and safe custody of deed, 521, n. («) DAIRY claim in affidavit for use of, 99 DEBT affidavit by creditor to prove, 85 declaration of inability to pay, 229 demand on behalf of trustee or executor for payment, 256 debtor for payment, 254, 255 receipt for, 506 discharged by bill of exchange, 510 due from deceased person, 509 due on promissory note and balance of account, 510 secured by warrant of attorney, 511 INDEX. 573 DECLARATION as to age for an assurance society, 244 as to alteration of deed previous to being stamped, 526 as to change of name of building society, 217 as to declarant's age, 244 as to ownership and title deeds, 250 by applicant for registration of land with possessory title, 307 by arbitrator or umpire, 229 by lodger that tenant does not own goods, 215 by municipal candidate as to expenses, 228 by officer of provident society accepting transfer of engagements, 219 by parliamentary candidate as to expenses, 225 of appointment of election agent, 225 where nominated in his absence, 227 election agent as to expenses, 226 voter as to his place of abode, 222 of inability to read, 224 by presiding officer at elections, 268, n. (/) by solicitor that writ was (or was not) issued by him, 214 for correcting misdescription in borough list, 223 occupiers' or old lodgers' list, 222 for having deed stamped after return from abroad, 526 for procuring allowance on spoiled stamps, 527 for registration of possessory title, 307 for verifying a certificate of baptism, 239, 240 where original register lost, 241, n. (/) in proof of heirship, 242 successions, in case of, 364, 367, 381, 384, 390 in support of amendment of rules of building society, 217 friendly society, 216 marital identity and lineage, 233 pedigree, 234-236 of absence of candidate withdrawing from parliamentary election, 455, n. (o) of amount of interest or dividends to be paid into Court, 220 of execution of a deed for changing surname, 251 of power of attorney, 488, 493 of identity and age, 243 of persons, 245 of various properties, 230 of inability to pay debts, 229 of life of payee, 221 of marriage, 237-239 of name and residence of persons constituting firm, 214 of register of birth by an elder of a dissenting congregation, 241 of searches for evidence in support of pedigree, 246-248 of seisin, 236 of signing of notice of dissolution of partnership, 251 that a particular person is still living, 245 to accompany application for certificate of incorporation of building society, 216 instrument of dissolution of building society, 219 of friendly society, 451 n. (e) of industrial society, 219 n. (d) memorial for having deed stamped without penalty, 524 to obtain remittance by post of money payable under order of Supreme Court, 221 verifying execution of transfer, &c, by company, &c, 295 verifying statement in application for direction to transfer stock of building society, 218 DEED attestation of, 126 574 INDEX. DEED — continued. endorsement of covenant on, 279 heading for reference book, 288 title deeds, right to production of, 8, 185, 521 DEED POLL for changing surname, 252 memorial of, in Middlesex Deeds Registry, 340 DEEDS IN MIDDLESEX memorial of, between parties, 338 deed poll, 340 will, 341 mortgage certificate of satisfaction, 341 requisition for official search, 342 DEEDS OF ARRANGEMENT application to register, 299 DEMAND by husband of children harboured by wife, 261 for statement of names and residences of persons constituting firm, 254 of apology for slander, 257 of copy of warrant from constable or gaoler, 263 of interest, 424, n. (/) of payment by mortgagee, 258 of possession at end of term of years, 263 of house, 261 of land, 261 pursuant to s. 213 of C. L. P. Act, 1852.. 262 of return of articles delivered by bailor, 259 of title deeds and notice of intended action, 264 on behalf of trustee or executor for payment of debt, 256 on plaintiff's solicitor to state whether writ issued by him, 253 to debtor for payment, 254 peremptory, 255 final, 255 under a covenant in a farm lease, 260 DEMURRAGE claim in affidavit, 99 DISTRESS appointment of bailiffs by judge of county court, 267, n. (a) by whom made, 265, n. (s) costs of, 266, n. (s) for what made, 266 how secured, 266 notice of, 267 tenant's consent to continuance of possession, 267 things not distrainable, 266, n. (s) warrant of, 265 when cannot be made, 265, n. (s) where made, 266, n. (s) DIVIDEND authority to banker to pay to agent, 136 Paymaster-General to pay, 130 receive in bankruptcy, 435 declaration of amount to be paid into Court, 220 to entitle person to receive from pay office of Supreme Court, 220, n. (q) notice to company to stop receipt of, 421 receipt for, in bankruptcy, 435 under deed of composition, 508 INDEX. 