No. XXXIII. No. XXXIII. Affidavit of Enlargement of Time. Obs. An affidavit verifying the fact that the arbitrator has enlarged the time, according to the power given to him, and also that the defendant had notice of such enlargement, is necessary to ground an attachment upon for nonfulfilment of the award, Davis v. Vass, 15 E. 97. In the Q. B. &c. (see last precedent.) A. B. of &c. maketh oath and saith, that the time for making the award hereunto annexed was duly enlarged to the day of last, as appears by an indorsement on the sd demanding payment of the sum of £ Sworn &c. No. XXXIV. Articles of Clerkship, (Execution). No. XXXIV. Affidavit of the Execution of Articles of Clerkship. Obs. 1. This affidavit must be made by one of the subscribing witnesses, and sworn before a judge of that court of which the attorney is admitted, within three months after the execution of the articles. There is the like restriction as to time on the assignment of articles. See Dig. p. ii. ATTORNIES; p. iii. tit. SOLICITORS. 2. As to affidavits in judicial proceedings, see Pref. s. 6. A. B. of &c. maketh oath and saith That he this dept did see H. H. gent. one of the atties of her Maj. Ct of Q. B. (or "C. P.") at Westminster, and T. F. of &c. severally sign and seal as their several acts and deeds in due form of law and deliver certain articles of agrt indented bearing date the day of last past and made betn the sd H. H. of the one pt and the sd T. F. of the or. pt whby it was agrd that the sd T. F. shd well and truly serve the sd H. H. as his clk in the business pro No. XXXIV. Articles of fession and practice of an atty of her Maj. Ct of Q. B. (or "C. P.") at Westminster, for and during the term of five yrs commencing from the day of the date of the sd in pt recited (Execution). articles of agrt or clkship. And the same articles of agrt or clkship were duly exted by them the sd pties on the same day and year on which they bear date. And this dept furr saith that the names of H. H. and T. F. set and subscribed opposite to the several seals affixed to the sd in pt recited articles of clkship are of the several and respective handwriting of the sd H. H. and T. F. and that the name J. K. thereto set and subscribed as one of the subscribing witnesses to the execution of the sd articles of clkship is the proper handwriting of him the sd J. K. and that the other name A. B. thereto set and subscribed as the other subscribing witness to the execution thereof is the proper handwriting of him this deponent. Sworn &c. No. XXXV. Of Assignment of Articles of Clerkship. Obs. As to the assignment of articles, see preceding Affidavit, and also APPRENTICESHIP; and as to affidavits, see Pref. s. 3. A. B. &c. maketh oath &c. That he did see I. I. one of the atties &c. K. L. of &c. and M. N. one or. of the atties of her Maj. &c. severally sign seal and as their several acts and deeds in due form of law deliver a certain deed or instmt in writing bearing date &c. and indorsed upon certain articles of agrt bearing date &c. (here recite shortly the substance of the articles) by which said deed or instmt the said I. I. and K. L. did vacate and make void the articles of agrt or clkshp. And the sd I. I. did assign and turn over the sd K. L. to the sd M. N. to serve him as his clk during the remr of the afd term of five yrs and the sd M. N. did thby agree to take him as his clk during the remr of the sd term and that the same deed or instmt was duly exted by the sd I. I. K. L. and M. N. on the same day and yr on which it bears date. And this dept furr saith that the names &c. (as above). Sworn &c. No. XXXV. Articles (Assignment). No. XXXVI. Articles (Service under). No. XXXVI. Of Service under Articles. Obs. As to affidavits, see Pref. s. 1; and as to Quakers, see first Affidavit, No. XXIX. A. B. of &c. gent maketh oath and saith That he hath really and truly served and been employed by C. D. of &c. gent. as his clk in the practice of an attorney and solicitor for the full term of five years pursuant to the articles hereunto annexed. And this deponent further saith That he did previous to last term affix the name and place of abode of him this dept and also the name and place of abode of the said C. D. his master in the Queen's Bench Office and on the outside of the Court of Q. B. in Westminster, and that he did also previous to the same term likewise enter the name and place of abode of the sd A. B. in the book kept for that purpose at the chambers of each of the judges of her Maj. Ct of Q. B. No. XXXVII. Sworn &c. No. XXXVII. Certificate (verifying). Affidavit verifying Certificate of Acknowledgment made by a Contents of the affidavit. Married Woman. Obs. 1. By R. G. H. T. 4 W. 4, 1834, revoking and amending the Rules of Michaelmas Term, 1833, the following affidavit, except where the acknowledgment is taken elsewhere than in England, Wales, or Berwick-upon-Tweed, is directed to be made by some practising attorney or solicitor of one of the Courts at Westminster, or of one of the Counties Palatine of Lancaster or Durham, and in all cases it shall be deposed, in addition to the verification of the said certificate, that the deponent (or if more than one person join in the affidavit, that one or more of the deponents) knew the person or persons making such acknowledgment, and that at the time of making such acknowledgment the person or persons making the same were of full age and competent understanding; and that one at least of the commissioners taking