Affidavit for Attachment.

(If made after suit commenced, insert style of Court and

I, A. B., of the

cause.)

in the County of

, (or I, E. F., of, &c., agent for the said A. B., of, &c.,)

make oath and say :

of

1st. That C. D., of (or late of)

in the County

is justly and truly indebted to me, (or to the

said A. B.) in the sum of

dollars and

dollars and

cents

on a prommissory note for the payment of cents, made by the said C. D., payable to me (or the said A. B.) at a day now past;

Or for goods sold and

delivered

Or for goods bargained and sold.

Or for crops bargained and sold

Or for money lent

Or for money paid for

the said C. D.

by me (or the said A. B.) to the said C. D.;

Or for and in respect of my (or the said A. B.) having relinquished and given up to and in favor of the said C. D., at his request, the benefit and advantage of work done and materials found and provided and moneys expended by me (or the said A. B.) in and about the farming, sowing, cultivating and improving of certain land and premises;

Or for the use by the said C. D., by my permission (or by the permission of the said A. B.) of messuages and lands of me (or the said A. B.);

Or for the use by the said C. D. of pasture land of me (or the said A. B.) and the eatage of the grass and herbage thereon, by the permission of me (or the said A. B.);

Or for the wharfage and warehouse room of goods deposited, stowed and kept by me (or the said A. B.) in and upon a wharf, warehouse and premises of me (or the said A. B.) for the said C. D., at his request;

Or for horse-meat, stabling, care and attendance provided and bestowed by me (or the said A. B.) in feeding and keeping horses for the said C. D., at his request; or for work done and materials provided by me (or the said A. B.) for the said C. D., at his request;

Or for expenses necessarily incurred by me (or the said A. B.) in attending as a witness for the said C. D., at his request, to give evidence upon the trial of an action at law then depending in the Court, wherein the said C. D. was plaintiff,

and one E. F. defendant;

Or for money received by the said C. D. for my use (or for the use of the said A. B.);

Or for money found to be due from the said C. D. to me, (or to the said A. B.) on an account stated between them, (or other cause of action, stating the same in ordinary and concise language.)

2nd. I further say that I have good reason to believe and do verily believe that the said C. D. hath absconded from that part of the Dominion of Canada which heretofore constituted the Province of Canada, leaving personal property liable to

seizure under execution for debt in the County of in this Province.*

(Or instead of matter between the asterisks, the said C. D. hath attempted to remove his personal property, liable to seizure under execution for debt, out of this Province; or the said C. D. hath attempted to remove his personal property liable to seizure under execution for debt from the County of to the County of in this Province; or the said C. D. keeps concealed in the County of in this Province to avoid service of process) with intent and design to defraud me (or the said A. B.) of my (or his) said debt.

3rd. That this affidavit is not made by me nor the process thereon to be issued from any vexatious or malicious motive whatever.

Sworn, &c.

A. B.

Replevin.

Affidavit to obtain Judge's order for writ of replevin.

Division Court in the County of

In the

County of

, to wit: I A. B., of

and say:

make oath

1st. That I am the owner of (describe property fully) at present in the possession of C. D.; or that I am entitled to the immediate possession of (describe property), as lessee, (bailee, or agent,) of E. F., the owner thereof (or as trustee for E. F.) (or as the case may be), at present in the possession of C. D.

2nd. That the said goods, chattels, and personal

property are of the value of exceeding $40.

dollars and not

3rd. That on or about the day of the said goods, chattels, and personal property, were lent to the said C. D., for a period which has expired, and that although the said goods, chattels and personal property have been demanded from the said C. D., he wrongfully withholds and detains the same from me, the said A. B.; or, that on or about the day of the said C. D., fraudulently obtained possession of the said goods, chattels and personal property, by falsely representing that (here state the false representation), and now wrongfully witholds and detains the same from me; or, that the said goods, chattels and personal property were on the day of last, distrained or taken by the said C. D., under color of a distress for rent, alleged to be due by me, to one E. F., when in fact no rent was due by me to the said E. F., (or as the case may be, setting out the facts of the wrongful taking or detention complained of with certainty and precision.)

4th. That the said C. D. resides (or carries on business, at within the limits of the

Division Court in the County of

, (or that the said goods, chattels and personal property were distrained), (or taken and detained), (or detained), within the limits of the

at

Court of the County of

Division

Sworn, &c.

A. B.