Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN rtEHORY OF JUDGE DOUGLASS BOARDMAN FIRST DEAN OF THE SCHOOL By his Wjfe and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library KD 7330.A2 1886 Rules :English courts 1886-1887. 3 1924 021 862 887 y Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021862887 LAW JOURNAL EEPOETS, 1886. SUPREME COURT OF JUDICATURE. CEOWN OFFICE BULES, 1886. The following Orders and Rules may be cited as the Crown Office Rules, 1886. They shall come into operation on the 28th day of April, 1886, and shall also apply, so far as may be practicable (unless otherwise expressly provided), to all proceedings taken on or after that day in all matters then pending. 1. All existing rules or practice on the Crown side inconsistent with these Rules are hereby repealed, and the following Rules shall henceforth be in force. 2. No order or rule annulled by any former order shall be revived by any of these Rules, unless expressly so declared, and where no other provision is made by these Rules, the present procedure and practice remain in force. Custody of Records. 3. The Queen's Coroner and Attorney, and the master of the Crown Office, Queen's Bench Division, shall have the care and custody of the records and other proceedings on the Crown side. Date op Proceedings. -4. Every order and other proceeding on the Crown side shall be dated of the day of the week, month, and year on which, the same was made, unless, the Court or a Judge shall otherwise direct, and shall take effect accordingly. Affidavits. 5. Order XXXVIII. (affidavits) of the Rules of the Supreme Court, 1883, shall, as Vol. 55.— Orders and Utiles. far as it is applicable, apply to all civil pro- ceedings on the Crown side. The following Rules shall apply to all pro- ceedings "on the Crown side : — 6. Upon any motion or summons evidence may be given by affidavit ; but the Court or a Judge may, on the application of either party, order the attendance for 'cross-examina- tion of the person making any such affidavit. 7. Affidavits used on the Crown side shall be intituled "In the High Court of Justice, Queen's Bench Division." 8. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted. The costs of every affidavit which shall unneces- sarily set forth matters of hearsay, or argu- mentative matter, or copies of or extracts from documents, shall be paid by the party filing the same. 9. Affidavits sworn in England shall be sworn before a Judge, district registrar, commissioner to administer oaths, first or second class clerk in the Crown Office De- partment, or officer empowered under the Rules of the Supreme Court to administer oaths. 10. Every commissioner to administer oaths shall express the time when, and the place where, he shall take any affidavit or recognisance ; otherwise the same shall not be admitted to be filed without the leave of the Court or a Judge ; and every such com- missioner shall express the time when, and the place where, he shall do any other act incident to his office. SUPREME COURT OF JUDICATURE. [Law J. 11. All affidavits, declarations, affirmations, and attestations of honour in causes or matters depending on the Crown side may be sworn and taken in Scotland or Ireland or the Channel Islands, or in any colony, island, plantation, or place under the dominion of her Majesty in foreign parts, before any Judge, Court, notary public, or person law- fully authorised to administer oaths in such country, colony, island, plantation, or place respectively, or before any of her Majesty's consuls or vice-consuls in any foreign parts out of her Majesty's dominions ; and the Judges and other officers of the High Court shall take judicial notice of the seal or sig- nature, as the case may be, of any such Court, Judge, notary public, person, consul, or vice-consul, attached, appended, or sub- scribed to any such affidavits, affirmations, attestations of honour, declarations, or to any other document. 12. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. Every affidavit shall be written or printed bookwise. No costs shall be al- lowed for any affidavit or part of an affidavit substantially departing from this rule. 13. Every affidavit shall state the descrip- tion and true place of abode of the deponent. 14. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the "above- named" deponents. 15. Every affidavit used on the Crown side shall be filed in the Crown Office Department of the Central Office. There shall be indorsed on every affidavit a note shewing on whose behalf it is filed, and no affidavit shall be filed or used without such note, unless the Court or a Judge shall otherwise direct. 16. The Court or a Judge may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between solicitor and client. 17. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure shall, without leave of the Court or a Judge, be read or made use of in any matter depending, in Court unless the inter- lineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, or if taken at the Crown Office Department, either by his initials or by the stamp of that office, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re- written and signed or initialed in the margin of the affidavit by the officer taking it. 18. Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to under- stand it, and that the deponent made his signature in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court or a Judge is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. 19. The Court or a Judge may receive any affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by misdescription of parties or other- wise in the title or jurat, or any other irre- gularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. 20. In cases in which by the present prac- tice an original affidavit is allowed to be used, it shall before it is used be stamped with a proper filing stamp, and shall at the time when it is used be delivered to and left with the proper officer in Court or in chambers, who shall send it to be filed. An office copy of an affidavit may in all cases in which a copy is admissible be used, the original affi- davit having been previously filed, and the copy duly authenticated with the seal of the office. 21. No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent or correspondent of such solicitor, or before the party himself. 22. Any affidavit which would be insuffi- cient if sworn before the solicitor himself shall be insufficient if sworn before his clerk or partner. 23. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court or a Judge. 24. Except by leave of the Court or a Jiidge, no order made ex parte in Court founded on any affidavit shall be of any force, unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at the time of making the motion. 25. Upon motions founded upon affidavits, either party may apply to the Court or a Judge for leave to make additional affidavits upon any new matter arising out of the affi- Vol. 55.] ORDERS AND RULES. davits of the opposite party ; but no addi- tional affidavits shall be used except such leave shall have been first obtained. 26. No person shall be allowed to shew cause against an order nisi, unless. he shall have previously obtained office copies of such order and of the affidavits upon which it was granted. 27. Affidavits of service shall state when, where, and how and by whom, such service was effected. \ Certiorari. 28. Every application for a writ of cer- tiorari, or for an order to remove an indict- ment found at the assizes into the Queen's Bench Division, at the instance of any person other than the Attorney-General on behalf of the Crown, shall, during the sittings, be made to a Divisional Court of the said Divi- sion by motion for an order nisi to shew cause, and in the vacation, or when there is no sitting of a Divisional Court, to a Judge at chambers for a summons to shew cause : Provided that where, from special circum- stances, the Court or a Judge may be of opinion that the writ should issue forthwith, the order may- be made absolute, or an order be made in the first instance, either ex parte or otherwise, as the Court or Judge may direct. 29. No indictment, except indictments against bodies corporate," not authorised to appear by solicitor in the Court in which the indictment is preferred, shall be removed into the Queen's Bench Division either at the instance of the prosecutor or of the de- fendant (other than the Attorney-General acting on behalf of the Crown), unless it be made to appear to the Court or a Judge by the party applying that a fair and impartial trial of the case cannot be had in the Court below, or that some question of law of more than usual difficulty and importance is likely to arise upon the trial, or that a view of the premises in respect whereof any indictment is preferred, or a special jury, may be re- quired for a satisfactory trial of the same. 30. No writ of certiorari for the removal of an indictment, or order to remove an in- dictment found at the assizes, shall be allowed by the Court to whom it may be directed, unless the person (other than the Attorney-General acting on behalf of the Crown and the prosecutor of an indictment against a body corporate) at whose instance it has been issued shall have entered into a recognisance by himself, if he is the prosecu- tor, with sufficient sureties, conditioned on the return of such writ to make up the record, and give notice of trial and proceed to trial of the indictment at the next assizes to be held for th! county wherein the indict- ment was found, or if in London or Middle- . sex forthwith at the sittings of the High Court of Justice, -and to pay the costs of the defendant subsequent to the removal of the indictment, if he be acquitted ; and if the party removing is the defendant, until he shall have entered into a recognisance with sufficient sureties conditioned to appear and * plead (and in cases of felony in open Court) to the said indictment, and give notice of trial, and proceed to trial of the indictment at the next assizes to be held for the county wherein the indictment was found, or if in London or Middlesex forthwith at the sit- tings of the High Court of Justice, and personally to appear from day to day at the trial of such indictment, and if necessary in the Queen's Bench Division of the High Court of Justice, and not depart till he shall be discharged by the Court, and to pay the costs of the prosecution subsequent to the removal of the indictment, if the defendant or any of the defendants, if more than one, be convicted. 31. If the person at whose instance any . writ of certiorari for the removal of an in- dictment, or order to remove an indictment found at the assizes, shall have been awarded, shall not before the allowance thereof enter into a properly conditioned recognisance, the Court to which such writ- or order may be directed shall proceed to the trial of the indictment, as if such writ or order had not been awarded. 32. All recognisances to be entered into for the allowance of any writ of certiorari, or order to remove an indictment found at the assizes, or any writ of certiorari for the removal of any order, conviction, inquisition, or other proceeding removed thereby, shall be certified into the Queen's Bench Division with the writ of certiorari or order of re- moval. 33. No writ of certiorari shall be granted, issued, or allowed to remove any judgment, order, conviction, or other proceeding had or made by or before any justice or justices of the peace of any county, city, borough, town corporate, or liberty, or the respective general or quarter sessions thereof, unless such writ of certiorari be applied for within six calen- dar months next after such judgment, order, conviction, or other proceeding shall be so had or made, and unless it be proved by affidavit that the party suing forth the same has given six days' notice thereof in writing to the justice or justices, or to two of tlrem, if more than one, by and before whom such judgment, order, conviction, or other pro- ceedings shall be so had or made, in order that such justice or justices, or the parties SUPREME COURT OF JUDICATURE. [Law J. therein concerned, may shew cause, if he or they shall so think fit, against the granting, issuing, or allowing such writ of certiorari. 34. No special case stated by a Court of general or quarter sessions for obtaining the judgment or determination of the High Court upon any order or other determination of a Court of general or quarter sessions shall be filed at the Crown Office Department after the expiration of six calendar months from the making of such order or determina- tion, except by leave of the Court on special circumstances being shewn, either before or after the expiration of such six months. 35. No order for the issuing of a writ of certiorari to remove any order, conviction, or inquisition, or record, or writ of habeas corpus ad subjiciendum shall be granted where the validity of any warrant, commitment, order, conviction, inquisition, or record shall be questioned, unless at the time of moving a copy of any such warrant, commitment, order, conviction, inquisition, or record, verified by affidavit, be produced and handed to the officer of the Court before the motion be made, or the absence thereof accounted for to the satisfaction of the Court. 36. No writ of certiorari shall be allowed to remove any judgment, order, or convic- tion given or made by justices, unless the party (other than the Attorney-General act- ing on behalf of the Crown) prosecuting such certiorari, before the allowance thereof, shall enter into a recognisance with sufficient sureties before one or more justices of the county or place or at their general or quarter sessions, where such judgment or order shall have been given or made, or before any Judge of the High Court in the sum of 501., with condition to prosecute the same at his own costs and charges with effect, without any wilful or affected delay, and to pay the party in whose favour or for whose benefit such judgment, order, or conviction shall have been given or made, within one month after the said judgment, order, or conviction shall be confirmed, his full costs and charges, to be taxed according to the course of the Court where such judgment, order, or con- viction shall be confirmed, and in case the party prosecuting such certiorari shall not enter into such recognisance, or shall not perform the conditions aforesaid, it shall be lawful for the said justices to proceed and make such further order for the benefit of the party for whom such judgment shall be given, in such manner as if no certiorari had been granted. 37. When cause is shewn against an order nisi for a certiorari to remove any judgment order or conviction upon which no special case has been stated, given, or made by jus- tices of the peace for the purpose of quash- ing such judgment order or conviction, the Divisional Court, if it shall think fit, may. make it a part of the order absolute for the certiorari that the judgment order or convic- tion shall be quashed on return without further order, and in such case no such recognisance as is required by Rule 36 shall be necessary, and a memorandum to that effect shall be indorsed by the proper officer upon the issuing of the writ of certiorari. 38. No special case stated upon any order, or other determination of a Court of general or quarter sessions, shall be filed at the Crown Office Department, unless the party proceeding upon such special case shall enter into a recognisance as provided by Rule 36, and in default thereof the justices may pro- ceed as in that rule provided. 39. In all civil causes or matters, which shall have been removed by certiorari, or in respect of which a special case shall have been stated, the recognisance shall be con- ditioned as regards costs to pay such costs, if any, as the Court shall order. 40. No objection on account of any omis- sion or mistake in any judgment or order of any justice of the peace, Court of summary jurisdiction, or Court of general or quarter sessions, brought up upon a return to a writ of certiorari and filed at the Crown Office Department, shall be allowed, unless such omission or mistake shall have been specified in the order for issuiDg such certiorari. 41. Every writ of certiorari for removing an indictment from the Central Criminal Court shall specify the county or jurisdic- tion in which the same shall be tried, and a jury shall be summoned and the trial pro- ceed in the same manner in all respects as if the indictment had been originally preferred in that county or jurisdiction. 42. An application for an order that an indictment or inquisition removed into the Queen's Bench Division Bhall be tried at the Central Criminal Court, or a motion to re- move an indictment or inquisition by cer- tiorari into the Central Criminal Court for trial under 19 Vict. c. 16, shall, during the sittings, be made to the Queen's Bench Division by motion for an order nisi ; and in the vacation, when there is no sitting of a Divisional Court, to a Judge at chambers for a summons ; and the order may be made, absolute or granted upon such terms as to recognisance or otherwise as the Court or Judge may consider reasonable. Indictments and Informations. 43. Every indictment found by the grand jury iii the Queen's Bench Division may, if necessary, be certified to a Judge, in order Vol. 55.] ORDERS AND RULES. that such Judge may (if he thinks proper) immediately issue his warrant for the appre- hending of the defendant. 44. If any defendant in any indictment or information depending in the Queen's Bench Division shall be committed to prison, and detained for want of bail for his appearance to such indictment or information for the space of one calendar month next following such commitment, and the prosecutor of such indictment or information shall not proceed within that time, such defendant shall after the expiration thereof be dis- charged by order of the Court or a Judge upon entering a common appearance to the said indictment or information (unless good cause shall be shewn to the contrary) ; eight days' notice shall be given by the defendant or his solicitor of his intention to apply for such order. 45. If any such defendant shall be con- victed upon any such indictment or informa- tion as in the last preceding rule mentioned, and shall be afterwards committed or de- tained for want of bail, the prosecutor shall cause him to be brought up for judgment within eight days after the time limited by rule -166 for moving for a new trial if the Court be then sitting, and if the Court be not sitting, within the first eight days of the sittings next after that in which the trial was had, and in default of his so doing within that time, or within such further time as may have been granted by the Court or a Judge for that purpose, the de- fendant may on application to the Court be discharged on his own recognisance. 46. With the exception of ex-officio infor- mations filed by the Attorney-General on behalf of the Crown no criminal information or information in the nature of a quo war- ranto shall be exhibited, received, or filed at the Crown Office Department without ex- press order of the Queen's Bench Division in open Court, nor shall any process be issued upon any information other than an ex- officio information, until the person procuring such information to be exhibited shall have filed at the Crown Office Department a re- cognisance in the penalty of £50 effectually to prosecute such information and to abide by and observe such orders as the Court shall direct, such recognisance to be entered into before the Queen's coroner and attorney, or the master of the Crown Office, or a Jus- tice of the peace of the county, borough, or place in which the cause may have arisen. 47. No application shall be made for a criminal information against a Justice of the peace for misconduct in his magisterial capacity unless a notice containing a distinct statement of the grievances, or acts of mis- conduct complained of,, be served personally upon him, or left at his residence, with some member of his household, six days before the time named in it for making the ap- plication. 48. The application for a criminal infor- mation shall be made to a Divisional Court by a, motion for an order nisi, within a reasonable time after the offence complained of, and if the application be made against a Justice of the peace for misconduct in his magisterial capacity, the applicant must de- pose on affidavit to his belief that the de- fendant was actuated by corrupt motives, and further, if for an unjust conviction, that the defendant is innocent of the charge. 49. If the prosecutor on any information not ex-officio does not proceed to trial within a year after issue joined, or if the prosecutor causes a nolle prosequi to be entered, or if the defendant be acquitted (unless the Judge at the time of trial certifies that there was reasonable cause for the information), the Court, on motion for the same, may award the defendant his costs to the amount of the recognisance entered into by the prosecutor on filing the information. 50. If on any indictment in the Queen's Bench Division, or information by a private prosecutor, for the publication of any de- famatory libel judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such indict- ment or information, and upon a special plea of justification to such indictment or infor- mation, if the issue be found for the pro- secutor, he shall be entitled to recover from the defendant the costs sustained by the pro- secutor by reason of such plea. Quo Warranto. 51. Every application for an information in the nature of a quo warranto shall be by motion to a Divisional Court for an order nisi, unless the same be ex-officio or be made in respect of a corporate office within the meaning of 45 & 46 Vict. c. 50. s. 225. 52. In respect of such a corporate office as in the last preceding rule mentioned, the application shall be by notice of motion to the person affected thereby to be served not less than ten days before the day specified in the notice for making the application. 53. The notice shall set forth the name and description of the applicant, and a statement of the grounds of the application, and the applicant shall deliver with the notice on service thereof a copy of the affi- davits whereby the application will be sup- ported. 54. No order for filing any information in SUPREME COURT OF JUDICATURE. [Law J. the nature of a quo warranto shall be granted, unless at the time of moving an affidavit be produced by which some person shall depose upon oath that such motion is made at his instance as relator ; and such person shall be deemed to be the relator in case such order shall be made absolute and shall be named as such relator in such information in case the same shall be filed, unless the Court shall otherwise order. 55. Every objection intended to be made to the title of a defendant on an information in the nature of a quo warranto shall be specified in the order to shew cause or notice of motion, and no objection not so specified shall be raised by the relator on the plead- ings without the special leave of the Court or a Judge. 56. The Court may discharge an order nisi for an information in the nature of a quo warranto with or without costs, and in its discretion may, upon such notice as may be just, direct the costs to be paid by the solicitor or other parties joining in the affi- davits in support of the application, although he be not the proposed relator. 57. A new relator may by leave of the Court, on notice of motion, be substituted for the one who first enters into the recogni- sance on special circumstances being shewn. 58. Where several orders nisi for informa- tions in the nature of quo warranto have been granted against several persons for usurpa- tion of the same offices, and all upon the same grounds of objection, the Court may order such orders to be consolidated, and only one information to be filed in respect of all of them, or may order all proceedings to be stayed upon all but one, until judgment be given in that one, provided always that no order be made to consolidate or stay any proceedings against any defendant unless he give an undertaking to disclaim, if judgment be given for the Crown, upon the informa- tion which proceeds. 59. If a defendant on an information in the nature of a quo warranto does not intend to defend, he may to prevent judgment by default enter a disclaimer at the Crown Office Department and file a copy there, and deliver another copy to the relator or his solicitor. Upon the disclaimer being filed judgment of ouster may be entered at the Crown Office Department, and the costs taxed as in judgment by default. Mandamus. 60. Application for a prerogative writ of mandamus shall, during the sittings, be made to a Divisional Court of the Queen's Bench Division by motion for an order nisi ; and in the vacation to a Judge in chambers for a summons to shew cause, upon its being shewn to the satisfaction of such Judge that the matter is urgent. Provided that this rule shall not apply to any application for a writ of mandamus under 45 & 46 Vict. c. 50. s. 225. 61. Notice shall be given by the order nisi for a mandamus to every person who by the affidavits on which the order is moved shall appear to be interested in or likely to be affected by the proceedings, and to any person who in the opinion of the Court or Judge ought to have such notice. C2. The order nisi Bhall be served upon each person to whom notice is given by the order, as well as the party whom the order requires to shew cause. 63. Any person, whether he has had notice or not, who can make it appear to the Court or Judge that he is affected by the proceed- ing for a writ of mandamus may shew cause against the order nisi or summons, and shall be liable to costs in the discretion of the Court or a Judge if the order should be made absolute, or the prosecutor obtain judgment. 64. The order absolute for a mandamus need not be served, but the cost of service of the order absolute may be allowed in the discretion of the taxing officer, where the writ is not issued. 65. If the writ of mandamus is directed to one person only the original must be per- sonally served upon such person, but if the writ be directed to more than one, the original shall be shewn to each one at the time of service, and a copy served on all but one, and the original delivered to such one. 66. When a writ of mandamus is directed to companies, corporations, justices, or pub- lic bodies, service shall be made upon such and so many persons as are competent to do the act required to be done, the original being delivered to one of such persons, ex- cept where by statute service on the clerk or some other officer is made sufficient ser- vice. 67 . The Court or a Judge may, if they or he shall think fit, order that any writ of mandamus shall be peremptory in the first instance. 68. Every writ of mandamus shall bear date on the day when it is issued, and shall be tested in the name of the Lord Chief Justice of England. The writ may be made returnable forthwith, or time may be allowed to return it, either with or without terms, as the Court thinks fit. A writ of mandamus shall be in the Form in the Appendix No. 37, with such variations as circumstances may require. 69. Any person by law compellable to Vol. 55.] OEDEES AND EDLES. make any return to a writ of mandamus shall make his return to the first writ. 70. Where a point of law is raised in answer to a return or any other pleading in mandamus, and there is no issue of fact to be decided, the Court shall, on the argument of the point of law, give judgment for the suc- cessful party, without any motion for judg- ment being made or required. 71. Where under rules 70 and 136 the applicant obtains judgment he shall be en- titled forthwith to a peremptory writ of mandamus to enforce the command contained in the original writ, and the judgment shall direct that a peremptory writ do issue. 72. No action or proceeding shall be com- menced or prosecuted against any person in respect of anything done in obedience to a writ of mandamus issued by the Supreme Court or any Judge thereof. 73. When it appears to the Court that the respondent claims no right or interest in the subject-matter of the application, or that his functions are merely ministerial, the return to the writ, and all subsequent proceedings down to judgment, shall still be made and proceed in the name of the person to whom the writ is directed, and, if the Court thinks fit so to order, may be expressed to be made on behalf of the persons really interested therein. In that case the persons interested shall be permitted to frame the return and conduct the subsequent proceedings at their own expense ; and if judgment is given for or against the applicant it shall likewise be given for or against the persons on whose behalf the return i3 expressed to be made ; and if judgment is given for them, they Bhall have the same remedies for enforcing it as the person to whom the writ is directed would have in other cases. 74. Where, under the last preceding rule, the return to a writ of mandamus is expressed to be made on behalf of some person other than the person to whom the writ is directed, the proceedings on the writ shall not abate by reason of the death, resignation, or re- moval from office of that person, but they may be continued and carried on in his name ; and if a peremptory writ is awarded, it shall be directed to the successor in office or right of that person. 75. In any case of mandamus, in which a proceeding by way of interpleader may be proper, the provisions of Order LVII. of the Rules of the Supreme Court, 1883 (Inter- pleader), shall be applicable, so far as the nature of the case will admit. 70. No order for the issuing of any writ of mandamus shall be granted, unless at the time of moving an affidavit be produced by which some person shall depose upon oath that such motion is made at his instance as prosecutor, and if the writ be granted the name of such person shall be indorsed on the writ as the person at whose instance it is granted. 77. Every application for the costs of a mandamus shall, unless the Court or a Judge shall otherwise order, be made before the fifth day of the sittings next after that in which the right to make such application accrued, and shall be upon notice of motion to be served eight days before the day named therein for moving. 78. The party moving for costs shall leave at the Crown Office Department a notice for the production in Court of all the affidavits filed in support of, and in opposition to, the original order. 79. Every application for a writ of man- damus to Justices to enter continuances and hear an appeal shall be made within two calendar months after the first day of the sessions at which the refusal to hear took place, unless further time be allowed by the Court or a Judge, or unless special circum- stances appear by affidavit to account for the delay to the satisfaction of the Court. Orders in the Nature op Mandamus. 80. An application for an order in the nature of a mandamus, to Justices, or to a County Court Judge, or to Justices to state and sign a case, shall be by motion for an order nisi (in the same manner as is provided in Rule 60). Prohibition. 81. An application for a writ of prohibi- tion on the Crown side shall be made by motion to a Divisional Court for an order nisi in all criminal causes or matters ; and in civil proceedings on the Crown side by motion for an order nisi or by summons before a Judge at chambers. 82. The order may be made absolute ex parte in the first instance on special circum- stances being shewn, in the discretion of the Court or Judge. Appearance to Indictment, Information, and Inquisition. 83. A defendant to any indictment, infor- mation, or inquisition in the Queen's Bench Division, or removed into the said division by writ of certiorari or otherwise, must enter or cause to be entered in a book at the Crown Office an appearance to such indictment, in- formation, or inquisition ; except that in treason or felony the defendant must appear in person in open court unless the Court or a Judge shall order that the defendant be at liberty to appear and plead by solicitor, in SUPREME COURT OF JUDICATURE. [Law J. which case the appearance may be entered as above stated. 84. If an indictment has been removed at the instance of the defendant, the prosecutor may draw up an order at the Crown Office to be served upon such defendant or his solicitor to appear, plead, and try according to the conditions of the recognisances entered into on removing such indictment. 85. In case such defendant shall not so appear, plead, and try, application may be made to the Court to estreat the recognisances so entered into, and for a writ of procedendo to carry back the indictment to the Court from whence it came ; or if such writ of pro- cedendo be not applied for, the Court or a Judge, upon a certificate of one of the officers of the Crown Office of such default, may issue a warrant as provided in Rule 87. The certificate may be in the Form No. 40, or to the like effect. 86. As against any defendant to any in- dictment, information, or coroner's inquisi- tion other than a defendant at whose in- stance a writ of certiorari may have been awarded to remove such indictment or in- quisition, the prosecutor may obtain a certifi- cate from one of the officers of the Crown Office of an indictment, information, or coroner's inquisition having been filed. The certificate may be in the Form No. 41 or 42, or to the like effect. 87. Upon production of such certificate to a Judge, such Judge may, if necessary, issue a warrant under his hand to apprehend the defendant and cause him to be brought before him or some other Judge or before a justice of the peace to be dealt with according to law ; the warrant may be in Form No. 43 or 44, or to the like effect. 88. If it be proved upon oath before such Judge or justice of the peace that the person apprehended and brought before him is the person charged and named in such indict- ment, information, or inquisition, such Judge or justice of the peace shall without further enquiry or examination commit him to prison by a warrant, which may be in the Form No. 45, or to the like effect, or admit him to bail. Provided that nothing in these Rules shall affect the jurisdiction of a Judge to admit any defendant to bail whether in felony or misdemeanour at any time after committal and before conviction if he shall in his dis- cretion so think fit. 89. When an indictment has been re- moved into the Queen's Bench Division, and the defendant has previously been held to bail in the Court below, the Judge shall not issue his warrant under the last preceding Rule unless special circumstances be shewn upon affidavit, such as it being known to be his intention to abscond. 90. When any information is filed and the defendant is under terms to appear im- mediately and does not enter an appearance, the prosecutor may serve a notice upon the defendant to appear within five days, and in default of appearance may move the Court ex parte for leave to enter an appearance for him, or, if the notice was personally served, for an attachment. 91. If the defendant on any indictment or inquisition for misdemeanour, or information, wishes to avoid arrest upon a warrant, he may give 24 hours' notice of bail to the pro- secutor, and enter into a recognisance before a Judge or justice of the peace with sufficient surety or sureties to appear and answer the indictment, inquisition, or information, and personally appear at the trial, and on the return of the postea if it be necessary, and so from day to day, and not depart without leave of the Court. 92. If the defendant be taken on a warrant he shall give 24 hours' notice of bail, and enter into a recognisance as in the last pre- ceding rule mentioned before he can be discharged. 93. If any defendant to an indictment or inquisition for misdemeanour, or information, shall be detained in any prison for want of bail, the prosecutor of any such indictment, inquisition, or information, may cause a copy thereof to be delivered to the gaoler of the prison for such defendant, with a notice indorsed thereon that if the defendant do not within eight days after such delivery cause an appearance and a plea or demurrer to be entered to such indictment, inquisi- tion, or information, an appearance and plea of not guilty will be entered for him ; and if the defendant do not enter such appearance and plea or demurrer within eight days from the delivery of such copy of the indictment, inquisition, or information and notice, the prosecutor, upon filing an affidavit of the delivery of such copy and notice indorsed thereon to the keeper or gaoler as aforesaid, may cause an appearance and plea of not guilty to be entered to the indictment, in- quisition, or information for the defendant, and proceedings shall be had thereon as if the defendant himself had duly appeared and entered such plea. 94. When any indictment has been found in, or removed into the Queen's Bench Divi- sion at the instance of the prosecutor, or of one or more of several defendants, the pro- secutor may, instead of applying for a war- rant under Rules 85, 86, 87, issue a writ of venire facias against such defendants as are not parties to the removal of the indictment, Vol. 55.] ORDERS- AND RULES. or defendants under recognisance to answer, or in the case of an information may issue either a subpoena to answer, or a venire facias if it is intended to proceed to out- lawry. 95. If the defendant does not appear within four days after the day named in the subpoena to answer, the prosecutor upon filing an affidavit of due service of the sub- poena to answer may issue a writ of attach- ment. 96. If a defendant fails to appear within four days after the sheriff has returned to the Court on the venire facias that he has summoned the defendant, the prosecutor may issue a writ of distringas. 97. If a defendant fails to appear within four days after the sheriff has returned to the Court that he has distrained the lands and chattels of the defendant, the prosecutor may issue a writ of capias ad respondendum, and if necessary further proceed to outlawry as hereinafter provided by these Rules ; pro- vided always, that in felony, if the defendant has not been admitted to bail, the prosecutor may issue a writ of capias in the first instance. 98. The process against a body corporate, or inhabitants of a county, borough, parish, or place, to compel an appearance shall be by writs of venire facias and distringas. If such defendants do not appear within four days after the sheriff has returned that he has dis- trained the defendants' land and chattels, alias and pluries writs of distringas may be issued with, such increased amounts upon each succeeding writ as the Court or a Judge may order. Outlawry. 99. To proceed to outlawry before judg- ment on an indictment for misdemeanour, or an information, the prosecutor must issue a writ of venire facias at the Crown Office returnable on a day certain either in or out of the sittings. 1Q0. On the return of the sheriff that he has summoned the defendant, and the defen- dant has not appeared, the prosecutor may issue a distringas to answer, returnable on a day certain either in or out of the sittings, and if necessary alias writs of distringas, and if the sheriff return that the defendant has no goods in his bailiwick whereby he can be summoned, or distrained, a capias ad respon- dendum tested, and made returnable as the writ of venire facias, may be issued on the fourth day after the return. 101. On the return of non est inventus to a capias ad respondendum, before the prose- cutor can proceed further, he shall issue a second writ of capias on the fourth day after Vol. 55.— Orders axd Rules. the return to the first, made returnable as the first writ, and shall issue a third writ of capias on the fourth day after the return of the second, tested and made returnable, as the second writ. 102. If the defendant is dwelling in an- other county than where the indictment was found, or where the information be laid, the prosecutor shall issue another second writ of capias cum proclamatione to the sheriff of the foreign county after the return of the first writ to the sheriff of the county in which the indictment was found, or information laid, tested as the other writs of capias, but not to be made returnable till such a day certain as will enable the sheriff of the foreign county, if he cannot be found, to make proclamation at two of his County Courts either three months, or four months, after the issue of the writ according as the sheriff may hold his Courts from month to month, or six weeks to sis weeks. 103. Upon a return of non est inventus to the third writ of capias in the same county, and if the defendant be dwelling in another county to the capias to the sheriff of such county, a writ of exigent must be issued by the prosecutor. 104. Simultaneously with the writ of exi- gent a writ of proclamations shall be issued to the sheriff of the county where the defen- dant is mentioned to be, or inhabit ; both writs must be tested on the day of the return to the previous process, and returnable on such a day certain during the sittings, as will admit of their being delivered to the sheriff three months before return. 105. If it does not appear by the return to the writ of exigent that the defendant has been exacted five times and outlawed, the prosecutor must issue another writ of exigent with allocatur, commanding the sheriff to cause him to be further exacted until he shall have been exacted five times and out- lawed. 106. Upon the return of the sheriff that the defendant has been exacted five times and outlawed, on application of the prose- cutor judgment may be entered at the Crown Ofiice. 107. After judgment has been entered, the roll of all the proceedings may be engrossed by the prosecutor, and filed at the Crown Office. 108. A writ of capias utlagatum may be issued by the prosecutor at any time the defendant is likely to be found, or a like writ special, cum breve de inquirendo, or if neces- sary a writ of melius inquirendum may be applied for. 109. All the rules as to proceeding to out- lawry on indictment in misdemeanour before B 10 SUPREME COURT OF JUDICATURE. [LAW J. judgment shall apply to indictment for felony, except that in felony the prosecutor may issue a writ of capias ad respondendum at once, instead of a venire facias to answor. 110. On proceeding to outlawry after judgment on indictment for felony or mis- demeanour or information, the prosecutor may issue a writ of capias ad satisfaciendum into the county where the indictment is found, or information laid, returnable on the first day of the then next sittings. One writ of capias only need be issued, and on return of non est inventus, the prosecutor may issue a writ of exigent tested on the return day of the writ of capias, returnable on the first day of the then next sittings. It shall not be necessary to issue any writ of proclama- tions on the return of a writ of capias ad satisfaciendum . 111. After the return to the writ of exi- gent, the rules as to proceeding after writ of exigent in outlawry before judgment shall apply to proceedings in outlawry after judg- ment. 112. In the county of Lancaster the capias utlagatum and all subsequent process shall be directed to the Chancellor of the Duchy. Reversal of Outlawry. 113. It. shall not be necessary for any person who shall be outlawed before convic- tion for any matter or thing except treason or felony to appear in person to reverse such outlawry, but such person may appear by solicitor and reverse the same. 114. If any person outlawed otherwise than for treason, or felony, before conviction be taken and arrested upon any capias utla- gatum, the sheriff may take a solicitor's engagement under his hand to appear for the defendant, and shall thereupon discharge the defendant from the arrest. 115. If a defendant surrenders or is taken before outlawry is complete on misdemeanour before judgment, he may give bail in such amount, and with or without sureties, as a Judge may direct, to appear to the indict- ment, inquisition, or information, and on appearance apply to the Court or a Judge for a supersedeas to the process of outlawry. 116. If a defendant comes in on an indict- ment or information for misdemeanour, and reverses the outlawry before judgment, he shall plead instanter. 117. On an indictment or inquisition for felony, or in any case after judgment, a de- fendant who surrenders or is taken before the outlawry is complete, shall be oommitted to answer the indictment or inquisition or to satisfy the judgment, but may supersede the outlawry process. 118. To reverse outlawry after conviction the defendant shall surrender himself into custody, and afterwards be brought into Court to assign errors upon the judgment in outlawry, by habeas corpus. 119. If the defendant be taken on a capias utlagatum, he shall deliver the writ of error into Court when he appears upon the return to the capias, he shall then move for an order to bring him up again to assign errors, and shall be committed by the Court to the Queen's Prison. 120. Until outlawry be reversed a defen- dant after conviction shall not be committed, • or called up for judgment upon an indict- ment, information, or inquisition. 121. Upon the assignment of error in out- lawry the prosecutor shall join in error within eight days, and the case may then be entered in the Crown paper for argument on the application of either party as in error to the Queen's Bench Division from inferior Courts. Bail. 122. Applications for bail in felony or misdemeanour where the party is in custody shall be in the first instance by summons before a Judge at chambers for a writ of habeas corpus, or to shew cause why the defendant should not be admitted to bail either before a Judge at chambers or before a justice of the peace, in such an amount as the Judge may direct. Recognisances. 123. Every recognisance acknowledged on the removal of an indictment, order, or other proceeding or to prosecute any information granted by the Queen's Bench Division, or for the appearing or answering of any party in the said Division, or for good behaviour, or for any other purpose, shall after the acknowledgment thereof be transmitted to the Crown Office and filed there. 124. No recognisance shall henceforth be forfeited, estreated, or put upon the estreat roll without the order of the Court or a Judge, nor unless an order or notice shall have been previously sevved upon the parties by whom such recognisances shall have been given, calling upon them to perform the conditions thereof, and no default shall bo considered to be made in performing the conditions of a recognisance by reason of the trial of any indictment or presentment or the argument of any order or conviction or other proceeding having stood over whero such indictment has been made, a romanet or such indictment or order has stood over by order of the Court, or by consent in writing of the parties. 125. Every recognisaneo to appear and Vol. 5o.] ORDERS AND RULES. 11 answer to any indictment found in the Queen's Bench Division or removed into the same, or to any ex-officio or criminal in- formation, shall, unless the Court or a Judge shall by order dispense therewith, contain, besides any other condition which may be imposed, a condition that the defendant shall personally appear from day to day on the trial of such indictment or information, and not depart until he shall be discharged by the Court before whom such trial shall be had. 126. Whenever it has been made to appear to the Court or a Judge that a party has made default in performing the conditions of any recognisance, into which he has entered, filed in the Crown Office, the Court or a Judge upon notice to the defendant and his sureties, if any, may order such recognisance to be estreated into the Exchequer without issuing any writ of scire facias. Scire Facias. 127. No proceedings shall be taken in the Crown Office by scire facias upon recognis- ance. Pleadings. (A.) — Pleadings on Indictment, Information, or Inquisition. 128. Evory pleading other than a plea of guilty or not guilty to an indictment, in- formation, or inquisition shall be intituled : "In the High Court of Justice, Queen's Bench Division," and shall be dated of the day of the month and the year when the same was pleaded, and shall bear no other time or date. It shall be written or printed on paper, and a copy shall be delivered to the opposite party and be filed at the Crown Office. 129. All the proceedings shall be entered on the record made up for trial, and on the judgment roll, under the date of the month and year when the same respectively took place, and without reference to any other time or date, unless otherwise specially ordered by the Court or a J udge. < 130. Every special plea or demurrer shall be in writing, and if settled by counsel signed by hini, and if not so settled shall be signed by the solicitor or the party if he defends in person. 131. One order only to plead, reply, re- join, join in demurrer or in error, or plead subsequent pleadings in all prosecutions by way of indictment, inquisition, or informa- tion shall be given, and such order may be drawn up and served as well during the sittings as in vacation ; and every such order shall expire as follows, that is to say, every order to plead, in ten days next after service thereof, unless the time be extended by order of the Court or a Judge, and every order to reply, rejoin, join in demurrer, or in error, or plead subsequent pleadings in eight days next after service thereof, unless the time be extended as aforesaid. 132. In indictments for felony or treason the defendant shall plead in open Court in the Queen's Bench Division, unless he has obtained a Judge's order upon special cir- cumstances, for liberty to appear and plead by solicitor in the Crown Office. On the appearance of a defendant to any indict- ment, inquisition, or information, an order to plead may be drawn up at the Crown Office by the prosecutor or his solicitor. 133. Time in which to plead may be extended on application by summons to a Judge at chambers, upon such terms and for such time, as the Judge in his discretion may think fit. (B.) — Pleadings in Quo JVarranto. 134. When any information in the nature of a quo warranto has been filed, the de- fendant may plead to such information within such time, and in like manner as if the in- formation were a statement of claim de- livered in an action, and subject to these Rules this pleading and all subsequent pro- ceedings, including pleadings, trial, judg- ment, and execution, shall proceed and may be had and taken as if in an action, and. where the judgment is for the relator judg- ment of ouster may be entered for him in all cases. 135. The prosecutor, in answer to a plea that the defendant has held and executed the office or franchise for six years before the exhibiting the information, may reply any forfeiture, surrender, or avoidance by the defendant within the said six years. (C.) — Pleadings in Mandamus. 136. When any return is made to the first writ of mandamus, the applicant may plead to the return within such time and in like manner as if the return were a statement of defence delivered in an action ; and subject to these Rules this pleading and all subse- quent proceedings, including pleadings, trial, judgment, and execution, shall proceed and may be had and taken as if in an action. (D.) — Pleadings in Prohibition. 137. Where pleadings in prohibition are ordered the pleadings and subsequent pro- ceedings, including judgment and assessment of damages, if any, shall be, as nearly as may be, the same as in an ordinary action for damages. 12 SUPEEME COUET OF JUDICATURE. [Law J. Copies op Proceedings and Service. 138. Copies of all informations, indict- ments, or presentments, and of all plead- ings thereupon, and of mandamus and return and traverse or other pleadings thereupon, and of convictions, orders, and every other proceeding filed in the Crown Office shall, when required, be made at the Crown Office and delivered to the respective parties or other parties requiring the same on payment of the proper charges. 139. Whenever under these Rules service of any writ, notice, pleading, order, sum- mons, warrant, or other document, proceed- ing, or written communication, is not directed to be personal, service at the last known place of abode, or business, with a clerk, wife, or servant, or upbn such other person, or in such other manner as the Court or a Judge may direct, shall be deemed to be a sufficient service. Special Cases and Demurrers. 140. Order XXXIV. of the Rules of the Supreme Court, 1883 (special case), shall, as far as it is applicable, apply to all civil pro- ceedings on the Crown side. The following Rules shall apply to all criminal proceedings on the Crown side : — 141. Demurrers and special cases shall be entered at the Crown Office for hearing at the request of either party without any order for a concilium eight clear days before the day on which they are set down for argu- ment, and notice thereof shall be given forthwith to the opposite party. 142. Every special case shall be divided into paragraphs, which as nearly as may be shall be confined to a distinct portion of the subject, and every paragraph shall be num- bered consecutively. The taxing officer shall not allow the costs of drawing and copying any special case not substantially complying with this rule without the special order of the Court. Paper Books. 143. In all cases entered for argument in the Crown Paper, where paper books are required, the party or solicitor entering shall, two days before the day appointed for argument, deliver two paper books of the proceedings for the use of the Judges at the Crown Office. 144. Such paper books shall be marked " for the use of the Judges in the Queen's Bench Division," and not with the name of any particular Judge. 145. Such paper books shall contain, where the party is seeking to quash any order or conviction, together with the copies of the proceedings, a copy of the order nisi to quash. 146. If paper books are not delivered the other party may, on the day following, de- liver such copies as ought to have been so delivered by the party making default, and the party making default shall not be heard until he shall have paid for such copies or deposited at the Crown Office a sufficient sum to pay for the same. In default of both parties the case shall be struck out, unless otherwise' ordered . 147. On the argument of any case entered in the Crown Paper, where the Court has granted an order nisi, the counsel for the parties shewing cause shall begin ; but on an order nisi to quash an order or conviction, and in every other case, the counsel for the appellant or party desirous of displacing the status quo shall begin. Notice of Trial. 148. Notice of trial shall state the place at which the trial is to be had, and the day on or after which the record is to be tried. 149. If the prosecutor or relator does not, within six weeks after issue joined, or within such extended time as the Court or a Judge may allow, give notice of trial, the defendant may give such notice, and when the defen- dant is bound by recognisance to give notice of trial the prosecutor may, in all cases, give notice by proviso. 150. Ten days' notice of trial shall be given in all cases, unless a longer notice shall bo ordered by the Court or a Judge, or tho party to whom it is given shall consent to take short notice of trial, which shall be understood to mean four days' notice or any longer period. 151. Notice of trial shall be given before entering the record for trial. 152. Notice of trial for London or Middle- sex shall not be, or operate as for, any par- ticular sittings, but shall be deemed to be for the day stated in the notice, or for any day after the expiration of the notice, on which the record may come on for trial. 153. Notice of trial elsewhere than in London or Middlesex shall be deemed to be for the first day of the then next assizes, at the plaoe for which notice of trial is given. 154. No notice of trial shall be counter- manded, and no record withdrawn except by leave of the Court or a Judge, which leave may be givon subject to such terms as to costs or otherwise as may bo just. Continuances. 155. No continuance by way of imparl- ance, curia advisari vult, vicecomes non misit breve, or otherwise, shall be necessary, Vol. 55.] ORDERS AND RULES, 13 nor shall any entry thereof he made, upon any record or roll whatever, or in the pleadings. Entering Record for Trial. 156. If the prosecutor or relator, after having given notice of trial for London or Middlesex, does not enter the record within six days, the party to whom notice may have been given shall be at liberty to enter it with the leave of the Court or a Judge. 157. No warrant of nisi prius from the Attorney-General for making up a record shall hereafter be necessary. Jury. 158. Writs of venire facias, or other writs for the summoning of juries, shall no longer be used ; but the jury, whether special or common, shall be taken from the list of persons summoned for the sittings or assizes, and a panel shall be annexed to the record as in civil cases. Either the prosecutor or the defendant may, except in case of felony, obtain a special jury upon giving the like notice as is required in civil cases, and the Court or a Judge may, at the instance of either party, order that a special jury be struck as provided for by "The Juries Act, 1870." And when the jury has been re- duced either party may draw up an order at the Crown Office directing the sheriff to sum- mon that particular jury at such time and place as may be required. View. 159. Upon any application for a view there shall be an affidavit stating the place at which the view is to be made, and the distance thereof from the office of tlie under-sheriff, and the sum to be deposited with the under-sheriff shall be 101. in case of a common jury, and 167. in case of a special jury, if such distance do not exceed five miles, and 151. in case of a common jury, and 21/.. in case of a special jury, if it be above five miles. And if such sum shall be more than sufficient to pay the expenses of the view, the surplus shall forth- with be returned to the solicitor of the party who obtained the view. If such sum shall not be sufficient to pay such expenses the deficiency shall forthwith be paid by such solicitor to the under-sheriff, and the under- sheriff shall pay and account for the money so deposited, according to the scale at the end of the Appendix to these Rules. Trial at Bar. 160. A trial at bar shall not be had except by order of the Court. 1G1. An application for a trial at bar shall be by motion for an order nisi except when made by the Attorney-General on behalf of the Crown, when the order shall be absolute in first instance as of course. 162. On making the order absolute for a trial at bar the Court may impose such terms on the applicant as to payment of costs, or otherwise, as the Court may think fit. 163. The Court may direct the jury to be summoned from the county in which the offence was committed, or from any other county not exempt by law at any time after joinder of issue. The order for the jury shall be lodged with the sheriff of such county in sufficient time for the jury to be summoned six days before the trial. 164. Three copies of the roll upon which the trial is to take place shall be delivered by the applicant for the trial at bar at the Crown Office for the use of the Judges four days before the day fixed for the trial. 165. A trial at bar may be continued, de die in diem, or adjourned to a subsequent day at any time, in the discretion of the Court, without any reference to the sittings of the High Court, and no formal order shall be drawn up for any such continued sitting or adjournment, nor shall any such order be entered on the roll. New Trial. 166. Applications for a new trial, or to enter judgment non obstante veredicto, or to arrest judgment where such applications may by law be made, shall be by motion for an order nisi. Such motion shall be made to a Divisional Court of the Queen's Bench Division, and in cases tried in London or Middlesex within eight days after the trial, or on the first subsequent daj' on which a Divisional Court shall sit to hear motions on the Crown side, or if the trial has been had at the assizes, within the first seven days after the last day of the sittings on the circuits for England and Wales ; the time of the vacations shall not be reckoned in the computation of time for moving. 167. The time in either case may be ex- tended by the Court or a Judge. The grounds upon which the order was granted shall be stated in the order. 168. A copy of such order shall be served on the opposite party within four days from the time of the same being granted. 169. On moving for a new trial on indict- ment, information, or inquisition, all the defendants, if more than one, who are not either in custody or who* are only liable to a fine must be present in court, unless the Court shall otherwise order. 14 SUPREME COURT OF JUDICATURE. [Law J. Judgment by Default. 170. In caae no plea, replication, rejoinder, joinder in demurrer, or other pleading (ex- cept joinder in error by the prosecutor) shall be entered within the time limited, judgment as for want of such pleading may be entered at the opening of the office on the next following morning after the expiration of the time limited, upon filing an affidavit of service of the order to plead, reply, &c. , as the case may be, unless an order of the Court or a Judge extending such time shall have been obtained and served, in which case judgment shall not be signed until tho day after the expiration of the time granted by such order. Judgment. 171. Upon every trial, whether at the assizes or at the sittings in London or Middle- sex, the associate, clerk of assize, or master shall enter in a book to be kept for that pur- pose, — 1st, the verdict of the jury and all such findings of fact, if any,. as the Judge may direct to be entered ; 2nd, the directions, if any, of the Judge as to judgment ; 3rd, the certificates, if any, granted by the Judge ; and the sentence of the Judge if then passed. A certificate, signed by the associate, of such verdict, finding, or direction, judgment, or sentence shall be filed at the Crown Office by the associate, and judgment upon the postea may be entered at the Crown Office at any time after the expiration of the time limited for applying for a new trial, or for entering judgment non obstante veredicto, or arresting judgment unless otherwise ordered. 172. On all trials for felonies or misde- meanours in the Queen's Bench Division, except upon informations filed by leave of the Court and ex-officio informations where the Attorney-General shall pray that tho judgment may be postponed, judgment may be pronounced during the sittings or assizes at which the trial has taken place by the Judge before whom the verdict has boen taken, as well upon the defendant who shall have suffered judgment by default or con- fession as upon those who shall have been tried and convicted, and whether such per- sons be present or not in Court. 173. The Judge before whom the trial shall be had may either issue an immediate order or warrant for committing the defen- dant in execution, or respite the execution of the judgment on such terms as he shall think fit, and for such time as may be neces- sary, for the purpose of enabling the defen- dant to move for a new trial, or in arrest of judgment, and if imprisonment be part of the sentence, may order the period of im- prisonment to commence on the day on which the party shall be actually taken to and confined in prison. 174. If a defendant be convicted and not sentenced at the trial, and is not under re- cognisance or under sufficient recognisance to appear to receive the sentence of the Court, or if it be made to appear on affidavit or otherwise that he is likely to abscond, a Judge's warrant may be obtained at any time after verdict and before final judgment, and either from the Judge at the trial or from a Judge at chambers, to hold him to bail, or to require him to give such further bail as the Judge in his discretion may think fit, upon a certificate, if he be not under recognisance, of the conviction to be obtained from the clerk of assize or associate ; and a certificate of his not being under recognisance from the Crown Office, or if he be under recognisance, upon a certificate of conviction and an affi- davit of facts shewing the necessity of further bail. 175. The postea may be obtained by the party in whose favour the verdict was found from the associate clerk of assize or master on the day after the last day on which a motion may be made for a new trial, or in arrest of judgment, or for judgment non obstante veredicto, unless there be an order nisi granted, and if an order nisi has been granted at any time after such order nisi shall have been disoharged and shall be pro- duced at the Crown Office where the judg- ment will be entered in a book and signed on the record, according to the verdict, by the Queen's Coroner and Attorney, or the Master of the Crown Office. 17 0. If judgment on the postea is for tho Crown or the prosecutor, and the defendant is not under recognisance to appear to receive sentence, he may be served with a four days' notice to appear on a certain day to receive the sentence of the Court, or the prosecutor may issue a writ of capias ad satisfaciendum to take the defendant, to remain in custody without bail or mainprize until he satisfies the judgment or obtains his discharge upon writ of error. 177. If the defendant bo not in custody and be under recognisance to appear to re- ceive sentence, the defendant and his bail may be served with a four days' notice, that on a day named therein the Court will be moved for judgment. Such service need not be personal. 178. The postea, or if interlocutory judg- mont be upon confession, default, or retraxit, the entry roll, shall be in Court on moving for final judgment, and if the defendant does not answer on being called three times, the Vol. 55.] OEDEES AND EULES. 15 prosecutor on an affidavit of service of notice may move under Rule 120 to estreat the recognisance, and upon the estreat of the recognisance a Judge may grant a bench warrant for the apprehension of the defen- dant ; or the prosecutor may issue a capias and proceed to outlawry. 179. The Court on giving final judgment or the Court of Appeal on affirmance may, if they shall so think fit, on the application of the defendant then present, respite the execution of the judgment for such time as may be necessary for the defendant to obtain the Attorney-General's fiat for a writ of error, or consent for an appeal to the House of Lords upon the defendant entering into a recognisance with two sufficient sureties, upon such terms as the Court may order, to render himself into custody or to prosecute his writ of error or appeal with effect, and may order the period of imprisonment, if that be part of the sentence, to commence on the day on which the party shall be actually taken to and confined in prison. 180. When any defendant shall, after ver- dict, be brought up for sentence on any in- dictment or information, after the notes of the trial shall have been read, the affidavits produced on the part of the defendant, if any, shall be read, and then any affidavits produced on the part of the prosecution, after which the counsel for the defendant shall be heard, and lastly, the counsel for the prosecution. 181. When any defendant shall be brought up for sentence after judgment, by default, confession, or retraxit, the prosecutor's affidavits shall be first read, then the defen- dant's affidavits, after which the counsel for the prosecution shall be heard, and lastly the counsel for the defendant. 182. If no affidavits are produced the counsel for the defendant shall be first heard and then the counsel for the prosecutor. Ereoe. 183. Error upon a judgment shall lie to the Queen's Bench Division. 184. No writ of error shall lie without the fiat of the Attorney-General having been first obtained. 185. The writ of error upon judgment given in inferior Courts, with the return thereto, shall be filed at the Crown Office. 186. Rule 179 shall apply to all judgments upon writs of error. 187. The plaintiff in error shall assign errors in person or by his solicitor, and if in person and in custody shall be brought up into Court for that purpose upon a writ of habeas corpus. 188. If the plaintiff in error assigns errors by his solicitor or in person and is not in custody, he may do so by delivering the assignment of errors in writing to be filed at the Crown Office. 189. If the plaintiff in error assigns errors in person and is in custody, he shall be brought into Court, and assign errors, and move that counsel may be assigned to him, and shall then deliver to the officer of the Court in writing the assignment of errors to be filed at the Crown Office. 190. Upon delivery of the assignment of errors under the last preceding Rule an order of Court shall be drawn up to commit the plaintiff in error to the Queen's Prison, until the decision of the Court upon the writ. 191. In misdemeanour the plaintiff in error need not assign errors in person, or have counsel assigned to him, or if in custody, be present at the hearing of the case or when judgment is given, unless the Court shall otherwise order. 192. An order for the Attorney-General or Queen's Coroner and Attorney to join in error within eight days after service may be drawn up at the Crown Office and be served, with a copy of the assignment of errors on the prosecutor or his solicitor. 193. If no joinder be filed within eight days, the plaintiff in error being personally present in Court, upon a certificate of notice having being given to the Attorney or Solicitor-General, signed by him or on his behalf, of such intended application, may move the Court for an order nisi for judg- ment ; and upon an affidavit of service of the order nisi upon the officer of the Court from whence error is brought, the Court may examine the record and give judgment of reversal, or such judgment as the Court from which error is brought ought to have done. 194. If no joinder be filed within eight days, and the plaintiff in error be in custody, he may be brought into Court by order if he be in the Queen's Prison, or by habeas corpus if elsewhere, and the plaintiff in error, or his counsel, may then move on an affidavit of service of the order to join in error, and that on search made at the Crown Office that it appears there is no joinder filed, for judg- ment for the plaintiff in error, and for the prisoner's discharge. 195. Joinder in error shall be filed at the Crown Office by the prosecutor, and a copy served on the plaintiff in error or his solicitor. 196. At any time after filing of the joinder in error the case may be put into the Crown paper for argument upon the application of either party. 197. Two paper books for the use of the Judges shall be delivered by the plaintiff in 16 SUPREME COURT OF JUDICATURE. [LAW J. error at the Crown office two d;iys before the day appointed for hearing. 19S. On judgment being given, an order, either for remanding the prisoners to un- dergo the remainder of their sentence, or for their discharge, shall be drawn up and lodged with the gaoler by the prosecutor. 199. Where a writ of error has been brought by the defendant and not by the Attorney-General, the defendant on the in- dictment on obtaining his writ of error, or consent for an appeal to the House of Lords, shall have the execution of the judgment stayed, and receive back the amount of any fine levied upon him upon the judgment, and further if in custody shall be entitled to be discharged from imprisonment on entering into a recognisance with two sufficient sure- ties to prosecute the writ of error in the Form No. 127 before a Judge of the High Court, or justice of the peace of the county, borough, or place where the defendant may be in custody. The bail to be justified in the usual manner, on twenty-four hours' notice to the prosecutor, or on such other notice as the Judge, or justice of the peace, may order. Provided that in the case of any defendant under legal disability, it shall be sufficient if two persons to be appointed to be approved of by such Judge or justice shall become bound by such recognisance on be- half of such defendant. 200. Every such recognisance shall be filed at the Crown Office, and the Queen's Coroner and Attorney, or the Master of the Crown Office, shall make out and deliver a certificate sealed with the seal of the office that such recognisance is duly filed of record, which certificate shall be a sufficient warrant to the gaoler having the custody of the plaintiff in error, to discharge him out of custody, and for the repayment of any fine which may have been imposed by the Court by the person having in his possession the whole or any part of the fine levied in execu- tion of such judgment. Provided that no person who shall have received any such money and have paid it over to any other person according to the course of the Ex- chequer shall be liable to repay to the defen- dant any part of the money so paid over. 201. If the plaintiff in error shall make default in prosecuting the writ of error with effect or in any other way break the condi- tions of, his recognisance, the Court may estreat the recognisance in a summary way without issuing a writ of scire facias, and order the writ of error to be quashed with- out any argument thereon, and in every such case the plaintiff in error shall forth- with be liable to execution upon the judg- ment. 202. Whenever any writ of error shall be brought for the reversal of any judgment in misdemeanour, and error shall be assigned thereon, no judgment of reversal shall be entered either for want of a joinder, or other- wise, without the order of the Court in which such writ of error shall be pending, pro- nounced in open Court ; and upon a certi- ficate, signed by or on behalf of the Attorney or Solicitor-General, that notice has been given to one of them of such intended appli- cation, and if there be no joinder in error such Court may proceed to examine the record in error, and give such judgment thereon as the Court from which error is brought ought to have done, although no joinder in error may have been filed. 203. Whenever the judgment against a plaintiff in error shall have been for the pay- ment of a fine, and imprisonment until such fine be paid, either with or without imprison- ment for a certain time, and the plaintiff in error shall have paid the fine, or the same or any part thereof shall have been levied and shall have been received back under the pro- visions of Rules 199 and 200, and the judg- ment upon writ of error brought shall be affirmed, the plaintiff in error shall not be entitled, by reason of such payment as afore- s-iid, to be discharged from imprisonment, notwithstanding the expiration of any certain time of imprisonment for which the original judgment shall have been given until the fine shall be again paid. 204. When a recognisance on bail in error shall have been estreated, or judgment been affirmed, or writ of error been quashed, on an affidavit or a certificate of the proper officer of the Court to any such effect, and that default has been made for the space of four days in rendering the plaintiff in error to prison, a Judge at chambers may issue his warrant to cause the defendant to be appre- hended and imprisoned pursuant to and in execution of the judgment on an ex parte application by the prosecutor. 205. Whenever a plaintiff in error shall be committed by the Court in execution of the judgment given against such plaintiff in error, and whenever a plaintiff in error shall, by virtue of any warrant or in other maimer, be rendered to prison in execution of such judgment, the imprisonment (if imprison- ment shall not have commenced under such execution) shall be reckoned to begin from the day when such plaintiff in error shall be in actual custody in the prison in which he may have been adjudged to be imprisoned under such judgment ; and if the plaintiff in error shall have been discharged from im- prisonment on giving bail in error, as is in these rules before mentioned, such plaintiff Vol. 55.J ORDERS AND RULES. 17 in error shall be imprisoned for such further period in the same prison as with the time during which such plaintiff in error may already have been imprisoned under such execution shall be equal to the period for which he was adjudged to be imprisoned as aforesaid. 206. Whenever default shall have been made in rendering a plaintiff in error to prison in execution of a judgment for mis- demeanour, and a warrant shall have been issued against such plaintiff in error to en- force such render to prison, according to the provisions of these rules, such plaintiff in error shall be liable to pay the costs and charges of such render ; and if the prose- cutor shall, before the expiration of the plaintiff in error's imprisonment, have caused the amount of such costs and charges to be ascertained by one of the masters at the Crown Office, and shall have left with the said plaintiff in error, and with the keeper of the prison or his deputy, a cer- tificate under the hand of such master, of the amount of such costs so ascertained, then the said plaintiff in error shall not be discharged out of custody until such costs and charges shall have been paid, or until an order for such discharge has been made by a Court exercising bankruptcy jurisdiction. Eekor toon Judgments in the Queen's Bench Division. 207. Every writ of error from a judgment of the Queen's Bench Division of the High Court shall be made returnable before the Court of Appeal, and served by delivery at the Crown Office. 208. Upon delivery of the writ of error the prosecutor shall enter the proceedings up to judgment on the roll, and carry it into the Crown Office, and if the prosecutor does not, within a reasonable time, carry in the roll, the plaintiff in error may obtain a Judge's order upon a summons to compel him to do so. 209. When the roll has been carried in, the plaintiff in error, on application to the Queen's Coroner and Attorney or the Master of the Crown Office, may obtain a memoran- dum or certificate of the allowance of the writ of error, for service upon the defendant in error or his solicitor. 210. The plaintiff in error, within twenty days after the allowance of the writ of error, shall make a transcript of the record on parchment and lodge it at the Crown Office, and if the record be not transcribed within such time the defendant in error may move the Court of Appeal for leave to sign judg- ment of non prosequitur at the Crown Office. 211. When the transcript has been lodged it shall be annexed to the writ of error, and Vol. 55. — Ordeks and Rules. (on a return made and signed by the Lord Chief Justice of England) delivered into the Court of Appeal by the proper officer at the Crown Office. 212. The plaintiff in error shall, within eight days after delivery of the record into the Court of Appeal, assign errors thereon. 213. Upon filing of the joinder in error the case shall be put into the list of appeals for argument, upon application of either party. 214. The rules as to assigning errors and subsequent proceedings up to judgment in the Queen's Bench Division shall apply to the Court of Appeal. 215. Upon the Judgment of the Court of Appeal being pronounced in favour of the plaintiff in error, the Court may either pro- nounce the proper judgment and order his discharge if in custody, or remit the record to the Queen's Bench Division, to be dealt with according to law. Appeals. 216. Order LVII1. of the Rules of the Supreme Court, 1883 (Appeals), shall apply to all civil proceedings on the Crown side, including Mandamus, Prohibition, and Quo warranto. Execution. 217. Order XLII. of the Rules of the Supreme Court, 1883 (Execution), shall, as fahaS it is applicable, apply to all civil pro- ceedings on the Crown side. The following Rules shall apply to all criminal proceedings on the Crown side : — 218. A judgment or order requiring any person to do any act other than the payment of money, or to abstain from doing anything, may be enforced by writ of attachment, or by committal. 219. No writ of execution shall be issued without the party issuing it or his solicitor filing a praecipe for that purpose. The praecipe shall contain the' title of the pro- ceeding and the date of the judgment to- order on which it is founded, the names of the parties against whom the execution is to be issued, and shall be signed by or on be- half of the solicitor of the party issuing it, or by the party issuing if he do so in person. 220. Every writ of execution shall be in- dorsed with the name and place of abode, or office of business, of the solicitor actually suing out the same ; and when the solicitor actually suing out the writ shall sue out the same as agent for another solicitor, the name and place of abode of such other solicitor shall be indorsed upon the writ, and in case no solicitor shall be employed to issue the writ, then it shall be indorsed with a memo- randum expressing that the same has been C 18 SUPREME COURT OF JUDICATURE. ("Law J. sued out by the party in person, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such residence, if any such there be. 221. Every writ of execution shall be made returnable immediately after the exe- cution thereof. 222. In every case of execution the party entitled to execution may levy the poundage, fees, and expenses of execution over and above the sum recovered. 223. Every writ of execution for the re- covery of money shall be indorsed with a direction to the sheriff or other officer or person to whom the writ is directed to levy the money really due and payable and sought to be recovered, with interest at the rate of 42. per cent, per annum from the time (when the judgment was entered up) or from the date of the order. 224. Every person to whom any sum of money or any costs shall be payable under a judgment, shall immediately after the time when the judgment was duly entered bo entitled to sue out one or more writ or writs of fieri facias, or one or more writs of elegit to enforce payment thereof. 225. Every order of the Court or a Judge in any cause or matter may be enforced in the same manner as a judgment to that effect. 226. A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided ; but such writ may, at any time before its expiration, by leave of the Court or a Judge, be renewed by the party issuing it, for one year from the date of such renewal, and so on from time to time during the continuance of the renewed writ either by being marked with a seal of the Court bearing the date of the day, month, and year of such renewal, or by such party giving a written notice of renewal to the sheriff, signed by the party or his solicitor, and bearing the like seal of the Court ; and a writ of execution so renewed shall have effect and be entitled to priority accord- ing to the time of the original delivery thereof. 227. The production of a writ of execution or the notice renewing the same, purporting to be marked with such seal as in the last preceding Rule mentioned, shewing the same to have been renewed, shall be sufficient evidence of its having been so renewed. 228. Writs of fieri facias and of elegit shall have the same force and effect as the like writs have heretofore had, except that a writ of elegit shall no longer extend to the goods of the debtor, and shall be executed in the same manner in which the liko writs have heretofore been executed. Writs. 229. All writs on the Crown side shall be issued at the Crown Office Department of the Central Office. 2iJ0. Every writ shall be prepared by the solicitor or party suing out the same, and shall be written or printed on parchment. Every writ shall, before being sealed, be in- dorsed with the name and address of such solicitor or party ; and, if sued out by the solicitor as agent, with the name and address of the principal solicitor also. With the ex- ception of writs of subpoena ad testifican- dum, all writs issued at the Crown Office shall be entered in a book to be there kept for the purpose. 231. Every writ except as hereinafter by these Rules provided shall bear date on the day on which the same shall be issued, and shall be tested at the Royal Courts of Justice, London, in the name of the Lord Chief Justice of England. 232. Every writ, unless by these Rules otherwise provided, issued by the Queen's Bench Division, when returnable in Court, shall be made returnable forthwith in such Division ; and such of the aforesaid writs as may be made returnable at chambers, shall be made returnable forthwith before a Judge at chambers, unless otherwise ordered : provided that every writ of habeas corpus ad subjiciendum shall be made returnable immediately. 233. Every order to return a writ shall require such return to be made within four days next after service of such order, if served in London or Middlesex, and within eight days in all other cases. Every writ returnable in Court shall, together with the return thereto, be filed in the Crown Office, and every writ returnable before a Judge shall, after the decision of the Judge thereon, be so filed, with the return and any order made thereon, or a copy of such order ; pro- vided that any writ of certiorari to remove inquisitions and depositions taken before a justice of the peace, or a coroner, upon the commitment of any person charged with any offence, shall, as soon as the Court or a Judge shall have exercised their or his discretion thereon, be transmitted to the clerk of assize or clerk of the peace, or other officer (as the case may be) of the county, borough, or place from which they have been received. 234. Every writ to compel an appearance shall require the appearance to be entered in the Crown Office on a day certain, and in case no appearance shall be entered at the Vol, 55.] ORDERS AND RULES. 19 end of four days, exclusive of the return day thereof, further process may issue to compel an appearance, which further process shall be tested on the return day of the previous process ; and every writ of capias ad satis- faciendum shall have eight days at least between such teste and return. Habeas Corpus. A. — Ad subjiciendum. 235. An application for a writ of habeas corpus ad subjiciendum may be made to the Court or a Judge. 236. If made to the Court the application shall be by motion for an order, which if the Court so direct may be made absolute ex parte for the writ to issue in the first in- stance ; or if the Court so direct they may grant an order nisi. 237. If made to a Judge he may order the writ to issue ex parte in the first instance or may direct a summons for the writ to issue. 238. Provided that no application for a writ of habeas corpus on a warrant of extra- dition shall be made to a Judge at chambers during the sittings. 239. The writ of habeas corpus shall be served personally, if possible, upon the party to whom it is directed ; or if not possible, or- if the writ be directed to a gaoler or other public official, by leaving it with a servant or agent of the person confining or restraining, at the place where the prisoner is confined or restrained, and if the writ be directed to more than one person, the original delivered to or left with such principal person, and copies served or left on each of the other persons in the same manner as the writ. 240. If a writ of habeas corpus be dis- obeyed by the person to whom it is directed, application may be made to the Court on an affidavit of service and disobedience for an attachment for contempt. In vacation an ap- plication may be made to a Judge in cham- bers for a warrant for the apprehension of the person in contempt to be brought before him, or some other Judge, to be bound over to appear in Court at the next ensuing sittings, to answer for his contempt, or to be committed to the Queen's prison for want of bail. 241. The return to the writ of habeas corpus shall contain a copy of all the causes of the prisoner's detainer indorsed on the writ, or on a separate schedule annexed to it. 242. The return may be amended or another substituted for it by leave of the Court or a Judge. 243. When a return to the writ of habeas corpus is made, the return shall first be read, and motion then made for discharging or remanding the prisoner, or amending or quashing the return. 244. On the argument of an order nisi for a writ of habeas corpus the Court may in its discretion direct an order to be drawn up for the prisoner's discharge, instead of waiting for the return of the writ, which order shall be a sufficient warrant to any gaoler or con- stable or other person for his discharge. 245. Upon the argument before the Court on the return of a writ of habeas corpus the party in whose favour judgment is given shall forthwith draw up an order in accord- ance with the decision of the Court at the Crown Office, and the writ and return and affidavits shall be filed there. When the order has been made by a Judge at cham- bers, the writ and return, with the affidavits and a copy of the Judge's order, shall be forthwith transmitted to the Crown Office to be filed. B. — Other Writs of Habeas Corpus. 246. Applications for writs of habeas cor- pus ad testificandum, 'ad respondendum, or ad deliberandum and recipias, must be made on affidavit to a Judge at chambers. 247. An application to bring up a prisoner to give evidence on any cause or matter civil or criminal before any Court, Justice, or other judicature, may be made to a Judge, on affidavit for an order. 248. An application for habeas corpus ad deliberandum and recipias shall be for two writs, the 'writ ad deliberandum to the gaoler to deliver the prisoner, and the writ recipias to the other gaoler to receive him. 249. When a prisoner is brought up by habeas corpus the counsel for the prisoner shall be first heard, and then the counsel for the Crown, and then one counsel for the prisoner in reply. Motions. 250. Order LI1. of the Rules of the Su- preme Court, 1883 (Motions), shall, as far as it is applicable, apply to all civil proceed- ings on the Crown side. The following rules shall apply to all proceedings on the Crown side : — 251. Unless the Court or a Judge give special leave to the contrary, there shall be at least two clear days between the service of a notice of motion and the day named in the notice for hearing it. 252. The following orders of course may be drawn up at the Crown Office without any motion for the same : — (a.) To appear, plead, and try (pursuant to recognisance). (6.) To plead (except pleading double or several matters). 20 SUPREME COURT OF JUDICATURE. [Law J. (c.) To demur, join in demurrer, plead any subsequent plea. (d.) To assign error. (e.) To join in error. (/.) To bring in body of prisoner under commitment from Queen's Bench Division, where a writ of habeas corpus is not neces- sary. ((/.) For habeas corpus in cases where pro- cess has issued from the Queen's Bench Division ; or where upon writ of error the attendance of the party is necessarily re- quired in Court, or chambers, or at the Crown Office by the Court itself. (A.) To a sheriff on a return of cepi corpus to bring in a prisoner within the proper time. (i.) To return writs. (j.) To tax costs. (k.) To return re-stated cases. (l.) To supersede attachment, or other process for compelling appearance where appearance has been entered. (m.) For certiorari by consent for orders of sessions where a case has been stated, on such consent being signed by the solicitor or agent for the opposite party. (91.) For an order nisi to quash orders or convictions removed by certiorari. (0.) To make submission to reference an order of Court. (p.) To make any other proceeding when necessary an order of Court. (q.) For a view. (*-.) To summon a special jury. (s.) To summon a jury on trial at bar. 253. All other orders shall, during the sittings, be made by the Court on motion supported by affidavit, but no affidavit shall be necessary for an order demandable as of right by the Crown, or where it is not ne- cessary to state matters of fact. 254. Except as may be otherwise provided by these rules, all applications on the Crown side shall be made by way of motion to a Divisional Court for an order nisi. 255. The following applications shall be made upon two clear days' notice of motion, and be brought on as if they were ex parte motions and not put into the Crown paper : — (a.) For time, enlargement, stay, or se- curity. (b.) To strike a case out of the Crown paper. (c.) To file a special case by leave of the Court. (d.) To accelerate a case in the Crown paper on the ground of urgency. (e.) To substitute a new relator on an in- formation quo warranto for the original relator. (/.) For costs to a defendant in criminal information to the amount of the recognisance. 250. When any motion is made under rulo 255 and founded on evidence by affidavit, a copy of such affidavit intended to be used shall be served with the notice of motion. 207. All cases of conviction and of orders, removed into Court from any inferior j uris- diction, shall be entered for argument upon an order to shew cause" why the conviction or order should not be quashed. 258. No order on the Crown side, except orders of course, shall be drawn up without the leave or order of the Court or a Judge, or of the Queen's Coroner and Attorney, or the Master of the Crown Office. 259. If on the hearing of a motion or other application the Court or a Judge shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice, the Court or Judge may either dismiss the motion or application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms, if any, as the Court or Judge may think fit to impose. 260. The hearing of any motion or appli- cation may from time to time be adjourned upon such terms, if any, as the Court or Judge shall think fit. Attachment for Contempt. 261. An application for an attachment for contempt shall be by motion for an order nisi. The service of an order nisi for an attachment shall be personal. 262. Every writ of attachment for con- tempt shall be made returnable in the Queen's Bench Division on a day certain during the sittings. In case of a return of non est inventus thereon one or more writs may issue tested on the return day of the previous writ. 263. If the sheriff returns cepi corpus, on application at the Crown Office, an order shall be drawn up for a writ of habeas corpus to issue to bring in the body of the defendant. 264. When the defendant is brought before the Court on the attachment, a motion may be made by the prosecutor, or, if be does not make it, by the defendant, that he may be sworn to answer such questions or interroga- tories as may be put to him by the prose- cutor, and must give such bail to answer them before the Quoen's Coroner and Attor- ney, or the Master of the Crown Office, as the Court may think fit, and for the Master to proceed to examine the matter and report to the Court thereon. 265. In default of bail the defendant shall be committed to the Queen's Prison, but if at any time after he be prepared to give it, he may be brought before the Court or a Judge on an order on the person in whose Vol. 55.] ORDERS AND RULES. 21 custody lie is, which ordor shall be drawn up on application at the Crown Office for that purpose. 2UG. On the defendant being sworn an order may be drawn up at the Crown Office, and served on the prosecutor to filo interro- gatories within four days after the service thereof. If no interrogatories are filed at the end of the fourth day, on obtaining a certificate from the Queen's Coroner and Attorney, or Master of the Crown Office to that effect, the defendant shall be discharged out of custody by an order of the Court or a Judge. 207. The answers to the interrogatories shall be signed by the defendant and also acknowledged by him before any Commis- sioner to administer oaths in the Supreme Court of Judicature. 268. On an intimation to one of the parties that the Master is prepared with his report, a motion may be made on a four days' notice to be served on the other party, that the Master on a day certain do make his report to the Court. 209. The defendant shall be present in Court on the Master's report being made ; if he be in the Queen's Prison under process from the High Court, an order may be drawn up on application at the Crown Office for the governor of the Queen's Prison to bring him into Coutt ; but if he be in custody in any other prison, or under pro- cess from any other Court, the order shall be for a writ of habeas corpus, which order may be drawn up in like manner, and such writ issued thereon. 270. If the defendant be out on bail, the prosecutor shall, if possible, give notice to the defendant and his bail that the defen- dant is required personally to attend the Court on the report, and that if he does not so attend the Court will be moved to estreat the recognisance. 271. If the defendant be reported in con- tempt, the Court after hearing the parties on the report may either pronounce sentence at once or commit him to the Queen's Prison until some future day for that purpose, when an order shall be drawn up at the Crown Office directing the governor of the Queen's Prison to bring the defendant into Court. 272. On proceeding to sentence, affidavits in mitigation or aggravation may be read, and the defendant or his counsel heard, and the prosecutor's counsel be heard in reply. 273. If the defendant be sentenced to im- prisonment, the order for sentence shall be lodged with the gaoler of the prison to which he is committed. 274. If the defendant is reported not to be in contempt, the Court may order him and his recognisances to be discharged, and with costs if the Court shall be of opinion that the prosecutor's complaint was ground- less and the attachment vexatious. 275. All interrogatories in writing on at- tachments shall be signed by counsel. 270. It shall be lawful for the Queen's Coroner and Attorney, or the Master of the Crown Office, to disallow any question or in- terrogatory that he considers irrelevant or otherwise improper. De Contumace Capiendo — Excommunicato Capiendo. 277. On a writ of de contumace or de ex- communicato capiendo being issued, it shall be handed to the Queen's Coroner and At- torney, or Master of the Crown Office (in open Court during the sittings, to be opened and indorsed and sent to the Crown Office), and the prosecutor's solicitor may then apply at the Crown Office for the writ and shall lodge it with the sheriff for execution. 278. On a return by the sheriff that he has taken the defendant, an application may be made to the Court on behalf of the defen- dant for an order ni remove into this Court a certain record of conviction [or order] under the hands and seals of A.B. and CD., Esquires, two of Her Majesty's Justices of the peace in and for the county of , made on or about tho day of , whereby E.F. was convicted of [or ordered to, ice. Here describe shortly the offence or substance of the Order}. [If for Order of /Sessions, say, a certain Order of Sessions made upon a certain appeal between [the Guardians of the Poor of the Poor Law Union], appellants, and [the Guardians of the Poor of Poor Law Union], respondents, touching the last place of legal settlement of I.K., a poor per- son chargeable to the said Union (or otherwise shortly describe the appeal)], on the grounds : — [If objection, on account of any omission or mistake in drawing up of Order or judgment insert grounds]. At the instance of Dated, &c. No. 10. Judge's Order for Certiorari for Con- viction, or Order of Justices, or Order of Sessions. [Heading as in No. 15.] Upon reading the affidavit of L.M., filed the day of , 188 , and upon hearing counsel [or the solicitors] on both Bides — It is ordered that a writ of Certiorari issue to remove into this Court a certain [as in the Summons No. 15]. No. 17. Certiorari to remove Conviction, Order of Justices, or Order of Sessions. Victoria, by tho grace of God, &c, to tho keepers of Our peace and Our Justices as- signed to hear and determine divers orimes, trespasses, and other offences committed within our county [or borough, or other juris- diction, its tlie. case mail lie] of and to every of thorn, greeting : Wo being will- ing for certain reasons that all and singular orders made by you or some of you [or if order of Justices, say by A.B. and CD., Esquires, two of Our Justices assigned as aforesaid (or if conviction, say all and singular records of conviction made, dbe., Vol. 55.] OEDEES AND RULES. 29 whereby)]. [Here shortly describe the substance of the order or offence, &c. to be removed] (as is said), be sent by you before Us, do command you and every of you, that you or one of you do send forthwith under your seals, or the seal of one of you, before VJs, in the Queen's Bench Division of Our High Court of Justice, at the Royal Courts of Justice, London, all and singular the said orders, with all tilings touching the same, as fully and perfectly as they have been made by you, or some of you, and now remain in your custody or power, together with this Our writ, that We may cause further to be done thereon what of right and according to the law and custom of England We shall see fit to be done. Witness, &c. To be indorsed. By Order of Court [or of Mr. Justice ]. At the instance of the within-named De- fendant [or as the case may be]. This writ was issued by, &c. No. 18. Recognisance to prosecute Certiorari for Conviction, Order of Justices, or Order op Sessions. Be it remembered, that on the day of ,188 ,H.F.,oi ,2V, 0., of , and P.Q., of , come before me, R.S., Esquire, one of Her Ma- jesty's Justices of the Peace in and for the county of , and acknowledge to owe to our Sovereign Lady the Queen the sum of fifty pounds of lawful money of Great Britain, to be levied upon their goods and chattels, lands and tenements, to Her Ma- jesty's use, upon condition that if the said M.F. shall prosecute with effect, without any wilful or affected delay, at his own proper costs and charges, a writ of Certiorari issued out of the Queen's Bench Division of Her Majesty's High Court of Justice, to remove into the said Court all and singular orders [or as the case may be. Insert description from Certiorari] and shall pay to the Pro- secutors, within one month next after the said orders shall be confirmed hi the said Court, all their full costs and charges, to be taxed according to the course of the said Court, then this recognisance to be void or else to remain in full force. Taken and acknowledged the day and year first aforesaid. Before me, [Signed, *° be dealt with according to law. Dated, &c. (Signed) Coleridge (Lord Chief Justice of England). To Mr. [Lewis] Tipstaff of the Queen's Bench Division of the High Court of Justice, and to all constables and other peace officers whom it may concern. 36 SUPREME COURT OF JUDICATURE. [LA"W J. No. 44. Warrant to admit to Bail on Indictment found in Queen's Bench Division. • In the High Court of Justice, Queen's Bench Division. England, to wit. Whereas it is certified to me by the proper officer in that behalf that [as in certificate, No. 41], These are, therefore, to command you forthwith to apprehend the said A.B., and to bring him before me or some other Judge of the High Court of Justice in chambers at the Royal Courts of Justice, London, or before one or more Justice or Justices of the peace near to the place where he shall be taken, to the end that he may find sufficient sureties for his immediate appearance in this Court, and forthwith to plead to the said in- dictment, "and to try the same at the then [or next] sittings of the said Court," and per- sonally to appear in the said Court on the trial of the said indictment [or information], and also upon the return of the postea, if he shall be convicted, and be further dealt with according to law. Dated, &c. (Signed) Coleridge (Lord Chief Justice of England). Note. — This Warrant may also be used in the case of an indictment removed into the Court by certiorari against any defendants, not parties to the removal and not under recog- nisance, to answer in this Court, by omitting the words " and to try the same at the then [or next] sittings of the said Court." No. 45. Warrant of Committal. In the High Court of Justice, Queen's Bench Division. Whereas by my warrant [or the warrant of the Honourable Mr. Justice ], dated the day of , 1880, after reciting that it had been certified to me [or him] that [as in the certificate], I [or he] com- manded , the tipstaff of this Court, and all constables and other peace officers whom it might concern, forthwith to apprehend the said A.B. and bring him be- fore me [or the said Judge] or some other Judge of the High Court, or before some one or more Justices of the peace in and for the county of , to be dealt with according to law. And whereas the said A.B. has been ap- prehended under and by virtue of the said warrant, and being now brought before me [if before a Justice of the peace add one of Her Majesty's Justices of the peace in and for the county of ], it is here- upon duly proved to me upon oath, that the said A.B. is the same person who is named and charged in and by the said indictment : These are therefore to command you to whom this warrant is addressed, forthwith to take and lodge the said A.B. in the prison at F. in the county of , together with this warrant, there to be imprisoned by the gaoler of the said prison until he shall be discharged by due course of law. Dated, &c. (Signed) Coleridge (Lord Chief Justice of England) [err, if by a Justice of the peace, to be signed and sealed by him]. To No. 46. Notice to Defendant to appear to In- formation IN PURSUANCE OF UNDERTAK- ING IN ENLARGED ORDER. (Copy the enlarged Order containing the un- dertaking to appear, and write the following notice at the foot.) In the High Court of Justice, Queen's Bench Division. (/Somersetshire.) The Queen v. B.E. Take notice, that in pursuance of the above Order, an information has been filed in the Queen's Bench Division of Her Majesty's High Court of Justice against the above- named defendant for certain misdemeanours. And that he is hereby required to cause an appearance to be entered in the said Court thereto immediately in pursuance of his undertaking contained in the above Order. And in default thereof the said Court will be moved on the day of , or so soon after as counsel can be heard, that the prosecutor be at liberty to enter an ap- pearance thereto for the said defendant, and to sign judgment against him [or that an attachment may issue against him for his contempt in not performing his said under- taking]. Dated, <&c. (Signed) M.N., of L., agent for G.H., of Y., solicitor for the prosecution. To B.B., the above-named defendant, and to , his solicitor or agent. If it is intended to apply for an attachment, tliis notice must be served personally. Vol. 55.] ORDERS AND RULES. 37 No. 47. Notice of Bait, to avoid Arrest. [Heading as in No. 40.] Take notice that the above-named defen- dant will appear before a Judge in chambers at the Royal Courts of Justice, London [or before a Justice of the peace in and for the county of at ], on the day of , 188 , at the hour of in the noon, and will then enter into his own recognisance, and put in bail to appear in this Court on the day of , 188 , to the in- dictment found against him in this prosecu- tion for certain misdemeanours, and to plead thereto, and try the same at the present [or next] [Trinity] sittings of ihilligh Court [omit words in italics if indictment not found in this Court], and personally to appear at the trial of the said indictment [or information], and on the return of the postea, if it be necessary, and so from day to day, and not to depart without leave of the Court. And the names and descriptions of such bail are A.B. of, &c, and CD., of, &o. Dated, &c. (Signed) M.N., of T., agent for X. Y., of S., solicitor for the above-named de- fendant. To CD., the prosecutor, or to Mr. F. , the solicitor or agent for the prosecutor. [This )iotice is nut required on obtaining a certiorari to re ; ovc an indictment, or on cer- tiorari for comnetion or Orders, unless ordered by the Court or Judge on granting the cer- tiorari.] No. 48. Recognisance to answer Indictment, or Information. Be it remembered, that on the day of , 188 , A.B., CD., undE.F., come before me, G.U., Esquire, one of Her Majesty's Justices of the Peace for the county of , and acknowledge to owe our Sovereign Lady the Queen the several sums following (that is to say) : — The said A.B. the sum of pounds, the said CD. and the said E.F. the sum of pounds each, of lawful money of Great Britain, to be levied upon their several goods and chattels, lands and tenements, to Her Majesty's nee, upon condition that if tho said A.B. shall appear in the Queen's Bench Division of Her Majesty's High Court of Justice, at the Royal Courts of Justice, London, forthwith, and answer an indict- ment [or information] against him for certain [misdemeanours] according to the course of the said Court, and try the same at the pre- sent [or neri] sittings of the said Court [omit words in italics if indictment found elsewhere than in this Court], or so soon after as the case can be heard, and shall personally ap- pear from day to day on the trial of the said indictment, and not depart until he shall be discharged by the Court before whom such trial shall be had, and shall appear from day to day on the return of the postea in the said Court, if it be necessary, and not depart until discharged by such last-mentioned Court, then this recognisance to be void or olse to remain in full force. Taken, &c. No. 49. Notice to be indorsed on Copy Indict- ment, or Information, to be served on a Defendant in Prison for want of Bail to Answer,. In the High Court of Justice, Queen's Bench Division, (Devonshire) The Queen against J.J. Take notice, that unless you shall, within the space of eight days next after the de- livery hereof, cause an appearance, and also a plea or demurrer to be entered in this Court to the within information [or indict- ment], an appearance, and a plea of Not Guilty will be entered thereto, in your name, pursuant to the rule in that case made and provided, and that the issue to be joined thereon will be tried at the next Assizes to be holden in and for the county of , [or at tho present] [or next] [Hilary] sittings of the High Court of Justice. Dated, ago, that is to say [here 1886, No. J copy the caption of the in- dictment, and the indictment verbatim, accord- ing to the office copy, omitting the witnesses' names], [which said Indictment our said Lady the Queen afterwards for certain reasons caused to be brought before her, to be de- termined according to the law and custom of England.]