575 DOUBLE RENT claim in affidavit for, 97 demand of possession or, 263, n. (d) DOUBLE VALUE claim in affidavit for, 98, n. (k) demand of possession or, 263 DOWER condition of sale relating to, 187 EASEMENTS acknowledgment of right to, 7 ELECTION municipal — declaration by candidate as to expenses, 228 nomination paper, 273 notice of, 453 of disqualification of candidate, 454 to withdraw petition, 275, n. (n) recognizance by surety as to costs of petition, 276, n. (a) rules for conducting, 268, n. (c) parliamentary — affidavit bj 7, candidate for relief, 274 of withdrawal of petition, 275 appointment of agent by candidate, 109 declaration by candidate as to expenses, 225 where nominated in absence, 227 by election agent as to expenses, 226 of absence of withdrawing candidate, 455, n. (o) of appointment of agent by candidate, 225 statutory by presiding officer as to secrecy, 268, n.(/") expenses of returning officers, 452, nn. (s), (t) instructions to presiding officer at, 268 nomination paper, 272 notice of, 451 of appointment of agent, 455 of disqualification of candidate, 454 of withdrawal by candidate, 455 recognizance by surety as to costs of petition, 276 return by candidate as to expenses, 225, n. (n) by election agent as to expenses, 226, n. («) rules for conducting, 268 ENDORSEMENTS of covenants on deeds, 279 of registry of proceedings in bankruptcy, 277 of service of notices, 278, 279 of rule or summons, 278 of writ of summons, 278 of transfer of an innkeeper's licence, 279 on bills of exchange and promissory notes, 510, n. (p) on creditor's petition in bankruptcy, 483, n. (q) on letters of administration, 278 on notice of application for discharge by bankrupt, 435, n. (s) on probate, 277 ENFRANCHISEMENT OF COPYHOLDS notice of right to, 214 ESTATE DUTY. See a/so Account, Inland Revenue, Legacy Duty. account for payment of, 394 of instalments on real property, 399 576 INDEX. ESTATE DUTY— continued. corrective account of, 402 instructions as to payment of, 18-31 modes of payment of, on real estate, 399 EXCHANGE claim in affidavit for money in, 97 EXECUTOR affidavit by, as to plight and condition of will, 550 oath for probate, 494 EXHIBITS memorandum of identity on codicil annexed to oath of executor, 495, n. (s) on deed, 280 on depositions, 281 on document, 280 on plan, 281 on rule, 281 on will, 281 FINANCE ACT. See Estate Duty. FREIGHT claim in affidavit for, 104 FRIENDLY SOCIETY acknowledgment of registry of, 3 amendment of rules of, 4 bond by officer of, 172, n. (w) declaration in support of amendment of rules, 216 to accompany instrument of dissolution, 451, n. (g) instrument of dissolution, 451 notice of appointment of new trustee to branch, 449 of registry of dissolution of, 451 of resolution appointing trustees, 449 receipt to be indorsed on mortgage, 509 Treasury regulations relating to, 3, nn. (q), (w) FURTHER CHARGE. See Mortgage. GAMEKEEPER appointment of, 111, 112 GOODS authority to sell, 133 claim in affidavit for goods sold and delivered, 100 guarantee on supply of, to third person, 282 GUARANTEE for advances by a bank, 283 for fidelity of a clerk, 282 for goods supplied to third person, 282 HARES authority to kill, 133 HEADINGS for arbitration, 288 for deed and document reference book, 288 for steward or receiver's account, 287 for survey, 287 of handbills and particulars of sale, 284 INDEX. 577 READINGS— continued. to bill of costs in bankruptcy, 292 in Cbanccry Division, 289 in county court, 293 in House of Lords, 293 in King's Bench Division, 292 to memorials, 288, n. (p) to petitions, 288 HEIRSHIP declaration in proof of, 242 HIRE claim in affidavit for, of a horse and carriage, &c, 98 IDENTITY declaration of identity and age, 243 of persons, 245 of various properties, 230 of marital identity, 233 INDORSEMENTS. See Endobsements. INDUSTRIAL SOCIETY certificate of registration of dissolution of, 180, n. (o) declaration by officer accepting transfer of engagements, 219, n. (d) in support of amendment of rules, 217, n. (ri) to accompany instrument of dissolution, 219, n. (h) verifying statements in application for direction to transfer stock, 218, n. (s) INLAND REVENUE. [List of Official Forms, see Appendix.] affidavit for Commissioners of, general, 31 foreign domicil of deceased, 75 personal estate only, 59 small estate under £500.. 