Supreme Court of Judicature: High Court of Justice, Chancery and Queen's Bench Divisions: Affidavits

Details of J 4
Reference:J 4
Title:
Supreme Court of Judicature: High Court of Justice, Chancery and Queen's Bench Divisions: Affidavits
Description:

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.

Date: 1876-1945
Arrangement:

The affidavits are arranged alphabetically within years, under the first letter of the name of the party concerned, apart from affidavits of notices in lieu of distringas, which are listed separately at the end of each year from 1895 until 1937.

Related Material: Among series of records which may contain material supplementing the Queen's Bench Division affidavits in this series are cause books, which include the date and nature of the judgment, to be found in IND 1/2350-3901
Held by: The National Archives, Kew
Legal status: Public Record
Language: English
Creator: Supreme Court of Judicature, Common Pleas Division, 1875-1880
Supreme Court of Judicature, Exchequer Division, 1875-1880
Supreme Court of Judicature, Kings Bench Division, 1901-1952
Supreme Court of Judicature, Queens Bench Division, 1875-1901
Physical description: 11486 bundles and files
Restriction on use: 3 working days notice to produce

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