* Wherefore the sheriff of the said county of was commanded that he should cause him the said A .B. [the Defendant] to come to answer to our said Lady the Queen, touching and concerning the premises afore- said. [If a capias has been issued say instead of "cause him the said A.B. to come," "take him. "]f J And now, that is to say, on the day of in the year of our Lord one thousand eight hundred and eighty-six, before our said Lady the Queen in the Queen's Bench Division of Her Majesty's High Court of Justice, at the Royal Courts of Justice, London, comes the said A.B. by CD., his solicitor, and having heard the said indict- ment read, he says that he is not guilty thereof, and hereupon he puts himself upon the country. § And Frederick Cockburn, Esquire, Coroner and Attorney of our said Lady the Queen, in the said Queen's Bench Division of Her Majesty's High Court of Justice, before the Queen herself, who for our said Lady the Queen in this behalf pro- secutes, does the like. Therefore let a jury thereupon come. || And afterwards, that is to say, on the day of in the year of our Lord one thousand eight hundred and eighty- six, at the Royal Courts of Justice, London, before the Right Honorable John Duke Baron Coleridge, Lord Chief Justice of Eng- land, come as well the aforesaid Frederick Cockburn, Esquire, who for our said Lady the Queen in this behalf prosecutes, as the Baid A.B. by CD., his solicitor above- mentioned, and the jurors of the jury being summoned and called, to wit [here insert the * Award of Certiorari. This must be omitted when the indictment is found in this Court. f Award of venire or capias to answer. j Issue. § For other pleas see Nos. 79 to 86 and 113, arid suggestions fur change of venue, Nos. 94 to 99. || Fostea. For other forms see Nos. 104 and 105. 54 SUPEEME COUBT OF JUDICATURE. [Law J. names and descriptions of the jurors, and if a tales, add the necessary words from No. 104], come and are sworn upon the said jury. Whereupon public proclamation is made here in Court for our said Lady the Queen, as the custom is, that if there be any one who will inform the aforesaid Chief Justice, the Queen's Attorney-General, or the jurors aforesaid, concerning the matters within con- tained, he should come forth and should be heard ; and hereupon F.T., Esquire, one of the counsel of our said Lady the Queen, offers himself on behalf of our said Lady the Queen to do this. Whereupon the Court here proceeds to the taking of the inquest aforesaid, by the jurors aforesaid now here appearing for the purpose aforesaid, who being chosen, tried, and sworn, to speak the truth touching and concerning the matters aforesaid, say upon their oath that the said A.B. is guilty of the premises in the second and third counts of the indictment within specified and charged upon him in manner and form as in the said indictment is alleged against him, and that he the said A.B. is not guilty of the premises in the first and fourth counts of the said indictment specified and charged upon him in manner and form as the said A.B. has by pleading for himself alleged. * Whereupon all and singular the premises being seen and fully understood by the Queen's Bench Division of Her Majesty's High Court of Justice now here. It is con- sidered and adjudged by the said Court here that he the said A.B., for his offences afore- said be taken, and so forth. t And afterwards, that is to say, on the day of in the year last afore- said, before our Lady the Queen in the Queen's Bench Division of Her Majesty's High Court of Justice at the Royal Courts of Justice, London, come the said F.O., who for our said Lady the Queen in this behalf prosecutes. And the said A.B. being present here in Court, it is considered and adjudged and ordered by the said Court here, that he the said A.B., for his offences aforesaid, &c. [Copy the sentence from the Order of Court]. * Entry of judgment upon verdict after con- viction. f Final judgment. No. 113. Entry of Plea of Guilty ok Confession. [Instead of " says he is not guilty "] says he cannot deny but that he is guilty of the pre- mises in the indictment within specified and charged upon him, and confesses and acknow- ledges the premises aforesaid, in manner and form as in and by the said indictment is within alleged against him ; and hereupon he puts himself upon the mercy of our said Lady the Queen. No. 114. Entry of Retraxit of Plea and Judg- ment THEREON. And on the day of before our said Lady the Queen in the Queen's Bench Division of Her Majesty's High Court of Justice at the Royal Courts of Justice, London, comes the said Frederick Cockburn, who for our said Lady the Queen in this behalf prosecutes, as the said A.B., hy CD., his solicitor [or in his own proper per- son], and the said A.B. having withdrawn his plea by him above pleaded, in manner and form aforesaid, our said Lady the Queen re- mains against him the said A.B. without de- fence in this behalf. Whereupon all and singular the premises being seen and fully understood by the said Queen's Bench Divi- sion now here, it is considered and adjudged by the said Court here that he, the said A.B. , be convicted of the trespass and offence aforesaid, and that he be taken, and so forth. No. 115. Entry of Judgment upon Verdict after Acquittal. [After the Postea.]— Whereupon all and singular the premises being seen and fully understood by the Queen's Bench Division of Her Majesty's High Court of Justice now here. It is considered and adjudged by the said Court here, that he, the said A.B., do depart hence without day in this behalf. No. 116. Entry of Judgment by Default. And now, that is to say, on the day of in the year of our Lord one thousand eight hundred and eighty-five, be- fore our said Lady the Queen in the Queen's Bench Division of Her Majesty's High Court of Justice at the Royal Courts of Justice, London, comes the said A.B. [by CD. his solicitor], and having heard the said indict- ment read, he prays a day to answer thereto, until on the day of . And it is granted to him. The same day is given as well to F.C, Esq., Coroner and Attorney of our said Lady the Queen, who for our Vol. 55.] ORDERS AND RULES. 55 said Lady the Queen in this behalf prose- cutes, as to the said A.B. On which said day of before our said Lady the Queen comes the said F.C., who pro- secutes for our said Lady the Queen in this behalf in his proper person. And the said A.B., although being solemnly called to answer, does not come, nor does he say any- thing in bar, or in abatement of the said in- dictment, nor does he in any manner answer to the said indictment, or to the premises in the said indictment specified above charged upon him. Wherefore our said Lady the Queen remains against him the said A.B., without defence in this behalf. Whereupon all and singular the premises being seen and fully understood by the said Court now here, it is considered and adjudged by the said Court here that the said A.B. be convicted of the trespass and offence aforesaid, and that he be taken, and so forth. No. 117. Entry of Judgment on Confession. [See Confession or Plea of Guilty,-No. 113.] Whereupon all and singular the premises being seen and fully understood by the Queen's Bench Division of Her Majesty's High Court of Justice now here. It is con- sidered and adjudged by the said Court here, that he, the said A.B., be convicted of the trespass and offence aforesaid. And that for his offences aforesaid he be taken, and so forth. No. 118. Entry of Judgment fob want of Joinder in Demurrer. Whereupon all and singular the premises being seen and fully understood by the Queen's Bench Division of Her Majesty's High Courts of Justice now here, for that no one comes on behalf of our said Lady the Queen [or on behalf of the said A.B., as the case may be], further to inform the Court here of the premises, or to join in demurrer with the said A.B. It is considered and adjudged by the said Court here, that the said A.B. be dismissed and discharged of and from the premises above specified in the said indictment, and that he depart hence with- out day in this behalf. [The above is- in case of demurrer to indict- ment ; in case of demurrer to other proceedings, judgment after conviction, or acquittal, or for the Crown or prosecutor, or for defendant, must be substituted, as the case may be.] No. 119. Entry of Judgment on Demurrer after Argument. Whereupon all and singular the premises being seen and fully understood by the Queen's Bench Division of Her Majesty's High Court of Justice now here, it is con- sidered and adjudged, by the said Court here, that the said plea of the said A.B. is bad, and insufficient in law to bar or preclude our said Lady the Queen from further pro- secuting the said A.B. upon the said infor- mation [or indictment], and therefore that the said A.B., for want of a sufficient plea in this behalf, be convicted of the premises in the information [or indictment] within speci- fied, and charged upon him in manner and form as in and by the said information [or indictment] is within alleged against him. And that for his offences aforesaid he be taken and so forth. [The above form applies to judgment of con- viction upon demurrer to plea to indictment or information. In case of judgment on demurrer to any other proceeding or pleading, the form must be varied accordingly — substituting a judgment of acquittal.] No. 120. Entry of a Nolle Prosequi. Afterwards on the day of , before our said Lady the Queen at the Royal Courts of Justice, London, come as well the said Coroner and Attorney of our said Lady the Queen, in the Queen's Bench Division of Her Majesty's High Court of Justice, who for our said Lady the Queen in this behalf prosecutes in his proper person, as the said A.B., by his solicitor. And the said Coroner and Attorney for our said Lady the Queen says that he will not further pro- secute the said A.B. upon the information [or indictment] aforesaid. Whereupon all and singular the premises being seen and fully understood by the Court now here, it is considered and adjudged by the said Court here that all proceedings upon the said information [or indictment] against the said A.B. be altogether stayed, and that the said A.B. be discharged of and from the said information [or indictment.] [In the case of an information filed by the Attorney-General, his name must be used instead of that of the Queen's Coroner and Attorney.] 56 SUPREME COURT OF JUDICATURE. [Law J. No. 121. Recognisance to appear for Sentence. Be it remembered, that on the day of 188 , [insert names and de- scriptions of the defendant and bail, if bail required], come before me, one of Her Majesty's Justices of the peace in and for the county of , and acknowledge to owe our Sovereign Lady the Queen the several sums following (that is to say), the said the sum of pounds, and the said and the sum of pounds, each of lawful money of Great Britain, to be levied upon their several goods and chattels, lands and tenements, to her Majesty's use, upon condition that if he the said shall personally appear in the Queen's Bench Division of Her Majesty's High Court of Justice on the day of next, or whenever he shall thereto be required in order to receive the sentence of the said Court for certain whereof he is indicted [or impeached], and by a jury of the country [or by his own default or confession] convicted, and so from day to day, and not depart that Court with- out leave, then this recognisance to be void, or else to remain in full force. Taken, &c. No. 122. Notice to call a Defendant on Recog- nisance to appear for Sentence. In the High Court Of Justice. Queen's Bench Division. [Middlesex.] — The Queen. A.B. Take notice that the Queen's Bench Divi- sion of Her Majesty's High Court of Justice will be moved on the day of 188 , or so soon after a3 counsel can be heard for the judgment of the said Court against the above-named defendant for cer- tain [conspiracies] whereof he (with others) is indicted and by a jury of the country [or by his own default or confession, as the case may be] convicted. And that he, the said defendant, is hereby required personally to attend the said Court in order to receive judgment as aforesaid. And in case the said defendant does not then attend, the said Court will be moved that his default may be recorded, and that the recognisance of the said defendant and of his bail, entered into in this prosecution, be estreated into the Exchequer. Dated, &c. (Signed) M.N. [Solicitor for the Prosecutor.] To A.B., the above-named defen- dant ; and also to CD., of, &c, and E.F., of, &c, his bail. No. 123. Judgment for the Crown on Quo War- ranto after Trial with a Jury. In the High Court of Justice, Queen's Bench Division. [Middlesex.] — The Queen, on the relation of A.B., against CD. 15th April, 1886. The information in this prosecution having, on the 12th and 13th days of April, 1886, been tried before the Honourable Mr. Justice with a [special] jury of the county of , and the jury having found [state findings as in officer's certificate], and the said Mr. Justice having ordered that judgment be entered for the Crown with costs [or as the case vuiy be] : Therefore it is adjudged that the defendant CD. do not in any manner intermeddle with or concern himself about the office, liberties, privileges, and franchises in respect of which the said information has been filed, but that he be absolutely forejudged and excluded from exercising, or using the same or any of them for the future. And that the said A.B., the relator above-mentioned, do recover against the said CD. his costs in this behalf to be taxed. The above costs have been taxed and allowed at £ as appears by the Master's allocatur dated the day of 1886. No. 124. Judgment for the Crown on Mandamus after Trial with a Jury. In the High Court of Justice, Queen's Bench Division. [Insert name of county] — The Queen, on the prosecution of A.B., plaintiff, against CD., defendant. 30th March, 1886. The issue on this writ of mandamus having Vol. 55. J OliDERS AND EULES. 57 on the clay of 1886, been tried before the Honourable Mr. Justice , with a [special] j ury of the county of , and the jury having found [state findings as in officer's certificate'], and the said Mr. Justice having ordered that judg- ment be entered for the Crown with costs [or as the case may be]. Therefore it is adjudged that a peremptory writ of man- damus be awarded in this behalf, and that the plaintiff do recover against his costs to be taxed. The above costs have been taxed and allowed at £ as appears by the Master's allocatur dated the day of 1886. No. 125. Attorney-General's Fiat for Writ of Error on Indictment at Sessions. [Covmty] — Let a writ of error, on behalf of the defendant A.B., issue directed to the keepers of the peace and Justices assigned to hear and determine divers crimes, trespasses, and other offences committed in the county of upon a certain indictment against the said A.B. for certain [misde- meanours] whereof he was before them in- dicted, and by a jury of the county afore- said convicted. And whereupon judgment has been pronounced against him the said A.B. Returnable in the Queen's Bench Division of Her Majesty's High Court of Justice. Dated, &c. (Signed) Richard Webster (Attorney-General. ) * If indictment at borough sessions say : — • Directed to X.Y., Esquire, the recorder of the borough [or city] of , in the county of , our Justice assigned, &c. No. 126. Writ of Error to Inferior Court. Victoria, by the Grace of God, &c, to Our keepers of the peace and Our Justices assigned to hear and determine divers crimes, trespasses, and other offences com- mitted within Our county of [or to F.P., Esquire, Recorder of Our borough of , in the county of , Our Justice assigned, &c, or if assizes say, Our Justices of Oyer and Terminer in and for Our county of , or if Central Vol. 55.— Orders and Bules. Criminal Court say, Our Justices of the Central Court], greeting : Forasmuch as in the record and proceedings and also in the giving of judgment in a certain presentment made against E.F. at a sessions of the peace in and for the said county of [or said borough of ] [held by adjourn- ment, if so] at on [Tues]day the day of in the year of our Lord one thousand eight hundred and eighty-six, before [insert the names of some of the Justices] and others their associates, then Our Justices assigned to keep the peace in Our said county, and also to hear and de- termine divers crimes, trespasses, and other offences in the said county committed [or before the said F.P., Our recorder assigned, &c. If the indictment was tried at the assizes or Central Criminal Cvart this recital must be varied according to the caption of the indict- ment] for certain felonies [or misdemeanours] in [here shortly describe the nature of the offence] whereof the said E.F. was accused before the said [here repeat description of Court as above] and was thereupon convicted thereof, by a certain jury of the country taken between Us and the said E. F. , as it is said, manifest error hath intervened to the great damage of the said E.F., as by his complaint We are informed. We being willing that the said error (if any there be) should in, due manner be corrected, and full and speedy justice done to the said E.F. .in this behalf, do command you that if judg- ment be thereupon given, then you send to Us distinctly and openly under your seals or the seal of one of you, the record and pro- ceedings aforesaid, with all things concerning the same, with this writ, so that We may have them before Us on the day of next, in the Queen's Bench Division of Our High Court of Justice at the Royal Courts of Justice, London, that the record and pro- ceedings aforesaid being inspected, viewed, and examined, We may cause further to be done thereupon for correcting that error, what of right and according to law and custom of our realm of England ought to be done. Witness Ourself at Westminster the day of in the of Our reign. (Signed) Esher, (Master of the Rolls). Indorsement. By Sir Richard Webster, Knight, Attorney- General for Our Lady the Queen. H 58 SUPREME COURT OF JUDICATURE. [Law J. No. 127. Recognisance to prosecute Writ op Error. Be it remembered, that on the day of 188 , T.H., late of , in the county of , hut now a pri- soner in the custody of [the gaoler of Her Majesty's prison at , in and for the county of ], and H.K., of , [merchant,] and F.S., of , [farmer,] come before me[one of her Majesty's Justices of the peace for the county of (or as the case may be)], and acknowledge to owe to our Sovereign Lady the Queen the several sums following ; that is to say, the said T.H. the sum of pounds, and the said H.K. and F.S. the sum of pounds each, of lawful money of Great Britain, to be levied upon their several goods and chattels, lands and tenements, to Her Majesty's use, upon condition that the said T.H. do prosecute with effect a writ of Error [or Appeal to the House of Lords ; or, if writ not obtained, any writ of Error which may hereafter be] issued to reverse the judg- ment given against the said T.H. at [the last general quarter sessions of the peace in and for the county, holden at on or as the case may be], upon an indictment for certain misdemeanours, and personally to appear in the Queen's Bench Division of Her Majesty's High Court of Justice [or in Her Majesty's Court of Appeal] on the day where- on judgment shall be given upon the said writ of Error. And also, if so ordered by the said last-mentioned Court or by a Judge thereof, four days' notice being given either to the said T.H. or his solicitor, or to the bail personally, or by leaving the same at his or their last known place of abode, on the days and times appointed for any proceedings upon the said writ of Error, and so from day to day, and not to depart that Court without leave, and forthwith to render the said T.H. to prison according to the said judgment, in case the said judgment shall be affirmed, then this recognisance to be void or else to remain in full force. Taken, &c. No. 128. Affidavit for Habeas Corpus to assign Errors. In the High Court of Justice, Queen's Bench Division. (Lincolnshire). A.B., Plaintiff in Error, against The Queen, Defendant in Error. I, CD., of , make oath and say : — 1. That at [the general quarter sessions of the peace], held at in and for the county of > A-B._ was convicte(1 upon an indictment against him for and sentenced by the said Court of [quarter sessions], to be [imprisoned, or as the case may be]. 2. That a writ of Error has been granted by the Attorney-General, and issued, return- able in this Court on the day of 188 , 3. That the said A.B. is now in custody of the gaoler of the prison at [as tlw case may be]. And that it is necessary that the said A.B. should be brought before this honourable Court in order that he may assign errors on the return of the said writ. Sworn, &c. No. 129. Assignment of. Errors. \Heading as in No. 128.] And now, that is to say, on the day of , in the year of our Lord one thousand eight hundred and eighty-six, be- fore our said Lady the Queen, at the Royal Courts of Justice, London : Comes the said A.B. [in his own proper person], or, by [CD., his solicitor], and says, that in the record and proceedings aforesaid, and also in the giving of the judgment against the said A.B., there is manifest error in this, to wit : — That [here set out the first cause of error] therefore in that there is manifest error. There is also error in this, to wit : — That [set out the second cause of error, and so on, specifying all the assignments of error, com- mencing and concluding each assignment in tlie same form as above ; and lastly, as general as- signments, may be added as follows] : There is also error in this, to wit : That the indict- ment and proceedings aforesaid and the mat- ters therein contained are not sufficient in law to warrant the said judgment so given against the said A.B., or to convict him of the trespasses, contempts, nuisances, or offences aforesaid fas the case may be], or any or either of them, therefore in that there is manifest error. There is also error in this, to wit : That the judgment aforesaid in form aforesaid is given for our said Lady the Queen. Whereas the said judgment by the law of this realm ought to have been given against our said Lady the Queen and for the said A.B., therefore in that there is manifest error, and the said A.B. prays that the judgment afore- said for the said errors, and other errors ap- pearing in the record and proceedings afore- Vol. 55.] ORDERS AND RULES. 59 said may be reversed, annulled, and wholly held for nothing, and that he may be restored to all things which by reason of the judgment and proceedings aforesaid he has lost. (Signed) X.Y. No. 130. JOINDER IN ERROR. {Heading as in No. 128.] And Frederick Cockburn, Esquire, Coroner and Attorney of our said Lady the Queen, in the Queen's Bench Division of Her Majesty's High Court of Justice, before the Queen her- self, who for our said Lady the Queen in this behalf prosecutes, being present here in Court and having heard the matters aforesaid above assigned for error in manner and form afore- said for our said Lady the Queen, says, that neither in the record and proceedings afore- said nor in the giving of judgment aforesaid is there any error, therefore the said Coroner and Attorney of our said Lady the Queen, for our said Lady the Queen, prays that the Court now here may proceed to examine as well the record and proceedings aforesaid and the judgment thereon given as aforesaid, as the matters above assigned and alleged for error, and that the judgment aforesaid may in all things be affirmed. No. 131. Entry of Judgment of Affirmance on Writ of Error. Whereupon the Queen's Bench Division of Her Majesty's High Court of Justice, before the Queen herself, now here having seen and fully understood all and singular • the pre- mises aforesaid, and having examined and inspected as well the record and proceedings aforesaid, and the judgment thereon given as aforesaid, as the matter above assigned and alleged for error, it appears to the Court here, that neither in the record and proceed- ings aforesaid, nor in giving the judgment aforesaid, is there any error. Therefore, it is considered and adjudged by the said Court here that the said judgment be in all things affirmed. No. 132. Entry of Reversal of Judgment on Writ of Error. [As inform 131 to the words " it appears"] to the said Court here, that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error- Therefore, it is considered and adjudged by the said Court here, that the judgment afore- said for the errors aforesaid, and for other errors, appearing on the record and proceed- ings aforesaid, be reversed, annulled, and altogether held for nothing. And that the said T.B. be restored to all things which by reason of the judgment and proceedings aforesaid he has lost, and that he depart hence without day in this behalf. * * In misdemeanour when the judgment of the Court below is amended, vary this form accord- ingly. No. 133. Entry of Judgment for want of Joinder in Error. Whereupon all and singular the premises being seen and fully understood by the Queen's Bench Division of Her Majesty's High Court of Justice now here, for that no one comes on behalf of our said Lady the Queen further to inform the Court here of the premises, or to join in error with the said A.B., it is considered and adjudged by the said Court here that the record and proceed- ings aforesaid, and the judgment thereupon given, for the errors assigned, and for other errors appearing in the said record and pro- ceedings, be reversed and annulled, and that the said A.B. be restored to all that he has lost on occasion of the said judgment, and that he depart hence without day in this be- half. No. 134. Attorney- General's Fiat for Writ of Error on Information, or Indictment, in Queen's Bench Division, &c. [.Here insert name of county.] Let a writ of Error on behalf of E.Y., issue directed to the Right Honourable John Duke Baron Coleridge, Lord Chief Justice of England, and the Honourable the other Justices of Her Majesty's High Court attached to the Queen's Bench Division, upon a certain in- formation [or indictment] filed in the said Queen's Bench Division, against the said E. Y. for certain misdemeanours whereof he is impeached [or indicted] and by a jury of the county aforesaid [or for want of a sufficient plea] convicted, as it is said. And whereupon judgment has been pronounced against him. Dated, &c. 60 SUPREME COURT OF JUDICATURE. [Law J . No. 135. Writ op Eeeoe on Infoemation filed, oe Indictment found, in Queen's Bench Division. Victoeia, by the Grace of God, &c. To Our right trusty and well-beloved John Duke Baron Coleridge, Our Chief Justice of England, the President, and others Our Justices of Our High Court attached to the Queen's Bench Division of Our said High Court, greeting : Forasmuch as in the record and proceedings and also in the giving of judgment upon a certain information ex- hibited in [or upon a certain indictment found and filed in *] Our said Court before us against J.W., for certain [misdemeanours], whereupon by a jury of the [county of Mid- dlesex] taken between Us and the said J. W. before [you the said John Duke Baron Coleridge, Our Chief Justice aforesaid] [or if before some other Judge here insert his name] he is convicted, as it is said, manifest error has intervened to the great damage of the said J. W., as by his complaint We are in- formed. We, therefore, being willing that the said error (if any there be) be duly amended, and full and speedy justice done to the said J. W. in this behalf, do command you that if judgment be given thereupon, then you send to Us distinctly and openly forthwith under your seal, or the seal of one of you, to Our Lords Justices of AppealL n- Our Court of Appeal, a transcript of the record and proceedings of the nformation [or indictment] aforesaid, with all things touching the same and this writ, that the said transcript and proceedings being in spected, viewed, and examined by Our Lords Justices of Appeal aforesaid, they may cause further to be done thereupon what of right and according to the law and custom of Eng- land shall be meet to be done. Witness Ourself at Westminster the day of in the year of Our reign. (Signed) ESHER, (Master of the Rolls). Indorsement as in No. 126. *If the writ of Error be upon an indictment removed by Certiorari : — upon a certain indictment against A.B. for certain [misdemeanours] whereof before Our keepers of the peace and Justices assigned to hear and determine divers crimes, trespasses, and other offences committed in Our county of at the general quarter sessions of the peace held in and for the said county on the day of he was indicted, and which said indictment We afterwards for certain reasons caused to be brought before Us in the Queen's Bench Division of Our High Court of Justice to be determined according to the law and custom of England. Whereupon, &c. *If the writ of Error be upon a judgment affirming mi error the judgment of an Inferior Court : — • upon a certain indictment against A.B. for certain [misdemeanours] whereof before Our keepers of the peace and Justices assigned to hear and determine divers crimes, trespasses, and other offences committed in Our county of at the general quarter sessions of the peace held in and for the said county on the day of in the year of Our Lord, &c, he was indicted, and by a jury of the said county convicted, and by reason of an alleged error the record and proceedings were removed into the said Queen's Bench Division, where the judgment aforesaid was affirmed, as it is said manifest error has thereby intervened to the great damage of the said A.B. as by his complaint We are informed. No. 136. Memorandum of Allowance of Wkit of Ereoe. In the High Court of Justice, Queen's Bench Division. Middlesex. — The Queen against A.B. I have allowed a writ of Error in this pro- secution this day of 188 . (Signed) CD. [Title of Officer.] No. 137. Statement of some paeticulae Ground of Eeroe to be engeossed on copy of above for Service. One of the grounds of error intended to be argued is [here state particular ground]. No. 138. Weit of Fieei Facias on Oeder foe Costs. Victoria, by the Grace of God, &c, to the sheriff of , greeting : We com- mand you that of the goods and chattels of A.B. in your bailiwick, you cause to be made the sum of for certain Vol. 55.] ORDERS AND RULES. Gl costs which by an order of the Queen's Bench Division of Our High • Court of Justice, dated the day of , 188 , were ordered to be paid by to and which have been taxod and allowed at the said sum, as appears by the allocatur of one of the Taxing Masters, to- gether with interest on the said sum at the rate of 41. per centum per annum from the day of 188 ,* and that you have the said money before Us in Our said Court immediately after the execution hereof to be rendered to the said for his costs as aforesaid, and how you shall have executed this Our writ then and there make known to Us in Our said Court immediately after the execution thereof, and have then there this Our writ. Witness, &c. To be indorsed. Levy £ and £ for costs of exe- cution, &c, and also interest on £ at 41. per centum per annum, from the day of , 188 , until payment, be- sides sheriff's poundage, officers' fees, costs of levying, and all other legal incidental expenses. This writ was issued by M.N., of L., agent for O.H., of Y., solicitor for who resides at The within named A.B. is a , and resides at in your bailiwick. * Date of judgment or order. No. 139. Writ of Fieri Facias on Judgment with Order for Costs.* Victoria, by the Grace of God, &c, to the sheriff of , greeting : We com- mand you that of the goods and chattels of in your bailiwick you cause to be made the sum of and also interest thereon at the rate of 4/. per centum per annum from thet day of , 188 , which said sum of money and interest were lately before Us, in the Queen's Bench Division of Our High Court of Justice, in a certain J wherein A.B. is the pro- secutor [or as tlie case may be] and CD. the defendant, by a§ of Our said * This writ must be so moulded as to follow the substance of the order or judgment. t Da*e of judgment or order. J Indictment, information (in the nature of a quo warranto), action of mandamus, or matter there depending, intituled "In the matter of, &c," or as the case may be. § " Judgment," or "order.'' Court, bearing date the day of , 183 ,|| to be paid by the said to for costs in the said § mentioned, and which costs have been taxed and allowed at the sum of as appears by the allocatur of one of the Taxing Masters, dated the day of , 188 . And that you have that money and interest before Us in Our said Court imme- diately after the execution hereof, to be paid to the said in pursuance of the saidij ; and in what manner you shall have executed this Our writ make known to Us in Our said Court immediately after the execution thereof. And have there then this writ. Witness, &c. Indorsement as in No. 138. [| "Adjudged," "awarded," or "ordered." No. 140. Writ of Fieri Facias on an Order of Quarter Sessions removed into the Crown Side of the Queen's Bench Division. Victoria, by the Grace of God, &c, to the sheriff of , greeting : We com- mand you that of the goods and chattels of CD. in your bailiwick you cause to be made the sum of [50J.] for certain costs which by an order of the general quarter sessions of the peace holden in and for the said county of on the day of made in a certain appeal wherein A.B. was appellant, and the said CD. was respondent, were adjudged to be paid by the said CD. to the said A.B., and which order of quarter sessions was afterwards on the day of , removed into the Queen's Bench Division of Our High Court of Justice by virtue of an order of the Honourable Mr. Justice , made the day of , 188 , in pursuance of the statute in such case made and provided, and the costs attendant upon the application for the said last-mentioned order, and upon the said removal were on the day of , 188 , taxed and allowed at the sum of [9J.], as appears by the allocatur of one of the Tax- ing Masters dated the day of , 188 , and We further command you that of the goods and chattels of the said CD. in your bailiwick you further cause to be made the said sum of [9£.] together with interest at the rate of 41. per centum per annum from the said day of * ; and that * The date of the order. G2 SUPREME COURT OF JUDICATURE. [LAW J. you have that money and interest before Us in Our said Court immediately after the exe- cution hereof, to be paid to the said A.B. in pursuance of the said orders. And in what manner you shall have executed this Our writ make known to Us in Our said Court immediately after the execution thereof, and have then there this writ. Witness, &c. No. 141. Writ of Elegit. Victoria, by the Grace of God, &c. To the sheriff of , greeting : Whereas, lately in the Queen's Bench Division of Our High Court of Justice, in a certain* wherein A.B. isf and CD. is defen- dant, by aj of Our said Court, made in the said * and bearing date the day of , 188 , it was§ that the said should pay unto certain costs as in the said % mentioned, and which costs have been taxed and allowed at the sum of £ as appears by the allocatur of one of the Tax- ing Masters dated the day of , 188 . And afterwards the said came into Our said Court, and according to the statute in such case made and provided chose to be delivered to him all such lands, tene- ments, rectories, tithes, rents, and heredita- ments, including lands and hereditaments of copyholds or customary tenure in your baili- wick, as the said , or any one in trust for him, was seized or possessed of on the 1 1 day of , or at any time afterwards or over which the said on the said day of , 188 , or at any time afterwards had any disposing power which he might, without the assent of any other person, exercise for his own benefit to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively according to the nature and tenure thereof to * Indictment, information (in the nature of a quo warranto), action of mandamus, or matter there depending, intituled " In the matter of, &c," or as the case may be. f Prosecutor, Eelator, Plaintiff, or Appellant, as the case may be. J "Judgment "or "order." § "Adjudged," "awarded," or "ordered." || Date of judgment or order. him and to his assigns, until the said sum of £ IT together with interest upon the said sum at the rate of 41. per centum per annum from the|| day of shall have been levied. Therefore We command you that without delay you cause to be delivered to the said by a reasonable price and extent all such lands and tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or cus- tomary tenure in your bailiwick as the said , or any person or persons in trust for him, was or were seized or possessed of, on the said 1 1 day of or at any time afterwards or over which the said on the said || day of or at any time afterwards had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively according to the nature and tenure thereof, to him and to his assigns, until the said two several sums and interest as aforesaid shall have been levied. And in what manner you shall have executed this Our writ make known to Us in Our Court aforesaid imme- diately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and ap- praisement. And have there then this writ. Witness, &c. To be indorsed. Levy £ and £ for costs of exe- cution, besides costs of inquisition (if any) ; and also interest on £ at 41. per centum per annum from the day of , 188 , until payment, besides sheriff's pound- age, officer's fees, costs of levying, and all other legal incidental expenses. This writ was issued by M.N., of L., agent for G.H., of Y., solicitor for who resides at The within named A . B. is a and resides at . in your bailiwick. t Costs. Ko. 142. Other Writs of Execution. When required, the Forms in Appendix H. to the Rules of the Supreme Court may bo adapted with the necessary alterations. Vol. 55.] ORDERS AND RULES. 63 No. 143. Writ of Levari Facias against Inhabi- tants, &o., upon Conviction and Fine. Victoria, by the Grace of God, &o. To the sheriff of , greeting : Whereas sometime, that is to say, on the day of , 188 , at [the as- sizes, : Order XXIX.— Security . . . .139 Order XXX. — Proceedings by and against Executors and Administrators . . 140 Order XXXI.— New Trial . . .141 ' Order XXXII.— Appeals ... 141 Order XXXlII. — Actions or Matters re- mitted from or transferred to the High Court of Justice 141 Order XXXIV.— Eeplevin . . .143 Order XXXV— Bills of Exchange, 1855 . 143 Order XXXVI.— Begistry of Judgments . 143 Order XXXVII.— Funds (County Courts Act, 1865) 144 Order XXXVIII.— Trustee Belief Acts, The Settled Land Act, 1882, The County Courts Act, 1867, s. 24 . . 144 Order XXXIX.— Admiralty, Actions . 146 Order XL. — Agricultural Holdings (Eng- land) Acts, 1875 and 1883 . . .150 Order XLL— The Friendly Societies Act, 1875, &c 151 Order XLII. — "Winding up of Companies and Societies 151 Order XLIIL— The Local Loans Act, 1875 151 Order XLIV. — The Employers' Liability Act, 1880 152 Order XLV. — Inferior Courts Judgments Extension Act, 1882 . . . .153 Order XL VI. — Married Women's Property Act, 1882 .« 154 Order XLVII. — Acknowledgments by Married Women 154 Order XLVIII.— Charitable Trusts' . . 154 Order XLIX. — Probate or Letters of Ad- ministration 155 Order L. — Costs 156 Order LI. — General Provisions . .158 Order LII. — Interpretation of Terms . 160 L 82 SUPREME COURT OF JUDICATURE. [Law J. CONTENTS. Short title .... Annulment of all prior rules Page . 98 . 98 Order I. — Court and Offices. 1 . Sittings of Court, 9 & 10 Vict. c. 95, s. 56 . . . . . . .98 2. No two Courts to be held on same day 98 3. On what days registrar to keep County Court Office open . . .98 4. Offices may be closed by order. . . 98 Order II. — Officers. Registrar. 1. Absence of registrar or deputy registrars from Court, 9 & 10 Vict. c. 95. s. 26 . 98 2. Registrar to keep books, 9 & 10 Vict. c. 05. s. 27 98 8. Documents to be filed and distinguished by the number of the plaint and letters 98 4. Registrar to issue all processes . . 99 5. Service of summons in foreign district . 99 6. Doubtful service in foreign district . 99 7. Copies of documents, how made . ■ 99 8 Particulars to be annexed to summons 99 9. Payment into Court . . . .99 10. Searches and payment out of Court . 99 11. Acknowledgment of payments and de- posits 99 12. Court Books to be produced to treasurer 13. No officer to act as agent to parties . 99 14. Where legacy or succession duty pay- able, -it must be paid before execution of the order directing payment . .99 15. Judge acting for another, 30 & 31 Vict. c. 142. s. 20 . . . . .99 16. Custody of securities, 30 & 31 Vict. c. 142, s. 24 99 High Bailiff. 17. Absence of high bailiff from Court 18. High bailiff to keep books . 19. Attendance at office of registrar . 20. Keeping open an office . 21. Service of process .... 22. Indorsement of service on copy of sum- mons 100 23. Notice of non-service to be given . 100 ,24.,. Notice of doubtful service to be given . 100 25. Service by bailiff of Foreign Court 26. Where return of service to Home Court is not made, foreign bailiff may be ordered to pay costs .... 27. High bailiff to deliver list of ordinary summonses served, 9 & 10 Vict. c. 95. s. 33 28. Notice of service or non-service of de- fault summonses .... 29. Order book 30. Kxecution and entries of warrants, 9 & 10 Vict. c. 95. ss. 33 and 94 . . 101 99 99 99 100 100 100 100 100 100 101 31. Moneys to be paid in within 24 hours 32. Where proceeds of execution are to be held for 14 days. 33. Withdrawal on notice of » receiving order in bankruptcy . 34. Non-execution of warrant in foreign district, 9 & 10 Vict. c. $6. ss. 33 and 104 35. As to sale of personal property 36. Possession 37. Where possession taken until security given 38. Suing by solicitor .... Order III.— Parties. 2. Page 101 . 101 '. 101 All persons may be joined as plaintiffs in whom any right exists jointly, seve- rally, or in the alternative All persons may similarly be joined as defendants • . 3. All persons so joined need not be in- terested in all the relief prayed for . 4. Persons may be joined as parties who are liable 'under any one contract 5. Where plaintiff in doubt as to whom he is entitled to redress 6. Trustees, executors, and others may sue or be sued without joining parties beneficially interested 7. Where parties numerous, one or more may sue or be sued or defend for the benefit of all , . . . 8. Where defendant desires to defend on behalf of others 101 101 101 101' 101 101 102 102 102 102 102 102 102 Persons under Disability. 9. Infants 102 10. Married women '102 11. Lunatics and persons of unsound mind. 102 12. Persons under disability, how consents for can be given 102 Partners. 13. Co-partners may sue and be sued in the name of their firm .... 103 14. Application for names of firm in an action by a firm 103 15. Co-partners sued in name of firm, and where judgment against each member of a firm is desired .... 103 16. Where business of firm is carried on by one person ...... 103 Administration and. Execution of Trusts. 17. Heir-at-law, next-of-kin, or a class, when unknown, how represented . 103 18. When residuary legatees or next-of-kin need not be served .... 103 19. Other legatees than are entitled to judgment need not be served „ . . 103 Vol, 55.] ORDERS AND RULES. 83 Page 20. Co-residuary need not be served . .103 21. Other cestui que trusts need not be served. , 103 - 22. Judgment against one legatee, &c. . 104 23. Persons may- be made parties ■ . . 104 24. Notice of judgment, when to be served 104 25.. Notice -to parties, how- served . . 104 26. Where party an infant or lunatic . . 104 27. When heir-at-law need not be a party . 104 28. Where no legal representative . . 104 29. Executor or administrator to appear only on claim of person not a party . 104 Order IV. — Joinder of Causes op Action. 1. What claims may be joined with action for recovery of land .... 104 2. Joinder of claims by trustee in bank- ruptcy. . . . . . . 104 3. Joinder of causes of action generally . 104 4. Claims by husband and wife. . . 104 5. Claims-by executor or administrator . 104 6. Joint and separate claims by plaintiffs . 104 7. Separate trials may be ordered . 104 Order V. — Commencement of Action. 1. Actions to be commenced by plaint . 105 2. Trials by agreement under 19 & 20 Vict. c. 108. s. 23 105 3. Actions to recover possession of tene- ment 105 4. Entry of plaint 105 5. Capacity in which plaintiff sues or de- fendant is sued to be stated in prsecipe 105 6. Default summons, praecipe to state de- sire of solicitor to serve . . . 105 7. Undertaking security for costs . . 105 8. Entry of plaint by letter . . .105 9. How leave under section 1, County Court's Act, 1867, may be obtained . 105 10. Summons under. 38 & 39 Vict. c. 50. s. 1 , not to issue in certain cases . . 105 11. In-fant suing 106 12. Married women suing .... 106 13. Practice where plaintiff does not re- quire payment forthwith . . 106 Order VI. — Particulars and Statement of Claim. 1. Particulars in cases above 40s. to be filed 106 2. Particulars in cases of account . .106 3. Particulars where assignee suing . . 106 4. Particulars in actions for recovery of land . . . . . . . 106 5. Particulars in actions under 30 & 31 Vict. g. 142. s. 12 . . . .106 6. In action for administration plaintiff may ask that only a certain question may be decided 106 7. Particulars where more than one cause of action . . . . . . 107 8. Notice by defendant for further par- ticulars may be given . . . 107 9. Fraction of a penny . , . . . 107 10, Indorsement-of particulars by a solicitor Order VII. — Plaint Note and Summons. Page 1. Plaint note, 9 & 10 Vict. c. 95. s. 69 . 107 Summons on Plaint. 2. Date of summons, 9 & 10 Vict, c. 95. s. 59 107 3. Where issued by leave of Judge or Registrar , 107 4. Particulars to be deemed part of sum- mons 107 Ordinary Summons and Service. 5. Ordinary summons when returnable 6. Successive summonses . 7. Delivery and service of summons in action under 30 & 31 Vict. c. 142. s. 11 8. When ordinary summons is to be de- livered for service, 9 & 10 Vict. c. 95, s. 59. Time of service 9. Mode of service of an ordinary sum- mons . . . . . . . 108 10. Service on infant . . . . . 108 11. Service on a' lunatic . . . ■ '. 108 12. Service on partners . . . , . 108 13. Service where person carries on business in name of a firm . . . .108 14. Where husband and wife are defendants 108 15. Service where defendant on board ship 108 16. Service on a soldier . . . . 108 17. Service on a prisoner- . . . . 108 ' 18. Service on a miner . . . . 108 19. Service where defendant employed in a public asylum or prison . ... 108 20. Where defendant keeps his house closed 108 21. ~ 22. 23. 107 107 107 108 108 109 of Service in case of vacant possession Service where violence threatened Service of summons in pursuance statute 109 24. Service on a railway company . ». 109 25. Where service ha3 not been personal . 109 26. Where summons has come to the know- ledge of defendant less than ten days " before return-day .... 109 27. Where summons issues under section 18 of 19 & 20 Vict. c. 108 . . . 109 28. Service of summonses generally . . 109 Default Summonses and Service. 29. Service of default summonses . . 109 30. Default summons may be served in any district . ; . , . . 109 31. Copy of default summons and affidavit to be delivered to Registrar . . 109 32. When default summons may be struck out .109 33. Limitation of time for signing judgment of default summons . . . .110 34. Where either party dies after service of summons to save statute . . 110 35. Exchange of default summons . .110 36. Bills of Exchange Act, substituted service . . . . . , 110 Order VIII.— Consolidation of Actions or Stat of Proceedings. 1. Consolidation of actions . . .110 2. Stay of ' proceedings . . . .110 84 SUPREME COUET OF JUDICATURE. [Law J. 3. Stay of proceedings j application for . 4. Judge may impose terms 5. Where judgment in favour of defendant in selected action . ... 6. Where judgment given against defen- dant in selected action 7. Actions for same cause against several defendants 8. Transfer of actions commenced in different Courts Page 110 110 110 . 110 6 Objection to jurisdiction of Court, 19 & 20 Vict. c. 108. s. 39 . . 7 Where one of several persons jointly answerable is sued, 9 & 10 Vict. c. 96. s. 68 • 8. Misjoinder of plaintiffs not to defeat a counter-claim 110 9. Disclaimer, admission, and other state- ments by defendant Page 114 Order IX.— Discontinuance, Confession, Admission, and Payment into or out of Court. 114 114 -, - "* 110 10 Notice to be given of special defences . 114 11. ~ 12. 13 14. 1. Discontinuance of action . . .110 2. Confession's under 13 & 14 Vict. c. 61. s. 8 HI 3. Consents under 13 & 14 Vict. c. 61. s. 9. Ill 4. Admission of truth of plaintiff's state- ment Ill 5. Admission by any party. . . . Ill 6. Confession by defendant in action to re- cover land Ill 7. Notice to admit specific facts . . Ill 8. Evidence of admissions. . . .112 9. Request under Partition Act, 1868, may be signed at any time after entry of plaint 112 10. One solicitor to have conduct of pro- ceedings 112 11. Payment into Court before judgment, how made, 9 & 10 Vict. c. 95. s. 82 . 112 12. Acceptance of amount paid in as satis- faction of claim, 9 & 10 Vict. c. 95. b. 82 112 13. Payment in an action of libel . . 112 14. Where payment made after notice of defence given 112 15. Payment by plaintiff in answer to a counter-claim 112 16. Where amount admitted includes set-off or counter-claim . . ' . .112 17. In certain cases money paid in to be retained . . . ' . . . 112 18. Payment of money out of- Court . ; 113 19. Payment out of Court by cheque or Post Office order 113 20. When rules of this order not to apply . 113 21. Payment into Court, and investment of moneys awarded to or recovered by infant or person of unsound mind . 113 Order X. — Special Defences. 1. Where plaintiff sues on behalf of others 113 2. Set-ofE and counter-claim . . . 113 3. Objection by plaintiff under 47 & 48 Vict. c. 61. s. 18 113 4. In action's under 30 & 31 Vict. c. 142. s. 11, any person not named as a, de- fendant may, by leave, appear . .113 6. In' actions under 30 & 31 Vict. c. 142. s. 11, defendant may give notice that he will limit his defence to part of the property 113 Set-off or counter-claim Infancy, 9 & 10 Vict. c. 95. s. 76 . '. Coverture, 9 & 10 Vict. c. 95. s. 76 Statute of Limitations, 9 & i0 Vict. c. 95. s. 76 . . . ■ 15. Bankruptcy, 9 & 10 Vict. c. 95. s. 76 . 16. Defence that libel or slander is true, 30 & 31 Vict. c. 142. s. 10 . 17. Facts in mitigation of damages in libel or slander, 30 & 31 Vict. c. 142. s. 10 . 18. Statutory defence 19. Equitable relief, 36 & 37 Vict. u. 66. s. 89 20. Tender 21. Notice of defences to counter-claim . 22. Where counter-claim affects other per- sons 114 114 114 114 114 114 114 115 115 115 115 Order XI.— Claim for Contribution, Indemnity, &c. 1. Notice of claim to contribution, indem- nity, &c, to be given .... 2. If person served makes default in ap- pearing, he is to be deemed to admit validity of judgment against defen- dant 3. Application to Judge for directions as to conduct of action .... 4. Costs 5. Claim to contribution or indemnity 115 115 115 115 115 Order XII.— Interlocutory and Interim Orders and Proceedings. 1. Where defence is an alleged right to be relieved of a prima facie case of liability 116 2. Order for sale of perishable articles, &c. 116 3. Order for detention, preservation, &o. . 116 4. Registrar to take deposition of person ordered to weigh, inspect, &c. . 5. Mode of " application for interlocutory or interim order 6. Where specific property other than land is sought to be recovered . 7. Draft orders to be settled by Registrar. 8. Registrar to seal and file draft order approved by Judge .... 9. Deposit may be ordered where defen- dant resides twenty miles from Court 116 10. Order for enquiries or accounts . . 117 11. Practice on interlocutory applications . 117 12. Adjournment of trial on joint applica- tion of parties 117 13. Postponement of day of trial upon ap- plication ,,,,,, 117 116 116 116 116 116 Vol. 55.] ORDERS AND RULES. 85 Page 14. Postponement of trial by Judge or Re- gistrar ■ H7 15. Adjournment for non-compliance with rules H7 Order XIII.— RECEIVER. 1. Receiver may be appointed though not asked for 117 2. Receiver to give security . . .117 3. Audit of receiver's accounts, at close of proceedings 117 4. Receiver to produce vouchers . .118 5. Accounts may be ordered to be audited at anytime 118 6. Interval between audits _ . ■ . . 118 7. Attendance of party not required at audit 118 8. Court may direct receiver to pay party moneys received 118 Order XIV.— Amendment. 1. Change of plaintiff . . . .118 2. Action.not to bedefeated by misjoinder or nonjoinder of parties . . . 118 3. Where. too few persons made plaintiffs . 118 4. Change of defendant .... 118 5. Where party wrongly sued in a repre- sentative character . . . . 1 18 6. Where, party ought to have been sued - in a representative character . . 119 7. Amendment of name or description of plaintiff . . . . . .119 8. Amendment of name or description of defendant 119 9. Improper joinder or omission of husband dr wife in action against a husband -. 119 10. Where all defendants have not been served 119 11. Application to add or strike out parties 119 12. Notice to an added or substituted defen- dant 119 13. Amendment of particulars and notice of defence 119 14. Power of Registrar under sections 16 and 17, County Courts Act, 1867 . 119 Order XV. — Application for Directions. 1. Any party may apply .... 119 2. Notice of application . . . .119 3. Hearing of application. . . .120 4. Costs of application for any matter which could have been asked for in application for directions . . . 120 5. Where order on application for direc- tions does not fix the day of trial . 120 6. Notice of day of trial '. 120 Order XVI. — Discovery and Inspection. 1. Interrogatories . . . . . 120 2. Order to be drawn by Registrar . . 120 3. Judge to consider offers to deliver par- ticulars or to admit, &c. . . 120 4. Costs of improper interrogatories . , 120 Page 5. Interrogatories 120 6. Corporations and joint-stock companies 120 7. Objections to answer .... 120 8. Affidavit in answer .... 120 9. Further answer 121 10. Discovery in documents . . . 121 11. Objection to discover documents . . 121 12. Production of documents . . . 121 13. Inspection of documents referred to in affidavits . . . . • 121 14. Notice to be given under last-mentioned rule 121 15. Time within which inspection is to be given ....... 121 16. Order for inspection .... 121 17. Inspection of Court rolls . . . 121 18. Actions against or by high bailiff . . 122 19. Non-compliance with order . . . 122 20. Security for. costs 122 21. Amount of security .... 122 22. Payment out of amount paid in as security . . . . . . . 122 Order XVII.— Change op Parties. 1. When action' not to abate . . . 122 2. Notice to be given to defendant of change of-plaintiffs title . . . 122 3. Notice to plaintiff of change in defen- dant's title 122 4. Change or.transmission of interest . 122 5. Service' of order on change or transmis- sion of interest . . . ' . . 123 6. Variation of order by persons not under disability 123 7. Variation of order by persons under disability . . . , . .123 8. Where person entitled to proceeds fails to appear on return day . . . 123 9. Alteration of records on change of parties 123 10. County Courts.Act, 1856, s. 62 . 123 Order XVIII.— Evidence. 1. Witnesses 123 2. Time of service 123 3. Evidence to be taken orally . . . 123 4. Where witness does not produce docu- ments, order for production may be made .- 123 5. Admission of documents . . . 123 6. Notice to admit or produce . . . 124 7. Costs of notice to admit or produce . 124 8. Documents produced from proper cus- tody to be read without proof unless objected to 124 9. An unstamped or insufficiently stamped instrument to be given in evidence only where receipt of Registrar for unpaid duty and penalty is produced 124 10. Where it is desired to use an affidavit, notice may be given . 124 11. Documentary evidence taken at trial '. 124 - 12. Use of answer to interrogatories at trial 124 13. Affidavits, evidence of person using them 124 86 SUPEEME COURT OF JUDICATURE. [Law J. Msiaminatims. Page 14. Examination of witnesses before trial . 124 1, 16. Where Registrar .appointed examiner . 124 2, 16. Attendance of persons to produce docu- 3. ments .' . ... . . . 124 17. Disobedience to an order for such at- 4. tendance 124 6. 18. Expenses of person producing docu- 6, ments . . . . . . 124 19. Examiner to be furnished with certain documents 124 7. 20. Who entitled to be present on examina- tion ' 124 8. 21. Depositions, how taken '. 125 22. Failure to comply with subpoenas . 125 23. Objections to answer .... 125 24. Witness may be ordered to pay costs . 125 25. Filing ,of deposition .... 125 26. Special report by. examiner . . . 125 27. When depositions to be given evi- dence 125 28: Ppwer to adrninister oaths . . . 125 Order XIX.— Affidavits. 1. Affidavits to be expressed in the first person . ... . . . 125 2. Sources of knowledge to be stated . 125 3. Affidavits, how to be intituled . . 125 4. Affidavits to shew on whose behalf filed 125 5. Costs of affidavits when disallowed . 125 6. Filing of affidavits . . . .125 7. Affidavits not to be filed if sworn before party's solicitor 126 8. Erasure, blotting,, interlineation, &c, in affidavits 126 9. Illiterate or blind deponent . . . 126 10. Notice of rejection of imperfect affi- davits or documents . Order XXII.— Trial. Page 127 127 126 Order XX. — Arbitration. 1. Arbitration (9 & 10 Vict, c. 95. s. 77) . 126 Order XXI.— Assessors (County Courts Act, 1875). 1. Registrar at. request of Judge to frame a list of assessors 126 2. Consent of assessors to act . . . 126 3. List of assessors 126 4. Duration of assessors .... 126 5. Assessor resigning to be removed from list 126 6. Remuneration of assessors . . . 126 7. Application for assessors to act with Judge. . • ... . .126 8. Assessors to be summoned if Judge approves 127 9. Where opposite party does not accept the assessors proposed . . . 127 10. Where the party served does not accept the proposed appointment . . .127 11. Where assessors or one of them fail to attend 127 12. Payment on application for assessors by party 127 13. Assessors' fees on adjournment . . 127 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Notice, of demand of a jury Adjournment in order to try by jury . Actions and matters whichmaybe tried by jury Number of jurymen .... Where plaintiff does not appear . Where neither plaintiff nor defendant appears in' cases under s. 1 of 38 & 39 Vict. c. 50, and 18 & 19 Vict. c. 67. Judgment on counter-claim where plain tiff does not appear . Appointment of guardian ad litem to infant defendant Action pending in another Court for same cause General jurisdiction of Court on trial of action Partial administration ..... Injunction, application for . Inspection of property by Judge . Absent parties may be added on hearing 128 Where action is stayed, discontinued, or dismissed . . . ... Counter or other claim may be tried by an independent action Where, a person . brought in does, not appear at the trial , . Judgment may be given for balance found due to defendant Action against officer of Court 127 127 127 127 128 128 . 128 128 128 128 128 128 128 128 128 128 Order XXIII.— Judgments and Orders. 1. Entries to be made in minute book . 129 2. Preparation of special judgment \ . 129 3. Certain orders need not be drawn up . 129 4. Service on solicitor .... 129 5. Mode of service of judgments and orders . . . . . . 129 6. Order for judgment by default not to be served . . ... . . 129 7. Purposes for which • certificate of a judgment required, to be stated . 129 8. Order for payment, 19. & 20 Vict. c. 108. s. 45 129 9. Notice, of payments into Court . .129 10. Judgments under s. 11 of 30 & 31 Vict. c. 142 129 11. Where order directs a deed to be pre- pared . * . - 129 12. Sale of real 'property . . . .129 13. Sale of' personal property . . . 130 Order XXIV. — Accounts and Enquiries. 1. Accounts, how to be taken . . . 130 2. Registrar to appoint time and place for enquiries and taking accounts . . 130 3. Hearing before Registrar . . . 130 4. Books of accounts to be prima facie evidence 130 5. Advertisements for creditors in admini- stration . . . . . . 130 6. Creditors need not prove unless required 130 7. Creditors holding security to produce same 130 Vol.55.] ORDERS AND RULES. 87 Page 8. Pedigree if required, to be produced . 130 9. Creditor refusing to have no costs . 130 1Q. Allowance ,of debts or claims . . 130 11. Notice of allowance or non-allowance of claim 131 12. Claim may be sent in before adjudica- tion . .131 13. Where claim sent in after time fixed . 131 14. Just allowances 131 15. Registrar's certificate .... 131 16. Certificate may be inspected . . 131 17. Variation or confirmation of certificate 131 18. Where no application to vary . . 131 19. Application to Judge for further direc- tions 131 Order XXV. — Enforcement op Judgments and Orders. 1. Enforcement of order for payment of money 131 2. Costs of married women , . . 131 3., Where difficulty arises in execution . 131 Warrants of Execution against Uw Goods. i., Date of warrants of execution . . 131 5. Applicant to produce plaint note or summons ...... 131 6. Where no payment on judgment for two years, leave to issue execution must be obtained .... 131 7. Where default made, execution may issue 131 8. Execution on judgment against a firm . 132 9. When leave required for issue of execu- tion . . . . . . .132 10. Service of order 132 11. Indorsement on warrant . . . 132 12. Concurrent warrants «... 132 Jiidginent-Swmmons. 13. Judgment-summons to be served per- sonally 132 14. Application for leave for » judgment- summons to issue . . . . 132 15. No judgment-summons to be issued aftera certain time from judgment, &c, except an affidavit in proof of means is filed 132 16. Where judgment-summons applied for at a Court in which judgment was not obtained ..... 133 17. Where judgment-summons required on a judgment of a Court other than a County Court 133 18. Issue and service of judgment-summons 133 19. Where judgment debtor about to re- move 133 20. Successive judgment-summons . . 133 21. Adjournment 133 22. Witnesses may be summoned to prove means . ... . . . , 133 23. Name of witness to be entered in Book H. ....... 133 24. Evidence by affidavit, where creditor Pftffe . or debtor not resident in district of issuing Court 133 25. On issue of judgment-summons, where warrant of execution has been issued it shall be lodged into Court . . 133 26. Where order of commitment is made or any order is altered by Court, pro- • ceedings to be continued in that Court . 133 27. Minute that a certificate has been given . to be made 133 28. Where order sent to a foreign Court . 134 29. Bankrupt not to be committed . . 134 30. No commitment, when adjudication takes place after order of commitment 134 31. Discharge of bankrupt judgment-debtor 134 32. Certificate that an order of administra- tion has been made .... 134 33. Order of commitment .... 134 34. Payment on arrest .... 134 35. Payment in prison, 9 & 10 Vict. c. 95 . 134 36. Discharge of prisoner on request of judgment- creditors ■.','. . 135 37. Certificate of payment . . . .135 38. Costs on default of appearance of a judgment-creditor . 135 39. Costs of enforcing a judgment, 32 & 33 Vict. c. 62. s. 5 . . . ' . . 135 Warrant of Attachment. 40. Application to attach for breach of cer- tain orders 135 41. Failure to obey order after service of copy thereof 135 42. Order of Judge for attachment . . 135 43. Discharge of person in custody by Court only 135 44. Discharge of person in custody by Registrar . . . . , , 135 Warrant of Possession. 45. Recovery of land to be enforced by . warrant of possession . . . .135 46. Execution on judgments under 30 & 31 Vict. c. 142. s. 11 . . . . 135 47. Separate warrants for possession and costs in judgments under 30 & 31 Vict. c. 142. s. 11 . . . , 136 48. Execution for costs against plaintiff in action under 30& 31 Vict. c. 142. s. 11 136 49. Warrant not to issue till disobedience to order proved i3g Warrant of BeWoery. 50. Execution for delivery of property 51. Warrant 136 136 Order XXVI.— Attachment of Debts. 1. Where plaintiff d^sires defendant to be examined at the trial as to the debts due to him 133 2. Examination of defendant . . . 136 3. Proceedings against garnishee, 30 & 31 Vict. c. 142. s. 1 . . . . .136 4. Service of garnishee summons . , 137 88 SUPREME COUET OF JUDICATUBE. [Law J. - c . Pa B° 5. Service on a firm or company . .137 6. No costs where garnishee pays . . 137 7. Notice of payment to be given . . 137 8. Order on trial 137 9. Certificate of Court in which garnishee sued 137 10. Where debt is stated to belong to a third person, or there is a lien thereon 137 11. Pajinent by or, execution levied upon garnishee » discharge as against debtors 137 Order XXVII.— Interpleader. 1. Notice of claim to execution, creditor . 137 2. Where execution creditor does not ad- mit claim 138 3. Proceedings generally .... 138 4. Claimant to lodge particulars and grounds of claim .... 138 5. High bailiff's possession fees . . 138 6. Where claimant fails to comply with provisions of s. 72, County Courts Act, 1856 .... . . .138 7. Claim or damage 138 8. Claim of damages against high bailiff . 138 9. Payment into Court of damages claimed under 30 & 31 Vict. c. 142 . . . 138 10. Interpleader summons .... 138 11. Whence issued . ' . . . . 138 12. Where claimant claims under a bill of sale . . . . . . .138 13. Where assignor disputes an assignment 138 14. Defendant In an action by assignee may pay money into Court . . . 139 Order XXVIII.— Transmission of Proceeds op Warrants from Foreign Districts. 1. Entry of warrants to be executed in a fpreign district 139 2. Accounting' for and' transmission of proceeds levied in foreign district . 139 3. Certificate of payment into foreign Court under an order of commitment 139 Order XXIX.— Security. 1. Security by bond . . . . 139 2. Affidavit of sufficiency . . . .139 3. Execution of bond .... 140 4. Deposit in lieu of bond .... 140 5. Bond to be deposited .... 140 6. Officers not to be surety . . . 1 40 Order XXX. — Proceedings by and against Executors and Administrators. 1. Costs where plaintiff fails . . . 140 2. Costs on non-appearance of either party 140 3. Waste of assets . . • . . .140 4. Judgment where waste charged . . 140 5. Judgment where representation ad- mitted 140 6. Judgment where representation ad- mitted and administration alleged . 140 7. Judgment in like case where adminis- tration not proved .... 140 8. Judgment in like case where adminis- tration proved 140 Page 9. Judgment where administration not proved and no other defence estab- lished 140 10. Judgment on assets quando acciderint . 140 11. Judgment on defendant's admission . 141 12. Judgment in other cases . . 141 Order XXXI.— New Trial. 1. Application for new trial . . .141 2. Judge may. direct new trial to be had with a jury 141 Order XXXII.— Appeals. 1. Appeals 141 Order XXXIII.— Actions or Matters re- mitted from or transferred to the High Court of Justice. 1 . Remittance of actions from High Court of Justice, 30 & 31 Vict. c. 142. ss. 7, 8, 10 . 141 2. Order to be filed 141 3. Defendant may proceed as if action originally brought in County Court . 141 4. Special notice ia action for libel or slander 142 5. Transfer of action to High Court of Justice by order during progress of action under 28 & 29 Vict. c. 99. s. 9. 142 6. Transfer to High Court of Justice under s. 9 of 28 & 29 Vict. c. 99, where upon taking of accounts amount of jurisdiction of County Court is found to be exceeded 142 7. Transfer of proceedings to High Court of Justice under s. 90 of Judicature Act, 1873, or 28 & 29 Vict. u. 99. s. 3 or 9 142 8. Transfer from Court of Chancery under s. 8 of 30 & 31 Vict. c. 142. Registrar to apply to Judge for instructions . 142 9. Claimant to lodge order of the High Court of Justice transferring proceed- ings under 47 & 48 Vict. c. 61 . . 142 10. Transfer of interpleader proceedings to County Court under 47 & 48 Vict, c. 61. s. 17 143 Order XXXIV.— Replevin. 1. No other cause to be joined . . . 143 2. Particulars 143 3. Rent in arrear or damage feasant, 9 & 10 Vict. c. 95 . . . . , 143 4. Where defendant succeeds in action where distress is for rent . . .143 5. Where defendant entitled to a return in damage feasant . . . .143 6. In other cases 143 Order XXXV.— Bills of Exchange, 1865. 1. Leave to defend under 18 & 19 Vict. c. 67. s. 2 . 143 2. Notice of trial to be given . . . 143 3. Applications, under 18 & 19 Vict. c. 67. s. 3 143 Vol. 55.] ORDERS AND RULES. 89 Order XXXVI— Registry of Judgments. Page 1. Return of judgments in City of London Court 143 2. Note of order in Admiralty and equity to be sent 144 Oedee XXXVII.— Funds (County Courts Aot, 1865). 1. Payment into County Courts, 28 & 29 Vict. c. 99 144 2. Entry of payments .... 144 3. Modeof withdrawing moneys from Post Office Savings Bank .... 144 4. Interest to be apportioned . . . 144 5. Order for payment of money under s. 6 of 28 & 29 Vict. c. 99 . . . . 144 6. Warrant of execution on default under last section. ..... 144 7. Examination of married woman inter- ested in fund 144 Order XXXIX.— Admiralty Actions. Sittings of the Court. Order XXXVIII. —The Trustee Relief Acts. The Settled Land Act, 1882. The County Courts Act, 1867, s. 24. 9 10, 11. 12. 13, 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 144 144 144 144 144 144 144 145 145 145 145 146 145 145 , Proceedings by petition. , Registrar to issue, notices of day of hear- ing of petition ..... Serving of petitions and notices . Pacts may be supported by affidavit Judge may direct enquiries . All parties may apply .... Registrar to draw up order . Affidavit under s. 24 of 30 & 31 Vict. c. 142 Affidavit Cost of paying to be taxed . Evidence of trust to be left . Memorandum of filing to be indorsed . Evidence of trust to be compared with statements in affidavit Certificate of filing may be given . Money may be paid into Post Office Sav- ings Bank.s. 24 of 30 & 31 Vict. c. 142 145 Transfer of stock . . . . 145 Deposit of security .... 145 Notice of deposit of security. . 145 Transfer or deposit where no treasurer. 146 Certificate of payment, transfer, or de posit to be given Entries to be made in Equity Proceed ings Book Petition by person interested in funds in Court .. . . . . . Order for service of notice of application on trustee 146 Trustees may be ordered to pay costs . 146 Where facts stated in affidavit are only relied on 146 Rights of all parties to be declared . 146 When trustee need not appear . . 146 Payment to infants on coming of age . 146 Where there is prolixity or irrelevant matter 146 Vol. 55.— Orders and Rules. 146 146 146 1. Where action may be tried . 2. Undertaking for expenses 3. Sittings of the Court in Admiralty Page . 146 . 147 , 147 Institution of Action. 4. Commencement of action . . .• 147 5. Actions in rem 147 6. Notice of commencement of action to be given to Consul in certain cases . 147 7. Summons 147 Arrest. 8. Affidavit to be filed . ... .147 9. When nationality of vessel to be stated 147 10. When warrant for arrest may issue . 147 11. When warrant of arrest may be exe- cuted 147 Service of Summons or Warrant. 12. Service of summons or warrant of arrest 147 13. Service where cargo landed or trans- shipped 147 14. Where access to cargo denied . . 147 Appearance in Admiralty Actions. 16. Appearance ' . 147 16. Contents of praecipe .... 147 17. Person claiming interest may intervene 148 18. Appearance 148 19. Notice of day of hearing . . . 148 Release of Property. 20. Release on payment into Court . . 148 21. Value of property, how ascertained . 148 Transfer of Action. 22. Transfer of action to High Court of Justice or another County Court . 148 23. Order of transfer to be left with Regis- trar 148 Second or Cross Action. 24. Costs in cross action may be refused . 148 25. First and second actions may be tried together . . . . . . 148 Enforcement of Orders. 26. Proceedings on order against unknown defendant 148 27. Proceedings on discovery of unknown defendant 148 28. Service of notice on defendant . . 148 Execution against Vessel. 29. Proceedings on execution against a vessel 148 30. Proceeds of sale to be paid into Court 149 31. Delivery of property to purchaser. . 149 M 90 SUPREME COURT OF JUDICATURE. [Law J. framsfer of Sale. Pago 32. Proceedings on transfer of sale . . 149 33. Application for transfer of proceedings for sale , 149 34. Application to be transmitted to Judge Notice of Defence in Collision. 35. Notice of defence in actions for damage by collision 149 Tenders. 36. Notice of proposed tender . . .149 37. Notice of acceptance of tender . . 149 Payment out of Court. 38. Payment out of Court to solicitor . 149 39. Retainer of moneys in Court where more than one action .... 149 40. Appraisement 149 Records of the Court. 41. Inspection of records .... 149 42. Who entitled to inspection during pen- dency of action 149 43. The like on termination of action . 149 44. Office Copies Copies. 149 45. Payment on application for assessors by party 149 46. The like on requirement of Judge . 149 47. Assessors' fees on adjournment . . 150 48. Selection of assessors .... 150 49. Payment to assessors .... 150 Order XL.— Agricultural Holdings (Eng- land) Acts, 1875 and 1883. 1. Interpretation, 38 & 39 Vict. c. 92 ; 46 & 47 Vict. c. 61 150 2. Statement of grounds of appeal to be filed 150 3. Copy of statement to be sent to respon- dent . . . ... .150 4. Respondent to deliver statement in reply . 150 5. Copies of both statements to be sent to Judge ...... 150 6. Order 150 7. Proceedings in applications for referee or umpire ...... 150 Order XLL— The Friendly Societies Act, 1875, to. 1 Disputes, 38 & 39 Vict. c. 60 ; 39 & 40 Vict. c. 45 ; 37 & 38 Vict. c. 42 ; 17 & 18 Vict. c. 112 151 '2. Parties 151 3. Particulars 151 4 Applications to be made by plaint, 38 & 39 Vict. c. 60 151 6. Application under 37 & 38 Vict. c. 42 . 151 Page 6. Particulars under rules 4 and 5 . . 151 7. Where bond not in suit . . . 151 8. Where property is required to be de- livered up 151 Order XLII.— Winding up of Companies and Societies. 25 & 26 Vict. c. 89 j 30 & 31 Vict. c. 131 ; 37 & 38 Vict. c. 42 ; 39 & 40 Vict. c. 45. 151 Order XLIIL— The Local Loans Act, 1875. 1. Application for appointment of a re- ceiver to be by petition . . .151 2. Application for rectification of register of nominal securities to be by petition 151 3. To what Court petition to be presented 151 Order XLIV. — The Employers' Liability Act, 1880. Service of Summons. 1. Summonses when to be served . . 152 2. Particulars to be filed .... 152 3. What particulars of demand shall state 152 Jury. 4. Notice of demand for a jury . . . 152 Assessors. 5. Qualification of assessors . . . 152 6. How assessors are to be applied for . 152 7. Where application for assessors made by one party only, it shall • be for- warded to the other party . . .152 8. Where both parties propose assessors, no objection to be allowed to persons proposed 152 9. Application to be forwarded to Judge . 162 10. If Judge grant application for assessors he shall appoint such of the persons proposed as he may think fit . .152 11. Judge, whether application has or has not been made, may appoint assessors 152 12. Where assessors fail to attend . . 152 13. Remuneration of assessors . . . 152 14. Deposit on application for assessors of amount of their remuneration . . 162 16. Remuneration of assessors not proposed by the parties but appointed by Judge 152 16. Where action not tried an allowance to be made to assessors by order of Judge 153 17. Assessors to sit with Judge . . . 153 1 Judgment wliere several Plaintiffs. 18. Where more plaintiffs than one com- pensation due to each to be found . 153 19. If defendant fail to pay . . .153 Order XLV.— Inferior Courts Judgments Extension Act, 1882. 1. Proof that judgment is not satisfied . 163 2. When certificate shall not be granted . 153 3. Names, &c, to be set forth in certificate 163 4. Indorsements on certificate . . . 153 Vol. 55.] ORDERS AND RULES. 91 Page 5. Record and effect of granting certificate 153 6. Costs of obtaining certificate . . 153 7. Indorsement of costs allowed to be made on certificate . . . . . 153 8. On presenting certificate .for registra- tion a copy to be filed . . . . 153 9. Registration of certificate . . . 153 10. Cost of registering .... 154 11. No money to be paid out except on production of sealed copy . . . 154 Order XL VI.— Married Women's Property Act, 1882. 1. Summons to issue 154 2. Costs 154 Order XLVII. — Acknowledgments by Married Women. 1. Alterations, &c, in affidavit . . 154 Order XLVIII.— Charitable Trusts. . Record 154 . Proceedings by private persons . .154 . Proceedings by Attorney-General. . 154 . Summons 154 . Notice to attend proceedings . .154 . Service of summons, and notice to attend proceedings .... 154 . Power of Registrar to issue notices as may be required. .- . . .154 , Summons and notices to be issued in certain cases 155 Who shall be served .... 155 Transmission of Judge's note lo Charity Commissioners 155 , Transmission of Judge's note to At- torney-General 155 Copy of proceedings to be sent to Com- missioners 155 Fees where income of charity exceeds 101. 155 Fees where income does not exceed 10?. 155 Fees where several charities join . . 155 Fees how calculated .... 155 Who may appear at hearing . . .155 Effect of Commissioner's order or certi- ficate, or Attorney-General's statement 155 General practice, &c, of the Courts to be adopted 155 Registrar's duties as to trustees' ac- counts ..".... 155 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Order XLIX. — Probate or Letters op Administration. 1. Application to commence proceedings . 155 2. Where caveat lodged . • . . . 155 3. Person applying to revoke grant to be plaintiff 156 4. Proceedings r 156 5. Issue of notice 156 6. Service of notice 156 7. Notice to district registrar . . .156 8. Certificate 156 Page 9. Hearing 156 10. Order . . . . . . .156 11. Transmission of action from High Court of Justice ' 156 J2. Where no practice provided . . . 156 Order L. — Costs. 156 156 156 of 156 156 157 157 157 157 157 157 157 157 157 157 157 1: Taxation of costs . . . . 2. Delivery of costs .... 3. Notice of taxing to be posted 4. Where party dissatisfied, to make objec- tions in Writing .' . . . 5. Review of taxation upon objections 6. Where separate judgments against de fendants 7. Taxation of costs under 30 & 31 Vict, c 142, ss. 7 and 10 . 8. Judge's certificate for costs . 9. Costs of warrants .... 10. Possession fees, 9 & 10 Vict. c. 95, s. 106 157 11. Appraisement . . . . ,157 12. No costs to solicitors on judgment sum- monses ....'. 13. Where no costs are to be allowed on a - judgment summons . 14. Taxation of costs under 19 & 20 Vict, 108, s. 23 16. Admiralty actions .... 16. Costs of witnesses .... 17. Compensation to seamen 18. Allowance to scientific witnesses . 19. Costs in actions for the recovery tenements and replevin 20. Where claim exceeds 201. and less is recovered .... 21. Costs where plaintiff recovers less than he claims 22. Counter-claim 23. On a motion or reference 24. On a conference 25. Perusals 26. Folio 27. Costs of representative .... 28. Inspection 29. Real property ,30. Special affidavits 31. Attendance on Registrar 32. Costs of another party .... 33. Discretionary fees and allowances. Order LI. — General Provisions. 1. Party may act by solicitor or agent . 158 2. Service on solicitor deemed service on party .158 3. Solicitor may give notice thai he is acting 158 4. Practice on service by solicitor . . 158 5. Notice of change of solicitor. . . 158 6. Substituted service and notice in lieu of service .... 7. Solicitors to sign a roll . 8. No notice of employment of counsel or solicitor required 9. Newspaper advertisements . . 157 157 157 158 158 158 158 158 158 158 158 158 158 158 158 159 159 159 159 92 SUPREME COURT OP JUDICATURE. [Law J. 10. Advertisements for London Gazette . 159 11. Conduct of action . , . • . . . 159 12. Enlargement or abridgment of time . 159 13. Interest allowed to creditors in actions for administration .... 159 14. Interest on legacies . . . . 159 16. Filing of documents .... 159 16. Sealing of documents . . . ."159 17. Form of notice ' 159 18. Computation of periods of 24 and 48 hours 159 19. Time for doing any act .... 159 20. When process may not be served . .159 21. Transmission of letters sent by post . 160 22. Notices by post delivered after office tours . . . . . . . 160 Page 23. Service when defendant is out of Eng- land 160 24. Where no forms in Appendix . .160 25. Proceedings under any Act not referred to in rules 26. Proceedings authorised by Act 27. Rules to be adhered to . Oedee LII. Interpretation of Tenns. Interpretation 160 160 160 160 Appendix 161 Index 394 LIST OF OEDEES AND EULES In force prior to the 28th April 1886, with a reference to the New Rules respectively substituted for each. Old New Old New Order Ellle Order Rule Order Eule Order Eule Interpretation LII. _ II. 27 II. 28 I. 1 I. 1 it 28 JJ 29 JJ 2 )J 2 j» 29 JJ 30 JJ 3 3 ,, 30 1* 31 '»» 4 „ 4 J» 31 34 II. 1 II. 1 JJ 32 JJ , 35 >, 2 1 1 " 2 JJ 33 ») 36 »» 2a i) 34 JJ 37 »» 3 JJ 3 ») 35 JJ 38 »» 4 )) 4 III. 1 XIII. 2 »» 5 JJ 5 „ 2 JJ 3 i) 6 JJ 6 „ 3 JJ 4 » 7 JJ 8 J» 4 JJ 5 >, 8 , t 9 M 5 JJ 6 >» 9 J» 10 „ 6 7 ,j 10 „ 11 JJ 7 n 8 »» 11 »» 12 IV. 1 V. 1 jt 12 J» 13 JJ 2 n 7 »» 13 XIX. 10 3 4 »> 14* II. 14 4 } » 15 JJ 16 ia Jl 9 »> 16 17 5 \ ,, 17 )J ■ 18 " ha } JJ 10 »» 18 JJ 19 6 f 6 „ 19 )> 20 JJ I vii. 30 » 20 21 JJ 21 22 JJ JJ 7 7a } jj 31 », 22 J» 23 *» 8 v. 13 »» 23 J) 24 »J 9 jj 11 „ 24 \ 25 JJ 10 12 »» 24a J " V. 1 iii. 1 »» 25 JJ 26 ,» 2 » 2 V 26 » 22,27 ?> 3 j» 3 Vol. 55.] OBDEES AND EULES. 93 . Order V. VI. VII. VIII. New Order 4 5 III 6 . 6a \ )» 7 7a } »» 8 j) 9 9a 10 11 III. 1 IV. 2 JJ 3 ») 4 )) 5 6 » 7 8 III. 1 VI. 2 )) 3 .. 4 ... 5 » 6 ,. 7 )) 8S { XIV. 9 VI. 1 VII. 2 i> 3 4 J» 5 »1 6 6a } » 7 7a } >) 8 9 »1 10 11 >) 12 )) 13 )) 14 n 15 16 17 18 19 20 21 . 22 23 23a } » 24 )) 25 26 27 28 Kule 9,10 7 13, 14, 15 16, 17 to 29 1 2 3 4 5 6 7 11 1 2 3 10 4 5 7 8 13 9 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 24 20 21 22 25 23 26 27 28 29 30 Old Order VIII. IX. IX. Xa. XI. XII.. XIII. XIV. 29 30 31 32 33 1 la 2 3 4 5 6 7 8a 9 10 11 12 13 14 15 16 17 1 2 3 1 2 3 4 5 6 7 la 2 3 4 5 5a 6a 7 8 1 2 3 4 5 6 7 8 9 1 2 3 4 5a 6 New Order VII. X. III. X. X. XI. XII. XIII. III. IX. X. IX. XVI. XVI. XVIII. 32 14 29, 33 34 36 1 2 8 4 5 6 ■ 7 10 11 12 13 14 15 16 18 19 20 < 22 1 2 3 5 6 7 8 9 3 4 1 14 1 9 4 11 12 14 16 13 17 10 11 12 13, 14. 15, 16 1,2 7 8 5 1 2 3 4 8 10 94 SUPREME COURT OF JUDICATURE. [Law J. Old New Order Rule Order Rule XIV. 7 " XVIII. 21, 25 ' »» 8 II 15 9 14 ' |( 10 >» 13 M 11 XVIII. 12 XV. 1 XVII. 2 »» 2 J> 3 *1 3 ») 9 »» 4 »* 1 5 XXV. 9 )( 6 XVII. 1 M 7 XXV. 9 8 M 9 XVI. 1 XXII. 1 2 2 3 3 4 M 4 tt 5 )» 5 „ 6 fJ 6 7 LI. 7 8 »» 8 9 XXII. 8 10 9 11 10 12 !» 14 „ 13 16 tt 14 »I 17 15 L. 6 n 16 XXII. 18 17 — — M 18 XXII. 19 XVII. 1 XIV. 1 2 3 3 4 tt 4 ») 5 5 6 M 6 »1 7 < 8 8 )» 9 9 M 2 10 ») 2 11 If 10 12 )» 2 „ 12a » 12 13 M 11 XVIII. 1 XXIII. 1,2 Jl 2 . » 5 »» 3 1* 6 4 » 7 5 )» 8 6 1* 8 7 9 ,; 8 1) 11 9 XXV. 46 10 t) 47 11 n 48 12 XXII. 12 13 XXIII. 12 14 15 It 13 14 Old Nkw Order Rule Order Rule XVIII. 16 XXIV. 1 M 17 )» 2 M 18 M 3 J) 19 )» 4 *» 20 „ 5 ») 21 J( 6 22 I» 7 ,, 23 »» 8 24 M 9 25 )» 10 „ 26 JJ 11 >» 27 12 >» 28 M 13 29 J( 14 30 ») 15 1) 31 16 J» 32 M 17 >» 33 M 18 J» 34 f , 19 '* 35 III. 24 M 36 tt 25 » 37 „ 24 XIX. 1 XXV. 1 i, 2 »* 4 tt 3 »» 7 j> ?,a „ 8 „ 4 »J 11 »» 5 *» 12 »i 6 1) 13 »j 6a »» 15 »> 7 »» , 14 t> 8 »> 16 n 9 9a } ■ 17 tt 10 »» 18 11 19 It 12 I» 13, 14 13 1» 20 ,1 14 21 »» 15 If 22 It 15a „ 23 *» 15* 24 ft 16 »» 25 ,, 17 » 26 It 18 27 II 19 M 29 ft tt 20 20a 1 / " 30 SI 21 22 »» 1 31 tt 22a .> » 33 tt 22i J tt 23 »l 34 tt 24 35 „ 25 f| 37 tt 26 38 It 27 M 39 tt 28 41 tt 29 »f 45 to 49 tt 30 i. 40 Vol. 55.] ORDERS AND RULES. 95 Old New Old Kett Order Rule Order Hule Order Bule Order Eule XIX. 31 XXV. 40 XXVIII. 3 _^ _ 1> 32 6 XXIX. — XXXII. — ») 33 u 2 XXX. 1 XXIX. i XX. 1 XXXIII. 1 2 »» 2 >) 2 3 »> 3 f) 3 )) 3 J) 2 ,, 4 )> 4 „ 4 4 )J 5 H 5 )) 5 » 5 »» 6 J» 6 „ 6 1) 6 XXXI. 1 XXXVIII. 8 i) 7 »( . 7 >> 2 It 9 XXI. 1 XXVII. 3 3 J» 12 3> 2 J) 4 M 4 14 ») 3 » 7 M 5 ,, 15 )» 4 )» 8 1» 6 )» 16 „ S J) 9 »1 7 1» 17 >» 6 M 10 8 )» 18 „ 7 J> 11 »» 9 >1 19 „ 8 5 v 10 20 )i 9 XXVII. 13 11 )» 21 »l 10 ») 14 12 J) 22 XXII. '• 1 XXXIV. 1 13 23 11 2 „ 2 1) 14 )» 24 » 3 ' JJ 3 »J 15 >* 1 » 4 4 16 — — )» 5 »» 5 1) 17 XXXVIII. 2 J»~ 6 6 18 3 XXIII. — XX. 19 4 XXIV. 1 XXVI. 1 " ( 20 7 »> 2 ,, 2 M 21 — — I» 3 )» 3 XXXII. 1 XXI. 1 J> 4 J) 4 J) 2. 2 J» 4a „ 5 3 JJ 3 » 5 „ 6 »» 4 )» 4 ») 6 U 8 )f 5 »» 5 »J 7 9 ( 6 " 6 XXV. 1 XXX. 1 1, 7 7 M o 1» 2 )» 8 ») 8 J» 3 ») 3 )» 9 ») 9 J) 4 It 4 10 10 »» 5 t) 5 11 »> 11 >l 6 »J 6 12 )> 12 M 7 „ 7 ») 13 >) 13 »t 8 M 8 XXXIII. 1 XXXIX. 1 » 9 J» 9 2 2 »» 10 10 U 3 J» 3 It 11 )) 11 4 4 » 12 12 5 6 XXVI. . 1 XXVIII. 1 6 7 1» 2 *» 2 tl 7 M 12 »» 3 3 8 15 XXVII. 1 XXXVII. 1 9 16 H 2 J» 2 t» 10 1» 17 ») 3 — — i» 11 »» 6 » 4 XXXVII. 3 12 18 >» 5 •J 4 13 8 »» 6 »1 5 H 14 1» 9 »f 7 » 6 )» 15 !» 10 » 8 1J 7 » 16 »» 11 XXVIII. 1 XXXI. 1 17 J» 20 !» 2 ' J II 2 J» 18 )> 21 98 SUPREAlE COUR* OF JUDICATURE. [Law J. Old New Old New Order 1 Bule Order Bule Order Bule Order Rule XXXIII. 19 XXXIX. 22 . XXXVI. 14 _ J) 20 23 J* 15 L. 22 »> 21 24 16 » 15 »1 22 „ 25 17 J) 12 t) 23 26 M 18 13 )» 24 11 27 u 19 J) 18 J» 25 n 28 20 )» 8 »> 26 27 11 11 29 30 XXXVII. 11 1 la | VII. 35 »> 28 29 11 11 31 32 11 11 2 2a } «• 5 »> 30 11 33 3 II. 7 ») 31 11 34 4 L. 26 „ 32 11 35 11 5 IX. 19 J* 33 11 36 11 6 V. 8 )1 34 11 37 7 IJ 8,19 )) 35 38 8 M. 1 1) 36 39 9 r xxiii. \ LI. 4 J> 37 11 40 2 )> 38 11 41 „ 9a )> 3 » 39 ,, 42 10 >> 4 ») 40 „ 43 n 11a XXIII. 4 „ 41 11 44 12a LI. 6 >> 42 11 45 13 J» 9 »» 43 46 1} 14 )) 10 1» 44 11 47 15 >» 11 J) 45 „ 48 16a Jf 12 )) 46 11 49 () 17 VIII. 8 XXXIV. 1 XL. 1 18 LI. 13 it 2 )) 2 19 M 14 »» 3 )» 3 M 20, XXV. 43, 44 „ 4 )> 4 21 LI. 24 ,, 5 w 6 22 II. 15 ,, 6 ,, 5 „ 23a IX. 1 »> 7 „ 7 „ 24 6 )» 8 )» 9 25 V. 3 XXXV. 1 XLI. ' 4 26a XII. 12 I) 2 )> 7 27 XXIII. 3 „ 3 ») 8 28 XII. 15 „ 4 „ 1,2 30 M 11 „ 5 )> 3 n 31 LI. 15 XXXVI. 1 L. 1 32 16 11 la )» 2 11 33 n 17 „ 1* „ 4 34 18 11 lc „ 5 11 34a „ 19 J) 2 )J 7 11 35 20 11 3 ' I „ 16 36 ,, 21, 11 3a / " 11 37 XIX. 1 11 4 ii 17 11 38 o 11 5 — ■ — 39 5 11 6 L. 9 11 40 1) 6 J) 7 it 10 11 40a 7 11 8 »» 11 11 41 J» 8 11 9 „ 14 11 42 LI. 23 11 10 i> 19 43 — 11 11 11 11a } • 20 44 45 IX. 2 3 11 12 — — 46 V. 2 1> 11 13 13a } - 21 11 11 1 47 48 XXXV, 1 2 OL. 55.] ORDERS AND RULES. 97 Old New Old New Order Rule Order Rule Order Rule Order Rule SXXVII. 49 XXXV. 3 XXXIX.i 18 VIII. 1 50 — — 19 ») 3 51 XXXVI. 1 20 »J 2 52 2 21 »> 3 53 LI. 27 22 )» 4 :xxvin. 26 23 XII. 11 XXXIX. XLII. — 24 VIII. 6 XXXIX.a — XLIII. 1 2 25 26 IX. XLIV. 4 18,19 3 XL. — LI. 25 XXXIX.i 1 XLIV. 1 XLI. 1 XLV. 1 la 1 2 J» 2 2 2 3 i 3 3 H 3 4 , 4 4 4 5 > 5 5 5 6 > 6 6 6 7 , 7 7 » 7 8 , 8 8 8 9 i 9 9 9 10 > 10 10 10 11 » 11 11 11 XLII. 1 XLVI. 1 12 M 12 >> 2 »1 2 13 13 |# 14 „ 14 Charitable Trusts 1) 15 »» 15 Orders, March 1853 XLVIII. — 16 Jl 16 » 17 « 17 Probate Rules, 1858 XLIX. — VOT.- SK. OttTiWUB 4WT. Phtt # 98 SUPREME COUET OF JUDIOATUEE. [LAW J. THE COUNTY COUET BULES, 1886. The following Orders and Rules may be cited as "The County Court Rules, 1886," and shall apply, so far as may be practicable (unless otherwise expressly provided), to all proceedings taken in all actions and matters pending on the day on which these Rules come into force. The Orders and Rules mentioned in the Appendix hereto are hereby annulled, and the following Orders and Rules shall stand in lieu thereof. ORDER I. Court and Offices. 1.* Every Judge shall appoint the days and hours for holding his Courts ; and a notice of the day and hour on which each Court is to be holden shall, three months before the hold- ing thereof, be affixed in some conspicuous place in the Court-house and in the Registrar's office ; and whenever any day or hour so ap- pointed for holding the Court shall be altered, notice of such alteration shall immediately be affixed in like manner; but any Judge may from time to time hold additional and adjourned Courts. 2. Two Courts shall not be holden before the same Judge on one day, unless with the consent of the Lord Chancellor ; but this rule shall not apply to the holding of an adjourned Court, or to the City of London Court. 3. An office shall be kept open by the Re- gistrar at each place where the Court of which he is Registrar is holden, and such office shall be kept open every day from ten o'clock in the morning until four o'clock in the afternoon, except on Christmas Day, Good Friday, the Saturday next after Good Friday, Easter Monday, Easter Tuesday, Whit Mon- day, the first Monday in August, or any day appointed by royal proclamation for a public fast, humiliation, or thanksgiving, or any day appointed for closing the same by the Lord Chancellor ; provided that on Saturdays the office may be closed at one o'clock in the afternoon, but where Saturday is the market day of the town in which the Court is holden, the office shall not be so closed, but may be closed at one o'clock on some other day of the week instead of Saturday, which day shall be fixed upon for such purpose by the Judge, and shall not afterwards be changed except by his leave : Provided also, that an office need not be kept open in more than one place * 9 & 10 Vict. c. 96, a. 56, within the district of a Court, although the Court is holden at more than one place within the district, unless the Lord Chancellor shall otherwise order : And provided also, that during the days on which in such district the Court is held in any place other than in the place where the Registrar's office is situate, or on which an office is open at such other place, the office may be closed on such days in the place in which the office is required generally to be kept open. 4. The offices of the Courts, or any of them, may from time to time be closed by special order of the Lord Chancellor on such days as may be mentioned in any such order. ORDER II. Officers. Registrar. 1.* Whenever the Registrar or his lawful deputy is absent from the sitting of a Court, the Judge shall appoint a deputy to act on behalf of the Registrar ; and an entry of such appointment and of the cause of such absence (if known) shall be made on the minutes of the Court. 2.f The Registrar- shall keep books in the forms given in the Appendix, subject as follows : Where book A is used, neither books B, C, D, nor E shall be used, but book F shall be used. Where books B and C are used, neither books A, D, nor E shall be used, but book F shall be used. Where books D and E are used, books A and B shall not be used, but book C may be used ; and if book C be used, book F shall be used. Where the number of plaints entered in a Court have exceeded 2,000, and book A is not used, books C and F shall be used, and either book B or books D and E. Every Registrar acting as high bailiff may keep book K instead of books L, N, and T. Every entry in such books shall have a number prefixed, corresponding with the number of the plaint to which the entry relates. 8. The Registrar shalf file all documents delivered to him in any action or matter, and shall distinguish thorn by the number of the Elaint in respect of which they are filed, and :om each other, by a distinctive letter of the * 9 & 10 Vict. c. 96. s. 26. t 9 & 10 Vict. c. 96, s. 27. Vol. 55.] ORDERS AND RULES. 99 alphabet, and he shall enter in the " Notice Book " the fact of the despatch of all sum- monses to foreign Courts, and of documents, notices, and letters sent by him to any party, and all particulars required by the form of such book. 4. The Registrar shall issue all summonses, warrants, and orders of committal forthwith after the plaints are entered or the warrants or orders applied for. 5. "Where a summons is required to be served in a foreign district, the Registrar shall transmit the same and a copy thereof to the bailiff of the foreign Court within twenty-four hours after the plaint is entered, with a letter according to the form in the Appendix,* unless the Judge of the home Court shall order the summons in any particular case to be served by the bailiff of such Court ; and where any summons is returned to the Registrar of the home Court by the bailiff of the foreign Court, not served, the Registrar shall forthwith give notice to the plaintiff of such non-service : t The letter need not be transmitted from one Metropolitan Court to another, except with default summonses. 6. Where, by the indorsement on the copy of a summons made by a bailiff of a foreign Court, it shall appear doubtful whether the servioe will be held sufficient, the Registrar of the home Court shall forthwith on receiving back such copy send to the plaintiff a notice according to the form in the Appendix.^ 7. Copies of all proceedings or documents in the custody of the Court or its officers shall be prepared by the Registrar for any party entitled to require the same, upon pre-pay- ment of the costs of such copies. 8. The Registrar shall, in all cases where by these Rules particulars are required, annex to the summons a copy of the plaintiffs par- ticulars, sealed with the seal of the Court ; and shall also make and deliver to the bailiff a true copy of the summons. 9. Moneys to be paid into Court under the order of the Judge or otherwise may be so paid, during office hours, on every day on which such office is open. 10. Upon production of the plaint note, or of the duplicate thereof, mentioned in Order VII., the Registrar shall allow searches to be made, and shall pay out upon demand the money to which suitors are entitled (in cash if required) on three days, at the least, in each week, such days to be fixed by the Registrar from time to time, with the approbation of the Judge, and to be printed or written on the plaint note. For the purpose, however,, of enabling the Registrar 'to furnish the list of balances in the ledgers according to the re- » Forms 10, 19. f p °rm 12. $ Form 13 quirements of the Commissioners of Her Majesty's Treasury, no searches shall be made or money paid out of Court during one week in each year, provided that due notice of such week shall have been affixed in some con- spicuous place in the office of the Registrar a month beforehand. 11. Whenever money is paid into or de- posited in Court, whether before or after judgment, an acknowledgment in writing of such payment or deposit shall be given. 12. The books of the Court, including the banker's book and cash book, shall at all times be open to the inspection of the treasurer. 13. No Registrar, Deputy Registrar, Regis- trar's clerk, high bailiff, bailiff, broker, or other officer of the Court, and no partner or clerk of any such officer shall, on account of suitors, sign the ledger or any other book, or receive money or otherwise' act as an agent for that purpose. 14. Before executing any order directing the payment or transfer of any fund, or part of any fund, in respect of which any duty shall be payable to the revenue under the Acts relating to legacy or succession duty, it shall be the duty of the Registrar, before making the payment, to require a certificate from the proper officer of, or the production of the receipt for, the payment of the duty chargeable in respect of such fund, or any part thereof respectively. 15. Where any Judge acting for any other Judge under section twenty of the County Courts Act, 1867, shall sign any document, it shall be the duty of the Registrar to make a memorandum at the foot thereof according to the. form in the Appendix.* 16. Every Registrar shall comply with the regulations which may from time to time be made by the Commissioners of Her Majesty's Treasury for the safe custody of any secu- rities deposited with him under section 24 of the County Courts Act, 1867. Sigh Bailiff. 17. Whenever the high bailiff is absent from the sitting of a Court, he shall transmit to the Registrar a statement in writing of the cause of his absence, and an entry of the cause of such absence shall be made by the Registrar on the minutes of the then sitting or the next succeeding Court. 18. The high bailiff shall keep books and make returns according to the forms in the Appendix. 19. The high bailiff or a bailiff of the Court shall attend for the purpose of receiving pro- cesses or for the performance of other duties, at the office of the Registrar once at least * Form 4. 100 SUPREME COURT OF JUDICATURE. [Law J. every day during the hours it is open ; and shall compare and examine all processes de- livered to him by the Registrar, so as to enable him to prove their correctness. 20. An office of the high bailiff of a Court, in which the plaints entered shall have ex- ceeded six thousand in any one year, shall be kept open for the purpose of answering enquiries, giving information, or for any other purpose connected with the duties of the high bailiff, during the same hours as the office of the Registrar of the Court is to be kept open. 21. The high bailiff shall serve or cause to be served process issued out of the Court of which he is high bailiff, or sent to him for service from other Courts, as soon as prac- ticable. 22. If the service of the summons" has been personal, the bailiff who served the same shall indorse on the copy of the sum- mons delivered to him by the Registrar the fact of such service ; and if the service has not been personal, he shall indorse on such copy the statement made by the person to whom the summons was delivered, and any circumstance from which it may be inferred that the service of the summons has come to the knowledge of the defendant; and if the summons has not been served, the bailiff shall indorse on such copy the reason of such non-service : all indorsements on summonses shall be signed by such bailiff. The high bailiff shall deliver to the Registrar the copy of every summons which has been served, and also the summons itself when not served, together with the list of summonses men- tioned in Rule 27 of this Order, and such copies and summonses shall be produced by the Registrar or high bailiff, as the Judge may require. 23. Where an ordinary summons required to be served in a home district has not been served, the high bailiff shall forthwith give notice to the plaintiff of the fact of such non-service according to the form in the Appendix.* 24. Where from the answers given by the person to whom an ordinary summons is de- livered at the place mentioned in a summons as the residence or place of business of the defendant it is doubtful whether the Judge will be satisfied that the service has come to the knowledge of the defendant before the return-day, the high bailiff shall forthwith send to the plaintiff a notice according to the form in the Appendix.f 25. Where an ordinary summons is re- quired to be served in a foreign district, the high bailiff of that district shall, eight dear days at least before the return-day, transmit the copy thereof to the Registrar of the home Court duly indorsed and signed by the bailiff (who shall name the Court of which he is a bailiff), and also the summons itself when •not served. 26. Where the high bailiff of a foreign Court neglects to return to the Registrar of the home Court the copy of a summons as required by the last preceding rule, or of a judgment summons, three clear days before its return-day, the Judge of the home Court may, upon evidence of such summons having been posted to the high bailiff of the foreign Court, direct notice, according to the form in the Appendix,* to be given to such high bailiff that the said Judge will on a day to be men- tioned, unless such high bailiff shew cause to the contrary, make an order directing such high bailiff to pay to the plaintiff such sum as the Judge may think reasonable, as com- pensation for any loss of time and expense which may have been caused to the plaintiff by such neglect, and if on the day mentioned the Judge shall make any order for payment by such high bailiff a memorandum of such order shall be made in the minute-book, and the Registrar of the home Court shall transmit to the high bailiff of the foreign Court a notice thereof accordingto the form in the Appendix,t and if the high bailiff shall not remit to the Registrar of the home Court the sum directed by the order to be paid, the Registrar shall transmit to the treasurer of the foreign Court a copy of the notice, certifying thereon the neglect of the high bailiff to pay the money as required, and the treasurer shall deduct such sum from any payment he may there- after make to the high bailiff. 274 Seven clear days before the day of holding any Court the high bailiff shall de- liver to the Registrar a list of all ordinary summonses on plaint before judgment, issued to him, returnable at such Court, and shall state therein the mode of service or the cause of non-service of each summons. 28. Within two days after the service of a default summons, the high bailiff of the Court in the district of which it has been served shall send notice thereof to the plaintiff ac- cording to the form in the Appendix,§ and shall return the copy of the summons duly indorsed to the Registrar of the Court from which it issued, and where any such sum- mons cannot be served within one month from the date of issue, such high bailiff shall send to the plaintiff a notice seating why it has not been served, and shall send a similar * Form 12. f Form 13. * Form 175. % 9 & 10 Vict. c. 95. s. 33. t Form 176. § Form 22, Vol. 55.] ORDERS AND RULES. 101 notice at the end of every one month during which it shall remain in force and unserved.* 29. The high bailiff shall enter in the " Order Book" all orders for the payment of money or costs, or both, which he shall have reoeived, and the date on which he shall have caused the same to be posted. 30.t The high bailiff shall execute every warrant and order of committal issued to bim as soon as possible, and shall enter in the proper book every warrant and order of committal which he has been required to execute, and shall state from time to time therein what he shall have done under each warrant or order, and if the same be not executed within one month from the day of delivery to him, why it has not been exe- cuted; and shall, at all reasonable times, give to a suitor, his solicitor or agent, every information which he may reasonably re- quire as to the execution or non-execution of any warrant or order which has been issued at his instance. 31. Every high bailiff levying or receiving any money by virtue of the process of any County Court shall, except where he shall by statute be required to retain the same, within twenty-four hours from the receipt thereof, pay over the same to the Registrar of the Court, of which he is high bailiff, who shall indorse upon the warrant a memorandum of having received the same, and the high bailiff shall file such process and retain the same in his custody. 32. In cases where the high bailiff is re- quired under the Bankruptcy Act, 1883, to hold the proceeds of an execution for fourteen days, he shall, within twenty-four hours after the completion of the levy, send to the execu- tion creditor notice according to the form in the Appendix J of the levy and of the amount realised thereunder. 33. Where the high bailiff withdraws from possession in consequence of having received notice that a receiving order in bankruptcy has been made, he shall, within twenty -four hours after such withdrawal, send to the execution creditor notice thereof according to the form in the Appendix. § 34. || Whenever a warrant or order of com- mittal required to be executed in a foreign district has not been executed within one month from the day of delivery, the high bailiff of the foreign Court shall, on the day after the termination of such month, make a return to the Registrar of the home Court according to the form in the Appendix,^ and * Form 23. t 9 & 10 Vict. c. 95. ss. 33 and 94. $ Form 170. § Form 171. || 9 & 10 Vict. c. 95. ss. 33 and 104. f Form 173. when the same warrant or order has not been executed during the time it is in force such high bailiff shall return the same to the Registrar of the home Court within twenty- four hours from the expiration of such time, and shall indorse on such warrant or order the reason why the same could not be exe- cuted, and he shall sign such indorsement, but the high bailiff shall return such warrant or order, although unexecuted, to the home Court at any time if he shall be directed so to do by the Registrar of the home Court, and he shall at all times give such informa- tion as such Registrar may require respecting such warrant or order. 35. Where any personal property is directed to be sold by auction, detained or preserved, the high bailiff shall, if the Court so direct, superintend such sale, detention, or preserva- tion ; and where the property is to be sold by private contract, he shall carry out the direc- tions of the Court in respect of such sale, but this rule shall not apply to an execution is- sued under section 94 of the County Courts Act, 1846. 36. Where a warrant shall direct the high bailiff to detain and preserve any goods or chattels, he shall take and retain possession thereof until further order be made by the Court thereon. 37. Where a warrant shall direct the high bailiff to take possession of any goods or chattels until good security be given by some party for the safekeeping, or for the payment of the value of the same in default of such safe keeping, but shall not specify the amount of such security, he shall make or cause to be made an inventory or appraisement of the goods or chattels which he may take into his possession ; and, upon receiving as a deposit the amount of such appraisement or sufficient security, to be approved by the Registrar, for the safe custody of such goods and chattels, and for the delivery up of possession thereof upon request, shall relinquish the possession thereof on condition that the same shall be re- delivered to him or held to abide the order of the Court. If the warrant shall specify the amount of security no less deposit or se- curity shall be sufficient. 38. Where the plaintiff sues by a solicitor, the notices referred to in Rules 5, 6, 23, 24, and 28 of this Order, shall be sent to such solicitor. ORDER III. Parties. Generally. 1. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, 102 SUPREME COURT OF JUDICATURE. [Law J. or in the alternative. And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment. But the defendant, though unsuccessful, shall be entitled to any extra costs occasioned by so joining any per- son who shall not be found entitled to relief, unless the Court in disposing of the oosts of the action shall otherwise direot. 2. All persons may be joined as defendants against whom the right to any relief is al- leged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defen- dants as may be found to be liable, according to their respective liabilities, without any amendment. 3. It shall not be necessary that every de- fendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him ; but the Judge or Registrar may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in such action in which he may have no interest. 4. The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes. 5. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what ex- tent, may be determined as between all parties. 6. Trustees, executors, and administrators may sue and be sued on behalf of or as re- presenting the property or estate of which they are trustees or representatives, without joining any of the persons beneficially in- terested in the trust or estate, and shall be considered as representing such persons ; but the Judge may, at any stage of the proceed- ings, order any of such persons to be made parties to the action, either in addition to or in lieu of the previously existing parties thereto. 7. Where there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised, at or before the trial, by the Judge or Registrar to defend in such action or matter, on behalf or for the benefit of all parties so interested. 8. Where a defendant desires to defend on behalf or for the benefit of others having the same interest he shall within two clear days of the date of service of the summons on him give notice to the plaintiff of his inten- tion to apply, upon a day and hour to be named in such notice, to the Registrar for leave so to defend, and shall file an affidavit of the facts upon which he relies to obtain such leave, together with the names, ad- dresses, and occupations of such persons, and the Registrar may thereupon make an order for the defendant so to defend, and shall add the names to that of the defendant in the plaint and minute-book, and a copy of such order shall be personally served on each of such persons and notice sent to the plain- tiff according to the form in the Appendix : * Provided that the plaintiff or any of the per- sons whose names have been so added may at the trial object to the defendant defending on behalf of all or any of the persons as to whom such order has been made, and the Judge may thereupon, if he thinks fit, strike the name of all or any of suoh persons out of the proceedings, and order the defendant to pay such costs as he shall think fit. Persona under disability. 9. Infants may sue as plaintiffs by their next friends, and may defend by their guar- dians appointed for that purpose, but nothing herein contained shall affect the right of any infant to sue as if he were of full age in the cases enumerated in the County Courts Act, 1846. 10. In those cases to which the Married Women's Property Act, 1882, does not apply, a married woman may sue by her next friend, nevertheless by leave of the Judge or Regis- trar she may sue or defend without her hus- band and without a next friend, on giving such security, if any, for costs, as the Judge or Registrar may require, and such leave may, in the discretion of the Judge or Regis- trar, be given with or without the imposition of terms, at the trial, or at any time during the course of the action or matter. 