SECTION 12.

Affidavit of Justification.

In the Q. B. [C. P. or Exch. of Pleas.]

Between A. B. plaintiff, and C. D. defendant.

,

street

, in the

bail for

the defendant in this cause, severally make oath and say, and first this deponent R. R. for himself saith that he is a housekeeper [or freeholder,] residing at No. aforesaid, that he is worth the sum of £ [double the amount sworn to by plaintiff,] over and above what will pay all his just debts [if he be bail in any other action add, "and every other sum for which he is now bail,"]; that he is not bail for any defendant except in this action; [or if he be bail in any other action add, "except for W. W., at the suit of T. T., in the Court of

,

,

in the sum of £

N., in the Court of

for P. P., at

,

,

in the sum

fand

the suit of N. of £ and so on]; that this deponent's property, to the amount of the said sum of £ if he be bail in any other action or actions add, "and of all other sums for which he is now bail as aforesaid," consists of [here specify the nature and value of the property in respect of which the bail proposes to justify as follows:-stock in trade in his business of carried on by him at the value of £ ; of good book debts owing to him, to the amount of £ ; of furniture in his house at

,

of the value of

house of the value of

occupied by

of

; of a free

; or of a dwellsituate at

,

; if it be other property, particularize each description of property, and state the value of it;] and that this deponent hath for the last six months resided at [if the deponent have had more residences than one during these six months,

they must all be described.] And this deponent, S. S., for himself saith, &c. [this part of the affidavit will be similar to the former.]

The above-named deponents, R. R. and S. S., were sworn at aforeday of

said, the

Before me,

R. R.

S. S.

1845.

L. M., a Commissioner for taking special bail in the said Court.

Another Form, but seldom used.

In the Q. B. [C. P. or Exch. of Pleas.]

Between A. B. plaintiff, and C. D. defendant. and S. S., of

R. R., of bail in this cause for the above-named defendant, severally make oath and say, and first this deponent R. R. for himself saith, that he is a housekeeper [or freeholder] residing at aforesaid, and that he this deponent is worth the sum of pounds, over and above what will pay his just debts, and over and above every other sum for which he is now bail; and this deponent S. S. for himself saith, that he is a housekeeper [or freeholder] residing at aforesaid, and that he this deponent is worth the sum of pounds over and above what will pay his just debts, and over and above every other sum for which he is now bail.

The above, &c. [as in last form.]

}

R. R.

S. S.

[N. B. The sum to be sworn to by each of the bail is double the amount indorsed for bail on the writ of capias.]

(Vide p. 69.)

SECTION 13.

Affidavit of the due taking of the Recognizance. In the Q. B. [C. P. or Exch. of Pleas.]

Between A. B. plaintiff, and C. D. defendant.

J. R.,

of

,

maketh oath and saith,

that the recognizance of bail or bail-piece hereunto annexed was duly acknowledged by R. R., of

and S. S., of

named, before L. M., the commissioner who took the same, in this deponent's presence, the

day

J. R.

W. R. a Commissioner, &c. (Vide p. 70.)

SECTION 14.

Affidavit by Bail to stay Proceedings on Attachment against the Sheriff.

In the Q. B. [C. P. or Exch. of Pleas.]

The King against the Sheriff of

In a cause of A. B. against C. D.

and S. S. of •

,

shire.

R. R. of severally make oath and say, that C. D., the above-named defendant, was, on or about the last, arrested in this

duly executed a bailin this action, and the

action at the suit of the above-named plaintiff, and that these deponents, together with the said C. D., after the said arrest on bond to the sheriff of said C. D. was thereupon discharged out of custody. And these deponents further say that special bail hath since been put in in this action, for the abovenamed defendant, and which said bail hath been duly perfected. *And these deponents further say, that on last an attachment issued out of this Honourable Court against the said sheriff of for not having obeyed the rule to bring in the body of the said C. D., as these deponents have heard and verily believe. And these deponents further say, that this application is really and truly made on the part of these deponents, as bail for the said C. D.,

at their own expense and for their indemnity only, and without collusion with the said C. D., the abovenamed defendant. Sworn, &c. (ante, p. 226.)

R. RO
S. S.

[Or where the defendant has been rendered, then, instead of stating that bail has been put in and justified as above, state the render thus:] "And these deponents further say, that bail above hath since been put in in this action for the said defendant, and the said defendant hath, on last, been duly rendered in discharge of his said bail in this action at the suit of the above-named plaintiff. *And these deponents further say," [&c. &c. as above.]

Affidavit to stay Proceedings on the Bail-bond. In the Q. B. [C. P. or Exch. of Pleas.]

Between A. B. plaintiff, and C. D. defendant. [This affidavit will be the same as the preceding, with the exception of the difference in the title, and the following passage must be substituted for that between the asterisks.] And these deponents further say, that the said A. B., the above-named plaintiff, on or about the day of took an assignment of the said bail-bond, as these deponents have heard and verily believe, and hath since commenced an action upon the same against these deponents. [This affidavit will conclude in the same way as the former.] (Vide p. 72.)

,

SECTION 15.

Notice of Render by Defendant.

In the Q. B. [C. P. or Exch. of Pleas.]

Between A. B. plaintiff, and C. D. defendant. Take notice, That C. D., the above-named defen

dant, did, on the

day of

duly render

himself in discharge of his bail in this action, to the common gaol of the county of

pursuant to an order of the Honourable Mr. Justice [or Mr. Baron] bearing date the day of and that the said order hath been duly lodged with the gaoler of the said gaol, and that the said defendant is now actually in custody of such gaoler, by virtue of the said order.

Dated the

day of

1845.

,

Defendant's attorney.

E. F.

Affidavit of Render and Notice.

In the Q. B. [C. P. or Exch. of Pleas.]

Between A. B. plaintiff, and C. D. defendant.

و

E. F., of maketh oath and saith, that C. D., the above-named defendant, did, on the

2

1

day of

render himself in discharge of his bail in this action, to the common gaol of the county of pursuant to an order of the Honourable Mr. Justice

[or Mr. Baron] , bearing date the day of that the said order was duly lodged with the gaoler of the said gaol, and that the said defendant is now actually in custody of such gaoler, by virtue of the said order. And this deponent further saith, that he did, on the day of serve Mr. G. H., the attorney for the plaintiff in this cause, with a true copy of the notice hereunto annexed, by delivering the same to, and leaving it with a clerk of the said G. H., at his office in in the county of

Sworn, &c. (ante, p. 226.)

,

(Vide p. 74.)

E. F.