68 trust property only, 77 corrective for estate duty, 79 stamps on probate, 532 forms of receipt for legacies, 349 for annuities under wills, 354 residuary account, 357 mode of addressing Commissioners of, as to remission of penalties, 524, n. (s) regulations as to rectifying amount of stamp duty on affidavits of value, 529, n. (u) successions, capital of personal property, 363 life interest of personal property, 366 real or leasehold property, 369 INNKEEPER notice by, of sale of chattels, 420 INSTRUCTIONS AS TO ESTATE DUTY, 18-31 INSTRUMENT OF DISSOLUTION. See Building, Friendly, Provident Society. INSURANCE authority to pay insurance money to mortgagee, 135 claim in affidavit for premiums, 91 upon a policy of (time), 90 (voyage), 90 2p 578 INDEX. INTEREST claim in affidavit for, 100 notice by creditor of claim, 421 receipt for, 508 INTERPLEADER affidavit by sheriff, 296 answer thereto, 298 by stakeholder, 295 answer thereto, 297 proceedings, 295, n. (a) stakeholder, meaning of, 295, n. (b) I.O.U. acknowledgment of indebtedness, 8 JUDGMENT affidavit in support of removal of, 516 claim in affidavit upon, 90 JURAT. See Affidavit. LAND. See Trespass. LAND CHARGE application to register, 300 searches for, application for official, 300, 301 LAND REGISTRY Land Charges, &c, Act, 1888 — application for official search, 300 to register a land charge, 300 to register deed of arrangement, 299 to register writ, 298 requisition for continuance of official search, 301 Land Transfer Acts, 1875 and 1897— additional restriction where tenant for life is registered as proprietor and has incumbered his beneficial interest without reserving his right to exercise his statutory powers, 310 application for registration with an absolute title, 307 a possessory title, 306 to alter the terms of a charge under s. 9 (5) of the Act of 1897, 322 to enter notice of an estate in dower or by the curtesy, 324 to register a restriction under s. 58 of the Act of 1875, as amended by the Act of 1897 .. 327 to withdraw a caution, 326 against entry of land on the register, 312 or modify a restriction, 327 authority under rule 286 . . 328 caution against the registration of a possessory or qualified title, as qualified or absolute, 326 (under s. 53 of the Act of 1875) against dealings with registered land or a charge, 325 (under s. 60 of the Act of 1875) against entry of land on the register, 310 certificate as to vesting in an incumbent or other ecclesiastical corpora- tion, 318 the like certificate under rule 149 .. 318 the New Parishes Acts, 318 of examination of a married woman, 329 of non-liability to death duty, 325 index. 579 LAND REGISTRY— continued. Land Transfer Acts, 1875 and 1897— continued. certificate of value, 329 under s. 15 of the Act of 1897 as to a disposition by the incum- bent of a benefice, 326 entry restraining a disposition by a sole surviving proprietor, 325 form of advertisement in the London Gazette of an application for an absolute title, 307 inhibition where the incumbent of a benefice is the registered proprietor of land, 326 instrument of appropriation of land in satisfaction of a legacy or share in residuary estate under s. 4 of the Act of 1897 . . 324 of assent to a devise of land under s. 3 of the Act of 1897 3^3 of charge, 320 by way of annuity, 321 to secure future advances, 322 of discharge of registered charge, 322 of exchange, 319 of partition, 319 of transfer and discharge, 323 of charge, 323 of certain specified mines and minerals without the land, 316 of land, 312 for charitable uses, 317 in exercise of a power of sale contained in a registered charge, 317 subject to restrictive conditions under s. 84 of the Act of 1875.. 31 8 to a company or corporation, 317 with certain specified mines and minerals only, 316 with the mines and minerals, excepting only certain specified mines and minerals, 316 without the mines and minerals, 316 of freehold land purchased with capital money liable to be laid out in the purchase of land to be assured to the uses of a settlement, tenant for life, or trustees to be registered as pro- prietors, 315 the like, the donees of a joint over- riding power of appointment being registered as proprietors, 315 to give effect to a settlement — donees of an overriding power of appointment to be registered as proprietors, 314 tenant for life to be registered as proprietor, 313 trustees to be registered as pro- prietors, 314 of leasehold land, 317 to give effect to a settlement, 315 of part of the land comprised in a title, 313 of the mines and minerals without the land, 316 withoutthe land, of the mines and minerals, except certain specified mines and minerals, 316 land certificate, 327 memorandum on the charges introduced by the Land Transfer Rules and Fee Order, 1903.. 