11. In all cases in which lunatics and per- sons of unsound rnind not so found by in- quisition might respectively before the 1st of November, 1875, have sued as plaintiffs or would have been liable to be sued as defen- dants in any action, they may respectively sue as plaintiffs in any action by their com- mittee or next friend according to the prac- tice of the Chancery Division of the High Court of Justice, and may in like manner defend any aotion by their committees or guardians appointed for that purpose. 12. In all actions or matters to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any * Form 111. Vol. 55.] ORDERS AND RULES. 103 consent as to the mode of taking evidence or as to, any other procedure given by the next friend, guardian, committee, or other person acting on behalf of the person under dis- ability, shall, with the consent of the Judge, have the same foroe and effect as if such party were under no disability and had given such consent. Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the sanction of the Lord Chancellor or Lords Justices sitting in Lunacy. Partners. 13. Any two or more persons claiming or being liable as co-partners may sue or be sued in the name of their respective firms, if any, of which such persons were co-part- ners at the time of the accruing of the cause of action ; and in any such case on applica- tion by any party to the action the Registrar may order a statement of the names of the persons who were at the time of the accruing of the cause of action co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Registrar may direct : Provided that where a co -partnership has been dissolved to the know- ledge of the plaintiff before the commence- ment of the action, the summons shall be served upon every person sought to be made liable. 14. Where an action is brought by partners in the name of their firm the plaintiffs or their solicitors shall, on demand made in writing by or on behalf of any defendant, forthwith send by post to the defendant so applying and to the Registrar the names and places of residence of all the persons con- stituting the firm on whose behalf the action is brought. Provided, that if from the names of the members of the co-partnership not being given by the plaintiff before entering the plaint, or from any delay in giving the same upon the before-mentioned notice, the defendant is prevented or unduly delayed in making, his defence, the Judge may adjourn the hearing upon such terms as he may think fit. 15. "Where persons are sued as co-partners in the name of their firm, and the plaintiff desires to obtain judgment against each member of the firm, he shall, on the entry of the plaint, state the names of the persons sought by him to be made liable as co- partners in such firm, and the Registrar shall thereupon attach to the summons a notice, according to the form in the Appendix,* that if sufficient cause be not shewn at the trial the Judge will order judgment against all the * Form 110. persons whose names have been so given ; and the Judge may at the trial give judg- ment, if he thinks fit, against all the persons whose names have been inserted in such notice, and who shall have been served with the summons and notice in the manner and within the time in which an ordinary sum- mons should be served. 16. Any person carrying on business in the name of a firm apparently consisting of more than one person may be sued in the name of such firm. Advwmstration cmd Execution of Trusts. 17. In any case in which the right of an heir-at-law or the next-of-kin or a class shall depend upon the construction which the Judge may put upon an instrument, and it shall not be known or shall be difficult to ascertain who is or are such heir-at-law or next-of-kin or class, and the Judge shall con- sider that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, next-of-kin, or class shall have been ascertained by means of enquiry or otherwise, the' Judge may appoint some one or more proper persons appearing to him on such evidence as he shall think sufficient to have a presumptive or prima facie claim to be re- garded as heir-at-law, or one of the next-of- kin, or other class in question, to represent such heir-at-law, next-of-kin, or class, and the judgment of the Judge in the presence of such persons shall be binding upon the heir- at-law, next-of-kin, or class so represented. 18. Any residuary legatee or ' next-of-kin entitled to a judgment or order for the ad- ministration of the personal estate of a de- ceased person, may have the same without serving the remaining residuary legatees or next-of-kin. 19. Any legatee interested in a legacy charged upon real estate, and any person in- terested in the proceeds of real estate directed to be sold, and who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the estate. 20. Any residuary devisee or heir entitled to the like judgment or order, may have the same without serving any co-residuary devisee or co-heir. 21. Any one of several cestuis que trust under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument, may have the same without serving any other cestui que trust. 104 SUPREME COURT OF JUDICATURE. [Law J. 22. Any executor, administrator, or trustee entitled thereto may have a judgment or order against any one legatee, next-of-kin, or oestui que trust for the administration of the estate or the execution of the trusts. 23. The Judge may require any person to be made a party to any action or matter, and may give the conduct of the action or matter to suoh person as he may think fit, and may make such order in any particular case as he may think just for placing the de- fendant on the record on the same footing in regard to costs as other parties having a com- mon interest with him in the matters in question. 24. Wherever, in any action for the ad- ministration of the estate of a deceased per- son or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or an order has been pronounced or made, the Judge may direct that any persons interested m the estate or under the trust or in the heredita- ments, shall be served with notice of the judgment or order ; and after such notice such persons shall be bound by the proceedings, in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may, at the next sitting of the Court, after such service, or by leave of the Judge at any subsequent sitting, apply to the Judge to discharge, vary, or add to the judgment or order. 25. Where it shall be necessary to serve any parties with the notice mentioned in the last preceding rule, the same shall be pre- pared by the Registrar, and issued by him to the bailiff who shall serve the same, and upon such notice the party served therewith may attend the proceedings under the judgment or order. 26. Notice of a judgment or order on an infant or person of unsound mind not so found by inquisition shall be served in the same manner as a summons in an action. 27. In any action or matter to execute the trusts of a will it shall not be necessary to make the heir-at-law a party. 28. If in any action or matter it shall ap- pear to the Judge that any deceased person who was interested in the matter in question has no legal personal representative, the Judge may proceed in the absence of any person representing the estate of the deceased person, or may appoint some proper person to represent his estate for all the purposes of the action or matter on such notice to such persons, if any, as the Judge shall think fit, either specially or generally, by public ad- vertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly con- stituted legal personal representative of the deceased had been a party to the action or matter. 29. In any action or matter for the ad- ministration of the estate of a deceased per- son, no party other than the executor or administrator shall, unless by leave of the Judge, be entitled to appear on the claim of any person not a party to the action or matter against the estate of the deceased person in respect of any debt or liability. The Judge may direct or give liberty to any other party to the action or matter to appear, either in addition to or in Jihe place of the executor or administrator, upon such terms as to costs or otherwise as he shall think fit. ORDER IV. Joinder of Causes of Action. 1. No cause of action shall, unless by leave of the Judge or Registrar, be joined with an action for the recovery of land, except claims in respect of mesne profits, or arrears of rent or double value in respect of the premises claimed, or any part thereof, or damages for breach of any contract under which the same or any part thereof are held, or for any wrong or injury to the premises claimed. 2. Claims by a trustee in bankruptcy as such shall not, unless by leave of the Judge or Registrar, be joined with any claim by him in any other capacity. 8. Subject to the two preceding rules a plaintiff may unite in the same action several causes of action, without leave of the Court. 4. Claims by or against husband and wife may be joined with claims by or against either of them separately. 5. Claims by or against an executor or ad- ministrator as such may be joined with claims by or against him personally, pro- vided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator. 6. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant. 7. If at any time it appears or is made to appear to tho Judge that any causes of action united or claims joined in any action cannot be conveniently tried and disposed of to- gether, he may order separate trials, or may exclude any such cause of action or claim, and may order the proceedings to be amended accordingly, and may make such order as to costs as may be just. Vol. 55.] ORDERS AND RULES. 105 ORDER V. Commencement of Action. 1. All actions, suits, arid proceedings which prior to 2nd of November, 1875, were required by statute or otherwise to be commenced by entry of a plaint, shall be called actions, and shall be commenced by entering a plaint and issuing a summons.* 2. where the parties, in pursuance of sec- tion 23 of the County Courts Act, 1856, agree to try any action in a County Court, a plaint shall be entered, and a summons shall be issued thereon, as in other cases, and all the rules and practice of the Court shall apply in such cases, so far as the same are applicable. The plaintiff on entering the plaint shall file with the Registrar the memorandum of con- sent required by the statute. 3. Where an action can be brought to re- cover possession of a tenement under the pro- visions of the County Courts Act, 1856, no action shall be brought under the County Courts Act, 1867. Actions brought under the former Act shall be distinguished as actions for the recovery of possession, and actions under the latter Act shall be distinguished as actions for the recovery of land. 4. No plaint shall be entered without the party desiring to enter the same filing a praecipe for that purpose, such praecipe shall contain (a) the Christian name and surname, description, and residencebr place of business of the plaintiff, (6) the surname, and, subject to the provisions of Rule 9 of this Order, the residence or place of business of the defendant, and (where known) his Christian name and description, the number of his house or place of business, and the name of the street hi which it is situate, (c) a short statement of the cause of action, or remedy or relief sought, and the amount of the debt or dam- ages claimed : Provided that where the in- tended plaintiff is illiterate and unable to furnish the required information in writing, such praecipe shall be filled up by the Regis- trar's clerk. If the plaint be entered by a solicitor, he shall state in such precipe his name and place of business. 5. If the plaintiff sues, or the defendant or any of the defendants is sued, in a represen- tative capacity, it shall be stated in the pre- cipe in what capacity the plaintiff sues or the defendant is sued. 6. Where the issue of a default summons is desired, and the plaintiff or his solicitor wishes the same to be served otherwise than by the bailiff, he shall so request in the pre- cipe required to be filed before the entering of the plaint. 7. Where it shall appear, on an application * Forms 6 and 7. Vol. 55. — fh*Tti?»a am™ p^t.-. for the entry of a plaint, that the plain tiff does not reside in England or Wales, the summons shall not be issued until security for costs, by deposit of money or otherwise, shall have been given to the satisfaction of the Registrar : Provided that where the plaint is entered through a solicitor, an undertaking by him, according to the form in the Appendix,* to be responsible for the costs shall be sufficient. 8. Where a person desires to enter a plaint in a Court within the district of which he does not reside, he may, instead of attending in person or by agent at the Court, transmit, free of cost, to the Registrar thereof: (1.) A praecipe containing the information required to be given under Rule 4 of this Order, and where the claim exceeds 40s., as many copies of the particulars of his demand or cause of action as there are defendants, and an additional copy to file. (2.) A Post Office order for the fees due upon the entry of the plaint payable to the Registrar at the post office of the town or place in which the Court is held. (3.) An envelope addressed to himself, with a penny postage stamp thereon. And upon the receipt of the above the Regis- trar shall enter the plaint, and forward the plaint note to the plaintiff in the addressed envelope. For the purpose of this rule the "several districts of the Metropolitan Courts shall be- considered inter se as one district only. 9. Where leave to enter a plaint under sec- tion 1 of the County Courts Act, 1867, is re- quired, the application shall be in writing, and shall set forth the facts upon which the application is grounded, and shall be signed by the party applying. Upon the hearing of the application the Judge or Registrar, upon being satisfied by the evidence on oath ad- duced by or on behalf of the party that the facts are truly stated and legally justify leave being granted, may grant the leave accord- ingly. Where the party resides at a distance from the Court, the facts set forth in the ap- plication shall be verified by affidavit. Every order granting leave under this rule shall be according to the form in the Appendix,! and shall be signed by the Registrar in his own handwriting. The summons may be issued, although the plaintiff cannot give the present place of residence or of business of the defen- dant ; but in that case the defendant shall be served personally, whether within the district of the home Court, or wherever else in Eng- land or Wales he may be met with. 10. Where under section 1 of the County Courts Act, 1875, the leave of the Judge or Registrar is required for the issue of a sum- * Form 68. f Form 15. 106 SUPREME COUET OF JUDICATURE. [Law J. raons in the form or to the effect given in Schedule B. to that Act, no such leave shall be given unless the occupation and descrip- tion of the defendant shall be fully set out in the affidavit given in Schedule A. to the Act, and no such leave shall be given in cases where in the affidavit it appears that the de- fendant is a domestic or menial servant, a labourer, a servant in husbandry, a journey- man, an artificer, a handicraftsman, a miner, or any person engaged in manual labour.* 11. Where an infant desires to commence an action (other than for wages or piece-work, or for work as a servant), or is a claimant in an interpleader proceeding, he shall procure the attendance of a next friend, at the office of the Registrar, at the time of entering the plaint or delivering the particulars of the goods and chattels alleged to be his property. The plaint shall not be entered or the par- ticulars received until the next friend has undertaken, according to the form in the Ap- pendix^ to be responsible for costs, and on entering into such undertaking the next friend shall be liable in the same manner and to the same extent as if he were himself the plaintiff; and the action or interpleader proceeding shall proceed in the name of the infant by such next friend, and the undertaking shall be filed by the Registrar ; but no order' of the Court shall be necessary for the appointment of such next friend. If the infant fail in or discontinue his action or proceeding, and do not pay the amount of costs ordered to be paid by him to the defendant, proceedings may be taken for the recovery of such amouut from the next friend as for the recovery of a judgment debt. 12. "Where a plaint is entered by a married woman in which her husband shall not be joined, she shall state the name, and so far as she can, the address and description of her husband ; and, except in those cases to which the Married Women's Property Act, 1882, applies, she shall, unless the Judge or Regis- trar shall otherwise order, also procure the attendance of a next friend, who shall give the same undertaking and incur the same lia- bility as the next friend of an infant plaintiff. 13. Where a plaintiff requiring a default summons does not desire the order upon the judgment to be for payment forthwith, he may at the time of the entry of the plaint file a notice, signed by himself or his solicitor or agent, of the time or times, and of the instal- ments, if any, at or by which he consents to accept payment, together with as many copies of such notice as there are defendants ; % and a copy of such notice shall be annexed to the summons, and served therewith ; and if he * Forms 14, 16. f Form 64. % Form 20, neglects to file such notice he may neverthe- less give notice to the Registrar to the like effect at the time of entering up judgment. ORDER VI. Particulars and Statement of Claim. 1. A plaintiff shall in all cases, at the time of the entry of the plaint, file particulars of his demand or cause of action ; and where the demand exceeds fifty pounds, and the plaintiff desires to abandon the excess, the abandonment of the excess shall be entered at the end of the particulars ; but this rule shall not apply where a sum sought to be re- covered by ordinary summons does not exceed forty shillings. 2. In all cases in which the plaintiff in the first instance desires to have an account taken, the particulars shall contain a claim that such account be taken. 3. In all cases where the assignee of any debt or other legal chose in action sues, he shall state on his particulars the name and description of the assignor. 4. In all actions for the recovery of land, the particulars shall contain a full description of the property sought to be recovered and of the annual value thereof, and of the rent, if there be any, fixed or paid in respect thereof. 5. Where an action is brought under sec- tion 12 of the County Courts Act, 1867, whatever the amount of damages claimed may be, the plaintiff shall, at the time of the entry of the plaint, file a concise statement in writing, signed by himself or his solicitor, of his cause of action, and of the particulars thereof. 6. Where any person entitled to bring or maintain an action for the administration of the estate of any deceased person or the execution of any trust desires to submit for the determination of the Court any of the following questions or matters : — (a.) any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin, or heir-at-law, or cestui que trust : (6.) the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others : (c.) the furnishing of any particular ac- counts by the executors or administra- tors or trustees, and the vouching (when necessary) of such accounts: (d.) the payment into Court of any money in the hands of the executors or adminis- trators or trustees : (e.) directing the executors or administra- tors or trustees to do or abstain from doing any particular act in their character Vol, 55.] ORDERS AND RULES. 10? as such executors or administrators or trustees : (/.) the approval of any sale, purchase, compromise, or other transaction : ig.) the determination of any question arising in the administration of the estate or trust : he shall in his particulars specify concisely the question or matter upon which the deci- sion of the Court is required; and that he is willing to renounce his right to an order for a general administration of the estate or trust. 7. Where the plaintiff seeks to obtain pay- ment or satisfaction, or relief, redress, or remedy upon more than one cause of action or claim, he shall state in his particulars the grounds of each claim separately, and shall also state separately the payment or satis- faction, relief, redress, or remedy he claims in respect of each. 8. In all actions the defendant may, within three clear days of his being served with the summons, give notice to the plaintiff that he requires further particulars, and the plaintiff shall, within two clear days of service of such notice, file full particulars of his claim, and of the relief or remedy to which he claims to be entitled, and within the same time shall deliver to the defendant a copy thereof. If the plaintiff fails to comply with such notice, or complies therewith insuf- ficiently, the Judge before or at the trial, if satisfied that the defendant is thereby prejudiced in his defence, may order the plaintiff to file and deliver full particulars, and may adjourn the action, and stay all proceedings therein, until such order has been complied with, and may make such order as to costs as he may think fit. 9. "Where the amount claimed in any case includes a fraction of a penny, such fraction shall not be entered in the books of the Court, and judgment shall not be given for any fraction of a penny. 10. The solicitor of a plaintiff suing by a solicitor shall indorse on the particulars his name, or firm, and place of business, and shall state thereon where he will accept service of proceedings in the action or matter on behalf of the plaintiff, otherwise the costs of entering the plaint by the solicitor shall not be allowed. ORDER VII. Plaint Note and Summons. 1* At the time of entering the plaint the Registrar shall give to the plaintiff or his solicitor or agent a note under the seal of the Court, according to the form in the Appendix, f * -9 & 10 Vict. c. 95. s. 59. f Forms 7 > 8 » 9 - In the event of such note being lost or de- stroyed, a duplicate thereof may be given from time to time to the plaintiff, or his agent duly authorised in that behalf, upon proof by affidavit or otherwise, to the satisfaction of the Registrar, that the person applying is the plaintiff, or his agent authorised in that be- half, and that he is entitled to the money paid into Court to his credit. Summons on Plamt. 2.* Summonses to appear to a plaint shall be according to the forms in the Appendix,t and shall be dated of the day on which the plaint was entered, and the date thereof shall be the commencement of the action. 3. Where a summons is issued by leave of the Judge or Registrar, the words " by leave of the Judge" or "by leave of the Regis- trar," as the case may be, shall appear on the face of the summons. 4. In all cases the particulars where re- quired to be filed shall be annexed to the summons before service, and shall be deemed to be part thereof. Ordinary Summons and Service. 5. An ordinary summons may be return- able either at the Court for which plaints are then being entered, or at the request of the plaintiff at any subsequent Court. 6. Where an ordinary summons has not been served, successive summonses may be issued without entering a new plaint, unless the non-service has been caused by the fact of the plaintiff having mis-stated the name of the defendant or having given a wrong or insufficient address, or of the defendant hav- ing, before the entry of the plaint, removed from the address given on the entry of the plaint, but if the bailiff shall ascertain a sufficient time before the return day that the defendant has removed to some other place within the district of the Court, he shall serve the summons at such other place, in- dorsing on the copy thereof the new address. Successive summonses shall bear the same date and number as the summons first issued, which date and number shall be written in red ink in the " Plaint Book," and such sum- monses shall be a continuance of the first summons ; provided that no successive sum- mons shall be issued on a plaint after three months from the date of entry. 7. The summons in an action brought under section 11 of the County Courts Act, 1867, to recover lands, should, in order to insure its service, be delivered to the bailiff forty clear days at least before the return- * 9 & 10 Vict. c. 95. s. 59. f Forms 11,16, 17. 108 SUPREME COURT OF JUDICATURE. [Law J. day, and shall be served thirty-five clear "days before the return -day thereof. 8.* An ordinary summons to appear to a plaint (except in an action to recover lands), where it is to be served in the home district, should, in order to insure its service, be de- livered to the bailiff at least twelve clear days, and where it is to be served in a foreign district fifteen clear days, before the return- day, but it shall, in either case, be served at least ten clear days' before the return-day thereof; provided that a summons may be issued and served at any time before the return-day, on production by the plaintiff to the Registrar of an affidavit shewing that the defendant is about to remove out of the ordi- nary jurisdiction of the Court or of that of the Court in which he then resides ; and the service of such summons may be deemed good service if at the hearing the Judge is satisfied on the evidence on oath before him that such party was about to remove oiit of the ordinary jurisdiction of the Court, but in every such case, whether such proof be given or not, the Judge may, in his discre- tion, and on such terms as he shall think fit, adjourn the hearing. 9. The service of an ordinary summons, except in the cases specially provided for in this order, may be either personal, or by delivering the same to some person, appar- ently not less than sixteen years old, at the house or place of dwelling, or place of busi- ness, of the defendant. If the bailiff shall ascertain that the defendant has removed from the address given on the entry of the plaint to some other place within the district, he shall serve the summons at such place. A place of business shall not be deemed to be the place of business of the defendant unless he shall be the master or one of the masters thereof. 10. When an infant is a defendant in any action or matter, service on his father or guardian, or (if none) on the person with whom the infant resides or under whose care he is, shall, unless the Judge or Registrar otherwise orders, be deemed good service on the infant. 11. Where a lunatic or a person of un- sound mind, not so found by inquisition, is a defendant in any action or matter, service on the committee (if any) of the lunatic, or (if none) on the person with whom the person of unsound mind resides or under whose care he is, shall, unless the Judge otherwise orders, be deemed good service on such defendant. 12. Where persons are sued as partners in the name of their firm, the summons shall * 9 & 10 Vict. u. 95. s. 59. be served either upon any one or more of the partners, or at the principal place of the partnership business in England or _ Wales upon any person having or appearing to have at the time of service the control or management of the business there, and, sub- ject to these rules, such service shall be deemed good service on the firm. 13. Where one person carrying on busi- ness in the name of a firm apparently con- sisting of more than one person, shall be sued in the firm name, the summons may be served at the principal place of business of the firm, in England or, Wales, upon any person having or appearing to have at the time of service the control or management of the business there ; and such service, if sufficient in other respects, shall be deemed good service on the person so sued. 14. Where husband and wife are both defendants in any action or matter, they shall both be served, unless the Judge or Registrar shall otherwise order. 15. Where a defendant is living or serving on board of any ship or vessel, it shall be sufficient service to deliver the summons to the person on board who is, at the time of such service, apparently in charge of such ship or vessel. 16. Where a defendant is residing or quartered in any barracks, and serving Her Majesty as a soldier or marine, it shall be sufficient service to deliver the summons at the barracks to the adjutant of the corps, or to any officer or sergeant of the company or troop to which such- soldier or marine be- 17. Where a defendant is a prisoner in a gaol, it shall be sufficient service to deliver the summons at the gaol to the governor or any person appearing to be the head officer in charge thereof. 18. Where a defendant is working in any mine or other works underground, it shall be sufficient service to deliver the summons at the mine or works to the engine-man, banks- man, or other person apparently in charge of the mine or works. 19. Where the defendant is employed and dwells in any lunatic or other public asylum, or in any common gaol or house of correc- tion, it shall be sufficient service to deliver the summons to the gate-keeper or lodge- keeper of the asylum, gaol, or house of correc- tion. 20. Where a defendant keeps his house or place of dwelling or place of business closed, in order to prevent a bailiff from serving the summons, it shall be sufficient service to affix such summons on the door of such house or place of dwelling or place of business. 21. Service of the summons in an action Vol. 55/] OEDEES AND EULES. ios to recover land may, in case of vacant posses- sion, if it cannot otherwise be effected, be made by posting a copy of the summons upon the door of the dwelling-house or other conspicuous part of the property. 22. 1 Where a bailiff is prevented by the violence or threats of the defendant, or of any other person in concert with him, from personally serving the summons, it shall be sufficient service to leave such summons as near to the defendant as practicable. 23. In the absence of any statutory provi- sion regulating the service of process, service may be made on a corporation aggregate, on the mayor or other head officer, or on the town clerk, clerk, treasurer, or secretary of such corporation, and when, by any statute, provision is made for service of any writ of summons, bill, petition, summons, or other process upon any corporation, or upon any hundred, or the inhabitants of any place, or society or fellowship, or any body or number of persons, whether corporate or unincor- porate, a summons may be served in the manner so provided. , 24. Service of the summons may be effected on a railway company by delivering the summons to a secretary, station master, or clerk of the company, at any station or office of the company within the district of the Court in which the summons is to be served. 25. Where the summons, though not served personally, has been delivered at the house or place of dwelling or place of busi- ness of the defendant, and he does not appear, in person or by his solicitor or agent, at the return-day, the action may proceed if the Court is satisfied, on the evidence before it, that the service of such summons has come to the knowledge of the defendant before the return-day, but no such evidence shall be necessary in the cases specially mentioned in the rules 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 of this Order. 26. Whenever a summons has been served in one of the modes hereinbefore mentioned, but it appears that it has come to the know- ledge of the defendant less than ten clear days before the return-day, the action may, at the discretion of the Court, proceed or be adjourned, whether the defendant appears or not on such return-day. 27. Where a summons shall issue under section 18 of the County Courts Act, 1856, the same shall be served by the bailiff of the district within which the defendant dwells or carries on business, unless the Judge shall otherwise specially order ; provided that this rule shall not interfere with the general power, now vested in the bailiff of the Court from which the summons has issued, to serve the same within five hundred yards of the boundary of his district. 28. The above rules as to the service of summonses to appear to a plaint shall apply to the mode of service of all summonses whatsoever, except where otherwise directed by statute or by these rules. Default Summonses and Service. 29. Default summonses shall be personally served within a period of six months from their date ; but if any defendant therein named shall not have been served' therewith, the plaintiff may, before the expiration of six months, apply to the Eegistrar, and if the Eegistrar is satisfied that reasonable efforts have been made to serve such defendant, or that there is some other good reason why service has been delayed, may issue a succes- sive summons for a further period of six months, and so from time to time during the currency of the successive summons, and such successive summonses shall be a 'con- tinuance of the action on and from the day on which the plaint was entered. 30. A default summons may be served in any district in which the defendant may be met with by — (a.) The bailiff of the home Court. And when so requested at the entry of the plaint, under Order V., Eule 6 — (6.) By the plaintiff or some clerk or ser- vant in his permanent and exclusive em- ploy, (c.) By the plaintiffs solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them. Provided that, if in any case in which no request has been made at the entry of the plaint under Order V., Rule 6, any difficulty is experienced by the bailiff in effecting ser- vice, the summons may by leave of the Registrar be served by the plaintiff or some clerk or servant in his permanent and exclu- sive employ, or by the plaintiff's solicitor or the agent of such solicitor as aforesaid, or some person in the employ of either of them. 31. Where a default summons has been served otherwise than by the bailiff as in the last preceding Rule mentioned, a copy of such summons, together with an affidavit of the service thereof according to the form in the Appendix,* shall within three clear days next thereafter, or within such further time as may be allowed by the Registrar, be de- livered or transmitted for filing to the Regis- trar of the Court issuing such summons. 32. Where a default summons has not been returned to the Registrar within six months from the date of its issue it shall be * Form 21, iio SUPREME COURT OF JUDICATUBE. [Law J. struck out of the plaint book, unless the time for its service has been extended. 33. "Where after service of a default sum- mons has been effected on any defendant, no notice of intention to defend has been given by him, or leave to defend has not been ob- tained, and two months shall have expired from the date of service, judgment shall not . be entered against such defendant. 34. Where a default summons has been served in due time to prevent the operation of a Statute of Limitations, and either party dies after the service and after the lapse of ' the period within which it is provided by the statute that an action may be brought, pro- ceedings may be taken by or against the sur- viving party, or by or against the personal representative of the deceased party, within one year from the day of service of the summons. 35. A default summons may, at the re- quest of the plaintiff, be exchanged without fee, for an ordinary summons upon the former being filed in Court within two months of its issue. 36. The provision of section 1 of the County Courts Act, 1875, as to where per- sonal service cannot be effected, shall apply to the failure of service of a summons issued under the Bills of Exchange, Act, 1855. ORDER VIII. Consolidation of Actions or Stay of Proceedings. 1. Where several actions shall be brought by the same plaintiff against the same de- fendant in the same Court for or in respect of different causes of action which might in ac- cordance with the provisions of Order IV. have been joined in one action, the defendant shall be at liberty to apply to the Judge that the said actions may be consolidated.* 2. Where several actions shall be brought by different plaintiffs against, the same de- fendant in the same Court for or in respect of causes of action arising out of the same breach of contract, wrong or other circum- stances, the defendant may,t on filing an undertaking to be bound so far as his liability in the said several actions is concerned by the decision in such one of the said actions as may be selected by the Judge apply to the Judge for an order to stay the proceedings in the actions other than in the one so selected, until judgment is given in such selected action.J 3. Applications under the two preceding rules shall be made upon notice to the plain- tiffs to be affected by any order made thereon. * Form 116. t Form 117. J Form 118. 4. Upon the hearing of any application for consolidation of actions or for stay of pro- ceedings, the Judge shall have power to im- pose such terms and conditions and make such order in the matter as may be just. 5. In case a judgment in a selected action under Rule 2 of the Order shall be given in favour of the defendant, the defendant shall be entitled to his costs up to the date of the order staying proceedings against every other plaintiff whose action is stayed, unless such plaintiff shall give the Registrar within one month from such judgment written notice to' set down his action for hearing, which, on the receipt of such notice, the Registrar shall forthwith do and give notice thereof to the plaintiff and defendant. 6. In case a judgment in a selected action shall be given against the defendant, the plaintiffs in the actions stayed shall be at liberty to proceed for the purpose of ascer- taining and recovering their debts or damages and costs. 7. Where several actions of contract shall be brought by the same plaintiff against several defendants in the same Court, and the event of the said actions depends on the finding of the Judge or jury on some question common to all the said actions, the Judge may at any time select one of such actions for trial, and stay the proceedings in all the other actions until the judgment in the action so selected shall have been given ; but unless after judgment in such selected action, the plaintiff and defendants in the other actions, or any of them, shall submit to have judg- ment passed and entered therein in accord- ance with the judgment in the action so selected, the other actions shall proceed in the same manner as if they had not been stayed, and the Registrar shall appoint days for the trial of every such action, and shall issue a notice thereof to any plaintiff or de- fendant applying, together with as many sealed copies as there are parties to be served, and such plaintiff or defendant shall eight clear days before the day fixed for the trial serve the same upon all the other parties to the actions. 8. Where actions shall be commenced in different Courts by parties in the same in- terest, upon application by any of the parties they shall be transferred to the Court in which the first plaint was entered, and shall there he proceeded with in the same way in all respects as if they had been commenced in that Court. ORDER IX. Discontinuance, Confession, Admission, and Payment into or out of Court. 1. If the plaintiff desires to discontinue the Vol. 55.] ORDERS AND RULES. Ill action or matter against all or any of the parties thereto, he shall give notice in writing by post or otherwise thereof to the Eegistrar, and to every party as to whom he so desires to discontinue the action or matter, and after the receipt of such notice the party may apply ex parte for an order against the plain- tiff for the costs incurred before the receipt of such notice, and of attending the Court to obtain the order.* 2. All confessions under section 8 of the County Courts Act, 1850, shall be delivered to the Registrar five clear days before the return-day: Provided that, at any time be- fore the action is called on, the defendant may confess and admit the claim according to the form in the Appendix,f subject, however, to an order by the Judge to pay such costs as the plaintiff has incurred in consequence of the defendant's not having delivered such confession as hereinbefore required. 3. In all cases of consent under section 9 of the County Courts Act, 1850, the defen- dant may confess the amount of the plaintiffs . costs besides the Court fees, and the judg- ment may be entered accordingly, and the amount of the plaintiff's costs shall be stated separately 4 4. Where a defendant desires to admit the truth of the statement in the plaintiff's par- ticulars, and to submit to the judgment of the Court thereon, he may in the presence of any Registrar, or in the presence of one of his clerks, or of a solicitor, sign an admission according to the form in the Appendix§ ; and the signature of the defendant thereto shall be verified by affidavit, unless signed in the presence of a Registrar, or of one of his clerks. || Such admission shall be filed at least five clear days before the return day : and the Registrar shall transmit a notice thereof by post to the plaintiff or his solicitor : and the plaintiff shall not, unless the Judge shall otherwise order, be allowed any costs incurred after the service upon him of notice of such admission in relation to the proof of the matter so admitted : Provided that the plain- tiff or his solicitor shall be entitled, notwith- standing such admission, to his costs of attending on the day of trial to enter up judgment and tax his costs. 5. Any party to an action or matter may give notice in writing to any other party, that he admits the truth of the whole or of any part of the case or claim of such other party, and no costs incurred after the receipt of such notice in respect of the proof of any matters admitted therein shall be allowed ; but the costs of any steps taken prior to the receipt of such notice may be allowed if the Registrar on taxation be of opinion that they were not taken unnecessarily or prematurely. 6. Any defendant in an action to recover lands may at any time before the return-day confess the action as to the whole or any part of the lands by signing in the presence of any Registrar or one of his clerks, or of a solicitor, and attested by the person in whose presence it is signed! an admission of the title of the plaintiff to the lands or to the said part thereof, and of his right to the possession thereof; and the Registrar shall upon the receipt of such admission forthwith give notice thereof by post to the plaintiff,* and the Judge may on the return day, upon proof of the signature of the defendant to such ad- mission by affidavit or otherwise, in case the same is not attested by a Registrar or his clerk, and without any farther proof of the plaintiff's title (if no defendant other than the defendant signing such admission defends for the said lands or the said part thereof), give judgment for the plaintiff for the re- covery of possession and for costs, t Provided that, if the plaintiff receive notice of such admission before the return-day, he shall not be entitled as against any defendant signing to any costs incurred subsequently 'to the re- ceipt of such notice, except the costs of at- tending the Court on the return-day, unless the Judge shall otherwise order. Provided also that, where the admission is not signed by all the defendants defending for the said lands, or the said part thereof, the trial shall proceed against all the defendants who shall not have signed, as if no admission had been signed. 7. Any party may by notice in writing according to the form in the Appendix,}:' at any time not later than six clear days before the return day, call on any other party to admit, for the purposes of the action, matter, or issue only, any specific fact or facts men- tioned in such notice. And in case of refusal or neglect to admit the same by the delivery of a written admission of the fact or facts as aforesaid,§ signed by the party, his solicitor, or agent, within three clear days before the return day, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the action, matter, or issue may be, unless at the trial the Judge certify that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the pur- poses of the particular action, matter, or issue, * Form 47. t F °™i 39- § Form 45. X Form 43. Form 46. * Forms 219, 237. J Form 92. f Form 238. § Form 93. 112 SUPBEME COUET OF JUDICATUEE. [Law J. and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice : Provided also, that the Judge or Eegistrar may at any time allow any party to amend or withdraw any admission so made on such terms as may be just. 8. An affidavit of the solicitor or his clerk, of the due signature of any admissions made in pursuance of this Order, shall be sufficient evidence of such admissions, if evidence thereof be required. 9. At any time after the entry of a plaint for partition, all the parties interested may attend and accept service and sign the request referred to in section 4 of the Partition Act, 1868, and their signatures shall be attested by the Begistrar, or by one of his clerks. 'Where all the parties interested have signed the request, the order for the sale thereon may be made at the next Court to be held, although such Court may be held before the return day of the summons.* 10. Upon an order for sale being made in a partition action, the Judge shall appoint one solicitor to have the conduct of the pro- ceedings, and no other solicitor shall be en- titled to any costs incurred after such order shall have been made. ll.f Where the defendant is desirous of paying money into Court on an ordinary summons, he shall, except where otherwise expressly provided, pay the same at least five clear days before the return day, and (except where money is paid into Court under a de- fence of tender) with Court fees proportionate to the amount paid, and the solicitor's costs, if any; and the Registrar shall, within twenty-four hours from the time of such payment, send to the plaintiff notice thereof by post : X Provided that, at any time before the return day, the defendant may pay money into Court, with such costs as aforesaid, and the Eegistrar shall give notice thereof to the plaintiff as aforesaid ; but where money is so paid in less than five clear days before the return day, or without costs, it shall be lawful for the Judge to order the defendant to pay such fees and costs as the plaintiff shall have properly incurred for work done, and in attending the Court, but no hearing fee shall be charged. 12.§ If the plaintiff elect to accept, in full satisfaction of his claim, including costs, such money as shall have been paid into Court by . the defendant, and shall send to the Eegistrar and to the defendant by post, or leave at the Eegistrar's office and at the defendant's * Form 71. t 9 & 10 vict c - 95 - s - 82 - t Forms 102 and 103. § 9 & 10 Vict. c. 95. s. 82. dwelling or place of business, a written notice,* stating such acceptance, within such reason- able time before the return day as the time of payment by the defendant has permitted, the action shall abate, and the plaintiff shall not be liable to any costs incurred by defen- dant after receiving such notice. But in default of such notice from the plaintiff the action may proceed. 13. Where a defendant, in an action of libel remitted under section 10 of the County Courts Act, 1867, pays money into Court under section 2 of 6 & 7 Vict. c. 96, the last two preceding rules shall apply to and be observed with reference to such payment into Court, so far as they are applicable. 14. Where a notice of defence under sec- tion 1 of the County Courts Act, 1875, has been given either as to part or the whole of the claim, and the defendant, before notice of the day fixed by the Eegistrar for the trial shall have been sent to the plaintiff, pays into Court the amount or a portion of the amount claimed, together with Court fees proportion- ate to the amount paid in, and the solicitor's costs charged on the summons, he shall not be liable for any further costs if the plaintiff accepts the money paid in as satisfaction for the whole amount claimed. Where, how- ever, notice of trial shall have been so sent, it shall be lawful for the Court to order the defendant to pay forthwith such further fees and costs as the plaintiff may have, prior to receiving notice from the Registrar of the payment into Court, incurred in preparing for trial, and also such fees and expenses as may be incurred by him in attending the Court to obtain the order for the same. 15. A plaintiff may, in answer to a counter- claim, pay money into Court in satisfaction thereof, subject to the like conditions as to costs and otherwise as upon payment into Court by a defendant. 16. Where a defendant pays into Court any sum admitted by him to be due, he may deduct any amount he may claim as a set-off or counter-claim, but shall pay therewith Court fees proportionate to the total amount of the sum paid in, and of the sum he claims by way of set-off or counter-claim. 17. Where a defendant pays money into Court in part payment of the amount claimed, or in order that he may rely on the defence of tender, and the plaintiff does not accept in satisfaction of the action the sum so paid into Court, the money shall not be paid out until after the judgment, and any costs which shall have been awarded to the defendant shall be deducted therefrom and paid to the defendant. * Form 104. .Vol. 55.] ORDERS AND RULES. 113 18. Money paid into Court, whether under a judgment or order, or otherwise, shall be paid out to plaintiffs pursuant to Order II. rule 10, on production of the plaint note or the duplicate mentioned in Order VII. rule 1, and to defendants on production of the sum- mons issued in the aotion. Money paid into Court by plaintiffs in replevin or under rule 15 of this Order will be paid out pur- suant to Order II. rule 10, on proof to the satisfaction of the Registrar that the person applying for the same is entitled or authorised to receive the same. 19. Where money has been paid into any Court other than the Court within the district of which the party to whose credit such money has been so paid resides or carries on business, upon transmission of the plaint note, with a request and a receipt (duly stamped where necessary) by such party, the Registrar of the Court into which the money has been so paid shall transmit such money to such party by registered post letter, en- closing a crossed cheque or a Post Office order less the cost of remittance, and such remit- tance shall be at the risk of the said party. For the purpose of this rule the several dis- tricts of the Metropolitan Courts shall be considered inter se as one district only. 20. The Rules of this Order as to payment into or out of Court shall not apply to any pay- ment into or out of Court in pursuance of any order or direction made under the provisions of the County Courts Act, 1865, or sections 24 and 26 of the County Courts Act, 1867, or the Partition Acts. 21. In any action or matter in which a sum of money has been awarded to or recovered by an infant, or person of unsound mind not so found by inquisition, the Judge may, at or after the trial, order that the whole or any part of such sum shall be paid into Court to the credit of an account intituled in the action or matter ; and any sum so paid into Court may either be invested, or be paid from time to time out of Court to such person as the Judge may direct, to be held and applied for the benefit of such infant or person cf un- sound mind in such manner as the Judge from time to time shall direct. ORDER X. Special Defences. 1. Where a plaintiff sues on behalf of or for the benefit of others having the same in- terest, the defendant may avail himself of any defence in respect of each of the persons in whose behalf or for whose benefit the plain- tiff so sues which he would have had against either or any of such persons if they or he had been plaintiff. Vol. 55.— Oedeks and Rules. 2. A defendant in an action may set off or set up by way of counter-claim against the claims of the plaintiff any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counter- claim shall have the same effect as a cross- action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross-claim. 3. Where the plaintiff objects in writing under the powers given by section eighteen of the Supreme Court of Judicature Act, 1884, to the Court giving any relief on any such counter-claim, then he shall give notice in writing to the Registrar and to the defen- dant, according to the form in the Appendix,* of his objection within two clear days after the receipt of notice of counter-claim. The plaintiff may at the time of giving such notice of objection also give notice that he will on the day fixed for the trial apply to the Judge to adjudicate upon the original claim (if such be not admitted), subject to such order as the Judge may make for the stay of execution or otherwise in reference to such original claim. 4.f In actions for the recovery of land, any person not named as a defendant in the sum- mons may by leave of the Judge or Registrar be allowed to appear and defend on filing twelve clear days before the return-day an affidavit, together with as many copies there- of as there are plaintiffs and defendants, shewing that he is in possession either by himself or his tenant of the property or some part thereof mentioned in the particulars (such part being described in the affidavit with reasonable oertainty), and upon such affidavit being filed, the Registrar shall enter the name, address, and description of the person filing the same in the plaint book as a defendant in addition to the name of every person origin- ally made defendant; and shall ten clear days before the return-day give notice, accord- ing to the form in the Appendix,^ by post or otherwise, to the plaintiffs and the origmal defendants, that the person filing the affidavit has filed the same, and will appear and de- fend at the trial of the action, annexing to each notice a copy of the affidavit. In all subsequent proceedings in the action the person filing the affidavit shall be named as a defendant. 5.§ In actions for the recovery of land, any defendant may twelve clear days before the return-day file with the Registrar a notice in writing, according to the form in the Appen- dix,|| signed by himself or his solicitor, that he intends to limit his defence to a part only * Form 101. t Form 217. + 30 & 31 Vict. c. 142. s. 11. § 30 & 81 Vict. c. 142. s. 11. Form 218. P 114 SUPREME COUET OF JUDICATURE. [Law J. of the property mentioned in the particu- lars, describing that part in such notice with reasonable certainty, and the Registrar shall ten clear days before the return-day send the same by post to the plaintiff. 6. A defendant intending to avail himself of the power given by section 39 of the County Courts Act, 1856, to object to an action being tried in the County Court, shall give notice in writing to the Registrar and to the plaintiff five clear days before the return-day, by post or otherwise, according to the form in the Appendix ;* and shall thereinname the parties whom he proposes to be his sureties, or state therein his willingness to deposit money in lieu of giving security, and if he shall fail to give such security or make such deposit before the return-day, or shall fail to give such notice of his intention to object as aforesaid,t he shall not be entitled to object to the action being tried in the County Court. 7. "Where a plaintiff avails himself of the provisions of section 68 of the County Courts Act, 1846, and does not proceed against all of several persons jointly answerable, every de- fendant sued may avail himself of any defence or counter-claim to which he would have been entitled if all the persons liable were made defendants. 8. Where in an action any person has been improperly or unnecessarily joined as a co- plaintiff, and a defendant has set up a set-off or counter-claim, he may obtain the benefit thereof by establishing his set-off or counter- claim as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon. 9. The defendant in any action or matter may file a statement disclaiming any interest in the subject-matter thereof, or admitting or denying any of the statements in a plaintiff's particulars, or raising any question of law on such statements without admitting the truth thereof ;J or he may therein state concisely any new fact or document upon which he in- tends to rely as a defence, or to bring to the notice of the Court ; and a copy thereof shall be transmitted by the Registrar to the plain- tiff : Provided always, that in exercising his discretion as to costs, the Judge shall con- sider the fact of a defendant having or not having availed himself of the powers given by this rule. This rule shall apply to a plaintiff who is defendant by counter-claim. 10. Where the defendant intends to rely upon any of the grounds of defence men- tioned in Rules 11, 12, IS, 14, 15, 16, 17, 18, 19, and 20 of this Order, or upon any counter- claim, he shall file a notice stating thereon * Forms 15, 99, f Form ^0. t Form 98. his name and address, together with a concise statement of such grounds, five clear days before the return-day ;* and the Registrar shall thereupon, within twenty-four hours after receiving the same, transmit by post one copy of such notice and particulars to the plaintiff: Provided that in case of noncom- pliance with this and the above-mentioned rules, and of the plaintiff's not consenting at the trial to permit the defendant to avail himself of such defence, the Judge may, on such terms as he shall think fit, adjourn the trial of the action to enable the defendant to give such notice. 11. Where the defendant intends to rely upon a set-off or counter-claim against any of the claims of the plaintiff, his statement shall contain particulars of such set-off or counter-claim, and mutatis mutandis the provisions of Order VI. shall apply to such particulars, t 12.} Where a defendant intends to rely on the defence of infancy, he shall in his state- ment set forth, so far as he is able, the place and date of his birth. 13.§ Where a female defendant intends to rely on the defence of coverture, she shall in her statement set forth, so far as she is able, the place and date of marriage, together with the christian name and surname of her hus- band, and his address and deseription so far as known. 14. || Where a defendant intends to rely on the defence of any statute of limitations, he shall in his statement specify the date from which he alleges that the statute began to run. 15.H Where a defendant intends to rely on the defence of a release under any statute relating to bankrupts, or for the relief of in- solvent debtors, he shall in his statement set forth the date of his certificate, discharge, or final order, and the Court by which such certificate, discharge, or final order was granted or made. 16. Where in any action for libel or slander the defendant relies as a defence upon the fact that the libel or slander is true, he shall in his statement set forth that the libel or slander complained of is true in substance. 17. Where in any action of libel or slander the defendant does not rely as a defence upon the fact that the libel or slander is true, but relies in mitigation of damages on the circum- stances under which the libel or slander was published, or the character of the plaintiff, he must in his statement give particulars of' the matters relating thereto as to which he intends to give evidence. * Form 95. f Form 94. % 9 & 10 Vict. c. 95. s. 76. § Ibid. || Ibid. f Ibid. Vol. 55.] ORDERS AND RULES. 115 18. When in any action of tort the defen- dant relies upon any statutory defenoe, he shall in his statement set forth the year, chapter, and section of the statute on which he relies, or the short title thereof. 19.* Where a defendant claims to be en- titled as matter of defence to any equitable estate or right, or to relief upon any equitable ground against the claim of the plaintiff, or any part thereof, he shall in his statement shew concisely the circumstances which gave rise to such defence, and set forth separately each of the grounds of equitable defence. 20. Where the defence is a tender, such defence shall not be available unless, at the time of filing the notice of such defence, the defendant makes payment into Court (which may be without costs) of the amount alleged to have been tendered. 21. Where in answer to a counter-claim the plaintiff intends to rely upon any of the defences mentioned in Rules 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Order, he shall file notice thereof in accordance with the said rules. All the provisions of Rule 10 of this Order, mutatis mtitcmdis, shall apply to such notice, except that the provision as to the time for giving such notice shall not apply unless the plaintiff, after receipt of notice of counter-claim, might, if he had used reasonable expedition, have filed his notice five clear days before the return-day. 22. Where a defendant by his defence sets up any counter-claim which raises questions between himself and the plaintiff along with any other person, he may apply to the Judge, under Order XIV., Rule 2, to add the name of such person as a party to the counter- claim. ORDER XI. Claim for Contribution, Indemnity, &c. 1. Where a defendant claims to be entitled to contribution or indemnity over against any person not a party to the action, he shall, five clear days before the return-day, file a notice of his claim, according to the form in the Appendix,t and the Registrar shall seal such notice and deliver it to the defendant, who shall serve the same, together with a copy of the summons on the plaint and of the particulars annexed thereto, upon the person against whom such claim is made ; and such service shall be regulated by the rules as to service of default summonses. 2. If any person served with a notice under the last preceding Rule (hereinafter called the third party) desires to dispute the plain- tiff's claim in the action as against the de- fendant on whose behalf the notice has been * 36 & 37 Vict. c. 66. s. 89. f Form 105. given, or his own liability to the defendant, he must appear at the Court on the return- day mentioned in the summons, or on any day to which he may have received notice from the Registrar that the trial has been adjourned or postponed ; and in default of " his so doing he shall be deemed to admit the validity of the judgment obtained against such defendant, whether obtained by consent or otherwise, and his own liability to contri- bute or indemnify, as the case may be, to the extent claimed in the said notice, and in case the action is tried and results in favour of the plaintiff the Judge may, at or after the trial, enter such judgment as the nature of the case may require for the defendant giving the notice against the third party ; provided that execution thereon shall not be issued without leave of the Judge or Registrar until after satisfaction by such defendant of the judgment against him, and if the action is finally decided otherwise than by trial, the Judge may, on application by motion, order such judgment, as the nature of the case may require, to be entered for the defendant giving the notice against the third party at any time after satisfaction by the defendant of the amount recovered against him. 3. Any third party, or the defendant in the action, may apply at or before the trial to the Judge for directions, and the Judge, upon the hearing of the application, may, if satisfied that there is a question proper to be tried as to the liability of the third party to make the contribution or indemnity claimed in whole or in part, order the question of such liability as between the third party and the defendant giving the notice to be tried in such manner at or after the trial of the action as the Judge may direct, and if not so satisfied may order such judgment as the nature of the case may require to be entered in favour of the defen- dant giving the notice against the third party, or the Judge may, if it shall appear desirable so to do, give the third party leave to defend the action upon such terms as may be just, or to appear at the trial and take such part therein as may be just, or he may order such person to be substituted for, or to be joined with, the defendant in the action, upon such terms as to security or otherwise as may be just, and generally may direct such proceed- ings to be taken and give such directions as he shall think proper. 4. The Judge may decide all questions of costs, as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require. 5. Where a defendant claims to be entitled to contribution or indemnity against any 116 SUPREME COURT OF JUDICATURE. [Law J. other defendant to the action, a notice may be issued and the same procedure shall there- upon be adopted, for the determination of such questions between the defendants, as would be issued and taken against such other defendant, if such last-mentioned defendant were a third party : but nothing herein con- tained shall prejudice the rights of the plaintiff against any defendant in the action. ORDER XII. Interlocutory and Interim Orders and Proceedings. 1. "When by any contract a prima facie case of liability is established, and there is alleged as a matter of defence a right to be relieved wholly or partially from such lia- bility, the Judge may make an order for the preservation or interim custody of the sub- ject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured. 2. It shall be lawful for the Judge, or in his absence the Registrar, upon the applica- tion of any party to any action or matter pending in the Court, to make any order for the sale, by any person named in such order, and in such manner and on such terms as the Judge or Registrar may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to injure from keeping, or which incur charges for food or keep, or which for any other just and sufficient reason it may be desirable to have sold at once. 3. It shall be lawful for the Judge, or in his absence the Registrar, upon the applica- tion of any party to an action or matter, and upon such terms as may,be just, to make any order for the detention, preservation, inspection, surveying, or measuring of any property or thing, being the subject of such action or matter, or as to which any question may arise therein, and for all or any of the purposes aforesaid to authorise any persons to enter upon or into any land or building in the possession of any party to such action or matter, and for all or any of the purposes aforesaid to authorise any samples to be taken, or any observation, plan, or model to be made or experiment to be tried, which may be necessary or expedient for the pur- pose of obtaining full information or evi- dence. 4. Where an order is made for inspecting, surveying, measuring, weighing, making any experiment, or for taking any sample, or making any plan or model, by any person to be named therein, such order may include an order for the Registrar or some other person to be named therein, to examine upon oath and take the deposition of the person so named, as to such measure, weight, or inspec- tion, or the correctness of such survey, or the result of such experiment, or the fairness of such samples, or the accuracy of such plan or model, and such order may also empower any or either party to give the deposition so taken in evidence upon any trial or pro- ceeding. 5. Where any party desires before the trial an immediate order upon any of the matters following (that is to say), an order in the nature of an injunction, or an order- for the appointment of a receiver, or for taking any accounts (whether the particulars pur- suant to Order VI., Rule 2, claim such accounts, or the claim in the particulars involves taking such accounts), or for making any enquiries, or any order under any of the previous Rules of this Ordgr,* he may file an application for such order, and apply to the Judge, either in or out of Court, upon affi- davits setting forth the facts rendering such order immediately necessary. 6. Where an action is brought, or a defen- dant in his statement of defence seeks by way of counter-claim, to recover specific pro- perty other than land, and the party from whom such recovery is sought does not dis- pute the title of the party seeking to recover the same, but claims to retain the property by virtue of a hen or otherwise as security for any sum of money, the Judge, upon being satisfied by affidavit or otherwise of the existence of such lien or security, may order that the party seeking to recover the pro- perty be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as such Judge may direct, and that upon such payment into Court being made, the property be given up to the party seeking to recover it. 7. The draft of all orders under the last two preceding rules shall be prepared before- hand by the party applying, and be settled by the Registrar, and when the party makes such application he shall present the draft order to the Judge for his approval, and the Judge if he approves thereof shall sign the same.f 8. The draft so signed shall be transmitted by the applicant to the Registrar, who shall seal and file the same, and issue a copy thereof under the seal of the Court to the bailiff or the party's solicitor for service. 9. Where the residence or place of business of a defendant is more than twenty miles distant from the Court in which the plaint is entered, * Form 290. f Form 291. Vol. 55.] OEDEES AND EULES. 117 he may, not later than four clear days from the date of service of the summons thereon, forward by registered post letter to the Regi- strar of such Court an affidavit disclosing a good defence upon the merits to the action. The Registrar, upon receipt of such affidavit, if satisfied that it discloses such a defence, shall forthwith by notice, according to the form in the Appendix, call upon the plaintiff to deposit in Court, within two clear days from the date of the notice, such a sum as the Registrar may, having reference to all the circumstances of the case, therein direct. The Registrar shall, where the deposit is made or not made, or the affidavit does not disclose a defence, send notice according to the forms in the Appendix* to the defendant, and where the deposit is not duly made the action shall be struck out. 10. The Judg| may, at any stage of the proceedings in an action or matter, direct any necessary enquiries or accounts to be made or taken, t notwithstanding that it may appear that there is some special or further relief sought or some special issue to be tried, as to which it may be proper that the action or matter should proceed in the ordi- nary manner. 11. Where by these rules any interlocutory application is expressly or by reasonable intendment directed to be made to the Judge, or to the Judge or Registrar, or to the Regi- strar, then subject to the provisions of the particular rule applicable thereto, and so far as the same shall not be inconsistent there- with, the following provisions shall apply : — (a.) The application shall be made ex parte, and either in or out of Court ; (6.) No affidavit in support shall be neces- sary, but the Judge or Registrar may, if he shall think fit, adjourn the hearing of the application and order affidavits in support to be filed ; (o.) The Judge or Registrar, upon the hearing or adjourned hearing of the ap- plication, may make an order absolute in the first instance, or to be absolute at any time to be ordered by him, unless cause be shewn to the contrary, or may make such other order or give such directions as may be just ; (d.) The Judge or Registrar shall give such directions or make such order as to costs as he may think fit. No costs of or in- cident to the application shall be allowed to the applicant on taxation without such directions or order ; "When the application is made to the Regi- strar the following additional provisions shall apply : — * Forms 106, 107, 108. f Form 261. (e.) The Registrar may, if in doubt as to the proper order to be made, refer the matter to the Judge forthwith, or at the next Court day, or at the trial ; (/.) The Judge may vary or rescind any order made by the Registrar, and may make such order as may be just, and if necessary adjourn the trial. 12. The Judge or Registrar may at any time postpone the trial of any action or matter upon the joint application of the parties. No hearing fee shall be paid where the order is made before the case is called on for trial, but no second or subsequent post- ponement shall be granted until the hearing fee be paid. 13. Where in any action or matter inter- locutory proceedings are contemplated or pending which cannot be concluded in time to enable the parties to prepare for the trial of such action or matter on the day fixed fo r the same, the Judge or Registrar may, upon the application of any party, and upon being satisfied that such interlocutory proceedings are necessary and proper, make an order postponing such trial upon such terms as to costs or otherwise as he shall think fit, and such order shall be served upon the other party. 14. Where it appears to the Judge or Registrar that from the course of proceedings in any action or matter the trial cannot be held on the return-day, he may postpone the trial until such other day as the state of the proceedings requires, and notice of such post- ponement shall be given by the Registrar to all parties and persons interested.* 15. When anything required by the prac tice of the Court to be done by either party before or during the trial, has not been done the Judge or Registrar may, in his discretion and on such terms as he shall think fit adjourn the trial to enable the party to com< ply with the practice. ORDER XIII. Receiver. 1. Where before, at, or after the trial of any action it appears to the Judge expedient that a receiver be appointed, such appoint- ment shall be made whether the same be asked as part of the relief in the plaint or not.t 2. Every receiver appointed by the Judge, other than the high bailiff, shall give such security to the Registrar for the faithful discharge of his duties, and the payment over of money, as the Judge shall direot.f 3. The receiver shall submit his accounts * Form 141. f Forms 256, 257. t F °rm 2 60. 118 SUPREME COURT OF JUDICATURE. [Law J. to the Registrar, and the Registrar shall audit the same, as soon as conveniently may be after the realisation of the assets, and im- mediately after such audit the receiver shall pay over to the Registrar the balance found thereby to be in his hands. The account shall be written on foolscap paper bookwise, and the items of every account shall be numbered consecutively, and the account shall be verified by affidavit and be therein referred to as an exhibit. 4. The Registrar may require any receiver to produce any receipt, accounts, and vouchers necessary for verifying the ac- counts, and may disallow any item not proved to his satisfaction. 5. The receiver shall, at any time before the complete realisation of the assets, produce his accounts to be audited upon receiving seven days' notice in writing from the Registrar so to do, and such notice may be sent by post or otherwise to the address of the receiver.* 6. Where the duties of the receiver are continuous, no longer period than one year shall in any case be allowed to intervene between each audit. 7. In no case shall it be necessary for any party to attend at the audit of the receiver's account, but where a party is dissatisfied with a receiver's account he may apply to ■ the Judge or Registrar for a revision of the Registrar's allowances. 8. The Judge may order the receiver to pay over, at such time or from time to time as he shall think fit, to the party entitled to the beneficial interest therein, or to the guar- dian of any infant, any yearly or other accru- ing rents or interest instead of paying the same into Court, and to take credit for such payments in his accounts when audited.t ORDER XIV. Amendment. 1. Where an action or matter has been commenced in the name of the wrong person as plaintiff or otherwise, or where it is doubt- ful whether it has been commenced in the name of the right person, the Judge, if satis- fied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, may order such other person to be substituted or added as plaintiff or otherwise upon such terms, as to notice and otherwise, as may be just. 2. "No action or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Judge may in every action * Form 268, f Form 259. or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before him. The Judge or Registrar may, at any stage of the pro- ceedings, either upon or without the applica- tion of either party, and on such terms as may be just, order that the names of any parties improperly joined, whether as plain- tiffs or as defendants, be struck out, and that the names of any parties be added, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Judge may be necessary in order to enable him effectually and completely to adjudicate upon and settle all the questions involved in the action or matter. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every person whose name is so added as defendant shall be served with a notice in manner hereinafter mentioned, and the proceedings as against such party shall be deemed to have begun only on the service of such notice.* 3. Where it appears at the trial that a less number of persons have been made plain- tiffs than by law required, the name of the omitted person may, at the instance of either party, be added, by order of the Judge, on such terms as he shall think fit, and there- upon the action shall proceed, in all respects, as if the proper persons had been originally made parties ; and if such person shall, either at the trial or at some adjournment thereof, personally or by writing, signed by him or his solicitor, consent to become a plaintiff in manner aforesaid, the Judge shall then pronounce judgment as if such person had originally been made a plaintiff; but if such person shall not consent to become a plaintiff in manner aforesaid, either at the trial or at the adjournment thereof, the action or matter shall be struck out. 4. Where a person other than the defend- ant appears at the trial, and admits that he is the person whom the plaintiff intended to charge, or ought to have charged, his name may be substituted for that of the defendant, if the plaintiff consents, and thereupon the action shall proceed, in all respects, as if such person had been originally named in the summons, and the costs of the person origi- nally named as the defendant shall be in the discretion of the Judge. 5. Where a party sues or is sued in a re- presentative character, but it appears that he ought to have sued or been sued in his own right, the Judge may, at the instance of either party, on such terms as he shall think * Form 109. Vol. 55.] ORDEES AND EULES. 119 fit, amend the proceedings accordingly, and thereupon the action shall proceed, in all respects, as if the proper description of the party had been given in the summons. 6. Where a party sues or is sued in his own right, but it appears that he ought to have sued or been sued in a representative character, the Judge may, at the instance of either party, on suoh terms as he shall think fit, amend the proceedings accordingly, and thereupon the action shall proceed, in all respects, as if the proper description of the party had been given in the summons. 7. Where the name or description of a plaintiff in the summons is insufficient or incorrect, it may be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and there- upon the action shall proceed, in all respects, as if the name or description had been origi- nally such as it appears after the amendment has been made. 8. Where the name or description of a defendant in the summons is insufficient or incorrect, it may be amended at the instance of either party by order of the Judge, -on such terms as he shall think fit, and there- upon the action shall proceed, in all respects, as if the name or description had been origi- nally such as it appears after the amendment has been made ; but if no objection is taken to the name or description the action may proceed, and in the judgment, and all sub- sequent proceedings founded thereon, the defendant may be named and described in the same manner. 9. In actions or matters by or against a husband, if a wife or husband be improperly joined or omitted, or if one of them be im- properly substituted for the other, the sum- mons may at the trial be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and thereupon the action shall proceed, in all respects, as if the proper person had been made party to the action. 10. Where two or more persons are made defendants and some of them have not been served, the names of the defendants who have not been served, may, at the instance of either party, be struck out by order of the Judge, on such terms as he shall think fit ; and thereupon the action shall proceed, in all respects, as if the parties whose names have not been struck out had alone been made defendants, or it may be adjourned for ser- vice upon any defendant not served. 11 . Any application under any of the Eules of this Order may be made before the trial to the Judge or Registrar, or at the trial to the Judge. 12. Where a defendant is added or substi- tuted, except where the defendant is substi- tuted under Rule 4 of this Order, an order shall be drawn up, and, together with a copy of the summons, and a notice according to the form in the Appendix as to the day upon which he is to attend at the Court, be served according to the rules as to service of ordi- nary summonses.* 13. A plaintiff may file and deliver amen- ded particulars of demand, and a defendant, whether by original action, counter-claim, or otherwise, may file and deliver an amended notice or particulars of any special defence set up or intended to be set up by him under Order X., Rule 10, at any time before the return-day without obtaining any order for the purpose ; but the Judge at the trial, if satisfied that the opposite party has not had a reasonable opportunity of preparing his case to meet any new matter introduced by such amendment, or for any sufficient cause, may disallow the amendment, or may ad- journ the trial, and may make such order as to costs as he may think fit. 14. The Registrar when acting, under the provisions of sections 16 and 17 of the County Courts Act, 1867, shall have the same power as the Judge has of amending the proceed- ings in any action. ORDER XV. Application foe Directions. 1. In any action or matter any party may at any time apply to the Judge or Registrar for a postponement of the trial (if the day of trial has been fixed) and for general directions with respect to the following mat7 ters and proceedings, particulars of claim or counter-claim, special defence, payment into Court, discovery (including interroga- tories), examination of witnesses before the trial, mode of trial, and any other matter or proceeding in the action or matter previous to trial ; and the Judge or Registrar, if satis- fied that from the nature of the action or matter the directions asked for, or some of 'them, are necessary, may make an order giving directions as to all or any of such matters or proceedings as may be just, whether applied for or not, and if necessary postpone the trial. Such order shall be according to the form in the Appendix,! with such variations as cir- cumstances may require. 2. An application under the last preceding Rule shall be made upon giving three clear days' notice in writing to every party to the action or matter who may be affected there- by ; such notice shall be according to the * Form 109. f Form 79. 120 SUPREME COURT OF JUDICATURE. [Law J. form in the Appendix,* with such variations as circumstances may require, and shall in- clude, so far as is practicable, all or as many of the above-mentioned matters and proceed- ings as, having regard' to the nature of the action or matter, can conveniently be dealt with by the order of the Judge or Registrar. 3. Upon the hearing of the application any party who has been served with notice thereof shall be at liberty to apply for any order or directions as to any of the above- mentioned matters or proceedings which he may desire, and thereupon the Judge or Registrar may either make such order and give such directions respecting the same as may be just, or may adjourn the considera- tion of the same, and direct any necessary notice to be given. 4. If upon any other application as to any of the above-mentioned matters or proceed- ings it shall appear to the Judge or Registrar that the application is one that could arid ought to have been included in the general application for directions, such application shall be granted only at the costs of the party making the same. 5. If the trial is adjourned generally by the order giving directions, any party may apply, on giving three days' notice to the other party, to have the action or matter set down for trial, or, by consent of all parties, the same may be set down at any time and for any Court which the state of business, in the opinion of the Registrar, may allow. 6. Whenever an action or matter is set down for trial under the last preceding Rule, the Registrar shall issue to the party applying to set the same down a notice in the. form in the Appendix,! and as many sealed copies thereof as there are parties to be served ; and such party shall serve the same upon all other parties to the action or matter eight clear days before the day fixed for the trial, unless otherwise ordered. ORDER XVI. Discovery and Inspection. 1. Either party to an action or matter may, without filing an affidavit, by leave of the Judge or Registrar, deliver interrogatories in writing for the examination of any one or more of the opposite parties, and such inter- rogatories when delivered shall have a note at the foot thereof, stating which of such interrogatories each of such parties is to answer : Provided that interrogatories which do not relate to any question in the action or matter shall be deemed irrelevant, notwith- standing that they might be admissible on the oral cross-examination of a witness. * Form 78. f Form 80. 2. If leave be granted, an order shall be drawn up by the Registrar and served. Such order shall be according to the form in the Appendix,* and shall specify the number of days within which the interrogatories are to be delivered by the applicant, and also the time within which the affidavit in answer is to be filed. 3. In deciding upon any application for leave to exhibit interrogatories, the Judge or Registrar shall take into account any offer which may be made by the party sought to be interrogated, to deliver particulars, or to make admissions, or to produce documents relating to the subject in question, or any of them ; and also consider whether the appli- cation has been made too early in the pro- ceedings in the action or matter, or too late to allow of the answers being used at the hearing. 4. In adjusting the costs of the action or matter enquiry shall at the instance of any party be made into the propriety of exhi- biting such interrogatories, and if it is the opinion of the Registrar on taxation or of the Judge, either with or without an application for enquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. 5. Interrogatories shall be according to the form in the Appendix, f with such variations as circumstances may require. 6. If any party to an action or matter be a body corporate or a joint-stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allow- ing him to deliver interrogatories to any member or officer of such corporation, com- pany, or body, and an order may be made accordingly. 7. Any objection to answer any one or more of several interrogatories, on the grouud that it or they is or are scandalous or irre- levant, or not bond fide for the purpose of the action or matter or that the subjects enquired into are not sufficiently material at that stage, or on any other ground, may bo taken in the affidavit in answer. 8. Interrogatories shall be answered by affidavit according to the form in the Appen- dix:): with such variations as circumstances may require. Such affidavit shall be filed and a copy thereof delivered to the party interrogating within the time named in the order giving leave to interrogate. * Form 83. f F °™i 84. } Foim 85. Vol. 55.] ORDERS AND RULES. 121 9. If any person interrogated omits to answer, or answers insufficiently, the party interrogating, after giving to such person two clear days' notice of the time and place at which he intends to apply, may apply to the Judge for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer, or to answer further, either by affi- davit or by vivA voce examination, as the Judge may direct.* 10. Any party to any action or matter may, without filing any affidavit, apply to the Judge or Begistrar for an. order directing any other party to the action or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any question therein, t On the hearing of such application the Judge or Registrar may either refuse or adjourn the same, if satisfied that such discovery is not necessary or not necessary at that stage of the action or matter, or make such order, either generally or limited to certain classes of documents, as he may, in his discretion, think fit. 11. The affidavit to be made by a party against whom such order as is mentioned in the last preceding Rule has been made, shall specify which, if any, of the documents therein mentioned he objects to produce, and on what grounds, and it shall be according to the form in the Appendix,! with such variations as circumstances may require. Such affi- davit shall be filed, and a copy thereof de- livered to the party who obtains the order within the time named in the order. 12. It shall be lawful for the Judge or Registrar, at any time during the pendency of any action or matter, to order the produc- tion upon oath, by any party thereto, of such of the doouments in his possession or power, relating to any question hi suoh action or matter, as the Judge or Registrar shall think right; and the Judge or Registrar may deal with such documents, when produced, in such manner as may be just.§ 18. Every party to an action or matter shall be entitled, at any time, by notice in writing, to give notice to any other party, in whose particulars, notices, or affidavits refer- ence is made to any document, to produce such dooument for the inspection of the party giving such notice, or of his solicitor, and to permit him or them to take copies thereof; || and any party not complying with such notice shall not afterwards be at liberty to put any suoh dooument in evidence on his behalf in * Form 86. t Form 81. f Form 82. § Form 87. || Form 88. Vol. 65.— Orders and Rules. such aotion or matter, unless he shall satisfy the Judge that such document relates only to his own title, he being a defendant to the action or matter, or that he had some other cause or excuse which the Judge shall deem sufficient for not complying with such notice ; in which case the Judge may allow the same to be put in evidence on such terms as to oosts and otherwise as the Judge shall think fit. 14. Notice to any party to produce any documents under the last preceding Rule shall be acoording to the form in the Ap- pendix,* with such variations as circumstances may require. 15. The party to whom such notice is given shall, within two days from the receipt of such notice, if all the documents therein referred to have been set forth by him in such affidavit as is mentioned in Rule 11 of this Order, or if any of the documents re- ferred to in such notice have not been set forth by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the docu- ments, or such of them as he does not object to produce, rnay_ be inspected at the office of his solicitor, or in the case of bankers' books or other books of account, or books in con- stant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what grounds. Such notice shall be according to the form in the Appendix,t with such variations as cir- cumstances may require. 16. If the party served with notice under Rule 15 of this Order omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than is provided by such rule, the Judge or Registrar may, on the application of the party desiring it, make an order for inspection in such place and in such manner as he may think fit ; J and, except in the case of docu- ments referred to in the particulars, notices, or affidavits of the party against whom the application is made, or disclosed in his affi- davit of documents, such application shall be founded upon an affidavit shewing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. 17. In any pending action or matter an order upon the lord of a manor to allow limited inspection of the court rolls may be ♦Form i f Form 89. Q x t Form 87. 122 SUPBEME COUET OF JUDICATUKE. [Law J. made on the application of a copyhold tenant supported by an affidavit that he has applied for inspection, and that the same has been refused. 18. In any action against or by a high bailiff in respect of any matters connected with the execution of his office, the Judge or Begistrar may, on the application of either party, order that the affidavit to be made in answer either to interrogatories or to an order for discovery shall be made by the officer actually concerned. 19. If any party fails to comply with an order to answer interrogatories, or for dis- covery or inspection of documents, he shall be liable to attachment. 20. In every action or matter, the costs of discovery, by interrogatories or otherwise, shall, unless otherwise ordered by the Judge or Begistrar, be secured in the first instance as provided by Bule 21 of this Order, by the party seeking such discovery, and shall be allowed as part of his costs, where, and only where, such discovery shall appear to the Judge at the trial, or, if there is no trial, to the Begistrar on taxation, to have been reasonably asked for. 21. Any party seeking discovery by inter- rogatories shall, before delivery of interroga- tories, pay into Court the sum of 20s., and, if the number of folios exceeds five, the further sum of 2s. for every additional folio. Any party seeking discovery otherwise than by interrogatories shall, before making appli- cation for discovery, pay into Court the sum of 20s. The party seeking discovery shall, with his interrogatories or order for discovery, serve a copy of the receipt for the said pay- ment into Court. The party from whom discovery is sought shall not be bound to answer or make discovery unless and until the said payment has been made. 22. Unless the Judge shall otherwise order, the amount paid in under the last preceding rule in any action or matter, shall after the action or matter has been finally disposed of be paid out to the party by whom the same was paid in' on his request, or to his solicitor on such party's written authority, in the event of the costs of the action or matter being adjudged to him, but, in the event of his being ordered to pay the costs of the action or matter, the amount in Court shall be subject to a lien for the costs ordered to be paid to any other party. Provided that, when the action or matter has been finally disposed of otherwise than by adjudication no taxation of costs shall be required, and the Begistrar shall, on being satisfied that the party by whom the amount was paid in is entitled thereto, pay out the same to such party or his solicitor. OBDEE XVII. Change of Parties. 1. An action or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, execu- tion, or devolution of any estate or title pendente Kte, and whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judg- ment may in such case be entered notwith- standing the death. 2. "Where by reason of any event occurring after the commencement of any action or matter, there shall be any assignment, crea- tion, change, transmission, or devolution of the interest, estate, or title of any plaintiff in any action or matter before judgment, the person to or upon whom such interest, estate, or title has come or devolved may give notice thereof to the Begistrar according to the form in the Appendix,* with his name and address, together with an affidavit of the truth of the fact stated in such notice. And thereupon the Begistrar shall cause a copy of such notice to be served by post upon the de- fendant in the-action or matter,! and a further notice that unless upon a day to be named therein he appears and shews cause against the same, the person to or upon whom such interest, estate, or title has come or devolved will be substituted for, or made a joint plain- tiff with, the plaintiff named in the original summons. 3. Where by reason of any event occurring after the commencement of any action or matter, there shall be any assignment, crea- tion, change, transmission, or devolution of the liability, interest, estate, or title of any defendant, in any action or matter before judgment, the plaintiff or the defendant, or the person to or upon whom such liability, interest, estate, or title has come or devolved, may in like manner give notice to the Begis- trar, who shall take proceedings thereon similar to those prescribed by the last pre- ceding Bule, and a defendant may be substi- tuted or added, as the case may be, in manner similar to that provided in such rule for the substitution or addition of a plaintiff. 4. Where by reason of any event occurring after the commencement of any action or matter, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the action or matter, * Form 112. t Form 113. Vol. 55.] ORDERS AND RULES. 123 it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and suoh new party may be obtained,* before or at the trial, on application to the Judge or Regis- trar, upon an allegation of such change or transmission of interest or liability, or of such person interested having come into existence. 5. An order obtained as in the last pre- ceding Rule mentioned shall, unless the Judge or Registrar shall otherwise direct, be served upon the continuing parties, or their solicitors, and also upon each such new party, unless the person making the application be himself the only new party,t and the order shall from the time of such service, subject nevertheless to the next two following Rules, be binding on the persons served therewith, and every person served therewith who is not already a party to the action or matter shall be bound to appear at the trial, and in the same mariner as if he had been served with a summons or petition. 6. "Where any person being under no dis- ability or under no disability other than coverture, or being under any disability other than coverture but having a guardian ad litem in the action or matter, shall be served with such order as mentioned in Rule 3 of this Order, such person may at pr before the trial apply to the Judge or Registrar to dis- charge of vary such order. 7. Where any person being under any disability other than coverture, and not having a guardian ad litem in the action or matter, is served with any order as mentioned in Rule 3 of this Order, such person may before or at the trial apply to the Judge or Registrar to discharge or vary such order. 8. "When the plaintiff or defendant in an action or matter dies, and the cause of action survives, but the person entitled to proceed fails to appear on the return day, the trial may be adjourned or judgment entered for the defendant, or (as the case may be) for the person against whom the action or matter might have been continued ; and in such case if the plaintiff has died execution may issue, as provided by Order XXV., Ruk 9. 9. "Where a plaintiff or a defendant is sub- stituted or added under any of the Rules of this Order, the minute-book shall be altered, and all subsequent proceedings carried on under the altered title. 10. This Order shall not apply to any case expressly provided for by seotion 62 of the County Courts Act, 1856. * Form 114. t Form 114. ORDER XVIII. Evidence. 1. Summonses to witnesses, to be served either in the home or in any foreign district, may be issued without leave, and may, by leave of the Judge or Registrar,* be issued in blank and served by the party applying for the same or by his solicitor, or by some person in the permanent and exclusive em- ployment of the party or his solicitor, but in any such case only one name shall be inserted in suoh summons. 2. It shall be sufficient if a summons to a witness be served a reasonable time before the return-day ; and such summons shall be deemed to have been properly served if it has been served in the manner directed in Order VII. for service of an ordinary summons. 3. Except where otherwise provided by these Rules, the evidence of witnesses shall be taken orally on oath ; and where by these Rules evidence is required or permitted to be taken by affidavit such evidence shall never- theless be taken orally on oath if the Judge or Registrar shall, on any application at or before the trial, so direct. 4. "Where a witness served with a summons containing a direction for the production of any documents at the trial shall not produce the same, the Judge may, upon admission or proof that the summons was served within a reasonable time, and that such documents are in the possession or power or under the control of the party so served, and that they relate to the matter then pending before him, make an order for their production by the witness,f and may 'deal with them, when produced, and with all costs occasioned by their non-production, as may be just : Pro- vided that nothing herein shall prevent the receiving of secondary evidence where ad- missible. 5. "Where a party desires to give in evidence any document, he may, not less than five clear days before the trial, give notice to any other party in the action or matter who is competent to make admissions requiring him to inspect and admit such document ; and if such other party shall not within three days after receiving such notice make suoh admission, any expense of proving the same at the trial shall be paid by him, whatever may be the result, unless the Court shall otherwise order ; % and no costs of proving any document shall be allowed unless such notice shall be given, except in cases where, in the opinion of the Registrar, on taxation, the omission to give such notice has been a saving of expense. * Forms 145, 146. f F< > rln 14 s - t Form 90. 124 SUPREME COURT OF JUDICATURE. [Law J. 6. Notice to admit or to produce documents shall be according to the forms in the Appendix,* with such variations as circum- stances may require. An affidavit by the party, his solicitor, or the clerk of either, of the service of any notice to admit or to produce, and of the time when it was served, with a copy of the notice to admit or to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. 7. If a notice to admit or produce com- prises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice. 8. "Where any documents which would, if duly proved, be admissible in evidence are produced to the Court from proper custody, they shall be read without further proof, if, in the opinion of the Judge, they appear genuine, and if no objection be taken thereto ; and if the admission of any documents so produced be objected to, the Judge may adjourn the hearing for the proof of the docu- ments, and the party objecting shall pay the costs caused by such objection, in case the documents shall afterwards be proved, unless the Judge shall otherwise order. 9. Where an instrument which may be legally stamped after its execution is pro- duced as evidence, and the same shall be unstamped or insufficiently stamped, it shall not be received in evidence until the party desirous of giving the instrument in evidence shall produce to the Court the receipt of the Registrar for the amount of the unpaid duty, and of the penalty payable by law on stamping the same, and of the sum of one pound. 10. Where a party desires to use at the trial an affidavit by any particular witness, or an affidavit as to particular facts, he may, five clear days before the trial, give a notice, with a copy of such affidavit annexed, to the party against whom such affidavit is to be used ; and unless such last-mentioned party shall within two clear days give notice to the other party thafrhe objects to the use of such affidavit, he shall be taken to have consented to the use thereof, unless the Judge shall otherwise order. 11. All documentary evidence taken at the trial of any action or matter may be used in any subsequent proceedings in the same action or matter. 12. Any party may, at the trial of an action or matter, use in evidence any one or more of the answers, or any part of an answer, of the opposite party to interroga- * Forms 90, 91. tories without putting in the others : Provided always, that in such case the Judge may look at the whole of the answers, and if he shall be of opinion that any others of them are connected with those put in, he may direct them to be put in. 13. Affidavits and depositions shall be read as the evidence of the person by whom they are used. Examinations. 14. The Judge may, in any action or matter where it shall appear necessary for the purposes of justice, make any order for the examination upon oath before the Judge or any officer of the Court, or any other per- son and at any place in England or Wales, of any witness or person,* and may empower any party to any such action or matter to give such deposition in evidence therein on such terms, if any, as the Judge may direct. 15. Where the witness mentioned in the last preceding Rule resides out of the juris- diction of the Court, the Judge may appoint the Registrar of the Court in the district of which the witness resides to take the exami- nation. 16. The Judge may in any action or matter at any stage of the proceedings order the attendance of any person for the purpose of being examined or of producing to or before any examiner any documents which the Judge may think fit to be produced: Pro- vided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the trial. 17. Any person wilfully disobeying any order requiring his attendance for the pur- pose of being examined or producing any document to or before an examiner shall be deemed guilty of contempt of Court, and may be dealt with accordingly. 18. Any person required to attend before an examiner for the purpose of being ex- amined or of producing any document, shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial in Court. 19. Where any witness or person is ordered to be examined before any officer of a County Court, or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the documents necessary to inform the person taking the examination of the ques- tions at issue between the parties. 20. The examination shall take place in the presence of the parties, their counsel, soli- * Form 152. Vol. 55.] ORDERS AND RULES. 125 citors, or agents, and the •witnesses shall be subjeot to cross-examination and re-exarai- nation. 21. The depositions taken before an officer of a County Court, or before any other person appointed to take the examination, shall be taken down in -writing by or in the presence of the examiner not ordinarily by question and answer, but so as to represent as nearly as may be the statement of the witness, and when completed shall be read over to the witness and signed by him in the presence of the parties, or suoh of them as may think fit to attend. If the witness shall refuse to sign the depositions, the examiner shall sign the same. The examiner may put down any particular question or answer if there should appear any special reason for doing so, and may put any question to the witness as to the meaning of any -answer, or as to any matter arising in the course of the examina- tion. Any questions which may be objected to shall be taken down by the examiner in the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement in the de- positions, but he shall not have power to decide upon the materiality or relevancy of any question. 22. If any person duly summoned to attend for examination shall refuse to attend, or, if having attended, he shall refuse to be sworn or to answer any lawful question, a certifi- cate of such refusal, signed by the examiner, shall be filed with the Registrar, and there- upon the party requiring the attendance of the witness may apply to the Judge for an order directing the witness to attend, or to be sworn, or to answer any question, as the case may be. 23. If any witness shall object to any question which may be put to him before an examiner, the question so put, and the ob- jection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the Registrar to be there filed, and the validity of the objection shall be decided by the Judge. 24. In any case under the two last pre- ceding Rules, the Judge shall have power to order the witness to pay any costs occasioned by his refusal or objection. 25. When the examination of any witness before any exami n er shall have been con- cluded, the original depositions, authenticated by the signature of the examiner, shall be transmitted by him to the Registrar to be filed. 26. The person taking the examination of a witness under these Rules may, and if need be shall, make a special report to the Court touching such examination and the conduct or absence of any witness or other person thereon, and the Judge may direct such proceedings and make such order as upon the report he may think just. 27. Except where otherwise provided by this Order, or directed by the Judge, no deposition shall be given in evidence at the trial of the action or matter without the con- sent of the party against whom the same may be offered, unless the Judge is satisfied that the deponent is dead, or beyond the jurisdiction of the Court, or unable from sickness or other, infirmity to attend the trial, in any of which cases the depositions certified under the hand of the person taking the examination shall be admissible in evi- dence saving all just exceptions without proof of the signature to such certificate. 28. Any officer of the Court, or other person directed to take the examination of any witness or person, may administer oaths. ORDER XIX. Affidavits. 1. All affidavits shall be expressed in the first person of the deponent, and be drawn up in paragraphs and numbered. 