the

(or at my dwelling house),

and shew cause, if he can, why an order for the adminis

tration of the personal estate of the said -Dated, &c.

NOTE. If the above named

should not be granted.

Judge in Equity.

do not attend either in person,

or by his solicitor, at the time and place above mentioned, such order will be made in his absence as the Judge may think just.

This summons was taken out by J. K., the solicitor for the above named

(J)

Execution against the body, &c. to enforce Order or Decree.

VICTORIA, &c.

To the Sheriff of

Whereas by a certain Order (or Decree) lately made in our Supreme Court in Equity in a certain cause there depending, wherein A. B. is plaintiff, and C. D. defendant, it was ordered (or decreed) that the said defendant should pay to the said plaintiff the sum of

, (or should convey to the said plaintiff, &c. a certain piece of land described as follows: or a certain ship or vessel called the or deliver certain property, as the case may be, describing it as in the Decree), as by the said Order (or Decree) remaining as of record in our said Court will more fully appear: Therefore we command you, that you take the said defendant, and him safely keep in your custody until the said sum of be paid to you for the said plaintiff, (or until the said land, or vessel, &c. be conveyed according to such Decree), and if the said defendant shall not within one month from such arrest, make the conveyance aforesaid, you are hereby commanded to take and give possession of [such land, vessel or property,] to the said plaintiff; and make return hereof when fully executed.

Witness The Hon. J. C. A., Chief Justice, at Fredericton, the

day of

A. D. 187

[day of issuing.]

CARMAN.

(K)

Execution against Goods and Chattels.

VICTORIA, &C.

To the Sheriff of

Whereas &c. [as in the last preceding Form to asterisk*]: Therefore we command you, that of the goods and chattels, lands and tenements of the said defendant, you cause to be made the sum of

for the

said plaintiff, and make return hereof when fully executed.-Witness, &c. [as before in last Form.)

(L)

CARMAN.

VICTORIA, &c.

To the Sheriff of

Writ of Possessum, &c.

Whereas by a certain decree (or Order) lately made in our Supreme Court in Equity, in a certain cause there depending, wherein A. B. is plaintiff and C. D. defendant, it was decreed (or ordered) [here insert such part of decree or order, or proceedings thereunder, as it may be sought to have carried out,] as by the said decree (or order) remaining as of record in our said Court, or the proceedings thereunder, will more fully appear;

Therefore we command you, that without delay you cause the said to have possession of the said lands and tenements aforesaid decreed, (allotted or conveyed, as the case may be) to him (or them) as aforesaid, with the appurtenances; and in what manner you shall have executed this our Writ, make appear to us in our said Court, at Fredericton, within days from the date hereof, and have you then

there this Writ.-Witness day of

Chief Justice, at Fredericton, the , [day of issuing.]

The Supreme Court

In Equity.

Memorial.

A. B. Plaintiff, and
C. D. Defendant.

This is to certify that by a decree of this Court bearing date the day of in the year one thousand eight hundred and

it was ordered that the said defendant should be absolutely barred and foreclosed from all right and equity of redemption in and to the following described lands, [describe the lands as set forth in the Bill, being the land mentioned in the said plaintiff's bill.-Given under my hand and the Seal of the said Court this day of

The Supreme Court

In Equity.

(N)

Order for Examination.

In the matter of (A. B.) of

in the County of

an alleged habitual drunkard.

Whereas a petition has this day been presented to me by

a relative (or as the case may be), of the above named A. B., alleging that he is an habitual drunkard, squandering his property, and incapable of managing his affairs, (or as the case may be,) and praying that the matters of the said petition may be examined into, I do therefore hereby order that the said A. B. to attend me at my Chambers in day of next, (or instant), o'clock in the morning, (or as the case may be,) that the matters contained in the said petition may be inquired into, and such order made concerning the same as the evidence then given shall war rant.- Dated A. D. 187

at

on

the

Solicitor to the Petitioner.