302 580 INDEX. LAND REGISTRY— continued. Land Transfer Acts, 1875 and 1897— continued. notice of divesting of the estate of the official receiver or of a trustee m bankruptcy (rule 199), 324 of liability to death duty, 325 to a person who has lodged a complaint, 326 (under ss. 60 and 62 of the Act of 1875) of an application to register land, 311 official certificate of result of search, 328 priority notice for entry of land on the register, 312 in respect of a dealing with registered land or a charge, 312 restriction on charity land, 310 where land is settled subject to such uses as two persons, entered as proprietors, shall jointly appoint, 310 where tenant for life is registered as proprietor, 309 the same (a full form), 309 where the trustees of the settlement are entered as proprietors, 309 where there are no trustees of the settlement and tenant for life is registered as proprietor, 310 addition to the above restrictions, 310 solicitor's remuneration, 330-337 statutory declaration by an applicant for registration with a possessory title, 307 in support of a caution, 311 on completion of an absolute or qualified title (rule 47).. 308 verifying a certificate of examination of married woman, 330 summons on application to the Coui't, 328 Middlesex Deeds Act, 1891 — application, 343 certificate of satisfaction of mortgage, 341 declaration attesting execution of instrument and identifying owner (official form), 343 memorial of a deed between parties, 338 of a deed poll, 340 of a will, 341 requsition for official search, 342 LANDLORD AND TENANT demand of possession, otherwise double rent or value, 263 notice by mortgagee to tenants not to pay rent to mortgagor, 448 of distress, 267 to bailiff of county court of claim for rent, 436 to determine a lease pursuant to proviso therein, 437 to lessee to repair preparatory to enforcing right of re-entry, 440 to quit by executors, 439 by landlord, 437 by tenant, 438 by vendor, 439 to sheriff of rent due by execution debtor, 436 to tenant to deliver up possession pursuant to 1 & 2 Vict. c. 74.. 438 revival of agreement avoided by bankruptcy or non-performance, 520 service of notice to lessee to repair, 440, n. (5) warrant to distrain for rent, 265 LANDS CLAUSES ACT, 1845 appointment of arbitrator under, 108 and claim, 417 notice to arbitrators to appoint umpire, 418 INDEX. 581 LEASE demand under a covenant in, '2(50 instrument of transfer of leasehold land, 317 licence to assign, 408 notice to determine, pursuant to proviso therein, 437 particulars for, of a mansion, 503 LEAVE TO DEFEND affidavit under Order xiv. for, 344 LEGACY DUTY annuity receipt, 350 forms for, 345 legacy receipt, 347 residuary account, 357 LETTERS OF ADMINISTRATION. See Administration LICENCE petition for obtaining, for K.C. to defend prisoner, 485 to alienate lifeholds and assign leases, 408 to use a patented invention, 408 LIFE ASSURANCE assignment of policy of, 121, 123-125 authority to pay amount to mortgagee, 135 to purchaser, 135 notice of assignment of policy, 475 by way of mortgage, 473 of witbdrawal of claim on policy, 477 receipt for money payable under, 511 register of, to be effected, 515 LIGHTS acknowledgment of right to, 7, 8 LIMITATIONS acknowledgment of title to bar statute of, 8, 9 LODGER declaration by, that tenant does not own goods, 215 MANSION particulars for letting, 503 MARRIAGE declaration of, 237-239 demand by husband of children harboured by wife, 2G1 MARRIED WOMAN acknowledgment of deed by wife, 1 bond by obligor that she will execute a conveyance on coming of age, 1G5 notice by husband to poor law guardians of readiness to support, 481 questions to be put to, when acknowledging deed, 1, n. (a) MEMORIAL for having deed stamped without penalty, 524, 525 of a deed inter partes, Middlesex Deeds Acts, 338 poll, 340 will, 341 MERCHANT SHIPPING ACT, 1894 bill of sale of sbip, 162 mortgage of ship, 416 particulars for registration of ship, 162 582 INDEX. MIDDLESEX DEEDS ACTS— (Land Kegistry) certificate of satisfaction of a mortgage, 341 forms under, 338-343 memorial of a deed inter partes, 338 poll, 340 will, 341 MINUTES . , , of meeting for receiving resignation of trustee m bankruptcy, 412 of proceedings at first meeting of creditors in bankruptcy, 411 MONEY authority to apply for payment of, out of Chancery pay-office, 131 pay insurance money to mortgagee, 135 mortgage money to third party, 134 purchase money to ditto, 134 receive ditto, 134 bond for payment of, 164 claim in affidavit for money due on account stated, 100 lent, 100 paid, 100 received, 100 