J 41876-1945Supreme Court of Judicature: High Court of Justice, Chancery and Queen's Bench Divisions: Affidavits
This series consists mainly of affidavits of the Chancery Division of the High Court of Justice. They take the form of sworn written statements and were presented as evidence in judicial proceedings in that court. Also included are a number of affidavits of the Queen's Bench Division, dating from 1881 until 1895. Later affidavits were destroyed under a schedule of 5 December 1917.
Many of the affidavits are in common form dealing with such matters as the production of documents, service of writs, etc. The Chancery affidavits arise for the most part from disputes concerning the administration of estates and trusts of settlement. A number also relate to guardianship questions, tenancy agreements and similar proceedings. Those of the Queen's Bench arise mainly from actions concerning breach of contract, claims for damages, compensation for injuries, partnership disputes, commercial agreements and the recovery of debts. Sworn written statements given in actions or other judicial proceedings in the Supreme Court, drawn from the Chancery and Queen's Bench Divisions of the High Court of Justice.
Also included are affidavits of notices in lieu of distringas, which were issued to a bank or company to stop the transfer of stock by, or payment of a dividend to an unauthorized holder; the term 'distringas' being derived from the old latin name for a writ distraining someone.