2. All affidavits, other than those for which forms are given in the Appendix, shall state the deponent's age, occupation, quality, and place of residence, and. also what faots or circumstances deposed to are within the deponent's own knowledge, and his means of knowledge, and what facts or circumstances deposed to are known to, or believed by him by reason of information derived from other sources than his own knowledge, and what such sources are. 3. Every affidavit shall be intituled in the action or matter in which it is sworn ; but in every case in which there are more than one .plaintiff or defendant, it shall . be sufficient to state the full name of the first plaintiff or defendant respectively, and that there are other plaintiffs or defendants, as the case may be ; and the costs occasioned by any unnecessary prolixity in any such -title snail be disallowed by the Registrar on taxation. 4. It shall be stated in a note at the foot of every affidavit filed on whose behalf it is so filed, and such note shall be copied on every office or other copy furnished to a party. 5. The costs of affidavits not in conformity with the preceding Rules of this Order shall be disallowed on taxation, unless the Registrar shall otherwise direct. 6. Before any affidavit is used it shall be filed in the office of the Registrar, but this 126 SUPREME COTJET OF JUDICATUEE. [Law J. Rule shall not hinder a Judge from making an order in an urgent case upon the under- taking of the applicant to file any affidavit sworn before the making of such order, pro- vided that such order be not issued until such affidavit shall have been filed. 7. An affidavit shall not be filed which has been sworn before a Commissioner who was at the time of the swearing of the same the solicitor acting for the party on whose behalf such affidavit is to be used, or the agent, correspondent, partner, or clerk of such solicitor, or who is the party himself. 8. No affidavit or other document which is blotted so as to obliterate any word, or which is illegibly written, or so altered as to cause it to be illegible, or in the body or jurat of which there is any interlineation, alteration, or erasure, unless the person be- fore whom the same is sworn, shall have chily initialled such interlineation or altera- tion, and in the case of an erasure shall have re-written and signed in the margin of the affidavit or document the words or figures appearing to be written on the erasure, or which is so imperfect upon the face thereof by reason of having blanks thereon or other- wise that it cannot easily be read or under- stood, shall be filed or used in any action or matter, unless the Judge or Registrar shall otherwise order. 9. Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to under- stand it, and that the deponent made his signature in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Judge is otherwise satisfied that the affidavit was read over to and appeared to be per- fectly understood by the deponent. 10. "Whenever a Registrar rejects an affidavit or other document, he shall give notice, according to the form in the Ap- pendix,* by post or otherwise, to the party offering the same for filing, of such rejection and the reasons thereof, but no such notice shall be necessary if the party_ offering the same is present when the Registrar rejects the affidavit. ORDER XX. ARBITRATION. 1. Where a plaint is entered, the Judge may, with the consent of the parties, as well in cases within the ordinary jurisdic- tion of the Court as in cases of agreement * Form 48. under section 23 of the County Courts Act, 1856, make an order for a reference, under the provisions of section 77 of the County Courts Act, 1846, before, upon, or after the return-day; and all the provisions in the last-mentioned Act contained as to references shall apply to a reference proceeding under such an order ; * provided that the same fees shall be paid as would have been payable on entering judgment under a default summons, but where any reference is ordered to the Registrar or other officer of the Court the same hearing fee shall be paid as if the action had been tried. ORDER XXI. Assessors (County Courts Act, 1875). 1. The Registrar of each Court shall, from time to time at the request of the Judge, submit to him the names of as many per- sons as the Judge may direct, whom, having regard to the nature of the ordinary business of the circuit, and to their fitness from ability and reputation, the Registrar believes to be qualified to act as assessors under sec- tion 5 of the County Courts Act, 1875, and the Judge shall from the names so submitted frame a list of persons to act as assassors for each Court of which he is Judge. 2. The Registrar shall apply to such persons as the Judge may approve to know if they are willing to act as assessors and to attend any Court they may be summoned to attend a reasonable time beforehand. 3. When the Judge has completed the list of assessors for any Court the Registrar shall cause a printed list of their names in alpha- betical order to be hung up in the Court and office.t 4. Every assessor named in the printed list shall continue to be an assessor until a new list of assessors shall have been framed and approved as aforesaid, or until he shall have given to the Registrar notice in writing that he is unwilling to act as an assessor from and after a day to be named therein. 5. Upon the receipt of notice of resignation the Registrar shall remove the name of such assessor from the list. 6. Every person named in the list shall receive for each day's attendance one guinea or two guineas according as the subject- matter of the action does or does not exceed twenty pounds in value, together with such sum, if any, for his expenses as the Judge may order. 7. A party who desires assessors to be summoned to assist the Judge shall file an application therefor according to the form in * Form 209. f Form 127. Vol. 55.] OBDEKS AND EULES. 127 the Appendix,* giving the names of the asses- sors he wishes to be summoned, and if he shall have obtained the consent of the other party to the assessors named he shall file such consent with his application. 8. Upon receipt of an application for assessors the Eegistrar Bhall forward a copy of the same to the Judge, who, if he shall think fit, shall return the same with his ap- proval, and thereupon the Eegistrar shall forthwith summon the assessors named. If the Judge shall not think fit that assessors shall be summoned, notice thereof shall be given by the Eegistrar to all parties, accord- ing to the form in the Appendix.t 9. Where the party applying does not file with his application the consent of the other party to the appointment of the assessors proposed by him, the EegiBtrar shall, after obtaining the consent of the Judge to the appointment of assessors as prescribed in the last preceding Eule, forthwith cause to be served on the other party notice of the appli- cation according to the form in the Appendix,f and the party so served shall, as soon as may be after receipt of the notice, inform the Eegistrar in writing whether or not he accepts the appointment of the assessors proposed in such notice, or any of them, and shall therein give the names of such assessors as he is will- ing should be summoned. 10. Where the party served with the notice mentioned in the last preceding Eule does not accept the proposed appointment he shall forthwith after receipt of such notice inform the Eegistrar in writing of his non-acceptance and of the reasons thereof, and the Eegistrar shall thereupon fix a time and place for hear- ing such objection and selecting the assessors to be summoned. Such objection may be heard either on the return-day of the sum- mons or before the Judge acting under the powers conferred on him by section 4 of the County Courts Acts, 1875, or if the Judge so directs before the Eegistrar. Notice of the time and place at which the objection will be heard shall be given to all parties interested. On the hearing such order shall be made as the Judge or Eegistrar shall think just, and any costs occasioned by the objection or con- sequent thereon maybe ordered to be paid by the party objecting. When assessors are appointed they shall be summoned by the Eegistrar. § 11. If at the time and place appointed for the trial the assessors summoned, do not appear, the Judge may either proceed to try the action, with the assistance of such one or more of the assessors, if any, as do appear, # Form 128. J Form 130. t Form 133. § Forms 131, 132, or, if none appear, without assistance, or he may adjourn the trial. 12. Every person requiring the Judge to be assisted by assessors shall at the time of applying pay to the Eegistrar the sum of two guineas if the amount claimed does not exceed 201., and four guineas if it does exceed that amount, and such payments shall be considered as costs in the action, unless otherwise ordered by the Judge. 13. Where an action is adjourned, the plaintiff shall pay the assessor's fees for the day of adjournment forthwith after the order of adjournment is made by the Court. OEDEE XXII. Teial. 1. Notice of demand for a jury shall be made in writing to the Eegistrar four clear days before the return day, and the sum- monses to the intended jurors shall be de- livered to the bailiff forthwith. 2. Where notice of a demand for a jury has not been given in due time, or if at the trial both parties desire to try by a jury, and no jury be then in Court, the Judge may, on such terms as he shall think fit, adjourn the trial in order that notice for a jury may be given. 3. Interpleader matters and actions of re- plevin or for the recovery of land or tene- ments, or to enforce any right relating to lands, or for the recovery of any damages in respect of any such right, may, at the instance of either party, be tried by a jury ; and, by order of the Judge or Eegistrar, any other action or matter or any question of fact aris- ing therein may be tried by jury.. 4. The number of jurymen summoned to attend at a Court for the trial of actions shall be ten, unless the Judge shall otherwise order. 5. If when a trial is called on the plaintiff does not appear, and the defendant appears, and does not admit the plaintiffs claim, the Judge may, in his discretion, award costs to the defendant in the same manner, and to the same amount, as to counsel, solicitor, witnesses, and other matters, as if the action had been tried, but no hearing fee shall be charged.* 6.f Where a default summons has been issued and notice of defence has been given, and neither the plaintiff nor defendant appear when the trial is called on, the action shall be struck out ; and where notice of defence has been given, and the defendant appears, * Form 37. t 38 & 39 Vict. c. 50, s. 1, and 18 & 19 Vict. 0.67. 128 SUPREME COURT OF JUDICATURE. [Law J. and the plaintiff does not appear, the action shall be struck out and costs may be ordered against the plaintiff as in the last preceding Bule mentioned, and where the plaintiff appears and the defendant does not appear, judgment may be entered for the plaintiff without further proof, the amount to be pay- able by instalments or otherwise as the Judge may think fit. 7. If when a trial is called on the plaintiff does not appear, and the defendant has given notice of a counter-claim, he may prove such counter-claim so far as the burden of proof lies upon him and have judgment accord- ingly ; provided that any judgment obtained under this Rule may be set aside upon the application of the plaintiff in like manner as a judgment obtained under section 80 of the County Courts Act, 1846. 8. Where an infant defendant appearing at the trial of any action or matter names a person as his guardian, who then assents so to act, such person shall be appointed guardian accordingly; but if the defendant do not name a guardian, the Judge may appoint any person in Court willing to act as guardian,* or in default of such person the Judge shall appoint the Registrar to act as guardian, and the action or matter shall thenceforth proceed as if the infant had named a guardian, and the name of the guardian appointed shall be entered according to the form in the Appen- dix.f but no responsibility shall attach to the person so appointed guardian at the instance of the Judge. 9. "Where at the trial it shall appear that an action for the same cause at the suit of the same plaintiff is pending in any other Court of Record, the Judge shall order the trial to stand adjourned to a certain day, and unless before such day the action in such other Court shall have been discontinued, the action shall be struck out. 10. At the trial the Judge may try the whole matter of the action and give judg- ment thereon, or grant any relief, redress, or remedy, or may make any order, or give any direction he may consider necessary to enable him to give a final judgment upon a day to which the trial may be adjourned, and may also make such order as to costs as he may think fit. 11. At the trial the Judge may make an order determining any question or matter submitted pursuant to Order VI., rule 6, in any action for administration or for the execu- tion of trusts without making an order for the general administration of the estate or execu- tion of the trusts. 12. tn any action or matter in which an * Form 65. f Form 6G. injunction has been, or might have been, claimed, the plaintiff may, before or after judgment, apply for an injunction to restrain the defendant or respondent from the repeti- tion or continuance of the wrongful act or breach of contract complained of, or from the commission of any wrongful act or breach of contract of a like kind relating to the same property or right, or arising out of the same contract ; and the Judge may, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, grant the injunction, either upon or without terms, as may be just. 13. The Judge by whom any action or matter may be tried, may, in his discretion, inspect, or order the jury to inspect, any property or thing concerning which any question may arise therein. 14. "Where at the trial it shall appear to the Judge that there are claims, estates, titles, or rights, or any equitable duties or liabilities which cannot be disposed of by reason of all the proper parties not being before the Court, the Judge may order such parties as may be necessary to be made plaintiffs or defendants, upon such terms as to adjournment, notices, and costs as the Judge shall think fit. 15. If, in any case in which the defendant sets up a counter-claim, the action of the plaintiff is stayed, discontinued, or dismissed, the counter-claim may nevertheless be pro- ceeded with. 16. In any case of counter-claim or other- wise, or where any incidental claim arises at the trial, if the Judge thinks that such claim can be better disposed of by an independent action, he may order such claim to be ex- cluded, whether any application for that purpose be made to him or not. 17. If a person not originally a party to the action, who has been served with a notice of counter or other claim, does not appear at the trial, the Judge may proceed with the trial notwithstanding, and give such judgment or make such order as may be just against the person so served and not appearing, or may adjourn the trial and give such directions and make such order as to costs as he shall think fit. 18. "Where in any action a set-off or coun- ter-claim is established as a defence against the plaintiff's claim, the Judge may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the oase.* 19. "Where any of the parties to an action are officers of the Court, the Judge if he * Form 35. •vol. 55.] OEDEES AND RULES. 129 thinks fit may direot the trial to take place at some convenient Court of whioh he is not the Judge. ORDER XXIII. Judgments and Orders. 1. The Registrar shall enter in the minute- book a minute of all ordinary judgments and orders for the payment of any debt or damages or costs. 2. All special judgments or orders in the nature of decrees shall be -prepared by the Registrar, and the draft thereof shall be delivered by him to the successful party, together with an appointment to settle the same. The successful party shall submit the dfaft to his opponent for approval, and give notice of the appointment to settle. In case of disapproval by either party the Registrar shall finally settle the draft in the presence of such of the parties as attend. Either party dissatisfied with the judgment or order as so settled may apply to the Judge by motion, of which not less than four days' notice shall be given, to vary and finally settle the same, but, except by leave of the Judge or Registrar, such notice shall not operate as a stay of proceedings. The Judge on the hearing of such motion may refuse to make any order if the motion has not been made at the next sitting of the Court available after the judg- ment or order has been settled by the Regis- trar. The judgment or order when finally settled shall be sealed with the seal of the Court, and filed of record, and a minute of such filing, with the date thereof, shall be entered in the minute-book. 3. Except where otherwise provided by statute or. by these Rules, no order giving leave to take any proceeding and no inter- locutory order need be drawn up or served unless the Judge or Registrar "should other- wise order. 4. When a party acts by a solicitor, service of any judgment or order in the nature of a decree, and of any interlocutory order, or any notice relating to any such order when directed to be served, may be made by or upon such solicitor, as the case may be. 5. Any judgment or order for the payment of money or costs or both, or any other order, shall, subject to any special order by the Judge or Registrar, and subject to the pro- visions of these Rules, be prepared by the Registrar and delivered to the bailiff, who shall, within twenty-four hours, send the same, by post or otherwise, to the party on whom service has to be made: "Provided always, that it shall not be necessary for the party in whose favour any such judgment or order has been made to prove, previously to VnT.. Sfi OwTlTTPa ivn "Rttt va his taking proceedings thereon, that it was posted or reached the opposite party. 6. Where judgment is entered up against a party served with a default summons no order shall be drawn up or served. 7. Any person requiring a certificate of any judgment or order shall state in writing whether such certificate is required for the purpose of removing the proceeding to any other Court, or for the purpose of evidence only ; and in such latter case the Registrar shall state thereon the purpose for which it is required. 8. All moneys payable under ordinary judgments shall, unless otherwise ordered, be paid forthwith, or within fourteen days from the date of the judgment. Where judgment is given for payment by instalments, such instalments shall be payable at such periods as the order shall direct ; and if no period be mentioned, the first shall become due on the twenty-eighth day from the day of making the order, and. every successive instalment shall become due at a like period of twenty- eight days from the day of the previous in- stalments becoming due ; and such instal- ments shall be paid into Court in accordance with section 45 of the County Courts Aot, 1856. 9. When judgment is given for payment by instalments, the Registrar shall give notice to the plaintiff by post, according to the form in the Appendix,* of every payment made where the payment exceeds ten shillings. lO.t Where in an action to recovef land, or damages in respect of any right relating to land, the title of the plaintiff shall appear to have existed, as alleged in the summons, at the time of the entry of the plaint, but to have expired before the return-day, the plaintiff shall be entitled to judgment accord- ing to the fact that he was so entitled and for his costs of the action, unless the Judge shall otherwise order.}: 11. Where a judgment or order directs any deed to be prepared and executed, it shall state by which party the said deed shall be prepared, and to whom it shall be submitted for approval, and if the parties cannot agree upon the form thereof, the Judge may, upon the application of either party, settle the same himself, or name a conveyancing counsel by whom the same shall be settled, subject to the final approval of the Judge. 12. Where real property is ordered to be sold, the judgment or order shall direct who shall have the conduct of the sale,§ and by whom the conditions and contracts of sale, and the abstract of title, shall be prepared, * Form 88. f 30 & 31 Vict. c. 112, s. 11. X Form 223. * Form 263. B 130 SUPREME COUET OF JUDICATURE. [Law J. and the Eegistrar shall have all the powers of a Chief Clerk of the Chancery Division of the High Court to settle such conditions and contracts, and to fix reserved biddings. And where any conditions or contracts are ordered to he settled by a conveyancing counsel, the order shall name the counsel to whom they are to be submitted. 13. Where an order directs any personal property to be sold, the same shall be sold, under the superintendence of the high bailiff, by public auction, unless the Judge or Ee- gistrar shall otherwise direct. OEDEE XXIV. Accounts and Enquiries. 1. Where a judgment or order directs that any account be taken or enquiry made, such account shall be taken and enquiry made by the Eegistrar, and he shall for that purpose have all the powers of a Chief Clerk of the Chancery Division of the High Court, and all parties shall have the same power of summoning witnesses, including as witnesses any parties in the action, and of examining them on such accounts or enquiries, and of compelling the production of documents, as they would have upon the trial of an ac- tion; and all rules as to the summoning, swearitig, and examining of witnesses, and the production of documents at the trial, shall be applicable (as far as may be) tosuch summoning, swearing, examining, and pro- duction on taking any such accounts, or prose- cuting any such enquiries. 2. Where the Eegistrar is ordered to make enquiries or to take accounts, he shall by summons, according to the form in the Appendix,* returnable not less than seven days from the date of the order, addressed to all parties entitled to attend, direct such parties to attend at his office or at the Court, for the purpose of proceeding with such en- quiries or accounts. In all cases in which advertisements are ordered, the return-day shall be not less than twenty-one days after the date of the order, and the Eegistrar shall forthwith prepare and insert advertisements in conformity with such order, stating ,the time, place, and purpose of the proceedings, and shall insert the same fourteen days pre- vious to the day appointed. 3. Upon the day so appointed, or at any adjourned sitting, the Eegistrar shall sit at the time and place appointed, and shall hear all parties interested, their counsel or solici- tors. 4. Where an order directs accounts to be taken, any books of account in which the f Form 275, accounts required to be taken, or any of them, have been kept, shall, unless the Judge shall otherwise direct, be taken as prima facie evi- dence of the truth of the matters therein con- tained, with liberty to the parties interested to take such objections thereto as they may be advised. 5. Every advertisement for creditors or other persons having any claim upon or in- terest in the distribution of any assets to be administered by the Court, which shall be issued pursuant to any order, shall direct every such creditor or other person, within a time to be thereby limited, to send to the Eegistrar his name and address, and the full particulars of his claim or interest, and a statement of his account, and the nature of the security (if any) held by him, and at the time of directing such advertisement a time shall be fixed for adjudicating on the claims. 6. No creditor or other person need make any affidavit, or attend in support of his claim, unless he is served with a notice re- quiring him to do so, as hereinafter pro- vided. 7. Every creditor shall produce or transmit to the Eegistrar any security held by him, at such time as shall be specified' in the adver- tisement for that purpose, being the time ap- pointed for adjudicating on the claims ; and every creditor shall, if required, by notice in writing to be given by the Eegistrar, produce or transmit to the Eegistrar all other deeds and documents necessary to substantiate his claim before the Eegistrar at his office at such time as shall be specified in such notice. 8. Every person claiming as heir-at-law, devisee, next-of-kin, or legatee shall, if re- quired, by notice in writing to be given by the Eegistrar, produce or transmit to the Eegistrar any pedigree or proof mentioned in such notice within such time as shall be therein specified. 9. In case any creditor or other person shall neglect or refuse to comply with the two last preceding Eules, he ' shall not be allowed any costs of proving his claim, unless the Eegistrar shall otherwise direct. 10. At the time appointed for adjudication upon the debts or claims, the Eegistrar shall take the evidence of the executor, adminis- trator, or other accounting party upon such debts or claims, and may thereupon, in his discretion, allow any of such debts or claims without further proof, and may direct such investigation of all or any of the debts or claims not allowed, and require such further particulars, information, or evidence relating thereto as he may think fit, and may, if he thinks fit, require any creditor or other per- son to attend and prove his claim, or any part Vol. 55.] ORDERS AND RULES. 131 thereof; * and the adjudication on such claims as are not then allowed shall be adjourned to a time to be then fixed. 11. Notice of allowance shall be given by the Registrar to every creditor or other per- son whose claim, or any part thereof, has been allowed, and notice shall also be given by him to every creditor or other person whose claim or any part thereof has not been allowed to attend and prove his claim or such part thereof as is not allowed, by a time to be named in such notice, not being less than seven days after such notice, and also to attend at a time to be therein named, being the time to which the adjudication thereon shall have been adjourned ; t and in case any creditor or other person shall not comply with such notice, his claim, or such part thereof as aforesaid, shall be disallowed. 12. Any creditor or other person who has not previously sent in the particulars of his claim pursuant to advertisement may do so two days before any day to which the adjudi- cation is adjourned. 13. If any claim be sent in after the time fixed by advertisement (exoept as in this Order provided in case of an adjournment), the Registrar may, upon speoial application, entertain the same, upon such terms and conditions as to costs and otherwise as he thinks fit. 14. In taking any account, all just allow- ances shall be made without any directions for that purpose in the order to take such account. 15. Where a Registrar has been ordered to certify to the Judge upon any matter, he shall present to the Judge a certificate in writing signed by him. J 16. The Registrar shall prepare his certifi- cate seven days before the day appointed for presenting the same, and shall give notice by post to all parties to the action that the same lies in his office for the inspection of any parties interested therein or affected there- by ; § and he shall deliver a copy thereof to any person requiring the same, upon payment of the costs of such copy. 17. Where any party interested in or af- fected by the Registrar's certificate desires to have the same varied, he shall apply by him- self, his counsel or solicitor, at the Court on the day appointed for presenting the same, and the Judge shall thereupon hear and de- termine such application, and shall confirm or vary the certificate, and make such further order thereupon as he may think fit. 18. If no application shall be made to vary the certificate, it shall be taken as confirmed, unless the Judge shall otherwise order. * Form 276. f Forms 276, 277. t Form 278. § Form 280. 19. Where the Registrar, high bailiff, re- ceiver, or any party has by any order been directed to do any act, for doing which it may be found necessary to have further direc- tions or an order of the Court, the Registrar shall apply to the Judge for such direction or order, and upon such application the Judge may give such direction or make such order as he may think fit, or may appoint a time to hear all parties upon the application so made by the Registrar ; and if the Judge shall make such appointment for hearing, the same shall operate as a stay of proceed- ings in the action until the day so appointed, unless otherwise directed. ORDER XXV. Enforcement of Judgments and Ordeks. 1. Every order for the payment of money may be enforced in the same manner as a judgment for debt or damages is enforced under section 94 of the County Courts Act, 1846. 2<- When a married woman sued only in her own name obtains a judgment or order on the ground of coverture, and is awarded costs, she may enforce payment of such costs in her own name. 3. In case of any judgment or order, if any difficulty shall arise in or about the execution or enforcement .thereof, any party interested may apply to the Judge or Registrar, and the Judge or Registrar may make such order thereon for the attendance and examination of any party or otherwise as may be just. Warrants of Execution against Goods. 4. Warrants of execution against goods shall bear date on the day on which they are issued, and shall continue in force for twelve months from such date and no longer. 5. The Registrar before issuing any war- rant shall be entitled to require the person applying for the same to produce the plaint note or summons issued in the action, and to furnish a prsBoipe containing the number of the plaint, and the residence, place of busi- ness, and description of the person against whose goods the warrant is to be issued. 6. No warrant against goods, except by leave of the Judge or Registrar, shall issue on a judgment unless some payment into Court has been made therein by the judg- ment debtor within twenty-four months pre- viously, but no notice to the debtor, before applying for such leave, shall be necessary, and such leave shall be expressed on the warrant under the seal of the Court. 7. Where a defendant has made default in payment of the whole amount awarded by the judgment, or where the judgment was for payment by instalments of an instalment 132 SUPREME COTJET OF JUDICATURE. [Law J. thereof, a warrant of execution may issue against his goods without leave; and such execution shall be for the whole amount of the judgment and costs then remaining un- satisfied, unless in the case of instalments the Judge shall otherwise specially direct in each case. 8. Where a judgment is against partners in the name of the firm, execution may issue in manner following : (a.) Against any property of the partner- ship: (6.). Against any property of any person who has admitted that he is or who has been adjudged to be a partner : (c.) Against any person who has been served as a partner with a copy of the summons and has failed to attend upon the trial. If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the firm, he may, after giving to such person two clear days' notice of his intention, apply to the Registrar for leave so to do ; and the Registrar may give such leave if the lia- bility is not disputed, or, if such liability is disputed, may order that the liability of such person be determined by the Judge on motion. 9.* In the following cases, viz. : (a.) Where any change has taken place after judgment by death or otherwise in the parties entitled or liable to execu- tion ; * (6.) Where a husband is entitled or liable to execution upon a judgment or order for or against a wife ; (o.) Where a party is entitled to execution against any of the shareholders of a joint stock company upon a judgment recorded against such company, or against a public officer or other person representing such company ; the party alleging himself to be entitled to execution must apply to the Judge or Regis- trar for leave to issue execution accordingly. And such Judge or Registrar may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question neces- sary to determine the rights, of the parties shall be tried in any of the ways in which any question in an action may be tried. And in either case such Judge or Registrar may impose such terms as to costs or other- wise as shall be just. 10. Any order made under the last pre- ceding Rule shall be drawn up and served by post or otherwise on the persons to be » Forms 115, 228. affected thereby, and execution shall not issue until six clear days at least after the service of the order. When leave is granted, it shall be expressed on the warrant. 11. The Registrar shall, on issuing a war- rant of execution against the goods, indorse on such warrant the amount to be levied, distinguishing the amount adjudged to be paid, and the amount of the fee for issuing the warrant ; and shall prepare and deliver to the bailiff with the warrant a notice accord- ing to the form in the Appendix ; * and the bailiff, upon levying, shall deliver such notice to the party against whom the execution has issued, or leave the same at the place where the execution is levied. 12. Warrants of execution against goods may be issued concurrently into one or more districts, provided that the costs of more than one warrant shall not be allowed against the execution debtor unless by order of the Court. Judgment- Summons. 13. No order of commitment under the Debtors Act, 1869, shall be made' unless a summons to appear and be examined on oath, hereinafter called a judgment- summons, shall have been personally served upon the judgment-debtor, which summons may be issued without leave by the Court within the district of which the debtor dwells or carries on business or is employed.! 14. An application for leave to issue , a judgment-summons pursuant to the provi- sions of section 48 of the County Courts Act, 1856, shall be made in open Court upon affi- davit according to the form in the Appendix.^ A minute of the leave having been granted, and of the grounds on which such leave was asked shall be made by the Registrar. The districts of the Courts referred to in section 3 of the County Courts Act, 1867, shall be deemed to be one district, so far as relates to the issuing of judgment-summonses. 15. A judgment-summons shall not issue after the expiration of four months from the date on which the last payment into Court, if any, under such judgment or order shall have been made, or if no payment into Court shall have been made, then from the date upon which default was made, unless the delay has been occasioned by an attempt to levy an execution upon the debtor's goods, or unless an affidavit is filed, stating the debtor's place of residence or business, his trade or profession (if any), and any facts known to the deponent, shewing the means which the debtor has or sinoe the date of the judgment or order has had to pay or to have * Form 163. f Forms 50, 53. f Form 52. Vol. 55.] OEDEES AND EULES. 135 paid the debt or instalments sufficient to satisfy the Judge that the debtor has the means of obeying or could have obeyed the judgment or order of the Court ; and if the facts stated in the affidavit do not satisfy the Registrar that the debtor might be there- on committed, the Registrar shall refuse to issue the summons, and refer the applicant to the Judge for his directions, and the Judge, shall make such order in the matter as he shall think right. Every summons issued under this Rule shall be signed in the proper handwriting of the Registrar. 16. Where a judgment-creditor desires to apply for a judgment-summons to a Court other than the Court in which the judgment or order was obtained, he shall obtain from the Registrar of the Court in which the judgment or order was obtained, a certified copy of the judgment or order in the action according to the form in the Appendix,* and file the same with his application. 17. "Where a party desires to enforce by commitment in any Court a judgment of any competent Court other than a County Court, he shall obtain from such other Court an office copy of the judgment he desires so to enforce, and shall file such office copy, to- gether with an affidavit of the sum then due thereon, with the Registrar of the Court of the district in which the party, against whom the same is to be enforoed, resides or carries on business or is employed, and the Registrar shall thereupon issue a judgment-summons.t 18. Every judgment-summons shall be ac- cording to the form in the Appendix,! and be issued not less than ten clear days, and be served not less than five clear days, before the day on which the judgment-debtor is required to appear, except in the case pro- vided for by the next following Rule. 19. Where the person applying for the judgment-summons shall state to the Regis- trar that the judgment-debtor is about to remove from his dwelling or place of busi- ness, or is keeping out of the way to avoid service, then the judgment-summons may be issued and served at any time before the hearing : Provided that the Court shall not act upon a summons issued under this rule, unless at the hearing the Judge is satisfied, by evidence pn oath, that at the time of the application for the judgment-summons such party was either about to remove from his dwelling or place of business, or was keeping out of the way to avoid service. 20. Where a judgment-summons has not been served in due time by a bailiff, a suc- cessive summons may be issued without fee ; but if such successive summons is not served * Form 49. f F orm 51. $ Forms BO, 68. in due time, no further successive summons shall be allowed, but a fresh summons may be issued on payment of the fee. Any succes- sive or subsequent judgment-summons may be served by such person as the Judge or Registrar may direct. 21. The hearing of a judgment-summons may be adjourned from time to time. 22. Witnesses may be summoned to prove the means of the judgment-debtor, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint ; and the expenses of any person examined by the Judge, whether summoned or not, may be allowed by the Judge". 23. In Book H. in the Appendix there shall be entered the name of every witness who shall have been examined as to the means of the debtor, and whenever an order of commitment shall be made there shall also be entered in the column "order" of the said book a note or minute shewing whether such order has been made on account of the past or of the present ability of the debtor .to obey the order of the Court. 24. Where a judgment-creditor issuing a judgment-summons, or a judgment-debtor summoned to appear by a judgment-sum- mons, does not reside within the district of the Court in which the summons is to be heard, he may forward to the Registrar of the Court from which the summons issued an affidavit, setting forth any facts which he may wish to be before the Court prior to any order being made on the summons. And the Judge may, if he shall think fit, on the hear- ing of the judgment-summons, admit the affidavit as the evidence of the person by whom the same is made. 25. Upon the issue of a judgment-sum- mons against a party upon a judgment or order of the Court out of which the judgment- summons issued, the bailiff of such Court shall lodge in Court any warrant of execu- tion against the goods of such party which may have been issued in the action. 26. Where a judgment-summons is heard in a Court other than that in which the judgment or order was obtained, and an order of commitment or an order altering the terms of the judgment or order is made, all payments under the new order shall be made into, and execution or other process shall be issued by, the Court making such new order.* 27. Where a oertified copy of a judgment or order not marked to be used as evidence only is obtained from a Registrar, he shall make on the minute of the judgment or order a memorandum of having given such * Form 54. 134 SUPREME COURT OE JUDICATURE. [Law J. certified copy, and no warrant of execution against the goods or judgment-summons upon such judgment or order shall issue from the same Court, unless it be shewn to the satisfaction of the Judge or Registrar that no order has been made against the execution debtor in any other Court upon such certified copy. 28. Where an order of commitment is sent to a foreign Court under the provisions of section 104 of the County Courts Act, 1846, the Registrar of the foreign Court shall indorse on it a notice, according to the form in the Appendix,* addressed to the Governor of the prison used by that Court, and shall affix the seal of the Court thereto. 29. Where a judgment-debtor shall upon the return-day of a judgment-summons satisfy the Judge that a receiving order has been made for the protection of his estate or that he has been adjudicated bankrupt, and that the debt was provable in the bank- ruptcy, or that, in respect of the debt, reso- lutions have been duly registered under sections 125 and 126 of the Bankruptcy Act, 1869, or that an order has been made for the administration of his estate under section 122 of the Bankruptcy Act, 1883, no order of commitment shall be made, except in accord- ance with the provisions of the last-mentioned section. 30. Where a judgment-debtor shall, after the making of an order of commitment against him, file, in the Court in which the order was made, an affidavit according to the form in the Appendix,t stating that a receiving order has been made for the pro- tection of his estate, or that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that in respect of the judgment debt resolutions have been duly registered under sections 125 and 126 of the Bankruptcy Act, 1869, or that an order for the administration of his estate has been made under section 122 of the Bankruptcy Act, 1883, annexing to such affidavit in such last-mentioned case a certi- ficate of the Registrar of the Court in which such last-mentioned order shall have been so made, and shall forthwith, upon such affi- davit being so filed, give notice to the judgment-creditor of the filing thereof, such order of commitment shall not issue, but if issued and not executed it shall be recalled. 31. Where a -judgment-debtor is arrested, he may file in the Court within the district of which he is in custody, an affidavit as mentioned in the last preceding Rule, and thereupon the judgment-debtor shall be discharged. out of custody upon the certificate of the Registrar of that Court, who shall forthwith give notice to the judgment-cre- ditor of such discharge.* 32. For the purposes of the two last pre- ceding Rules the Registrar of the Court in which an order for the administration of a debtor's estate has been made under the provisions of section 122 of the Bankruptcy Act, 1883, shall, upon the application of the debtor, issue to him a certificate according to the form in the Appendix.t 33. An order of commitment made under the Debtors Act, 1869, shall be according to the form in the Appendix,f and shall, on whatever day it may be issued from the Registrar's office, bear date on the day on which the order for commitment was made, and shall be in force for one year only from such date, unless at any time . before the expiration of such year the Judge may think fit to extend the time during which the order is to be in force. The fact of such extension shall be indorsed on the order of commitment, according to the form in the Appendix. 34. When an order of commitment for non-payment of money is issued, the defend- ant may, at any time before his body is delivered into the custody of the gaoler, pay to the bailiff the amount indorsed on the order as that on the payment of which he may be discharged ; and on receiving such amount the bailiff shall discharge the defendant, and shall within twenty-four hours after receiving such amount pay over the same to the Regis- trar of the Court of which he is an officer. 35. The sum indorsed on the order of commitment as that upon payment of which the prisoner may be discharged, may be paid into the Court from which the commitment order was issued, or to the gaoler in whose custody the prisoner is, or into the foreign Court to which it was sent for re-issue under section 104 of the County Courts Act, 1846.§ Where the payment is made to the Registrar, he shall sign and seal a certificate thereof, and upon receiving such certificate by post or otherwise, the gaoler in whose custody the prisoner shall then be shall forthwith dis- charge such prisoner. And where the pay- ment is made to the gaoler, he shall, upon payment to him of suoh amount, together with costs sufficient to pay for transmitting such amount forthwith by post office order to the Court under the order of which the prisoner was committed, sign a certificate of such payment, and discharge the prisoner, and suoh costs of transmission shall be part of the prescribed costs. * Form 5G. t Form 58. * Form 60. % Forms 55, 56. Form 59. Form 61. V,OL. 55.] OBDEES AND EULES. 135 36. Upon the judgment creditor lodging with the Begistrar a request in writing, according to the form in the Appendix,* that the judgment debtor, if in prison, may be discharged from custody, the Eegistrar shall issue a notice according to the form in the Appendix,t and transmit the same by post to the gaoler in whose custody the. judgment debtor is ; and the gaoler shall upon receipt of suoh notioe forthwith discharge the prisoner. 37. A certificate of payment by a prisoner shall be "according to the form in the Api pendix4 38. If a judgment-debtor appears at the return-day, but the judgment-creditor fails to appear, the Judge may award 'costs to the judgment- debtor. 39. All costs incurred by the plaintiff in endeavouring to procure or enforce a judg- ment or order shall be deemed to .be due in pursuance of suoh judgment or order under section 5 of the Debtors Act, 1869, unless the Judge shall otherwise order. Warrant of Attachment. 40. Where a breaoh has been committed of an order in the nature of an injunction or of any other order, interlocutory or otherwise, which can be enforced by attachment or committal, the party entitled to the benefit of the order shall, if desirous of obtaining an order of attachment, make application to the Eegistrar. The Eegistrar shall thereupon prepare and issue for service a copy of the order sought to be enforced, sealed with the seal of the Court and indorsed with a notice according to the form in the Appendix, §" and the Eegistrar may, if the party by whom the order was obtained so desire, order the copy so indorsed to be served by the applicant's solicitor upon the party to be bound thereby, and in default of such order the said, copy shall be issued to the baliff for service. In either case the copy shall be served in the same manner in which service of ordinary summonses may be effected. 41. If the person against whom the order is directed fails to obey it, the Eegistrar, on the application of the party entitled to the benefit of the order, shall, not less than three days after service of the copy indorsed as provided by the last preceding Eule, issue for service a notice under the seal of the Court requiring the person who has failed to obey the order to appear at a Court to be held on a day to be named in such notice to shew cause why he should not be committed for his contempt in neglecting to obey such * Form 62. J Form 61. t Form 63. * Form 292. order.* The notice shall be issued for service and served personally, or it may be other- wise served if, after failure to be served per- sonally, the Judge or Eegistrar shall so allow. By leave of the Judge or Eegistrar the notice may be issued and served at an earlier period than as above prescribed. 42. On the day named in the notice men- tioned in the last preceding Eule, the Judge, on proof of service of the copy order duly indorsed as provided by Eule 40, and of the above notice, as provided by Eule 41 of this Order, and of the continued disobedience of the person in default, may order a warrant of attachment to issue, either unconditionally or on suph terms as shall be just, and may make such order as to costs as he may think fit.f Provided that if the party in default appear either in person, or by his solicitor or agent, proof of service of the copy order and notice shall not be necessary, unless the Judge shall otherwise order. Provided also, that the warrant shall issue and may be executed forthwith without notice or service of the order authorising its issue, unless the Judge shall otherwise order. 43. Any person in custody under any order (other than an order under the Debtors Act, 1869), in which it is directed that the appli- cation for his discharge shall be made to the Judge,f may make such application at the Court, or by leave of the Judge at any place which he may appoint, upon giving to the party at whose instance he was committed notice of his intention so to apply two clear days before making the application, and such discharge, if granted, shall be given according to the form in the Appendix.§ 44. Any person in custody under any order (other than an order under the Debtors Act,, , 1869), in which it is not directed that the application shall be made to the Judge, || may apply to the Eegistrar to be discharged upon giving to the party at whose instance he was committed notice of his intention so to apply two clear days before making the application, and such discharge, if granted, shall be given according to the form in the Appendix.^ Warrant of Possession. 45. A judgment or order for the recovery or for the delivery of the possession of land, whether made in an action of ejectment or in any other action or matter, may be en- forced by warrant of possession, which shall be according to the form in the Appendix.** 46.ft Where in an action to recover land, judgment is given for the plaintiff, execution * Form 293. f Forms 294, 295, 296. t Form 298. § Form 299. || Form 298. % Form 299. ** Forms 226, 227. ft 30 & 31 Vict - °- 142 ' s - n ' 136 SUPBEME COUET OF JUDIOATUEE. [Law J. may issue upon a day to be named in the judgment, and if no day be named then it may issue after the expiration of fourteen clear days from the day on •which judgment shall have been given. 47.* Where in an action to recover land, judgment has been obtained for the recovery of possession and costs, there may be either one warrant or separate warrants of execu- tion for the recovery of possession and for the costs at the election of the plaintiff. 48.f Where in an action to recover land, judgment is , given for the defendants or any of them with costs, execution may issue for the costs on the day named in the judgment, and if no day be named then at the expiration of fourteen clear days from the day on which judgment shall have been given. 49. When an order is made for the re- covery or for the delivery of the possession of land to any person, the warrant of posses- sion shall not be issued by the Eegistrar without evidence by affidavit of service of the order and disobedience thereto. "Warrant of Delivery. 50. Where it is sought to enforce a judg- ment or order 'for the recovery of any pro- perty other than land or money, the Judge or a Eegistrar may, upon the application of the plaintiff, or that a warrant of delivery shall issue for the delivery of the property, and that if the property cannot be found, the bailiff shall distrain the defendant by all his lands and chattels within the district of the Court of which he is bailiff, till the defendant delivers the property ; or, at the option of the plaintiff, that the bailiff shall cause to be made of the defendant's goods the assessed value, if any, of the property. 51. Warrants of delivery shall be according to the forms in the Appendix ; t and when a warrant of delivery is issued, the plaintiff shall, either by the same or a separate war- rant of execution, be entitled to have made of the defendant's goods the damages and costs awarded. OEDEE XXVI. Attachment of Debts. 1. Where a plaintiff is desirous that the defendant, if the defendant shall have judg- ment given or an order made against him for the recovery of money, shall be orally examined forthwith after the judgment shall have been given, the order shall have been made, as to what debts are due and owing or accruing to him, the plaintiff shall, before the * 30 & 31 Vict. c. 142. s. 11. f Ibid > \ Forms 250, 251, 252. action is called on, lodge with the Eegistrar a statement in writing of the name, address, and description of the persons who (as far as he knows) are debtors to the defendant and who in respect of such debts are within the jurisdiction of the Court.* 2. Where such a statement has been lodged, the defendant, if he shall have had a judg- ment or an order given against him, may then be examined before the Court at the request of the plaintiff as to any debt due, owing, or accruing to the defendant from any persons mentioned in the statement, and if any such person be then present, he may be required forthwith, if he admits the debt, to shew cause why he should not be ordered to pay into Court, for the benefit of the judgment creditor, such debt or so much thereof as will satisfy the debt adjudged or ordered to be paid, and the Court may make an order for the payment of such debt,t or so much thereof as will satisfy the debt, and such order shall be entered in the minute-book, and may be enforced in like manner as any order made in any action in the Court ; { and where such person pays the money as ordered, he shall not be liable for any costs, and an entry of the payment shall be made in the "Cash Book" and "Ledger." 3. A plaintiff who has not lodged such statement, and who has obtained a judgment or order for the recovery or payment of money, or a defendant who has obtained such judgment or order against a plaintiff, 'may at any time after the judgment or order, upon lodging with the Eegistrar of the Court in which the judgment or order was given, or made an affidavit stating that the judg- ment or order has been obtained,§ and is un- satisfied, and that a third person (hereinafter called the garnishee) is indebted to the debtor liable under such judgment or order, and is in respect of such debt within the jurisdic- tion of the Court, and could be sued therein without leave or by leave under section 1 of the County Courts Act, 1867, enter a plaint to obtain payment to him of the amount of the debt due to the said debtor from the garnishee, or so much thereof as may be sufficient to satisfy the judgment or order ; || and where the garnishee is not in respect of such debt within the jurisdiction of the Court, the person who has obtained such judgment or order, upon lodging a certificate of the judgment or order and a copy of the said affidavit with the Eegistrar of the Court in the district of which the garnishee resides or carries on business, may enter a plaint in such last mentioned Court.^T * Form 153. f Form 15i - t Porm 158 - § Form 155. || Form 156. f Form 49, Vol. 55.] ORDERS AND RULES. 137 4. The summons on the plaint shall be per- sonally served on the garnishee, and when so served it shall attaoh in the hands of the garnishee all debts due, owing, or accruing from him to the debtor liable under the judg- ment or order. 5. Where the garnishee is a firm or is a company or other , corporation, the summons need not be served personally, but it may be served as provided by Order VII., with re- spect to the service of an ordinary summons. 6. Where the garnishee shall pay into Court five clear days before the return-day the amount due from him to the debtor liable under the judgment or order, or an amount equal to the judgment or order, he shall not be liable for any costs incurred by the person who obtained the judgment or order. 7. The Registrar shall forthwith givanotice of the payment into Court to the person who has obtained the judgment or order, and if the said person elects to accept the money so paid into Court by the said garnishee, and shall send to the Registrar and to the garnishee by prepaid post or leave with the Registrar a written notice stating such accep- tance, within 48 hours after receipt of the notice of payment into Court, all further pro- ceedings against the said garnishee shall abate, and the Registrar shall pay the money so paid into Court to the person who obtained the judgment or order in discharge or part discharge of the debt due to such person, and of the costs of issuing the garnishee summons. 8. Upon the return-day, should the amount paid into Court under Rule 6 of this Order be not accepted, the Court shall determine as to the liability of the garnishee to pay any further sum on account of the debt claimed, to be due from him to the debtor, and as to the party by whom the costs of the proceed- ing by plaint shall be paid, and make such order as may be in accordance with such de- termination.* 9. Where the Court in which the garnishee is sued is not the Court in which the judg- ment or order upon which he is garnished was given or made, the Registrar of such first-mentioned Court shall send a certificate of the order of his Court to the Court in which such judgment or order was given or made, and of payment, if any, made before or after the return-day.f 10. Whenever in proceedings to obtain an attachment of debts it is suggested. by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Judge or Registrar may order such third person to appear, and state the nature and * Form 157. f F ° ri n 49. Vol. 55. — Obdebs anti Rni,»o particulars of his claim upon such debt, and after hearing the allegations of such third person and of any other person whom by the same or any subsequent order is ordered to appear, or in case of such third person not appearing when ordered, the Judge may de- cide in favour of the person who obtained the judgment or order any issue or question to be tried or determined between the third person and the person who obtained the judg- ment or order, and may bar the claim of such third person or make such other order as such Judge shall think fit, upon such terms, in all cases, with respect to the lien or charge (if any) of such third person, and to costs, as the Judge shall think just and reasonable. 11. Payment made by or execution levied upon the garnishee under any such proceed- ing as aforesaid shall be a valid discharge to him as against the debtor, liable under a judgment or order, to the amount paid or levied, although such proceeding may be set aside, or the judgment or order reversed. ORDER XXVII. Interpleader. 1. Where a claim is made to or in respect of any goods or chattels taken in execution under the process of a Court the high bailiff shall forthwith send notice to the execution creditor, according to the form in the Appen- dix,* and if the execution creditor admits the title of the claimant to the goods or chattels, and sends. notice in due course of post to the high bailiff of such admission according to the form in the Appendix,t or to the like effect, he shall only be liable to such high bailiff for any fees of possession or expenses incurred prior to the receipt of such notice. 2. Where the execution creditor does not in due time, as directed by the last preceding Rule, admit the title of the claimant to the goods or chattels, and the claimant persists in his claim thereto, the high bailiff shall apply for an interpleader summons to be issued, and should the claimant withdraw his claim, or the execution creditor file an admission of the title of the claimant prior to the return-day of such summons, and at the same time give notice of such admission to the claimant, the Judge may, in and for the purposes of the interpleader proceedings, make all such orders as to costs, fees, charges, and expenses as may be just and reasonable. 3. Where any claim is made to or in respect of any goods or chattels taken in execution under the process of a Court, or in respect of the proceeds or value thereof; and summonses have been issued on the application of the * Form 178. t Form 179. 138 SUPREME COUET OF JUDICATURE. [Law J. high bailiff, such summonses shall be served in suoh time and mode as by these Rules directed for an ordinary summons to appear to a plaint, and the case shall proceed as if the claimant were the plaintiff, and the execu- tion creditor the defendant ; provided that where the claimant has not made deposit in accordance with section 72 of the County Courts Act, 1856, the time of service may, if the high bailiff so desires, by leave of the Judge or Registrar, be such time as will ob- tain a speedy decision on the claim. 4. The claimant shall, five clear days before the return-day, deliver to the high bailiff, or leave at the office of the Registrar, particulars of any goods. or chattels alleged to be the property of the claimant, and of the grounds of his claim, and in case of a claim for rent of the amount thereof, and for what period, and in respect of what premises the same is claimed to be due ; * and the name, address, and description of the claimant shall be fully set forth in such particulars, -and any money paid into Court under the execution shall be retained by the Registrar until the claim shall have been adjudicated upon: Provided that by consent of all parties, or without such consent if the Judge shall so direct, an interpleader claim may be tried, although this Rule has not been complied with. 5. The Judge upon the hearing shall ad- judicate upon any claim of the high bailiff for possession fees, and may, if he shall think fit, order the same, or such part thereof as he may think just, to be paid by the claimant or by the execution creditor. 6. In the event of the claimant of any goods taken in execution not making, in accordance with the provisions of section 72 of the County Courts Act, 1856, a deposit with the bailiff either of the amount of the -value of the goods claimed, or of the sum which the bailiff is. allowed to charge as costs for keeping possession of such goods until a decision can be obtained, the bailiff may, in his discretion, delay selling such goods until the Judge shall have adjudicated on such claim ; and for the keeping of such continued possession he shall be allowed such costs out of pocket only as the Judge may order. 7. Where the claimant to goods taken in execution claims damages from the execution creditor or from the high baliff for or in re- spect of the seizure of the goods, he shall in the particulars of his claim to the goods state the amount he claims for damages, and the grounds upon which he claims damages. 8. Where an execution creditor claims damages against a high bailiff arising out of * Forms 180, 181. the execution of any process, he shall five clear days before the return-day deliver to the high bailiff a notice of such claim, stating the grounds and amount of such claim. 9. Where a claim for damages under section 31 of the County, Courts Act, 1867, is made against any high bailiff and execution credi- tor, or either of them, they or either of them may pay into Court money in full satisfaction of such claim for damages, and such payment into Court shall be made in the same manner and have the same effect, and the parties re- spectively shall have the same rights and remedies, as they would respectively have if the proceeding were an action in which the claimant was plaintiff, and the high bailiff and judgment creditor defendants. 10. Interpleader summonses shall be issued by the Registrar, on the application of the high bailiff, without leave of the Judge, and shall be served on the solicitor of any party who acts, by a solicitor. 11. Interpleader summonses shall be issued from the Court of the district in which the levy was made, and the execution creditor and claimant shall be summoned to such Court. 12. When goods or chattels have been seized in execution under process of the Court, and a claimant claims to be entitled under a bill of sale or otherwise to the goods or chattels by way of security for a debt, and an order has been made directing a sale of the whole or part of the goods or chattels so seized, a duplicate of such order shall be delivered by the Registrar to the high bailiff, who shall thereupon forthwith sell the goods or chattels pursuant to the order, and after deducting the expenses of the sale and the taxes and ren,t, if any, directed by the order to be paid, pay the balance of the proceeds into Court, and such balance of the proceeds shall thereupon be applied by the Registrar in accordance with the directions contained in the order of the Court. 13. Where the defendant in an action brought by the assignee of a debt or chose in action has had notice that the assignment is disputed by the assignor, or anyone claiming under him, or in that or any other action for any debt, noney, goods, or chattels has had notice of any other opposing or conflicting claims to such debt or chose in action, he may, within five days of the service of the summons, apply to the Registrar for a summons against the assignor or the person making such conflicting claim, and the Registrar shall thereupon issue an inter- pleader summons according to the form in the Appendix,* returnable as soon as con- * Form 134, Vol. 55.] ORDERS AND RULES. 130 veniently may be, and upon the return-day of such summons the Judge shall hear the case of the defendant and of the plaintiff in the action, and also of the assignor disputing suoh assignment or of the person making such opposing or conflicting claim, and shall give such judgment therein as shall finally determine the rights and claims of all parties, as if the same had been an ordinary action into which a third party had been introduced by counter-claim.* 14. Where a defendant in an action brought by the assignee of a debt or chose in action has had notice as in the last preceding Rule mentioned, and thinks fit to pay the debt and costs into Court to abide its decision, he shall upon such payment into Court give to the Registrar the name of the person against whose dispute of the assignment or conflict- ing claim he desires to be protected, and the Registrar shall thereupon give notice to such person according to the form in the Appen- dix,t and on the return-day of the summons the Judge shall determine the rights of the parties, and may if he thinks fit order the defendant to pay all or any part of the costs. ORDER XXVIII. Transmission of Proceeds of Warrants from foreion districts. 1. In all cases of warrants, -whether against the goods or the person, to be exe- cuted in a foreign district, the Registrar of the foreign Court shall immediately on the receipt of the warrant make an entry of the receipt thereof in the " Foreign Executions Re-issued Book." 2. Where, by virtue of any warrant sent to a foreign district, any money shall have been received by the bailiff of the foreign Court, such bailiff shall, within twenty-four hours from the receiving of such money, pay over the same to the Registrar of the foreign Court, and shall, imless an interpleader summons as to such money is pending, make a return in writing of the amount received according to the form in the Appendix ; J and in the case of a levy having been made, the bailiff shall state in the return the gross amount produced by such levy, the particulars of the appraiser's and broker's charges, and the fees allowed for keeping possession, and he shall pay over to the Registrar of the foreign Court the amount levied, less' suoh charges and fees ; and the Registrar of the foreign Court shall certify in the said return the amount paid into Court, and the correct- ness of the said charges, and shall account * Forms 136, 137, 138. f Form 135 - t Form 174. for and pay over such amount to the trea- surer of his Court at such time as the trea- surer shall require ; and the high bailiff shall thereupon transmit such return to the high bailiff of the home Court, as directed by" section 104 of the County Courts Act, 1846, and such latter bailiff shall, with- in twenty-four hours from the receipt of such return, deliver the same to the Regis- trar of his Court, who shall file such return and thereupon pay out of any money in his hands, to the plaintiff in the action, the amount certified in such return to have been received by the Registrar of the foreign Court, as the proceeds of the execution, and shall enter in a book the amount so certified according to the form in the Appendix,* and the Registrar shall he allowed by the trea- surer of his Court, at his audit, the amount so paid. 3. Where by virtue of any order of commit- ment to be executed in a foreign district any money shall be paid into the Court of such district, the Registrar shall transmit a certifi- cate, according to the form in the Appendix,t to the Registrar of the home Court of the amount so paid in, and shall account for and pay over the amount to the treasurer of his Court at- such time as the treasurer shall re- quire ; and the Registrar of the home Court shall upon the receipt of the certificate file the same and pay out of any money in his hands to the judgment-creditor the amount so certified to have been received by the Registrar of the foreign Court, and shall enter the same in the book mentioned in the last preceding Rule, and he shall be allowed by the treasurer of his Court, at his audit, the amount so paid. ORDER XXIX. Security. 1. In all cases where a party proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and upon the Registrar, at his office, notice of the proposed sureties according to the form in the Appendix,! and the Regis- trar shall forthwith give notice to both parties of the day and hour on which he proposes that the bond shall be executed, § and shall' state in the notice to the obligee that any valid objection which he may have to make to the sureties or either of them must be made on such day. 2. The sureties shall make an affidavit of their sufficiency according to the form in the * Form M. } Form 120. Form 17-1. Form 122. l4o SUPREME COURT OF JUDICATURE. [Law J Appendix,* unless the opposite party shall dis- pense with such affidavit. 3. The bond shall be executed in the pre- sence of the Judge or Registrar, or of a com- missioner to administer oaths. 4. Where a party makes a deposit of money in lieu of giving a bond, he shall forthwith give notice to the opposite party, by post or otherwise, of such deposit having been made. 5. In all cases where the security is by bond, the bond shall be given to the party or persons requiring the security, and shall be deposited with the Registrar until the action is finally disposed of. 6. No Registrar, deputy Registrar, Regis- trar's clerk, high bailiff, bailiff, broker, or other officer of the Court, shall become surety in any case where, by the practice of the Court, security is required. ORDER XXX. Proceedings by and against Executors and Administrators. 1. In actions by executors or administra- tors, if the plaintiff fail, the costs shall, unless the Court shall otherwise order, be awarded in favour of the defendant, and shall be levied de bonis propriis. 2. Where an executor or administrator, plaintiff or defendant, shall not appear on the day of hearing, the provisions of sections 79 and 80 of the County Courts Act, 1846, and of section 10 of the County Courts Acts, 1850, shall apply respectively, subject to the rules applicable to executors or administrators silling or sued. 3. A party suing an executor or adminis- trator may charge in the summons, that the defendant has had assets, and has wasted them, and he shall state in his particulars the amount of assets alleged to have been left by the deceased, and the manner in which the said assets have been wasted. 4. In all cases where the defendant is charged with waste in the summons, if the Judge shall be of opinion that the defendant has wasted the assets, the judgment shall be that the debt or damage and costs shall be levied de lords testatoris, si, &c, et si non, de bonis propriis ; and the non-payment of the amount of the demand immediately on the Judge finding such demand to be correct, and that the defendant is chargeable in re- spect of assets, shall be conclusive evidence of wasting to the amount with which he is so chargeable.f 5. Where a defendant sued as an executor or administrator admits his representative character, and only denies the demand, if the * Form 121. t Form 200. plaintiff proves the demand the judgment shall be that the demand and costs shall be levied de bonis testatoris, si, &c, et si non, as to the costs, de bonis propriis* 6. Where such defendant admits his repre- sentative character, but denies the demand, and alleges a total or partial administration of assets, and the plaintiff proves his demand, and the defendant proves the administration alleged, the judgment shall be to levy the costs of proving the demand de bonis testa- toris, si, &c, et si non, de bonis propriis ; and as to the whole or residue of the demand, judgment of assets, quando acciderint ; and the plaintiff shall pay the defendant's costs of proving the administration of assets.t 7. Where such defendant admits his repre- sentative character, but denies the demand, and alleges a total or partial administration of assets, and the plaintiff proves his demand, but the defendant does not prove the adminis- tration alleged, the judgment shall be to levy the amount of the demand, £ if such amount of assets is shewn to have come to the hands of the defendant, or such amount as is shewn to have come to them, and costs, de bonis testatoris, si, &c, et si non, as to the costs, de bonis propriis, and as to the residue of the demand, if any, judgment of assets, quando acciderint. 8. Where such defendant admits his repre- sentative character and the plaintiffs demand, but alleges a total or partial administration of the assets, and proves the administration alleged, the judgment shall be for assets quando acciderint, and the plaintiff shall pay the defendant's costs of proving the. adminis- tration of assets. § 9. Where such defendant admits his repre- sentative character and the plaintiff's demand, but alleges a total or partial administration of the assets, but does not prove the adminis- tration alleged, and has not established any other ground of defence, the judgment shall be to levy the amount of the demand, if so much assets is shewn to have come to the hands of the defendant, or such amount as is shewn to have come to them, and costs, de bonis testatoris, si, &c, et si non, as to the costs, de bonis propriis, and as to the residue of the demand, if any, judgment of assets, quando acciderint.\\ 10. Where judgment has been given against an executor or administrator, that the amount be levied upon assets of the deceased quando acciderint, the plaintiff or his personal repre- sentative may issue a summons according to the form in the Appendix,!] and if it shall appear that assets have come to the hands of * Form 201. f Form 202. J Form 203. § Form 204. || Form 205. f Form 206. Vol. 55.] ORDERS AND RULES. 141 the executor or administrator since the judg- ment, the Judge may order that the debt, damages, and costs be levied de bonis testa- toris, si, &c., et si non, as to the costs, de bonis proprUs ; provided that it shall be competent for the party applying to charge in the. summons that the executor or adminis- trator has wasted the assets of the testator or intestate, in the same manner as in Rule 3 of this Order, and the provision of Rule 4 shall apply to such enquiry ; and the Judge may, if it appear that the party oharged has wasted the assets, direct a levy to be made as to the debt and costs de bonis testatoris, si, &c, et si non, de bonis proprUs.* 11. Where a defendant admits his repre- sentative charaoter and the plaintiffs demand, and that he is chargeable with any sum in respect of assets, he shall pay such sum into Court, subject to the rules relating to pay- ment into Court in other cases. 12. In actions against executors or adminis- trators for whioh provision is not hereinbefore specially made, if the defendant fail as to any of his defences, the judgment shall be for the , plaintiff as to his costs of disproving such defence, and such costs shall be levied de bonis testatoris, si, &c, et si non, de bonis proprUs. ORDER XXXI. New Tkial. 1. An application for a new trial, or to set aside proceedings, may be made and deter- mined on the return-day, if both parties be present, or such application may be made at the first Court holden next after the expiration of twelve clear days from such return-day ; provided that the intending applicant, seven clear days before the holding of such Court, delivers to the Registrar at his office, and also gives to the opposite party by serving the same personally on such party, or by leaving the same at his place of abode or place of business, a notice in writing, signed by him- self or his solicitor, stating that such an application is intended to be made at such Court, and setting forth shortly the grounds of such intended application; but such notice shall not operate as a stay of proceedings unless the Judge shall otherwise order ; and if any money paid into Court under any execution or order in the action shall not have been paid out at the time such notice in writing shall have been given to the Registrar, the Registrar shall retain the same to abide the event of such application, or until the Judge shall otherwise order ; and if no such application be made, the money shall, if * Form 208. required, be paid over to the party in whose favour the order was made, unless the Judge shall otherwise order ; and if such notice be not given in manner aforesaid, or such application be not made at the Court men- tioned in the notice, no application for a new trial or to set aside proceedings shall be subsequently made, unless by leave of the Judge, and on such terms as he shall think fit ; provided that this Rule shall not apply to cases falling within the provision of section 80 of the County Courts Act, 1846. 2. The Judge may, in his discretion, make it a condition of granting a new trial, that it shall take place with a jury, although the former trial did not take place with a jury. ORDER XXXII. Appeals. 1. Appeals shall be had in accordance with the provisions of the Rules of the Supreme Cour ; t, December 1885, made under the Supreme Court of Judicature Act, 1884.* ORDER XXXIII. Actions or Matters remitted from or TRANSFERRED TO THE HlflH COURT OP Justice. l.t Where any action or matter is remitted, transferred to, or ordered to be tried by order of the High Court of Justice to or in a County Court, the plaintiff shall lodge with the' Registrar thereof the order, or a duplicate thereof, and the writ, and a copy or copies of any affidavit or affidavits on which the order was made,f and also a statement of the names and addresses of the several parties to the action or matter, and their solicitors, if any, and a concise statement of the particulars of claim, such as would be required upon enter- ing a plaint, signed by the plaintiff or his solicitor, and the Registrar shall thereupon enter the action or matter for trial and give notice to the parties of the day appointed for such trial, by post or otherwise, ten clear days before such day, and shall annex to the notice to the defendant a copy of the par- ticulars^ 2. The Registrar shall forthwith indorse on the order, or duplicate thereof, the date on which the game was lodged and file the same, and the action or matter shall proceed in all things as if it were an ordinary action in the Court. 3. Upon being served with a notice of trial under Rule I. of this Order, a defendant * See Rules of the Supreme Court, December 1885, p. 293. t 30 & 31 Viot. c. 142, ss. 7, 8, 10. t Forms 72, 75. § • Forms 73, 76. 142 SUPEEME COtJET OF JTJDICATUBE. [Law J. shall proceed in all things in the same . way as if the action had been brought in the County Court and the notice so served upon him was an ordinary summons. 4. Where in any action for libel or slander remitted under section 10 of the County Courts Act, 1867, to be tried in a County Court, the defendant intends to avail himseif of the provisions of sections 1 and 2 of 6 & 7 Vict. c. 96, he shall give notice in writing of such intention, signed by himself or his solioitor, to the Eegistrar five clear days before the day appointed for the trial of the action.* 5. If during the progress of any action to enforce any claim or title, or to obtain any relief, remedy, or redress which might re- spectively before November 1, 1875, have been the subject of a plaint or petition in equity, it shall be made to appear that the subject-matter of the plaintiffs claim exceeds the amount to which the jurisdiction of the Court is limited, the Judge if requested may forthwith make an order for the transfer of the action to the Chancery Division of the High Court of Justice, but if not so requested the order shall not be made before fifteen days at least ; and the Eegistrar shall make and file a copy of such order,t and shall transmit the order, by post or otherwise, to the proper officer of the Chancery Division of the High Court of Justice, and shall also send notice, by post or otherwise, of the fact to all parties and persons entitled to be served with a copy of the order. 64 If during the progress of taking any accounts or making any enquiries in any action for any claim, right, redress, or remedy which might before the commencement of the Supreme Court of Judicature Act, 1873, have been enforced in equity, it shall appear to the Eegistrar that the subject-matter of the action exceeds the amount to which the jurisdiction of the Court is limited, he may if he shall think fit proceed with and com- plete the particular account or enquiry, but he shall at the next sitting of the Court present a certificate of the state of the pro- ceedings in the action, and if the Judge shall be of opinion that such excess exists, he shall make an order of transfer as under the last preceding Eule.§ 7. Where any order is made by the High Court of Justice or any Division or Judge thereof for the transfer of any proceeding from the Court to the High Court of Justice under section 90 of the Supreme Court of Judicature Act, 1878, or under section 8 of the County Courts Act, 1865, or where an * Forms 96, 97. f Form 289. J 28 & 2'J Vict. c. 99. s. 9. § Form 289. order is made by a Judge under section 9 of the County Courts Act, 1865, and Eules 5 and 6 of this Order, then, subject to such order, the record in such proceeding shall be transmitted by the Eegistrar in the following manner. The Eegistrar shall make and certify under his hand office copies of all entries of record in the books of the Court, ancl shall forthwith transmit, by post _ or otherwise, to the proper officer of the High Court of Justice, such copies, together with all such documents as shall have been filed in the action, and also where the proceedings have been transferred from a Comity Court the order of such Court. Such copies and the cost of transmission shall be paid for by the party on whose application the transfer has been made, unless the transfer shall have been made by the Judge under Eule 5 of this Order without any application to transfer being made to him, in which case such copies and the costs of transmission shall be paid for by the plaintiff in the action, and the Eegistrar may require deposit of the cost of making such copies and transmission before making -or transmitting the same. 8. Where any action or matter is trans- ferred, under section 8 of the County Courts Act, 1867, to a County Court, the Eegistrar shall forthwith apply to the Judge thereof for directions as to the further st.eps in the action or matter, and thereupon the Judge may give suoh directions for carrying on the action or matter as he may think fit, or he may appoint a time to hear and determine any matters in such action or matter, and direct the Eegistrar to summon all parties to appear on the day so appointed. And the Judge shall also, if he thinks fit, order the Eegistrar to give notice to the parties to the action or matter, or any of them, that the order of transfer has been made. 9. Where a proceeding by way of inter- pleader has been transferred to a County Court under the powers given by section 17 of the Supreme Court of Judicature Act, 1884, the claimant shall lodge with the Eegistrar the order transferring the proceed- ing, or a duplicate or copy thereof, under the seal of the High Court of Justice,* together with office copies of all affidavits used on the application to the High Court of Justice, and a copy of the issue, if any, direoted to be delivered between the parties by any order of the said High Court, and also a statement in writing setting forth the names and ad- dresses of the several parties to such pro- ceeding, and their solicitors, if any, and concisely the nature of the proceeding trans- ferred, together with a request to enter the * Form 77. Vol. 55.] OEDEES AND RULES. 143 same for hearing. The Registrar shall there- upon enter the proceedings for hearing and give notice of the day, time, and place for the hearing of the proceedings to the London agent of the under sheriff, and to the execu- tion creditor, and to the olaimant ten clear days before such day, unless any, shorter notice be directed in the order transferring the proceeding. 10. Any proceeding by way of interpleader transferred to a County Court under the powers given by the 17th section of the Supreme Court of Judicature Act, 1884, shall be tried in such manner and under such conditions as may be prescribed by the order directing such transfer. In the event of no directions as to the mode of trial being given in such order, such proceeding shall be tried in the same manner as prescribed by the statutes and rules applying to the trial of proceedings in the County Courts, but the sheriff or any of the parties to the proceeding may apply to the Registrar of the Court to .which the proceeding is transferred for any special direction as to the mode of trial which the said sheriff or the said parties may desire, or as to any proceeding with reference to the property seized or as to the evidence. ORDER XXXIV. Replevin. 1. In actions of replevin no other oause of action shall be joined in the summons. 2. On entering a plaint in replevin, the plaintiff must specify and describe in a state- ment of particulars, the cattle,_or the several goods and chattels taken, and the distress or ' other taking of which he complains. 3. All actions of replevin in cases of distress for rent in arrear, or for damage feasant, shall be tried in a summary way as other actions in the Courts holden under the autho- rity of the County Courts Act, 1846, and the judgment therein, in ordinary cases, whether for plaintiff or defendant, shall be, unless otherwise ordered, according to the forms in the Appendix.* 4. Where the distress is for rent, or for any other claim for which a distress may be lawfully taken, and the defendant succeeds in the action, if the defendant shall so require, the Court shall, if the action is tried without a jury, and the jury shall, if the action is fried with a jury, find the value of the goods distrained, and if the value is less than the amount of rent or otherwise of money in arrear, judgment shall be given for the amount of such value, but if the amount of the rent ■or such other sum of money in arrear be less * Forms 34, 247, 248. than the value so found, judgment shall be given for the amount of such rent or other sum of money, and may be enforced in the same manner as any other judgment of the Court.* 5. Where the distress is for damage feasant, and the defendant is entitled to judgment for a return, if the plaintiff shall so require, the Court shall, if the 1 action is tried without a jury, and the jury shall, if the action is tried with a jury, find the amount of the damage sustained by the defendant, and judgment shall then be given in favour of the defendant, in the alternative, for a return, or for the amount of the damage so found.t 6. In all cases of replevin, other than those arising out of a seizure by way of distress where the defendant justifies the taking and proves his case, the judgment for the de- fendant shall be for a return of the goods with or without costs. ORDER XXXV. Bills- of Exchange Act, 1855. 1. Where under the Bills of Exchange Act, 1855, a defendant applies for leave to defend he shall satisfy the Judge or, in his absence, the Registrar, by affidavit, that good grounds exist for granting leave to defend the , action, and shall file with the Registrar such affidavit, together with a copy thereof, and shall, if required so to do by the Judge or Registrar, give security according to the~ provision of section 2 of the said Act. 2. Where leave is given to defend, the Registrar shall appoint the action to be heard at the first convenient sitting of the Court to be held after such leave is granted, and shall send to the plaintiff notice thereof according to the form in the Appendix, J together with a copy of the affidavits made by the defendant, and shall also send to the defendant by post a notice according to the form in the Appen- dix^ S. Any application, under section 3 of the Bills of Exchange Act, 1855J to set aside the judgment, shall be made to the Judge ; but until the judge can hear the same, exe- cution shall be stayed, upon the defendant giving security to abide the decision of the Judge. ORDER XXXVI. Registry of Judgments. 1. A return of every judgment entered in " The City of London Court " for the sum of 101. and upwards, shall be transmitted by the Registrar t6 the Registrar of County Courts * Form 247. $ Form 26, f Form 248, 144 SUPREME OOUET OF JUDICATURE. [Law J. Judgments in London, in the same manner as returns of judgments entered in a County Court are now transmitted. 2. A note of every judgment or order in an Admiralty action, or in any action which, be- fore the 2nd November 1875 would have been the subject of a'plaint or petition in equity, shall within ten days of the ..making thereof be transmitted by the Registrar to the Regis- trar of County Courts Judgments in London, who shall register the same as heretofore. ORDER XXXVII. Funds (County Couets Act, 1865). v 1. "Where a party is directed to pay money into Court under the County Courts Act, 1865, he Bhall attend and pay the same into the~office of the Registrar, and obtain a receipt for the amount ; and the Registrar shall, un- less otherwise ordered by the Judge, pay the same into a post office savings bank, in accor- dance with the provisions of section 26 of the County Courts Act, 1867. 2. The Registrar shall enter in the " Cash Book " and " Ledger for Equitable Proceed- ings under the County Courts Act, 1865," all sums so paid to the account of the action or matter, in which it is paid, and where the interest of any fund, paid into a post office savings bank, has been directed to be paid to any person, the Registrar shall pay the same half-yearly out of any general moneys in his hands. 3. The Registrar, whereyer he shall be di- rected by order to draw out of a post office savings bank the fund or part of the fund standing to the account of any action or mat- ter, shall send a letter to the Commissioners of the Treasury according to the form in the Appendix.* ' 4. Where money has before the 1st Janu- ary 1868 been invested in stocks and the in- vestment is in the names of the treasurer and Registrar alone, the Registrar shall from time to time receive the dividends of all the funds so standing in their names, and shall re-invest the dividend in the same names, except where and so far as the Court shall otherwise direct, and shall apportion the amount so re-invested in his books to the same accounts as the ori- ginal investments. 5. Where any order has been made upon any person to pay to the Assistant Paymaster ' for the Supreme Court any sum of money under section 5 of the County Courts Aot, 1865, such order shall be drawn up by the Registrar and issued to the bailiff of the Court ; by whom the same shall be served personally upon the persons ordered to make the payment. * Form 310, 6. Where default shall be made in the pro- duction of the certificate of the Assistant Paymaster for the Supreme Court, pursuant to the order made by the Judge, the Registrar shall give notice in writing to the Judge of the fact of such default, and the Judge may thereupon direct a warrant of execution to issue in accordance with section 5 of the County Courts Act, 1865. 7. Where any married woman is interested in any principal money, stocks, shares, or securities exceeding in value 2002., or 101., in annual payments, she shall be examined by the Judge apart from her husband to ascertain whether the same shall be paid to him or made the subject-matter of a settlement, and if the Judge thinks that a settlement should be made, and in all cases where the married woman is under age, the Judge shall by his judgment make such settlement accordingly ; Provided always, that the Judge may, if he thinks fit, order such settlement to be pre- pared by counsel and settled by the Judge. ORDER XXXVIII. The Trustee Relief Acts. The Settled Land Act, 1882. The County Courts Act, 1867, sect. 24. 1. All proceedings under the 5th and 6th subsections of section 1 of the County Courts Act, 1865, and under the Settled Land Act, 1882, shall be commenced by filing a petition. 2. Upon the filing of a petition, the Regis- trar shall issue the copies under the seal of the Court to the bailiff for service upon the respective persons to be served, together with a notice,* signed by the Registrar himself and under the seal of the Court, stating the day and hour on which the petition will be heard, and that if they do not attend, either in person or by their solicitors, such order will be made and proceedings taken as the Judge may think just and expedient. 3. The bailiff of the Court shall, four days at least before the hearing, serve all copies of such petitions and notices. 4. Upon the hearing of any petition or application under this Order, unless the Judge shall otherwise direct, the facts relied upon in support of or in opposition thereto shall be proved by affidavit. 5. The Judge may refer any matter to the Registrar to make enquiries and to report to him the result of such enquiries. 6. In every final judgment or order made upon any petition or application under this Order, liberty shall be given to all parties to apply. 7. Where the Judge makes an order upon * Form 303, .Vol. 55.] ORDERS AND RULES. 145 a petition or application under this Order the Registrar shall, as soon thereafter as con- veniently may be, draw up, seal, and file such order. 8.* Any person desiring to pay money, transfer stock, or deposit security in trust to attend the orders of any Court, shall file with the Registrar an affidavit, intituled in the matter of the Act, and of the particular trust, and setting forth : a. His own name, address, and descrip- tion: 6. The place where he is to be served with any petition or summons, or any notice of any proceeding or order of the Court relating to the trust fund : c. The amount of money, stock, or secu- rity which he proposes to pay, transfer, or deposit in trust to attend the orders of the Court : d. A short description of the trust or of the instrument creating it : e. The names, addresses, and descriptions of the persons interested in or entitled to, or claiming to be interested in or entitled to the fund, to the best of the knowledge and belief of the trustee : /. The submission of the trustee to answer all such enquiries relating to the appli- cation of the money or stock paid in or transferred, or security deposited or otherwise, as the Court may think proper to make or direct. 9. The affidavit in the last preceding Rule mentioned may be according to the form in the Appendix, with such variations as each particular case may require.t 10. Where it is desired to retain any sum of money for costs incurred in the payment of money into Court, or in any matter con- nected with the trust prior to such payment, a bill of costs shall be filed and such sum only shall be retained as may be allowed by the Registrar on taxation. 11. Probate of the will or the original in- strument or document, or such evidence as the Registrar may require as to the instru- ment creating the trust shall be left with the Registrar for such period as he may reason- ably require. 12. Immediately on the receipt by the Registrar of the affidavit, he shall indorse thereon a memorandum of the day on which the same was filed, and when such affidavit shall be so indorsed it shall be taken for all purposes to have been duly filed on the date so indorsed thereon. 13. The Registrar shall compare the state- ment in the affidavit with the probate or other instrument deposited with him, and * 30 & 31 Vict. c. 142. s. 21. f F °™ 300. Vol. 55. — On™?na a*™ tj... — shall indorse on the affidavit a memorandum that he has made such comparison, and shall add to such indorsement any memo- randum as to any matters which may be omitted in the affidavit and which he may think material. 14. The persons filing the affidavit, or any of them, may apply to the Registrar to give to them a certificate intituled in the matter of the County Courts Act, 1867, and of the particular trust, and -under the seal of the Court, certifying that the affidavit has been filed, and such certificate may be according to the form in the Appendix,* with such varia- tion as each particular case may require. 15. In the case of money, the persons filing the affidavit, or any of them, may, upon the receipt of the certificate in the last pre- ceding Rule mentioned, pay the money into a post office savings bank, under section 24 of the County Courts Act, 1867, and obtain from the officer of the bank a receipt for the same, and shall forthwith leave the receipt with the Registrar, who shall indorse thereupon a memorandum of the day on which the same was received by him ; and when such receipt shall be so indorsed it shall be taken for all purposes to have been duly recorded on the date so indorsed there- on. 16. In the case of stock, the persons filing the affidavit, or any of them, may, upon the receipt of the before-mentioned certificate in Rule 14 mentioned, transfer the stock into the names of the treasurer and Registrar of the Court mentioned in the said certificate, in trust to attend the orders of the Court, and shall forthwith leave the transfer ticket with the Registrar, who shall immediately indorse thereon a memorandum of the day on which the same was received by him ; and when such transfer ticket shall be so indorsed it shall be taken for all purposes to have been duly recorded on the day so indorsed thereon. 17. In the case of security, the person filing the affidavit may forthwith deposit the se- curity with the Registrar in the name of the treasurer and Registrar, in trust to attend the orders of the Court, and the Registrar shall immediately indorse on the affidavit a memo- randum of the day on which the security was deposited with him. 18. The Registrar shall, within twenty-four hours after the deposit of the security as in the last preceding Rule mentioned, send notice thereof by post to the treasurer of the Court, stating therein the particulars of the deposit, which notice may be according to the form in the Appendix,! with such variations as each particular case may require. * Forms 3C4, 305. T f Forai 309. 146 SUPREME COURT OF JUDICATURE. [Law J. 19. Where there is a Court in whioh there is not a treasurer, the transfer or deposit shall be made into the names of the Regis- trar and the superintendent of the County Court department of the Treasury for the time being. 20. Immediately after the reoording of the postmaster's reoeipt or of the transfer tioket, or of the deposit of the security, the Registrar shall give to the persons paying in the said money, or transferring the said stock or depositing the security, an acknowledgment or certificate of such payment or transfer or deposit, and such acknowledgment or certifi- cate may be according to the form in the Appendix,* with such variations as each par- ticular case may require. 21. Immediately after the recording of the postmaster's receipt or of the transfer ticket, or giving a certificate of deposit of security, the Registrar shall cause an entry to be made in the book heretofore called the Suits and Proceedings in Equity Book of the title of the particular trust, and the amount of money paid or stock transferred, or security deposited, and the names and addresses of the persons making such payment, transfer, or deposit, and the name of every person stated in the affidavit to be or to claim to be interested in or entitled to such money, stock, or security, and their addresses and descriptions, as given in the affidavit ; and the Registrar shall forthwith, by post, send to each of such last-mentioned persons, to the addresses given in the affidavit, a notice of the said payment, transfer, or deposit, which notice shall be tinder the seal of the Court, and may be according to the form in the Appendix,t with such variations as each par- ticular case may require. 22. Any person entitled to or claiming to be interested in any funds 1 in Court, or (if need be, but not otherwise) the trustee, who desires the directions of the Court as to the investment, paying out, or distribution of the whole or any part of the fund or the income ' thereof, may. file a petition according to the forminthe Appendix}: stating therein the sub- stance of the order which he desires to obtain, and praying for the order and direotion of the Judge with respect to the fund so paid into Court, and the rights of all persons thereto. 23. Where the application shall relate to the capital of the fund in Court, the trustee and all persons interested in such fund shall be served with a copy of the petition, unless the Judgje shall otherwise direct ; and where the application relates to the income only of the trust fund, the trustee only shall be * Forms. 306, 307. f Fonn 308 - X Form D01. served with the petition, unless the Judge shall otherwise direct. 24. Where a trustee shall have availed himself of the provisions of seotion 24 of the •County Courts Act, 1867, without sufficient reason, the Judge may direct such trustee to bear his own costs, and pay the costs of any other persons, or to bear and pay any part of such respective costs, as the Judge shall think fit. 25. If the person filing the petition relies only on the facts stated in the affidavit filed by the trustee, it shall be sufficient for the person filing such petition to state on oath at the trial that he believes such facts to be true, unless the Judge shall require any further evidence to be adduced. 26. Upon the trial the Judge shall require proof of all facts which are necessary to be ascertained in order not only to grant the specific relief prayed by the petition, but to declare and decide the rights of all parties in or to the fund in Court, and he shall make a final order declaring what such rights are, and make suoh order as to dealing with the whole of the fund as would be made upon a final judgment in an action for administra- tion.* 27. Where on the petition the petitioner relies only on the facts stated in the affidavit of the trustee, it shall not be necessary for the trustee to appear on the trial, and if he does so appear his costs shall not be allowed out of the fund unless the Judge shall certify that it was right and necessary for him to appear. 28. The Registrar shall pay to any person to whom money is found to be due by the final judgment or order the sum so found due ■upon his applying for the same and proving his identity to the satisfaction of the Registrar, and where the person was an infant at the time of the making of the final judgment or order upon proof that he has attained the age of twenty-one years. 29. The Judge at the instance of any person interested shall enquire into any pro- lixity, and as to any irrelevant matter in any petition or affidavit, and as to any needless or unnecessary expense thereby incurred, and shall make such order in reference thereto as the justice of the case may require. ORDER XXXIX. Admiralty Actions. Sittings of the Court. 1. The Judge may try or partly try the action at any place within the Admiralty district of the Court. » Form 302. Vol. 55.] ORDERS AND RULES. 147 2. Where application is made to the Judge for the trial or part trial of an Admiralty action at a plaoe in which a Court is not holden, the party making the application shall file a precipe undertaking to provide at his expense a place to the satisfaction of the Judge in which the action may be tried, and pay the neoessary expenses of the Judge and officers so attending.* 3. The days of the sitting of the' Court shall be those appointed for the transaction of the ordinary general business of the County Court held in the city or town mentioned in the name of the Court", or such other days as the Judge may from time to time appoint for the trying of an Admiralty action where from the detention of a vessel or otherwise a prompt determination of the action is desir- able. Institution of Action. 4. A plaintiff desiring to institute an Ad- miralty action shall file a prsscipe stating the nature of the action, his name, address, and description, and if the proceedings are com- menced through a solicitor, the name of the solicitor, and an address within three miles of the office of the Registrar at which it shall be sufficient to leave all instruments and documents in the action required to be served upon the party commencing such proceed- ings, and also stating the name of the owner or other person against whom the action is instituted, or that the action is instituted against the vessel or other property to which the action relates.t 5. In Admiralty actions in rem, no service of summons or warrant shall be required where the solicitor of the defendant agrees to accept service and to put in bail or to pay money into Court in lieu of bail. 6. In an Admiralty action for wages against the owners of a foreign vessel, notice of the commencement of the action shall be given to the Consul or Vice-Consul of the state to which the vessel belongs, if there is one resident within the district of the Court, and a copy of the notice shall be annexed to the praecipe. Summons. 7. Immediately upon the filing of the praecipe the Registrar shall enter a plaint and issue a summons for service by the soli- citor, should the proceedings have been com- menced through a solicitor, or by the bailiff of the Court.:): Arrest. 8. Where after the commencement of an Admiralty action, it is desired to arrest any * Form 318. f F °rm 317. t Forms 319, 320. vessel or property, the plaintiff must file an affidavit stating the facts which render it probable that the vessel or property will be removed out of the jurisdiction of the Court. 9. In an Admiralty action for necessaries or for wages the nationality of the vessel shall be stated in the affidavit. 10. Where upon the filing of the affidavit the Registrar, in the absence of the Judge, is satisfied with the evidence, he may issue a warrant for, the arrest and detention of the vessel or property, and where he is not satis- fied he may require further evidence to be adduced.* 11. A warrant of arrest may be executed on Sunday, Good Friday, or Christmas Day, as well as on any other day. Service of Summons or Warrcmt. 12. Where the vessel or property to which the action relates is within the district, service of the summons or warrant against the ship, freight, or cargo on board shall be effected by delivering it to the person who is at the time of service apparently in charge of the vessel or property, or, if there is no person apparently in charge, by nailing or affixing it on the main mast or on the single mast of the vessel ; and in other cases the summons must be served personally upon the defendant, unless the Judge, or, in his absence the Regis- trar, shall upon facts duly verified upon affi- davit allow of substituted service. 13. If the cargo has been landed or tran- shipped, service of the summons or warrant to arrest the cargo and freight snail be effected by placing the summons or warrant for a short time on the cargo, and afterwards leav- ing a true copy of such summons or warrant ' on the cargo. 14. If the cargo be in the custody of a person who will not permit access to it, service of the summons or warrant may be made upon the custodian. Appearance in Admiralty Actions. 15. A defendant desiring to enter an ap- pearance in an action shall file a praecipe, and thereupon an entry of his appearance shall be made in the Admiralty Actions Book.f 16. The praecipe shall state the name, address, and. description of the party on whose behalf the appearance is entered, and when such appearance is entered by a solici- tor, the name of the solicitor, and an address within three miles of the office of the Regis- trar at which it shall be sufficient to leave all instruments and documents in the action * Form 321. t Form 324. 148 SUPREME COURT OF JUDICATURE. [Law J. required to be served upon the defendant entering the appearance. 17. Any person claiming to have an interest in the vessel or property, whether cognizable by the Court or not, may intervene for the purpose of having the case transferred to the High Court of Justice. 18. Upon the arrest of any vessel or property an appearance may be entered in the same manner as upon the service of the summons. 19. Where an appearance has been entered the Registrar shall upon application by either the plaintiff or the defendant give to each party in the action, and where no appearance has been entered then to the plaintiff, a notice under the seal of the Court, stating the day upon which the action has been directed by the Judge to be heard. Release of Property. 20. "Where in an Admiralty action the amount sued for is paid into Court, together with costs, or the security completed, or the plaintiff requires it, the Registrar shall deliver to the party applying for the same an order directed to the high bailiff of the Court, authorising and directing him, upon payment of all costs, charges, and expenses attending the custody of the property, to release it forthwith.* 21. Notwithstanding the last preceding Rule, the property, in an Admiralty action for salvage, shall, except with the consent of the plaintiff, not be released until its value has been ascertained either by affidavit, by agreement, or by appraisement. Transfer of Action. 