declaration to obtain remittance by post of money payable under an order of Supreme Court, 221 MORTGAGE acknowledgment of receipt of mortgage money, 4 part of mortgage money, 5 authority to pay insurance money to mortgagee, 135 mortgage money to third party, 134 certificate of satisfaction of, Middlesex Deeds Act, 341 claim for principal and interest in affidavit by assignee, 89 by mortgagee, 88 condition of sale relating to, 188 declaration as to ownership and title-deeds, 250 demand of payment by mortgagee, 258, 446 further charge on, 416 notice by mortgagee of assignment of policy by way of, 473 requiring payment of principal, 446 to tenants not to pay rent to mortgagor, 448 by mortgagor of paying of principal, 448 by second mortgagee of equitable charge, 477 of a ship or share of ship, 415 to secure account current, 416 transfer of, 416 receipt by building society, 508 by friendly society, 509 by provident society, 509 reconveyance, 417 register of, 513 statutory form, 412 reconveyance of, 413 transfer of, 413 to trustees, 414 NEW TRUSTEES , affidavit in support of application for appointment, 115 appointment of a settlement, 113 will, 114 consent to act as, 207 \ INDEX. 583 NOTICE by creditor that interest will be claimed, 421 by executor or administrator to creditors before final distribution of assets, 423 by executors to quit a farm, 439 by innkeeper of sale of chattels, 420 by mortgagee to tenants not to pay rent to mortgagor, 448 by owner to trespasser not to trespass on land, 444 not to trespass on garden or buildings, 445 by renter of rights of sporting to trespassers not to trespass, 445 by solicitor to witnesses, 419 by trustee of intention to disclaim lease, 433 by vendor to purchaser to complete a purchase preparatory to commencing an action for specific performance of contract, 478 by voter of selection in the case of duplicate entries (borough registration) 469 convening second meeting to confirm composition or scheme (bankruptcy), 431 declaration as to dissolution of partnership, 251 endorsement of service of, 278, 279 in bankruptcy, 428 in Gazette of substituted service of bankruptcy petition, 428 of adjudication in bankruptcy, 429 of anticipated nuisance, 442 of appointment of election agent, 455 of new trustee of branch of friendly society, 449 of assignment of annuity, 476 of bond debt, 472 of book debt, 473 of business and book debts, 472 of life policy, 123, n. (t) of policy of life assurance (absolute), 475 (by way of mortgage), 473 to trustee for benefit of creditors, 427 of change of chief ofiice of building society, 450 of name of building society, 450 of solicitor, 419 of surname, 480 of claim and appointment of arbitrator under Lands C. C. Act, 1845 ..417 by freemen to be given to the town clerk, 470 by liverymen in City of London, 470 in respect of occupation franchise (county registration), 459 (parliamentary) by lodger (borough registration), 463 (parliamentary and municipal) to borough registration, 460 of continuation of business by a surviving partner, 420 of disqualification of municipal candidate, 454 of parliamentary candidate, 454 of dissolution of co-partnership, 420 of dividend in bankruptcy, 434 of equitable charge by way of mortgage, 477 of intended action, 264 of intention to declare dividend in bankruptcy, 434 final dividend, 434 of meeting of creditors in bankruptcy, 431 to appoint new trustee, 433 to remove trustee and appoint a person to fill vacancy, 432 of municipal election, 453 of objection (parliamentary and municipal) to be given to overseers (borough registration), 464 to be given to person objected to (borough registration), 465 to be given to overseers in respect of occupation franchise (county registration), 466 584 INDEX. NOTICE— continued. of objection to be given to person objected to (country registration), 4GG to secondaries of the City of London, and to clerks ot livery companies, 471 to claim by burgess in borough purely municipal, 388 to parties inserted in list of the livery, 471 of parliamentary election, 451 of paying off mortgage money, 448 of proceeding to set aside dissolution of provident society, 451 of receiving order in bankruptcy, 429 of registry of instrument of dissolution of friendly society, 451 of resolution appointing trustees to friendly society, 449 of reward offered for apprehension of depredators, 446 of sale of a copyright, 471 of withdrawal by parliamentary candidate, 455 of claim for a life policy, 477 of objection to county voter, 467 requiring payment of mortgage money, 446 reviving objection to municipal voter, 469 to arbitrators