J. C. A., Judge of the Sup. Court.

N. B. If the Judge shall order the evidence to be taken before a County Court Judge, the above form may be altered as follows, commencing at the asterisk*:-The Honorable Charles Watters, Judge of the County Court of King's (as the case may be,) at such time and place as he may for that purpose appoint hereon, before whom the parties are to produce their witnesses, and the said Judge is to return the evidence taken by him duly certified, with this order, to me on or before the o'clock, at my at which time and place I will hear the parties and make such order in the matter as the evidence shall warrant.— Dated

Chambers in

day of

, A. D. 187

next, at

day of

A. D.

a petition

was presented to me, the Honorable

Court sitting in Equity, on the part of

above named A. B. was an habitual drunkard, and possessed or entitled to property, and praying that the said A. B. be declared an habitual

drunkard; and whereas on the hearing of the said petition a declaratory order was made, and application has been made to me for the appointment of a Committee to the said A. B.'s estate, I do therefore hereby in pursuance of the power and authority in me vested, nominate and appoint [here describe names and additions of Committee] to be the Committee of the estate of the said A. B., such habitual drunkard as aforesaid, and I do hereby direct that such Committee, before they in any way intermeddle with such estate, give security by bond as by law required, in the penal sum of sureties, [as the Judge may direct,] and that such sureties and their sufficiency be approved of by Barrister at Law, before whom such bond is to be given, who is to endorse hereon a certificate when such bond shall have been given.-Dated this

187 .

dollars, with

day of

A. D. J. C. A., Judge of Sup. Court.

MEMO. OF BARRISTER.

I,

the Barrister named in the above order, do hereby certify that the Committee therein named have given the security thereby required, and that are the names and additions of the sureties, and that I have approved of such bond and sureties.-Dated this

day of

, A. D. 187.

A. B. C., Barrister.

(P) Bond.

Know all men by these presents, that we (A. B.) [here describe names and additions of Committee and sureties] are jointly and severally held and firmly bound unto (C. D.) [here describe the name and addition of the habitual drunkard], in the sum of

lawful money of Canada, to be paid to the said C. D. or his certain attorney, executors, and administrators; for which payment well and truly to be made, we do hereby bind ourselves, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. day of in the year of our Lord one thousand eight hundred and seventy

Dated the

Whereas a petition was presented by

to the Honorable

one of the Justices of the Supreme Court sitting in Equity, alleging that the above named C. D. was an habitual drunkard; and whereas on the matters of such petition being heard, a declaratory order was made under the provisions of the Law relating to Habitual Drunkards' estates; and whereas the above bounden [names of Committee] have by an order of the Honorable Mr. Justice made in the

said matter, been appointed the Committee of the said C. D.'s estate, and the above bounden [names of sureties] have been accepted as sureties for the said Committee, and have agreed to become such sureties;

Now, therefore, the condition of the above obligation is such, that if the said Committee as aforesaid, shall well and truly in all things discharge their duties as such Committee, and well and truly obey and perform all orders and directions of the Supreme Court in Equity, or any Judge thereof, made touching the said C. D., or the sale, management or care of his estate, then this obligation to be void, otherwise of full force and effect.

Sealed and delivered in presence of

INDORSEMENT BY BARRISTER.

I, [name of Barrister], the Barrister named in the order appointing a Committee, do hereby certify that I have approved, and do hereby in the terms of the said order approve of the within bond and the sureties therein named and their sufficiency.--Dated

A. D. 187.

day of

The same as form (N) to the end, and then proceed as follows:— And I do hereby order and direct the said A. B., his attorneys and agents, and every of them, on pain of fine and imprisonment, until order be made to the contrary, not to make, execute or deliver any conveyance or assignment of his property, real or personal, or make any contract or engagement of or concerning the same, or any part thereof, in any way, or to intermeddle or deal with such property in any way or manner whatever; and I do hereby also order and direct all Registrars and Deputy Registrars of Deeds, on pain of fine and imprisonment, until order shall be made to the contrary, not to register or receive for registry in their several offices any conveyance or assignment executed by the said A. B. of any real or personal estate.-Dated 187

A. D.

alleged [if made at the time of making the declaratory order or afterwards, omit the word alleged'] habitual drunkard.

Whereas a petition in this matter was presented to me on the

day of

on behalf of

the petitioner; and whereas on