22. Where an action is transferred to another County Court or to the High Court by order either of the Court in which the action was commenced or of the said High Court, the Registrar shall transmit the record of the proceedings to the proper officer of the Court, in the same manner as is prescribed by Order XXXIII., Rule 7 of these RuleB, for the transmission of proceedings transferred under section 90 of the Supreme Court of Judicature Act, 1873, and sections 3 and 9 of the County Courts Act, 1865.f 23. Where the proceedings have been trans- ferred by an order of the High Court, a copy of the order transferring the proceedings shall be left with the Registrar. Second or Cross Action. 24. Where it shall appear to the Judge that the plaintiff in an Admiralty action (hereafter called the second action), was or is the de- fendant in an action (hereafter called the first action) in another Court arising out of the same transaction, and that he did not pro- pose to the plaintiff in the first action that by agreement jurisdiction should be given to the Court in which the first action was com- menced to hear and determine the second action, the Judge may, if he shall think fit, refuse the plaintiff in the second action his costs. 25. Where a second or cross action for damage has been commenced by a defendant in an action for damage, and the second action has been commenced, by agreement or otherwise, in the Court in which the first action was commenced, or has been trans- ferred to the said Court by order of any other Court, the Court may direct that both actions may be tried at the same time and upon the same evidence. Enforcement of Orders. 26. Where a judgment or order has been obtained against an unknown defendant, the vessel or property to which the action relates shall not be taken in execution, but it may be arrested and detained under the provisions of section 22 of the County Courts Admiralty Jurisdiction Act, 1868, or kept under arrest, if already arrested. 27. Where a judgment or order has been obtained in an action against an unknown defendant, and the name of the defendant is subsequently ascertained, the adverse party may deliver to the Registrar a precipe stat- ing the name, address, and description of the defendant, and thereupon the Registrar shall issue to the solicitor, if such prsecipe is deliv- ered through a solicitor, or to the bailiff for service, a notice of the judgment or order, stating thereon that if the defendant does not within four clear days from the day of service deliver a praecipe to the Registrar applying for a rehearing of the action, the vessel or property to which the action relates will be sold in execution.* 28. The notice in the last preceding Rule mentioned shall be served personally upon the defendant, unless the Judge, or in his absence the Registrar, shall upon facts duly verified upon affidavit allow of substituted service.f Execution against Vessel. 29. Where under a warrant of execution a vessel is seized, the high bailiff shall, before selling the same, cause an inventory and valuation thereof to be made by an appraiser, and the vessel shall not be sold for less than the appraised value thereof, except by order * Form 323. t Forms 326, 327. * Form 317. t Forms 30, 81. Vol. 55.] ORDERS AND RULES. 149 of the Court. The appraiser shall be allowed 10s. per cent, on the appraised value of the vessel, and a reasonable sum for travelling expenses and maintenance, if the vessel is beyond three miles from Registrar's office. 80. On the completion of the sale the high bailiff shall pay the proceeds arising there- from into Court, return the warrant, and file an account of the sale and of his fees thereon, signed by him, together with the certificate of appraisement signed by the appraiser. 81. On the completion of the purchase the high bailiff shall deliver up the property to the purchaser, and if required so to do shall execute a bill of sale to him at the expense of the purchaser. Transfer of Sale. 82. Where the vessel has been arrested or has been seized under a warrant of execution, and the sale of the vessel has been ordered to be transferred to the High Court, the vessel shall be retained by the high bailiff until the marshal shall, by order of the High Court, lake possession thereof. 33. The party desiring that the sale of any vessel or property should be conducted in the High Court of Justice, may at any time after judgment give security to the amount of 101., and deliver to the Registrar an application for an order for the transfer of the proceed- ings for sale to the said High Court. 34. The Registrar shall transmit the appli- cation in the last preceding Rule mentioned to the Judge for his order thereon, if the Court is not sitting, and shall in any case certify on the application that the security for costs has been given.* Notice of Defence im Collision. 35. Where in actions for damage by col- lision the defendant intends to set up as a defence that the vessel was by compulsion of law in the charge of a pilot, he shall give notice thereof to the adverse party as soon after the service of summons as may be, and if he shall fail to give such notice the Judge shall, in exercising his discretion as to costs, consider what effect the non-delivery of the notice has had in the action. Tenders. 36. The party desiring to make a tender shall give a notice to the adverse party of the terms and amount of the tender, and shall pay the amount into Court, and deliver a prseoipe.t 37. Within forty-eight hours from the pay- ment the adverse party shall file a notice stating whether he accepts or rejects the * Form 332. t Form 333. tender, and, if he shall fail to do so, he shall be deemed to have rejected it. Payment out of Court. 38. Money ordered in an Admiralty action to be paid out of Court may be paid to the solicitor on the record, without the production of a power of attorney from the party entitled to receive the money, unless the Judge shall otherwise order. 39. Where more than one action has been commenced against a vessel or any property, and the same has been sold, the proceeds there- of shall be retained in Court, to abide the de- cision of the Court in the various actions, unless the Judge shall otherwise order. Appraisement. 40. The Registrar may, on the application of either party, and whether before or after judgment, order any property under arrest to be appraised, and the same allowances shall be made to the appraiser as are directed to be allowed by Rule 29 of this Order. Records of the Court. 41. The parties in an action, their solicitors, or the clerks of the solicitors, may, while the action is pending, and for one year after its termination, inspect, free of charge, all the records in the action. 42. In a pending action no person other than the parties, their solicitors, or the clerks of the solicitors, shall be entitled to inspect the records in the action without the permis- sion of the Registrar. 43. In. an action which has been finally disposed of, any person may, on delivering to the Registrar a praecipe, and on payment of the proper fee, inspect the records in the action. Copies. 44. Any person entitled to inspect any in- strument or document in an action shall, on delivering to the Registrar a praecipe, and on payment of the proper charges for the same, be entitled to an office copy thereof. Assessors. 45. The party requiring the Judge to be assisted by two assessors shall at the time of delivering the precipe pay to the Registrar the sum of two guineas if the amount claimed does not exceed 100Z., and four guineas if it does exoeed that amount, and such payments shall be considered as costs in the action, unless otherwise ordered by the Judge. 46. Where the Judge requires the assis- tance of two assessors, the fees in the last preceding- Rule mentioned shall be paid by the plaintiff or his solicitor before the trial, 150 SUPREME COURT OF JUDICATURE. [Law J. and shall be costs in the action, unless other- wise ordered by the Judge. 47. Where an action is adjourned, the plaintiff shall pay the assessors' fees for the day of adjournment forthwith after the order of adjournment is made by the Judge. 48. Upon the delivery of the praecipe in Rule 45 mentioned, or upon the requirement of the Judge as in Rule 46 mentioned, the Registrar shall select from the list of as- sessors the names of two persons whom he may, having reference to the nature of the action to be tried, consider most capable of assisting the Judge in trying and determin- ing it, and shall send to each of such persons by post a summons according to the form in the Appendix.* 49. The Registrar shall pay to every as- sessor for each day's attendance and service in every action one guinea or two guineas, aocording as the amount claimed in the ac- tion does or does not exceed 1001. ORDER XL. Agricultural Holdings (England) Acts, 1875 and 1883. 1. "When an appeal is made to the Judge against an award made under the Agricul- tural Holdings (England) Act, 1875, or the Agricultural Holdings (England) Act, 1883, the party prosecuting the appeal shall be called the appellant and the party supporting the award the respondent. 2. The appellant shall, within eight days after the delivery of the award, file a copy thereof, together with a concise statement in writing of his grounds of appeal, which shall contain the following particulars : — (1.) If the appeal shall be made on the ground mentioned in section 36, sub- section 1, of the first-mentioned Act, or section 23, sub-sections 1 and 2, of the last -mentioned Act, a statement of the several objections to the validity of the award on which he relies : (2.) If the appeal is on any of the grounds mentioned in section 36, sub-section 2, of the Act of 1875, or section 23, sub- section 3, of the Act of 1883, a state- ment shewing in respect of what matters compensation is alleged to have been improperly awarded: (3.) If the appeal is made on any of the grounds mentioned in section 36, sub- section 3, of the Act of 1875, or section 23, sub-section 4, of the Act of 1883, a statement shewing in respect of what matters compensation is alleged to have been improperly withheld : * Form 335. (4.) No ground of appeal shall be allowed at the trial unless the foregoing provision of this Rule shall, in respect of such ground, have been complied with : (5.) The full names and addresses of the respondent and of the appellant and his solicitor if the proceedings are com- menced through a solicitor. 3. The Registrar shall, within twenty-four hours after the filing of the concise statement, transmit a copy thereof by post to every re- spondent at the address furnished to him, accompanied by a notice requiring the re- spondent to comply with the provisions of the next following Rule, according to the form in the Appendix.* 4. The respondent shall, within eight days after the transmission of the grounds of appeal to him, deliver to the Registrar a statement in writing signed by himself or his solicitor disclosing the following matters : — (1.) "Whether he disputes the validity in law of all, or any, and which of the grounds of objection to the award : (2.) Whether he disputes the truth in fact of all, or any, and which of the grounds of appeal : (3.) Whether he admits the validity in law and truth in fact of all, or any, and which of the grounds of appeal : (4.) Whether he prays that the case may be remitted to be reheard. (5.) His full name and address, and that of his solicitor if the statement be delivered through a solicitor. 5. Upon the receipt of the statement in the last preceding Rule mentioned, the Re- gistrar shall transmit a copy thereof and of the award and grounds of appeal to the Judge, who shall, as soon as conveniently may be, appoint a time and place for the hearing of the appeal and instruct the Regis- trar to give notice thereof forthwith to the parties. 6. The Judge shall hear and determine the appeal, and the order thereupon may be en- forced in the same manner as any other judgment of the Court.t 7. Every application for the appointment of a referee or umpire under section 22, sub- sections 6 and 9, or under section 23, sub- section 2, of the said Aot of 1875, or section 9, sub-section 6 and 9, of the said Aot of 1883, shall be by summons sealed with the seal of the Court, and returnable not less than seven days from the date thereof, except by consent. Such summons shall be taken . out by the party applying, and shall be ad- dressed to the other party, and shall direct the party summoned to attend before the * Form 311. t Form 312. Vol. 55.] OEDEES AND EULES. 151 Judge or Eegistrar (as the case may be) in Chambers on the return day thereof, for the purpose of proceeding with the appointment asked for. Such summons shall be served by the applicant's solicitor upon the other party's solicitor, if acting by one, and if not so acting, upon the other party personally. The appointment may be made by indorse- ment on the summons. If either party should desire that such application be heard before the Judge, he shall give notice in writing to the Eegistrar two clear days at least before the day fixed for the hearing of the application, and in such case the applica- tion will come on before the Judge on a day to be fixed by the Eegistrar. If no such notice be given, then the application may be disposed of by the Eegistrar, who shall have power to adjourn the application, if he shall think fit, for hearing by the Judge. OEDEE XLI. The Friendly Societies Act, 1875, &c. 1. Every dispute referred to the Court under the Friendly Societies Act, 1875, the Industrial and Provident Societies Act, 1876, the Building Societies Act, 1874, or the Literary and Scientific Institutions Act, 1854 (in this Order referred to as the said Acts), shall be so referred by plaint and summons in the ordinary way. 2. In proceedings commenced pursuant to the last preceding Eule, the claiming or aggrieved member (or other person) shall be plaintiff, and the society, either in its own name, or in the name of such persons as are authorised by the said Acts respec- tively to be sued on behalf of the society, shall be defendants. 3. Particulars of demand shall be filed in all cases of disputes under the said Acts, and shall state concisely the nature of the dispute referred, and the relief or order which the plaintiff claims. 4. All applications to the Court by the trus- tees or authorised officers of a friendly society in respect of any of the matters mentioned in section 20 of the Friendly Societies Act, 1875, shall, whether any bond be put in suit or not, be by action commenced by plaint and sum- mons in the ordinary way in which the society or the trustees or authorised officers thereof shall be plaintiffs and the person against whom the application is made defen- dant. 5. Applications to the Court under the Building Societies Act, 1874, against officers •of the society, shall, whether any bond be put in suit or not, be by action commenced by plaint and summons in the ordinary way, in which the society shall be plaintiffs, and the officer against whom the application is made defendant. 0. Particulars of demand shall be filed in all actions commenced pursuant to Eules 4 and 5 of this Order. 7. If the application be made by action without putting the bond in suit, the par- ticulars shall state shortly the nature of the thing required to be done or the neglect com- plained of, 8. If the thing required to be done be the delivering up of any property, the particulars shall contain a description of the property required to be given up. OEDEE XLII. Winding up of Companies and Societies. The general orders, rules, and forms in the Chancery Division of the High Court of Justice regulating the mode of proceeding under "The Companies Acts, 1862 and 1867," shall be the orders, rules, and forms in all proceedings in the County Courts for the winding up of a society registered under "The Building Societies Act, 1874," " The Indus- trial and Provident Societies Act, 1876," or for the winding up of a company under " The Companies Acts, 1862 and 1867," so far as the same are applicable : Provided that where if shall appear to the Court inconvenient that the Bank of England should be the bank used for the purposes mentioned in the order and rules, it shall be competent for the Court to name some bank to be used in lieu of the Bank of England. OEDEE XLIII. The Local Loans Act, 1875. 1. An application to the Court for the appointment of a receiver under the pro- visions of section 12 of " The Local Loans Act, 1875," shall be made by petition, and the same procedure shall be followed and the same fees be paid and costs allowed as on any other petition to the Court in which the subject-matter of the petition exceeds 1001. 2. An application to the Judge for rectifi- cation of a register of nominal securities under the provisions of section 25 of " The Local Loans Act, 1875," shall be made by petition, and the same procedure shall be followed, and the same fees be paid, and costs allowed, as on any other petition to the Court in which the subject-matter of the petition exceeds 20Z. and does not exceed 1001. 3. The Court to which petitions shall be presented under this Order shall be the Court of the district in which the local authority exercises its authority! 152 SUPREME COURT OF JUDICATURE. [Law J. ORDER XLIV. The Employees' Liability Act, 1880. Service of Summons. 1. A summons in an aotion brought under the provisions of the Employers' Liability Aot, 1880, where it is to be served in the home district, should in order to ensure its service be delivered to the bailiff thirty-two clear days at least, and where it is to be served in a foreign district, thirty-five clear days before the return day, but it shall in either case be served thirty clear days before the return day thereof. 2. Particulars of demand shall be filed by the plaintiff at the time of the entry of the plaint, whatever the amount claimed may be ; and a copy thereof shall be forthwith sent to the Judge. 3. The particulars of demand shall state in ordinary language the cause of the injury, and the date at whioh it was sustained, and the amount of compensation claimed, and where the action is brought by more than one plaintiff, the amount of compensation claimed by each plaintiff, and where the in- jury of which the plaintiff complains shall have arisen by reason of the act or omission of any person in the service of the defendant, the particulars shall give the name and de- scription of such person. Jury. 4. Notice of a demand for a jury shall be given in writing to the Registrar of the Court fifteen clear days at least before the return day, and the summonses to the intended jurors shall be delivered to the bailiff forth- with. Assessors. 5. Any person who shall, as hereinafter provided, be appointed by the Judge to act as an assessor in the action, shall be qualified so to act. 6. Where no demand for a jury shall have been made, a party who desires assessors to be appointed shall, ten clear days at least before the return day, file an application according to the form in the Appendix * stat- ing the number of assessors he proposes to be appointed, and the names, addresses, and occupations of the persons who may have expressed their willingness in writing to aot as assessors. If the applicant has obtained the consent of the other party to the persons named being appointed, he shall file such consent with his application. 7. "Where the application for the appoint- ment of assessors has been made by only one party to an action, the Registrar shall forward * Form 128. a oopy of the application so made to the other party, who may then either file on applica- tion for assessors, or file objections to one or more of the persons proposed. 8. Where separate applications are filed by the parties, no objection to the persons proposed shall be made by either party, but the Judge may appoint from the persons named in each application one or more assessors, provided that the same number of assessors be appointed from the names given in such applications respectively. 9. The applications for the appointment of assessors, together with any objections made to the persons proposed, shall be for- warded by the Registrar to the Judge. 10. Where the Judge shall grant the application for the appointment of assessors he shall appoint such of the persons proposed for assessors as he may think fit, subject to the provisions oontained in this order. 11. In any action where no demand for a jury has been made, and an application for the appointment of assessors has been filed, the Judge may, either before or at the return day, nominate one or more additional persons to aot as assessor or assessors in the action. Where no application for assessors has been made, the Judge may, if he think fit, appoint any one or more persons to act as assessors in the action before or at the return day. 12. If at the time and place appointed for the trial all or any of the assessors appointed shall not attend, the Judge may either pro- ceed to try the action with the assistance of such of the assessors, if any, as shall attend, or he may adjourn the trial generally, or upon any terms which he may think fit, or he may appoint any person who may be available and who is willing to aot, and who is not objected to or who if objected to is objected to on some insufficient ground, or the Judge may try the action without asses- sors if he shall think fit. 18. Every person nominated as an assessor shall receive for each day'B attendaueo in every action the sum of two guineas, together with such further sum, if any, for his expenses as the Judge may order. 14. Every person requiring the Judge to be assisted by assossors shall at the time of filing his application deposit with the Regis- trar the sum of two guineas for eaoh assessor proposed, and such payments shall be con- sidered as costs in the action, unless other- wise ordered by the Judge. Provided that where a person proposed as an assessor shall have in writing informed the Registrar that he does not require his remuneration to be so deposited, no deposit in respeot of such per- son shall be required. 15. Where an action shall be tried by the Vol. 55.] ORDERS AND RULES. 153 Judge -ffith the assistance of any assessors in addition to or independently of any assessors proposed by the parties the remuneration of such assessors shall be borne by the parties, or either of them, as the Judge shall direct. 16. If after an assessor has been appointed the action shall not be tried, the Judge shall have power to make an allowance to him in respect of any expense or trouble which he may have incurred by reason of his appoint- ment, and direct the payment to be made out of the sum deposited for his remunera- tion. 17. The assessors shall sit in Court with the Judge, and assist him when required with their opinion and special knowledge for the purpose of ascertaining the amount of com- pensation, if any, which the plaintiff is en- titled to recover. Judgment where several plaintiffs. 18. "Where two or more persons are joined as plaintiffs under Order III., Rule I. and the negligence, act, or omission which is the cause of action shall be proved, the judgment shall be for all the plaintiffs, but the amount of the sum so awarded for damages and the costs ordered to be paid to each such plaintiff shall be found and set forth in the judgment, and the amount of costs awarded in the action shall be ordered to be paid to such person and in such manner as the Court may think fit. 19. Should the defendant fail to pay the several amounts of compensation and the costs awarded in the action, execution against his goods may issue as in an ordinary action, and should the proceeds of the execution be insufficient, after deducting all costs, to pay the whole of the amounts awarded, a dividend shall be paid to each plaintiff, calculated upon the proportion of the amount which shall have been awarded to the respective plaintiffs to the total amount realised after the deduc- tion of all the costs of the action as afore- said. ORDER XLV. Inferior Courts Judgments Extension Act, 1882. 1. Where, under section 3 of the Infe- rior Courts Judgments Extension Act, 1882, application is made for the grant of a certi- ficate of a judgment, a fee of two shillings and sixpence shall be paid, and proof that the judgment has not been satisfied and of the amount remaining unsatisfied shall be given to the satisfaction of the Registrar by affidavit, if required. 2. If the judgment is for payment within a period therein mentioned or by instalments, Vol. 55.— Obdebs and Rules. and such period shall not have expired or default shall not have been made in payment of some instalment, the certificate shall not be granted. 3. The names, businesses, or occupations, and addresses of the parties to be set forth in the certificate shall be those set forth in the books of the Court. 4. The Registrar shall indorse on the corti- cate the number of the plaint and the amount remaining due on the judgment, according to the books of the Court, and, after his signa- ture, shall add to the certificate the date on which it is granted.* 5. Where a certificate of a judgment is granted by a Registrar he shall make on . the minute of the judgment a memorandum of having granted such certificate, and thence- forth no further proceeding shall be taken or had upon such judgment in the same Court, until the Judge, or Registrar, upon being satisfied that the execution issued in the Court in which the certificate was registered was unproductive, shall order that the judg- ment may be acted on as if such cortificate had not been granted. 6. There shall be allowed to a solicitor for the costs of obtaining the certificate five shillings, and where an affidavit is required, seven shillings. 7. The costs, if any, allowed, with the addition of the fee of two shillings and six- pence to be paid for the granting of the certifi- cate, shall be indorsed on the certificate by the officer granting the same ; which indorse- ment shall be an authority for the Registrar of the Court in which the certificate is regis- tered to add the said costs and fee to the amount to be recovered by execution against the goods and chattels of the person against whom the judgment shall have been obtained. 8. The person presenting a certificate for registration shall add to his note of presenta- tion, to be appended to the certificate, a de- scription of the place within the jurisdiction of the Court in which the goods and chattels of the person against whom the judgment has been obtained are, and shall also present a copy thereof, with the indorsement thereon, written on foolscap paper. Payment of a fee of two s hillin gs and sixpence shall be made at the time of presentation. 9. On the presentation of a certificate for registration, with a copy as aforesaid, the Registrar shall, if the place, within which the goods and chattels of the person against whom the judgment has been obtained are stated to be, is within the jurisdiction of the Court of which he is the Registrar, seal the certificate and register the same by pasting * Form 314. U 154 SUPREME COURT OF JUDICATURE. [Law J» it into the then current Minute Book of the Court, on or about the last page of such book, and shall seal and date the copy of the certi- ficate and return it to the person presenting the certificate. 10. There shall be allowed to a solicitor for the cost of registering a certificate the sam of five shillings, which, with the fee for registry and the cost, if any, allowed for granting the certificate as shewn by the in- dorsement thereon, shall be added, to the amount to be recovered. The warrant cf execution shall be according to the form in the Appendix.* 11. No money shall be paid out of Court unless on production of the sealed copy of the certificate. Provided that, in the event of such copy being lost or destroyed, another copy may be sealed and given to the proper person, upon proof by affidavit or otherwise to the satisfaction of the Registrar that the person applying is the proper person, and that he is entitled to the moneys recovered on the judgment, and upon payment of the fee of one shilling. ORDER XLVI. Maeeied Women's Property Act, 1882. 1. Where application is made under section 17 of the Married Women's Property Act, 1882, particulars of the question to be sub- mitted to the decision of the Court shall be filed, and thereupon a summons shall be issued according to the form in the Appen- dix.t and the same fee shall be taken as upon the entry of a plaint, and all subsequent proceedings shall be had as if the proceeding had been commenced by the entry of a plaint, and the proceeding shall be deemed to be a plaint. 2. The Judge shall direct upon what scale the costs of the proceeding shall be taxed. ORDER XLVII. Acknowledgments by Maeeied Women. 1. All alterations, interlineations, or era- sures in the certificate or affidavit respec- tively, required for the purposes of obtaining the acknowledgment of a married woman, must be initialed by the Registrar, who must also administer the oath to the solicitor mak- ing the affidavit. ORDER XLVIII. Chaeitable Trusts. 1. The Registrar of every Court shall keep a book, to be called " The Charitable Trusts Book," in which all proceedings taken in that * Form 315. t Form 316. Court in matters of Charitable Trusts shall be recorded according to the form in the Appendix.* 2. Where any person has obtained the re- quired order or certificate from the Charity Commissioners, and is desirous of taking proceedings in the Court, he shall produce such order or certificate to the Registrar, who shall retain and file the same in numerical order in his office, and the party producing such order or certificate shall be deemed the plaintiff in such proceedings ; and the person served with a summons under Rule 4 of this Order shall be deemed the defendant. 3. When the Attorney-General shall pro- pose to take proceedings in the Court, he shall cause to be delivered or transmitted to the Registrar a written statement shewing the nature and object of the proposed proceed- ings, and the Registrar shall retain and file such statement in numerical order in his office, and the Attorney-General shall in such proceedings be deemed the plaintiff, and the person served with a summons under Rule 4 of this Order shall be deemed the defendant. 4. Upon the production of any order, certificate, or statement in this Order before mentioned, the Registrar shall at the instance of the plaintiff prepare a summons thereon according to the form in the Appendix,t in which shall be stated the substance of the order, certificate, or statement, and he shall make as many copies thereof as there are parties required by the plaintiff, in writing, to be summoned, and two additional copies, the one to be filed in the Registrar's office, and the other to be transmitted to the Charity Commissioners. 5. The Registrar, if required by the plain- tiff, shall prepare a notice to attend proceed- ings according to the form in the Appendix J to be served on any persons indicated by the plaintiff, in writing, besides those summoned under the last preceding order, and the Registrar shall make as many copies thereof as there are persons to whom such notice is to be given, and two additional copies, one to be filed in his office, and the other to be transmitted to the Charity Commissioners. 6. The Registrar shall forthwith transmit by post prepaid a copy of the summons to each of the parties required to appear, and a copy of the notice to attend proceedings to each of the persons indicated by the plaintiff, and such transmission shall be sufficient service, unless the Judge shall in any case otherwise direct. 7. Where the plaintiff does not require any summons or notice to attend proceedings to be issued, the Registrar shall prepare a notice * Form 341. f F ° rm 338. $ Form 339. Vol. 55.] ORDEES AND RULES. 155 of hearing, according to the form in the Ap- pendix,* and two additional copies thereof, one to be filed in his office, and the other to be transmitted to the Charity Commissioners, and shall either deliver such notice to the plaintiff, or cause it to be served on him by prepaid post letter, unless the Judge shall in any case otherwise direct. 8. In all cases it shall be competent for the Registrar, if required by the plaintiff, to summon some persons, and to serve others with either or both of the said notices ; or to serve a notice of hearing on the plaintiff, and a notice to attend proceedings on any other person. 9. In all cases, it shall be competent for the Judge to direct in any case what persons, or additional persons, shall be served with a summons or notice to attend proceedings or notice of hearing. 10. Upon the requisition of the Charity Commissioners, the Judge shall transmit to them at their office by post or otherwise, a copy of his note of the evidence taken at the hearing, or such part thereof as may be re- quired by the Commissioners, sealed with the seal of the Court. 11. Upon the requisition of the Attorney- General in proceedings instituted by him, the Judge shall transmit to him by post or other- wise, a copy of his note of the evidence taken at the hearing, or such part thereof as may be required by the Attorney-General. 12. A copy of the summons, notice to attend proceedings, or notice to appear, to- gether with a copy of the Order made by the Court, shall in all cases be transmitted by the Registrar forthwith after the hearing, by post or otherwise, as the Judge shall direct, to the office of the Commissioners. 13. "Where the annual income of the Charity exceeds 101., the Court fees shall be payable as in cases within the ordinary jurisdiction of the Court, without prejudice to the privi- lege of the Attorney-General as to costs, and the Charitable Funds may be made liable to the payment thereof, at the discretion of the Judge. _ 14. Where the annual income of the Charity does not exceed the sum of 101., no Court fees shall be payable out of the funds of the Charity ; nor shall any Court fees be paid by any party to the proceeding, unless the Judge shall, in his discretion, order any of the parties to the proceeding before him to pay such fees as he shall think fit, without prejudice to the privilege of the Attorney-General as to costs. 15. Where more than one Charity is joined in one application, one set of Court fees only shall be payable, such fees to be calculated * Form 340. on the aggregate amount of the incomes of the Charities so joining. 16. Where Court fees are payable, they shall be calculated according to the scale of fees applicable to proceedings for the recovery of tenements under section 50 of the County Courts Act, 1856, the annual income of the Charity, in like manner as the annual rent of the tenement, being treated as the basis of calculation. 17. At the hearing, any person who has been summoned, or has received notice to attend proceedings, or who is authorised to apply under section 43 of the Charitable Trusts Act, 1853, may appear, and shall be heard in opposition to the application autho- rised by the order or certificate of the Com- missioners, or the statement of the Attorney- General, subject to the payment of such costs as the Judge shall direct. 18. The order or certificate of the Commis- sioners, or statement of the Attorney- General as to the amount of the annual income, shall be conclusive, and the other statements con- tained in the certificate or order of the Com- missioners, or the statement of the Attorney- General shall, unless disputed, be taken as true. 19. The enactments, orders as to fees, practice, and forms in force and used in the County Courts, shall, subject to the Rules of this Order, be adopted with reference to pro- ceedings in matters of charitable trusts, so far as the same are applicable, mutatis mutandis. 20. The accounts of Trustees of Charities, when delivered to the Registrar, shall be filed by him in numerical order, and annually indexed alphabetically according to the titles of such Charities, or the names or description by which they are known, or may be iden- tified. ORDER XLIX. Probate or Letters of Administration. 1. Any person desirous of taking proceed- ings under the Court of Probate Act, 1857, for amending the law relating to probates and letters of administration in England, as amended by the Court of Probate Aot, 1858, or by any other Act, shall lodge "with the Registrar an application in writing according to the Form in the Appendix,* duly stamped with the proper duty thereon, and at the same time lodge with the Registrar an office copy of the minute of the High Court autho- rising such application. 2. Where any person shall have lodged a caveat against the grant of probate or letters of administration, and proceedings are pro- * Form 347. 156 SUPBEME COUET OF JUDICATUEE. [Law J. posed to be taken, the person who shall have applied for the probate or letters of adminis- tration shall be deemed the plaintiff in the proceedings, and the person who shall have lodged the caveat shall be deemed the defen- dant. 3. The party making application for the revocation of probate or letters of adminis- tration shall be deemed the plaintiff in the proceedings, and the party against whom the application is made shall be deemed the defendant. 4. "Where an application shall be made for the grant or revocation of probate or letters of administration, the .Registrar shall issue a notice to the defendant according to the form in the Appendix,* and deliver a notice, ac- cording to such form, then and there to the plaintiff or his agent. 5. The above-mentioned notice shall be issued ten clear days before the day on which the Judge shall proceed to make an order in the matter. 6. Notices shall be served by a bailiff by his delivering the same to some person at the respective places of residence of the parties, as mentioned in the application for proceedings to be taken. 7. The Begistrar, at the time that he issues the notices in proceedings for the revocation of the grant of probate or letters of adminis- tration, shall give notice by post, according to the form in the Appendix, t to the district probate Begistrar by whom the probate or letters of administration has or have been granted, to produce the original will or other necessary documents, at the Court at which the matter of the application will be con- sidered. 8. The certificate to be given by the Be- gistrar under section 55 of the Court of Pro- gate Act, 1857, shall be according to the form in the Appendix ; % and on or before the day mentioned in- the notice, the plaintiff shall deliver to the Begistrar such form, stamped with the proper duty thereon, and the action or matter shall not proceed until such form duly stamped is so delivered. Provided that the defendant may procure and deliver such form duly stamped if the plaintiff shall have neglected to deliver such form so stamped. 9. Upon the day mentioned in the notice the Judge, whether both parties are then before him or not, may proceed to consider the matter of the application, and to make an order thereon, or he may adjourn the pro- ceedings, from time to time, as he may think fit. 10. The order shall be according to the form in the Appendix,§ and a copy of such * Form 348. " t Form 349 - % Form 350 § Form 351. order shall be sent by post to the plaintiff and defendant. 11. "Where application for probate or letters of administration has been made at the prin- cipal registry of the Probate, Divorce, and Admiralty Division of the High Court, and any contentious matter shall arise out of such application, and a Judge thereof shall send the action or matter to Court, the Be- gistrar, upon the receipt thereof, shall forth- with issue a notice, according to the form in the Appendix,* both to the plaintiff and de- fendant, without any application being made by the plaintiff. 12. In proceeedings under this Order for which no Bules are hereby provided, the Bules and practice of the High Court shall be followed so far as they are applicable. OBDEE L. Costs. 1. In every action or matter in any Court all costs shall be taxed by the Begistrar of such Court according to the scales of costs in the Appendix, subject to the review of such taxation by the Judge thereof. 2. "Where practicable the costs of an action or matter shall be taxed on the day on which the action or matter is tried or heard, and where the costs have not been so taxed one day's notice of taxing, together with a copy of the bill of costs if the Begistrar shall so direct, shall be given by the solicitor of the party whose costs are to be taxed to the other party or his solicitor. 3. Notice of taxation may be sent by post prepaid, provided that it is posted in time to reach the party to whom it is addressed in due course of post before noon of the day preceding the day fixed for taxation. 4. Any party who may be dissatisfied with the allowance or disallowance by the Begis- trar on taxation, in any bill of costs taxed by him, of the whole or any part of any items, may, at any time before the certificate or allocatur is signed, deliver to the other party interested therein, and carry in before the Begistrar on taxation, an objection in writing to such allowance or disallowance, specifying therein by a list, in a short and concise form, the items, or parts thereof objected to, and the grounds and reasons for such objection, and may thereupon apply to the Kegistrar to review the taxation in re- spect of the same. 5. Upon such application the Begistrar shall reoonsider and review his taxation upon such objection, and he may, if he shall think fit, receive further evidence in respect thereof, * Form 348. Vol. 55.] OEDEES AND EULES. 157 and, if so required by either party, he shall state either in his certificate of taxation or allocatur, or by reference to such objeotion, the grounds and reasons of his decision thereon, and any special facts or circum- stances relating thereto. 6. Where two or more defendants are joined and judgment is given separately against each with costs, unless the Judge shall otherwise order the costs shall be ap- portioned according to the respective amounts of each judgment. 7. In taxing the costs incurred in the High Court previous to the transmission of the action to the Court under sections 7 or 10 of the County Courts Act, 1867, the Registrar shall tax the same according to the scale of costs and fees in use in the High Court, except where the action is transmitted under the first of such sections, and the plaintiff recovers a sum (exclusive of costs) not exceed- ing 50?. 8. Where a Judge certifies under section 5 of the County Courts (Costs and Salaries) Act, 1882, a minute of the certificate having been given and the grounds upon which the same has been granted, shall be entered on the minutes of the Court. 9. Costs of warrants, whether executed or unexecuted or unproductive, shall be allowed against the defendant, unless the Judge shall otherwise direct. 10.* No possession fee shall be payable where an execution is paid out at the time of the levy; but if the bailiff shall necessarily remain in possession more than half an hour, and the execution shall be paid out on the day of levy, the possession fee for that day shall be charged. 11. No appraisement is to be made until the fifth day of the bailiff's holding possession of the goods under an execution, unless the goods are of a perishable nature, or are sold at the request of the party before the expira- tion of four days, or are removed. 12. No costs shall be allowed to a solicitor for attending at the hearing of a judgment summons, unless the party for whom he appears resides out of the district of the Court at which the summons is heard, and the Judge shall think fit to allow the same. 13. Where on the hearing of a judgment summons the Judge in lieu of making an order of commitment shall make a fresh order for payment by instalments, no costs for fees or witnesses shall be allowed to a judgment creditor, unless the Judge shall be satisfied that the debtor has made default and has had since the date of the original judgment the means to pay the sum in respect of which * 9 & 10 Vict. c. 95. s. 106. he has made default, and a minute thereof is entered in Book H. 14. Costs in actions under the County Courts Act, 1856, section 23, shall be taxed according to the higher scale of costs, Column B., in the Appendix unless the Judge shall otherwise order. 15. In Admiralty actions where the amount recovered does not exceed 201., the costs shall be allowed according to the higher scale in the Appendix applicable to actions where the amount claimed exceeds 202., unless the Judge shall otherwise order ; and the costs of any proceeding special to Admiralty actions may be allowed on the principle of the scale of costs applicable to such actions. 16. The costs of witnesses, whether they have been examined or not, may, unless otherwise ordered by the Judge, be allowed, though they have not been summoned, and except in cases referred to in Rule 18 of this Order, their allowance for attendance shall not exceed the highest rate of the allowances mentioned in the scale in the Appendix. 17. Seamen necessarily detained on shore for the purpose of the action shall be allowed such remuneration as the Judge may think reasonable compensation for their loss of time. 18. In any action in which a party is entitled of right or by order of the Judge to tax his costs on the higher scale in the Appendix applicable to actions in which a sum exceeding 201. or 1001. (as the case may be) is recovered, the Judge may order that any scientific witnesses may be allowed for qualifying to give evidence and for attending such trial such sums as the Registrar on taxation may think fit not exceeding the maximum allowances mentioned in the scale in the Appendix, and in like cases the Judge may order that the expense of preparing and proving plans, drawings, models, &c, be allowed in accordance with such scale. 19. Costs in actions for the recovery of tenements and in actions of replevin may, where the Court fees are paid on 51. or upwards, be allowed to solicitors upon the higher scale in the Appendix applicable to actions where the amount claimed exceeds _20l., if the Judge shall so order. 20. In actions where the claim exceeds 201. and the plaintiff recovers a sum not exceeding 201., he shall, if the Judge shall so order, be entitled to recover costs according to the higher scale in the Appendix applic- able to actions where the claim exceeds 20Z. and does not exceed 1001., and the defendant, if successful, shall be entitled to recover costs, according to the scale applicable to the amount claimed, unless the Judge shall otherwise order. 21. Where the plaintiff recovers less than 158 SUPREME COURT OF JUDICATURE. [Law J. the amount of his claim, so as to reduce the scale of Court fees, he shall pay the differ- ence, unless the reduction shall be caused by a set-off. 22. "Where a counter-claimant fails to establish his counter-claim, he may be or- dered to pay to the plaintiff costs on any such scale in the Appendix as the Judge may think just, and where he succeeds in establishing his counter-claim, the plaintiff may be ordered to pay to him costs on such scale as the Judge may think just. 23. No counsel's fee is to be allowed upon the hearing of any motion or application, nor upon any reference, unless by order of the Judge. 24. A fee to counsel on conference is not to be allowed, unless by order of the Judge. 25. The fee for perusals shall not be al- lowed where the same solicitor is acting for both parties. 26. A folio shall comprise 72 words, every figure comprised in a column or authorised to be used counting as one word. 27. "Where in the course of an action or matter a party suing or sued in a fiduciary or representative character necessarily incurs costs not allowable upon taxation under any scale, the Registrar shall apply to the Judge, who may, by an order to be filed with the proceedings, allow such a sum as he may think fit for such costs to be paid out of any funds in Court applicable to the purpose. 28. As to the inspection of documents, no allowance is to be made for any notice or inspection, unless it is shewn to the satisfac- tion of the Registrar on taxation that there were good and sufficient reasons for giving such notice and making such inspection. 29. When any real property is directed to be sold, the ordinary conveyancing charges shall be allowed. 30. Instructions for special affidavits shall not be allowed unless in the opinion of the Registrar on taxation the facts on which such affidavits are grounded had not become known to the solicitor or his clerks in the course of the business. 81. More than one attendance at the office of the Registrar in an action or matter shall not be allowed, unless the Registrar on taxa- tion is satisfied that each separate attendance was necessary. 32. No costs which are to be paid or borne by another party shall be allowed which do not appear to the Registrar on taxation to have been necessary or proper for the attain- ment of justice or defending the rights of the party incurring the same, _ or which appear to the Registrar on taxation to have been incurred through over-caution, negligence, or mistake, or merely at the desire of such party. 83. All fees or allowances which are dis- cretionary shall, unless otherwise provided, be allowed at the discretion of the Registrar on taxation, who, in the exercise of such discretion, shall take into consideration the other fees and allowances to the solicitor and counsel, if any, in respect of the work to which any such allowance applies, the nature and importance of the action or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the general conduct and costs of the proceedings, and all other circumstances. ORDER LI. General Provisions. f 1. "Where by these Rules any act may be done by any party, such act may be done either in person or ,by his solicitor or agent, if it can be legally done by an agent. 2. "Where a party acts by solicitor, service of any proceeding or document upon such solicitor, or delivery of the same at his office, or sending the same to him by post prepaid, shall be deemed to be good service upon the party for whom such solicitor acts, as upon the day when the same is so served or deliv- ered, or upon which in the ordinary course of post it would be delivered, except in cases where by these orders personal service upon a party is required. 3. A solicitor acting for a party in any action or matter may give notice in writing by post or otherwise to the Registrar and to the other party, or his solicitor, that he is so acting, whereupon service of any document, notice, or proceeding whatsoever authorised by these Rules to be served by or upon a solicitor so acting shall be served by or upon such solicitor accordingly, and he shall be deemed to be the solicitor acting for the party on whose behalf he has given such notice, until notice of change of solicitor has been duly given. No notice need be given under this Rule by a solicitor acting for the plaintiff where "the plaint has been entered by such solicitor and the particulars duly signed by him. 4. Where a solioitor undertakes the service of any prooess, he shall make the necessary copies of each process, and the Registrar shall seal the same and return them to the solicitor for service. 5. Any party who acts by solicitor shall be at liberty to change his solicitor without any order for that ^purpose, but when any such change is made he shall give notice in writing to the Registrar and to the solioitor, if any, acting for any other party to the action or proceedings of such change,* and of the name * Form 287. Vol. 55.] ORDERS AND RULES. 169 or firm and place of business of the new solicitor, and the Registrar shall file the notioe given to him ; but until such notice is filed and a copy thereof served the former solioitor shall be continued as the solicitor of the party. 6. Where by reason of the absence of any party, or from any other sufficient cause, the service of any summons (other than a default summons), notice, proceeding, or document cannot be made, the Judge or Registrar may, upon an affidavit shewing grounds, make such order for substituted service, or for the substitution for service of notice by advertise- ment or otherwise, as may be just. 7. No solicitor shall be allowed to appear for any person in a Court until he has signed a roll or book to be kept for that purpose by the Registrar, but no fee shall be payable for that purpose, and he shall, once in every year, if required by the Registrar, produce his certi- ficate for the year to the Registrar, who shall note the fact on the roll. 8. It shall not be necessary for either party to give notice to the other, or to the Court, of his intention to employ a barrister or solicitor to act as his advocate at the trial, and the allowance of costs for such barrister or solicitor shall not be affected by such want of notice. 9. The Judge or Registrar shall order in what newspaper any advertisements which may from time to time be ordered in any action or matter shall be inserted ; and the expense of such advertisements shall be paid to the Registrar by the party requiring the same before they are inserted. 10. All advertisements to be inserted in the London Gazette except as to proceedings under Order XLIL, shall be transmitted by the Registrar for insertion to the Registrar of County Courts judgments in London. 11. The Judge, or in his absence the Regis- trar, may order which party shall have the conduct of proceedings in any action or matter. 12. Parties may by consent enlarge or a- bridge any of the times fixed by these Rules or by statute for taking any step or filing any document, or giving any notice, in any action or matter. Where such consent cannot be obtained, either party may apply to the Judge or Registrar, on notice to the non-consenting party-, for an order to effect the object sought to have been obtained with the consent of the other party, and such order may be made although the application for the order is not made until after the expiration of the time allowed or appointed. 13. Where an estate has been ordered to be administered, creditors shall be entitled to interest in respect of debts, as to such of * Forms 29, 30, 31, them as carry interest after the rate they respectively carry, and as to all others after the rate of 41. per cent, per annum, from the date of the order, and shall also be entitled to the costs of successfully proving such debts. 14. Interest on legacies shall be computed after the rate of 41. per cent, per annum, from the end of one year from the date of the testator's death, unless a different rate or time of payment is directed by the will, or the Judge shall otherwise order where not so directed. 15. Where particulars or documents are directed to be filed, they shall be filed with the Registrar, together with as many copies thereof as there are parties to be served, and the names, addresses, and descriptions of such parties, and if required an additional copy for the use of the Judge. 16. Before any summons, notice, or other document, or any copy thereof, is issued by the Registrar, the same shall be sealed with the seal of the Court. 17. Where by these Rules any party is required to give notice according to a form mentioned in the Appendix, it shall be suffi- cient if the notice given complies substan- tially with such form. 18. In all cases where anything is required by these Rules to be done within a period of twenty-four hours, or within a period of forty- eight hours, no part of any day appointed by royal proclamation for a public fast, humilia- tion, or thanksgiving, or of any day on which the offices of the Court need not be open under these Rules or under any order of the Lord Chancellor, shall be included in the computation of such period. 19. Where the time for doing any act or taking any proceeding expires on a Sunday, or other- day on which the offices of the Court are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. 20. No summons, warrant, or other pro- cess (except a warrant of arrest in an Ad- miralty action) shall be served or executed on Sunday, Christmas Day, Good Friday, or on any day appointed by royal proclamation for a public fast, humiliation, or thanks- giving, nor need any summons, warrant, or other process be served or granted on any day on which the offices of the Courts need not be open under these Rules or under any order of the Lord Chancellor ; but such days shall be counted in the computation of the time required by these Rules in respect of service. 160 SUPREME COUET OF JUDICATURE. [Law J. 21. All letters, notices, documents, or pro- cess sent by post by or to the officers of the Courts, or by or to parties in any action or matter shall be prepaid, and shall not be sent by book post. 22. All notices which may be sent by post to the office of a Begistrar shall be taken to have been duly delivered on the day on which they should have been delivered if delivered at the office of the Registrar before the opening thereof on the following day. 23. Where a defendant, sued under the provisions of the County Courts Act, 1865, or of section 9 of the County Courts Act, 1867, shall be out of England or Wales, the Judge, or in his absence the Registrar, may, upon an affidavit of the fact, direct the service of the summons to be effected within such time and in such manner as the Judge or Registrar may think fit.* 24. All proceedings and documents shall be in forms similar to the forms in the Ap- pendix, where the same are applicable ; and in cases where no forms are provided, parties shall frame the proceedings or documents, using as guides those contained in the Ap- pendix. 25. Where by any Act not before mentioned in these Rules, proceedings are directed to be taken in a County Court, such proceeding shall be commenced by action wherever there is a person against whom it can be brought, and if there is no such person, then the pro- ceeding shall be commenced by petition. 26. The general practice of the Court pre- scribed by these Rules shall apply to all pro- ceedings whatsoever authorised by any Act to be commenced or taken in any County Court, except and so far as such practice may be inconsistent with the provisions of any such Act. 27. No practice shall prevail in any Court except as provided- by these Rules, nor shall any matter be added to or taken from any form in the Appendix, whereby any obliga- tion shall be imposed upon any suitor or any officer of the Court to which he is not liable under statute or these Rules. ORDER LII. Interpretation of Terms. In the construction of these Rules, words importing the singular number shall include the plural, and words importing the plural number shall include the singular number, and words importing the masculine gender shall include females, and, unless there is anything in the subject or context repugnant thereto, the several words hereinafter men- tioned or referred to shall have or include the meanings following : — * Forms 30, 31. "Action" means every proceeding com- menced by plaint in a County Court ; " Affidavit " includes statutory declara- tion, affirmation, and attestation upon honour, and " sworn " includes declared and affirmed according to statute and attested upon honour ; " Clear days " means that in all cases in which any particular number of days is prescribed for the doing of any act, or for any other purpose, the same is to be reckoned exclusive both of the first and of the last day ; " Court " means the County Court having jurisdiction in the action or matter ; " Default summons " means a summons other than a judgment summons, which is required by statute to be served per- sonally ; " Foreign Court " means the Court of a district into which process is issued from another Court ; "Home Court" means the Court from which process is originally issued ; " Home District " means the district of the home Court; and "Foreign District" means the district of the foreign Court ; " Judge " means the Judge or deputy Judge of any County Court ; "Judgment" means the final decision of the Court in any action ; " Matter " means every proceeding com- menced otherwise than by plaint ; " Month " means calendar month ; " Order " means the final decision of the Court in any matter, and also any deci- sion of the Court other than final in any action or matter, and also the decision of the Judge or Registrar in any inter- locutory application ; " Ordinary summons " means a summons which is not required by statute to be served personally ; "Party" means party to an action or matter ; or a person served with notice of or in any action or matter, and in- cludes a body politic or corporate ; " Registrar " means Registrar or deputy Registrar of any County Court ; " Return-day " means the day appointed in any summons or proceeding for the appearance of the defendant, or any other day fixed for the trial of any action or matter ; " Treasurer," where there is no treasurer of the Court, means the superintendent, for the time being, of the County Court department of the Treasury ; " Trial" means the hearing of any action or matter in Court ; " Vessel " includes every description of vessel used in navigation not propelled by oars only. Vol. 55.] ORDERS AND RULES. 161 "We, Rupert Kettle, Alfred Martineau, Henry J. Stonor, and A. Shelly Eddis, being Judges of County Courts, appointed to frame Rules and Orders for regulating the practice of the Courts and Forms of Proceedings therein under the 32nd section of " The County Courts Act, 1856," have, by virtue of the powers vested in us thereby and of all other .powers enabling us in this behalf, framed the foregoing Rules and Orders, and we do hereby certify the same to the Lord Chancellor accordingly. (Signed) Rupert Kettle. A. Martineau. Henry J. Stonor. A. S. Eddis. Approved, (Signed) Halsbury, C. Coleridge, C.J. Esher, M.R. James Hannen, Pres. P. D. A. Nath. Lindley, L.J. Edw. Fry, L.J. C. E. Pollock, B. H. Manisty, J. 7th December, 1885. I allow these Rules, which shall come into force on the twenty-eighth day of April, 1886. Halsbury, C. 17th December, 1885.' APPENDIX. Page 1. General form of heading and conclu sion of all notices and admissions . 2. General form of heading and conclu- sion of judgments, orders, and war- rants 3. General form tit heading and conclu ' sioti of affidavits .... 4. Mem. to be made on any order or other document signed by one Judge act- ing for another .... 5. Mem. to be placed at foot of every summons, notice, judgment, order, warrant; or any other process of the Court 6. Memorandum to be put on all plaint notes 7. Plaint-note (ordinary summons) . 8. Plaint-note (default summons) under section 1 of the County Courts Act, 1876 9. -Plaint-note (default summons). Bills • of Exchange Act, 1885 10. Letter to be sent with summons out of district .... 11.- Ordinary summons ...... 12. Notice of non-service of an ordinary summons . . . . . 13. Notice of doubtful service of an or- dinary summons .... 14. Affidavit of debt. County Courts Act, - 18T5, s. 1 . . • . . . .172 16. 'Application for, and order granting, a summons to be served out of the district 172 16. Default summons under section 1 of the County Courts Act, 1876 . . 1 73 Vol. 55.— Orders and Rules. 169 169 169 169 169 169 170 170 170 171 171 172 172 17 18 19 20. 21. 22. 23, 24. 25. 26. 27. 29. 30. 31. 32. 33. 34. 35. 36. 37- Default summons under " The Bills of Exchange Act, 1855 " Indorsement on copy default summons after service Letter to' be sent with default monses out of the district Notice by plaintiff of consent to accept instalments Affidavit of service of a default sum- mons. ' 175 Notice of service of default summons . 176 Notice of non-service of a default summons . ' . ' . Notice of day of trial where notice of defence given. Notice to defendant of day of trial ' . Notice of leave given to defend . , Notice to the defendant of the day on which action is to be tried upon leave being given to defend . Bond under the Summary Procedure on'Billsof Exchange Act, 1865 Affidavit in support of application for substituted service .... Order for' substituted service ... Substituted service. — Notice in papers 177 Order for leave to proceed as if service had been effected of default summons 177 Judgment for defendant, or of nonsuit 177 Judgment for plaintiff .... 177 Judgment where a counter-claim has been made . ' . ' . Judgment against defendant for pay- ment of costs . Order for costs to defendant where plaintiff does not appear . X 174 174 174 . 175 175 175 175 175 176 176 176 176 177 . 178 178 162 SUPREME COURT OF JUDICATURE. [Law J. Page 38. Notice to plaintiff of payment of in- stalment 39. Admission of claim or part of claim under section 8 of the County Courts Act, 1850 40. Affidavit of signature to admission, section 8 of the County Courts Act, 1850. 41. Notice to plaintiff of admission of claim under section 8 of 13 & 14 Vict. c. 61 . . 42. Notice to plaintiff of admission of part of claim under section 8 of the 13 & 14 Vict. c. 61 . 43. Admission under section 9 of 13 & 14 Vict. c. 61 ... 44. Affidavit of signature under section 9 of 13 & 14 Vict. c. 61 45. Defendant's admission 46. Affidavit of signature to defendant's admission 179 47. Notice of discontinuance of action 179 48. Notice by Registrar rejecting affidavit 179 .49. Certified copy of judgment or order . 50. Judgment summons on a judgment or order of a County Court . 61. Affidavit where judgment-summons is sought on a judgment or order of a ,Court not a County Court 52. Affidavit to obtain leave to issue judg ment-summons .... 53. Judgment-summons on judgment or order of a Court other than a County Court 54. Order upon a judgment-summons alter- ing original judgment or order . 55. Order of commitment .... 56. Indorsement on an order of commit- ment issued in foreign Court . 57. Order of commitment on a judgment or order of a Court other than a County Court 68. Affidavit under Order XXV., Rule 30 . 69. Certificate under Order XXV., Rule 32 184 60. Certificate by Registrar for discharge of judgment debtor .... 184 61. Certificate of payment by a prisoner . 185 62. Request by creditor for discharge of prisoner 185 63. Warrant for discharge of prisoner at request of creditor . 64. Undertaking by next friend of infant to be responsible for defendants' costs 65. Order appointing guardian named by infant defendant 66. Order appointing guardian of infant defendant where defendant does not name a guardian . . 67. Bond for costs where plaintiff out of England 68. Undertaking by solicitor to be re sponsible for costs . 69. Agreement not to appeal . 178 178 178 178 179 179 179 179 180 180 181 181 181 185 186 185 186 186 186 186 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 181 89. 182 90. 91. 183 92. 93. 94. 183 95. 184 96. 97. 98. 99. 100. 101, 102. 103. 104. 105. 106, Pago Agreement to give jurisdiction to a County Court 186 Request for sale under Partition Act, 1868 187 Particulars of plaintiff's demand or cause of action in actions of contract ordered to be tried in a County Court 187 Notice of trial of action of contract ordered to be tried in a County Court 187 Certificate of the result of the hearing of an action sent after issue joined for trial to a County Court . .187 Statement of plaintiff's cause of action in actions of tort remitted for trial in a County Court .... 187 Notice of trial of action of tort re- mitted for trial in a County Court . 188 Particulars to be delivered by claimant when interpleader transferred from the High Court 189 Notice of application for directions . 189 Order for directions .... 189 Notice of day of trial under Order XV. 189 Order for affidavit as to documents . 189 Affidavit as to documents . . . 189 Order for delivery of interrogatories . 190 Interrogatories 190 Answer to interrogatories . . . 190 Order for an oral examination for in- sufficient answer Jo interrogatories . 190 Order to produce documents for inspec- tion 190 Notice to produce documents for in- spection 190 Notice to inspect documents . .191 Notice to admit and inspect . . 191 Notice to produce (general form) . 191 Notice to admit facts . ■ . .191 Admission of facts, pursuant to notice . 192 Notice of set-off or counter-claim . 192 Notice of special defence . . . 192 Notice to be given by defendant under 6 &7 Vict. c. 96. s. 1. in an action for libel or slander remitted for trial in a County Court . Notice to be given by defendant under 6 & 7 Vict. c. 96. s. 2, in an action for libel remitted for trial in a County Court Defendant's statements Notice of objection to jurisdiction Bond where notice of objection to jurisdiction given .... Notice of objection to jurisdiction to try counter-claim . . Notice of payment into Court of whole claim .... Notice of payment of part of claim into Court Acceptance of sum paid into Court . Notice by defendant to third party . Notice to defendant of non-sufficiency of affidavit under Order XII., Rule 9 196 193 193 19a 194 194 195 195 195 195 19S Vol. 55.] OEDEES AND EULES. 163 Page 107. Notice to plaintiff to deposit sum in Court under Order XII., Eule 9 108. Notice to defendant of deposit Under Order XII., Rule 9, having been made, or not having been made 109. Notice to parties whose names are added as defendants 110. Notice by plaintiff to individual mem- bers of a firm that judgment may be given against them ... 111. Notice to plaintiff that defendant de> fends on behalf of others 112. Notice to Registrar of change in plain tiff's title before judgment 113. Notice to defendant of change in plaintiff's title before judgment _ 114. Order to continue proceedings against a new party 115. Order for issue of execution after death or change of interest or lia^ bility after judgment . . 116. Order for consolidation 117. Undertaking by defendant applying for stay of proceedings * . 118. Order to stay proceedings . , 119. Certificate of deposit .... 120. Notice of proposed sureties . 121. Affidavit of justification .. 122. Notice by Registrar of day and hour upon which bond to be executed 123. Order for changing venue . 124. Notice by Court, to which an action has been sent, of the day of trial 126. Consent that Court shall decide in an action where title has inciden- tally come in question 126. Notice to be sent to both parties of trial where action sent down by High Court of Justice 127. List of gentlemen who have consented to act as assessors in this' Court under section 5 of the County Courts Act, 1875 . . . ' . . .199 128. Application for assessors . , . 199 129. Summons to assessors . . . 200 130. Notice to opposite party of names of assessors suggested by party apply- ing that the action should be tried with their assistance 131. Notice of sitting to hear objections raised by one party to the assessors named by the other 132. Order upon hearing objection to pro- posed assessors 133. Notice of refusal to summon assessors 201 134. Summons where a defendant sued by an assignee has had notice that the assignment is disputed by the as- signor 135. Summons where a defendant sued by an assignee has had notice that the assignment is disputed by the as- signor, and has paid debt and costs into Court ..... 196 196 196 196 196 ,196 197 197 197 197 198 198 198 198 198 199 199 199 199 199 Page . 201 , 201 203 203 203 204 204 136. Order where assignment is invalid 137. Order where assignment is valid 138. Order where assignment is invalid and defendant files a counter-claim against plaintiff .... 202 139. Registrar's notice of jury . . . 202 140. Summons to jurors .... 202 141. Order fining a juror for non-attendance 202 142. Warrant of execution against the goods of a juror for a fine .... 202 143. Order to adjourn proceedings . . 203 144. Notice of postponement of trial . . 203 145. Summons to witness to give evidence 203 146. Summons to witness to produce docu- ments 147. Affidavit of service of summons on a witness . 148. Order fining a witness for non-at tendance 119. Warrant of execution against the goods of a witness for a fine . 150. Affidavit to obtain a warrant to bring up a prisoner . . 151. Warrant to bring up a prisoner to give evidence 205 152. Order for examination of witnesses be- fore trial . . . . ... 205 153. Notice of desire to examine defendant as to certain debts due to him . . 205 154. Order when garnishee present . . 205 155. Affidavit for leave to summon gar- nishee ...... 205 156. Summons upon a garnishee . . 206 157. Judgment against garnishee . . 206 158. Execution against garnishee . . 206 159. Order to suspend order or judgment . 207 160. Order for costs of the day where rule for a certiorari or prohibition has not been served 161. Order for costs of the day where a writ of certiorari or prohibition has not been lodged .... 162. Order for a new trial .... 163. Notice to be sent with all warrants of execution against the goods 164. Warrant of execution against the goods of defendant .... 165. Warrant of execution against the goods of plaintiff ..... 166. Receipt for money levied . 167. Order under the Friendly Societies and other Acts . . . 168. Order for warrant of execution to issue under the Friendly Societies and other Acts 169. Warrant of execution against the goods under the Friendly Societies and other Acts . Notice of levy and detention of pro ceeds for 14 days .... Notice of receiving order . High bailiff's warrant to Registrar of foreign Court . . . . . 210 201 173. Notice of non-execution of warrant .210 200 200 200 201 170. 171. 172. . 207 207 207 . 207 208 208 209 209 . 209 210 210 164 SUPREME COURT OF JUDICATURE. [Law J. 211 211 211 174. Return and certificate from foreign Court 175. Notice to high bailiff of foreign Court of complaint against him 176. Notice to high bailiff of foreign Court of' order against him for neg> loot . 177. Summons under section 114 of 9 & 10 Vict. c. 95, for assaulting a bailiff of the Court whilst in the execution of his duty 178. Notice of claim to goods taken in execution 179. Notice by plaintiff of admission of title of claimant 180. Particulars of claim under interpleader summons .... 181. Particulars of claim for rent under interpleader summons 182. Interpleader summons to execution creditor .... 183. Interpleader summons to a claimant setting up a claim to the goods or the proceeds thereof 184. Interpleader summons to a claimant setting up a claim to rent in respect of the premises upon which the execution was levied 185. Interpleader summons to an execu- tion creditor, and to the high bailiff where claimant claims damages as well as the goods seized . 186. Interpleader summons to a claimant setting up a claim to damages, as well to the gocds or the proceeds thereof 187. Order on an interpleader summons where the claim is not established . 188. Order on an interpleader summons where the claim is established . 214 189. Order on an interpleader summons where both goods and damages are claimed', and'the claim to neither is established . 190. Order on an interpleader summons where both goods and damages are claimed, and the claim to both is established . 191. Order on an interpleader summons where both goods ' and damages are claimed and the claim to the goods is, but that to damages is not, es- tablished 215 192. Order on an interpleader summons where both goods and damages are claimed and the claim to the goods is not, but the claim to damages is, established 193. Claim of an execution creditor for damages from a high bailiff 194. Order on an interpleader summons by execution creditor against a high bailiff where the claim to damages is established 195. Order on an interpleader summons Pago by an execution creditor against a high bailiff where the claim to damages is not established . . 216 211 19ff. Order on interpleader summons where both goods and damages are claimed and money is paid into Court in respect of the latter, and. the claim to the goods is established and the money paid into Court is found to be sufficient to satisfy the 212 . 212 212 213 213 213 213 . 214 215 215 216 216 197. Order on an interpleader summons where both goods and damages are claimed, and money is paid into Court in respect of the latter, and the claim to the goods is established, and the money paid into Court is adjudged insufficient . . .217 212 198. Order on an interpleader summons by an execution creditor against a high bailiff for damages, and when the high bailiff pays money into Court . 217 199. Warrant of execution against the goods of claimant . . . .217 200. Judgment against an executor who has wasted assets .... 218 201. Judgment against an executor or ad- ministrator who admits his repre- sentative character and denies the demand 218 202. Judgment against an executor or ad- ministrator where he admits his representative character, but denies the demand, and alleges total or partial administration of assets, and the plaintiff proves his demand, and the defendant proves administration 219 214 203. Judgment against an executor or ad- ministrator where the defendant admits his representative character, but denies the demand, and alleges total or partial administration of assets, and the plaintiff proves his -i ' demand, and the defendant does not prove the administration . . 219 204. Judgment against an executor or ad- ministrator who admits his repre- sentative character and the plaintiff's demand, but alleges a total or partial administration of assets, and proves the administration . . . .219 205. Judgment against an executor or ad- ministrator who admits his repre- sentative character and the plain- tiff's demand, but alleges a total or partial administration of assets, and does not prove the administration . 220 215 206. Summons to an executor of plaintiff's intention to apply to the Court where assets have come to defen- dant's hands' since judgment . . 220 207. Warrant of execution against the goods of a testator .... 221 208. Judgment against an executor on a devastavit since judgment , . 221 Vol. 55.] ORDERS AND RULES. 165 209. 210. 211. 212. 213. 214. 216. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 232. 230. 231. Order of reference .... 222 Summons for recovery of possession against tenant or other person hold- ing over 222 Summons .for recovery of possession of a tenement for non-payment of rent 222 Order Jor recovery of possession of tenement for non-payment of rent . 223 Order for. recovery, of possession of tenement against person holding over 223 Warrant for recovery of possession of tenement 223 234. Summons in action for recovery of land (ejectment) . . . .224 236. Notice of withdrawal of action for recovery of land as to the whole or . part of property .... 224 Notice in action for recovery of land that a person not originally made a defendant will appear and defend . 224 236, Notice in action for recovery of land that a defendant will limit his de- . fence to.part of the property . . 224 237. Confession in ejectment by defendant of plaintiff's title to the property . 225 Judgment, in ejectment for all the plaintiffs for the whole property . 225 238 Judgment, in ejectment for all the plaintiffs for part of the property against one of the defendants, and for the other defendants as to the residue of the property Judgment in ejectment for one of the plaintiffs for all the property against all the defendants . Judgment in ejectment for plaintiff Whose title has expired before -trial . Judgment in ejection for defendant . Judgmentin ejectment for defendant's costs where plaintiff does not appear 226 Warrant of possession . . . 226 Warrant of possession in ejectment for possession and costs . . Special warrant of possession in eject- ment for possession and costs where one of several plaintiffs has died after judgment and before execution executed Judgment in ejectment for plaintiff . where defendant is joint tenant, tenant in common, or coparcener with plaintiff, and an actual ouster is proved 228 Judgmentin ejectment for defendant where defendant is joint tenant, tenant in common, or coparcener with the plaintiff, and no actual ouster ia proved .... 228 Order in ejectment for the substitution of the heir or other representative of a sole plaintiff who dies before the return day for such deceased plain- tiff, and for the continuation of the 228 225 239. 226 226 226 ~ 227 241 227 242. 243. action in the name of the heir other representative Order in ejectment for the substitution of the heir or. other representative of one of several plaintiffs who dies before the return day for such de- ceased plaintiff, and for the continu- ation of the action in^the names of thesurviving plaintiff and of the heir or other representative of the de- ceased plaintiff 233. Judgment in ejectment for substituted plaintiff .... Judgment in ejectment for surviving and substituted plaintiffs . Order in ejectment, giving leave to a party claiming the property on the death of defendant, who dies before the return day, to appear and defend in the place of such deceased defen- dant .... Judgment in ejectment for plaintiff who has withdrawn the action as to part of the property Confession in ejectment by defendant defending separately for part of the property of plaintiff's title to such part Judgment in ejectment for plaintiff where a defendant, defending sepa- rately, for part of the property, ad- mits plaintiff's title to such part, and the action proceeds for the recovery of the remainder of the property Notice in ejectment by mortgagee against mortgagor that defendant has. paid into Court a sum of money for .principal, interest, and costs 2l0. Order in ejectment by mortgagee against mortgagor (all money due for principal, interest, and costs having been paid into Court) upon plaintiff . to j-econvey .to the defendant the mortgaged property . Order in ejectment by mortgagee against mortgagor (a certain sum having been paid into Court for principal, interest, and costs), that defendant shall pay a further sum into Court, and that upon such pay- ment being made the plaintiff shall reconvey the mortgaged property to the. defendant . Particulars or statement of the cause of action under section 12 of 30 & 31 Vict. c. 142. . . Notice to distrainer of goods [or cattle] intended to be replevied . Bond in replevin where action to be commenced in High Court of Justice 233 Bond in replevin where action to be commenced in County Court . . 234 Warrant to high bailiff to replevy . 234 247. Judgment for defendant in replevin for rent 235 229 229 230 230 231 . 231 23: 232 232 244. 245. 246. 232 233 233 166 SUPREME COURT OF JUDICATURE. [Law J. Page 248. Judgment for defendant in replevin of cattle damage feasant . 249. Judgment for delivery of goods . 250. Warrant of delivery .... 251. Warrant of delivery and of execution for damages and costs 252. Warrant of delivery where, if goods are not returned, levy is to be made for their value . . . . . 253. Order under the Mercantile Law Amendment Act, 1856 254. Distringas and warrant of delivery against defendant's goods for the amount of damages for non-delivery of the goods (supposing the goods delivered under the order and dis- tringas), and costs, under the Mer- cantile Law Amendment Act, 1856 . 255. Warrant of execution against defen- dant's goods under the Mercantile Law Amendment Act, 1856, where plaintiff exercises the option of having the damages assessed for the non-delivery of the goods (where the goods are not delivered pursuant to the Order) levied by distress and sale of defendant's goods 256. Order appointing a receiver of real and personal estate . 257. Order appointing a receiver of a part- nership 240 258. Notice to receiver to produce his accounts for audit .... 240 259. Order on receiver to pay to beneficiary 240 260. Bond to be given by receiver . , 261. Order for accounts and enquiries . 262. Order for sale of personal estate . 263. Order for sale of real estate 264. Order for reference in foreclosure action by legal mortgage . 265. Order of sale in an action by a legal or equitable mortgagee or person entitled to a lien .... 266. Judgment for foreclosure . 267. Order in an action for foreclosure or sale where an immediate sale is di- rected under section 25 of the Con- veyancing and Real Property Act, 1881 . 268. Particulars in foreclosure action where debt is under 50l„ and plaintiff claims that defendant may be ordered per- sonally to pay the debt . 269. Judgment in foreclosure where debt is under 502., and the plaintiff claims that defendant may be ordered per- sonally to pay the debt ■ . . 270. Particulars in an action for specific performance 271. Judgment in an action for specific per- formance ...... 272. Order. — Dissolution of partnership 273. Partnership 274. Notice of order to absent party . , 275, Page 235 235 235 276. 277. 236 278. 279. 236 280. 237 281. . 239 240 240 241 242 242 243 243 243 243 244 244 244 245 245 246 282. 283. 284. 285. 286. 287. 288. 289. 290. 291. 292. 293. 294. 242 295. 296. 297. 298. 299. 300. 301, 302. 303. 304, 305, 306. 307. '308, 309. 310, 311, Summons to parties to attend upon taking accounts .... Notice to creditor to prove his claim . Notice to creditor of allowance of claim Registrar's certificate .... Administration action order on fur- ther consideration . Notice that Registrar's certificate may be inspected .... Particulars in an action for partition or for sale, and distribution of pro ceeds Preliminary enquiry directed in an action for partition for the purpose of ascertaining who are the persons interested in the property . . 249 Order dispensing with service of notice of judgment on persons interested Judgment for partition without refer ence Order for sale under section 3 of the Partition Act, 1868 . Order for sale under section 4 of the Partition Act, 1868 .... Notice of change of solicitor Order for payment of legacy into High Court of Justice Order of transfer of action or matter to High Court of Justice . Notice of application for interlocutory order in the nature of an injunction 251 Interlocutory order in the nature of an injunction .... Notice to be indorsed on order under Order XXV. rule 40 . Notice of application for committal Order of committal for breach of an order in the nature of an injunction 252 Order of committal for neglect to obey order ...... Warrant of attachment Warrant of attachment for insult or misbehaviour . . . Notice of application for discharge from custody Order of discharge from custody Affidavit under 30 & 31 Vict. c. 142. s. 24 253 Petition „ „ „ 254 Order „ „ „ 255 Notice of day upon which petition will be heard 256 Certificate in case of money . . 256 Certificate in case of transfer of stock 256 Acknowledgment of filing of receipt or transfer ticket Certificate of deposit of seourity . Notice of payment into Post Office Savings Bank or of transfer of stock or deposit of security . Notice to treasurer .... Letter to Commissioners of Treasury as to drawing out money . Notice to a respondent under the Agri 246 246 246 246 248 249 249 249 249 250 250 250 250 251 251 252 252 252 253 253 253 253 256 257 257 257 257 Vol. 55.] OEDEES AND RULES. 167 257 258 337 338 258 339 258 340 259 341 342 Pago cultural Holdings (England) Act, 336. 1883 312. Order on an appeal .... 313. Undertaking in writing by defendant to perform contract .... 314. Certificate to be given by a County Court 315. Warrant of execution . . . 316. Summons. Married Women's Property Act, 1882 260 317. Praecipe on entry of plaint in Admiralty action 260 318. Praecipe for permission for suit to be heard at a special place . 319. Summons in Admiralty action in rem . 320. Summons in Admiralty action in per- sonam ...... 321 . Warrant of arrest and detention . 322. Bail bond 261 323. Order of release 324. Praecipe to enter an appearance . 325. Notice of hearing .... 326. Order of transfer to High Court of Justice 327. Order of transfer to County Court or the High Court of Justice 328. Judgment in personam , 329. Judgment in rem . ; . . 330. Praecipe for a warrant of execution . 331. Warrant of execution against the vessel or property of defendant . 332. Order for transfer of sale to High Court of Justice .... 333. Praecipe for paying in money 334. Solicitor's acceptance of service of summons and undertaking to appear and to put in or give, bail, &c, to be indorsed by him on summons . 335. Summons to assessors .... Page 260 343 260 344 345 261 261 261 261 346. 261 347 262 348 349 262 350 351 262 262 263 263 263 264 264 264 264 Order fining an assessor for non attendance .... Admiralty actions book Summons. Charitable Trusts Act, 1853 Notice to attend proceedings Notice of hearing. Form of Charitable Trusts Book Record 266 Order for the removal or appointment of a trustee, or removal ahd appoint- ment of a trustee ; vesting the estates of a charity in a trustee ; and ap- proving a scheme .... Order under section 48 . . . Order under section 51 Order for payment of money by any trustee of any charity or any person holding money belonging to any charity . . . Notice of sureties — bond Application for grant or revocation Notice to defendant .... Notice to probate district Registrar . Certifidate of Registrar Decree 264 265 265 265 265 266 267 267 267 267 268 268 269 269 269 Allowances to Witnesses not being Plaintiffs .... 270 Allowances to Witnesses who abe Plaintiffs . . . . 270 Allowances to Scientific Wit- nesses 270 Forms of Books Refereed to in ObdeeII 272 Costs 286 Okdeks and Rules Annulled . 293 High Court Rules, December 1885, as to Appeals. . . . .293 LIST OF FORMS in use prior to the 28th April, 1886, with a Reference; the new Form respectively substituted for each. Old Forms New Forms Old Forms New -Forms Old Forms New Forms Old Forms New Forms No. No. No. No. No. No. No. No. 1 1 18 22 35 32 52 75 2 2 19 24 36 20 53 76 3 3 20 145 37 127 54 — 4 4 21 146 38 49 65 — 5 5 22 163 39 50 56 — 6 6 23 33 40 54 57 — 7 7 24 34 41 55 58 86 8 8 25 38 42 64 59 94 9 9 26 39 43 175 60 95 10 10 27 40 44 68 61 96 11 11 28 41 45 70 62 97 12 — 29 42 46 119 63 110 13 23 30 43 47 120 64 111 14 13 31 44 48 121 65 105 15 14 32 164 49 28 66 105 16 16 33 165 50 72 67 106 17 17 34 29 51 73 68 107 168 SUPBEME COUET OS JUDICATIVE. [Law J. Old Forms New Forms Old Forms New Forms Old -Forms New Forms Old Forms New Forms No. No. No. No. No. No. No. No. 69 108 132 41 194 253 255 330 ' 70 148 133 42 195 254 256 331 71 ' 149 134 43 196 255 257 332 72 150 135 44 - 197 45 258 333 73 151 136 198 46 259 335 74 123 137 _ 199 98 260 336 75 124 138 — 200 261 261 337 76 99 139 200 201 262 262 24 77 100 140 201 202 263 ' 263 25 78 " ' 125 141 202 203 264 264 19 79 ■ 126 142 203 204 265 265 48 80 128 143 204 205 272 266 175 81 129 144 205 206 266 267 22 82 130 145 206 207 273 268 23 83 131 146 207 208 274 269 172 84 ' ' 132 147 208 209 276 270 258 85 134 148 209 210 277 271 259 - 86 135 149 210 211 278 272 67 87 136 150 211 212 280 273 — 88 137 151 213 213 260 274 21 89 138 152 214 214 226 275 30 90 ' 139' 153 215 215 227 276 31 91 140 154 216 216 287 277 144 92 141 155 217 217 ' '288 278 256 93 142 156 218 218 289 279 257 94 143 157 220 219 291 280 290 95 65 158 221 220 293 281 102 96 66 159 222 221 294 282 103 97 69 160 223 222 295 283 36 98 153 161 224 223 296 284 47 99 ' ' 154 162 225 224 298 285 — 100 • • 156 163 — 225 299 286 — 101 157 164 227 226 300 287 — 102 158 165 228 227 301 288 90 103 — 166 229 228 304 289 147 104 ' 159' 167 230 229 - 305 290 112 105 160 168 231 230 306 291 113 106 161 169 232 231 307 292 37 107 162 170 233 232 308 293 35 108 — 171 234 233 309 294 109 109 182 172 235 234 310 ' 295 275 110 183 173 — 235 53 296 ('il 111 184 174 236 236 51 297 292 112 185 . 175 219 237 57 298 155 113 186 176 237 238 58 299 156 114 187 177 238 239 60 300 174 115 188 178 239 240 311 301 122 116 189 179 240 241 312 302 301 117 190 180 241 242 313 303 303 118 191 181 242 243 317 304 177 119 192 182 243 244 318 •305 133 120 193 183 244 245 319 306 26 121 194 ' 184 245 246 320 307 27 122 195 185 246 247 321 308 28 123 196 186 247 248 322 309 212 124 197 187 248 249 323 310 166 125 198 188 249 250 324 311 313 126 199 189 — 251 325 312 105 127 — 190 167 252 326 312 — 128 191 168 253 327 314 314 129 — 192 169 254 1 328 315 315 130 39 193 297 329 316 316 131 40 Vol. 55.] OEDEES AND BUMS. 169 APPENDIX. Note. — In all forms to be printed for the future the Number of Plaint and Number of Wan-ant should be put, and the seal im- pressed on the right hand corner of the form instead of the left hand comer, so as to facilitate reference where papers are joined together. Summonses, Affidavits, Notices, „ Judg- ments, Orders, Warrants, and other proceed- ings taken under the Acts to which Orders XXXV., XXXVIII., XXXIX., XL., XLI., XLIL, XLIIL, XLV., and XLVI. relate, should be entitled with the Acts respectively referred to in those Orders and Rules. 1. General Form of Heading and Conclusion op all Notices and Admissions. No. of Plaint. In the County Court of holden at [Where sent or issued by Court. Seal.] Between A.B. Plaintiff, and CD. Defendant. Dated this day of 18 . Begistrar [or person sending notice on malting admission] . To [the person to whom notice is sent] . General Form of Heading and Conclusion of Judgments, Orders, and Warrants. No. of Plaint. In the County Court of holden at (Seal.) Between A.B. Plaintiff. and CD. Defendant. The day of 18 . ..**■•« i By the Court. Begistrar of the Court. General Form of Heading and Conclusion of Affidavits (Except where otherwise hereafter given). No. of Plaint. In the County Court of holden at Between A.B. Plaintiff, and CD. Defendant. in the\ Sworn at County of , this day of , One thousand eight hundred and , before me Mem. to be made on any Order or othrr Document signed by One Judge acting for another. (Order II., Bule 15.) This [as the case may be] was made [or granted] and signed by Judge Z. acting in the matter for Judge A., under the provisions of section 20 of " The County Courts Act, 1867." Mem. to be placed at foot of every Sum- mons, Notice, Judgment, Order, War- rant, or any other Process of the Court. Hours of Attendance at the Office of the Begistrar [Place of Office] from Ten till Foul o'clock, except on [here insert the day on which the Office will be closed] when the Office will be closed at One o'clock. Vol. 55. — Orders and Eules. 6. Memorandum to be put on all Plaint Notes. Bring this note when you come to the Court or to tJie office for any purpose con- nected with this action. On the day of trial bring all boohs, dc, necessary to prove your case. Money toill be paid out of Court onls Y 170 SUPREME COURT OF JUDICATURE. [Law J. on production of this note, and upon your or your agent's personal attendance if you reside within the district. If the defendant will sign a statement at the office of the Registrar confessing that he owes you the money, or if you and he will sign an agreement at the Registrar's Office as to the amount due, and will consent to a judgment, you will only have to pay half the hearing fee. If the debt or claim exceed five pounds you may have the action tried by a jury, on giving notice in writing at the Begi&tra/r's Office four clear days before the trial, and on payment of five shillings for fees of jury. Summonses for witnesses and for the pro- duction of documents may be obtained at the office, upon payment of the proper fee. at 7. Plaint-Note (Ordinary Summons). (Order VII., Rule 1.) In the County Court of holden (Seal.) No. of Plaint. A.B., Plaintiff, against CD., Defendant. Fees paid. £ s. d. The above action was entered this day, and will be tried at on the day of at o'clock in the noon. Dated this day of , 18 . Registrar of the Court. The hearing fees must be paid before the action is called on. JST.B. — If you obtain a Judgment against the Defendant, all moneys ordered to be paid thereunder must be paid into court, and must not be received by you. (See sec- tion 45 of the County Courts Act, 1856.) 8. Plaint-Note (Default Summons) under section 1 of the County Courts Act, 1875. at (Order VII., Rule 1.) In the County Court of holden No. of Plaint. Between A.B., Plaintiff, and (Seal.) CD., Defendant. Fees paid. £ s. d. The above action was entered this day, under section 1 of the County Courts Act, 1875, and you will be entitled to Judgment at the expiration of sixteen days from the date of the personal service of the summons, inclusive of the day of such service, unless the Defendant gives notice of his inten- tion to defend the action. Should such no- tice be given you will be informed by post thereof, and of the day and hour when the action will be tried. Dated this day of 18 , Registrar of the Court. [N.B. — Plaint-notes 7, 8, andd to be printed on paper 9 J by 8 inches.] Order VII., Rule 33. N.B. — If notice of defence be not given, judgment must be entered within two months from the day of service of the summons, after which period the action will be struck out. 9. Plaint-Note (Default Summons). Bills of Exchange Act. (Order VII., Rule 1.) In the County Court of holden at No. of Plaint. (Seal.) Between A.B., Plaintiff, and CD., Defendant. The day of 18 . Fees paid. s. d, The above action was entered this day, under the Bills of Exchange Aot, 1855, and Vol. 55.] ORDERS AND RULES. 171 you will be entitled to Judgment at the ex- piration of twelve days from the personal service of the summons, inclusive of the day of such service, unless the Defendant obtains leave to defend the action. Should such leave be obtained you will be informed by post thereof and of the day and hour when the action will be tried. Eegistrar of the Court. (Order VII., Rule 33.) N.B. — If leave to defend has not been ob- tained, judgment must be entered within two months from the day of service of the sum- mons, after which period the action will be struck out. 10. Letter to be sent with Summons out of District. (30 & 31 Vict. c. 142. s. 1. Order II., Rule 5.), No. of Plaint. In the County Court of holden at , Sir, I hereby request that you will serve the accompanying summons immediately, and return the enclosed copy of the same to me properly indorsed, shewing the fact and mode of the service. The Defendant [or witness] is stated to reside at [here insert the full address given in the summons]. Your obedient servant, Registrar of the Court. To the High Bailiff of the County Court of ' holden at , 11. Ordinary Summons. (To be used in cases for which other forms are not specially provided.) (Order VII., Rule 2.) In the County Court of holden at , No. of Plaint. (Seal.) Between A.B., Plaintiff, [Address, Description,] and CD., Defendant. [Address, Description.] * [Issued "by leave of the Court" or "by leave of the Registrar."] * Insert this when necessary. (Order VII., Rule 3 ; Order VI., Rule 1.) You are hereby summoned to appear at a County Court to be holden at on the day of , 18 , at the hour of in the noon, to answer the Plaintiff, to a claim, the particulars of which are hereunto annexed. [Where the amount of the claim does not exceed forty shillings, after " claim " strike out the words " the particulars of which are hereunto an- nexed," and state shortly the substance of the claim.] Registrar of the Court. £ s. d. Debt or claim . . Costs of plaint ' . . Solicitor's costs . Total amount £ Dated this day of , 18 , To the Defendant. [N.B. — If you owe the Money, and will consent to a Judgment, you will save half the hearing eee.] SEE BACK. [To be indorsed on the Summons.] If you confess the Plaintiffs claim — by doing which you will save half the hearing fee— you should sign a confession, printed forms for which may be obtained at the office, before the Registrar of the Court five clear days before the return day, that is, the day of hearing. The confession, if not signed before the Registrar, must be signed before a solicitor ; but you may deliver your confes- sion to the Registrar at any time before the action is called on, subject to the payment of any further costs which your delay may have caused the Plaintiff to incur. If you and the Plaintiff can agree as to the amount due and the mode of payment, and will before the action js called on for trial sign a memorandum of such agreement at the Registrar's office or before a solicitor, you will save half the hearing fee. If you pay the debt and costs, as stated in the summons, five clear days before the trial, you will avoid further costs ; but you may pay the same at any time before the action is called on for trial, subject to the payment of any further costs which your delay may have oaused the Plaintiff to incur. If you admit a part only of the claim, you may by paying into the Registrar's office the amount so admitted, five clear days be- fore the day of trial, together with costs pro- portionate to the amount you pay in, avoid further costs unless the Plaintiff proves at the trial an amount exceeding your payment. 172 SUPBEME COUET OF JUDICATUEE. [Law J. If you intend to dispute the Plaintiff's claim on any of the following grounds, — 1. That the Plaintiff owes you a debt which you claim should be set off against it ; 2. That you' were under twenty-one when the debt claimed was contracted ; 3. That you were then, or are now, a mar- ried woman ; 4. That the debt claimed is more than -six years old ; 5. That you have been discharged from the Plaintiffs claim under a Bankrupt or Insolvent Act ; , 6. That you have already tendered to the Plaintiff what is due ; 7. That you have a* statutory or equitable defence ; You must give notice thereof to the Begis- trar :five clear days before the return day; and such notice must contain the particulars prescribed by the County Court Rules ; and you must deliver to the Registrar as many copies of such notice as there are Plaintiffs, and an additional copy for the use of the Court. If your defence be a set-off, you must, with the notice thereof, also deliver to the Registrar a statement of the particulars thereof. If your defence be a tender, you must pay into Court, before or at the trial, the amount tendered. If the debt or claim exceed five pounds you may have the action tried by a jury, on giving notice in writing at the Registrar's office four clear days before the trial, and on payment of five shillings for the use of such jury. Summonses for witnesses and for the pro- duction of documents by them will be issued upon application at the office of the Regis- trar of the Court, upon payment of the proper fee. Note. — An ordinary Summons is to be printed m pica type, leaded, on a half sheet of cream-wove foolscap, fourteen pounds or thereabouts. 12. Notice of Non-Service of an Ordinary Summons. (Order II., Rules 5, 23.) Take notice, that the summons in this action has not been served, for the following reason : — Dated this day of 18 . To the [Plaintiff.] 13. Notice of Doubtful Service of an Or- dinary Summons. (Order II., Rules 6, 24.) Take notice, that the summons in this action was left at the address given by you, and [here insert the Bailiff's return of service, as indorsed on the summons]. You must therefore be prepared at the hearing to satisfy the Court that the summons has come to the Defendant's knowledge. To the Plaintiff. 14. Affidavit of Debt. County Courts Act, 1875, s. 1. I, A.B. of, Ac. make oath and say, that CD., of [address, occupation, and descrip- tion] is indebted to me in the sum of for [add, where the action is brought for a demand not exceeding five pounds, and I further say that the were sold and delivered [or let on hire] to the said CD. to be used or dealt with in the way of his trade [or profession or calling] of a ]. A.B. Note. — [When affidavit is made by a cleric alter the form accordingly, and add the fol- lowing : That I am a person in the employ of A.B., and that I am duly authorised by him to make this affidavit, and that it is within my own knowledge that the aforesaid debt was incurred and for the consideration above stated, and that such debt, to the best of my knowledge* and belief, still remains unpaid and unsatisfied.] 15. Application for, and Order granting, a Summons to be served out of the District. (Order V., Rule 9.) County Court. I, A.B., of [or I, CD., of , agent for A.B., of ] apply for leave under section 1 of the County Courts Act, 1867, to sue in this Court the several persons whose names ar~e set out in the first column of the statement hereunder written. And I declare that suoh statement is true and cor- rect. Dated this day of 18 . (Signed) A.B. or CD. Vol. S5.J ORDERS AND RULES. 17; Names in full of the Persons indebted Address of such Persons Number of House and Name of Street Name of Town or Village - Trade of suoh Persons Amount claimed Cause oE Action Facts shewing that Cause of Action wholly or in part arose within the District of the Court. The above-named A.B. or CD. having been sworn and examined by me as to the truth of the above statement, it is ordered that A.B. be at liberty to sue in this Court the several -persons mentioned in such statement. Dated this day of 18 . Registrar. 1G. Default Summons under Section 1 or the County Courts Act, 1875. [Heading and conclusion as in ordinary summons, No. 11.] Take notice, that unless within sixteen days after the personal service of this sum- mons on you, inclusive of the day of such service, you return to the Registrar of this Court at [place of office] the notice given below, dated and signed by yourself or your solicitor, you will not afterwards be allowed to make any defence to the claim which the Plaintiff makes on you, as per margin, the particulars of which are hereunto annexed ; but the Plaintiff may, without giving any further proof in support of such claim than the affidavit filed in Court herein, proceed to judgment and execution. If you return such notice to the Registrar within the time specified, the Registrar will send you by post notice of the day upon which the action will be tried. [Margin.] Claim Pee for plaint .• Solicitor's costs . Total amount of debt and costs . d. See below. [N.B. — This summons must be served within a period of six months from the date (Signed) A.B. or CD. thereof, or within such extended period as may be allowed. Notice of Intention to defend, or to ob- ject to the Jurisdiction of the Court. [To be at foot of summons.] No. of Plaint. In the County Court of* holden at , *A.B. v. CD. I intend to defend this action [or to object to the jurisdiction of the Court]. Dated this day of 18 . tDefendant. SEE BACK. [To be indorsed on the Summons.] If you pay the debt and costs, as per mar- gin on the other side, into the Registrar's office, within sixteen days after the date of service of this summons, and without re- turning the notice of intention to defend or to object to the jurisdiction of the Court, you will avoid further costs. If you do not return the notice of intention to defend or to object to the jurisdiction of the Court, but allow judgment against you by default, you will save half the hearing fee, and the order upon such judgment will be to pay the debt and costs forthwith [or by instal- ments (to be specified as in Plaintiff's written consent)]. If you admit a pai't only of the claim, you must return the notice of intention to defend within the time specified on the summons ; and you may, by paying into the Registrar's office at the same time the amount so ad- mitted, together with costs proportionate to the amount you pay in, avoid further costs, unless the Plaintiff at the trial proves at the., trial an amount exceeding your payment. * To be filled in by Registrar previous to issue of summons. f Here must be signed the name of Defen- dant or of his solicitor, and in the latter case the words " solicitor for," together with his address, must be prefixed. 174 SUPREME COURT OF JUDICATURE. [Law J. If you intend to dispute the Plaintiffs claim on any of the following grounds, — 1. That the Plaintiff owes you a debt which you claim should be set off against it ; 2. That you were under twenty-one when the debt claimed was contracted ; 3. That you were then, or are now, a mar- ried woman ; 4. That the debt claimed is more than six years old ; 5. That you have been discharged from the Plaintiffs claim under a Bankrupt or Insolvent Act ; •6. That you have already tendered to the Plaintiff what is due ; 7. That you have a statutory or equitable defence ; You must give, with the notice of intention to defend, notice of such special defence ; and such last-mentioned notice must contain the particulars required by the County Court Rules ; and you must deliver to the Registrar as many copies of such notice as there are Plaintiffs, and an additional copy for the use of the Court. If your defence be a set-off, you must," with the notice thereof, also deliver to the Registrar a statement of the particulars thereof. If your defence be a tender, you must pay into Court, before or ' at the trial, the amount tendered. If you give such notice of intention to de- fend within the time specified, you may, if the debt exceeds five pounds, have the action tried by a jury, on giving notice in writing at the Registrar's office four clear days before the trial, and on payment of five shillings for the use of such jury. Summonses for witnesses and for the pro- duction of documents by them will be issued upon application at the office of the Registrar of this Court, upon payment of the proper fee. Note.— 27ms summons is to be printed on a half sheet of salmon-tinted foolscap paper (14 lbs. or thereabouts),- with the " Notice of intention to defend or object " separated by a perforated line, so that it may be torn off for transmission to the Eegistrar. 17. •Default Summons under " The Bills of Exchange Act, 1855." (Order VII., Rule 2.) [Heading and conclusion as in ordinary summons, No. 11.] Take notice that unless within twelve days after the service of this summons on * This summons is to be printed in pica type, leaded, on a half sheet of salmon-tinted foolscap paper, lilts, or thereabouts. you, inclusive of the day of such service, you obtain leave from the Judge or Registrar of this Court to defend this action, the Plaintiff may proceed to judgment and execution. [N.B. — This summons must be personally served on the defendant within six calendar months from the date thereof, and not after- wards.] Indorsement to be made on the Summons before service thereof. The Plaintiff claims £ for principal and interest [or balance of princi- pal and interest), due to him as the payee [or indorsee] of a bill of exchange [or promissory note], a copy of which is hereunto annexed, and also for noting and bank ex- Eienses, and the sum of for Court fees and for solicitor's costs herein] : And if the amount thereof be paid to the Registrar of the Court four days from the service hereof, no further proceedings will be taken. Leave to defend may be obtained upon application at the office of the Registrar of this Court, supported by affidavit, shewing that there is a defence to the action on the merits, or disclosing facts showing that it is reasonable that the . Defendant should be allowed to defend the action. 18. Indorsement on Copy Default Summons after Service. This summons was served by personally on [the Defendant or the Defendants] on the day ,18 . Bailiff of the County Court. 