to appoint an umpire, 418 to bailiff of county court of landlord's claim for rent, 436 to claimants other than creditors (administration), 424 to company to stop transfer of stock or receipt of dividends, 421 to creditor to produce documents (administration), 425 to prove debt, 85, n. (h) to prove his claim (administration), 425 to creditors and official receiver of application to Court to sanction composition or scheme in bankruptcy, 432 to creditors of debtor's application for discharge, 435 of first meeting in bankruptcy, 430 of petition to wind up company, 426 pending an administration action, 424 to furnish claims against deceased person (administration), 422 to cut trees overhanging another's premises, 441 to debtor to attend first meeting of creditors, 430 to determine a lease pursuant to a proviso therein, 437 to lessee to repair preparatory to enforcing right of re-entry, 440 to persons attending an auction, of the consequences of purchasing the property, 478 to poor law guardians of readiness of husband to support deserting wife, 481 to prevent obstruction of a window, 443 to quit by landlord to tenant from year to year, 437 by tenant to landlord, 438 by vendor on a sale, 439 to remove building encroachment, 443 obstructions and nuisances, 444 windfalls, 441 to repair fences, 440 to savings bank of a claim upon a sum invested, 422 to sheriff of rent due to landlord of execution debtor, 436 to tenant to deliver up possession pursuant to 1 & 2 Vict. c. 74.. 438 to witnesses by solicitor, 419 NUISANCE notice of anticipated, 442 to remove obstructions and, 444 OATH. See Administration, Affidavit. to be administered to municipal voter, 271 to parliamentary voter, 271, n. (n) INDEX. 585 OFFICIAL SEARCH. (Land Charges, &c, Act, 1888.) application for, 300 requisition for continuation of, 301 Middlesex Deeds Act, application for, 342 ORDER XIV. affidavit for leave to defend under, 3-14 in reply, 344, n. (a) in support of application for judgment, 344 ORIGINATING SUMMONS. See Summons. OWNERSHIP declaration as to, 250 PARTICULARS for letting a mansion, 503 headings to, of sale, 284 PARTNERSHIP declaration of signing of notice of dissolution, 251 demand for statement of names and residences of persons constituting firm, 2o4 notice of continuation of business by surviving partner, 420 of dissolution of partnership, 420 PASTURE claim in affidavit for use of, and eatage, 98 PEDIGREE declaration in support of, 234, 236 of searches for evidence in support of, 246-248 PETITION by widow of intestate bastard for estate devolving to Crown, 48j for obtaining a licence for a K.C. to defend a prisoner, 485 in bankruptcy by creditor, 482 for administration of estate of deceased debtor, 484 by debtor, 482 indorsement on creditor's petition in bankruptcy, 483, n. (r) for administration, 484, n. (h) notice to creditors as to winding-up company, 426 POLICY. See Assignment, Life Assurance. POOR LAW. See Married Woman. POSSESSION demand of a house, 261 of, at end of term of years, 263 of land, 261 pursuant to s. 213 of C. L. P. A., 1852 ..262 tenant's consent to continuance of, beyond period limited by statute, 267 POWER OF ATTORNEY affidavit of due execution, 493 certificate by notary of execution of, 178, 490 declaration of due execution, 488 for acting under Copyhold Acts, 493 lor executing a company's deed of settlement, 493 for general management and sale of property abroad, 492 for receiving a legacy abroad, 491 for use in foreign countries, 487 formalities connected with, 487, n. (s) mayor's jurat, 489 merchant's certificate, 490 notary's certificate, 490 586 INDEX. PREMIUM claim in affidavit for, 91 covenant in assignment of life policy, 124, n. (x) PROBATE ^ corrective affidavit as to stamp duty, 529 endorsement on, 277 oath for executor, 494 regulations as to personal application department, 494, n. (i) PROMISSORY NOTE by persons acting in fiduciary character, 497, n. (I) claims in affidavit by indorsee against maker, 96 indorser, 96 by payee against maker, 95 on a note payable by instalments, 96 interest on, 496, n. (d), 497, n. (k) payable at one time, 497 at sight, 497 by instalments, 497 on demand, 496 protest of, whece no notary public available, 505 receipt for debt due on, 510 to secure a floating balance, 498 PROPOSALS for mortgage of freehold estate, 499 of house, 500 and buildings, 501 of terms for repairs, 504 on applications for loan on mortgage — copyhold, 502 freehold, 502 leasehold, 503 lifehold, 503 with a view to a sale, 498 of reversionary interests, 498, n. (p) PROTEST of bill of exchange or promissory note where no notary public available, 505 on payment of money, 506 PROVIDENT SOCIETY acknowledgment of registry of, 3 bond by officer of, 172 declaration by officer accepting transfer of engagements, 219 notice of change of chief office of, 450, n. (c) of proceeding to set aside dissolution, 451 receipt to be indorsed on mortgage, 509 PUBLIC LIBRARIES form of voting-paper, 505 RECEIPT by sheriff for purchase money of goods seized, 509 by witness, 510 for consideration in mortgage deed, 509 for debt, 506 and costs, 507 discharged by bill of exchange, 510 due from deceased person, 509 on promissory note and balance of account, 510 secured by warrant of attorney, 511 INDEX. 