such acknowledgment, to the best of his knowledge and belief, is not in any manner interested in the transaction giving occasion for the taking such acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent, so interested or concerned; and that the names and residences of the said commissioners, and also the place or places where such acknowledgment or acknowledgments are taken, shall be set forth in such affidavit; and that previously to such acknowledgment being taken, the deponent had inquired of such married woman (or if more than one, of each such married woman) whether she intended to give up her interest in the estate to be passed, and also the answer given thereto; and where any such married woman, in answer to such inquiry, declares that she intends to give up her interest without any provision, the deponent shall state that he has no reason to doubt the truth of such declaration, and verily believes the same to be true. And where any provisions has been agreed to be made, the deponent shall state that the same has been made by deed or writing, or if not actually made before, that the terms of the intended provision have been reduced into writing; which deed or writing he verily believes has been produced to the said judge (master, or commissioners). No. XXXVII. (verifying). 2. AND IT IS HEREBY FURTHER ORDERED, that every affidavit shall Affidavit must state the parish or parishes, or place or several places, and the county state parish or place, and or counties, in which the several premises, wherein any such married county. woman appears to be interested, shall by deed be described to be situate 3. AND IT IS HEREBY FURTHER ORDERED, that the affidavit shall Form of affibe in the form hereunto annexed, subject to such variations as the davit. circumstances of the case render necessary, or such affidavit may be made, where it is found convenient, by one of the said commissioners, with such variations in the form thereof as shall be necessary in that behalf. 4. Affidavits of this description require to be stamped, being made Stamp. in no suit, Ex parte Branson, 4 Scott, 539; see Gen. Obs. supra. In the Common Pleas A. B. (a) of &c. in the co. of gent. one of the attornies or solicitors of &c. maketh oath and saith that he knows M. the wife of R. L. (b) in the certificate hereunto annexed mentd and of (a) Where more than one join in the affidavit, "A. B. of &c. in the county (here state trade, profession, or calling), and C. D. of , in the county of gent. one of the attornies (or "solicitors") of the Court of severally make oath and say, and first this deponent A. B. for himself maketh oath and saith, that he knows M. the wife of R. L." As to the form in the case of Quakers, &c. see ante, No. XXIX. n. (a). (b) If more than one married woman, "and L. the wife of R. S." Certificate No. XXXVII. that the acknowledgment therein mentd was made by the sd (verifying). M. L. and the certificate signed by the judge (or "master" or "A. B. and C. D. the commissioners in the sd certificate mentd") on the day and in the year therein mentd at in the county of in the presence of this deponent, and that at the time of making such acknowledgment the sd M. L. was of full age and competent understanding and that the sd M. L. knew that the acknowledgment was intended to pass her estate in the preses respecting which such acknowledgment was made (a) And this deponent furr saith that previous to the sd M. L. () making the sd acknowledgment he this deponent inquired of the sd M. L. whether she intended to give up her int in the estes in respect of which such acknowledgment was taken witht having any provision made for her in lieu of or in return for or in consequence of her so giving up her int in such estes. And that in answer to such inquiry the sd (c) M. L. decld that she did intend to give up her int in the sd estes witht having any provision made for or in consequence of her giving up such int of which declaration of the sd M. L. (d) the sd deponent has no reason to doubt the truth and verily believes the same to be true (e) And lastly this deponent saith that it appears by the deed acknowledged by the sd M. L. that the preses wherein she is stated to be interested are described to be in the parish or place (or "parishes or places") of in the county (or counties) of &c (as the case may be) (a) When the acknowledgment is not taken by a judge or master, add “ And this deponent furr saith that to the best of his deponent's knowledge and belief neither of the sd commissioners is (or 'the sd A. B.' or 'the sd C. D. is not') in any manner interested in the transaction giving occasion for such acknowledgment or concerned therein as attorney solicitor or agent or as clerk to any attorney solicitor or agent so interested or concerned." (b) If more than one married woman, say "the sd M. L. or L. S. making this acknowledgment he this deponent inquired of each of them the sd M. and L. whether she &c." (c) Or" each of them the sd M. L. and L. S. declared" &c. (d) Or "of each of them the sd M. L. and L. S." (e) Or "decld that a provision was to be made for her in consequence of her giving up her int in such estes And this deponent furr saith that before her acknowledgment was so taken he was satisfied and does now verily believe that such provision has been made by deed or writing (or that the terms thereof have been reduced into writing') And that such deed or writing has been produced to the sd Judge (or 'Master' or 'Commissioners')." |