19. Letter to be sent with Default Sum- monses out of the District, at (Order II., Rule 5.) In the County Court of t Sir, holden I hereby request that you will have the accompanying summons personally served, and return the enclosed copy of the same to me, properly indorsed, shewing the fact and mode of the service. The Defendant is stated to reside, at On presentation of this letter to the treasurer of your Court, he is to pay you the fee of , shillings. . Your obedient servant, To the High Bailiff , of the County Court of holden at • Registrar. vol. 55.] ORDERS AND RULES. 175 20. Notice by Plaintiff of Consent to accept Instalments. (Order V., Rule 13.) (To be annexed to a Default Summons.) Take notice, that payment of the amount sued for herein will be accepted by 'instal- ments of [state amount of instalment] pay- , able on the [state the time or times at which the instalments tvill be accepted]. Dated this day of , 18 , [Plaintiff] or [Plaintiffs Solicitor] or [Plaintiffs Agent]. To the above-named [Defendant or Defen- dants.] 21. Affidavit of Service of a Default Summons. (Order VII., Rule 31.) I, A.B., of [or G.H., a clerk [or servant] in the per- manent and exclusive employ of J [or L.M., of , the solicitor for] [or B.S., of , solicitor, agent for L.M., of , the solicitor for] [or X.Y., a clerk in the employ of [U.S., of , solicitor, agent for] L.M., of , solicitor for] the above-named Plaintiff, make oath and say: That I [am a clerk [or servant] in the per- manent and exclusive employ of] [or am a clerk in the employ of [B.S., of , solicitor, agent for] L.M., of , solicitor for] the above-named Plaintiff, and that I am over sixteen years of age. That I did on the day of 18 , duly serve S.F., the above/named Defendant [or one of the above-named De- fendants] with a summons, a true copy whereof is hereunto annexed, marked '.'A," by delivering the same personally to the said Defendant [here insert place where service was made], (Indorse the copy-summons or other pro- cess thus .-—This paper, marked "A," is the paper referred to in the annexed affidavit.) 22. Notice of Service of Default Summons. (Order II., Rule 28.) You are hereby informed that the Defen- dant was on the day of 18 _ .served with a summons issued in this action. . m , High Bailiff. To the Plaintiff. 23. Notice of Non- Service of a Default ' Summons. (Order II., Rule 28.) Take notice, that the summons in this action has not been served, for the following reason : — High Bailiff. To the Plaintiff. 24. Notice of Day of Trial where Notice of Defence given. (38 & 39 Vict. c. 50. s. 1.) Take notice, that the Defendant has given notice of his intention to defend this action, and that the same will be tried at a Court to be holden at (insert court-house), on the day of i 18 , at o'clock in the noon. Registrar. To the Plaintiff. 25. Notice to Defendant of Day of Trial. (38 & 39 Vict. c. 50. s. 1.) You having given notice of your intention to defend this action, take notice that the same will be tried at a Court to be holden, &c, on the day of , 18 , at o'clock in the noon. Registrar, To the Defendant. 26. Notice of Leave given to Defend. (18 & 19 Vict. c. 67. Order XXXV., Rule 2.) Take notice, that the Defendant has ob- tained leave to defend .this action at a Court to be holden at on the day of , at the hour of in the noon. The Defendant has obtained such leave on the ground set forth in an affidavit, a copy of which is hereunto annexed [and has paid to me the sum claimed by you, to abide the decision of the Court], [or has given security for the amoimt claimed by you, and the costs of this action.] Registrar. To the Plaintiff. 176 SUPREME COURT OF JUDICATURE. [Law J. 27. Notice to the Dependant of the Day on which Action, is to be tried upon Leave being given to Defend. (18 & 19 Vict. c. C7. Order XXXV., Rule 2.) You having obtained leave to defend this action, take notice that the same will be tried at on the day of at the hour of in the noon. To the Defendant. 28. Bond under the Summary Procedure on Bills of Exchange Act, 1855. (This bond requires a stamp.) Know all men by these presents, that we, A.B., of, &c, and CD., of, &c, and E.F., of, &c, are jointly and severally held and firmly bound to G.H., of, &c, in £ to be paid to the said G.H., or his certain attorney, executors, administrators, or assigns. For which payment to be made we bind ourselves and each and every of us, in the whole, our and each of our heirs, executors, and admin- istrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of one thousand eight hundred and Whereas an action has been brought in the County Court of , holden at , wherein the above- named O.H. is Plaintiff, and the above- bounden A.B. is Defendant, on a certain bill of exchange [or promissory note] under the Summary Procedure on Bills of Exchange Act, 1885 : And whereas leave has been duly given, according to the provisions of the said Act, to the said A.B. to defend the said action upon his giving security to be approved by the Registrar of the Court aforesaid, for the amount claimed in the said action and costs of trial thereof.* And whereas the above-named CD. and E.F., at the request of the said A.B., have agreed to enter into the above- written obliga- tion for the purposes aforesaid, and the security intended to be hereby given has been approved of by the Regis- trar of the said County Court, as appears by his allowance in the margin hereof: Now the condition of this obligation is such, that if the above-bounden A.B., CD., and E.F., any or either of them, shall pay unto the said G.H., his executors, administrators, or assigns, the amount claimed in the said * I approve of this bond, I.K., Registrar, (l.s.) action, and the costs of the trial thereof upon judgment being given for the Plaintiff, then this obligation shall be void, otherwise shall remain in full force. A.B. (l.s.) CD. (l.s.) E.F. (l.s.) Signed, sealed, and delivered by the above- bounden in the presence of (19 & 20 Vict. c. 108. s. 71.) Note. — If a deposit of money he made the memorandum thereof should follow the terms of the condition of the bond, and will not require a stamp. 29. Affidavit in support of Application for substituted Service. (Order LI., Rule 6.) I, J.S. [address and description] make oath and say as follows : — State facts shewing either that the sum- mons has come to the knowledge of Defen- dant, or that he wilfully evades service of the same. Or, that upon enquiry at his usual place of abode, or at any other place where prior to the time when the pla/int was entered he might probably have been met with, he could not be found so as to be served, and that in either case there is just ground to believe that he has gone out of the realm or otherwise absconded to avoid being served. Then state deponents means of knowledge of the facts deposed to. Sworn, &c. 30. Order for substituted Service. (Order LI., Rules 6, 23; Order XXXIX., Rule 28.) Upon reading an affidavit of of , in the county of , sworn the day of , 18 : It is ordered that the delivery of a sealed copy of the summons issued in this action, together with a sealed copy of this order, to some adult inmate at the usual or last known place of residence or business of the above-named Defendant CD., situate and being at in the county of shall be deemed to be good and sufficient service of the said summons on the said CD. on the day of such delivery. [Or, That notice of the entry of the above- named plaint be published in the and that the publication of such notice shall Vol. 55.] OEDEES AND EULES. 177 be deemed to be service of the summons upon the said CD.] Dated this day of 18 . Begistrar. 81. Substituted Service — Notice in Papers. (Order LI. Rules 6, 23 ; Order XXXIX. Rule 28.) In the County Court of holden at To CD. of Take notice, that a plaint has been entered and a summons issued against you in the above County Court by A.B., of , for the sum of £ for goods sold and delivered, or, as the case may be, and an order has been made that the publication of a notice of the entry of such plaint in the shall be deemed to be service of the summons upon you. The summons will be heard at on the day of at o'clock in the forenoon, on which day you are re- quired to appear, and if you do not appear either in person or by your solicitor at the time and place above mentioned, such order will be made and proceedings taken as the Judge may think just and expedient. Dated this day of 18 . Registrar. 32. Order for Leave to proceed as if Ser- vice HAD BEEN EFFECTED OF DEFAULT Summons. (38 &89 Vict. c. 50. s. 1 ; 18 & 19 Vict. c. 67.) On the application of , and on reading the affidavit of , I do order that on the Plaintiff be at liberty to proceed as if the above Defendant had been personally served in this action. [Judge or Registrar.] 33. Judgment for Defendant, or of Nonsuit. (9 & 10 Vict. c. 95. s. 79.) Upon hearing this action at a Court holden this day, it is adjudged that judgment be en- tered for the Defendant [or that judgment of nonsuit be entered] , and that the Plaintiff do pay the sum of £ for the Defendant's costs : And it is ordered that the Plaintiff do pay the same to the Registrar of this Court on the day of 34. Judgment for Plaintiff. (9 & 10 Vict. c. 95. ss. 74, 80 ; 19 & 20 Vict. c. 108. s. 45.) It is this day adjudged that the Plaintiff do recover against the Defendant the sum of £ for debt [or damages] , and £ for costs, amounting together to the sum of £ Acknowledgment of payment into Court. Date. £ s. d. Received by And it is ordered that the Defendant do pay the same to the Registrar of the Court, on the day of [or by instal- ments of for every days ; the first instalment to be paid on the day of 18 ]. . [In case . default be made in payment of any one of such instalments, and execution issue, it shall be for the whole of the above amount then remaining due.] This form will, by striking out the words within brackets, or the words " on the day of "in line 6, apply to judg- ments of payment, whether for payment forthwith of the whole claim or by instal- ments, and to judgments under sect. 9 of the County Courts Act, 1850, 13 & 14 Vict. c. 61., and also to judgments m replevin, where the judgment is for the Plaintiff. 35. Vol. 55. — Obdebs and Rules. Judgment where a Counter-claim has been made. (Order XXII. Rule 18.) It is this day adjudged that the Plaintiff in the original action do recover against the Defendant in the original action the sum of £ for debt [or damages] and £ for costs, amounting together to the sum of £ [or that judgment be entered for the Defendant [or that judg- ment of nonsuit be entered] in the original action, and that the Plaintiff in the said action do pay the sum of £ for the said Defendant's costs] . And it is further adjudged that the Plaintiff by counter-claim do recover against the De- fendant by counter-claim the sum of £ for debt [or damages, as the case may be] and £ for costs, amounting together to the sum of £ [or that judgment be entered for the Defendant by counter- claim [or that the counter-claim be struck out] , and that the Plaintiff by counter-claim Z 178 SUPREME COURT OE JUDICATURE. [Law J. do pay the sum of £ for the said Defendant's costs] . And it is ordered that the Defendant [or Plaintiff] ' by counter-claim do pay to the Eegistrar of the Court the sum of £ [add where necessary, being the balance in favour of the Plaintiff by counter-claim after deducting the amount adjudged to be due to the Plaintiff in the original action] ; and that the said sum be so paid on the day of [or by instalments of for every days, the first instalment to be paid on the day of 18 ] . 36. Judgment against Defendant for Payment of Costs. (9 & 10 Vict. c. 95. s. 82 ; Order IX. Rule 11.) Upon hearing the Plaintiff's application at a Court holden this day, it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for costs incurred by the Plaintiff in preparing for trial before the notice of payment of money into Court was . received by him and in attending Court, such money having been so paid in less than five clear days defore the return day of the summons. And it is ordered, that the Defendant do pay the same to the Registrar of this Court on the day of 18 . 37. Order for Costs to Defendant where Plaintiff does not appear. (Order XXII. Rule 5.) "Whereas the Plaintiff has not appeared, either by himself, his solicitor or agent, at the Court holden this day, being the day ap- pointed for the trial of this action, and the Defendant has appeared in person [or by his solicitor or agent] , and has not admitted the demand : It is awarded that the Plaintiff do pay the sum of £ for the Defendant's costs, and it is ordered that the Plaintiff do pay the same to the Registrar of this Court on the day of 18 . 38. Notice to Plaintiff of Payment of Instalment. (Order XXIII. Rule 9.) I hereby give you notice, that A.B., the Defendant, has paid into Court the sum of £ under the judgment obtained by you against him. [N.B. — Upon your applying for the above amount it will he necessary that you should produce or send the plaint-note given to you on the entry of the plaint. 39. Admission of Claim or part of Claim under Section 8 of the County Courts Act, 1850. I, the Defendant, do hereby confess and admit that the sum of £ the amount claimed [or the sum of £ , being part of the amount claimed by the Plaintiff in this action] is due to him from me [and that I will pay the same by instalments of ]. Dated this day of 18 . Signed in the presence of This paper marked A. is the statement referred to in the annexed Affidavit. 40. Affidavit of Signature to Admission, Section 8 of the County Courts Act, 1850. I, of gentleman, solicitor of Her Majesty's Supreme Court of Judicature, make oath and say, that I was present on the day of one thousand eight hundred and seventy , and did see the above-named Defendant sign the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the Defendant, and that the name set to the said statement as the witness attesting the same is in my handwriting. 41. Notice to Plaintiff of Admission of Claim under Section 8 of the 13 & 14 Vict. c. 61. (19 & 20 Vict. c. 108. s. 78.) I do hereby give you notice, that the De- fendant has filed a statement confessing and admitting the amount claimed by you [and proposing to pay the same by instalments of ], and that it will not be necessary for you to attend on the day of hearing [unless you object to receive the same by instalments as proposed], but judgment will not be entered unless you shall pay to the Registrar on or before such day the sum of being the fee for the judgment, or shall remit the said sum to the Registrar by post office order, or otherwise. Vol. 55.] OBDEBS AND EULES. 179 42. Notice to Plaintiff of Admission of Part of Claim under Section 8 of the 13 & 14 Vict. c. 61. (19 & 20 Vict. o. 108. s. 78.) I do hereby give you notice, that the De- fendant has filed a statement confessing and admitting £ , part of the amount claimed by you [and proposing to pay the same by instalments of ]. If you consent to accept the amount so admitted [and to the mode of payment by instalments as proposed], it will not be neces- sary for you to attend on the day of hearing ; but judgment will not be entered unless you shall pay to the Registrar on or before such day the sum of being the fee for the judgment, or shall remit the said sum to the Registrar by post office order, or otherwise. If, however, you do not consent to accept the sum so admitted, in satisfaction of your claim, you must be prepared to prove the same. 43. Admission under Section 9 of 13 & 14 Vict. c. 61. We, the Plaintiff and Defendant, do hereby agree that the amount of the debt or demand due from the Defendant to the Plaintiff is .• £ , and that the same, with £ for the Plaintiffs costs, and £ the Court fees, amounting together to the sum of , Bhall be paid to the Registrar of the Court at his office, in manner following, viz. : Dated this day of , 18 . 1 Signatures of >■ Plaintiff and J Defendant. Signed in the presence of Tlvis paper marked A. is the statement re- ferred to in the annexed Affidavit. 44. Affidavit of Signature under Section 9 of 13 & 14 Vict. o. 61. I> of , gentleman, soli- citor of Her Majesty's Supreme Court of Judicature, make oath and say, that I was present on the day of " , one thousand eight hundred and , and did see the Plaintiff and Defendant respec- tively sign the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the Plaintiff, and that the name set to the said statement is in the handwriting of the Defendant, and that the name set to the said state- ment as the witness attesting the same is in my handwriting. 45. Defendant's Admission. (Order IX. Rule 4.) I, the undersigned, Defendant, admit the truth of the allegations in the plaint, and hereby submit to the judgment of the Court thereon. (Signed) CD., Defendant. Signed in the presence of This paper marked A. is the statement re- ferred to m the annexed Affidavit. 46. Affidavit of Signature to Defendant's Admission. (Order IX. Rule 4.) I, of , gentleman, a solicitor of Her Majesty's Supreme Court of Judicature, make oath and say, that I was present on the day of , one thousand eight hundred and , and did see the above-named CD., the Defendant, sign the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the Defendant, and that the name set to the said statement as the witness attesting the same is in my handwriting. 47. Notice of Discontinuance of Action. (Order IX. Rule 1.) Take notice, that I shall not proceed fur- ther in this action, and that I hereby with- draw from the same. Dated this day of , 18 . Plaintiff. To the Registrar. 48. Notice by Registrar rejecting Affidavit. (Order XIX. Rule 10.) I hereby give you notice that I reject the affidavit of of sworn the day of and refuse to file the same, and my reasons for rejecting such affidavit and refusing to file the same are as follows : — Dated this day of ,18 . Registrar. To the above-named Plaintiff or Defendant. 180 SUPREME COURT OF JUDICATURE. [LAW J. 49. Certified Copy of Judgment ok Order. (Order XXIII. Rule 7 ; Order XXV. Rule 16 ; Order XXVI. Rules 3, 8.) The County Court of , holden at Minutes of Judgments, Orders, and other Proceedings at a Court held at on the day of 18 , before His Honour , Judge. No. 1 Amount claimed a. a Costs Order Amount of Judgment or Order, includ- ing Costs Subsequent Costs Paid into Court . Total sum now due £ s. a. I hereby certify that the above is a true copy of an entry in the Minute Book, Judg- ments, Orders, and other Proceedings of the County Court of holden at Dated this day of 18 . Registrar. Note. — If the Judgment or Order is entered in any Minute or Order Book of a different form to the above, then the certificate must follow the form of such book. 50. Judgment Summons on a Judgment or Order of a County Court. (32 & 33 Vict. c. 62. s. 5 ; Order XXV. Rules 13, 18.) (The flgv/res cure inserted ex. gr.) ■ The Debtors Act, 1869. In the [title of Court issuing summons]. No. of plaint, No. of judgment summons. 4 Between A.B. Plaintiff, [Address, description,] and CD. Defendant, [Present address, description, cmd, if known, place of employment.'] Whereas the Plaintiff obtained a judgment [or if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above- named Defendant, in this Court [or in the County Court of holden at i on the day of , 18 , for the payment of 101. for debt [or damages] and costs, and subsequent costs have been' incurred in pursuance thereof amounting to 15s. : And whereas you have made default in payment of the sum payable in pursuance of the said judgment [or order] : You are therefore hereby summoned to appear personally in this Court at [place where Court holden] on the day of , 18 , at the hour of in the noon to be examined on oath by the Court touching the means you have or have had since the date of the judgment [or order] to satisfy the sum payable in pursu- ance of the said judgment [or order]; and also to shew cause why you should not be committed to prison for such default. Dated this day of , 18 . Registrar of the Court. £ s. d. Amount of judgment, or order, and costs 10 Costs of warrant against the goods, if any 15 Costs of previous judgment sum- monses, hearing, and commit- ments, if any . . . .00 10 15 Vol. 55.] OEDEES AND EULES. 181 Brought forward £ s. d. .Paid into Court .10 Amounts which were not re- Deduct ■{ quired to have been paid be- fore the date of the summons . 4 15 £ s. 10 15 Sum payable .... Costs of the summons Amount upon the payment of which no further proceedings will be had until default in pay- ment of next instalment . 5 15 5 2 3 5 2 3 51. holden Affidavit where Judgment-Summons is sought on a judgment ok order of a Court not a County Court. (Order XXV., Bule 17.) The Debtors Act, 1869. In the County Court of at In the matter of a judgment [or order] in the High Court of Justice [or as the case may be], A.B., Plaintiff,, [Address, description,] and CD., Defendant, [Address, description.] I, A.B., the above-mentioned Plaintiff, make oath and say : 1. That on the day of , 18 , I obtained a judgment [or order] in (here set forth the style of the Cov/rt in which the judgment or order was obtained] against CD., the above-named Defendant, for the payment of the sum of 2. That there is still due on the said judg- ment [or order] the sum of Sworn at &c. A.B. 52. Affidavit to obtain Leave to issue Judg- ment Summons. (19 & 20 Vict. c. 108. s. 48. Order XXV., Bule 14.) 1. I, A.B., of , make oath and say, as follows :— On the day. of , 18 , I obtained judgment in this Court for the sum of £ [and costs] against the De- fendant CD., and the same is unsatisfied. 2. The Defendant CD. lives at in a house apparently of the yearly rent or value of £ , and carries on the business of a [here state such other circumstances as are relied on to justify the grant of the leave]. 53. Judgment Summons on Judgment or Order of a Court other than a County Court. (32 & 33 Vict. c. 62. s. 5. Order XXV., Bules 13, 18.) The Debtors Act, 1869. In the [title of Court issuing summons]. No. of judgment-summons. Between A.B., Plaintiff, [Address, description,] and CD., Defendant, [Present address, description, and, if known, place of em- ployment.] Whereas the Plaintiff obtained a judgment [or order] against the Defendant in the High Court of Justice on the day of , for the sum of £ , and there is now due and payable upon the said judgment the sum of £ ] : You are therefore hereby summoned to appear personally in this Court at [place where Court holden] on the day of , 18 , at the hour of in the , to be examined on oath by the Court touching the means you have or have had since the date of the judgment [or order] to pay the said sum, in payment of which you have made default ; and also to shew cause why you should not be committed to prison for such default. Dated this day of , 18 . Begistrar of the Court. £ s. d. Amount of judgment or order remaining due Costs of this summons . . Total sum due 54. Order upon a Judgment-Summons altering Original Judgment or Order. (32 & 33 Vict. c. 62. s. 5. Order XXV., Bule 26.) The Debtors Act, 1869. In the [title of Court issuing summons]. No. of plaint. No. of judgment-summons. 182 SUPREME COURT OF JUDICATURE. [Law J. Between A.B., Plaintiff, {Address, description,} and CD., Defendant, [Present address, description, and, if known, place of em- ployment^] Whereas the Plaintiff obtained a judgment [or order] against the Defendant in the County Court of holden at on the day of , 18 , for the payment of £ , together with £ for costs, and in payment thereof [or of part thereof] the Defendant hath made default : [or, Whereas the Plaintiff obtained a judg- ment against the Defendant in the High Court of Justice [or as the case may be] on the day of , for the sum of £ , and there is now due and pay- able upon the said judgment the sum of And whereas a summons was, at the in- stance of the Plaintiff, duly issued out of this Court, by which the Defendant was required to appear personally at this Court on the day 6f , 18 , to be examined on oath touching the means he had then or had had since the date of the judgment [or order] to pay the said sum, which summons was proved to this Court to have been personally and duly served on the Defendant : Acknowledgment of payment into Court Date £ s. d. Eeceived by It is ordered, that the Defendant do pay the amount still due on the said judgment, and the costs of the said summons and its hearing, as stated at the foot of this order, to the Registrar of this Court, by instalments of £ for every days ; the first payment to be made on the day of ,18 . Given under the seal of the Court, this day of , 18 . Registrar of the Court. £ s. d. Amount on judgment or order remaining due Costs of judgment-summons and its hearing . 55. Oedee op Commitment. (32 & 33 Vict. c. 62. s: 5. Order XXV., Rule 33.) (The figures are inserted ex. gr.) The Debtors Act, 1869. In the [title of Court ordering Committal]. No. of plaint. No. of judgment-summons. No. of order. Between A.B., Plaintiff, and CD., Defendant. To the High Bailiff and others the Bailiffs of the said Court and all Peace Officers within the jurisdiction of the said Court, and to the Governor of the [prison used by the Court]. Whereas the Plaintiff obtained a judgment [or order] against the Defendant in the County Court of holden at on the day of , 18 , for the payment of 101., for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to 15s. : And whereas the Defendant hath made default in payment of 51., payable in pursu- ance of the said judgment [or order] : And whereas a summons was, at the in- stance of the Plaintiff, duly issued out of this Court, by which the Defendant was required to appear personally at this Court on' the day of , 18 , to be examined on oath touching the means he had then or had had since the date of the judgment [or order] to satisfy the sum then due and pay- able in pursuance of the judgment [or order], and to shew cause why he should not be com- mitted to prison for such default, which sum- mons has been proved to this Court to have been personally and duly served on the De- fendant : And whereas, at the hearing of the said summons, it has now . been proved to the satisfaction of the Court that the Defendant now has [or has had] since the date of the judgment lor order], the means to pay the sum then due and payable in pursuance of the judgment [or order], and has refused [or neglected], [or then refused or neglected] to pay the same, and the Defendant has shewn no cause why he should not be oommitted to prison. Now, therefore, it is ordered that, for such default as aforesaid, the Defendant shall be committed to prison for days, unless he shall sooner pay the sum stated below as that upon the payment of which he is to be dis- charged, or shall file such affidavit as is men- tioned in Order XXV., Rule 30, of the County Court Rules, 1885. Vol. 55.] ORDERS AND RULES. 183 These are therefore to require you, the said High Bailiff, Bailiffs, and others, to take the Defendant, and to deliver him to the Gover- nor of the , [prison used by the Court], and you the said Governor to receive the Defen- dant, and him safely keep in the said prison for days from the arrest under this order, or until he shall be sooner discharged by due course of law. Given under the seal of this [in- sert date of order] date of > 18 . E.F., Registrar of the Court. £ 3. d. Total sum payable at the time of issuing of the judgment- summons . . . ,523 Hearing of summons, and poundage upon this order . 10 5 12 Deduct amount paid into Court subsequent to the hearing of the judgment-summons . 2 3 Total sum upon payment of which the prisoner will be discharged . . . 3 12 3 This order remains in force one year from the date hereof, unless such time is extended under Order XXV., Rule 33. Add when so ordered — The time during which this order is to remain in force was on the day of extended by order of the Judge for months. Registrar. 56. Indorsement on an Oedee of Commitment issued in a Foreign Couet. (Order XXV., Rule 28.) To the Governor of the Prison at [here insert name of prison of foreign Court] . Take notice that in accordance with the provisions of section 104 of the County Courts Act, 1846, this order of commitment has been sent to, and issued by me to, the High Bailiff of this Court, and that the debtor, if apprehended within the jurisdiction thereof, is to be conveyed to the prison of this Court, and is to be there kept for the time mentioned in the order of commitment, unless sooner discharged by law. Dated this day of 18 . Registrar. 57. Oedee of Commitment on a Judgment or Order of a Couet othee than a County Court. (Order XXV., Rule 33.) The Debtors Act, 1869. In the [title of Court ordering Com- mittal] . No. of plaint. No. of judgment-summons. No. of order. Between A.B., Plaintiff, and CD., Defendant. To the High Bailiff and others the Bailiffs of the said Court and all Peace Officers within the jurisdiction of the said Court, to the Governor of the [prison used by the Court], "Whereas the Plaintiff obtained a judgment [or order] against the Defendant in the High Court of Justice [or as the case may be] on the day of , for the sum of £ , and there is now due and payable upon the said judgment the sum of : And whereas a summons was, at the in- stance of the Plaintiff, duly issued out of this Court, by which the Defendant was required to appear personally at this Court on the day of 18 , to be examined on oath touching the means he had then or had had since the date of the judgment [or order] to pay the said sum, which summons was proved to this Court to have been personally and duly served on the Defendant : And whereas, at the hearing of the said summons, it has now been proved to the satisfaction of the Court, that the Defendant now has [or has had] since the date of the judgment [or order], the means to pay the sum in respect of which he made default as aforesaid, or an instalment or instalments thereof as ordered by the said judgment, and has refused [or neglected], [or then refused or neglected] to^pay the same. Now, therefore, it is ordered, that the Defendant shall be committed to prison for days, unless he shall sooner pay the sums, in payment of which he has so made default, together with the prescribed costs hereinafter mentioned, or shall file such affidavit as is mentioned in Order XXV., Rule 30, of the County Court Rules, 1885. These are, therefore, to require you the said High Bailiff, Bailiffs, and others, to take the Defendant, and to deliver him to the Governor or Keeper of the [prison used by the Court], and you the said Governor or Keeper to receive the Defendant, and him safely keep in the said prison for days 184 SUPBEME COUET OF JUDICATUBE. [Law J. from the arrest under this order, or until he shall be sooner discharged by due course of law. Given under the seal of this [insert date of'tfrder] day of - E.F., Eegistrar of the Court. £ s. d. Amount of judgment or order re- maining due .... Costs of judgment-summons and poundage on this order . Amount upon the payment of which the prisoner is to be dis- charged This order remains in force one year from the date hereof, unless such time is extended under Order XXV., Eule 33. Add when so ordered : The time during which this order is to remain in force was on the day of extended by order of the Judge for months. Eegistrar. 58. Affidavit under Order XXV., Eule 30. The Debtors Act, 1869. In the County Court of holden at Between A.B., Plaintiff, and CD., Defendant. I, CD. of make oath and say, — 1. That under the Debtors Act, 1869, an order for my committal was made by the above Court [or the County Court of holden at ], for making default in payment of £ , due from me in pursuance of an order [or judgment] of the [here insert the Cov/rt in which order or judgment was given}. 2. That on the day of 18 , I was adjudicated a bankrupt by the [here insert the Court by which adjudication was made]. [or That on the day of 18 , a receiving order was made for the protec- tion of my estate by the [here insert the Court by which the receiving order was made]. 3. That the receiving order [or the order of adjudication] was published in the London Gazette on the day of 18 . 4. That the debt, in respect of whioh the above order [or judgment] was given, was provable under the bankruptcy. [or 2. That my affairs are in course of liquida- tion [or have been liquidated] by arrange- ment under section 125 of the Bankruptcy Act, 1869, and that the debt in respect of which the above order [or judgment] was given was included in the statement produced to the meeting of my creditors.] or, 2. That I have entered into a composi- tion with my creditors under the provisions of section 126 of the Bankruptcy Act, 1869, and that the debt in respect of which the above order [or judgment] was given was in- serted in the statement produced to the meet- ings of my creditors.] 3. That the special resolution mentioned in section 125 of the Bankruptcy Act, 1869 [or the extraordinary resolution mentioned in section 126 of the Bankruptcy Act, 1869], was filed in the [here insert name of Court] on the day of ]. [or 2. That on the day of 18 , an order for the administration of my estate was made by the [here insert the Court by which the order was made] as shewn by the certificate of the Eegistrar of that Court hereto annexed. Sworn at CD. 59. Certificate under Order XXV., Eule 32. The Debtors Act, 1869. In the County Court of holden at I hereby certify that an order for the ad- ministration of the estate of A.B. of [here insert address and description of debtor] was made under the provisions of section 122 of the Bankruptcy Act, 1883, on the day of 18 , and that a debt has been duly notified by A.B. as being due from him to [here insert the name, address, and description of the creditor whose name the debtor wishes to be inserted], Eegistrar of the Court. 60. Certificate by Eegistrar for Discharge of Judgment Debtor. (Order XXV., Eule 31.) The Debtors Act, 1869. In the County Court of holden at Between A.B., Plaintiff, and CD., Defendant. . I hereby certify that the Defendant who Vol. 55.] ORDERS AND RULES. 185 was committed to your custody by virtue of an order of commitment under the seal of this Court [or the County Court of h olden at ], bearing date the day of 18 , has filed an affidavit in this Court, stating that [here insert state- ment in affidavit] ; and that the Defendant may, in respect of such order, be forthwith discharged out of your custody. Given under the seal of the Court this day of 18 . Registrar of the Court. To the Governor. 61. Certificate of Payment by a Prisoner. (Order XXV., Rules 35, 37.) The Debtors Act, 1869. I hereby certify that the Defendant, who was committed to my [or your] custody by virtue of an order of commitment under the seal of this Court [or of the County Court of holden at ], bear- ing date the day of 18 , has paid and satisfied the sum of money for the non-payment whereof he was so committed, together with all costs due and payable by him in respect thereof; [and where the certificate is sent by the Registrar : and that the Defendant may, in respect of such order, be forthwith discharged out of your custody.] Dated [or given under the seal of the Court] this day of 18 . Governor of [or Registrar of the County Court of holden at ]. To the' Governor of ' [or the Registrar of the County Court of holden at ]. 63. Warrant for Discharge of Prisoner at Request of Creditor. (Order XXV., Rule 36.) The Debtors Act, 1869. I hereby certify that CD., who was com- mitted to your custody by virtue of an order of commitment under the seal of this Court [or of the County Coiirt of holden at ] bearing date the day of 18 , may in respect of such order be forthwith discharged out of your custody. Registrar of the County Court of , holden at To the Governor of - 64. Undertaking by next Friend of Infant to be responsible for defendants' Costs. (Order V. Rule 11.) I, the undersigned E.F., of , being the next friend of A.B., who is an infant, and who is desirous of entering a plaint in this Court against CD., of, &c, hereby undertake to be responsible for the costs of the said CD., in such action, in manner following ; namely, if the said A.B. fail to pay to the said CD., when and in such manner as the Court shall order, all such costs of such action as the Court shall direct him to pay to the said CD., I will forthwith pay the same to the Registrar of the Court. Dated this day of 18 . E.F. 62. Request by Creditor for Discharge of Prisoner. (Order XXV., Rule 36.) {Commence as in Form 1.) The Debtors Act, 1869. I, the undersigned A.B., the Plaintiff in this action, request that the Defendant CD., if still in custody, may be discharged. A.B. To the Registrar. 65. Order appointing Guardian named by Infant Defendant. (Order XXII. Rule 8.) Whereas now, at the hearing of this action, the Defendant, being an infant, appears here in Court, and names of to act as his guardian, who, now assenting to act as such guardian, is hereby appointed to be guardian of the Defendant to act on his behalf in this action. Vol. 55.— Obdebs and Rules. 2 A 186 SUPREME COURT OF JUDICATURE. [Law J. 66. Order appointing Guardian op Infant Defendant where Defendant does not name a Guardian. (Order XXII. Rule 8.) Whereas now, at the hearing of this action, the Defendant, being an infant, appears here in Court, and does not name a guardian, E.F., of , is hereby appointed to be guardian of the Defendant to act on his behalf in this action. 67. Bond for Costs where Plaintiff out of England. (Order V. Rule 7.) [This bond requires a stamp.] Know all men by these presents that we, A.B., of CD., of and E.F., of are held and firmly bound to O.H., of in the sum of £ to be paid to the said G.H., or his certain attorney, executors, administrators, or assigns, which payment to be well and truly made, we bind ourselves jointly and severally, and our and each of our heirs, executors, and ad- ministrators, firmly, by these presents. Sealed with our seals and dated this day of 18 . Whereas a plaint was upon the day of entered by the above-named A.B., against the above-named G.H., in the County Court of holden at : And whereas it appeared upon the entry of such plaint that the said AS. did not reside in England or Wales : And whereas it is directed by Rule 7 of Order V. of the County Court Rules, 1885, that the summons shall not be issued until security for costs,_ by de- posit or otherwise, shall have been given to the satisfaction of the Registrar of the Court : And whereas the said A.B. and the above bounden CD. and E.F., as sureties for the said A.B., have agreed to give suoh security by entering into the above-written bond or obligation with the condition hereunder written, and the seourity has been approved of by the Registrar of the said County Court : * Now the condition of the above written bond is such, that if the said A.B., the Plaintiff, or any Plaintiff substituted in his stead, discontinue, or become nonsuit in the said action, or in case the said action is re- ferred to arbitration, and an award is made against the said A.B., or any substituted Plaintiff therein, shewing that he is not * I approve of this bond. J.K., Kegistrar. (L.S.) entitled to reoover therein, or if the said G.H., the Defendant, or any substituted Defendant, obtain a judgment or verdict or any other judgment therein, then or in either of the said cases, if the above bounden A.B., CD., and E.F., or either of them, their or either of their heirs, executors, or adminis- trators, do pay or cause to be paid to the said G.H., his executors, administrators, or assigns, his or their costs to be taxed in the said aotion, then this obligation to be void and of no effect, or otherwise to be and remain in full force and virtue. 68. Undertaking by Solicitor to be respon- sible for Costs. (Order V. Rule 7.) [Title of Action.] As solicitor for the above-named Plaintiff, I hereby undertake to be personally respon- sible for any costs which the said Plaintiff may be ordered to pay to the said Defendant in this action. Dated this of 18 . Solioitor for the Plaintiff. 69. Agreement not to appeal. We [or the respective solicitors or agents of], the above-named Plaintiff and Defendant, do hereby, under the provisions of seotion 69 of the County Courts Act, 1856, agree that the decision of His Honour the Judge of this Court inthis aotion shall be final. Witness our hands this day of . Plaintiff [or 's Solicitor]. Defendant [or 's Solicitor]. 70. Agreement to give Jurisdiction to a County Court. We [or the respective solicitors of], A.B., of, &c, and CD., of, &c, do hereby agree that the County Court of holden at shall have power to try an action to be brought by A.B. against CD. for under the provisions of section 23 of the County Courts Act, 1856. Witness our hands this day of 18 , A.B. [or E.F., Solicitor for A.B.] CD. [or G.H., Solicitor for CD.] Vol. 55.] ORDEES AND RULES. 187 71. Request foe Sale under Partition Act, 1868. (31 & 32 Vict. c. 40. s. 4 ; Order IX. Rule 9.) We, the undersigned, being all the persons interested or claiming to be interested in the hereditaments mentioned in the particulars filed in this action, hereby request that the said hereditaments may be sold and the pro- ceeds thereof distributed instead of being divided between or amongst the persons in- terested. at a Court to be holden on the day of at o'clock in the forenoon. Dated this day of 18 . Registrar of the Court. The Plaintiff and Defendant. [To the notice sent to Defendant the Re- gistrar must annex a copy of the Plaintiff's particulars of demand or cause of action where given.] 72. Particulars of Plaintiff's Demand or Cause of Action in Actions of Con- tract ordered to be tried in a County Court. (Order XXXIII. Rule 1.) In the County Court of holden at Between A.B. [Address and Description.] and CD., [Address and Description.] Being an action of contract commenced in the High Court of Justice, and sent by order of a Judge at Chambers [or master or district registrar] under section 7 of " The County Courts Act, 1867," to be tried in this Court. This action is brought for [state the par- ticulars of the Plaintiff's demand or cause of action according to the facts, adding] Above are the particulars of the Plaintiff's demand [or cause of action]. Dated this day of 18 . A.B., Plaintiff, or E.F., Plaintiff's Solicitor. To the Registrar of the Court and to the Defendant. 73. 74. Certificate of The Result of the Hear-, ing of an Action sent after Issue joined for Trial to a County Court. Notice of Trial of Action of Contract ordered to be tried in a county Court. (Order XXXIII. Rule 1.) [Commence as in Form 72.] Being an action of contract commenced in the High Court of Justice, and sent by order of a Judge thereof [or Master or District Registrar] under section 7 of " The County Courts Act, 1867," to be tried in this Court. Take notice, that this action will be tried In the County Court of holden at I hereby certify, that an action of contract commenced in the High Court of Justice, wherein A.B. is Plaintiff and CD. is Defen- dant, which, under section 26 of the County Courts Act, 1856, was ordered by a Judge [or Master or District Registrar] thereof to be tried in this Court, has been heard ac- cordingly in this Court, on this day, and that the result was as follows : [State the finding on 'the several issues joined in the action, or that the Plaintiff was nonsuited^] Dated this day of 18 . Registrar of the Court. 75. Statement of Plaintiff's Cause of Action in Actions of Tort remitted for Trial in a County Court. . (Order XXXIII. Rule 1.) [Commence as in Form 72.] Being an action of tort commenced in Her Majesty's High Court of Justice, and re- mitted by order of a Judge [or Master or District Registrar] thereof under section 10 of " The County Courts Act, 1867, to be tried in this Court. This action is brought : (Malicious prosecution.) A. For that the Defendant maliciously and without reasonable or probable cause laid an information before E.F., a Justice of the Peace for the County of against the Plaintiff for having feloniously stolen a bushel of wheat belonging to the Defendant, upon which charge the Plaintiff was com- mitted to the County Gaol at , and was there imprisoned two months, and the Defendant afterwards maliciously and with- out reasonable or probable cause caused the 188 SUPREME COUET OF JUDICATURE. [Law J. Plaintiff to be prosecuted, indicted, and tried at the last assizes for the said county upon the said charge, when the Plaintiff was ac- quitted, and the prosecution came to an end, by reason whereof the Plaintiff was injured in his person and character, and was put to expense in defending himself against the said oharges ; and the Plaintiff claims £100 damages. (Illegal arrest.) B. For that the Defendant wrongfully and unlawfully gave the Plaintiff into the custody of a policeman, and caused him to be hand- cuffed, and to be imprisoned in a police station, and thence to be taken in custody to a police office, and there to be further im- prisoned, whereby the Plaintiff was put to expense in procuring his liberation from such imprisonment and in finding bail for his sub- sequent appearance before a Justice of the Peace ; and the plaintiff claims £30 damages. (Illegal distress.) _ C. For that the Defendant, under a certain distress for rent due from the Plaintiff to him, seized and sold more goods and chattels of the Plaintiff both in quantity and value than were reasonably sufficient to satisfy the arrears of rent due, and the costs of the dis- tress ; and the Plaintiff claims £20 damages. (Assault.) D. For that the Defendant assaulted, beat, and wounded the Plaintiff, in consequence whereof the Plaintiff suffered much pain, and waB confined to his bed, and put to expense in obtaining medical advice and attendance to cure him of the injuries inflicted by such beating and wounding; and the Plaintiff claims £100 damages. (Libel.) E. For that the Defendant falsely and maliciously wrote and published of and con- cerning the Plaintiff the words following : "he is a Ua/r, a blackguard, and a scoun- drel;" and the Plaintiff claims £200 damages. (Libel of plaintiff in the way of his trade.) F. For that the Defendant falsely and maliciously caused to be printed and pub- lished of and concerning the Plaintiff in the way of his trade as a grocer, the words follow- ing : " Mr. A.B. sands his sugar and dusts his pepper," whereby the Plaintiff was in- jured in his trade, and lost the custom of several persons, particularly X, Y, and Z, who had before dealt at the Plaintiff's shop ; and the Plaintiff claims £50 damages. (Slander.) G. For that the Defendant falsely and maliciously spoke and published of and con- cerning the Plaintiff the words following : " A.B. is a thief, and stole Mr. Brown's ducks;" and the Plaintiff claims £30 da- mages. (Slander of plaintiff in the way of his calling.) H. For that the Defendant falsely and maliciously spoke and published of and con- cerning the Plaintiff, in the way of his busi- ness and calling as a ratcatcher, the words following : " A.B. is a great rogue, and in- stead of doing his best to kill the rats he en- courages the breed, so that he may have more employment from the farmers," whereby the plaintiff was injured in his business, and several farmers, particularly X, Y, and Z, who had usually employed him to kill the rats on their farms, ceased to do so ; and the Plaintiff claims £20 damages. (Seduction.) J. For that the Defendant debauched and carnally knew M.Q., then being the daughter and servant of the Plaintiff, whereby the said M.Q. became pregnant, and was delivered of a child; and the Plaintiff thereby lost her services, and incurred expense in nursing and obtaining medical assistance and attendance for her; and the Plaintiff olaims £100 da- mages. Above is the statement of the Plaintiff's cause of action. Dated this day of 18 . A.B., Plaintiff, or E.F., Plaintiffs solicitor. To the Registrar of the Court and to the Defendant. [N.B. — The above forms are only given as examples ; and the statement of the Plain- tiff's cause of action must in all cases be according to the facts, and be as concise as -le.] 76. Notice of Trial of Action of Tort re- mitted for Trial in a County Court. (Order XXXIII., Rule 1.) Being an action of tort commenced in the High Court of Justioe, and remitted by order of a Judge thereof [or Master or District Registrar[, under section 10 of " The County Courts Act, 1867," to be tried in this Court. Take notioe, that this action will be tried at a Court to be holden on the day of at o'clook in the forenoon. [N.B. — To the notice sent to the Defendant the Registrar must annex a copy of the state- ment of the Plaintiff's cause of action.'] Vol. 55.] ORDERS AND RULES. 189 77. Particulars to be delivered by Claimant when Interpleader transferred from the High Court. (Order XXXIIL, Rule 9.) [Commence as in Form 72.] The following are the names and addresses of the parties and solicitors to the inter- pleader proceeding directed to be transferred to this Court by order dated — Viz. : — of the claimant, A.B., of (address and description). of his solicitor, CD., of ,, » of the execution creditor, E.F., of » » of his solicitor, Q.H., of ,, „ The proceeding transferred is an issue to try whether certain goods seized by the Sheriff of Middlesex, under an execution from the High Court in an action in which the said E.F. was Plaintiff and I.E. De- fendant, are the property of the said A.B., the claimant, or of the said E.F., the execu- tion creditor. I request that the said issue may be en- tered for hearing. Claimant. To the Registrar. 78. Notice of Application for Directions. (Order XV.,' Rule 2.) Take notice, that I intend to apply to the Judge [or Registrar] of this Court, on the day of 18 , for an order for [further] directions. [Here state all matters or proceedings pre- vious to trial on which directions are re- quired.] To Signature of Applicant. 79. Order for Directions. (Order XV., Rule 1.) _ Upon hearing the application of it is ordered as follows : — That [Here insert the directions ordered and that either party may apply for further directions upon giving fresh notice.] 80. Notice of Day of Trial under Order XV. (Order XV., Rule 6.) Take notice, that the trial of this action will take place on the day of 18 , at o'clock in the forenoon. To 81. Order for Affidavit as to Documents. (Order XVI., Rule 10.) Upon hearing It is ordered that the do, within days from the date of this order answer on affidavit stating what documents are or have been in possession or power relating to the matters in question in this action, and that the costs of this appli- cation be Dated the day of 18 . 82. Affidavit as to Documents. (Order XVI., Rule 11.) I, the above-named Defendant, CD., make oath and say as follows : — 1. I have in my possession or power the documents relating to the matters in ques- tion in this action set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto. 3. That [here state upon what grounds the objection is made, and verify the facts as far as may be]. 4. I have had, but have not now, in my possession or power the documents relating to the matters in question in this action set forth in the second schedule hereto. 5. The last-mentioned documents were last in my possession or power on [state when]. 6. That [here state what has become of the last-mentioned documents, and in whose possession they now are]. 7. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, custody, or power, or in the possession, custody, or power of my solicitors or agents, solicitor or agent, or in the possession, custody, or power of any other persons or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document 190 SUPREME COURT OF JUDICATURE. [Law J. whatsoever, relating to the matters in ques- tion in this action, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and ex- cept the documents set forth in the said first and second schedules hereto. 83. Oedee foe Delivery of Interrogatories. (Order XVI., Rule 2.) Upon hearing It is ordered that the be at liberty to deliver to the interrogatories in writing, and that the said do on or before the answer the interrogatories in writing by affidavit, and return such answers [to me for filing on or before the , and that the costs of this application be Dated the day of 18 . Registrar. 84. Interrogatories. (Order XVI., Rule 5.) [Heading as in Form 2.] Interrogatories on behalf of the above- named [Plaintiff, or Defendant O.D.1 for the examination of the above-named [Defendants E.F. and a.H. or Plaintiff]. 1. Did not, &c. 2. Has not, &c. &c. &c. &c. [The Defendant E.F. is required to an- swer the interrogatories numbered .] [The Defendant &.H. is required to an- swer the interrogatories numbered .] Order for an Oral Examination foe in- sufficient Answer to Inteerogatoeies. (Order XVI., Rule 9.) Upon hearing the parties, their solicitors or agents [or counsel] on both sides, I do order that the Plaintiff [or Defendant] do attend before the Registrar of this Court at on the day of , 18 , at o'clock in the noon, to be by him orally examined as to the points mentioned in the paper-writing hereunto annexed, the Plaintiffs [or Defendant's] answers to the interrogatories delivered to him in this action being insufficient in such points. I further order that the costs of the ex- amination, and of the proceedings herein, as may be taxed by the Registrar, shall be paid by [or shall abide the event, or as otherwise ordered]. Dated this day of , 18 . Order 87. to produce Documents for spection. In- (Order XVI., Rules 12, 16.) It is ordered that the do, at all seasonable times, on reasonable notice, pro- duce at [insert place of inspection], situate at the following documents, namely , and that the be at liberty to inspect and peruse the documents so produced, and to take copies and abstracts theraof and extracts therefrom, at expense, and that in the meantime all further proceedings be stayed, and that the costs of this application be Dated the day of , 18 . 85. Answer to Inteeeogatobies. (Order XVI., Rule 8.) The answer of the above-named Defendant E.F. to the interrogatories for his examina- tion by the above-named Plaintiff. In answer to the said interrogatories, I, the above-named E.F., make oath and say as follows — 88. Notice to produce Dooumemts for In- spection. (Order XVI., Rules 13, 14.) Take notice, that the [Plaintiff or Defen- dant] requires you to produce for his inspec- tion the following documents referred to in your [particulars of claim, or of defence, or affidavit, dated the day of ]. Describe documents required. X.Y., To Z., Solicitor to the Solicitor for Vol. 55.] ORDERS AND RULES. 191 89. Notice to inspect Documents. (Order XVI., Rule 15.) Take notice, that you can inspect the docu- ments mentioned in your notice of the day of {except the deed numbered in that notice] a,t\insert place of inspection] on next the inst., between the hours of 12 and 4 o'clock. Or, that the [Plaintiff or Defendant] objects to giving you inspection of the documents mentioned in your notice of the day of , on the ground that [state tlie ground] : — Copies. Description of Document Register of baptism "1 of A.B. in the \ parish of X J Letter — Plaintiff to "1 Defendant J Jan. 1, 1848. Feb. 1, 1848. Original or Dupli- cate served, sent, or delivered, ■when, how, and by whom Sent by General Post, Feb. 2nd, 1848. 90. Notice to Admit and Inspect. (Order XVIII., Rules 5, 6.) Take notice, that the Plaintiff [or Defen- dant] in this action proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the Defendant [or Plaintiff], his solicitor or agent, at on the day of , 18 , between the hours of and , and the Defendant or Plaintiff is hereby required within forty-eight hours from the last-mentioned hour to admit, saving all just exceptions to the admissibility of all such documents as evidence in this action, that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been, that such as are specified as copies are true copies, and that such documents as are stated to have been served, Bent, or delivered, were so served, sent, or delivered respectively. Dated this day of G.H., of Solicitor for Plaintiff [or Defendant]. To E.F., Solicitor for Defendant [or Plaintiff]. Originals. Description of Document Deed of covenant between A.B. of the first part, and CD. of the second part Letter — Defendant to Plaintiff . Dates Jan. 1, 1848. Mar. 1, 1848. 91. Notice to Produce (General Form). (Order XVIII., Rule 6.) Take notice, that you are hereby required to produce and shew to the Court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memoran- dum, or minute relating to the matters in question in this , and particularly [specify them]. Dated the day of , 18 . To the above-named r (Signed) of Agent for Solicitor for the h Solicitor or Agent I above-named 92. Notice to admit Facts. (Order IX., Rule 7.) Takenotice,thatthe Plaintiff [or Defendant] in this action requires the Defendant [or Plaintiff] to admit, for the purposes of this action only, the several facts respectively hereunder specified ; and the Defendant [or Plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this action. Dated, &c. G.D., Solicitor [or Agent] for the Plaintiff [or Defendant]. To E.F. Solicitor [or Agent] for the De- fendant [or Plaintiff]. The facts, the admission of which is required, are — 192 SUPREME COUET OF JUDICATURE, [Law J. 1. That John Smith died on the 1st of January, 1870. 2. That he died intestate. 3. That James Smith was his only lawful eon. 4. That Julius Smith died on the 1st of April, 1876. 5. That Julius Smith never was married. 93. Admission op Facts, pursuant to Notice. (Order IX., Rule 7.) The Defendant [or Plaintiff) in this action, for the purposes of this action only, hereby admits the several facts respectively here- under specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them, as evidence in this action. Provided that this admission is made for the purposes of this action only, and is not an admission to be used against the Defendant [or Plaintiff] on any other occasion, or by any one other than the Plaintiff [or Defen- dant or party requiring the admission]. Delivered, &c. E.F., Solicitor [or Agent] for the De- fendant [or Plaintiff J. To Q.H., Solicitor [or Agent] for the Plain- tiff [or Defendant]. Qualifications or Limita- Facts admitted tions, if any, subject to which they are admitted 1. That John Smith died on the 1st of January, 1870. 1. 2. That he died intes- tate. 2. a. That James Smith 3. But not that he was was his only law- his only lawful ful son. son. 4 That Julius Smith 4. But not that he died died on the 1st of on the 1st of April, April, 1876. 1876. 5. That Julius Smith never was married. 5. 94. Notice of Set-off or Countee-Claim. (9 & 10 Vict. c. 95. s. 76. Order X., Rule 11.) Take notice, that the Defendant intends at the hearing of this action to claim a set- off [or to set up a counter-claim] against the Plaintiffs demand, the particulars of which are annexed hereto. Dated this day of , 18 . The Defendant [or 's Solicitor]. To the Registrar of the Court. (The Registrar is to annex to this notice the particulars of set-off or counter-claim, as furnished by Defendant, sealed with the seal of the Court.) 95. Notice of Special Defence. ' (9 & 10 Vict. c. 95. s. 76.) Take notice, that the Defendant intends at the hearing of this action to give in evidence and rely upon the following ground of defence. Dated this day of , 18 . The Defendant [or 's Solicitor]. To the Registrar of the Court. Infancy. (Order X., Eule 12.) That the Defendant was an infant, with- in the age of twenty-one years, when the supposed claim arose, [or the supposed con- tract or agreement was made,] and that he was horn as he believes at in the county of on the day of Coverture. (Order X., Eule 13.) That the Defendant is now [or, that she was, at the time when the supposed claim arose, or the supposed contract or agreement was made,] the wife of of And that she was married to him at in the county of on the day of and that he resides at in the county of Statute of Limitation. (Order X., Eule 14.) That the claim for which the Defendant is summoned is barred by a Statute of Limi- tation [here set forth the Statute and the date from which it began to run]. Bankruptcy. (Order X., Eule 16.) That the Defendant is a discharged bankrupt, and obtained his order of dis- charge from the [here state Court] on the day of Liquidation or scheme of arrangement. That the Defendant was discharged by resolution of hiB creditors under seotion 125 of the Bankruptcy Act, 1869, which was duly Vol. 55.] ORDERS AND RULES. 193 registered in the London Court of Bank- ruptcy [or elsewhere, as the case may be] on the day of , 18 [or that the Defendant was discharged by composition or scheme of arrangement pursuant to section 18 of the Bankruptcy Aot, 1883, on the day ,18 ]. Libel or slander. (Order X., Rule 16.) That the libel [or slander] complained of is true in substance and in fact. Statutory defence. (Order X., Rule 18.) That no notice of action was given to the Defendant, pursuant to Equitable defence. (Order X., Rule 19.) Take notice, that the Defendant intends at the hearing of this action to rely as a matter of defence on the statement hereunto annexed. Statement. The facts constituting the equitable defence to this action are as follows : — [Here set out the facts as concisely as pos- sible, and number the paragraphs as in an affidavit.] Note. — Notices of Special Defence, in cases commenced in a superior Court and sent to the County Court for trial under sections 7 or 10 of 30 <& 31 Vict. c. 142, must have, in addition to the usual headings, the special headings provided for those cases. 96. Notice to be given by Defendant under 6 & 7 Vict. c. 96. s. 1, in an Action for Libel or Slander remitted for Trial in a County Court. (30 & 31 Vict. c. 142. s. 10.) Being an action for libel [or slander] com- menced in the High Court of Justice, and remitted by order of a Judge [or Master or District Begistrar] thereof under section 10 of " The County Courts Act, 1867," to be tried before this Court. Take notice, that the Defendant on the trial of this action will give in evidence in mitigation of damages that he made [or offered] an apology to the Plaintiff for the libel [or slander] complained of before the commencement of the action [or as soon after the commencement of the action as he had an opportunity of so doing]. To the Registrar of the Court and to the Plaintiff. 97. Notice to be given by Defendant under 6 & 7 Vict. c. 96. s. 2, in an Action for Libel remitted for Trial in a County Court. Being an action for libel commenced in the High Court of Justice, and remitted by order of a Judge [or Master or District Be- gistrar] thereof under section 10 of " The County Courts Act, 1867," to be tried before this Court. Take notice, that the Defendant on the trial of this action will give in evidence and rely upon the following ground of defence : (that is to say), That the libel was inserted in the news- paper called or known by the name of without actual malice and without gross negligence, and that before the commencement of the action [or as soon after the commencement of the action as he had an opportunity of doing so] the Defen- dant inserted in the said newspaper [or offered to publish in any newspaper or pe- riodical publication to be selected by the Plaintiff] a full apology for the said libel, and that the defendant has paid into Court £ by way of amends for the injury sustained by the Plaintiff by the publication of the said libel. Dated this day of , 18 . CD., Defendant, or E.F., Defendant's Solicitor. To the Begistrar of the Court and to the Plaintiff. [N.B. — If the libel was published in any periodical publication other than a news- paper, alter the notice accordingly.] Vol. 55.— Okdees and Rules. Defendant's Statements. (Order X., Bule.9.) I, the undersigned defendant [or one of the Defendants], disclaim all interest under the will of the said E.F. named in the Plaintiff's particulars [or as heir-at-law of, or as next- of-kin, or one of the next-of-kin of E.F., deceased, named in the Plaintiffs particulars]- Or, I, the undersigned Defendant, state that I admit [or deny] [here repeat in the language of the particulars the statements admitted or denied]. Or, I, the undersigned Defendant, submit that upon the facts stated in the Plaintiffs particulars it does not appear that there is any agreement which can be legally enforced [or that it appears upon the Plaintiffs par- 2B 194 SUPREME COURT OF JUDICATURE. [Law J. ticulare that I am jointly liable with one E.F. who is not a party to the action, and not severally liable as by the particulars ap- pear, or that it appears by the said Plaintiff's particulars that G.H. should have been a joint Plaintiff with the said A.B. in the said action, or as the case may be]. Or, that the Plaintiff has conveyed [or assigned] his interest in the said mortgage [or equity of redemption] to one I.J., or that I have conveyed or assigned to H.L., by way of further charge for securing the sum of £ , the equity of redemption in the property sought by the action to be fore- closed. Or, that' since the dissolution of the part- nership the Plaintiff has executed a deed under seal, whereby the Plaintiff covenants to discharge all debts and liabilities of the partnership, and generally to release me from all claims and liabilities either by or to himself and others in respect of the said partnership trading [or as the case may be], (Signed) CD., Defendant. Where filed by solicitor add — This statement was filed by , of , Solicitor for the Defendant. 99. Notice of Objection to Jueisdiction. (Order X., Eule 6.) Take notice, that under the provisions of section 39 of the County Courts Act, 1856, I object to this action being tried in the County Court ; and I propose as my sureties [here state the full names and additions of the sureties, whether housekeepers or free- holders, and their residences for the last six months, therein mentioning the county or city, places, streets, and numbers, if any [or, and I propose to deposit a sum of money in lieu of giving sureties]. Defendant. To the Registrar of the said Court. 100. Bond where Notice op Objection to Jurisdiction given. Know all men by these presents, that we, A.B., of, &c, and CD., of, &c, and E.F., of, &c, are jointly and severally held and firmly bound to G.H., of, &c, in £ * to be paid * A sum sufficient to cover the amount claimed, and costs of trial in High Court of Justice, not exceeding in the whole 1501. to the said G.H., or his certain attorney, executors, administrators, or assigns. For which payment to be made we bind ourselves and each and every of us, in the whole, our and each of our heirs, executors, and ad- ministrators, jointly and severally, firmly by these presents. t Sealed with our seals and dated this day of , one thousand eight hundred and Whereas an action has been brought in the County Court of holden at wherein the above- mentioned G.H. is Plaintiff, and the above- bounden A.B. is Defendant : And whereas the said A.B. has given due notice to the said G.H. of his, the said A.B.'s, objection to the said action being tried in the said Court, as provided by section 39 of 19 & 20 Vict. c. 108 : And whereas it is by the same section of the said statute provided that the party who shall object shall give security, to be approved by the Registrar of the Court aforesaid, for the amount claimed, and the costs of trial in the High Court of Justice : And .whereas the above-named CD. and E.F., at the request of the said A.B., have agreed to enter into the above-written obliga- tion for the purposes aforesaid, and the se- curity intended to be hereby given has been approved of by the Registrar of the said County Court, as appears by his allowance'jh the margin hereof : % Now the condition of this obligation is such that if the above-bounden A.B., CD., and E.F., any or either of them, shall pay unto the said. G.H., his executors, administrators, or as- signs, the costs of the trial in the High Court of Justice, and the amount for which a verdict may pass against the said A.B., then this obligation shall be void, otherwise shall remain in full force. A.B. (l.s.) CD. (l.s.) E.F. (l.s.) Signed, sealed, and delivered by the above- bounden in the presence of .§ (19 & 20 Vict. c. 108. s. 71.) Note. — If a deposit of money be made, the memorandum thereof should follow the terms of the condition of the bond, and will not require a stamp. f For Notice of Sweties and Affidavit of Jus- tification, see forms 116 and 117. t I approve of this bond. I.K., (L.S.) Registrar. § This bond requires a stamp. Vol. 55.] OEDEES AND RULES. 195 101. Notice of Objection to Jurisdiction to try Counter-claim. (47 & 48 Vict. o. 61. s. 18. Order X., Rule 3.) Take" notice, that the Plaintiff objects to the Court giving any relief upon the counter- claim raised in this action beyond that which the Court was by law enabled to give prior to the coming into operation of the Supreme Court of Judicature Act, 1884. And further take notioe that the Plaintiff will, on the day appointed for the trial of this action, apply to the Judge to adjudicate upon the original claim herein. Plaintiff. To the Registrar and the Defendant. [N.B. — Upon your applying for the above amount it will be necessary that you should produce the plaint-note given to you on the entry of the plaint.] 104. Acceptance of Sum paid into Court. (Order IX., Rule 12.) Take notice, that the plaintiff accepts the sum of £ paid by you into Court in satisfaction of the claim in respeot of which it is paid in. Dated this of 18 . Plaintiff. 102. Notice of Payment into Court of whole Claim. (Order IX., Rule 11.) Take notice, that the Defendant has paid into Court the full amount of your demand in this action, together with your costs therein. [N.B. — Upon your applying for the above amount, it will be necessary that you should produce the plaint-note given to you on the entry of the plaint.] 103. Notice of Payment or Part of Claim into Court. (Order IX., Rule 11.) Take notioe, that the Defendant has this day paid into Court the sum of £ If you elect to accept the same in full satis- faction of the sum claimed, and the costs you have incurred, and send to the Registrar of this Court and to the Defendant, a written notioe forthwith, by post, or by leaving the same at the Registrar's office and at the Defendant's place of abode or business, the action will be discontinued, and you will be liable to no further costs. In default of such notice the said sum will be retained and the action proceeded with. If you do not appear at the hearing you will be liable to pay to the Defendant such costs as he may incur for appearing at the hearing, or such other sum of money as the Judge may order, for ex- penses subsequent to the payment into Court. Dated tljis day of 18 . Registrar of the Court. To the Plaintiff. 105. Notice by Defendant to Third Party. (Order XL, Rule 1.) To Mr. X.Y., of [address and description.] Take notice, that this action has been brought by the Plaintiff againBt the Defen- dant [as surety for M.N., upon a bond con- ditioned for payment of Wl. and interest to the Plaintiff. The defendant claims to be entitled to contribution from you to the extent of one half of any sum which the plaintiff may recover against him, on the ground that iiou are Ms co-surety under the said bond or, also surety for the said M.N., in respect of the said matter, under another bond made by you in favour of the said plaintiff, dated the day of 18 ]. [Or, as acceptor of a bill of exchange for 501., dated the day of 18 , drawn by you before and accepted by the defendant, and payable three months after date. The defendant claims to be indemnified by you against liability under the said bill, on the ground that it was accepted for your accommodation.] [Or, to recover damages for a breach of a contract for the sale and delwery to the plaintiff of 100 tons of coal. The defendant claims to be indemnified by you against liability in respect of the said contract, or any breach thereof, on the ground that it was made by him on your behalf and as your agent.] And take notice that if you wish to dis- pute the plaintiffs claim in this action as against the defendant CD., you must appear at this Court on the return day of the sum- mons in this action, a copy of which summons is hereunto annexed. In default of your so appearing you will 196 SUPBEME COUBT OF JUDICATUBE. [Law J. not be entitled in any future proceeding be- tween the Defendant CD. and yourself to dispute the validity of the judgment in this action, whether obtained by consent or other- wise (Signed CD. Or, L.M. Solicitor for the Defendant. CD. 106. Notice to Defendant of non-sufficiency of Affidavit under Order XII., Eule 9. Take notice, that the affidavit filed by you does not disclose a good defence to this action on the merits thereof, and you must there- fore attend the Court in pursuance of your summons [or where the affidavit has ac- companied the notice of defence required by a default summons, upon the day men- tioned in the notice sent herewith.] 107. Notice to Plaintiff to deposit Sum in Court under Order XII., Eule 9. Take notice, that the above-named Defen- dant (whose residence or place of business is more than twenty miles distant from this Court) having filed, with me an affidavit dis- closing a good defence to this action upon the merits, you are required within two days from the date hereof to deposit in Court the sum of £ , to abide the event of this action. And also take notice that in default of your making such deposit as directed the action will be struck out. 108. Notice to Defendant of Deposit under Order XII., Bole 9, havinq been made, OR NOT HAVING BEEN MADE. Take notice, that the plaintiff has this day deposited with me the Bum of £ , to abide the event of this action. Or, Take notice that the Plaintiff has not deposited with me any sum of money to abide the event of this action. The action will be struck out and you need not attend the Court in pursuance of your summons. a copy of which order is hereunto annexed, together with a copy of the summons in the action, you were ordered to be added as one of the Defendants in the above action. And further take notice that the hearing of the above action has been adjourned to the day of at o'clock in the forenoon, and that if you do not attend at the court-house at upon the day and at the hour above-mentioned, either in per- son or by your solioitor, suoh order will be made and proceedings taken as the Judge may think fit. 110. Notice by Plaintiff to Individual Mem- bers of a Firm that Judgment may be given against them. (Order III., Bule 15.) Take notice, that at the trial of this action the Judge will be asked to give judgment against each of you as being co-partners in the firm of [state firnf], and that unless suffi- cient cause be shewn by you or any of you to the contrary at such trial, judgment will be given against you or such of you as do not shew sufficient cause to the contrary at the trial. 111. Notice to Plaintiff that Defendant de- fends ON BEHALF OF OTHERS. (Order III., Eule 8.) Take notice, that the above-named Defen- dant has obtained an order for leave to de- fend the above action on behalf of or for the benefit of [state names of persons as in order], as well as on his own behalf. You may, if you think fit, object at the trial to the Defendant defending on behalf of all or any of such persons. The affidavit on which the above-mentioned order was made is filed at my office and may be inspected by you. Dated this of 18 Registrar. To the above-named Plaintiff. 112. 109. Notice to Parties whose Names are added as Defendants. (Order XIV., Eule 2. Order XIV., Eule 12.) I hereby give you notice that by an order of this Court, dated the day of , Notice to Eegistrar of Change in Plain- tiff's Title before Judgment. (Order XVII., Eule 2.) * I hereby give you notice that , the Plaintiff in the above action, died upon the day of , and. that his last * By exeoutor or administrator. Vol. 55.] OEDERS AND EULES. 197 will and testament were duly proved by me in the principal [or district] probate registry of the Probate, Divorce, and Admiralty Division of Her Majesty's High Court of Justice [or that letters of administration to his personal estate and effects were duly granted to me] upon the day of 18 , and that 1 am the executor of his said will [or that I am the adminis- trator of the personal estate and effects of the said deceased.] t [Or, The above-named by an assignment dated the day of duly assigned all his interest in the subject- matter of the above action to me, the under- signed.] And further take notice that I am desirous of being substituted as Plaintiff in the above action against the above-named Defendant in the place of the said [or in ad- dition to the said Plaintiff.] Dated this day of {Signature) To the Eegistrar of the Court and to the above-named Defendant. t By assignee. 113. Notice to Dependant op Change in Plain- tiff's Title before Judgment. (Order XVII., Eules 2 and 3.) I hereby give you notice that of as executor of the last will and testament of deceased [or as ad- ministrator of the personal estate and effects °f deceased [or as assignee under an assignment dated the day of has this day filed an affidavit, together with a notice, a copy of which notice is hereunto annexed, stating that he is desirous of being substituted as a Plaintiff in the above action against you in the place of [or added as a Plaintiff with] the above-named plaintiff in the above action against you. And further take notice that unless you appear at the hearing of this action upon the day of 18 , at o'clock in the forenoon, to shew cause against the same, the said will be substituted for [or made a joint plaintiff with] the above- named Plaintiff. [N.B. — Similar notices upon change in defendant's title before judgment may be prepared from this and the last form.] 114. Okdek to continue Proceedings against a new Party. (Order XVII. Eules 4, 5.) Upon hearing who alleged [state circumstances rendering the order necessary], it is ordered that the proceedings in this action be carried on between the Plaintiffs [name the continuing Plaintiffs] and the Defen- dants [name the continuing Defendants] and A.B. [the person upon whom the interest or liability has devolved]. Judge or Eegistrar. 115. Order for Issue of Execution after Death or Change of Interest or Liabi- lity after Judgment. (Order XXV. Eule 9.) Upon hearing [or, when required, reading the affidavit of ] it is ordered that E.F., the executor of A.B., the Plaintiff in this action, who has died since judgment, be substituted as Plaintiff for the original Plain- tiff, and that the said E.F. be at liberty to issue execution against CD., the Defendant, for the amount of the unsatisfied judgment and costs, [or that the question whether E.F., the executor of A.B., the original Plain- tiff now deceased, is entitled to recover the amount of the judgment obtained against CD. the Defendant and costs, shall be tried by action to be commenced by plaint in the ordinary way, wherein the said E.F. shall be Plaintiff and the said CD. Defendant]. Judge or Eegistrar. 116. Order for Consolidation. (Order VII. Eules 1 and 4; Order XII. Eule 11.) In the County Court of, &c. Plaint No. . Between A.B., Plaintiff, and CD., Defendant, and Plaint No. . Between A.B., Plaintiff, and CD., Defendant. [Add the plaint numbers and titles of all the actions to be consolidated.] "Whereas the said A.B. has commenced the [two] actions above mentioned against the said CD. for or in respect of different 198 SUPREME COUET OE JUDICATUEE. [Law J. causes of action which might have been joined in one action, and whereas the aggre- gate amount of the debts and damages claimed [or the aggregate claims] in the said actions does [or do] not exceed the jurisdic- tion of this Court : I do therefore order that the said actions be consolidated and tried together as one action [add any special terms]. [And I do further order that the Plaintiff do pay and bear in any event all costs thrown away by reason of the bringing of [two] actions instead of one, and that the costs of and incident to this application and the order consequent thereon be Defendant's costs in any event.] And I do further order that this order shall be drawn up and served on the said A.B. Judge. 117. Undertaking by Defendant applying foe Stay of Proceedings. (Order VIII. Eule 2.) In the County Court of, &c. Plaint No. . Between A.B., Plaintiff, and CD., Defendant, and Plaint No. . Between F.F., Plaintiff, and CD., Defendant. Whereas the above-mentioned actions have been brought in this Court by the said A,B. and E.F. against me, and whereas the causes of action in the said actions arise out of the same alleged breach of contract [or wrong or breach of duty]. Now, therefore, I undertake to be bound, so far as my liability in the said actions is concerned, by the judgment of the Court, in either of the said actions which may be selected by the Judge. CD., Defendant. 118. Order to stay Proceedings. (Order VIII. Eule 2; Order XII. Eule 11.) [Title as in Form 117.] Whereas the above actions have been com- menced in this Court against the said CD. for or in respect of causes of action arising out of the same breach of contract [or wrong or breach of duty] : And whereas the said CD. has filed an undertaking to be bound, so far as his lia- bility to the Plaintiffs, A.B. and E.F., in the said actions is concerned, by the decision of the Court in one of such actions : I do therefore order that all proceedings in the second-mentioned action be stayed until judgment shall have been given in the first-mentioned action. [And I do further order that the costs of this application and of the order consequent thereon be costs in the first-mentioned action and abide the event thereof.] And I do further order that this order shall be drawn up and served on the said A.B. and E.F. Judge. 119. Certificate of Deposit. (19 & 20 Vict. c. 108. s. 71.) I do hereby certify that the Plaintiff [or Defendant] has paid into my hands the sum of £ [here state the proceeding which has rendered the deposit necessary]. Dated this day of 18 . Eegistrar of the Court. 120. Notice of Proposed Sureties. (Order XXIX. Eule 1). Take notice, that the sureties whom I pro- pose as my security in the al>ove action [here state the proceeding which has rendered the sureties necessary] are [here state the full names and additions of the sureties, whether housekeepers or freeholders, and their re- sidences for the last six months, therein menUorwng the county or city, places, streets, and numbers, if any]. Dated this day of 18 . To the 121. Affidavit of Justification. (Order XXIX. Eule 2.) I, , of , one of the sureties for the Defendant, make oath and say, that I am a housekeeper [or freeholder, as the case may be], residing [de- scribing particularly the county or city, the street or place, and the number of the house, if any], that I am worth property to the amount of £ [the amount required by the practice of the Court] over and above what will pay my just debts [if security in any other action or for any other purpose, add, and every other sum for which I am now security], that I am not bail or security in any other action or proceeding or for any Vol. 55.] ORDERS AND RULES. 199 other person [or if security m amy other action or actions, add, except fqr CD., at the suit of E.F., in the Court of in the sum of £ ]. 122. Notice by Registrar op Day and Hour upon which Bond to be executed. (Order XXIX. Rule 1.) Take notice, that I have appointed the day of 18 , at o'clock in the forenoon, at my office, for the and his sureties to execute the bond proposed to be given in the above action. [To be- added to notice to obligee : — And further take notice that if you have any valid objection to make to the sureties, or either of them, such objection must then be made.] Dated this day of 18 . Registrar of the Court. To the Plaintiff [or Defendant]. 123. Order for changing Venue. (19 & 20 Vict. c. 108. ss. 20, 22.) It is ordered, that the venue in the above action be changed, and that the action be sent for hearing to the County Court- of holden at To the Plaintiff and Defendant. 124. Notice by Court, to which an Action has been sent, of the day of trial. (19 & 20 Vict. c. 108. ss. 20, 22.) Take notice, that the above action has been sent for trial to this Court, and that it is appointed to be tried in this Court on the day of 18 , at the hour of in the noon. To the Plaintiff and Defendant. 125. Consent that Court shall decide in an Action where Title has incidentally come in question. (19 & 20 Vict. e. 108. s. 25.) We [or the respective Solicitors of], the Plaintiff and Defendant, do hereby, under the provisions of section 25 of The County Courts Act, 1856, consent that this action shall be decided by His Honour the Judge of this Court. "Witness our hands, this day of 18 . Plaintiff [or 's Solicitor]. Defendant [or 's Solicitor]. 126. Notice to be sent to both Parties of Trial where Action sent down by High Court of Justice. Whereas, under the provision of section 26 of The County Courts Act, 1856, an action com- menced in the High Court of Justice, wherein A.B. of, &c, is Plaintiff, and CD. of, &c, is Defendant, has been ordered by a Judge thereof [or master or district Registrar] to be tried in this Court : Take notice, that the said action will be tried in this Court on the day of of at the hour of in the noon. To Plaintiff and Defendant. 127. holden at County Court of List of Gentlemen who have consented to act as Assessors in this Court under Section 5 of the County Courts Act, 1875. (Order XXL, Rule 3.) No. Name Address Description 1 A.B. . 2 CD. . 3 E.F. . 4 G.S. . 5 I.E.. . 6 L.M. . 7 N.O. . 8 P.Q. . . 9 R.S. . 10 T.V. . 11 V.W. . 12 X.Y. . 128. at Application for Assessors. (Order XXL, Rule 7.) No. of Plaint. In the County Court of holden Between Plaintiff, and Defendant. The Plaintiff [or Defendant] applies to have 200 SUPREME COURT OF JUDICATURE. [Law J. this action tried with an assessor [or asses- sors], and he submits to His Honour the Judge the name of No. 1, A.B., merchant [or, as the case may be], [or No. 4, G.H\ and No. 9, B.S.], as fit persons to be summoned to act as assessors. * The Defendant [or Plaintiff] consents to the appointment of the assessors herein named, as appears by his consent thereto filed herewith. Dated this of , 18 . Plaintiff [or Defendant]. Memorandum of Consent by Judge. I consent to try this action with the assist- ance of the assessors [or, as the case may be]. Judge. "When the application is in an action under the Employers' Liability Act, substitute as follows for the first paragraph. (Order XLIV., Rule 6.) The Plaintiff [or Defendant] applies to have an assessor [or assessors] appointed to assist the Court in ascertaining the amount of compensation to be awarded to the Plaintiff, should the judgment be in his favour ; and he submits the names of the following persons, who have expressed their willingness in writ- ing to act as assessors, should they be ap- pointed. (Here set out the names, addresses, and occupations of the persons above referred to.) * Where the other party does not consent, or where the other party has filed an application for the appointment of assessors, strike this paragraph out. at 129. Summons to Assessors. (Order XXI.) In the County Court of holden .No. [Title of Action] [Seal.) The day of , 18 . Sir, You are hereby summoned to attend and serve as an assessor in this Court on the day of , 18 , at the hour of in the noon, to assist the Judge of the Court in the hearing and deter- mination of this action under section 5 of the County Courts Act, 1875. I am, Sir, Your obedient Servant, Registrar. To , of 130. Notice to opposite Party of Names of Assessors suggested by Party applying that the Action should be tried with their Assistance. (Order XXI., Rule 9.) Take notice that the Plaintiff" [or Defen- dant] having applied to His Honour the Judge for the appointment of assessors to assist him in trying this action, His Honour the Judge is willing that it should be so tried. Below are the names of the assessors the Plaintiff [or Defendant] desires should be summoned. Should you have any objection to their acting as assessors, you must forthwith send me in writing your reasons for your objection and must mention the names of any other of the assessors of this Court whom you are willing should be summoned. Should you have no objection to the asses- sors named being summoned, you must forth- with sign this notice and return it to me. No. 1, A.B., of , Merchant. No. 4, G.H., of , Merchant. The Plaintiff [or Defendant] has no objec- tion to make to the above assessors being summoned. (Signature.) 131. Notice of Sitting to hear Objections raised by one Party to the Assessors named by the other. (Order XXI., Rule 10.) Take notice, that His Honour the Judge [or I] will on the day of , 18 , at the hour of in the noon, sit at No. Street to hear the objections made by the Plaintiff [or Defen- dant] to the under-mentioned persons being summoned to act as assessors in this action. Dated this of , 18 . Registrar of the Court. To the above-named Plaintiff and Defen- dant. 132. Order upon hearing Objection to proposed Assessors. (Order XXI., Rule 10.) Upon the hearing of the objections made by the Plaintiff [or Defendant] to the under- mentioned persons being summoned to act as assessors in this action [here insert order]. By the Court, Registrar. .Vol. 55.] ORDERS AND RULES. 201 •133. ' Notice of Refusal to summon Assessors. (Order XXI., Rule 8.) I hereby give you notice that His Honour the Judge of this Court has directed me to inform you that your application for assessors to be summoned to assist him at the hearing of the above action is refused, he being of opinion that the appointment of such asses- sors is unnecessary in the present action. Dated this day of , 18 . To Registrar, of 134. Summons where a Defendant sued by an Assignee has had notice that the As- signment is disputed by the Assignor. (Order XXVII., Rule 13.) [Title of Action.] "Whereas the Defendant in this, action has had notice from you that you dispute the assignment of the subject-matter in dispute between the Plaintiff and Defendant in this action [or that you claim the subject-matter in this action] ; You are therefore summoned to appear at a Court to be holden at on the day of at the hour of in the noon, when the dispute [or claim] between you and the Plaintiff will be deter- mined, and judgment be given determining the rights and claims of the Plaintiff, the Defendant, and yourself. Dated this day of 18 . Registrar. To E.F., of [here insert address and description of the person to be summoned]. 135. Summons where a Defendant sued by an Assignee has had Notice that the As- signment is disputed by the Assignor, and has paid Debt and Costs into Court. (Order XXVII., Rule 14.) [Title of Action.] "Whereas the Defendant has had notice that you dispute the assignment of the sub- ject-matter in this action : And whereas he has paid into Court the sum of £ being the amount claimed by the action, and the sum of £ for costs : This is to give you notice that you must appear at a Court to be holden on the day of at the hour of in the noon, when the Court will adjudicate. 136. Order where Assignment is invalid. (Order XXVII., Rule 13.) No. of Plaint. In the County Court of holden at Between A.B., Plaintiff, CD., Defendant, and E.F., made party by summons, dated the day of It is this day adjudged, touching the dis- pute as to the assignment of the subject- matter of this action to the Plaintiff, that there is no such assignment as alleged, and that the said E.F. do recover against the Plaintiff the sum of £ for costs, and that the Defendant do recover against the Plaintiff the sum of £ for costs. It is further adjudged that the said E.F. do recover against the Defendant the sum of £ for debt, and the sum of £ for costs, amounting together to the sum of £ It is ordered that the Plaintiff do pay the sum of £ , and the sum of £ to the Registrar on, &c. And it is further ordered that the Defen- dant do pay the sum of £ to the Registrar, &c. 137. Order where Assignment is Valid. (Order XXVII. Rule 13.) No. of Plaint. [Heading as in last Form.] It is this day adjudged, touching the dis- pute as to the assignment of the subject- matter of this action to the Plaintiff, that the said assignment is good, and that the Plaintiff do recover against E.F. the sum of £ for costs ; and that the defendant do recover from the said E.F. the sum of £ for costs. It is further adjudged that the Plaintiff do recover against the defendant the sum of £ ' for debt, and £ for costs, amounting together to the sum of £ It ■ is ordered that E.F. do pay the sum of £ and the sum of £ to the Registrar of the Court, on the day of And it is further ordered that the Defendant do pay the sum of £ to the Registrar on the day of [or by instal- ments of for every days, the first instalment to be paid on the day of 18 ]. Vol. 55.— Obdeks and Rules, 2 C 202 SUPEEME COUET OF JUDICATUEE. |_LAW J. 138. Order where Assignment is invalid and Defendant files a Counter-claim against Plaintiff. (Order XXVII. Eule 13.) [Heading as m Form 136.] It is this day adjudged, touching the dispute as to the assignment of the subject-matter of this action to the Plaintiff, that there is no such assignment as alleged, and that the counter-claim of £ against the Plaintiff by the Defendant is sustained. It is adjudged that E.F. do recover against the Defendant the sum of £ for debt, together with the sum of £ for costs, amounting together to the sum of £ It is further adjudged that the Defendant do recover against the Plaintiff the sum of £ in respect of his counter-claim and the sum of £ for costs, amounting to- gether to the sum of £ [or that judg- ment be entered for the Plaintiff upon the counter-claim with costs]. It is ordered that the Defendant do pay the sum of £ together with the sum of £ to the Eegistrar on, &c. It is further ordered that the Plaintiff do pay the sum of £ and the sum of £ to the Eegistrar on, &c. [or that the Defendant do pay to the Plaintiff the further sum of £ for costs of counter-claim.] 139. Eegistrar's Notice of Jury. (9 & 10 Vict. c. 95. s. 70.) Take notice, that this action will be tried by a jury, the having demanded a jury therein. 140. Summons to Jurors. In the County Court of holden at You are hereby summoned to appear and serve as a juror in this Court, at the on the day of 18 , at the hour of in the noon, upon the trial of the action or actions to be then and there tried by jury, and in default of atten- dance you will be liable to a penalty of five pounds, under section 72 of The County Courts Act, 1846. Given under the seal of the Court this ot 18 . Eegistrar of the Court. To of 141. Order fining a Juror for Non-attendanoe, (9 & 10 Vict. c. 95. s. 72.) In the County Court of holden at Whereas was duly summoned to appear and serve this day as a juror in this Court, upon the trial of the action or actions to be tried by jury at this Court ; and whereas he has neglected, without sufficient cause shewn, to appear and serve as a juror at this. Court : It is hereby ordered, that he shall forthwith [or on the day of pay to the Eegistrar of this Court a fine of £ for such neglect. 142. Warrant of Execution against the Goods of a Juror for a Fine. (9 & 10 Vict. c. 95. ss. 87, 94.) Whereas was duly summoned to appear and serve as a juror at a Court holden on the day of upon the trial of any action or actions to be then and there tried by jury : And whereas he neglected, without sufficient cause shewn, then to appear and serve as a juror at such Court, it was thereupon ordered by the Court that he should forth- with [or on the day of ] pay to the Eegistrar of this Court a fine of £ for such neglect : And whereas the said sum has not been paid according to the said order, and His Honour the Judge of this Court has ordered it to be levied as hereinafter mentioned; these are therefore to require and order you forthwith to make and levy, by distress and sale of the goods and chattels Of the said , wheresoever they may be found within the district of this Court (excepting the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds) the sum stated at the foot of this warrant, being the amount of such fine, and the costs of this execution, and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money belonging to him, which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Eegistrar of this Court, and make return of what you have done under this warrant immediately upon the execution thereof. [Conclude as in Form 158.] Vol. 55.] ORDEES AND EULES. 203 143. Order to adjourn Proceedings. (9 & 10 Vict. c. 95. s. 81.) It is ordered, that the trial of this action be adjourned until the day of 18 , at o'clock in the noon. In default of your attendance you will be liable to a penalty of 101. Dated this day of 18 . Eegistrar of the Court. To [Here insert list of documents required to be produced.] 144. 147. Notice of Postponement of Trial. (Order XII. Eule 14.) I hereby give you notice that the trial of the above action is postponed until the day of , 18 , at o'clock in the forenoon, and if you do not attend at the court-house at upon the day, at the hour above mentioned, either in person or by your solicitor, such order will be made and proceedings taken as the Judge may deem fit. • Dated this day of 18 . Registrar. To the Plaintiff and Defendant. 145. Summons to Witness to give Evidence. (38 & 39 Vict. c. 50. s. 2.) You are hereby required to attend at [the court-house in ] on the day of 18 , at the hour of in the noon, to give evidence in the above action on behalf of the [Plaintiff or Defendant, as the case may be]. In default of your attendance you will be liable to a penalty of 101. Dated this day of 18 . Eegistrar of the Court. To 146. Affidavit of Service of Summons on a Witness. (Order XVIII. Eule 1.) I of the above-named Plaintiff [or Defendant, or I, L.M., of the solicitor for the above-named Plaintiff or Defendant, or X.Y., of a clerk or servant in the employ of L.M., the solicitor for the above-named Plaintiff or Defendant] make oath and say as follows : — 1. That I [where service made by a cleric or servant] am a clerk [or servant] in the employ of L.M., the solicitor for the above- named Plaintiff or Defendant. 2. That I] did on the day of 18 , duly serve the witness E.F., of with a summons, a true copy of which is hereunto annexed, marked " A," by delivering the same personally to the said witness E.F., at in the county of 3. That I paid the said witness E.F., at the same time and place, the sum of conduct-money in accordance with the autho- rised scale of allowances to witnesses in this honourable Court. Sworn at (Indorse the copy summons thus : — This paper, marked " A," is the paper referred to in the annexed affidavit). Summons to Witness to produce Docu- ments. (38 & 39 Vict. c. 50. s. 2 ; Order XVIII. Eule4.) You are hereby required to attend at [the court-house in ] on the day of 18 , at the hour of in the noon, on the hearing of the above action, to give evidence in behalf of and also to bring with you and produce at the time and place aforesaid the several documents hereunder specified [and all other books, papers, writings, and other documents relating to the above action which may be in your custody, possession, or power]. 148. Order fining a Witness for Non- attendance. (9 & 10 Vict. c. 95. s. 86 ; Order XVIII. Eule 4.) Whereas of was duly summoned to appear as a witness in this action at a Court this day holden, and at the time of being so summoned payment [or a tender of payment] of his expenses was made according to the scale of allowance settled by the rules of practice of the County Courts : And whereas he has neglected without sufficient cause shewn to appear at the Court [or'to produce] [here describe what he was required by such summons to produce] : or (a) Whereas being this day present in Court, and being required by the 204 SUPREME COURT OF JUDICATURE. [Law J. Court to give evidence in this action refused to be sworn, without alleging as a ground for such refusal that he had any conscientious scruples with respect to taking an oath [or, after being duly sworn, refused to give evi- dence] or to produce] [here describe what he tvas required, amd bound to produce] : It is hereby ordered that the said shall forthwith [or on the day of | pay to the Registrar of this Court a fine of £ for such neglect [or refusal]. [or, It is ordered that the said do, on or before the day of 18 , produce and leave with the Registrar of this Court at his office, situate at , the following (describe what he ivas required and bound to produce).] 149. Warrant of Execution against the Goods of a Witness for a Fine. (9 & 10 Vict. c. 95. ss. 86, 87.) Whereas was duly summoned to appear as a witness in this action at a Court holden at on the day of , 18 , and at the time of being so summoned payment [or a tender of pay- ment] of his expenses was made, according to the scale of allowance settled by the rules of practice of the County Courts; and whereas he neglected, without sufficient cause shewn, to appear at such Court [or to produce [here describe what he was required and bound to produce] : or *Whereas being pre- sent in Court on the day of , 18 , and being required by the Court to give evidence, refused to be sworn without alleging as a ground for such refusal that he had any conscientious scruples with respect to taking an oath [or after being duly sworn, refused to give evidence, or to produce, &c], it was thereupon ordered by the Court that he should forthwith [or on the day of , 18 ,] pay to the Registrar of this Court a fine of £ for such neglect [or refusal] ; and whereas the said sum has not been paid according to the said order, and the Judge of this Court has ordered it to be levied as hereinafter mentioned, these are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the said wheresoever they may be found, within the district of this Court (excepting the wearing apparel and bedding of him or his family, and the tools and implements of his trade (if any) to the value of five pounds,) the sum * Where witness is present in Court, com- mence Form here, stated at the foot of this warrant, being the amount of such- fine and the costs of this execution, and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, ' bonds, specialties, or securities for money belonging to him which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and make return of what you have done under this warrant im- mediately upon the execution thereof. Given under the seal of this Court, this day of , 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. Amount of fine . Poundage for issuing this war- rant £ s. d. Total. Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said witness. (19 & 20 Vict. c. 108. s. 46.) Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of , 18 . 150. Affidavit to obtain a Warrant to bring up a Prisoner. (19 & 20 Vict. c. 108. s. 81.) I of the Plaintiff [or Defendant] make oath and say, that the above action is appointed to be tried at this Court on the day of , 18 , and that E.F., now a prisoner confined in [state the prison] , will be a material witness for me upon the said trial. And I further say, that I am advised and verily believe that I cannot safely proceed to the trial of the said action without the testimony of the said E.F. And I do hereby make application to His Honour the Judge of this Court for a warrant, in order that the said E.F. may be brought before this Court to be examined as a witness on my behalf. Vol. 55.] ORDERS AND RULES. 205 151. Warrant to bring up a Prisoner to give Evidence, (19 & 20 Vict. o. 108. s. 81.) To [officer in whose custody the prisoner is]. Whereas trie Plaintiff [or Defendant] hath made application to me, by affidavit, for a warrant to bring up before this Court E.F., who it is said is detained as a prisoner in your custody, in order that the said E.F. may be examined as a witness on behalf of the said Plaintiff [or Defendant] in a certain action depending in this ■ Court between the said A.B., Plaintiff, and CD., Defendant: You are therefore hereby required to bring the said E.F. before this Court at [Court- house] on the day of , 18 , at o'clock in the noon, then and . there to be examined as a witness on behalf of the said Plaintiff [or Defendant] ; and immediately after the said E.F. shall have given his testimony before this Court, that you safely conduct him the said E.F. to the prison from which he shall have been brought under this warrant. 152. Order for Examination op Witnesses before Trial. and upon reading filed the day (Order XVIII. Rule 14.) Upon hearing the affidavit of of , 18 , and . It is ordered that a witness on behalf of the be examined viva voce (on oath or affirmation) before [here in- sert name of person appointed] , the solicitor [or agent giving to the solicitor or agent] notice in writing of the time and place where the examination is to take place. And it is further ordered that the examina- tion so taken be filed with the Registrar of this Court at his office situate at ", and that an office copy or copies thereof may be read and given in evidence on the trial of this action, saving all just exceptions, with- out any further proof of the absence of the said witness than the affidavit of the solicitor or agent of the as to his belief, and that the costs of this application be 153. Notice of Desire to examine Defendant as to certain Debts due to Him. (Order XXVI. Rule 1.) I, the above-named Plaintiff, am desirous, should I succeed in obtaining a judgment against the Defendant, of having him ex- amined forthwith after I have obtained such judgment, as to whether or not the following debts are due to him from the following persons- E.F. of livered G.H. of for work done. (Signed) A.B., Plaintiff. To the Registrar of the above Court. for goods sold and de. 154. Order when Garnishee present. (Order XXVI. Rule 2.) Whereas the Plaintiff has obtained a judg- ment against the Defendant for the sum of £ [here insert the a/mount of judg- ment] : Upon examination of the Defendant and E.F. of it is ordered that all debts due and owing or accruing due from the said E.F. to the above-named Defendant shall be attached to answer the said judgment debt. And it is further ordered, that the said E.F. do pay into Court the sum of , being the amount of the debt due from him to the above-named Defendant [or being so much of the debt due from him to the above- named Defendant as is sufficient to satisfy the said judgment debt] on the day of ' 155. Affidavit for Leave to summon Gar- nishee. (Order XXVI. Rule 3.) I, A.B., of , in the county of , the above-named Plaintiff, make oath and say : 1. That I, on the day of last, recovered a judgment in the County Court of , holden at , in this action against the above-named defen- dant, for the sum of £ debt and costs.. 2. That the said judgment is still wholly unsatisfied [or is still unsatisfied to the sum of £ part of the said judgment so re- covered as aforesaid]. 206 SUPREME COURT OF JUDICATURE. [LAW J. 3. That the said M.N., of , in the county of .is indebted to the said Defendant in the sum of £ 4. That the said M.N. resides or carries on business within the district of this honour- able Court [or that the cause of action be- tween the said defendant and the said M.N. arose wholly or in part within the district of this honourable Court, or that the said M.N. dwelt or carried on business within the dis- trict of this honourable Court within six calendar months of this, the day of ,18 ]. Sworn, &c. 156. Summons upon a Garnishee. (Order XXVI. Rule 3.) Between A.B., Plaintiff. {Address and description!) and CD., Defendant, (Address and description.) and M.N., Garnishee, (Address and description.) "Whereas the Plaintiff at a Court holden at on the day of , 18 , obtained a judgment against CD., of [name, address, and description] for the sum of £ for and costs, which judg- ment remains unsatisfied. And whereas the Plaintiff having filed an affidavit stating that you are indebted to the said CD., you are hereby summoned to appear at a Court holden at on the day of , 18 , at the hour of' in the noon, to shew cause why an order should not be made upon you for the payment of the amount of the said judgment, or so much thereof as shall equal the amount of the debts due and owing and accruing from you to the said CD. And take notice, that from and after the service of the summons upon you all such debts are attached to answer the said judg- ment, and that if you shall pay the said debts to the said CD., or otherwise dispose of them, you will be liable to be committed for contempt. And further take notice, that if you shall pay to the Registrar of the Court the amount of such debts, or so much thereof as will satisfy the judgment debt, five clear days before the day you are required to appear, you will incur no costs. Registrar of the Court. To the Garnishee. 157. Judgment against Garnishee. (Order XXVI., Rule 8.) "Whereas the Plaintiff at a Court holden at on the day of 18 obtained a judgment against CD. of for the sum of £ for and for costs, and which judgment remains now unsatisfied: And whereas the Plaintiff having filed an affidavit stating that the said M.N. was indebted to the said CD., the said M.N. was summoned to shew cause why he should not be ordered to pay the amount of the said judgment or so much thereof as should equal the amount of the debts due and owing and accruing from him to the said CD. ; and the said M.N. having failed to appear before the Court this day [or appeared before the Court this day, and having failed to shew cause why he should not be ordered to pay such debts or having shewn sufficient cause why he should not be ordered to pay such debts] : It is ordered, that the Plaintiff do recover against the said M.N. the sum of £ [here insert the amount of the judgment debt, or so much thereof as the debts amount to when the same are less than the judgment debt,] and £ for costs, amounting together to the sum of £ [or that the Plaintiff do pay the sum of £ for the costs of the said M.N.]. It' is ordered that the said M.N. [or Plaintiff] do pay the same to the Registrar of the -Court on the day of 18 , [or, where judgment for plaintiff, and the Judge so order, by instalments of for every days ; the first instalment to be paid on the day of 18 . 158. Execution against Garnishee. (Order XXVI., Rule 2.) "Whereas on the day of 18 it was ordered that M.N. should pay into Court the sum of being the [or so much of the] amount of debts found due from him to CD. of [here insert address and description] a judgment debtor of A.B. [or as is sufficient to satisfy the judgment of the said A.B.] ; and whereas default has been made in payment according to the said order ; these are therefore [the same as in ordinary executions]. Vol. 55.] OEDEES AND EULES. 