58 ? RECEIPT— continued. for dividend in bankruptcy, 434 under deed of composition, 508 for interest, 508 for money payable under policy of assurance, 511 for notice of resolution appointing trustees of a society, 449 for rent, 507 for specific sum in satisfaction of order in bastardy, 51 J to be given by building society to revest estate in mortgagor, ,;08 to be indorsed on mortgage by friendly provident society, 509 RECEIVER beading for account, 287 RECOGNIZANCE acknowledgment of, 3 by surety as to cost of election petition, 276 question to be put by commissioner, 1, n. (a) RECONVEYANCE. See Mortgage. REGISTER. See Land Registry. _ . declaration as to births by an elder of a dissenting congregation, 241 of fire insurance, 515 of life insurances to be effected, 515 of mortgages, 513 of muniments, 514 REGISTRATION borough— (municipal) notice of claim, 460 of objection to be given overseers, 466 person objected to, 466 of withdrawal of objection, 467 reviving an objection, 469 of claim by liverymen in City of London, 470 of objection to parties inserted in list of livery, 471 to be given to secondaries and clerks of companies, 471 (parliamentary) declaration by voter as to his place of abode, 222 u of inability to read, 224 for correcting misdescription in occupiers' or old lodgers 1 list, 222 notice by voter of selection in the case of duplicate entries, 469 of claim by freemen to be given town clerk, 470 (and municipal) declaration for correcting misdescrip- tion on list, 222 notice of claim, 460 of objection to be given over- seers, 464 to be given to person objected to, 465 countv— occupation franchise— notice of claim in respect of, 459 J of objection to be given overseers, 468 person objected to, 466 of withdrawal of objection, 469 reviving an objection, 469 — ownership — notice of claim to overseers, 459 objection to overseers, 464 to persons objected to. 465 county or borough (parliamentary) notice of claim by lodger, 460-463 588 INDEX. REMOVAL OF JUDGMENT affidavit in support of application for removal of judgment or order, 516 RENT claim in affidavit for, 90 double rent, 07 notice by mortgagee to tenant not to pay, to mortgagor, 448 to bailiff of county court of landlord's claim, 436 to sheriff of amount due to landlord of execution debtor, 436 receipt for, 507 REPAIRS notice as to fences, 440 to lessee as to, preparatory to enforcing right of re-entry, 440 RESOLUTION at first meeting of creditors in bankruptcy, 411, n. (e) at second meeting of creditors of bankrupt, 517 notice of, appointing trustees to friendly society, 449 RESTRAINING ORDER affidavit for grounding, on stock, 518 notice of, to company, 421 RETAINER of solicitor by corporation, 519, n. (y) by defendant, 520 by plaintiff, 519, 520 REVIVAL by landlord and tenant of agreement avoided by bankruptcy or non-perform- tiiice. tj4\j REWARD notice of, for apprehension of depredators, 446 SALE authority to auctioneer to sell goods, 133 property, 131 conditions of. See Conditions of Sale. headings of handbills and particulars of, 284 notice by vendor to purchaser to complete purchase, 478 of, of a copyright, 471 SAVINGS BANK notice of claim upon sum invested, 422 SCHEDULE. See also Account, Inland Revenue, Legacy Duty, Estate Duty. of deeds comprised in an abstract of title, 523 of title deeds and undertaking, 521 SEARCH. See Official Search. SEISIN declaration of, 236 SETTLEMENT ESTATE DUTY. See also Account, Inland Revenue, Legacy Duty, Estate Duty. account for payment of, 394 SHERIFF affidavit on interpleader by, 296 in answer to, 298 bill of sale by, 157 notice to, of rent due to landlord of execution debtor, 436 receipt for price of goods sold under an execution, 157, n. (a), 509 INDEX. 