207 159. Order to suspend Order or Judgment. (9 & 10 Vict. c. 95. s. 105.) It is ordered, that the judgment [or order] [or that the execution under the judgment [or order] 1 of this Court in this action, bear- ing date the day of 18 , be suspended until the day of 18 . 160. Order for Costs of the Day where Bule for a Certiorari or Prohibition has not been served. "Whereas a rule [or summons] has been granted by [the High Court of Justice or a Judge thereof] requiring cause to be shewn why a writ of certiorari [or prohibition] should not issue in this action, and no order has been made by such Court [or Judge] respecting the costs in this Court : And whereas a copy of such rule [or summons] has not been served on the Plaintiff [or Defendant] [or on the Begis- trar], according to section 40 of the County Courts Act, 1856 : And whereas the Plaintiff [or Defendant] has on this day appeared at this Court to prosecute [or defend] this action. It is ordered, that the Defendant [or Plaintiff] do pay the sum of £ for the Plaintiffs [or Defendant's] costs of the day, and it is ordered that the Defendant [or Plaintiff] do pay the same to the Begistrar of the Court on the day of , 18 . 161. Order for Costs of the Day where a "Writ of Certiorari or Prohibition has not been lodged. (19 & 20 Vict. c. 108. s. 41.) Whereas a writ of certiorari [or prohibi- tion] has been granted in this action by [the High Court of Justice or a Judge thereof], on the ex parte application of the Defendant Sor Plaintiff], who has not lodged it with the Registrar of the Court [or has not given notice to the Plaintiff [or Defendant] that it has issued] two clear days before this day, being the day fixed for hearing this action : And whereas the said [Court or Judge] has made no order respecting the costs of the action in this Court : And whereas the Plaintiff [or Defendant] has on this day appeared at this Court to proseoute [or defend] this action : It is ordered, that the Defendant [or Plaintiff] do pay the sum of £ for the Plaintiffs [or Defendant's] costs of the day ; and it is ordered that the Defendant [or Plaintiff] do pay the same to the Begis- trar of the Court on the day of 18 . 162. Order for a New Trial. (9 & 10 Vict, c 95. s. 89.) It is ordered, that the judgment in this case, and all subsequent proceedings thereon, be set aside, and a new trial had between the parties on [set out the terms or condi- tions, if any, on which the order is made]. 163. Notice to be sent with all "Warrants of Execution against the Goods. (Order XXV-, Bule 11.) Take notice, that the warrant of execution against your goods on the judgment obtained against you in this action is for the following amount : — Amount for which judgment was obtained . . . Since paid by you into Court . £ s. d. Bemaining due on judgment Poundage for issuing this war- rant Total amount to be levied . The costs of keeping possession of such of your goods as may be seized is sixpence in THE POUND PER DAY ON THE VALUE OF SUCH goods not exceeding 10s. per day although the value may exceed 20Z. If you pay the amount to be levied within half an hour of the entry of the bailiff, you will not be required to pay to him any further sum than the amount directed to be levied as stated above. If your goods are removed you will have to pay the appraisement fee as under men- tioned. Your goods are not to be sold until after the end of fiye days next following the day 208 SUPREME CODET OP JUDICATURE. [Law J. on which they were seized, unless they be of a perishable nature, or at your request. If your goods are sold, the following fees are chargeable for the appraisement and sale, and no others : — For the appraisement sixpence in the pound on the value of the goods appraised, over and above the stamp duty. For the sale, including advertisements, catalogues, sale, and commission, and delivery of the goods, one shilling IN THE POUND ON THE NET PRODUCE OF THE SALE. 164. Warrant of Execution against the Goods of Defendant. (9 & 10 Vict. c. 95. ss. 94, 95.) "Whereas on the day of 18 , the Plaintiff obtained a judgment in this Court against the Defendant for the sum of £ for debt [or damages] and costs ; and it was theretipon ordered by the Court that the Defendant should pay the same to the Registrar on the day of [or by instalments of for every days] : And whereas default has been made in payment according to the said order : These are therefore to require and order you forth- with to make and levy by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found, within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff _ under the said order, including the costs of 'this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, speci- alties, or securities for money of the De- fendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 18 . By the Court, Registrar of the Court. To the High Bailiff, of the said Court, and others the Bailiffs thereof. Amount for which judgment was obtained Paid into Court Remaining due Poundage for issuing this war rant .... Total amount to be levied Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said De- fendant. (19&20 Vict. c. 108. s. 46.) Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 18 . £ a. d. 165. Warrant of Execution against the Goods of Plaintiff. (9 & 10 Vict. c. 95. s. 94.) Whereas at a Court holden at on the day of 18 , it was ordered by the Court, that judgment should be entered for the defendant [or that judgment of nonsuit be entered], and that the Plaintiff should pay to the Registrar of the Court, on or before the day of the sum of £ for the Defendant's costs of suit : And whereas default has been made in payment according to the said order : These are therefore to require and order you forth- with to make and levy by distress and sale of the goods and chattels of the Plaintiff, where- soever they may be found within the district of this Court (excepting the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant being the amount due to the Defendant under the said judgment, including the costs of this execution; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Plaintiff which may there be found, or suoh part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and Vol. 55.] ORDERS AND RULES. 209 executing the same, and to pay what you shall have so levied to the Registrar of the Court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this- day of 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. £ a. d. Costs adjudged Paid into Court Remaining due . Poundage for issuing this I warrant . . .- . j Total amount to be levied . Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said Plain- tiff. (19 & 20 Vict. c. 108. s. 46.) Application was made to the Registrar for this warrant at minutes past the hour of , in the noon of the day of 18 . 167. Oedee under the Friendly Societies and other Acts. (Order XLI.) Upon hearing this action at a Court this day holden it is ordered that the Defendant do [here insert the terms of the order made by the Court] : And it is further ordered, that [recite terms of order]. 168. Order for Warrant of Execution to issue under the friendly societies and other acts. (Order XLI.) Whereas at a Court holden at on the day of , 18 , it was ordered by the said Court [here insert the terms of the order of the Court] : And it was then further ordered, that [recite terms of order]. And whereas it appears to the Court that the Defendant has not obeyed either of the said orders, although demand in that behalf was duly made upon him : It is therefore ordered, that a warrant of execution issue for the said sum, being the amount of such penalty and the costs thereof. 166. Receipt for Money levied No. ! In the County Court of at ! No. | No. of Plaint ) Between holden No. of Plaint 18 18 . Plaintiff No. of Execution Amount received , y '■ | No. of Execution • Received of the abo\ i pounds e-named shillings and and Defendant the sum of pence. , - £ '< 1 £ : ; for Bailiff. R.S. (possession man). 169. Warrant of Execution against the Goods under the Friendly Societies and other Acts. (Order XLI.) . Whereas at a Court holden at on the day of , 18 , it was ordered by the said Court, that [here insert the terms of the order of the Court] : Vol. 55. — Obdehs and Hm,™ And it was then further ordered, that [recite terms of order]. And whereas the Defendant has not obeyed either of the said orders : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court (excepting the wearing apparel and bedding of the Defen- dant or his family, and the tools and imple- 2 D 210 SUPBEME COUET OF JUDICATURE. [LAW J ments of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount of suoh penalty and costs, including the costs- of this execu- tion, and also to seize and take any money or bank notes (whether of the Bank of Eng- land or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Begis- trar of the Court, and make return of what y.ou have done under this warrant imme- diately upon the execution thereof. Given under the seal of the Court, this day of 18 . By the Court, Eegistrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. £ s. d. Amount ordered to be paid Costs adjudged Poundage for issuing this warrant .... Total amount to be levied . . Notice.— The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized unless they be of a perishable nature, or at the request of the said Defen- dant. (19 & 20 Vict. c. 108. s. 46.) Application was made to the Eegistrar for this warrant at minutes past the hour of in the noon of the day of 18 . 170. 171. Notice of Beceiving Order. (46 & 47 Vict. c. 52. s. 46. Order II., Eule 33.) Take notice, that having received notice that a reoeiving order has been made under the Bankruptcy Act, 1883, against the De- fendant, I have withdrawn from possession of the goods seized under the warrant of execu- tion issued against the Defendant [and have delivered the same to the official receiver or trustee under the said order]. High Bailiff. To the Plaintiff. Notice of Levy and Detention of Pro- ceeds for 14 Days. (Order II.j Eule 32.) Take notice that the warrant of execution issued against the goods of the Defendant has been duly executed; and that the proceeds thereof now left in my hands, after deduction of £ for the costs of execution, amount to the sum of £ , which will be duly retained by me for fourteen days pursuant to the provisions of section 46 of the Bankruptcy Act, 1883. High Bailiff. To the Plaintiff, 172. High Bailiff's Warrant to Eegistrar of Foreign Court. (9 & 10 Vict. c. 95. s. 104.) Whereas the warrant of execution hereto annexed has been issued out of this Court against the goods and chattels of : And whereas the goods and chattels of are out of the ordinary jurisdiction of this Court, and are [or is} believed to be within the jurisdiction of the County Court of holden at of which you are the Eegistrar : [or, whereas the order of commitment hereto annexed has been made against And whereas he is out of the ordinary jurisdiction of this Court, and is believed to be within ,the jurisdiction of the County Court of holden at :] These are therefore to require you to cause the said warrant [or order] to be executed within the ordinary jurisdiction of the said Jast-mentioned County Court. Dated this day of 18 . High Bailiff of the County Court of holden at To the Eegistrar of the County Court of holden at 178. Notice of Non-Execution of Warrant. (Order II., Eule 84.) Take notice, that the warrant of execution [or order of commitment] in this action has not been exeouted within one calendar month from the day of its delivery to me for the following reasons (state reasons). High Bailiff of the County Court of holden at i To the Eegistrar of the County Court of holden at ■ Vol. 55.] ORDERS AND RULES. 211 174. Return and Certificate from Foreign Court. (9 & 10 Vict. c. 95. s. 104 ; Order XXVIII. Rules 2, 3.) A.B. v. CD. Return to above Warrant of Execution [or Commitment] from the High Bailiff of the County Court of ' the County Court of holden at holden at to the High Bailiff at No. No. )f Plaint. oi Warrant. Gross amount levied or received — Man in possession _ days, on £ value of goods seized For appraisement fees on £ Extra possession under claim days (actual Costs of interpleader ordered by Court to be deducted out of the proceeds .... £ s. a. £ s. &. Net amount paid to the credit of the execution credi tor. . . ' High Bailiff. I hereby certify that the above charges are correct, and that the sum of £ was paid into Court this day of 18 . Registrar. 175. Notice to High Bailiff of Foreign Court of Complaint against him. (Order II. Rule 26.) Take notice, that, unless you shew cause to the contrary, His Honour the Judge of this Court will on the day of 18 , make an order directing you to pay to the Plaintiff the sum of £ as compen- sation for loss of time and expense incurred by him owing to your neglect to return the copy of the summons in this action within due time. 176. Notice to High Bailiff of Foreign Court of Order against him for Neglect. Order II. Rule 26. On the application of the above-named Plaintiff made the day of ' , and you not having shewn good cause to the contrary, it is ordered that within days of the service of this order upon you, you do pay to me for the use of the said Plaintiff the sum of £ as compensation for loss of time and expense incurred by him owing to your neglect to return to me the copy summons herein. Dated this of To the High Bailiff, County Court. 18 . Registrar. 177. Summons under Section 114 of 9 & 10 -Vict. c. 95, for assaulting a Bailiff of thk Court whilst in the Execution of his Duty. In the County Court of holden at In the Matter of a Complaint made by CD., of , one of the Bailiffs of the County Court of , and section 114 of 9 & 10 Vict. c. 95. 212 SUPEEME COURT OF JUDICATURE. [Law J. To A.B., of You are hereby summoned to appeal 1 at a County Court to be holden at on the day of 18 , at o'clock in the forenoon, to answer a complaint made against you by CD., one of the Bailiffs of the said Court, and to shew cause why an order should not be made against you under the 114th seotion of the County Courts Act, 1846, for payment of a sum not exceeding 51., for an assault committed by you on the day of upon the said Bailiff whilst in the execution of his duty as such Bailiff [and also for that you did on the same day rescue, or attempt to rescue, certain goods levied by the said Bailiff under process of this Court]. Dated this day of Registrar. Ta be served personally ten clear days before the return day. 178. Notice of Claim to Goods taken in Execution. (Order XXVII. Rule 1.) Take notice, that A.B. has claimed the goods [or certain goods] [where only certain goods are claimed here enumerate them] taken in execution by me under the warrant of execution issued in this action. If you admit the title of the said A.B. to the said goods, and give notice thereof to me by return of post, you will not be liable for any costs incurred after the receipt by me of your notice. Dated, &c. High Bailiff. To the Plaintiff. 179. Notice by Plaintiff of Admission of Title of Claimant. (Order XXVII. Rule 1.) Take notice, that I admit the title of A.B. to the goods seized by you under the execu- tion issued under the judgment in this action. Plaintiff. To the High Bailiff. 180. Between A.B., Plaintiff, and CD., Defendant. Take notice, that I, E.F., of [20 Elizabeth Terrace, Islington, in the county of Middle- sex, dealer in furniture], claim certain goods and chattels, to wit [or specified in the schedule hereunder written] taken in execution under process issuing out of this Court in this action, and mentioned in the interpleader summons, and that the grounds of my claim are that the said goods were assigned to me by an indenture dated the [28th day of May, 1850], and made between the said CD., the Defendant • of the one part, and me, the said E.F., the Claimant of the other part. And further take notice that I claim the 'sum of 201. from the said A.B., the Plaintiff, ■and the High Bailiff, for damages arising out •of the said exe6ution. And that the grounds ' of my claim are that they broke and entered my said house at Islington aforesaid, and that they there seized and tookaway the said goods and chattels under the said execution. Dated, &c. (Signed) E.F., Claimant. To the Execution Creditor, and the High Bailiff of this Court. Particulars of Claim under Interpleader Summons. (Order XXVII. Rule 4.) No. of Plaint. In the County Court of holden at 181. Particulars of Claim for Rent under Interpleader Summons. (Order XXVII. Rule 4.) [Commence as above.] Take notice, that CD., the Defendant, is my tenant of [a certain house and premises] situate at in the county of , and that the goods and chattels taken in exe- cution under process issuing out of this Court in this action, and mentioned in the inter- pleader summons, were in and upon the said [house and p7-emises], and that there was at the date of the said execution due to me from the said CD. the sum of £ for [one year's] rent of the said [house and premises], and that the same is still due and owing from the said CD. to me, and that I claim pay- ment of the said sum of £ out of the proceeds of the said execution. Dated this day of (Signed) E.F. [name, address, and description.] To the Exeoution Creditor, and the High Bailiff of this Court. Vol. 55.] ORDERS AND RULES. 213 182. Interpleader Summons to Execution Creditor. (SO & 31 Vict. c. 142. s. 31.) [Same heading as in an ordinary Summons.] Whereas [here insert the name, address, and description of claimant, so far as is then known] hath made a claim to [certain goods and chattels [or moneys, &c] taken in exeoution under process issuing out of this Court, at your instance] [or certain rent alleged to be due to him] : You are therefore hereby summoned to appear at a Court to be holden at on the day of 18 , at the hour of in the noon, when the said claim will be adjudicated upon, and such order made thereupon as to the Court shall seem fit. Dated this day of 18 . Registrar of the Court. To the Exeoution Creditor. Note. — The Claimant is called upon to give the particulars of his claim, which you may inspect on application at the office of the Registrar of this Court, four days before the day of liearing. 183. Interpleader Summons to a Claimant setting up a Claim to the Goods or the Proceeds thereof. (30 & 31 Vict. c. 142. s. 81.) Name, address, and description of Claim- ant], you are hereby summoned to appear at a Court to be holden at on the day of , 18 , at the hour of in the noon, to support a claim made by you to certain goods and chattels [or moneys, &c] taken in execution under pro- cess issued in this action at the instance of [the Execution Creditor], and in default of your then establishing such claim the said goods and chattels will then be sold [or the said moneys, &c. paid over] according to the exigenoy of the said process ; and take notice, that you are hereby required, five days before the said day, to deliver to the officer in charge of the said process, or leave at rny office, par- ticulars of the goods and chattels which [or the proceeds whereof] are claimed by you, and of the grounds of your claim ; and in such particulars you shall set forth fully your name, address, and description; and take notice, that in the event of your not giving such particulars as aforesaid your claim will not be heard by the Court. To [the Clamant above named]. 184. Interpleader Summons to a Claimant setting- up a claim to rent in respect op the Premises upon which, the Exe- cution WAS LEVIED. (30 & 31 Vict. c. 142. s. 31.) [Name, address, and description of claim- ant] , you are hereby summoned to appear at a Court to be holden at on the day of 18 , at the hour of in the noon, to support a claim made by you to certain rent alleged by you to be due to you in respect of and issuing out of certain premises upon which certain goods and chattels were taken in execution under process of this Court in this action at the instance of [the Execution Creditor] ; and in default of your then establishing such claim the said goods and chattels will then be sold, and the proceeds thereof paid over according to the exigency of the said process [or, if such goods and chattels shall have been then sold, then the proceeds of such sale will be paid over according to the exigency of the said process] ; and take notice that you are hereby required, five days before the said day, to deliver to the. officer in charge of the said process, or leave at my office, particulars' of the amount of the rent claimed by you, and of the period for which and of the pre- mises in respect of which you claim such rent, and of the grounds of your claim ; and in such particulars you shall set forth fully your name, address, and description ; and. take notice, that in the event of your not giving such particulars as aforesaid, your claim will not be heard by the Court. To [the Claimant above named]. 185. Interpleader Summons to an Execution Creditor, and to the High Bailiff where Claimant claims Damages as well as the Goods seized. (30 & 31 Vict. c. 142. s. 31.) "Whereas E.F. of* hath made a claim to certain goods and chattels [or moneys,. &c] taken in execution under pro- cess issuing out of this Court at your instance, and hath also claimed from you and from the High Bailiff of this Court the sum of £ for damages arising out of the said execution : You and the High Bailiff are therefore hereby summoned to appear at a Court to be holden at the day of 18 , at the hour of in the noon, when the said claim, both as to the said * Insert residence and description of claimant. 214 SUPREME COURT OF JUDICATURE. [Law J. goods and chattels, and as to the said . damages, will be adjudicated upon, and such order made thereupon as to the Court shall seem fit. To the Execution Creditor, and to the High Bailiff of this Court. Note. — The Claimant is called upon to give the particulars of his claim, which you may inspect, on application at the office of the Begistrar of this Court, four days before the day of hearing. 186. Interpleader Summons to a Claimant set- ting up a Claim to Damages, as well to the Goods or the Proceeds thereof. (30 & 31 Vict. c. 142. s. 81.) [Name, address, and description of claim- ant], you are hereby summoned to appear at a Court to be holden at on the day of 18 , at the hour of in the ' noon, to support a claim made by you to certain goods and chattels [or moneys, &c] taken in execution under process issued in this action at the instance of [the Execution Creditor], and also for damages arising out of such execution, and, in default of your then establishing such claim, the said goods and chattels will then be sold [or the said moneys paid over], ac- cording to the exigency of the said process ; and take notice that you are hereby required five days before the said day to deliver to the officer in charge of the said process, or leave at my office, particulars of the goods and chattels which [or the proceeds thereof] are claimed by you, and of the grounds of your claim, and also of the grounds upon which you claim damages, and you must also state in such particulars the amount of the damages you claim, and the party from whom you claim the same, and in such particulars you shall set forth fully your name, address, and description; and take notice that in the event of your not giving such particulars as aforesaid your claim will not be heard by the Court. To [the Claimant above named]. 187. Order on an Interpleader Summons where the Claim is not established. (30 & 31 Vict. c. 142. s. 81.) Between A.B., Plaintiff, and CD., Defendant, and E.F., Claimant. It is this day adjudged touching the claim of E.F. to certain goods and chattels [or moneys, &c] taken in execution in this action [or to certain rent alleged to be due to him], that -the said goods and chattels [or moneys, &c. or part thereof, to wit, &c, specifying themj are the property of the execution debtor [or that there is no rent due to the said E.F.]. And it is ordered, that the costs of this pro- ceeding, amounting to , be paid by the said E.F. to the Registrar of this Court on or before the day of , for the use of the Execution Creditor. 188. Order on an Interpleader Summons where the Claim is established. (30 & 31 Vict. c. 142. s. 31.) It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or moneys, &c] taken in execution in this action [or to certain rent alleged to be due to him], that the said goods and chattels [or moneys, &c. or part thereof, to wit, specifying them] are his property [or that rent' to the amount of £ is due to him]. And it is ordered that the said [Execution Creditor] do pay to the Registrar of this Court, for the use of the said E.F., £ for costs, on or before the day of 18 . 189. Order on an Interpleader Summons where both Goods and Damages are claimed, and the Claim to neither is established. (30 & 31 Vict. c. 142. s. 31.) No. of Plaint, holden at Plaintiff, Defendant. Claimant, In the County Court of (Seal.) Between A.B., . and CD., . And between E.F., . and The Execution Creditor and the High Bailiff of this Court . Respondents. It is this day adjudged touching the claim of E.F. to certain goods and chattels [or moneys, &c] taken in execution in this action, and for damages arising out of the said execution, and which E.F. claims against \the_ Execution Creditor] and the High Bailiff of this Court, that the said goods and chattels [or moneys, &c, or part thereof, describe the part,] are the property of [the Execution Debtor], and that the said E.F. is Vol, 55.] OBDEES AND BULES. 215 not entitled to recover any damages from either [the Execution Creditor] or the High Bailiff of this Court: _ . And it is ordered that the costs of this pro- ceeding, amounting to £ , be paid by the said E.F. to the Eegistrar of this Court on or before the day of 18 , as to £ , part thereof, for the use of the Execution Creditor, and as to £ , the residue thereof, for the use of the High Bailiff of this Court. 190. Order on an Interpleader Summons where both Goods and Damages are claimed, and the Claim to both is established. (30 & 31 Vict. c. 142. s, 81.) [Same heading as No. 189.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or moneys, &c] taken in execution in this action, and for damages arising out of the said execution,* and which E.F. claimed against the High Bailiff of this Court, that the said goods and chattels [or moneys, &c, or part thereof, specifying them] are the property of E.F., and that E.F. is entitled to recover the sum of £ for damages arising out of the said executions against the High Bailiff of this Court : And it is ordered that the High Bailiff of this Court do pay the said sum of for damages, and the sum of £ for costs, and the Execution Creditor the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., on or before day of 18 . To the Execution Creditor and the High Bailiff of this Court. * If the claim for damages be against the Execution Creditor as well as against the High Bailiff so state it. 191. Order on an Interpleader Summons where both Goods and Damages are claimed and the Claim to the Goods is, but that to Damages is not, established. (30 31 Vict. c. 142. s. 31.) [Same heading as No. 189.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or moneys, &c] taken in execution in this action, and for damages arising out of the said execu- tion, and which E.F. claims against the Execution Creditor and the High Bailiff of this Court, that the said goods and chattels [or moneys, &c, or part thereof, specifying them] are the property of the said E.F., but that the said E.F. is not entitled to recover any damages from either the Execution Creditor or the High Bailiff of this Court : And it is ordered that the Execution Creditor do pay to the Registrar of this Court, on or before the day of 18 , the sum of for costs for the use of the said E.F., and that the said E.F. do pay to the Registrar of this Court, on or before the day of 18 , the sum of £ for costs, for the use of the High Bailiff of this Court. To the Execution Creditor and to E.F. the Claimant. 192. Order on an Interpleader Summons where both Goods and Damages are claimed and the Claim to the Goods is not, but the Claim to Damages is, established. (30 & 31 Vict. c. 142. s. 31.) [Same heading as No. 189.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or moneys, &c] taken in execution in this action, and for damages arising out of the said execution, and which E.F. claims against the Execution Creditor and the High Bailiff of this Court, that the said goods and chattels [or moneys, &c] are the property of the Execution Debtor, and that the said E.F. is entitled to recover £ for damages from the High Bailiff of this Court, but not any damages from the Execution Creditor : And it is ordered that the said E.F. do pay to the Registrar of this Court on or be- fore the day of , 18 ', the sum of £ for costs, for the use of the Execution Creditor, and that the High Bailiff of this Court do pay to the Registrar of this Court, on or before the day of , 18 , the sum of £ for costs, for the use of" the said E.F. To E.F. the Claimant and the High Bailiff. 193. Clajm op an Execution Creditor for Damages from a High Bailiff. (30 & 31 Vict. c. 142. s. 31.) Take notice that I the Execution Creditor claim the sum of *" from you the 216 SUPEEME COURT OF JUDICATURE. [Law J. . High Bailiff of this Court, for damages arising out of a certain execution in this action, and that the grounds of my claim are as follows : [liere state the grounds of the claim, e.g., for that you, having seized certain goods and chattels of and belonging to the Execution Debtor, under process issued from this Court at my instance, wrongfully, and without lawful excuse, withdrew from the possession of the said goods and chattels, whereby I was deprived of the fruits of the said execution]. Dated this day of , 18 . Execution Creditor. To the High Bailiff of this Court. 194. Order on an Interpleader Summons by Execution Creditor against a High Bailiff where the Claim to Damages is established. (30 & 31 Vict. c. 142. s. 81.) No. of Plaint. In the County Court of holden at (Seal.) Between A.B. . . . Plaintiff, and CD. . . . Defendant, And between the Execution Creditor .... Claimant, and The High Bailiff of this Court. . . . Respondent, It is this day adjudged, touching the claim of , the Execution Creditor in this action, against the High Bailiff of this Court, for damages arising out of an execution in this action in which process issued from this Court at the instance of the said the Execution Creditor, directing the High Bailiff to levy the sum of £ of and from the goods and chattels of [the Execution Debtor], that the said the Execution Creditor, is en- titled to recover from the High Bailiff of this Court the sum of for damages arising out of the said execution. And it is ordered that the High Bailiff of this Court do, on or before the day of , 18 , pay to the Registrar of this Court the said sum of £ and also the further sum of £ fof costs for the use of the said , the Execution Creditor. To the High Bailiff of this Court. 195. Order on 'an Interpleader Summons by an Execution Creditor against a High Bailiff where the Claim to Damages is not established. <30 & 31 Vict. c. 142. s. 81.) [Same heading as No. 194.] It is this day adjudged touching the claim of , the Execution Creditor in this action, against the High Bailiff of this Court, for damages arising out of an execu- tion in this action in which process issued from this Court at the instance of the said , the Execution Creditor, direct- ing the said High Bailiff of this Court to levy the sum of £ of and from the goods and chattels of [the Execu- tion Debtor], that the said , the Exeoution Creditor, is not entitled to recover from the said High Bailiff of this Court any damages in respect of or in any way arising from the said execution. And it is ordered that the said , the Execution Creditor, do on or before the day of , 18 , pay to the Registrar of this Court the sum of £ for costs, for the use of the said High Bailiff of this Court. To the Execution Creditor. 196. Order on Interpleader Summons where both Goods and Damages are claimed and Money is paid into Court in re- spect of the latter, and the Claim to the Goods is established, and the Money paid into Court is found to be sufficient to satisfy the Damages. (30 & 31 Vict. c. 142. s. 81.) [Same heading as No. 194.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or moneys, &o.l taken in execution in this action, and for damages arising out of the said exeoution, and which E.F. claimed against the High Bailiff of this Court, and in respect of which damagos hath paid into Court the sum of £ , that the said goods and chattels \or moneys, &c, or part thereof, specifying them or it] are the pro- perty of E.F., but that the said sum paid into Court is sufficient to satisfy all damages arising out of the said exeoution. And it is ordered that the Execution Creditor do pay to the Registrar of this Court the sum of £ for costs foi' Vol. 55.] ORDERS AND RULES. 217 the use of E.F-, and that E.F. do pay to the Registrar of this Court the sum of £ for oosts for the use of the High Bailiff, on or before the day of , 18 . To , the Execution Creditor, and to E.F. 197. Order on an Interpleader Summons whflre both goods and damages are claimed, and money is paid into court in respect of "the latter, and the Claim to the Goods is established, and the Money paid into Court is adjudged insufficient. (80 & 81 Viet. c. 142. s. 31.) [Same heading as No. 194.] It is this day adjudged, touching the olaim of E.F. to certain goods and chattels [or moneys, &c.l taken in execution in this aotion, and for damages arising out of the said execution, and which E.F. claims against the High Bailiff, and in respect of which damages has paid into Court the sum of £ , that the said goods and chattels [or moneys, &c] are the property of the said E.F., and that the said sum of £ paid into Court is not sufficient to satisfy the damages arising out of the said exeoution, and that the said E.F. is entitled to recover the further sum of £ for damages from the High Bailiff. And it is ordered that the Execution Creditor do pay to the Registrar of this Court, on or before the - day of , .18 , the sum of £ for costs for the use of the said E.F., and that the High Bailiff do pay to the Registrar of this Court, on or before the last-mentioned day, the said further sum of £ for damages, and also the sum of £ for costs, for the use of the said E.F. To the Exeoution Creditor and the High Bailiff. 198. Order on an Interpleader Summons by an Execution Creditor against a High Bailiff for Damages, and when the High Bailiff pays Money into Court. (80 & 31 Vict. o. 142. s. 81.) [Same heading as No. 194.] It is this day adjudged, touching the claim of , the Exeoution Creditor in this action against the High Bailiff of tins Court for damages arising out of an execution in this aotion, in whioh process issued from this Vol. 55.— Obdeks and Rules. Court at the instance of the said , the Execution Creditor, directing the said High Bailiff of this Court to levy the sum of £ of and from the goods and chattels of [the Execution Debtor], and in respect of which damages the High Bailiff hath paid into Court the sum of £ , that the sum paid into Court is sufficient to satisfy all damages arising out of the said execution [or that the sum paid into Court is not sufficient to satisfy the damages arising out of the said execution, and that the said , the Execution Creditor, is entitled to recover the further sum of £ for damages from the High Bailiff]. And it is ordered that the said , the Execution Greditor, do pay to the Regis- trar of this Court, on or before the day of , 18 , the sum of £ for costs for the use of the High Bailiff [or that the High Bailiff do pay to the Registrar of this Court, on or before the day of , 18 , the said further sum of £ for damages, and also the sum of £ for costs, for the use of , the Execution Creditor]. To , the Execution Creditor. [or To the High Bailiff of this Court.]' 199. Warrant of Execution against the Goods of Claimant. (30 & 81 Vict. c. 142. s. 81.) Whereas at a Court holden at on the day 6f , 18 , , the Plaintiff, by the judgment of the said Court, recovered against, the Defendant the sum of £ for debt [or damages] and for costs : . And whereas the Defendant, by an order of the Court, was ordered to pay the same to the Registrar of the Court : And whereas default having been made in payment according to the said order, an exeoution issued against the goods of the Defendant, under which certain goods and chattels were seized, in respect of which E.F. of, &c. made claim, and which claim was heard and decided upon at a Court held at on the day of , 18 , and it was adjudged that the goods so seized under the said execution were the property of the defendant [or that certain rent alleged by the said EJ?. of, &c. to be due to him was not so due] : And it was ordered that the costs of that 2E 218 SUPREME COURT OE JUDICATURE. [Law J. proceeding, amounting to the sum of £ , should be paid by the Claimant to the Registrar of the said Court, on or before the day of , 18 : And whereas default has been made in payment according to the said last mentioned order : These are therefore to require and order you forthwith to make and' levy by distress and sale of the goods' and chattels of the said Claimant wheresoever they may be found within the district of this Court (ex- cepting the wearing apparel and bedding of the said Claimant or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, in- cluding the costs of this execution, and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of ex- change, promissory notes, bonds, specialties, or securities for money of the Claimant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Regis- trar of the Court, and make return of what you have done under this warrant imme- diately upon the execution thereof. Given under the seal of the Court this day of , 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. £ s. d. Costs ..... Poundage for issuing this warrant .... Total amount to be levied . Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said claimant. (19 & 20 Vict. c. 108. s. 46.) Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of ,18 . 200. Judgment against an Executor who has wasted Assets. (Order XXX., Rule 4.) No. of Plaint. (Seal.) In the County Court of holden at Between A.B., Plaintiff, and CD., Executor [or Adminis- trator] of deceased, Defendant. Upon hearing this cause at a Court this day holden, it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court, on or before the day of 18 . It is also adjudged that the Defendant, being the executor [or administrator] of the said deceased, has made away with, wasted, and put to his own use divers goods and chattels [or moneys, as the case may be], to the amount of the said sum, which were the property of the said deceased, and which came to the hands of the Defendant as exe- cutor [or administrator] as aforesaid, to be administered : Wherefore it is ordered, that if the Defen- dant shall make default in the payment of the said sum, the same shall be levied by distress and sale of the goods and chattels which were of the said deceased, and which came to the hands of the Defendant as executor [or "administrator] if the Defendant has so much thereof in his hands to be administered, and if he has not, then that the said sum shall be levied of the proper goods and chattels of the Defendant. 201. Judgment against an Executor or Admin- istrator who admits his Representative Character and denies the Demand. (Order XXX., Rule 5.) Upon hearing this action at a Court this day holden, it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of 18 . And the Defendant having admitted his representative character, but denied the Plain- tiff's demand, and the Plaintiff having proved the same, it is further ordered, that if the Defendant shall make default in payment of Vol. 55.] ORDERS AND RULES. 219 the said sums, the same shall be levied as follows: The sum of £ [the debt or damage and costs] of the goods and chattels which were of the said deceased, and which came to the hands of the Defendant as exe- cutor [or administrator], if the Defendant has so much thereof in his hands to be adminis- tered ; and if he has not, then that the sum of £ [the costs] be levied upon the proper goods of the Defendant. some assets,' the judgment must be for that amount de bonis testatoris, and for the re- sidue quando accidermt.] 202. Judgment against an Executor or , Admin- istrator WHERE HE ADMITS HIS REPRE- SENTATIVE Character, but. denies the Demand, and alleges total or partial Administration or .Assets, and the Plaintiff proves his Demand, and the Defendant proves Administration. (Order XXX., Rule 6.) Upon hearing this action at a Court this day holden, it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court, on or before the day of 18 . And the defendant having admitted his representative character, but denied the Plain- tiff's demand, and having also alleged a total [or partial] administration of the goods of the said deceased, which came to the hands of the Defendant as executor [or adminis- trator] to be administered, it appears to the Court that the Plaintiff has proved to the Court his demand, and also that the Defen- ' dant has proved the administration alleged : Wherefore it is ordered that in default of such payment the sum of £ , being the costs incurred by the Plaintiff in proving his demand, shall be levied on the goods and chattels which were of the said deceased, and which came to the hands of the Defen- dant as executor [or administrator], if the Defendant has so much thereof in his hands, and if he has not, then that it shall be levied of the proper goods and chattels of the De- fendant, and as to the sum of £ the Plaintiff's demand, that it be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the De- fendant as executor [or administrator] as aforesaid to 1 be administered. And it is further ordered, that the Plaintiff do pay to the Registrar pf the Court on or before the day of ,18 , the sum of £ being the costs incurred by the Defendant in proving the administration alleged. [N.B. — If the defendant is shewn to have 203. Judgment against an Executor or Admin- istrator where the Defendant admits his Representative Character, but de- nies the Demand, and alleges total or partial Administration of Assets, and the Plaintiff proves his Demand, an,d the Defendant does not prove the Ad-1 ministration. (Order XXX., Rule 7.) Upon hearing this action at a Court this day holden, it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for and £ for costs :' And it is ordered that the Defendant do pay the same to the Registrar of this Court oh or before the day of 18 . And the Defendant having admitted his representative character, but denied the Plain- tiffs demand, and having also alleged a total [or partial] administration of the goods of the said deceased, which came to the hands of the Defendant as executor [or ad minis- trator] to be administered, it appears to the Court that the Plaintiff has proved to the Court his demand and also that the Defendant has not proved the administration alleged. And it is further ordered that if the Defen- dant shall make default in payment of the said sum, the same shall be levied as follows : The sum of £ [debt and costs] of the goods and chattels which were of the said deceased, and which came to the Defendant as aforesaid if the demand* has so much thereof in his hands to be administered ; and if he has not, then that the residue of the sum of £ [debt] be levied of the goods and chattels of the said deceased which here- after shall come to the hands of the Defen- dant as executor [or administrator] as afore- said to be administered : and that the sum of £ [the costs] be levied upon the proper goods of the Defendant. 204. Judgment against an Executor or Admin- istrator who admits his Eepresentative Character and the Plaintiff's Demand, but alleges a total or partial admin- ISTRATION of Assets, and proves the Administration. (Order XXX., Rule 8.) Upon hearing this action at a Court this day holden, it is adjudged that the Plaintiff * [/• oattle] to the said and forthwith to return to me this warrant and what you shall have done under the same. Dated the day of 18 . Registrar of the Court. To the High Bailiff of the Court. In obedience to this warrant, I have re- plevied and caused to be delivered to the Within-named the within-mentioned goods and ohattels [or oattle]. Dated this day of 18 . High Bailiff. Vol. 55.] ORDERS AND RULES. 235 (For Judgment foe Plaintiff in Replevin, see Form 34.) 247. Judgment for Defendant in Replevin fob Rent. (Order XXXIV. Rules 3 and 4.) Upon hearing this action at a Court holden this day, it is adjudged that the Plaintiff do return to the defendant the goods and chattels [or oattle, stating the particulars thereof], and pay to the Registrar of the Court, forth- with [or on the day of | the sum of £ for costs of suit [or, It is adjudged that the amount due for rent in arrear from the Plaintiff to the Defendant is £ and that the goods and chattels [or cattle] were of the value of £ and that the Plaintiff do forthwith [or on the day of ] pay to the Registrar of the Court, at his office, the said sum of £ and also the sum of £ for costs of suit. 248. Judgment for Defendant in Replevin of Cattle Damage feasant. (Order XXIV. Rules 3 and 5.) Upon hearing this action at a Court holden this day, it is adjudged that the Plaintiff do return to the Defendant the cattle [here specify the cattle], or do pay to the Registrar of this Court, forthwith [or on the day of 18 ], the sum of £ , which is now adjudged to be the amount of damage sustained by the Defendant. It is also adjudged that the plaintiff do pay to the Registrar of the Court, on the day and year aforesaid, the sum of £ for costs. 249. Judgment for Delivery of Goods. (.Order XXV. Rule 50.) Upon hearing this action at a Court holden this day, it is adjudged that the Plaintiff do recover against the Defendant the following goods and chattels of the Plaintiff wrongfully detained by the Defendant; that is to say [here enumerate the chattels which the Court decides to home been detained], or £ their value, and also the sum of £ for damages for the detention of the said goods and chattels, and the sum of £ for costs. [And it is ordered that the Defendant do return the said goods and chattels to the Plaintiff, or do pay the said sum £ their value to the Registrar of the Court on the day of 18 .] And it is further ordered that the Defendant do pay the said sums of £ and £ for damages and costs to the Registrar of the Court on the day of 18 . If the Judge makes an order at the trial for a return of the goods and chattels with- out giving the Defendant the option of returning them, omit the words in brackets and substitute the following : — And it is ordered that the defendant do return the said goods and chattels to the Plaintiff on the day of 18 , and that in default of his so doing a warrant of delivery do issue. 250. Warrant of Delivery. (Order XXV, Rule 50. 19 & 20 Vict. c. 108. s. 46.) Whereas at a Court holden at on the day of , 18 , the Plain- tiff obtained a judgment against the Defen- dant for the recovery of [here enumerate the goods and chattels which the Court has ordered to be recovered of the Defendant], and thereupon it was ordered by the Court, that the Defendant should return the said goods and chattels to the Plaintiff on the said day of , 18 , and that in default a warrant of delivery should issue : And whereas the Defendant did not on the said day of , 18 , return the said goods and chattels to the Plaintiff: These are therefore to require and order you forthwith to seize the said goods and chattels so not returned as aforesaid, where- soever they may be found within the district of this Court, and to deliver the same to the Plaintiff. And if the same eannot be found by you within such district, you are required and ordered to distrain all the lands and chattels of the defendant, wheresoever they may be found within the district of this Court, and them hold until the Defendant shall deliver the said goods to you, and to make return of what you have done under this warrant im- mediately upon the execution thereof. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of , 18 . 236 SUPEEME COUET OF JUDICATUEE. [Law J. 251. Warrant of Delivery and of Execution for Damages and Costs. (Order XXV., Rules 50, 51. 19 & 20 Vict, c. 108. s. 46.) "Whereas at a Court holden at on the day of , 18 , the Plaintiff obtained a judgment against the Defendant for the recovery of [here enumer- ate the goods and chattels which the Court has ordered to be recovered of the Defendant], and for the payment of £ for damages for the detention of the said goods and chattels, and of £ for costs ; and thereupon it was ordered by the Court that the Defendant should return the said goods and chattels to the Plaintiff and pay the said sums of £ and £ to the Registrar of this Court on the day of , and that in default of his so doing a warrant of delivery should issue : And whereas the Defendant did not on the said day of , 18 , return the said goods and chattels to the Plaintiff, and default has been made in payment according to the said order: There are therefore to require and order you forthwith to seize the said goods and chattels so not returned as aforesaid, where- soever they may be found within the dis- trict of this Court, and to deliver the same to the Plaintiff: And if the same cannot be found by you within such district, you are required and ordered to distrain all the lands and chattels of the Defendant wheresoever they may be found within the district of this Court, and them hold until the Defendant shall deliver the said goods and chattels to you; and further to make and levy by distress and sale of the goods and chattels of the Defen- dant wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, including the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, special- ties, or securities for money of the Defendant, which may there be found, or such part or bo much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Damages for detention of goods Costs Poundage for issuing this war- rant Total amount to be levied £ s. d. Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perish- able nature, or at the request of the Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of ,18 . 252. Warrant of Delivery where, if Goods are not Returned, Levy is to be made for their Value. (Order XXV, Rules 50, 51. 19 & 20 Vict, c. 108. s. 46.) Whereas at a Court holden at on the day of , 18 , the Plaintiff obtained a judgment against the Defendant for the recovery of [here enumer- ate the goods and chattels which the Court has ordered to be recovered of the Defendant or £ their value], and for the pay- ment of £ for damages for the ' detention of the said goods and chattels, and of £ for costs ; and thereupon it was ordered by the Court, that the Defendant should return the said goods and chattels to the Plaintiff or pay the said sum of £ their value, and also pay the said sums of i' (damages for the detention) and £ (costs) to the Registrar of this Court on the day of : And whereas the Defendant did not on the said day of , 18 , return the said goods and chattels to the Plaintiff, and default has been made in payment according to the said order : These are therefore to require and order you forthwith to seize the said goods and chattels so not returned as aforesaid, where- soever they may be found within the district Vol. 55.] OEDEBS AND EULES. 237 of this Court, and to deliver the same to the Plaintiff: And if the same cannot be found by you within such district, you are required and ordered to make and levy by distress and sale of the goods and chattels of the Defen- dant wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the said sum of £ (the assessed value of the goods and chattels), and further to make and levy by distress and sale of the goods and chattels of the Defendant wheresoever they may be found within the district of this Court (except as hereinbefore excepted the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the said sums of £ (damages for detention) and £ (costs), and also the costs of this execution. And also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant, whioh may there be found, or such part or so much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. £ s. d. value of the goods and chattels .... Damages for detention of goods Costs Poundage for issuing this war- rant ... Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant. Application was made to the Eegistrar for this warrant at minutes past the hour of in the noon of the day of , 18 . 253. Okdee under the Mercantile Law Amendment Act, 1856. (19 & 20 Vict. c. 97. s. 2.) Upon hearing this action (the same being for breach of contract to deliver specific goods for a price in money) at a Court holden this day, it being adjudged that the Plaintiff is entitled to recover, it is, upon the applica- tion of the Plaintiff, found and adjudged that the goods in respect of the non-delivery of which the Plaintiff is entitled to recover, and which remain undelivered, are as fol- lows; (that is to say,) [here enumerate the goods undelivered] ; and. that the Plaintiff would have been liable to pay the sum of £ [here insert the sum to be paid by Plaintiff for the delivery] for "the de- livery thereof; and that the Plaintiff will have sustained damages to the amount of £ x ' [here insert the sum assessed for damages if the goods be delivered] if the said goods shall be delivered under execution as hereinafter mentioned, and to the amount of £ [here insert the sum assessed for damages in the event of the non-deUvery of the goods] if the said goods shall not be so delivered : And thereupon judgment being now given for the Plaintiff, it is, upon the application of the Plaintiff, ordered that the said goods be delivered by Defendant to the Plaintiff on the payment by him of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery] on or before the day of , now next ensuing, and that in default thereof execu- tion do issue for the delivery to the Plaintiff, on payment by the Plaintiff of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery] of the said goods ; and that the Defendant shall not have the option of retaining the same upon payment of the damages lastly assessed in the event of the non-delivery of the goods ; and that the Plaintiff do recover against the Defendant the said sum of £ [here insert the sum assessed for damages if the goods be delivered] for damages and for costs. And it is further ordered that if the said goods or any part thereof cannot be found within the district of this Court, the bailiff of this Court shall distrain the Defendant by all his lands and chattels within the dis- trict of this Court till the Defendant deliver the said goods, or, at the option of the Plaintiff, the said bailiff shall cause to be made of the Defendant's goods the said sum secondly above assessed for damages, or a due proportion thereof. 238 SUPREME COURT OF JUDICATURE. [Law J. 254. Distringas and Warrant of Delivery against Defendant's Goods for the Amount of Damages for Non-delivery of the Goods (supposing the Goods delivered under the Order and Dis- tringas) and Costs, under the Mer- cantile Law Amendment Act, 1856. (19 & 20 Vict. o. 97. s. 2.) Whereas at a Court holden at on the day of , 18 , the Plaintiff obtained a judgment against the Defendant for the delivery to the Plaintiff upon payment by the Plaintiff of the sum of £ [here insert the sum to he paid by Plaintiff for the delivery] of the follow- ing goods : that is to, say [here enumerate the goods enumerated in the judgment] ; and by the said judgment it was found and adjudged that the Plaintiff will have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods be delivered] if the said goods shall be de- livered to the Plaintiff under this warrant, and to the amount of £ [here in- sert the sum assessed for damages in the event of the non-delivery of the goods] if the said goods shall not be so delivered, and judgment being then given for the Plaintiff, it was thereupon ordered that execution do issue for the delivery to the Plaintiff, on pay- ment by the Plaintiff of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery] of the said goods, and that the Defendant should not have the option of retaining the said goods upon payment of the said sum of £ [here insert the sum assessed for damages in the event of the non-delwery of the goods], and that the Plaintiff do recover against the Defendant the said sum of £ [here insert the sum assessed for damages if the goods be delivered], for damages, and £ for costs : And it was further ordered that if the said goods or any part thereof should not be found within the district of this Court, the bailiff of this Court should distrain the de- fendant by all his lands and chattels within the district of this Court til} the defendant deliver the said goods, or, at the option of the Plaintiff, the said bailiff should cause to be made of the Defendant's goods the said sum of £ [here insert the sum found for damages if the goods be not delivered], or a due proportion thereof : And whereas the said goods have not been delivered according to the said order, and the said sum of £ so payable by the Plaintiff as aforesaid has been paid to the Kegistrar of this Court, and the plaintiff has not expressed his option to have the said sum of £ [here insert the sum found for damages if the goods ' be not delivered], or a due proportion thereof, made of the goods of the Defendant : These are therefore to require and order you forthwith to seize the said goods so not delivered as aforesaid, wheresoever they may be found within the district of this Court, and to deliver the same to the Plaintiff, and pay over to the Defendant upon seizure of the said goods the said sum of £■ [here insert the sum to be paid by the Plaintiff for the delivery] which is delivered to you to- gether with this warrant : And if the same cannot be found by you within such district, you are required and ordered to distrain all the lands and chattels of the Defendant, wheresoever they may be found within the district of this Court, and them hold until the defendant shall deliver the said goods to you : and further to make and levy, by distress and sale of the 'goods and chattels of the Defendant, wheresoever they may be found within the district of this Court (excepting the wearing apparel and bedding of hi™ or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the plaintiff under the said order, including the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promis- sory notes, bonds, specialties, or securities for money of the Defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing .the same, and to pay what you shall have so levied to the Registrar of this Court, and make return of what you have done under this warrant immediately upon the execu- tion thereof. Given under the seal of the Court, this day of 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. Amount found for damages if the goods be delivered . Sum adjudged for costs . Poundage for issuing this war- rant Total amount to be levied . d. Vol. 55.] ORDERS AND RULES. 239 Notice. — The goods and chattels seized for damages and costs are not to be sold until after the end of five days next following the day on whioh they were seized, unless they be of a perishable nature, or at the request of the Defen- dant. Application was made to the Registrar for this warrant at minutes past the hour of in- the noon of the day of 18 . [N.B. — When a plaintiff sues out this warrant, he must pay to the Begistrar the amount found by the judgment to be pay- able by Plaintiff for the delivery of the goods, and the Begistrar must hand over such amount to the bailiff with this warrant, for the bailiff to pay to the Defendant, if either the Defendant delivers the goods to the baiUff or the bailiff obtains possession of them under this warrant.] 255. Warrant of Execution against Defen- dant's Goods under the Mercantile Law Amendment Act, where Plaintiff exercises the option of having the Damages assessed for the Non-delivery of the Goods (where the Goods are not delivered pursuant to the Order) levied by Distress and Sale of Defen- dant's Goods. (19 & 20 Vict. c. 97. s. 2.) "Whereas at a Court holden at - on the day of 18 , the Plaintiff obtained a judgment against the Defendant for the delivery to the Plaintiff, upon pay- ment by the Plaintiff of the sum of £ [here insert the sum to be paid by Plaintiff for the delivery] of the following goods ; that is to say [here enumerate the goods enumerated in the judgment] ; and by the said judgment it was found and adjudged that the Plaintiff will have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods be delivered] if the said goods shall be delivered to the Plaintiff under this warrant, and to the amount of £ [here insert the sum assessed for damages in the event of the non-delivery of the goods] if the said goods shall not be so delivered, and judgment being then given for the Plaintiff, it was thereupon ordered that execution do issue for the delivery to the Plaintiff on payment by the Plaintiff of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery] of the said goods, and that the Defendant should not. have the option of retaining the said goods upon payment of the said sum of £ [here insert the sum assessed for damages in the event of the non-deUvery of the goods\ and that the Plaintiff do recover against the Defendant the said sum of £ [here insert the sum assessed for damages if the goods be delivered] for damages and £ for costs : And it was further ordered that if the said goods or any part thereof should not be found within the district of this Court, the bailiff of this Court should distrain the De- fendant by all his lands and chattels within the district of this Court till the Defendant deliver the said goods, or, at the option of the plaintiff, the said plaintiff should cause to be made of the defendant's goods the said sum of £ [here insert the sum found for damages if the goods be not delivered], or a due proportion thereof: And whereas the said goods haVe not been delivered ac- cording to the said order, and the Plaintiff has expressed his option to have the said sum of £ [here insert the sum as- sessed for damages in the event of non- delivery of the goods] made of the goods and chattels Of the Defendant : These are there- fore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant where- soever they may be found within the district of this Court (excepting the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, including the costs of this execution, and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promis- sory notes, bonds, specialties, or securities for money of the-Defendant which may there be found, or such part, or so much thereof as may be sufficient to satisfy this execu- tion, and the cost of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this day of 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. 240 SUPREME COURT OF JUDICATURE. [Law J. Amount found for damages if the goods be not delivered . Sum adjudged for costs . Poundage for issuing this war- rant Total amount to be levied Notice. — The goods and chattels are not to he sold until after the end of five days next following the day on which they ■may have been taken, unless they be of a perishable nature, or at the request of the Defendant. (19 & 20 Vict. o. 108. s. 4G.) Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 18 . 256. and and upon Order appointing a Receiver of Real and Personal Estate. (Order XIII., Rule 1.) Upon the application of upon reading an affidavit of hearing It is ordered that of be appointed to receive the rents and profits of the real and leasehold estates of and to get in the outstanding personal estate of the testator [or intestate] named in the particulars or statement annexed to the summons in this action ; and the tenants of the real and leasehold estates are to attorn and pay their rents in arrear and growing rents to such receiver. And it is ordered that the Defendants, the executors of the testator [or administrators of the intestate], deliver over to such receiver all securities in their hands for such out- standing personal estate, together with all books and papers relating thereto. assets and property belonging to the partner- ship business of at and out of the first moneys reoeived to pay the debts due from the said business. And it is further ordered that the Plaintiff and Defendant respectively do deliver over to the said all the stook-in-trade and effects of the said partnership, and also all securities in their or either of their hands for such outstanding partnership estate, together with all books and papers relating thereto. 257. Order appointing a Receiver op a Part- nership. (Order XIII., Rule 1.) Upon the application of and upon reading an affidavit of and upon hearing It is ordered that of be appointed to collect, get in, and receive debts now due and outstanding and other 258. Notice to Receiver to produce his Accounts for Audit. (Order XIII., Rule 5.) You are hereby required, on or before the day of 18 , to leave at my office your accounts as reoeiver in this action [or petition or matter], duly verified by affidavit, and to attend at my offioe aforesaid at o'olook in the noon for the purpose of having suoh acoounts audited, and you are required to bring with you all receipts, papers, and vouohers neoessary for verifying such acoounts. To E.F., Reoeiver in this action [or petition or matter]. 259. Order on Receiver to Pay to Bene- ficiary. (Order XIII., Rule 8.) Upon the application of it is ordered that X.Y., of appointed by an order of this Court, dated the day of , the reoeiver in this aotion [or matter], do pay at the end of eaoh quarter to the moneys reoeived by him during the quarter as suoh reoeiver, after deducting his own remuneration and all other proper disbursements ; and that he be allowed suoh payments in passing his aocounts. [Note. — Where the Court at the time of appointing the receiver adds a similar direc- tion, it cam, be prepared from this formal 200. Bond to be given by Receiver. (Order XIII., Rule 2.) Know all men by these presents, that we, A.B., of, &c, and CD., of, &c, and E.F., of, Vol. 55.] ORDERS AND RULES. 241 &c, are jointly and severally held and firmly bound to O.H., Registrar of the County Court of holden at in £ to be paid to the said O.H., or his certain attorney, exeoutors, adminis- trators, or assigns. For whioh payment to be made we bind ourselves, and eaoh and every of us, in the whole, our and each of our heirs, exeoutors, and administrators, jointly and severally, firmly by these pre- sents. Sealed with our seals, and dated this day of one thousand hundred and And whereas a plaint in equity has been entered in this Court by A.B. against CD. for the purpose of [here insert object of action] : And whereas the said A.B. has been appointed, by order of the above-mentioned Court, to reoeive the rents and profits of the real [or freehold, or copyhold, or leasehold] estate [or estates] [and to get in the out- standing personal estate] of CD., the testator in the said plaint named : Now the condition of this obligation is such, that if the above-bounden A.B. do and shall duly account for all and every the sum and sums of money whioh he shall so receive on aocount of the rents and profits of the real estates, ond in respect of the personal estate, of > the said CD. [or as may be] at such periods as the said Court shall appoint, ond do and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court had directed or shall hereafter direct, then this obligation shall be void and of none effect, otherwise shall remain in full force and virtue. A.B. (l.s.) CD. (l.s.) Signed, sealed, and delivered by the above- bounden in the presence of [Note. — If deposit of money be made, the memorandum thereof should follow tlie terms of the condition of the bond, and mil not require a stamp.] 261. Order for Accounts and Enquiries. (Order XII., Rule 10.) This Court doth order that the following accounts and enquiry be taken and made; that is to say, 1. An account of the personal estate not specifically bequeathed of A.B., deceased, Vol. 55. — Obders and Rules. the testator in the ploadings named, come to the hands of, &c. 2.. An account of the testator's debts. 8. An account of the testator's funeral expenses. 4. An aocount of the testator's legacies and annuities (if any) given by the testator's will. 5. An enquiry what parts (if any) of the testator's said personal estate are outstanding or undisposed of. And it is ordered that the testator's per- sonal estate not specifically bequeathed be applied in payment of his debts and funeral expenses in a due course of administration, and then in payment of the legacies and annuities (if any) given by his will. (If ordered.) And it is ordered that the following further enquiries and accounts be made and taken ; that is to say, 6. An enquiry what real estate the testator was seized of or entitled to at the time of his death. 7. An account of the rents and profits of the testator's real estate received by, &c. 8. An enquiry what incumbrances (if any) affect the testator's real estate, or any and what parts thereof. (If sale ordered.) 9. An account of what is due to such of the incumbrances as shall consent to the sale hereinafter directed in respect of their incumbrances. 10. An enquiry, what are the priorities of such last-mentioned incumbrances ? And it is ordered that the testator's real estate be sold with the approbation of the Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale, and subject to the incumbrances of such of them as shall not consent. 11. And it is ordered that shall have the conduct of the sale of the real estate, and shall prepare the conditions and contracts of sale, and the abstract of title, subject to the approval of the Registrar, and that in case any doubt or difficulty shall arise the papers shall, with the like approval, be submitted to , Esquire, to settle. 12. And it is further ordered that, for the purpose of the enquiries hereinbefore di- rected, the Registrar shall advertise in the newspapers according to the practice of the Court, or shall make such enquiries in any other way which shall appeal' to the Registrar to give the most useful publicity to such en- quiries. 13. And it is ordered that the above en- quiries and accounts be made and taken, and that all other acts ordered to be done be com- 2 H 242 SUPREME COURT OF JUDICATURE. [Law J. pleted before the day of , and that the Registrar do certify the result of the enquiries and the aocounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of _ And it is ordered that the further con- sideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. [Such part only of this order is to be used as is applicable to the particular case.] 262. Obder foe Sale of Personal Estate. (Order XXIIL, Rule 13.) It appearing to me that it will be for the benefit of the estate that the remaining out- standing debts be sold, I do order that the debts now due to the estate of E.F., the testator [or intestate] mentioned in the Plaintiffs particulars of claim, be sold as soon as conveniently may be by [the receiver] by private contract [or public auction] for the highest price that can be obtained for the same. Dated this day of J.S., Judge. 263. Order for Sale of Real Estate. (Order XXIIL, Rule 12.) It appearing to me that it is necessary for carrying out the objects of this action that the real estate [or part of the real estate] of the deceased be sold, I do order that all that freehold [copyhold or leasehold] messuage or tenement, &c. [setting out parcels as in last conveyance], being the real [or part of the real] estate of E.F., late of in the county of , deceased, the testator [or intestate] mentioned in the Plaintiff's particulars of claim, be offered for sale by public auction at the Hotel at by Mr. , . auctioneer, and be then and there sold [provided the sum bid for the same be not less than £ or] to the highest bidder without reserve. Dated this day of J.8., Judge. 264. Order for Reference in Foreclosure Action by Legal Mortgage. (28 & 29 Vict. c. 99. s. 1.) It is ordered that it be referred to the Registrar to take an account of what is due to the Plaintiff for principal and interest on the mortgage mentioned in the plaint (making allowance on one side or the other for any rents or profits received by the Plaintiff and for any sums of money lawfully expended by the Plaintiff about the mortgaged premises), and to tax the Plaintiffs costs of this action, and that the Registrar do certify to the Court on the day of what he shall find to be due for principal and interest as aforesaid and for costs : And upon the Defendant paying into Court what shall be certified to be due to the Plaintiff for principal and interest as aforesaid, together with the said costs, within six months after the Registrar shall have presented his certifi- cate, it is ordered that the Plaintiff do re- convey the said mortgaged premises, free and clear from all incumbrances done by him, or any claiming by, from, or under him, and do deliver up to the Registrar all deeds and writings in his custody or power relating thereto, and that upon such re-conveyance being made, and deeds and writings being delivered up, the Registrar shall pay out to the Plaintiff the said sum so paid in as afore- said for principal, interest, and costs ; but in default of the Defendant jpaying into Court such principal, interest, and costs as afore- said by the time aforesaid, then it is ordered that the Defendant do stand absolutely de- barred and foreclosed of and from all equity of redemption of, in, and to the said pre- mises, and the Registrar is to settle the con- veyance if the parties differ about the same ; and it is further ordered that after the expira- tion of the said six months, the Plaintiff shall be at liberty to apply to the Court for a judg- ment for the foreclosure of the said mort- gage. [N.B. — Where the state of the account is ascertained at the first hearing, instead of the order of reference to the ^Registrar, begin, It is declared that the sum of £ is now due to the Plaintiff for principal and interest on the mortgage mentioned in the plaint, and it is ordered that the Registrar do tax the Plaintiffs oosts of this action, and that] Vol. 55.]- OEDERS AND RULES. 243 265. Ordeb of Sale in an Action by a Legal or Equitable Mortgagee or Person ENTITLED TO A LlEN. (28 & 29 Vict. o. 99. s. 1.) It is ordered that it be referred to the Registrar to take an account of what is due to the Plaintiff for principal and interest on the mortgage [or equitable mortgage or lien] mentioned in the plaint, and to tax the Plaintiffs costs of this action, and that the Registrar do certify to the Court on the day of what he shall find to be due for principal and interest as aforesaid, and for costs : And upon the Defendant pay- ing into Court what shall be certified to be due to the Plaintiff for principal and interest as aforesaid, together with the said costs, within six months after the Registrar shall have presented his certificate, it is ordered that the Plaintiff [do reconvey the said mortgaged premises free and clear from all incumbrances done by him, or any claiming by, from, or under him, and] do deliver up to the Registrar all deeds and writings in his custody or power relating thereto, and that upon such reconveyance being, made, and deeds and writings being delivered up, the Registrar shall pay out to the Plaintiff the said sum so paid in as aforesaid, for principal, interest, and costs ; but in default of the Defendant paying into Court such principal, interest, and costs as aforesaid by the time aforesaid, then it is ordered that the said mortgaged premises [or the premises subject to the said equitable mortgagee* or lien] be sold with the approbation of the Registrar : And it is ordered that the money to arise by such sale be paid into Court, to the end that the same may be duly applied in payment of what shall be found due to the Plaintiff for principal, interest, and costs as aforesaid, and that the balance (if any) shall be paid to the Defendant. It is ordered that the Defendant do stand absolutely debarred and foreclosed of and from all equity of redemption of, in, and to the said mortgaged premises. 266. Judgment for Foreclosure. (28 & 29 Vict. c. 99. s. 1.) "Whereas it appears to the Court that the Defendant has not paid into Court the sum which was on the day of last certified by the Registrar to be due to the Plaintiff for principal and in- terest upon the mortgage mentioned in the Plaintiffs particulars, and for costs, pursuant to the decretal order made in this action on the_ day of last, and that the period of six months has elapsed since the said day of * [Sic : query " mortgage." 267. Order in an Action for Foreclosure or Sale where an immediate Sale is di- rected under Section 25 of the Con- veyancing and Real Property Act, 1881. (44 & 45 Vict. c. 41.) This action coming on for trial this day, upon hearing, &c., declare that the Plaintiff is entitled to an equitable mortgage for the sum of £ and interest at per cent, upon the premises mentioned in the particulars, and the Plaintiff requesting that an immediate sale of the said mortgaged hereditaments may be directed, and it appear- ing by the evidence of that the rents of the said mortgaged hereditaments are in- sufficient to keep down the interest of the said mortgage debt, and that the Said hereditaments are an insufficient security for payment of the said mortgage debt and interest, and that it is therefore proper that an immediate sale of the property be ordered without giving the mortgagor the usual time to redeem, it is ordered that the said mortgaged heredita- ments be sold, with the approbation of the Judge [directions for sale, &c.], and it is ordered that an account be taken of what is due to the Plaintiff for principal and interest on his said mortgage and for his costs of this action to be taxed, &c, and let the money to arise from the sale heretofore directed be applied in payment of what shall appear to be due to the Plaintiff for principal, interest, and costs as aforesaid and be in the mean- time paid into, &c, and let the further hear- ing of this action be adjourned till Liberty to either of the parties to apply to the Court as he may be advised. 268. Particulars in Foreclosure Action where Debt is under 507. and Plaintiff claims that Defendant may be ordered Per- sonally to pay Debt. By an Indenture dated the 10th day of May, 1881, made between the defendant of the one part and the Plaintiff of the other part, the Defendant in consideration of 401. advanced to him by the Plaintiff, conveyed to the Plaintiff and his heirs a house and premises situate at Hastings, in the county of Sussex, by way of mortgage to secure the 244 SUPREME COURT OF JUDICATURE. [Law J. repayment of the said siun of 402. and interest at five per oent., and the Defendant cove- nanted with the Plaintiff to repay him the said sum of 402., together with interest as aforesaid, on the 10th day of November, 1883. The said sum of 402., together with an arrear of interest amounting in the whole to 452., remains due and owing to the Plaintiff. The Defendant is in occupation of the said mortgaged premises. The Plaintiff claims that the Defendant may be ordered personally to pay to the Registrar of this Court the said sum of 452., together with the Plaintiffs costs of this action, and that in default the Defendant may be foreclosed of his equity of redemption of the mortgaged premises. 269. Judgment in Foreclosure where Debt is under 502. and the plaintiff claims that defendant may be ordered per- SONALLY to pay the Debt. It is this day adjudged that the Plaintiff do recover against the Defendant the sum of £ for debt and £ for costs of this action up to and including the hearing, and it is ordered that the Defendant do pay the same to the Registrar of the Court on the day of , and in case the De- fendant do pay the same as aforesaid, it is ordered [usual direction for reconveyance of the mortgaged property] ; but in default of payment it is ordered that it be referred to the Registrar to take an account of what is due to the Plaintiff for prinoipal and interest on the mortgage of the house in the Plaintiff s Particulars mentioned, and to tax the Plaintiff is costs of his aotion, regard being had in taking the said amount* to the amount (if any) which may be paid by the Defendant or re- covered by the Plaintiff under the judgment hereinbefore contained, and it is ordered that the Registrar do certify to the Court on the day of what he shall find to be due to the Plaintiff for principal, interest, and coBts. And upon the Defendant paying into Court what shall be certified, &c, &c, within months after the Registrar shall have presented his certificate [usual direction for reconveyance] ; but in default [usual di/rection for foreclosure, see ante, form 265], and in that event it is ordered that the Defen- dant do give the Plaintiff possession of the said house. Liberty to the parties to apply as they may be advised. 270. Particulars in an Action for Specific Performance. By an agreement in writing the Plaintiff agreed to sell to the Defendant, and the De- fendant agreed to purchase of the Plaintiff, a freehold house situate at , to whioh the Plaintiff is entitled in fee-simple, for the sum of 4002. The said agreement is contained in two letters, dated respectively the 4th and 5th days of Maroh, 1885, the former of such letters, whioh was'addressed to the Defendant, being signed by the Plaintiff, and the latter, which was addressed to the Plaintiff, being signed by the Defendant. The defendant has refused to perform the said agreement. The purchase-money does not exceed the sum of 6002. The Plaintiff claims that the said agree- ment be specifically performed by the Defen- dant. The Plaintiff has always been ready and willing and hereby offers speoifioally to per- form the said agreement on his part. The Plaintiff claims 502. damages from the Defendant for breach of the said agreement. or, The Defendant by an agreement in writing dated the 7th day of March, 1885, and signed by him, agreed to grant to the Plaintiff a lease of a cottage and ten acres of land, situate at and called or known as White- house, at the yearly rent of 202. for the term of seven years, commencing from the 25th day of March, 1885. The Defendant has refused to perform the said agreement. The Plaintiff has always been ready and willing, and hereby offers speoifioally to per- form the said agreement on his part. The Plaintiff claims to have the said agree- ment speoifioally performed, and to have a lease granted to him accordingly. The value of the said cottage and land does not exceed the sum of 5002. 271. [Sio: query "account."] Judgment in an Action for Specific Performance. Adj udge that the agreement in the Plaintiff s particulars mentioned ought to be speoifioally performed and carried into exeoution, pro- vided a good title oan be made to the house therein mentioned and order the same accord - ingly. And it is ordered that the following en- quiries be made, that is to say (1), an enquiry Vol. 55.] ORDERS AND RULES. 245 whether a good title can be made to the' house in the said agreement mentioned ; (2), and in ease it shall appear that a good title can be made to the said house, an enquiry when it was first shewn that such good title could be made. And it is ordered that the farther hearing of this action be adjourned to , and that either of the said parties be at liberty to apply to the Court as he may be advised. Further order after enquiry and certificate of good title (1), it is ordered that interest be computed at the rate of five per cent, per annum from the day of , 188 , on the sum of 4001., the purchase-money for the house comprised in the agreement in the Plaintiffs particulars mentioned; (2), and that an account be taken of the rents and profits of the said house received by the Plaintiff or by any other person by his order or for his use, from the said day of , 188 ; in case the Plaintiff is in occupation of the house then add, " and if it shall appear that the Plaintiff has occupied the house then it is ordered that an annual value by way"of rent be set thereon, and that the Plaintiff be charged therewith in the account of rents and profits," and that what shall appear to be due on the said account of rents and profits be deducted from the said sum of 4001., and what shall appear to be due to the Plaintiff for interest thereon as aforesaid, and it is ordered that the balance be certified by the Registrar. If the Court so directs tax the Plaintiffs costs of this action. And upon the Plaintiff executing to the Defendant at the Defendant's expense a proper conveyance of the said house (such conveyance to be settled by the Judge in case the parties differ), and delivering to the De- fendant upon oath all deeds and writings in his custody or power relating to the said house, it is ordered that the Defendant pay into Court the balance payable in respect of the said purchase-money and interest, toge- ther with his said costs when so taxed. Liberty to either of the said parties to apply to the Court as he may be advised. or Adjudge specific performance of the agree- ment (as in previous form, omitting proviso as to title). And it is ordered that the De- fendant do execute a lease of the cottage and land comprised in the said agreement for the term therein mentioned to the Plaintiff, the said lease to contain the usual covenants [where a question is raised as to any special covenant being inserted, and also a covenant on the part of the Plaintiff to ], and it is ordered that such lease be settled by the Judge in case the parties differ, and it is ordered that the Plaintiff do execute to the Defendant a counterpart of the said lease. Directions as to costs. Liberty to either party to apply to the Court as he may be advised. 272. Ordee. — Dissolution of Partnership. (28 & 29 Vict. c. 99. s. 1.) It is declared that the partnership set forth in the Plaintiff's particulars between the Plaintiff and Defendant ought to stand dis- solved as from the day of , and it is ordered that the dissolution thereof as from that day be advertised in the London Gazette, &c. And it is ordered that be the re- ceiver of the partnership estate and effects in this action, and do get in all the outstanding book debts and claims of the partnership. And it is ordered that the following accounts be taken : — ■ 1. An account of the credits, property, and effects now belonging to the said partnership. 2. An account of the debts and liabilities of the said partnership. 3. An account of all dealings and transac- tions between the Plaintiff and Defendant from the foot of the settled account exhibited in this action and marked (A.), and not dis- turbing any subsequent settled accounts. And it is ordered that the goodwill of the business heretofore carried on by the Plaintiff and Defendant as in the plaint mentioned, and the stock-in-trade, be- sold on the pre- mises, and that the Registrar may, on the application of any of the parties, fix a re- served bidding for all or any of the lots at such sale, and that either of the parties are to be at liberty to bid at the sale. And it is ordered that the above accounts be taken, and all the .other acts required to be done be completed, before the day of , and that the Registrar do certify the result of the accounts, and that all other acts are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of And, lastly, it is ordered that the action stand adjourned for giving judgment to the day of 273. Partnership. (28 & 29 Vict. c. 99. s. 1.) Judgment. It is ordered that the fund now in Court, amounting to the sum of £ , be applied as follows : — 246 SUPREME COUET OF JUDICATURE. [Law J« 1. In payment of the debts due by the partnership set forth in the Registrar's certi- ficate, amounting in the whole to 2. In payment of the costs of all parties in this action, amounting to £ . [These costs must be ascertained before the decree is drawn up.] 3. In payment' of the sum of £ to the Plaintiff as his share of the partnership assets, and of the sum of £ , being the residue of the said sum of £ now in Court, to the Defendant as his share of the partnership assets. [Or, And that the remainder of the said sum of £ be paid to the said Plaintiff [or Defendant] in part payment of the sum of £ certified to be due to him in re- spect of the partnership accounts. . And that the Defendant [or Plaintiff] do, on or before the day of , pay to the Plaintiff [or Defendant] the sum of £ , being the balance of the said sum of £ due to him whioh will then remain due]. 274. Notice of Order to absent Party. (Order III. Eules 24 and 25.) Take notice, that on the day of the order of which a copy is hereunto annexed was made in this action, and that from the service of this notice you will be bound by the proceedings in the above action in the same manner as if you had been originally made a party to it, and that you may attend the proceedings under the said order, and that you may apply to the Court to add to the order. Dated this day of 18 . To Begistrar of the Court. 275. Summons to Parties to attend upon taking Accounts. (Order XXIV. Rule 2.) Let all parties concerned attend me at my chambers, , on the day of ,18 , at o'clock in the forenoon, to proceed with the accounts and enquiries directed by the judgment or order herein, dated the day of 18 . Dated this day of Registrar of the Court. 276. Notice to Creditor to prove his Claim. (Order XXIV. Rule 10.) You are hereby required to prove the claim sent in by you against the estate of A.B., de- ceased, by filing such affidavit as you maybe advised in support thereof, and by giving notice thereof to me, on or before the day of next, and by attending at my office on the day of 18 , at o'clock in the noon, being the time appointed for adjudicating on the claim. Dated this day of 18 . To Registrar of the Court. 277. Notice to Creditor of Allowance of Claim. (Order XXIV. Rule 11.) The claim sent in by you against the estate of A.B., deceased, has been allowed at the sum of , with interest thereon at per cent, per annum, from the day of 18 , and for costs. [If part only allowed, add, If you claim to have a larger sum allowed, you are hereby required to prove such further claim by filing such affidavit as you may be advised in sup- port thereof, and by giving notice thereof to me on or before the day of next, and by attending at my office on the day of 18 , at o'clock in the noon.] Dated this day of 18 . Registrar of the Court. 278. Registrar's Certificate. (Order XXIV. Rule 15.) In obedience to the order of this Court made in the above action, I hereby certify that the result of the accounts and enquiries [or of the sale and apportionment] which have been taken and made in pursuance of the made in this dated the day of 18 , is as follows : — The Plaintiffs and Defendants have attended by themselves or by their respective solicitors. Notice of Order. Notice of the said order of the day of 18 has been served upon The persons so served include all the now living and the personal re- Vol. 55.] ORDERS AND RULES. 247 preservatives of such of them as are dead, except such as are parties to this action, and except hereinafter named. Service of notioe of the said order upon the said was dispensed with. Personal Estate Account. The Defendant the executor [or administrator] of the testator [or intestate] named in the said have reoeived personal estate to the amount of £ , and they have paid or are entitled to be allowed on account thereof sums to the amount of £ , leaving a balance due from [or to] them of £ on that account. References to Account. The particulars of the above reoeipts and payments appear in the account marked A. verified by the affidavit of the said Defendant filed the day of , and the account marked B. verified by the affidavit- of filed the day of _ , and which accounts are to be filed with this certificate. Variations from Accounts, Except that in addition to the sums ap- pearing in such account to have been re- ceived, the said Defendant [or Plaintiff] is [or are] charged with the following sums; (that is to say,) £ , and except that of the items of disbursement in the said account I have disallowed those numbered , and I have deducted from the item numbered the sum of £ , and from the item numbered the sum of £ , and in addition to the disbursements appearing in such account the said Defendant has paid and been allowed the sum of £ Special Allowances in Accounts. The payments allowed to the said Defen- dant [or Plaintiff] in the said account include the sum of £ paid into Court to the credit of this action, on the day of 18 . 'Reference to Transcript of Account. The before-mentioned account marked A. has been altered, and the account marked A. B., and which is also to be filed with the certificate, is a transcript of the said account marked A. as altered and passed. No Personal Estate received. The Defendant the executor [or administrator ] of the testator [or intes- tate] named in the said have not, nor hath any or either of them, or any person or persons by their or any or either of their order, or for their or any or either of their use, received any part of the personal estate of the said testator [or intestate]. Funeral Expenses, The funeral expenses of the testator [or intestate], amounting to the sum of £ , have been paid and are allowed the Defen- dant [or Plaintiff ] the executor [or administrator] of the said testator [or intestate] in the said. account of personal, estate [hereinafter mentioned]. Debts. The debts of the testator [or intestate, in- cluding the Plaintiffs] which have been allowed are set forth in the Schedule hereto, and, with the interest thereon, and costs mentioned in the said Schedule, are due to the Plaintiff and the other persons named therein, and amount altogether to No other person has been allowed, or come in and proved, any debt against the estate of the said testator [or intestate], and the time fixed by advertisement for that purpose has expired. Such of the said debts as are specialty are set forth in the first part of the said Schedule, and amount to £ ; such as are simple contract are set forth in the second part of said Schedule, and amount to £ . Interest on Debts. The interest on such debts is computed down to the date of this certificate, and after the rate of 41. per centum per annum, from the day of 18 , the date.of the said order, unless otherwise specified in the said Schedule. Legacies and Annuities. The legacies given by the testator, other than annuities, are set forth in the first part of the Schedule hereto, and, with the interest therein mentioned, remain due to the persons therein named, and amount altogether to £ The annuities given by the testator, with the arrears due thereon, are set forth in the second part of the said Schedule. Such arrears amount to £ . Interest on Legacies. The interest on such legacies is computed down to the date of this certificate, and after the rate of 42. per centum per annum, from the day of 18 , the end of one year after the testator's death, unless otherwise specified in the said Schedule. The arrears of the annuities are computed to the date of this certificate, and from the testator's death, unless otherwise specified in the said Schedule. Outstanding Estate. The personal estate of the said testator [or intestate] [not specifically bequeathed] 248 SUPREME COURT OF JUDICATURE. [Law J. outstanding or undisposed of consists of the particulars set forth in the Schedule hereto. Real Estate. The real estate which the said testator [or intestate] was seized of or entitled to consists of the particulars set forth in the Schedule hereto. Incumbrances on Real Estate. The incumbrances affecting the said testa- tor's [or intestate's] real estate are specified in the - Schedule hereto. Rents and Profits Account. The Defendants [or Plaintiff ] , the trustees named in the said decretal order, have received rents and profits of the testa- tor's real estate to the amount of £ , and they have paid or are entitled to be allowed on account thereof sums to the amount of £ , leaving a balance due from [or to] them of £ on that ac- count. No Rents and Profits received. The Defendants [or Plaintiff ] , the trustees named in the said order, have not, nor hath any or either of them or any person or persons by their or any or either of their order, or for their or any or either of their use, received any sum or sums of money on account of the rents and profits of the testator's [or intestate's] real estate. Next of Kin. The next of kin, according to the statutes for the distribution of the effects of intestates, of the intestate named in the said living at the time of his death were of whom the said have since died. The legal personal representative of the said is The legal personal representative of the said is The legal personal representative of the said is Dated this day of Registrar of the Court. and the orders of this Court dated the day of 18 and day of 18 ; and upon hearing the solicitors for [names of parties appearing, no one appear- ing for , though served with notice of the said order] : It is ordered that the costs of all parties of this action be taxed, including in the costs of the Defendant G.H. any costs, charges, and expenses properly incurred by him as execu- tor and trustee of the will of the testator not being costs of suit. And it is ordered that the Defendant G.H. be at liberty, out of the sum of £ by the said certificate found due from him on account of the personal estate of the testator, to retain the amount of his said costs when taxedi* And it is ordered that the said Defendant G.H. do pay the balance of the said sum of £ found due from him as aforesaid remaining after such retainer as aforesaid into Court to the credit of this action, the account of the testa- tor's personal estate. And it is ordered that the costs of all other parties when taxed be paid out of any moneys in Court to the credit of this action, the account of the testator's personal estate. And it is ordered that out of any moneys standing to the last-mentioned account remaining after providing for the said costs, the debts of the testator included in the schedule to the Registrar's certificate, with interest at 4 per cent, from the foot of the Registrar's certificate, the amount to be verified [state mode of verifi- cation], be paid to the creditors when such debts are certified to be due, and that out of any moneys to the credit of the last-men- tioned account, after providing for payment of the costs and the debts as aforesaid, the two legacies by his certificate found due to be paid together, with interest at 4 per cent, from the foot of the certificate [state mode of verification], to the said legatees respectively : Declare that according to the true con- struction of the testator's will the ultimate balance of the testator's personal estate, and the proceeds of the sale of the testator's real estate, are divisible as follows : — 279. Administration Action Order on furtheb Consideration. This action coming on to be heard for fur- ther consideration, and upon readingthe order of this Court made on the day of , 18 [original order for accounts and enquiries], and the certificate of the Registrar, dated the day of 18 , made in pursuance of the said order [Order for distribution amongst parties entitled and payment, the shares of infants being carried over to accounts intituled ac- cording to circumstances.] And it is ordered that any of the parties are to be at liberty to apply to the Court as they may be advised. Dated this day of , 18 . * If balance in hand of G.H. not paid into Court. Vol. 55.] ORDERS AND RULES. 249 280. Notice that Registrar's Certificate may be inspected. (Order XXIV., Rule 16.) Take notice, that the certificate of the re- sult of the enquiries made and accounts taken by me under the order of this Court made on the day of in this action lies in my office and can be inspected by you up to and inclusive of the day of [here insert the day before the cause is to be further heard]. To Registrar of the Court. 281. Particulars in an Action for Partition or for Sale and Distribution of Proceeds. 1. By will dated 1st January, 1870, D. devised all his real estate to E. his wife for life, with remainder to such of his children as should survive him as tenants in common in fee. 2. D. died on the 2nd January, 1871, and his will was proved on the 3rd March, 1871. 3. D. left the said E. his widow and three children only, viz., the Plaintiff .A., the De- fendant B., and a daughter C, him surviving. 4. The said E., the widow of the testator, and the tenant for life of the real estate of the testator under his said 1 will, died on the 4th day of April, 1884. 5. The said C. married P., and went with her said husband to reside in the United States, and she died there, leaving her husband and three children her surviving. It is not known in whom the one-third part or share of the real estate of the testator by his will devised to the said C. is now vested. 6. The real estate of the said testator con- sists of two houses situate at ... . The value of the said two houses does not exceed 5002. 7. A sale of the said two houses and a dis- tribution of the proceeds will be more bene- ficial than a division of the property. The Plaintiff claims a sale of the said two houses and a distribution of the proceeds amongst the parties interested. 282. Preliminary Enquiry directed in an Action for Partition for the Purpose of ascer- taining who are the Persons interested in the Property. It is ordered that an enquiry be made who are the persons interested in the heredita- ments in the particulars in this action men- Vol. 56", — Orders and Rules. tioned, and to what shares and proportions and for what estates and interests, and whe- ther they are parties to this action. And it is ordered that the further hearing of this action be adjourned, and any of the parties are to be at liberty to apply as they may be advised. 283. Order dispensing with Service of Notice of Judgment on Persons interested. It appearing that notice of the judgment or order on the hearing of this action cannot be served on all the • persons on whom that notice is by the Partition Act, 1868, required to be served [or cannot be so served without expense disproportionate to the value of the property to which the action relates], it is, on the request of parties interested in the said property, ordered that service on [name persons] be dispensed with, and in- stead thereof it is ordered that advertisement be published in [state particulars of adver- tisements, names of newspapers, Ac, <&c, and times when to be published] calling upon all persons claiming to be interested in the said property who have not been so served to come in and establish their claims in respect thereof before the Judge within from the day of, &c. 284. Judgment for Partition without refer- ence. Declare that the Plaintiff is entitled to one equal moiety of the two freehold houses mentioned in the Plaintiff's particulars of claim, and that the infant Defendant is en- titled to the remaining moiety, and it appear- ing that the said two houses are of equal value, declare that it will be for the benefit of the infant Defendant that the said two houses be partitioned, divided, and allotted in manner following ; that is to say, that the house being No. 1 .... be allotted to the Plaintiff, and the house being No be allotted to the infant Defendant, and it is ordered that the said two houses be parti- tioned, divided, and allotted accordingly. And it is ordered that the Plaintiff and the said infant Defendant hold and enjoy their said moieties in severalty according to such allotment. And it is declared that the said infant Defendant is a trustee within the meaning of the Trustee Apts. And it is ordered that the guardian of the infant De- fendant and the Plaintiff do execute mutual conveyances to be settled by the Judge [or 21 250 SUPEEME COUET OF JUDICATURE. [I/AW J. Registrar] in case the parties differ. And it is ordered that all deeds and writings or other evidence of title relating to the said houses in the custody or power of any of the parties as exclusively relate to the house allotted to the Plaintiff be delivered to him, and that such of the deeds and writings or other evi- dence of title in the custody or power of any of the parties as exclusively relate to the house allotted to the infant Defendant be delivered to the guardian of the infant Defen- dant to hold for and on behalf of the infant. Special direction as to deeds and writings relating to both houses. Liberty to apply, &c. 285. Okder for Sale under Section 3 of the Partition Act, 1868. The Plaintiff by his solicitor requesting a sale of hereditaments in his particulars of claim in this action mentioned, and it ap- pearing to the Judge that by reason of the nature of the property* [or of the number of the parties interested or presumptively in- terested therein] a sale of the property and a distribution of the proceeds will be more beneficial for the parties interested than a division of the property between or among them, it is ordered that an enquiry be made by the Registrar who are the persons interested in the said hereditaments, and in what shares and proportions and for what estates and interests, and whether they are parties to this action. And if it shall be certified that all the parties interested are parties to this ac- tion, and that the Plaintiff is one of the said parties, it is ordered that the said heredita- ments be sold with the approbation of the Judge, and it is ordered that the money to arise from such sale be paid into [usual direction] ; but if it shall be certified that all the parties interested are not parties to this action, it is ordered that any of the parties interested be at liberty to apply to the Judge for a sale when it shall have been certified that all persons who are not parties and who ought to be served with notice of the judg- ment or order so have been served. And it is ordered that the further consideration of this action be adjourned, and any of the parties are to be at liberty to apply as they may be advised. * State grounds on which Court proceeds under section 3. 286. Order for Sale under Section 4 of the Partition _Act, 1868. The Plaintiffs who claim to be interested in a moiety or upwards of the hereditaments in the particulars of claim in this action mentioned by their solicitor requesting a sale of the said hereditaments and a distribution of the proceeds instead of a division of the same between or amongst the persons in- terested, it is ordered that an enquiry be made who are the persons interested in the said hereditaments, and in what shares and proportions and for what estates and interests, and whether they are parties to this action ; and if it shall be certified that all the persons interested are parties to this action, and that the Plaintiffs are interested to the extent of one moiety or upwards in the said heredita- ments and request a sale thereof, it is ordered that the said hereditaments be sold with the approbation of the Judge, and it is ordered that the "money to arise from such sale be paid into [usual direction] ; but if it shall be certified that all the persons interested are not parties to this action, it is ordered that any of the parties interested are to be at liberty to apply to the Judge for a sale when it shall have been certified that all persons who are not parties and who ought to be served with notice of the judgment or order have been so served, and that the parties or party interested collectively or individually to the extent of one moiety or upwards in the said hereditaments request a sale. And it is ordered that the further consideration of this action be adjourned, and any of the parties are to be at liberty to apply as they may be advised. 287. Notice of Change of Solicitor. (Order LI. Rule 5.) To the Registrar of the Court. Take notice, that I, A.B. [or CD.], who have hitherto employed as my solicitor O.H. of in the above-mentioned action, have ceased to employ him, and that my pre- sent solicitor is I.K. of A.B. [or CD.] Dated the day of 18 . 288. Order for Payment of Legacy into High Court of Justice. (28 & 29 Vict. c. 99. s. 5. ; 86 Geo. S. c. 52. s. 82. ; Order XXXVII. Rule 6.) Whereas it has been found by this Court by its order of the day of Vol. 55.] ORDERS AND RULES. 251 in this action [or matter] that K.L. of is entitled to the sum of ; and whereas the said K.L. is an infant [or absent beyond seas], and it appearing to the Court that it is desirable that, under the power given to it by section 5 of the Act twenty- eight and twenty -nine Victoria, chapter ninety- nine, CD., the Defendant in this action [or matter, as the case may be], should be or- dered to pay such sum of "money to the Assistant Paymaster-General of the Supreme Court, in accordance with the provisions of section thirty-two of the Act thirty-six George the Third, chapter fifty -two, it is ordered that the said do pay the same accord- ingly, and do within days produce to the Registrar of this Court the certificate of the said Paymaster-General of the pay- ment to him of such money. By the Court, Registrar of the Court. fault, and the Judge may thereupon direct a warrant of exeoution to issue in accordance with section 5 of the County Courts Act, 1865. 289. Order of Transfer of Action or Matter to High Court of Justice. (28 & 29 Vict. c. 99. s. 9. ; Order XXXIII. Rules 5, 6.) "Whereas it appearing that the subject- matter of this action [or matter] exceeds in amount the sum of 500Z., it is ordered that this action [or matter] be transferred to the High Court of Justice, together with the annexed certificate of the Registrar of this Court, shewing the state of the action [or matter] and the proceedings that have been had therein in this Court. By the Court, [Indorsement on last Order.] N.B. — Your attention is drawn to the following provisions of the Act 36 Geo. 3. c. 52. and to Order XXXVII. Rule 6, of the County Court Mules, 1885. Any legacy or sum of money to which any person who is an infant or absent beyond seas may be found or declared entitled by any County Court in any action or matter under that Act may be ordered by the Court to be paid by the Paymaster-General of the Supreme Court, in accordance with the pro- visions of section thirty -two of the Act thirty- six George the Third, chapter fifty-two ; and the person ordered to pay the same shall, within such time as the Court shall direct, produce to the Registrar of the Court the certificate of the Paymaster General of the payment of suph money ; and if default be made in such payment the Judge may direct a warrant of execution to issue to the High Bailiff of the Court, who by such warrant shall be empowered to levy or cause to be levied by distress and sale of the goods and chattels of suoh person a sum of money equal in amount to the sum which he was ordered to pay to the said Paymaster-General and to the costs incurred by reason of such default, and the sum so levied shall be paid to and be receivable by the said Paymaster- General under the direction of the Court. Order XXXVII. Rule 6.