589 SHIP OR SHARE OF SHIP bill of sale of, absolute, 162 by way of mortgage, 415 to secure current account, 416 transfer of, 416 conditions of sale of, 198 particulars of registration, 162 SOLICITOR notice by, to witnesses, 419 of change of, 419 retainer of, 519, 520 SPECIFIC PERFORMANCE notice before commencing action for, 478 SPORTING. See also Hares. notice by renter of rights of, not to trespass, 445 STAMPS corrective affidavit, as to duty on probate or letters of administration, 532 declaration as to alteration of date of deed previous to stamping, 526 for having deed stamped after return from abroad, 526 for procuring allowance on spoiled stamps, 527 to accompany memorial for having deed stamped without penalty, 525 memorial for having deed stamped without penalty, 524 STATEMENT OF AFFAIRS in bankruptcy, 144 STATUTORY DECLARATION. See Declaration. STAY OF PROCEEDINGS affidavit of consent to judge's order for, 537 consent to judge's order for, 208 terms of summons for, 208, n. (&) STEWARD appointment of, 110 heading for account, 287 STOCK affidavit for grounding restraining order^ on, 518 notice to company to stop transfer of, 421 SUCCESSION DUTY account of succession to personal property, 6b5 _ life interest in, 366 to real or leasehold property, 369 of subsequent instalments, 375 forms for, 245 SUMMONS general form, 537 originating general form, 538 not inter partes, 538 ex parte, 539 SURETY . affidavit by, verifying debt in bankruptcy, 14d of justification by, 83 recognizance by, as to costs of election petition, 276 SURNAME. See Change of Name. 590 INDEX. TENANT. See Landlord. TIMBER conditions of sale of, 199 TITHE claim in affidavit for tithe rent-charge, 101 TITLE-DEEDS acknowledgment and undertaking as to production and safe custody, 521, n. (n) declaration as to, on execution of mortgage, 250 demand of, 264 register of muniments, 514 special condition of sale relating to, 185 TRANSFER of charge on land, 323 of land in registered title, 312-316 TREES. See Timber. notice to cut when overhanging another's premises, 441 TRESPASS notice by owner of land not to, 444 by renter of rights of sporting not to, 445 not to, in garden or on buildings, 445 TRUSTEE affidavit in support of application to Court for appointment of, 115 appointment of new, of a settlement, 113 will, 114 authority to pay part of trust moneys to reversioner, 136 consent of, to act, 207 notice of appointment of new, of branch of friendly society, 449 of resolution appointing, to friendly society, 449 resignation of, in bankruptcy, 412, n. (/) short form of mortgage to, 414 » UMPIRE declaration by, 229 notice to arbitrators to appoint, 418 UNDERTAKING by lord of manor for production and safe custody, 521, n. (n) by mortgagee for ditto, ib. by trustee for ditto, ib. by vendor for ditto, ib. indorsed on abstract, 522, n. (o) statutory for production of documents, 8, 185, 186, 521, n. (o) to execute a reconveyance, 4 to pay a commission, 539 to release a debtor on payment of composition by instalments , 540 a part of mortgaged property, 5 USE AND OCCUPATION claim in affidavit for, 97 VALUATION of copyholds, 541 of freeholds, 541 of leaseholds, 542 of life policy, 542 of personal property, 543 INDEX. 591 VOTER declaration by parliamentary, as to his place of abode, 222 of inability to read, 224 for correcting misdescription in occupiers' or old lodgers' list, 222 in borough list, 223 VOTING PAPER form of, for municipal election, 268, n. (/) parliamentary election, ib. public libraries poll, 505 university election, 268, n. (/) WAGES claim in affidavit for, or salary, 99 WARRANT demand of copy from constable or gaoler, 263 WARRANT OF ATTORNEY affidavit of execution of, 547 defeazance on, 545 for securing payment of bills of exchange, 546 receipt for debt secured by, 511 to confess judgment, 544 WHARFAGE claim in affidavit for, and warehouse room, 98 WILL r . C)n affidavit by attesting witness as to alterations in, after execution, 549 before execution, 548 of due execution, 548 by executor as to plight and condition, 550 of execution of, by marksman, 550 attestation of, 127 by illiterate person — admission to probate, 550, n. (n) WINDFALLS notice to remove, 441 WINDOW notice to prevent obstruction of, 443 WITNESS affidavit by, attesting will, 548 allowances to, 291, n. (e) notice to, by solicitor, 419 receipt for expenses, 510 WORK statement in affidavit of cause of action for, 100 as an agent, 100 as an architect, 102 as a carrier, 104 as a coachmaker, 103 as a dancing-master, 103 as a factor, 104 as an insurance broker, 105 as a notary, 102 as a nurse, 104 as a schoolmaster, 103 as a shipwright, 103 as a solicitor, 101 as a surgeon and apothecary, 101 as an undertaker, 102 PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECCLES. AA 000 744 265 Q