— Where default shall be made in the production of the certi- ficate of the Paymaster-General for the Su- preme Court pursuant to the order made by the Judge, the Registrar shall give notice in writing to the Judge of the fact of such de- Registrar of the Court. 290. Notice of Application for Interlocutory Order in the nature of an Injunction. (Order XII. Rules 5, 7.) Take notice, that I, A.B., intend to apply at the sitting of the Court to be held at [or to His Honour Judge at ] on the day of 18 , at o'clock in the noon for an order in the nature of an injunction to restrain CD., of , [or to restrain him from receiving and giving discharges for any of the debts due to the partnership in the matter of the partnership between us, for the winding up of which the action was commenced, or from digging the turf from the land which was agreed to be sold by him to me by the agreement, the specific per- formance of which this action is commenced to enforce, or, as the case may be}. Dated this day of 18 . A.B. To CD., of 291. Interlocutory Order in the Nature of an Injunction. (Order XII. Rules 5, 7.) The Plaintiff undertaking [by his counsel or solicitor] to abide by any order this Court may make as to damages, in case this Court shall hereafter be of opinion that the Defen- dant shall have sustained any, by reason of 252 SUPEEME COUET OF JUDICATUBE. [Law J. this order, which the Plaintiff ought to pay: Now, therefore, CD., the Defendant in this cause, his servants, agents, and workmen, are hereby strictly enjoined and restrained from pulling down or suffering to be pulled down the house being 'Number 16, Blank Street, Islington, in the county of Middlesex, and from selling the materials whereof the said house is composed [or from entering into any contract or contracts, and from ac- cepting, drawing, indorsing, or negotiating any bills or bill of exchange, notes or note, or written securities or security, in the name of the partnership firm of , and from contracting any debts or debt, and buy- ing and selling any goods, and from making or entering into any verbal or written pro- mise, agreement, or undertaking, and from doing or causing to be done any acts or act in the name or on the credit of the said partnership firm, or whereby the said part- nership firm can or may in any manner become or be made liable to or for the pay- ment of any sums or sum of money, or for the performance of any contract, promise, or undertaking, or, as the case may be], until the day after the day upon which the cause shall be heard, or until further order [or until the day of , upon which day this Court will consider whether this order shall be further continued]. Dated this day of 18 . J.8., Judge. If you, the said CD. [your servants, agents, or workmen], act in disobedience to this order, you, the said CD., will be liable to be com- mitted by this Court, and also be liable to have your estate sequestered. 292. Notice to be indorsed on Order under Order XXV. Bule 40. To A.B., of Take notice, that unless you obey the di- rections contained in this order, obedience thereto will be enforced by attachment. Dated this day of 18 . ' Begistrar of the Court. 293. Notice of Application for Committal. (Order XXV. Bule 41.) Take notice, that the Plaintiff A.B. will on the day of 18 apply to this Court for an order for your committal to prison for having di&pb/eyed the order of this Ggur( made or \ ^8 ^ °* 18 enjoining and restraining you [or for having neglected to obey the order made on the day of 18 requiring you] [here set out the mandatory part of the Order] ; and further take notice that you are hereby required to attend the Court on the first-mentioned day to shew cause why an order for your committal should not be made. Dated this day of 18 . E.F., Begistrar of the Court. To CD., the Defendant. 294. Order of Committal for Breach of an Order in the Nature of an Injunction. (Order XXV. Bule 42.) Whereas by an order of this Court, dated the day of 18 [here recite the order] : Now, upon the application of the Plaintiff, and upon hearing the Defendant [or if the Defendant does not appear, read- ing the affidavit of X.Y., or where service has been by baiUff, of L.M., a bailiff of this Court, or the County Court of holden at , shewing, or being satis- fied on oath, that a copy of the said order and notice of this application have been severally served upon the Defendant CD.], and upon reading the affidavit of, &c. [enter evidence], the Court being of opinion, upon consideration of the facts disclosed by the said affidavit [or affidavits], that the said Defendant CD. has been guilty of a con- tempt of this Court by a breaoh of the said order, doth order that the said Defendant CD. do stand committed to [here insert prison used by the Court] for his said con- tempt, and that a warrant of attachment for the arrest of the said CD. be forthwith issued. It is further ordered that any application for his release from custody shall be made to the Judge. 295. Order of Committal for Neglect to obey Order. (Order XXV. Bule 42). Whereas by an order of this Court, dated the day of 18 [here recite the order] : Now, upon the application of the Plaintiff, and upon hearing the defendant, [or if the defendant does not appear, reading the affidavit of X.Y., or where service has been by bailiff, the indorsement of L.M., a bailiff of this Court, or the County Court ot holden at , shewing or Vol. 55.] OEDERS AND RULES, 253 being satisfied on oath, that a copy of the said order and notice of this application have been Severally served upon the Defendant CD.,] and upon reading the affidavit of, &c. [enter evidence], the Court being of opinion, upon consideration of the facts disclosed by the said affidavit [or affidavits] , that the said Defendant CD. has been guilty of a contempt of this Court by neglecting to obey the said order, doth order that the said defendant CD. do stand committed to [here insert prison used by the Court] for his said con- tempt. It is further ordered that any application for his release from custody shall be made to the Judge. 296. Warrant of Attachment. (Order XXV. Rule 42.) To the High Bailiff and others the bailiffs of the said Court and all peace officers within the jurisdiction of the said Court, and to 1 the Governor of the [here insert prison used by the Court], Whereas by an order bearing date the day of it was ordered that the Defendant CD. .should stand committed to prison for contempt of this Court : These are therefore to require you forth- with to arrest and apprehend the Defendant CD., and him safely convey and deliver to the Governor of the [prison used by this Court] , and you, the said Governor, to re- ceive the Defendant CD. until the further order of this Court. Dated this day of 18 . E.F., Registrar of the Court. 297. Warrant of Attachment for Insult or Misbehaviour. . (9 & 10 Vict, c. 95. s. 113.) To the High Bailiff and others the Bailiffs of the said Court, and all Peace Officers within the jurisdiction of the said Court, and to the Governor of the [prison used by the Court] . Whereas at a Court holden on this day A.B. wilfully insulted His Honour the Judge during his sitting in Court [or CD., the Registrar, High Bailiff, bailiff, or officer (as the case may be) of the said Court during his attendance in Court, or wilfully interrupted the proceedings of the said Court, or wilfully misbehaved in the said Court] : These are therefore to require you, the said High Bailiff, bailiffs, and others, to take the said A.B., and to deliver him to the Governor of the above-named prison, and you, the said Governor, to receive the said A.B. and him safely to keep in the said prison for days from the arrest under this warrant, or until he shall be sooner discharged by due course of law. Given under the seal of the Court this day of 18 . Judge of the Court. 298. Notice of Application for Discharge from Custody. (Order XXV. Rules 48, 44.) Take notice, that I intend on the day of 18 to apply to this Court [or the Registrar of this Court] to discharge me from custody, I being desirous of clearing my contempt. Dated this day of 18 . CD., Defendant. To A.B., Plaintiff. 299. Order of Discharge from Custody. (Order XXV. Rules 43, 44.) Upon application made this day of by for the Defendant, who was committed to prison for contempt, by order of this Court, dated the day of 18 , and upon reading the affidavit of the Defendant filed the day of 18 , shewing that he is desirous of clearing his contempt, and upon hearing the Plaintiff [or if no one ap- pears fpr plaintiff, then upon being satisfied that notice of. this application has been duly served upon the plaintiff] , it is ordered that the said Defendant be discharged out of the custody of the Governor of [Jiere insert name of prison] as to the said contempt, but not as to the costs 6f the said contempt. Dated this day of 18 . E.F., Registrar of the Court. 300. Affidavit, under 30 & 31 Vict. c. 142. s. 24. (Order XXXVIII. Rule 9.) In the County Court of holden at In the matter of " The County Courts Act, 1867," and of [add the title of the particular trust, as " the trusts of a certain indenture 254 SUPREME COURT OP JUDICATURE. [Law J. of mortgage, dated the day of and made between A.B. and CD."] I, CD., of [address and description] , make oath and say as follows : — 1. State place for service, as — My house being is the place where I am to be served with any notice or application rela- ting to the trust fund hereinafter mentioned. 2. State the amount of money or stock proposed to be paid or transferred, or secu- rity deposited in trust to attend the orders of the Court, as under the provisions of the said Act, I desire to pay into the Post Office Savings Bank the sum of herein- after mentioned. 3. Set out a short description of the trust and of the instrument creating it, as By the indenture before-mentioned a certain mes- suage situate at , with the appur- tenances, was mortgaged by the said A.B. to me, my heirs and assigns, for securing to me the repayment on the day of 18 , of the sum of £ , with interest for the same at the rate of £ per cent, per annum, and the said indenture contained a power of sale in case of default in payment, and it was by the said indenture declared that the moneys to arise from any such sale should, after retaining thereout the expenses of executing the said power, and the said principal money and interest, be paid to the said A.B., his heirs or assigns. The said A.B. died on or about the day of , and by his will, dated the day of , appointed E.F. of,* executor thereof, and devised the said here- ditaments, subject to the said mortgage, unto G.H. of* and J.K. of * in trust for the said E.F., for his life, and after his death upon certain trusts for sale, and for the division of the proceeds amongst the following per- sons, namely, the testator's son M.N. of,* and his children or child, and the testator's daughter 0., the wife of P.Q. of,* and her children or child. The said E.F. proved the said will in [state in what Court] , and is still living. The said Q.S. never acted in the trusts of the said will, &c. On or about the day of , I sold the said hereditaments by public auction to X.Y., of [address and description] , at the price of £ f After retaining out of the said £ the costs of sale, and the sum of , being the total amount of principal moneys and interest due upon the said mortgage, and the sum of £ , being the costs of paying * Here insert present address and description. If the address of any person interested be un- known to the trustee, this fact must be set forth in the affidavit. the fund into Court, a balance of £ now remains in my hands, and the sum of £ , which I deBire to pay into the Post Office Savings Bank,' in trust to attend the orders of this Court in the said balance of£ 4. State the names of the persons inter- ested in, or entitled to, the fund, to the best of the trustee's knowledge or belief, as — To the best of my knowledge and belief, the said G.H. and J.K., as such trustees as aforesaid, and the said E.F., M.N., and his children or child [stating, if known, their names] , and O.P. and her children or child [stating, if known, their name's], are the only persons interested in the said fundr 5. Add submission to answer enquiries, as — I" submit to answer all such enquiries re- lating to the application of the said fund of £ as the Court may think proper to make or direct. Sworn at, &c. 301. Petition. (30 & 31 Vict. c. 142. s. 24 ; Order XXXVIII. Rule 22.) at In the County Court of , holden In the matter of the County Courts Act, 1867: and In the matter of the trusts of the will of A.B., deceased, so far as regards one moiety of the residuary estate bequeathed to CD. and her children. To His Honour the Judge of the said Court. The petition of E.F., of Sheweth — 1. That G.H., of , under the provisions of the above-mentioned Act, on the day of 18 , paid into the Post Office Savings Bank situate at in the name of the Registrar of this Court, in trust to attend the orders of this Court, the sum of £ 2. On the occasion of his making the said payment the said G.H. made an affidavit, intituled as aforesaid, and sworn the day of 18 , pursuant to the rules and orders of the Court. Your petitioner to save expense has not set forth the contents of the said affidavit, but your petitioner craves leave to refer thereto. 8. In addition to the matters stated in the said affidavit, your petitioner sheweth that [state any material facts not set forth m the affidavit, or which it is necessary to state in Vol. 55.] ORDERS AND RULES. 255 correction or qualification of the statements in the affidavit.] 4. Your petitioner is the same person as CD. in the paragraph of the said affidavit named as one of the persons interested in the said trust fund. 5. Your petitioner, under the trusts of the said will of the said A.B., is entitled to the income of the said trust fund during her life. Your petitioner prays that the dividend and income to accrue due on the said trust fund during the life of your peti- tioner may he ordered to he paid to her during her life or until further order. Note. — It is not intended to serve this petition o,n the person interested in the capital of the said trust fund. or, where petition is by remainderman after death of tenant for life. 1. That G.H., of , under the provisions of the above-mentioned Act, on the day of 18 , paid into the Post Office Savings Bank, situate at , in the name of the Eegistrar of this Court, in trust to attend the orders of the Court, the sum of £ 2. On the occasion of his making the said payment, the said GMT. made an affidavit, intituled as aforesaid, and sworn the day of 18 , pursuant to the rules and orders of the Court. Your petitioner to save expense has not set forth the contents of the said affidavit, but your petitioner craves leave to refer thereto. 3. * Your petitioner is the same person as in the paragraph of the said affidavit named as one of the persons interested in the said trust fund, or, t Your petitioner is one of the children of CD. in the paragraph of the said affidavit mentioned as being interested in the said trust fund. 4. By an order of the Court made in the above matters on the day of 18 , upon the petition of the said CD., it was, amongst other things, ordered that the dividends and income thereafter to accrue due during the life of the said CD., in re- spect of the said sum of £ should be paid to the said CD. during her life or until further order. 5. The said CD. died on the day of 18 , having duly received all the dividends and income payable to her under the said order, but an apportioned part of the interest accrued on the said sum of £ , since the day of 18 , will be payable to the representative of the said CD. * If named in the affidavit. f II not named in the affidavit. C. There were four children of the said CD. entitled, subject to her life interest, to the said trust fund, viz. [state persons in- terested in principal moneys], and your peti- tioner, as one of such children, is entitled to one fourth, share of the said trust fund and the interest accrued in respect thereof since the day of 18 , other than the apportioned part payable to the repre- sentative of the said C D. deceased. Your petitioner prays that the costs of your petitioner and of all other parties to this application may be taxed as between solicitor and client and paid out of the said trust fund other than the said apportioned sum of £ , and that the residue of the said trust fund other than as aforesaid may be divided into equal parts, and that one of such parts may be paid to your petitioner. Note.— It is proposed to serve this peti- tion on the said G.H., and on [other persons interested in the trust fund.] 302. Order. (30 & 31 Vict. c. 142. s. 24. Order XXXVIII., Rule 26.) In the County Court of , holden at In the matter of the County Courts, 1807 ; and In the matter of ,the trusts of the will of A.B., deceased, so far as regards one moiety of his residuary estate bequeathed • to CD. and her children. Upon the petition of E.F, of , and upon reading the affidavit of G.H. E trustee or other person paying money into lourt], and the several affidavits of , filed in the above matters and sworn respec- tively on the day of and day of [and the order of this Court dated *], and upon hearing the solicitor for the Plaintiff and the solicitor for I.K., L.M., N.O., infants under the age of 21 years, appearing as Respon- dents to the said petition by , their guardian ad litem, and it appearing that according to the true construction of the will of the said A.B., and in the events that have happened, the moiety of the residuary estate of the said testator bequeathed to CD. and her children has become vested in the said petitioner, and in I.K., L.M., and - N.O., m equal shares as tenants in common. It is * Any previous order on the above matters. 255 SUPREME COURT OF JUDICATURE. [Law J. ordered that the costs of all parties appear- ing on the said petition be taxed ; and it is ordered that the said costs when taxed be paid out of the sum of £ stand- ing in the name of the Registrar of this Court in the Post Office Savings Bank at , to the credit of the above matters ; and it is ordered that the residue of the said sum of £ remaining after payment of the said costs be divided by the Registrar into four equal parts, and that one of such fourth parts be paid to the petitioner, and that the Registrar do carry over one other of such fourth parts to the separate account of I.K., an infant, his share of the moiety of the residuary estate of A.B., de- ceased, bequeathed to C.D., and her children [similar directions as to the remaining two other fourth parts], and it is ordered that the said I.E., L.M., N.O. be at liberty to apply to the Registrar for payment to them 'respectively of their said shares on their re- spectively attaining their age of 21 years, and any of the parties are to be at liberty to apply to this Court as they may be advised. 303. Notice of Day upon which Petition will BE HEARS. (Order XXXVIIL, Rule 2.) In the matter of Take notice, that the petition, a sealed copy of which is served herewith, will be heard at a County Court to be holden at on the day of 18 , at the hour of o'clock in the fore- noon, and that if you do not attend either in person or by your solicitor at the time and place above mentioned, such order will be made and proceeding taken as the Judge may think just. Dated this day of , To Registrar of the Court. of 304. Certificate in case of Money. (Order XXXVIIL, Rules 14, 15.) In the matter of the [trusts of ]. I hereby certify that [state name, address, and description of party making the appli- cation] has this day filed with me, the Regis- trar of this Court, an aflidavit entitled as above mentioned, with reference to a trust fund or sum of therein mentioned, which sum, as therein stated, he desires to pay into my name as such Registrar as aforesaid into a Post Office Savings Bank, as provided by the above Act. 305. Certificate in case of Transfer of Stock. (Order XXXVIIL, Rules 14, 16.) In the County Court of holden at In the matter of this I hereby certify that [state name, address, and description of party making applica- tion] has this day filed with me, the Re- gistrar of this Court, an affidavit entitled as above mentioned, with reference to a trust fund of £ Bank £3 per Cent. Consoli- dated Annuities in the books of the Governor and Company of the Bank of England, which, as therein stated, he desires to transfer into the names of the Treasurer and of the Re- gistrar -of this Court [or the Superintendent, dc], as provided by the above Act. Dated this day of 18 , Registrar of the Court. 306. Acknowledgment of Piling of Receipt or Transfer Ticket. (Order XXXVIIL, Rule 20.) In the County Court of holden at (Seal.) In the matter of this I hereby acknowledge that [state the name, address, and description of the party giving to the Begistrar the receipt of the Post Office Savings Bank, in the case of money, or the transfer ticket in the case of stock,] has this day delivered to me, the Registrar of the Court, a receipt dated [name of officer of the Post Office Savings Bank], for the sum of £ , stating that [state receipt] [or, a transfer ticket of the Governor and Company of the Bank of England], stating that [state as in ticket]. Registrar of the Court. Vol. 55.] OEDEES AND EULES. 257 807. Certificate of Deposit of Security. (Order XXXVIII., Eule 20.) In the County Court of holden at (Seal.) In the matter of this I hereby certify that [state the name, address, and description of the parly de- positing with the Registrar the security] has this day deposited with me, the Be- gistrar of this Court, in the name of myself and the Treasurer [here state the nature of the security deposited], Eegistrar of the Court. 808. Notice op Payment into Post Office Savings Bank or of Transfer of Stock or Deposit of Security. (Order XXXVIII., Eule 21.) No. In the County Court of holden at (Seal.) In the matter of this Take notice, that on the day Of [state name, address, and description of party who has paid in the money] under the said Act paid into the Post Office Savings Bank at in the name of me, the Eegistrar of this Court, the sum of £ , and in his affidavit filed in this Court on the day of shortly described the instrument creating the trust, and stated the names of the persons interested in or en- titled to the fund, to the best of his know- ledge and belief, as follows ; that is to say [state fromthe affidavit the paragraph con- taining the names of the persons interested or entitled] [or, " transferred into the names of of and of me, the Eegistrar of this Court, in the books of the Governor and Company of the Bank of England, the sum of £ Bank £B per •Cent. Consolidated Annuities, in trust to attend the orders of this Court, or deposited with me in the names of of and of me the Eegistrar of this Court, in trust to attend the orders of this Court [here describe security."] And further, take notice, that any person interested in or entitled to the said fund may apply to this Court respecting the invest- ment, payment out, or distribution of the fund, or the income thereof, according to the practice of the Court. Eegistrar of the Court. 309. Notice to Treasurer. (Order XXXVIII. Eule 18). No. In the County Court of holden at (Seal.) In the matter of this Take notice, that on the day of [state name, address, and descrip- tion of party who has deposited, the security] under the said Act deposited with the Eegis- trar^ of this Court, in the names of yourself and myself, in trust to attend the orders of this Court [here describe security]. Eegistrar of the Court. To E.F., Treasurer [or as the case may be.] 310. Letter to Commissioners of Treasury as to drawing out money. (Order XXXVII. Eule 3.) (Seal.) County Court Office, My Lords, I have the honour to request that an authority may be addressed to the Postmaster- General to allow me to draw out of the Post Office Savings Bank the sum of £ [here insert the sum desired to be, drawn out, adding, where the sum is not to pay interest] being the sum I am directed to draw out by order of Court dated the day of 18 . I am, my Lords, Your obedient servant, Eegistrar of the County Court of holden at 311. Vol. 55.— Orders and Bulks. Notice to a Eespondent under the Agri- cultural Holdings (England) Act, 1883. (Order XL. Eule 3.) (The Agricultural Holdings (England) Act, 1883). In the County Court of holden at Between A.B., Appellant, and CD., Eespondent. Take notice, that you are required within eight days of the delivery of this notice to you to file in Court a statement, signed by you or your solicitor, in reply to the grounds of 2K 258 SUPREME COURT OF JUDICATURE. [Law J. appeal sent herewith, and that your statement must disclose the following matters : (1.) Whether you dispute the validity in law of all or any and which of the grounds of objection to the award : (2.) Whether you dispute the truth in fact of all or any and which of the grounds of appeal : (3.) Whether you admit the validity in law and truth in fact of all or any and which of the grounds of appeal : (4.) Whether you pray that the case may be remitted to be reheard : (5.) Your name and address, and that of your solicitor, if the statement be delivered through a solicitor. Dated this day of 18 . Registrar of the Court. To the above-named Respondent. 312. Order on an Appeal. (Order XL. Rule 6.) The Agricultural Holdings (England) Act, 1883. In the County Court of holden at In the matter of the County Courts Acts, and In the matter of the Agricultural Holdings (England) Act, 1883, and In the matter of an appeal by A.B. The day of 18 . Upon the hearing this day of an appeal by [name and description of Appellant] against an award dated [state date] given under the hand of [referee's name] whereby [state shortly the substance of the award], and on reading the said award, and on hearing the said A.B. and CD., the Respondent, It is ordered that [state order, e.g.: — ] the said CD. do within fourteen days of the date of this order pay to the said A.B. the sum of £ and £ for costs, and in default of such payments at the time aforesaid the said A.B. may proceed to execution. 313. Undertaking in Writing by Dependant to perform Contract. (38 & 39 Vict. c. 90. s. 3.) (Employers and Workmen Act, 1875.) In the County Court of holden at (Seal.) Between A.B., Plaintiff, and CD., Defendant. Whereas it has been found by this Court, on the day of 18 , that the Defendant had broken the contraot for the breach of whioh he was summoned : And whereas the Court would have awarded to the Plaintiff the sum of £ Dy way of damages suffered by him in consequence of such breach, and would have ordered him to have paid such sum, but that the Defendant was willing to give security for the perform- ance by him of so much of the said Contract as remains unperformed : Now, therefore, I, the undersigned Defen- dant, and we, the undersigned sureties [or the undersigned surety], do undertake that the said Defendant will perform so much of the said contract as remains unperformed, that is to say [here set out so much of the contract as remains to be performed]. And I, the said Defendant, and we [or I], the said sureties [or surety], hereby severally acknowledge ourselves bound to forfeit to A.B., the Plaintiff, the sum of pounds and shillings, in case the said Defen- dant fails to perform what he has . hereby undertaken to perform. (Signed, ivhen not taken orally) CD., Defendant. J? J? } qt? > Sureties. Taken [orally] before me this day of 18 . Registrar. Note. — Inhere the undertaking is given orally, strike out the words ■' undersigned " where they occur, and insert the word " orally " after " taken." 314. Certificate to be given by a County Court. (Order XLV. Rule 4.) (Inferior Courts Judgments Extension Act, 1882). I, , certify that [here state name, business, or occupation and address of person obtaining judgment, and whether Plaintiff or Defendant] on the day of 18 , obtained judgment against [here state name, business, or occupation and address of person against whom judgment was ob- tained, and whether Plaintiff or Defendant] in the County Court of holden at for payment of the sum of Vol. 55.] OBDEES AND EULES. 259 on aocount of [here state shortly the nature of the claim with the amount of costs (if any) for which judgment was obtained.] Registrar. Date. Indorsement to be made on Certificate granted by a County Court. No. of Plaint. Amount for whioh judgment was obtained Paid into Court Remaining due on judgment . Fee and costs for obtaining certificate of the judgment (45 & 46 Vict. o. 81. s. 4). . Total .... Note of Presentation to be appended to a Certificate sought to be registered in a County Court. The above certificate is presented by me for registration in the County Court of holden at , in accordance with the provisions of the Inferior Courts Judgments Extension Act, 1882. Here insert place do. in which the goods are. Solicitor or Creditor. Address. Date. £ s. d. 315. Warrant of Execution. (Order XL V. Rule 10.) (Inferior Courts Judgment Extension Act, In the holden at 1882. County Court of Between Plaintiff, Address and description,* and Defendant, Address and description.* "Whereas on the day of 18 , the Plaintiff [or Defendant] obtained a judg- ment in against the Defendant [or Plaintiff] [here set forth the Court mentioned in the certificate], for payment of the sum of £ for debt and costs [or damages and costs or for coBts] add where the cer- * As given in certificate. tificate shews that judgment was to be paid by instalments, and it was thereupon ordered by the said Court that the Defendant [or Plaintiff] should pay the same by instalments of for every days. And whereas the said judgment has been duly registered in this Court, pursuant to the Inferior Courts Judgments Extension Act, 1882 : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant [or Plaintiff], wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff [or Defendant] under the said judgment, including the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities 'for money of the Defendant [or Plaintiff] which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and make return of what you have done under this warrant immediately upon the execu- tion thereof. Given under the seal of the Court this day of , 18' . By the Court, Registrar of the Court. To the High Bail/iff of the said Court and others the Bailiffs thereof. d. Amount for which judgment was obtained Paid as stated in certificate Costs for obtaining and regis tering certificate of the judgment (45 & 46 Vict, o 81. s. 4.) . Remaining due. Poundage for Warrant issuing this Total amount to be levied £ (19 & 20 Vict. c. 108. s. 46.) Notice. — The goods and chattels are not to be sold untU after the end of five days 260 SUPEEME COUET OF JUDICATUBE. [Law J. next following the day on whioh they were seized, unless they be of a perishable nature, or at the request of the Debtor. Application was made to the Eegistrar for thiB warrant at minutes past , the hour of in the noon of the day of , 18 . Here state for the information of the High Bailiff the place, do., where the goods are stated to be. 316. Summons. (Order XL VI., Rule 1.) Married Women's Property Act, 1882. You are hereby summoned at the instance of , of , to appear at a County Court to be holden at on the day of , at hour of in the noon, when the Court will proceed to consider the question hereunto annexed, and to make an order with respect to the property in dispute. Dated this day of Eegistrar. 817. 818. Praecipe for Permission for Suit to be heard at a special place. Admiralty Jurisdiction. In the County Court of , holden at [Title of Action.] I, A.B., of [address and description] or I., L.M., solicitor for A.B., of [address and description], apply that permission may be granted for the hearing of this action at [here state the name of the place at which and description of the building in which it , is desired that the sitting should be held, and if the building is not one in which the County Court ordinarily sits add, and I undertake to hire the use . of the said build- ing at my expense, to be allowed as costs in the action if the Court shall allow thereof]. Dated this day of , 18 . [To be signed by the party, his solicitor, or the solicitor's clerk for him.] Praecipe on Entry of Plaint. (31 & 32 Vict. c. 71. Order XXXIX., Rule 27.) Admiralty Jurisdiction. In the County Court of , holden at I, A.B., of [address and description], hereby desire to commence an action for [state the nature of the action], or I, L.M., solicitor, hereby desire to oommence an action on behalf of [state name, address, and description of Plaintiff], for [state the nature of the action] against [if the action is in- stituted in rem, state the name and nature of the property proceeded against, and where it then is; if in personam, state name, address, and description of party proceeded against, the name and nature of the property to which the action relates, and where it is], in the sum of [state sum in letters] pounds. And I consent that all in- struments and documents in the said action may be left for me at [state address], [add, where so desired, and I require the summons to be served by the Bailiff of the Court]. Dated this day of , 18 . \[To be signedby the party, his solicitor, or the solicitor's clerk for him.] 819. Summons in Admiralty Action in Eem. Admiralty Jurisdiction. In the County Court of holden at Between A.B. and The owners of the . Plaintiff, . Defendants. (Seal.) Whereas an action for [state the nature of the action] has been instituted in this Court, on behalf of A.B. of , against the [state description of vessel], called the [name of vessel], (whereof CD. is now or lately was master), [where action is against vessel and freight add, and the freight due for the transportation of the cargo now or lately laden therein ; or where the action is against the vessel, cargo, and freight, add instead thereof, and the cargo now or lately laden therein, together with the freight due for the transportation thereof], in the sum or [state sum m letters] pounds. You are hereby summoned to enter an appearance in the said action within four clear days of the service hereof. You are also warned that if you do not enter an appearance as aforesaid, the Judge of this Court will proceed to hear and deter- mine the said action, or to make such orders therein as to him shall seem fit. Dated this day of , 18 . Registrar of the Court. Vol. 55.] ORDERS AND RULES. 261 To the owners and parties interested in the [state description and name of vessel], [or cargo, <&c, as the case may be], N.B. — The solioitor for A.B. is of [here state the address given in the prceoipe]. 320. Summons in Admiralty Action in Personam. Admiralty Jurisdiction. In the County Court of , holden at A.B., Plaintiff [address and description], CD., Defendant [address and description]. {Seal.) Whereas an aotion for [state nature of action] has been instituted in this Court on behalf of the Plaintiff against you in the sum of [state sum in letters] pounds. You are hereby summoned to enter an appearanoe in the said action within four clear days of the service hereof. You are also warned that if you do not enter an appearance as aforesaid, the Judge ' of this Court will proceed to hear and deter- mine the said action, or to make suoh orders therein as to him shall seem fit. Dated this day of , 18 . Registrar of the Court. To the Defendant. N.B. — The solicitor for the Plaintiff is of [here state the address given mi the prceoipe]. 321. Warrant of Arrest and Detention. Admiralty Jurisdiction. In the County Court of , holden at (Seal.) [Title of Action.] Whereas an aotion has been instituted in this Court on behalf of A.B. of against [state description and name of vessel or property] in the sum of [state sum in letters] pounds : These are therefore to require and order you to arrest the said , and to keep the same under safe arrest until you shall receive further orders from this Court. Given under the seal of the Court this day of , 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court and others the Bailiffs thereof. 322. Bail Bond. Admiralty Jurisdiction. In the County Court of , holden at [Title of Action.] Whereas an action for has been instituted in this Court on behalf of A.B. of , against [and against intervening]. Now, therefore, we [state names, addresses, and description of sureties] jointly and severally submit ourselves to the jurisdiction of the said Court, and consent that if he [or they] the said shall not pay what may be adjudged against him [or them] in the said action, with costs, execution may issue forth against us, our heirs, executors, and administrators, our goods and chattels, for a sum not exceeding [state sum in letters] pounds. [Signatures of Sureties.] The bail bond was signed by the said , and , the sureties, the day of , 18 . Before me, Registrar of the Court, or one of his clerks. 323. at Order of Release. Admiralty Jurisdiction. In the County Court of holden (Seal.) [Title of Action.] You are hereby authorised and direoted to release the now under arrest of this Court by virtue of its warrant, upon the pay- ment of all costs, charges, and expenses at- tending the custody thereof. Given under the seal of the Court this day of , 18 . By the Court, Registrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. 324. at Praecipe to enter an Appearance. Admiralty Jurisdiction. In the County Court of holden [Title of Action.] 262 SUPREME COUKT OF JUDICATURE. [Law J, Enter an appearance for CD. [address and description] in the action. AH instruments and documents in the ac- tion may be left for the said CD. at [state address]. Dated this day of , 18 . [To be signed by the Defendant, his solicitor, or the solicitor's cleric for Mm.] 325. Notice of Hearing. Admiralty Jurisdiction. In the County Court of holden at (Seal.) [Title of Action.] Take notice, that this action will bj3 heard at a Court to he holden on the day of at [here state where Court is to be held], at the hour of o'clock in the noon. Dated this day of , 18 . Registrar of the Court. To the Plaintiff and Defendant. 826. Order of Transfer to High Court of Justice. at Admiralty Jurisdiction. In the County Court of holden (Seal) [Title of Action.] Whereas it appears that the subject of this action exceeds the limit in respect of amount of the Admiralty jurisdiction of this Court [or state otherwise as the case may be], it is ordered that this action be transferred to the Probate, Divorce, and Admiralty Division of the High Court of Justice, together with the proceedings that have been had therein in this Court. Given under the seal of the Court this day of , 18 . By the Court,; Registrar of the Court. 827. Order of Transfer to County Court or the High Court of Justice. at Admiralty Jurisdiction. In the County Court of holden {Seal.) [Title of 'Action.] Whereas it hath been made to appear that the action could be more conveniently prose- cuted in the County Court of holden at , appointed to have Ad- miralty jurisdiction [or in the High Court of Justice], it is ordered that this -action be transferred to the said Court, together with the proceedings that have been had therein in this Court. Given under the seal of the Court this day of , 18 . By the Court, Registrar of the Court. 828. at Judgment in Personam. Admiralty Jurisdiction. In the County Court of holden (Seal) [Title of Action.] It is this day adjudged that the Plaintiff A.B. of do recover against the . Defendant [or Defendants] CD. of the sum of pounds [in an action for salvage, for services rendered to [state de- scription and name of vessel] ; or in an action for towage, for services rendered in towing the [state description and name of vessel] ; or in an action for necessaries, for necessaries supplied to the [state description and name of vessel] ; or in an action for wages, for wages in respect of services ren- dered on board the [state description and name of vessel] ; or in an action for damage to cargo, for damage caused to the cargo carried in the [state description and name of vessel] ;' or in an action for damage by collision, for damage caused to the [state de- scription and name of vessel] by the Defen- dant's vessel the [state the description and name of the vessel which caused the da- mage], together with the costs of this action. And it is ordered that the Defendant [or Defendants] do pay the same to the Plaintiff or his solicitor within days [and that in default thereof the Registrar shall upon the application of the Plaintiff or his solicitor issue a warrant of exeoution against the vessel or property of the Defendant]. Given under the seal of this Court this day of ,18 . By the Court, Registrar of the Court, Vol. 55.] OEDEES AND EULES. 263 at 329. Judgment in Bem. Admiralty Jurisdiction. In the County Court of holden {Seal) [Title of Action.] It is this day adjudged that the Plaintiff A.B. of do recover the sum of pounds [in an action for salvage, for services rendered to [state description and name of vessel] ; or in an action for towage, for servioes rendered in towing the [state description and name of vessel] ; or in an action for necessaries, _ for neoessaries supplied to the [state description and name of vessel] ; or m an action for wages, for wages in respect of services rendered on board the [state description and name of vessel] ; or in an action for damage to cargo, for damage caused to the .cargo carried in the [state description and name of vessel] ; or in an action for damage by collision, for damage caused to the [state description and name of vessel] by the Defendant's vessel the [the description and name of the vessel which caused the damage] ; together with the costs of this action. And it is ordered that [insert such direc- tions as may be given by the Judge], Given under the seal of this Court this day of , 18 . By the Court, Eegistrar of the Court, 330. Precipe for a "Warrant op Execution. Admiralty Jurisdiction. at In the County Court of holden [Title of Action^] Issue a warrant of exeoution against the goods of CD. of [address and description], who was ordered By this Court on the day of , 18 , to pay to the Plaintiff the sum of pounds for [here insert for what the sum was ordered to be paid], and who has not paid the said sum as so ordered. Dated this day of , 18 . [To be signed by the party, his solici- tor, or the solicitor's clerk for him.] 381. Warrant of Execution against the Vessel or Property of Defendant. at Admiralty Jurisdiction. In the County Court of holden {Seal.) [Title of Action.] Whereas, on the _ day of , 18 , the Plaintiff obtained a judgment in this Court against the Defendant for the sum of £ for and costs ; and it was thereupon ordered by the Court that the Defendant should pay the same to the Plaintiff on the day of And whereas default has been made in payment according to the said order : These are therefore to require and order you forth- with to make and levy by distress and sale of the goods and chattels, including the [state description and name of vessel] of the Defendant, wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five ['pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, including the costs of this execution; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exohange, promissory notes, bonds, specialties, or securities for money of the Defendant which may there be found, or such part or so much thereof as may be suf- ficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Eegistrar of this Court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of , 18 . By the Court, Eegistrar of the Court. To the High Bailiff of the said Court, and others the Bailiffs thereof. Amount for which judgment was obtained Costs Poundage for issuing this war- rant Total amount to be levied £ £ s. d. 264 SUPREME COURT OF JUDICATURE. [Law J. 332. Order for Transfer of Sale to High Court of Justice. at Admiralty Jurisdiction. In the County Court of holden (Seal.) [Title of Action.] Whereas in an action instituted in this Court on behalf of A.B., of against [state name of Defendant] the Judge of this Court has ordered [here imert the terms of the order]. And whereas the Plaintiff [or Defendant] in the said action is desirous that the sale of the vessel should be conducted in the Probate, Divorce, and Admiralty Division of the High Court of Justice, and has given security for the sum of ten pounds : Now I, AM., the Plaintiff [or CD., the Defendant, or L.M., Solicitor], pray that an order to trans- fer the proceedings for sale to the said Divi- sion of the High Court of Justice do issue. Dated the day of 18 . [To be signed by the party, his Solicitor, or the Solicitor's cleric for him.] I hereby certify that the security above mentioned has been duly completed. Registrar of the Court. I hereby order the transfer to be made as prayed. Judge of the Court. 333. Praecipe for paying in Money. Admiralty Jurisdiction. [Title of Action.] In the County Court of holden at I, A.B., of [address and description], or L.M., solicitor for A.B., of [address and de- scription], do pay the sum of [state sum in letters] pounds into Court in this action [when paid by solicitor, add at the request and by the authority of the said A.B., he having agreed to pay [or tender] the same] in settlement of the claim of the Plaintiff [or, as the case may be]. Dated the day of 18 . [To be signed by the party, his solicitor, or his clerk for him.] 334. Solicitor's acceptance of Service of Summons and Undertaking to appear, and to put in or give Bail, &c, &c, to be indorsed by hlm on summons. I, L.M., of [address], solicitor for CD., of [address and description], accept service hereof, and I undertake to appear for the said CD., according to the exigency of the within summons, and I also undertake within days from the date hereof to put in or give bail herein in a sum not exceeding [state amount for which undertaking given] pounds, or to pay such sum into the County Court of holden at , and I consent that all instruments and other documents in this action may be left for me at Dated this day of 18 . [To be signed by tJie Solicitor.] 335. at Summons to Assessors. Admiralty Jurisdiction. In the County Court of (Seal.) holden Title of Action.] Tou are hereby summoned to appear and serve as an assessor in this Court at the on the day of 18 , at the hour of in the noon, to assist the Judge of this Court in the hear- ing and determining of this action, and in default of attendance you will be liable to a penalty of a sum not exceeding five pounds under section 15 of the County Courts Ad- miralty Jurisdiction Act, 1868. Dated this day of 18 . Registrar of the Court. To of 336. Order fining an Assessor for Non- Attendance. Admiralty Jurisdiction. In the County Court of holden at (Seal.) [Title of Action.] Whereas was duly summoned to appear and serve as an assessor at a Court holden at on the day of 18 , and whereas he has neglected, without sufficient cause shewn, to appear and serve as required : It is hereby ordered that he shall forthwith [or on the day of 18 ] pay to the Registrar of this Court a fine of £ for such negleot. Given under the seal of the Court this day of 18 . By the Court, Registrar of the Court. vol. oo.j (JKDJSlttS AJN.U KULiEH. 200 337. Admiralty Actions Book. Pro forpid. Date Day Month Tear 10 Feb. 1869 Action for damage by collision, instituted on behalf of A.B., of ' against the schooner named the Kate, lying at within the district of the Court in the sum of 200Z. Solicitor for the Plaintiff, Mr. L.M., of 10 Feb. 1869 Application made for arrest ; affidayit filed ; warrant issued, the evidence being satisfactory. 11 Feb. 1869 Application for Judge's permission for action to be heard at 13 Feb. 1869 Permission granted. 15 Feb. 1869 Appearance entered by CD., of . Solicitor for Defendant, R.S., of 18 Feb. 1869 The action having been heard the Court adjudged that [here set forth the judgment]. If any further proceedings had, they should be entered in the same manner. 338. Summons. (Order XL VIII., Rule 4.) The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity]. No. of Charity. {Name, description, and address of party to be summoned^] You are hereby summoned to appear at a County Court to be holden at on the day of 18 at the hour of in the forenoon, upon the hearing of an application which has been made to the Court in the matter of the above Gharity, by which it is suggested [here state substance of order, certificate, or state- ment]. And you are informed, that if you do not attend pursuant to the requisition of this summons, the Court may proceed in the matter in your absence, and make such order as may appear just therein. And you are further informed, that if you do not obey such order, you will be liable to be imprisoned by order of the Court. In the matter of [title of Charity], No. of Charity. [Name, description, and address of party to whom notice is to be given.] Take notice, that the hearing of an application in the matter of the above Charity, by which it is suggested [here state substance of order, certificate, or statement], will take place on the day of 18 , at the above County Court. The object of this notice is that if you are desirous of attending the said hearing, you are at liberty to do so, and you may be heard in support of any objection you have to such proceedings in respect of the above Charity. But if you do not attend at the hearing, you will not be subject to any costs or penalty in respect of such non-attendance. Dated this Registrar of the Court, day of 18 340. Dated this Registrar of the Court, day of 18 339. Notice to attend Proceedings. (Order XLVHL, Rule 5.) The Charitable Trusts Act, 1853. In the County Court of holden Vol. 55, — Orders and Bules. at Notice of Hearing. (Order XLVIIL, Rule 7.) The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity], No. of Charity. [Name, description, and address of party to whom notice is to be given.] Take notice, that the hearing of the application in the matter of the above Charity is appointed to 2L Zt>6 SUPREME COURT OF JUDICATURE. [JjAW J. day of take place at this Gourt on the 18 ,* Registrar of the Court. Dated this day of 18 . * This should be at the earliest convenient sitting of the Court. 341. Form of Chabitable Trusts Book Record. (Order XLYIII., Rule 12.)' The Charitable Trusts Act, 1853. Ashley, Lady, Charity of. In the matter of No. 1. On the day of , 18 , an order [certificate or statement, as the case may oe] was produced by [state the party producing or transmitting it], and the same has been numbered 1 [or, as the case may be, according to the priority of production to the cleric]. On the day of , 18 , a summons [or other process, as the case may be] was issued and directed to be served by Eiost [or otherwise, as the case may be] on state the parties], requiring him [her or them, as the case may be] to appear at this Court on the day of , 18 . At a Court holden on the day of 18 appeared [state parties ap- pearing, or reasons for not appearing, and whether they appeared by counsel or other- wise. If any adjournment takes place, state the cause thereof, and adjournment, and 'until when adjourned ; then on the adjourn- ment day, proceed in a similar manner as on the first day of hearing; and the same on every successive adjournment day. When the matter is finally disposed of, then pro- ceed] — The matter having been heard, the Court made the following order : [Here state the order. If any other proceedings, whether before or after the final order, are taken in the matter, they must be recorded in a similar manner in their proper places. It will not be necessary to set forth on the record any of the evidence, as that will appear on the Judge's notes ; but any docu- ment produced, or any copy thereof, which the Judge requires to be filed, should be filed along with the other papers relating to the matter.] [When the record of proceedings m any Charity occupies more than one page, the record may be continued on the next blank page, and a reference should be made from such previous page to such next page, and from such next page to such previous page, The book in which the record is kept should be paged throughout, and have an alpha- betical index at the end. The names of the Charities should be arranged in the index alphabetically, and the numbers of the pages in which any proceedings are recorded should be given at the end of the names.] 342. Order for the Removal or Appointment of a Trustee, or Removal and Appoint- ment of a Trustee ; vesting the Estates of a Charity in a Trustee ; and approv ing a Scheme. The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity]. No. of Charity. Upon the application of [name, description, and address of applicant] to [here state the substance of the application authorised by the order or certificate ; but in the case of a scheme only refer to it as " a certain scheme for regulating or directing the administration of the said Charity"], and upon hearing the matter of the said application : It is ordered that 'name, description, and address] one of [or' the trustee] the trustees of the above Charity be removed [or that [name, description, and address] be appointed a trustee of the said Charity] [or that [name, description, and address] one of the trustees [or the trustee] of the said Charity be re- moved, and that [name, description, and ad- dress] be appointed a trustee instead of the said [name of removed trustee] : And it is further ordered that [state property and rights of the Charity as described or indi- cated in the order or certificate] do vest in the said [names of trustees in whom the said property and rights are to vest] : And it is further ordered that the scheme set forth in the schedule hereunto annexed for the re- gulating [or directing] the administration of the said Charity be approved and established. Given under the seal of the Court this day of , 18 . By the Court, Registrar of the Court. Sohedule referred to in the foregoing order. [Here insert scheme approved of] This is the schedule referred to in the above order. [Registrar's signature.] %* Where the application to the Court does not embrace all the subjects of the above form, suchpart may be adopted as is applic- able to the exigency of the case. Vol. 55.] OEDEBS AND EULES. 267 343. Order under Section 48. The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity]. No. of Charity. Upon the application of [name, description, and address of applicant] to [here state the substance of the application authorised by the order or certificate] and upon hearing the matter of such application : It is ordered that the [here describe the estates of the Charity as described or indi- cated in the order or certificate] holden in trust for the above-mentioned Charity do vest in " The Treasurer of Public Charities," and his successors in trust, for the said Charity. [Where any periodical or other payment is directed with respect to any copyhold land, add as to a periodical payment the following clause] : And it is further ordered, with the consent of the [name, description, and ad- dress of the Lord of the Manor wherein the estates are situated] that the sum of £ be paid by [name, description, and address of person ordered to pay] to the said Lord of the Manor of on the day of next, and on the same day in each succeeding year [as the case may be] in compensation for fines or other profits which would have become due upon the death or admittance of the tenants of such land, being part of the said manor holden upon trust for the said Charity. Given under the seal of the Court this day of , 18 . By the Court, Begistrar of the Court. 344. Order under Section 61. The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity]. No. of Charity. Upon the application of [name, description, cmd address of applicant] to [here state the substance of the application authorised by the order or certificate], and upon hearing the matter of the said application, It is ordered that [names, descriptions, and addresses] [where they are personal repre- sentatives, insert " the executors [or ad- ministrators] of [name, description, and ad- dress] deceased "J do transfer the £ Bank £3 per Centum Annuities or Beduced Annuities, or £3 5s. per Centum Annuities, or Bank Stock, promissory note, bill of ex- change, bond, debenture, or other security [as the case may be], standing in the name [or names] [insert the names, descriptions, and addresses of the persons in whose names the stock is standing], into the names of [names of Official Trustees], [Where securities are to be deposited, vary the preceding order, commencing with the words " do transfer," and substitute the fol- lowing : do deposit the following Exchequer bills, dated, that is to say, No. 1,806 for £500, No. 772 for £50, tea., or any other Exchequer bills, for which the same may be exchanged [as the case may be,] with [names of Official Trustees].] * Given under the seal of the Court this day of , 18 . By the Court, Begistrar of the Court. 345. Order for Payment of Money by any Trus- tee of any Charity or any Person hold- ing Money belonging to any Charity. The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity], No. of Charity. Upon the application of [name, description, and address of appliccmt] to [here state the substance of the application authorised by the order or certificate], and upon hearing the matter of the said application, It is ordered that [name, description, and address] do on or before the day of , 18 , pay the sum of £ [with interest thereon (if any)] to [state party or account]. Given under the seal of the Court this day of 18 . By the Court, Begistrar of the Court. , 346. Notice of Sureties. The Charitable Trusts Act, 1853. In the County Court of holden at In the matter of [title of Charity], Take notice, that the sureties whom I pro- pose as my sureties on the appeal in the above tnatter are [here state the full names and additions of the sureties, whether house- Jceepers or freeholders, and their residences 268 SUPREME COURT OF JUDICATURE. [LAW J. for the last six months, therein mentioning the county or city, places, streets, and num- bers, if any]. Bond. Know all men by these presents that we t names, descriptions, and addresses], and names, descriptions, and addresses] are jointly and severally bound to [name, de- scription, and address of obligee] in £ of good and lawful money of Great Britain, to be paid to the said [name of obligee] or his certain attorney, executors, administra- tors, or assigns. For which payment to be made we bind ourselves and each (and every) of us, in the whole, our and each of our heirs, executors, and administrators, jointly and severally, by these presents. Sealed with our seals, and dated this day of one thousand eight hundred and Whereas an order, dated the day of , 18 , was made in the matter of [name] Charity by the County Court of holden at and [name, description, and address of Appellant] states himself to •be aggrieved by [or dissatisfied with] the said order, and has given notice of appeal pur- suant to the Charitable Trusts Act, 1853, and the practice of the Court : And whereas the Charity Commissioners of England and "Wales have required that the said [Appellant] should, together with two sufficient sureties, become bound to [person whom the Com- missioners direct to be obligee] in the sum of £ to pay such costs of the proceed- ings on the appeal as shall be ordered to be paid by the said Appellant [if required by the Commissioners, and also to indemnify the Charity against the costs and expenses of and attending such appeal]. And whereas the above-named [names, descriptions, and addresses of sureties], at the request of the said [name of Appellant], have agreed to enter into the above written obligation for the purpose aforesaid, and the security intended to be given has been ap- proved of by [name of cleric] :* Now the oondition of this obligation is such, that if the above bounden [names], and any or either of them, shall pay unto the said [name of the obligee], his executors, adminis- trators, or assigns, the costs of the said appeal, as the said Court of Appeal shall order, then this obligation shall be void, otherwise to remain in full foroe and virtue. A.B. (l.s.) CD. (l.s.) E.F. (l.s.) Signed, sealed, and delivered by the above bounden, in the presence of .t * I approve of this bond. (L.S.). J.K. •f This requires a stamp. 347. (Fee Stamp, 16*. Sd.) Application for Grant or Revocation. (Order XLIX. Rule 1.) The Court of Probate Act, 1857. I, A.B., of [or CD., Solicitor of A.B., of ] do Thereby apply to the above Court for a decree to be made, accord- ing to the provisions of the above Aot, for the jrant [or revocation] of probate of the will or letters of administration in the goods] of here insert name and address of testator or intestate] ; and I hereby state that the person who has applied for probate or letters of ad- ministration [or who has obtained probate or letters of administration, or is the party against whom this application is made] is E.F., of A.B. [or CD., Proctor or Solicitor, of A.B. of .] 348. Notice to Defendant. (Order XLIX. Rules 4, 11.) The Court of Probate Aot, 1857. at In the County Court of holden Between AJ5., Plaintiff, [Address,] and CD., Defendant, [Address.] Take notice, that at a County Court to be holden at on the day of at the hour of in the noon, the Court will prooeed to make a decree for the grant [or revoca- tion} of probate of the will lor letters of administration in the goods] of [here insert name and address of testator or intestate] unless cause be then shewn to the contrary ; and you are hereby informed, that if you do not attend on that day, the Court may pro- ceed to make suoh decree in your absence. Dated this day of 18 . To the Plaintiff [or Defendant]. Registrar of the Court. Hours of attendance at the office of the Re- gistrar [place of office] from ten till four, except on wnen the offioe will be dosed at one. VOL. 05.J OBDEBS AND EULES. 269 349. Notice to Probate District Begistrar. (Order XLIX. Bule 7.) The Court of Probate Act, 1857. In the County Court of holden . at Between A.B., Plaintiff, and CD., Defendant. Whereas an application has been made to this Court to revoke the grant of probate of the will [or letters of administration granted by you in the goods] of [here insert the name and address of the testator or intestate] ; and whereas the matter of such application will be considered by this Court on the day of at the hour of in the noon, I therefore request that you will cause to be produced before the Court on that day [the will * and] all documents which are in your possession relating to the matter. Dated this day of 18 . Begistrar of the Court. Hours of attendance at the office of the Be- gistrar [place of office] from ten till four, except on when the office will be closed at one. * To be left out where administration with- -out will annexed has been granted. 850. (Fee Stamp, .40*.). Certificate of Begistrar. (Order XLIX. Bule 8.) The Court of Probate Act, 1857. [Heading as in Form 333.] I, A.B., Begistrar of the above Court, do hereby certify that the following decree was made in the above cause. [Here set out the Decree.] Certified under the Seal of the Court this day of Begistrar of the Court. 351. Decree. (Order XLIX. Bule 10.) The Court of Probate Act, 1857. [Heading as in Form 334.] Upon the hearing of the application in this cause at a Court holden this day, it is de- creed as follows : [here set out the*Decree], and it is ordered, that the do pay the sum of for the 's costs, and that the same be paid to the Begistrar of this Court on the day of 18 . Given under the seal of the Court this day of 18 . By order of the Court, Begistrar of the Court. Hours of attendance at the office of the Be- gistrar [place of office] from ten till four, except on when the office will be closed at one. [As the forms relating to Charitable Trusts and Probate matters will seldom be required, they are not to be printed, but are to be written on foolscap paper.] 270 SUPREME COURT OF JUDICATURE. [Law J. ALLOWANCES TO WITNESSES NOT BEING PLAINTIFFS. Gentlemen, merchants, bankers, and professional men, per diem . ' . . from Tradesmen, auctioneers, accountants, veterinary surgeons, clerks, and yeomen, per diem from Artisans and journeymen, per diem .... from Labourers, and the like, per diem .... from Travelling expenses, sum reasonably paid, but not more than sixpence per mile, one way. If the witnesses attend in more than one cause, they will be entitled to a proportionate part in each cause only. £ s. d. £ t. d 15 to 1 1 7 6 to 15 4 to 7 6 3 to 4 ALLOWANCES TO WITNESSES WHO ARE PLAINTIFFS. - Travelling expenses, sum reasonably paid, but not more than sixpence per mile, one way, where resident more than two miles from Court House. ALLOWANCES TO SCIENTIFIC WITNESSES. For qualifying to give evidence Attending Court on trial, per diem In estimating the amount to be allowed, the character of the action, the professional standing of the witnesses, the propriety of retaining the particular witness are to be considered, and in no case is the maximum allowance to be exceeded. Travelling expenses to be allowed as in the case of an ordinary witness. The above allowances shall not apply to persons who prepare plans, drawings, models, &o. for the purpose of illustration, and who if called at the trial prove the correctness of suoh plans, drawings, models, &c. only, but in lieu thereof there may be allowed the sum reasonably paid for the same, and all tracings and copies thereof not exceeding the sums mentioned in item 82 of the higher scale of oosts. Any such person shall be allowed for his attendance at the trial upon the scale applicable to ordinary witnesses. VOL. 55. j . ORDERS AND RULES. . 271 FOEM'OF BOOKS REFEERED TO IN ORDER H. isui-isjimt; uouht u*' ju.uii;atukj!;. LJL/AW J. BOOK A.— OBDINAEY AND DEFAULT Plaints, Minutes of Judgments, Orders, ■8 if. II O O 1 Number of Plaint, &c, or Counter-claim &£ s> Default Summons No. By whom served Name, Resilience, and Trade or Plaintiff Amount claimed, or value of subject- matter Debt or Claim Solicitor's Costs charged on the Summons Fees Sched. "B' (Part 1) Amount paid into Court before Judgment £ s. d. £ s. d. £ 3. £ ». d. BOOK B.— OBDINAEY Plaints, Minutes of Judgments, Orders, at a Court holden at on the day Name, &a, of Plaintiff's Solicitor, Date of entry of Plaint, &c, or Counter- claim No. of Plaint, «5sc. Name, Residence, and Trade of Plaintiff Defendant I Amount claimed, or value of subject- matter ' Claim £ «. d. Solicitor's Costs charged on the Summons Fee on entering Plaint, &c. Registrar's Sched. "B" (Part 1) BOOK C.— DEFAULT Plaints, Minutes of Judgments, Name, &c, of Plaintiff's Solicitor Date of entry of Plaint, &c„ or Counter- claim Default Summonses No. of Plaint By whom served Name, Residence, and Trade of Plaintiff Defendant I 1 6 .a 1 s 9 5 B 1 R •g 1 .1 1 F4 Amount claimed Fee on enter- ing Plaint Pees ■Schedule «B" (Parti) Debt or Claim Solicitor's Costs charged on the Summons #1 aw 3. 'SO A 2P ta'c) al £ s. d. £ s. d. £ s. 3. ». Vol. 55.] ORDERS AND RULES. 273 SUMMONSES, &o. and other Incidental Proceedings. Nature of Defence Date when Kotioe of Defence or Leave to Defend filed ■8 Appear- ance Amount of Judgment Debt or Claim Solicitor's Costs, Witnesses Total Costs Order ■SB n " an I a Dates of entering up Judgment by Defau lt, of filing Order in nature of Decree, of filing Order on Interlo- cutory Proceedings Fees on B -3 8-4 i'i £ s. d. & s. d. £ «. SUMMONSES. and other Incidental Proceedings. of , 18 , before His Honour Judge , of the said Court. Amount paid into Court before Judgment Nature of Defence Date when Notice of Defence, or Leave to Defend, filed id . 01 .1 ! a o IS « Appear ance to s a o "o Amount of Judgment I 0) I 1 i Order s , « ■$ ss lis o ° aS'fi ■a | & I'gg & 5 Fees on i 1 □ OJ p Debt or Claim Solicitor's Costs, Witnesses, &c. Total Costs Hearing Consent or Admission £ a. d. £ 3, d. £ 8. d. £ e, d. £ *. £ o. SUMMONSES. and other Incidental Proceedings. Amount paid into Court before Judgment Nature of Defenoe Date when Notioe of Defence, or Leave to Defend. filed By whom Jury re- quired Amount of Judgment Debt or Claim Solicitor's Costs Total Costs Order Date of entering up Judgment by Default No. of Plaints, &o. (re- peated) £ a. d. £ s. d. £ j. d. Vol. 55.— Obdebs and Roles. 2M 27i SUPREME COURT OF JUDICATURE. [Law J. c3 pq u o a o i M o o m M o o M 13 eS 13 o o M m o qj cq a ih n3 3 I a I &5 o 53 J 3 I 3 to jig 111 o 3 9 » 1 ""Pa ■ |» ! s 276 SUPREME COURT OF JUDICATURE. [Law J. BOOK F.— DEFAULT SUMMONSES. Court Fees on entering Judgments by Default. Date No. of Plaint Pee Date No. of Plaint Pee Date No. of Plaint Pee Date No. of Plaint Pee £ s. £ a. £ .v. £ ». Bro' up Bro 1 up Bro' up Bro' up BOOK G.— FEES under Schedule B, not elsewhere entered. Date Nature of Proceeding Eegistrar High Bailiff Foreign ■Home £ s. d. s. d. £. d. Vol. 55.] ORDERS AND RULES. 277 o H H W 02 rt ft O Ph o H H P hH a « H ft > ^TreptrajsQ 3 JRiajBH Cm O S ciT.raon piro •» ** snouramg si q; jo ^soq 4 0110,1 I33p81 snouramg 'S Strmssi joj 99,1 »£ DO ti O be sag O 00 1-1 t-5 O Pi P 13 a o W snouiuung •a jo anssi jo s^p ib ^ 00 prod naaq aiuq j W pgjiubai joa jjimouiv c« -3 P c*l f>5 E143 r2 « .9 3 3 3 a o C4 S 1 snom -tang strain £ -'+LLUUIO|J ■§ »UF*ia P 02 O Ph P 1-3 (=1 02 02 2 H £ K a EH § M O o PQ o EH 02 02 ^ O 13 a ^ O O ° 13 to CQ 0> d s DO P ! 03 S3 O CD as 11 "0 43 1 P 1 bO s 13 •0 •0 *3 O 1 H O 5 01 S CD 1 S 8 §• q-t-O 2 I I 278 SUPEEME COUET OF JUDICATURE. [Law J. BOOK K. -COUNTY COUKT OF Home and re-issued Foreign Execution and Commitment No. of Plaint No. of Home Exe- cution Day and Hour on which "Warrant applied for Day h. m, No. of Foreign Exe- cution Dates of Issue and He-issue Plaintiff, or Issuing Court Defendant Residence o E as 1 S3.™ < Amount of Debt or and Costs due Vol. 55.] OBDBES AND BULBS. 729 , HOLDEN AT Book (where the Registrar is also High Bailiff). | « sis ago |S £ s. <2. £ s. (J. $ 3 41 £ s. a. Date of Arrest or Lory Gross Amount levied £ s. d, for Posses sion £ s. A 5. d. Eent paid 2 ffl 8! 9 IS a = 3,3 Sf ° a -a £ s. rf. If not exe- cuted, why not Pinal Be- turn 280 SUPBEME COUET OF JUDICATURE. [Law J. o +» a P ~"S « 3 S o £ &§ ■S SH o S « en T-f og -S-2 ■"S £ " S.-S |o d o "S5 %•* 'K 1 S S 3 ® & s a a s S» °o, sa -I .fe-* 3 ■&« si 1€ 3ai S^ "m sw ■a-S o.'S E? a f? S |o |-o # ^3 -i-Ta Vol. 55. — Oedbbs iND Eules. 2N 282 SUPREME COURT OF JUDICATURE. [Law J. M o o ffl ft H P DQ DQ M « O l-H H p O H M 1 o PR M o o M bo 1 5 Is .ye i-i la |« a f4 " *** -^ la -2 o 2 >■ Eh SS - a a 1 •I s s o a 1 1 Hi a 1 J ■Sgg o a 1*1 III Q M o o m W «i o M o o n C3 O ■a £ Eg ga f=.fc fcm Vol. 55.] OEDEES AND KULES. 283 BOOK P.— LEDGEE. No. of Plaint • V. Receipts Folio in Cash Book Payments Folio in Cash Book By whom received Amount ad- judged. Costa paid by Plaintiff. Allowance to Barrister or Solicitor. Ditto to Wit- nesses. [Each payment to be signed by the person receiving the money either in this Book or the Cash Book, and a receipt stamp £ Execution affixed where the sum paid is for 21. or No. upwards.] No. of Pis int t V. Receipts Folio in Cash Book Payme r.1 Folio . in Cash Book By whom received Amount ad- judged. Costs paid by Plaintiff. Allowance to Barrister or Solicitor. Ditto to wit- nesses. v ■'.-* . [Each payment to be signed by the person receiving the money either in this Book or the Cash Book, and a receipt stamp £ Execution affixed where the sum paid is for 21. or No. upwards.] No. of Pis int • V. Receipts Folio . in Cash Book Payments Folio in Cash Book By whom received Amount ad- judged. Costs paid by Plaintiff. Allowance to Barrister or Solicitor. Ditto to wit- nesses. [Each payment to be signed by the person receiving the money either in this Book or the Cash Book, and a receipt stamp £ Execution affixed where the sum paid is for 21. or upwards.] No. 284 SUPREME COURT OF JUDICATURE. [Law J. _o 33 c8 1* »a B £t! ' >■ *§. .* a>o CD ffi f -s *& w o o pq H SB o )_-| H O 1 a S ©> "a M •a o W o o « *J Q> £ 0) 1 I t3 O « o O Wg -S> U Where the amount sought to be recovered exceeds Wl. and does not exceed 201., and the claim is a debt or liquidated demand In other claims Totals. . s. d. £ s. d. Item 1 . 4 0) „ 19 • „ 44 . 3 3 4 4 14 2 „ 83 . 3 6J Item 2 . 6 01 „ 19 . „ 44 . 3 3 4 4 ■0 16 2 „ 83 . 3 6J 292 SUPREME COURT OF JUDICATURE. [Law J. totals. £ s. d. Where the amount sought to be recovered exceeds 20/. and does not exceed 100/., and the claim is a debt or liquidated demand . In other claims Where the amount sought to be recovered exceeds 100?., and the claim is a debt or liquidated demand In other claims Item 1 „ 19 ,. 44 „ 83 Item 2 19 44 S3 Item 1 19 44 83 2 19 44 83 Item The total amount to be entered on a Default Summons shall be the following and no more j Where the amount sought to be recovered exceeds 10?. and does not exceed 20/. and service is to be made by a bailiff Where service is to be made by a solicitor Where the amount sought to be recovered exceeds 202. and does not exceed 100/. and service is to be made by a bailiff . Where service is to be made by a solicitor . Where the amount sought to be recovered exceeds 100/. and service is to made by a bailiff Where service is to be made by a solicitor . U.B. — Where the amount sought to be recovered exceeds 10/., Items 14 and 15 may be added where the service for which each of them is given is performed. [Note. — Upon judgment being entered upon a default summons for a sum exceeding 10/., only Item 54 in to be allowed, in addition to the above.] Vol. 55.] ORDERS AND RULES. 293 ... ORDERS AND RULES ANNULLED. The County Court Rules, 1875. The County Court Rules, 1876. The County Court Rules, 1880. . The County Court Rules, 1883. The County Court Rules, 1884. Orders" for regulating proceedings by and before the Judges of County Courts under "The Charitable Trusts Act, 1853," and for fixing and determining the fees to be taken in respect of such proceedings, made by the Right Honourable Robert Monsey Baron Cranworth, Lord High Chancellor of Great Britain. Rules and Orders for regulating the prac- tice of the County Courts in proceedings taken under the provisions of the Act, 20 & 21 Vict. c. 77, for amending the law relating to probate' and letters of administration in England. RULES OF THE SUPEEME COURT, DECEMBER 1885, RELATING TO APPEALS. ORDER LIX. 9. The following Rules (10 to 17) of this Order shall apply to appeals to the Queen's Bench Division from County Courts and other Inferior Courts of record of civil juris- diction in all proceedings other than pro- ceedings in bankruptcy. ORDER LIX. 10. Every such appeal shall be by notice of motion, and no rule nisi or order to shew cause shall be necessary. The notice of motion shall state the grounds of the appeal, and whether all or part only of the judgment, order, or finding is complained of. The notice of motion shall be an eight days' notice, and shall be served on every party directly affected by the appeal entered. ORDER LIX. 11. Every appeal shall be entered at the Crown Office Department of the Central Office, and the entry shall be made by lodging a copy of the notice. ORDER LIX. 12. The notice of motion shall be served and the appeal entered within twenty-one days from the date of the judgment, order, or finding complained of ; such period shall be calculated from the time at which the judg- ment or order is signed, entered, or other- wise perfected, or from the time at which the finding or any refusal is made or given. ORDER LIX. 13. It shall be the duty of the Master of the Crown Office Department forthwith upon the entry of the appeal to apply on behalf of the High Court to the Judge of the Inferior Court from which the appeal is brought for a copy of the notes of the evidence given, and for a statement of his judgment or finding on any question of law under appeal. Either party shall be entitled, upon payment of the proper fee, to obtain from the Crown Office Department an office copy of such notes and statement. ORDER LIX. 14. The appeal shall not operate as a stay of pro- ceedings under the decision appealed from unless the Inferior Court shall so order or unless within ten days after the decision a deposit shall be made of or security given to the satisfaction of such Inferior Court for a sum to be fixed by the said Court, not exceed- ing the amount of the money or the value of the property affected by the judgment order or finding appealed from. ORDER LIX. 15. Every appeal from an Inferior Court shall be entered in the proper list for hear- ing on such days as the Lord Chief Justice of England may direct, and shall come on to be heard in its order, unless the High Court shall otherwise direct. ORDER LIX. 16. The High Court shall have power to ex- tend the time for appealing, or to amend the grounds of appeal, or to make any other order, on such terms as the Court shall think just, to ensure the determination on the merits of the real questions in controversy between the parties. ORDER LIX. 17. Subject to these Rules, the Rules for the ' time being in force with respect to appeals from the High Court to the Court of Appeal shall, so far as practicable, apply to and govern appeals from County Courts and other Inferior Courts of record of civil juris- diction to the High Court. 294 SUPKEME COURT OF JUDICATURE. [Law J. INDEX. Order. Registrar ABANDONMENT. Of excess where demand exceeds 502. ABATEMENT. Of action on acceptance of amount paid into Court . When action not to abate ABRIDGMENT. Of time fixed by rules ABSENCE. Of high bailiff from Court Of Registrar or Deputy from Court ABSENT PARTIES. May be added on hearing Notice of judgment to be served on . ACCEPTANCE. Of money paid into Court in satis- faction of claim .... Of payment into Court after notice of defence ACCOUNTS. Bankers' or other books of, when and where to be inspected Books of, primd/ade evidence . Receiver's, may be audited at any time on notice Receiver's, to be verified by affidavit Where claim made that they should "betaken ACCOUNTS AND ENQUIRIES. Advertisement for creditors Allowance of debts or claims . Certificate of Registrar- to lie in office Certificate where no application to vary Creditors holding security to pro- duce same Creditors not to prove, unless re- quired Further directions, application to Judge for Hearing, before Registrar . How, to be taken .... Judge may order any enquiries, &c. to be made Just allowances to be made in taking Notice of allowance or non-allow- ance of claim Registrar to appoint time, place, and day of hearing .... Registrar to have all the powers of a chief clerk of the Chancery I Division ■ ( Variation or confirmation of certi- Order. TI. IX. XVIII. LI. XXII. III. IX. XVI. XXIV. XIII. VI. Where claim sent in after date fixed ACCRUING RENTS. May be ordered to be paid over at any time to party beneficially interested ACKNOWLEDGMENT. Of payments and deposits . Of payment, transfer, or deposit to be given by Registrar . . . : ACKNOWLEDGMENTS BY MAR- RIED WOMEN. Alterations, &o. in affidavit . ACTION. Interpretation of word . . Any party may apply before trial for directions in any . Against menial servant, labourer, &o Against high bailiff .... Against officers of Court . XXIV. XIII. II. LVII. Lit. XV. Rule. 12 1 12 17 1 14 24 12 14 15 4 XXIV. 5 10 „ 15, 16 „ IS „ 7 e » 19 3 1 XII. xxiv. 10 14 1& 13 17 IS 11 20 V. 10 XVI. 18 XXII. 10 ACTION— continued Against several Defendants Judge may make a selection . By agreement under s. 23, 19 & 20 Vict, c. 108 By or against infant .... By or against lunatics or persons of unsound mind • By or against married women ^ . i Commencement of, by plaint . Commencement of, in Admiralty Conduct of, who to have . Confession by Defendant in action to recover land r Consolidation of aotions . Date of summons, commencement of action Defendant's set-of or counter-claim to have same effect as a cross ac- tion Discontinuance of ; notice to be given by post Por libel or slander remitted from High Court of Justice . . . Por recovery of land .... General jurisdiction on trial of . In any other Court of record . Joinder of causes of action generally Liability of Defendant on judgment given in selected action . Not to be defeated by misjoinder or nonjoinder Objection to jurisdiction . . . Of replevin Of replevin, no other cause to be joined On order for sale on a partition action one solicitor to have con- duct of Or matter remitted from or trans- ferred to High Court of Justice . Pending in another Court for same cause Special notice in action for libel or slander To recover possession of tenement (County Courts Act, 1856) . Transfer of actions where com- menced in different Courts . Trial of, by agreement, 19 & 20 Vict, o. 108. s. 23 What claims may be joined with action for recovery of land. . When aotion not to abate . ' Where action brought under County -Courts Acts, 1856 or 1867i how dis- guished Where aotions stayed, &c. . Where claim exceeds 20?., and less received Where Defendant desires to defend on behalf of self and others . Where judgment given in selected action other aotions to proceed . Where neither Plaintiff nor Defen- dant appears Where number of persons, one or more may sue or be sued on behalf of remainder Where Plaintiff does not appear Where Plaintiff sues on bebalf of others ...... Where title to land expired before return day, s. 11, 30 & 31 Vict. o. 142 .... * ACTS. See STATUTES. vm. V. 1 III. 9 V. 11 III. 11 10 V. 12 1 XXXIX. 4-6 LI. 11 IX. 6 vm. 1 VII. 2 X. 2 IX. 1 XXXTTT. 4 X. 4,5 XXII. 10 8 IV. 3 VIII. 2 XIV. 2 X. 6 XXXIV. - — IX. XXXIII. XXII. XXXIII. V. VIII. V. IV. XVII. V. XXII. L. III. VIII. XXII. III. XXI u XXI II. 10 1,3 9 4 3 16 20 8 5,7 7 5 1 10 Vol. 55.'] ORDERS AND RULES. 295 ADDITION. Alteration of record on substitution or addition of name . , Where action commenced in name of wrong person, Court may order such other person to be substituted or added Where a person other than the De- fendant appears and admits his liability his name may be sub- stituted ....... Where too few persons made Plain- tiffs ADDITIONAL. And adjourned sittings of Court may be held ADJOURNMENT. For absent parties to be heard . For discovery in documents Por non-compliance with rules . Hearing of a judgment summons may be adjourned .... Of action in order to summon jury . Of action, Plaintiff to pay assessor's fees forthwith . . . . Of heaaing for proof of document . Of sittings of Court . - . Of trial on application of, both par- ties Of trial where action pending in another Court for same cause When a person brought in does not appear at trial ADJUDICATION. Judgment debtor not to be com- mitted when adjudication after order of commitment ADMINISTRATION ACTION. Advertisement for creditors in an . Interest allowed to creditors in an . ADMINISTRATION AND EXECU- TION OP TRUSTS; In action for, Plaintiff may ask decision of Court on a certain question Judge may appoint some one to re present heir-at-law, &e. . Notice of judgment, when and how to be served ,. Notice of judgment where party an infant or lunatic Partial administration When heir-at-law need not be party When residuary legatees or next of kin need not be served . Where judgment against one lega- tee, &c Where no legal personal represents tive Where other legatees, &c. need not be served . . _ . Who may be made a party Who to appear on claim of person not a party -ADMINISTRATION OP ESTATE under s. 122, Bankruptcy Act, 1883. Certificate of Registrar that an order has been made No commitment when order made . Notice of discharge of judgment debtor ADMIRALTY ACTIONS, PROCEED- INGS IN. Action, commencement of . . . Action in rem Action, transfer of ... Appearance in Appraisement Arrest Order. XVII. XIV. Rule. XXV. XXIV. LI. 1,2 XXII. XVI.. XII. 14 10 15 XXV. XXII. 21 2 XXI. XVIII. I. 13 8 1,2 XII. 12 XXII. 9,10 „ 17 29,30 5 13 VI. 6 III. 17 „ 24,25 XXII. 26 11 III. 27 ,) 18 „ 22 „ 28 » 19-21 23 39 Collision, notice of defence in Commencement of action . Copies, office Costs in ... , 4-6 5 22,23 15-19 29,40 i-11, 18 45H19 35 4-6 44 15 ' ADMIRALTY ACTIONS— continued Cross action .... Enforcement of orders Execution against vessels . Institution of action . Note of judgment or order to be made to Registrar of County Courts' Judgments . Notice of defence in collision . Office copies Payment out of Court Records of the Court . Release of property . Second action .... Service of summons or warrant Sittings of Court .... Summons . . • . . Tenders Transfer of action Transfer of sale .... Warrant, service of . ADMISSION. By any party .... By Defendant of statement Plaintiff's particulars . By Defendant of truth of Plaintiff's statement Evidence of In answer to interrogatories Of claim. 13 & 14 Vict. c. 61. s. 8 Of documents . Of title of Plaintiff to land Where documents not produced Where refusal to deliver a written ADVERTISEMENT. Por creditors to be prepared by Registrar Judge or Registrar to order in what newspaper to be inserted, pay- ment for, to be made to Registrar Notice by, in lieu of service Notice by, where no legal personal representative .... To be issued pursuant to order . When for insertion in London Gazette appidavit. Interpretation of word And office copy of judgment to be filed where judgment summons re- quired on judgment of any com- petent Court ... By receiver of verification of ac- counts Certificate of filing may be given Containing an erasure, &c. Costs of, disallowed when not in con f ormity with rules . Evidence of persons using Evidence where creditor or debtor not resident in district of issuing Court Facts may be supported by Piling of In action against high bailiff affi- davit in answer to order for dis- covery to be made by officer ac- tually engaged .... Inspection of documents referred to Order. XXXIX. XXXVI. XXXIX. X. XVI. IX. XVIII. XXV. Rule. 24,25 9-31 4^6 44 38, 39 41-43 20, 21 24,25 ■ 12-14 1-3 7 36, 37 22,23 32-34 12-14 IX. XVIII. IX. G 4 7 XXIV. 2 w. 9 G III. XXIV. 28 5 LI. 10 LII. XIII. XXXVIII. XIX. 3 14 8 xviii. 5 13 XXV. xxxviii. XIX. 24 4 G XVI. 18 13 Interrogatories to be answered by In urgent cases, on undertaking of applicant to file affidavit sworn before making of order not to issue until affidavit filed . _ . Memorandum of filing to be in- dorsed on affidavit under Trustee Belief Acts, &c. ' . Notice of rejection of imperfect affi- davit to be given by Registrar Not to be filed if sworn before party's solicitor ■ No judgment summons to issue where four months has expired since last payment, except on XXXVIII. XIX. XXV. 12 10 7 296 SUPREME COURT OF JUDICATURE. [Law j. Order, Rule, AFFIDAVIT— continued Of service of default summons other than by bailiff VII. 31 Of servioe of order and disobedience thereto to be made before issue of warrant of possession . . . XXV. 49 Of signature of solicitor or clerk to admissions to be evidenoe . , IX 8 Of sufficiency of sureties . . . XXIX. 2 On application for judgment sum- mons where debtor resides out of district . . . . . XXV. 14 Ou application to be made where party objects to production of cer- tain documents .... XVI. 11, 15 Other than those for which forms are given to state deponent's age, &o., and place of residence . . XIX. 2 Registrar to compare statement in affidavit with probate or other in- strument deposited .... XXXVIII. 13 Required under Trustee Relief Acts, Ac. , 9, 12-17 Special, costs of, when to be allowed L. 30 To be drawn up in paragraphs and numbered XIX. 1 To be expressed in the first person of deponent „ 1 To be filed by Defendant desiring to defend on behalf of others . . III. 8 To be filed by judgment debtor, stating that a receiving order has been made . , . . . . XXV. 30, 31 To be intituled in the action or mat- ter in which it is sworn . . . XIX. 3 To be made by Defendant where a good defence, and resident 20 miles from Court XII. 9 To be made where duplicate of plaint note required VII. 1 To shew on whose behalf filed . . XIX. 4 To state sources of knowledge . . „ 2 Under Trustee Relief Acts, Ac. . . XXXVIII. 8, 9, 12-17 Verification by, of Defendant's ad- noission to Plaintiff's statement . IX. 4 Where affidavit may be used at trial XVIII. 10 Where an illiterate or blind depo- nent XIX. - 9 Where Defendant out of England . LI. 23 Where facts stated in, only are re- lied on XXXVIII. 25, 27 Where leave required under section 1, County Courts Act, 1867, or sec- tion 1, County Courts Aot, 1875 . V. 9, 10 Where more than one Plaintiff or Defendant XIX. 3 Where on filing an affidavit a person not named as Defendant may by leave appeal' X. 4 Where prolixity or irrelevant mat- ter XXXVIII. 29 Where sealed copy of certificate lost, &c. another copy may .be given on proof by XLV. 11 AGREEMENT. To appeal XXXII. 5 To judgment under 13 & 14 Viot. o. 61. s. 9 IX. 3 .. Trials by, under 19 & 20 Vict. c. 108. s. 23 V. 2 AGRICULTURAL HOLDINGS (ENG- LAND) ACTS, 1875 and 1883. Proceedings under .... XL. — ALLOCATUR. Any party dissatisfied with the taxa- tion of oosts may objeot in writing before the allocatur is signed , L. 4 ALLOWANCE. For attendance of witnesses . . L. 10 Of olaim, notice of ... . XXIV. 11 Of debts or claims . . . . „ 10 ALLOWANCES. Just, to be made in taking accounts XXIV. 14 Scale of, to witnesses .... page 270, Order. ALTERATION. Of judgment or order of one Court by another XXV. Of records on ohange of parties . XVH, Of time of holding Court . . . I. AMENDMENT. Action not to be defeated by mis- joinder or nonjoinder of parties . XTV, Application to add or strike out parties Change of Defendant .... „ Change of Plaintiff Improper joinder or omission of hus- band or wife „ Of name or description of Plaintiff or Defendant „ Of particulars and notice of defence . „ Of proceedings ..... IV. Where all not served .... XIV. Where Defendant added or substi- tuted „ Where parties ought to have been sued in a representative character „ Where party wrongly sued . . „ Where Registrar to have same power of amendment as a Judge . . „ Where too few persons made Plain- tiffs .....,, „ AMOUNT. Of security required before delivery of Interrogatories .... XVI. ANNUAL VALUE. In actions for recovery of land, par- ticulars to contain .... VI. ANNULMENT. Of all prior orders and rules . . pages 97, ANSWER. Insufficient XVI. Not bound to answer or make dis- covery until after payment . . „ Or further answer may be either by affidavit or by viva voce examina- tion Refusal or objection of witness to answer examiner .... XVIII. To interrogatories .... XVI. Use of, to interrogatories at trial . XVIII. Where vexatious .... „ APPEALS XXXII. APPEARANCE. By solicitor in Admiralty . . . XXXIX. Costs on default of, of judgment creditor XXV. Default of, of third party ... XI. In Admiralty actions .... XXXIX. Where Defendant only appeal's . XXII. Where neither Plaintiff nor Defen- dant appears' Where person brought in does not appear „ Where Plaintiff does not appear . „ APPLICATION. All parties may apply under order . XXXVIII. Any difficulty in execution, &o. of order, application may be made to Judge or Registrar .... XXV. For directions as to conduct of ac- tion XI. For iujunotion ..... XXII. For judgment summons . . . XXV. For leave to issue a judgment sum- mons , For names of firms .... III. Eor new trial XXXI. Relative to funds in Court . . XXXVIII. Special application where claim sent in after date fixed .... XXIV. To add or strike out parties . . XIV. To consolidate actions . . . VIII. To discharge or vary order ou . . XVII. To set aside judgment on oounter- olaim XXII. Where Defendant desires to defend on behalf of others . , . , III, Rule. 1>» 11 4 1 7,8 13 7 10 4,12 G 5 14 21 4 293. 22,23 1 12 4 1 16 88 15-19 ' 6 17 5 12 16,17 14 13-15 1 23 13 11 1 Vol. 55.] ORDERS AND RULES. 297 Order. APPOINTMENT. Of assessors in Admiralty notion . XXXIX. Of assessors under County Courts Aot, 1875 XXI. Of Deputy Registrar to be entered on minutes II. Of guardian ad litem to infant De- fendant XXII. Of reoeiver under Looal Loans Aot, 1876 XLIII. Of referee or umpire under Agricul- tural Holdings (England) Acts . XL. APPORTIONMENT. Of costs where separate judgment against Defendants .... L. Of interest and dividends . . . XXXVII. APPRAISEMENT. Of goods, where possession taken until security given ... II. When to bo made .... L. In Admiralty .... XXXIX. ARBITRATION. Court may order a referenoe. Fees payable on XX. ARREARS OF RENT. May bo joined with action for reoo- . very of land IV. Or for damage feasant . . . XXXIV. ARREST. Illegal, remittance of aotion for . XXXIII, Of debtor, payment on XXV. Of vessel (Admiralty) . . . XXXIX. ARTIFICER. Summons agaiust an ... V. ASSAULT. Remittance of aotion for . . . XXXIII. ASSESSORS (COUNTY COURTS ACT, 1875). Application for, to aot with Judge ; to be forwarded to Judge and assessors XXI. Assessors to be summoned if Judge approve Failure of one or more to attend . „ Fees on adjournment to be paid forthwith „ List to bo bung up in Court and offloe , Payment by party on application for „ Registrar at request of Judge to frame list of Registrar to apply to persons to aot as , Remuneration of Resignation of, how made ; on re- ceipt of ; name to be removed . „ Wli.'iv proposed assessors not ac- cepted - . „ ASSESSORS. Admiralty Actioiu .... XXXIX. Employers' Liability Act, 1880; . . XLIV. ASSETS. Exeoutor or administrator may be oharged with having wasted . . XXX. Judgment' where Defendant has wasted On realisation of, receivers' accounts may be audited .... XIII. ASSIGNMENT. Interpleader where assessor disputes XXVII. Particulars where assignee suing . VI. ASYLUM. Servioe of summons at a public . VII. ATTACHMENT OF DEBTS. Certificate of order of Court iuwhioh garnishee sued to be sent . . XXVI. Examination of Defendant at trial as to debts due and owing to him . „ No costs where garnishee pays . . „ Notioe of payment to be given . „ Order on trial Proceedings against garnishee (30 & 31 Viot. o. 148. b. 1) . Servioe of garnishee summons . . „ Servioe on a firm or oompany . . „ Where debt belongs to a third person „ Vol. 55. — Ouuiiiis and Rules. Rule. 48 9, 10 1 8 1 7 27 17 40,29 1 34 -11, 18 10 1 11 13 3 12 1 2 6 4, 5 9,10 45, 59 5-17 13,14 3 19 9 1,2 6 7 8 4 5 10 ATTACHMENT. Warrant of ATTENDANCE. Before examiner to produce doou- ments . . . , Refusal to attend AUDIT. At any time before oompleterealiza tion of assets .... Interval between audits . Of receiver's accounts, attendance of party not required at Of receiver's aocounts at close of proceedings .... AWARD. Under Agricultural Holdings (Eng- land) Acts, 1875 and 1883 . B. BAILIFF. See HIGH BAILIFF, BANKERS' BOOKS. ' Where may be inspected . • BANKRUPT. Certificate of an order of adminis- tration: having been made Disoharge of bankrupt judgment debtor ...... Not to be committed where receiv- ing order made or that he is ad- judioated a BANKRUPTCY.. Dof enoe of disoharge by . When aotion not to abate by reason of BANKRUPTCY ACT, 1883. Where possession withdrawn notice of receiving order Where proceeds of exeoutiou to be held BARRACKS. Service of summons at a . BARRISTER. Notice of appearanoe by, not neces- sary BENEFICIALLY INTERESTED. Court may order payment of money to parties Trustees, &o., may sue or be sued without joining parties . BILL OF SALE. Interpleader where claimant claims under a BILLS OF EXCHANGE. AND PRO- MISSORY NOTES. Persons maybe joined as parties who are liable under any one contract, inoluding parties to. BILLS OF EXCHANGE ACT, 1855. Application, for leave to defend under section 2 Application for leave to set aside judgment under section 3 Substituted service of summons issued under .... Where leave given to defend . BOND. Affidavit of sufficiency of sureties by Deposit of money in lieu of Execution of ... Officers not to be surety . Seourity by . To be deposited .... BOOKS. Bankers', inspection of Of account -in use in any trade ; Whera may be inspected . Of accounts to be prima facie evi- dence Officers of Court not to sign, for suitor To be kept by high bailiff . To be kept by Registrar . To be produoed to treasurer 2P Order. XXV. Rule. 40 XVIII. 10,17,18 XIII. XL. XVI. 15 XXV. 32 » 31 » 29, 30 X. 15 XVII. 1 II. VII. LI. XIII. III. XXVII. III. XXXV. VII. XXXV. XXIX. CVI. 15 I> 15 XIV. 4 II. 13 18 M 1 » 12 298 SUPEEME COUET OF JUDICATURE. [Law J. XXXVII. 1 IV. - X. 15 L. 8 XXV. xxxViii. XXV. 27 31 14 .10 XXVI. XXV. 9 37 XXXVIII. L. 20 4 Order. BREACH. Of an order in the nature of an in- junction XXV. Of contraot, damages for, may be joined with action for recovery of land IV. Of promise of marriage, action for, may he brought by consent, sec- tion 23, 19 & 20 Viot. c. 108 . . V. BUILDING SOCIETIES ACT, 1874. Proceedings under .... XLI. Rules for winding up a society regis- tered under the .... XLII. BUSINESS. What to he deemed a place of . . VII, C. CASH BOOK AND LEDGER FOR EQITITABLE PROCEEDINGS UNDER COUNTY COURTS ACT, 1865. Entry of payments in. CAUSES OF ACTION. Joinder of . tl . , CERTIFICATE. Date of, release under Bankruptcy or Insolvency Acts .... For costs under section 6, 45 & 46 Vict. c. 57. . . * . Minute that certificate has been given to be made Of disoharge of bankrupt debtor Of filing affidavit to be given . Of judgment having been obtained Of order of Court in which garnishee sued ..*... Of payment by a prisoner . Of payment, transfer, or deposit un der Trustee Relief Acts, &c. Of taxation of costs . Registrar to certify to the Court in writing ...... XXIV. That an order of administration has been made under section 122, Bankruptcy Act, 1883 . .To lie in office for inspection Variation or confirmation of Regis- trar's. . . . . Where no application to vary . CESTUIS QUE TRUST. ' Judgment against one . . Where other not to be served . CHANGE OP DEPENDANT CHANGE OP PARTIES. Alteration of records on change of Application to discharge or vary order Change or transmission of interest Notice to Defendant or Plaintiff of change of title . ' Rules . not to apply to cases under section 62, County Courts Act, 1856 When action not to abate . Where any person under disability Where change of Defendant c Plaintiff's title. . . . " Where person fails to proceed on death of Plaintiff or Defendant CHANGE OP PLAINTIPP. CHANGE OF SOLICITOR. Notice of CHARGE OP DEVASTAVIT. May be made in summons . CHARITABLE TRUSTS ACT, 1853 Proceedings under CHATTELS. Appraisement and sale of . High bailiff to take possession of CHIEF CLERK OP THE CHANCERY DIVISION OP THE HIGH COURT OP JUSTICE. Registrar taking accounts to have all the powers of a . . . . XXIV. Registrar to have all the powers of, to settle conditions, &o. of sale . XXIII. XXV. XXIV. 32 10 JJ 17 27 III. ' xi'v. 22 21 3 XVII. 9 XIV. 1 LI. 5 XXX. 3,4 II. 30 37 Kule. Order. chose nsr action. Interpleader where assignment of, 40 in dispute XXVII. Where assignee of any debt or other legal ohose iu action sues . . VI. 1 CHEISTMAS DAT. No prooess to be served or executed on XI. 1 Except a warrant of arrest in an Admiralty. action. . . . XXXIX. — Not to be computed in period . . LI. CITY OP LONDON QOUBT. — Betum of judgments in . . . XXXVI. CLAIM. 9 Any party may apply for particulars of XV. CLAIMANT. In interpleader summons to proceed as if parties were Plaintiff and Defendant XXVII. Notice of, in interpleader to execu- tion creditor „ Of damages by execution creditor against high bailiff .... „ Of damages from execution oreditor ' or high bailiff '. „ To lodge particulars, &c. ... „ Under a bill of sale .... „ Where claimant an infant in inter- pleader V. Where claimant fails to comply with provisions of section 72, County Courts Act, 1850 .... XXVII. Where execution creditor does not admit title of „ CLAIMS. Allowance of debts or. . . . XXIV. By or against an executor or admin- istrator may be joined . . . IV.' By or against husband or wife may be joined „ Joinder of, by trustee in bankruptcy „ Joint and separate olaims by Plaintiff! „ Notice of allowance or non-allow- ance of XXIV. Particulars in cases of account to contain a olaim .... VI. The grounds of each olaim to be stated separately where more than one .*..... „ To be sent in before adjudication . XXIV. What claims may be joined with aotion for recovery of land . IV. Where further particulars of claim required '. . . . . . VI. Where, joined separate trials may be ordered IV. 6 Where sent in after time fixed . . XXIV. 4,5 CLAIM FOR CONTRIBUTION, IN- DEMNITY, &0. 2, 3 Notice of claim to be given . . XI. Where default in appearance of third 10 ,party 1 Where Defendant claims contribu- 7 tion, &c, against any other Defen- dant „ 2, 3 Where third party served with notice under Bule 1 of this order. . . „ 8 CLEAE DAYS. Interpretation of words . . ■ LII. CLEEK. Service of prooess on clerk of cor- poration VII. To Begistror may witness signature of Defendant IX. COLLISION. - Notioe of defence in action for (Admiralty) XXXIX. COMMENOEIOINT OP ACTION. By plaint V. Date of VII. In Admiralty XXXIX. COMMITMENT. 1 No commitment when adjudication of bankruptcy takes plaoe after 12 order of XXV. Eule. 13,14 11 18 7 4 12 11 9 2 10 5 4 2 11 2 7 12 7 13 1, 3 2 35 1 2 4 29, 30 Vol. 55.] ORDEllS AND BULES. 299 COMMITMENT— oontinued Note or minute of order of, to be entered in Book H On a judgment of any ooinpotout Court Order of, under Debtors Aot, 1869, must be served personally Order of, under Debtors Aot, 1869, to be in f oroe one year only . . Where order of, sent to a foreign Court . . ' . . . Where terms of judgment or order of, altered by another Court . COMMITTEE. Or next friend COMPANIES ACTS, 1863 AND 1867. Proceedings in County Courts for winding up a sooiety under .' COMPANY. Servioe of process on a firm or . Service of prooess on a railway COMPENSATION TO SEAMEN COMPETENT COURT. Where judgment summons required on a judgment of any COMPUTATION OF TIME. . CONCURRENT WARRANTS. Of exeoution against the goods . CONDITIONS OF SALE. By whom to be prepared . CONDUCT MONEY. Person produoing any dooumcnt be- fore examiner to be entitled to, same as at a trial .... CONDUCT OF ACTION. Judge or Registrar may order who to have CONDUCT OF SALE. Of real property Of sale of personal property CONFESSION. By Defendant in aotion to recover land May be made of amount of Plaintiff's costs and Court fees Of debt when to be made, 13 & 14 Viot. o. 61. s. 8 CONFIRMATION OF REGISTRAR'S CERTIFICATE .... CONSENT. Of assessors to aot (38 & 39 Yiot. c. 60) Of parties to try action, 19 & 20 Viot. o. 108. s. 33 . Of persons to beoome a Plaintiff Of Plaintiff or Defendant must bo in writing To judgment, seotion 9, 13 & 14 Yiot. o. 61 Under seotion 8, 13 & 14 Viot. o. 61 . CONSOLIDATION OF ACTIONS. Application for . . . , Imposition of terms .... CONSUL. Notioe of comuieuoomont of aotion to be given in certain oases to (Admiralty) CONTEMPT OF COURT . CONTRACT. Damages for breaoh of, may be joined with aotion for recovery of land . Persons may be joined as parties who arc liable under any one. Whero property to be sold by private Where several actions brought by different Plaintiffs against same Defendant for breaoh of . Where several aotions brought by same Plaintiff for same oause against several Defendants . CONTRIBUTION. See CLAIM FOR CONTRIBUTION, INDEMNITY, (Sjc. Order. Rule. XXY. 23 *> 17 „ 13 i> 33 »> 28 „ 20 III. 11 XLII. XXVI. YII. VII. 5 21 24 L. 17 XXV. LI. 17 18 XXV. 13 XXIII. 12 XVJ1I. LI. XXIII. | n. 1 XXIII. V. XIV. IX. VIII. XXXIX. XXV. IV. III. II. VIII. 12 35 13 4 35 CONVEYANCING- COUNSEL. Judge may order form of deed to be settled by Where conditions and oontracts of sale to be settled by CONVEYANCE ON SALES CO-PARTNEES. Application for name of firm in ac- tion by a firm Dissolution of, before aotion com- menoed ...... May sue and be sued in name of firm Where judgment against each mem- ber of a firm is desired . COPIES. Of documents referred to in affidavits may be taken by Defendant or his solicitor Office copies of documents (Admi- ralty) CO-PLAINTIFF. Where person has been improperly joined as a COPYHOLD. Tenant may apply for limited inspec- tion of Court rolls .... UO-RESIDTJARY. Where servioe upon oo-residuary de- visee or co-heir unnecessary . CORPORATION. Interrogatories may be delivered to any member or officer of a joint stock company, or . Service of process may be made on olerk, &c, of COSTS. Allowance to scientific witnesses Any party dissatisfied with the taxa- tion may object in writing before the allocatur is signed . Certificate for, under seotion 5, 45 & 46 Vict. o. 57 Compensation to seamen . Contents of a folio .... Conveyancing charges on sale of real property Creditor refusing to comply with Rules 7, 8, Order XXIV., no costs to be allowed Defendant may confess amount of Plaintiff's costs and Court fees Delivery of Discretionary fees and allowances . Exeoution for, against Plaintiff in action under 30 & 31 Vict. c. 142. s. 11 General jurisdiction of Court on trial In action against executor or admi- nistrator where Defendant fails in his defences ..... In action by executor or administra- tor where Plaintiff fails . In aotions for recovery of tenements and replevin .... * In Admiralty aotions .... In cross or second action in Admi- ralty Incurred by Defendant prior to dis- continuance of aotion . Tn disclaimer, admission, &c. . In proceedings by and against exe- outors and administrators Judge may make snob order as to costs as he may think tit May be apportioned where separate judgments No costs where garnishee pays . No costs allowed where solicitor fails to indorse particulars . Notioe of taxation may be posted . Occasioned by non-production of doouments Of advertisements .... Of affidavit when not in conformity with rn Us Order. Rule. XXIII. 11 XXIII. 12 12 III. 14 » 13 13 XYI. 13 XXXIX. 44 X. 8 XVI. 17 III. 20 XVI. 6 VII. 23 L. 18 XXX. XXII. L. XXVI. VI. L. XVIII. LI. 8 17 26 IX. L. L. 3 2 33 XXV. XXII. 46-18 10 XXX. 12 „ 1 L. 19 15 iXXIX. 23, 21 IX. X. 1 9 6 6, 8 4 10 XIX, 300 SUPREME COUKtt OF JUDICATURE. [Law J. Order. Rule. COSTS— continued Of application for any matter whioh could have been inoluded in ge- neral application . . ^ . . XV. 4 Of concurrent warrants . . . XXV. 12 Of. copies of documents ... II. 7 Of counsel and solicitor ... LI. 8 Of counsel when may be allowed . ' L. 23, 24 Of enforcing judgment under seotion 5 of Debtors Act, 1869 . . . XXV. 39 Of entering plaint by solicitor , . VI. 10 Of High Court when not allowed . L. 7 Of improper interrogatories . . XVI. 4 Of married woman on obtaining judg- ment XXV. 2 Of more than one attendance on Re- gistrar L. 31 Of notice to admit or produce . . XVIII. 7 Qf paying trust money to be taxed . XXXVIII. 10 Of Plaintiff or solicitor where ad- mission by Defendant . . . IX. 4 Of proving documents . . . XVIII. 8 Of special affidavits, when to be al- lowed ...... L. 30 Of third person XXVI, 10 Of warrants L. 9 Of witnesses „ 16 On admission of Plaintiff's statement IX. 4 On change of Defendant . . . XIV. 4 On default of appearance of judg- ment creditor XXV. 38 On non-appearance of either party . XXX. 2 On sale of real property, ordinary charges to be made L. 29 Payment by or to counter-claimant . „ 22 Perusals, fee for, where not to be allowed ..'... „ 25 Plaintiff not to be allowed costs after service of notice of admission . IX. 4 Prior to reoeipt of notice of admis- sion in discretion of taxing officer. „ 5 Questions of costs between a third party and other parties . . . XI. 4 Review of taxation of. L. 1, 5 Security for XVI. 20, 21 Solicitors' costs, scale of . . . page 286. Taxation of, under 30 & 31 Vict. c. , 142. ss. 7, 10 L. 7 Taxation under Married "Women's Property Act, 1882 .... XLVI. 2 To be bOrne or paid by another party L. 32 To be paid by foreign bailiff for neg- lect to return copy summons. . II. 26 Trustees may be ordered to pay costs XXXVIII. 24 When costs allowed to solicitors on judgment summons. L. 12 "When costs to be allowed for inspec- tion „ 28 Where next friend undertaking to pay ...... . V. 11,12 W here admission made by Defendant, Plaintiff to have costs of attending on day of trial ..... IX. 4 Where claim exceeds 20Z., and less is recovered L. 20 Where Defendant admits the debt and pays the amount ordered. . XXVI. 2 Where Defendant fails to comply with notice for production of documents XVI. 13 Where Defendant has delayed de- livery of confession. . . . IX, 2 Where Defendant unsuccessful, oc- casioned by joining any person . III. 1 / Where infant suing .... V. 11 Where judgment in favour of Defen- dant in selected action . . . VIII. 6 Where neither Plaintiff nor Defen- damt appears under seotion 1, 38 & 39 Vict. c. 60, and 18 & 19 Viot. Ci 67 XXXIII. 6 Where no costs are to be allowed on a judgment summons . . . L. 18 Where objection to admission of documents XVIIL 8 COSTS— continued Where party dissatisfied, objections to, to be made in writing Where party suing in a fiduciary or representative character Where person made a party Where Plaintiff . accepts part or whole in satisfaction of claim under seotion 1 of County Courts Act, 1876 Where Plaintiff does not appear Where separate trials ordered . Where taxation of, costs to be al- lowed on higher scale . Witness may be ordered to pay. COUNSEL. Pee on a conference .... Pee on a motion or reference . Judge may order form of. deed to be settled by conveyancing. No notice of employment of, required Registrar may order conditions, and any other person . . . ) Where Defendant intends to rely on , defence of Where Defendant intends to rely on, particulars to be given ... Where Defendant pays into a Court a sum admitted to be due after de- ducting a Where Defendant seeks by way of, to recover specific property other than land Where in answer to, Plaintiff in- tends to reply upon defence of Where in any action a setoff or counter-claim is established, judg- ment may be given for balance found due Where one of several persons jointly answerable is sued, Defendant or Defendants may adopt any de- fence or Where Plaintiff is Defendant by COUNTY COURT AOTS. See STA- TUTES. COURT. Interpretation of word May- direct receiver to pay party moneys received * COURT AND OFFICES . COURT ROLLS. ■ Limited inspection may be made Order. Rule. L. i III. 27 23 IX. XXII. IV. 14 SG 7 L. XVIII. 14 22-24 XXIII. LI. XXIII. XV. L. IX. XII. X. 11 8 1 22 XIV. 13 X. 9 XXII. 7 „ 7 „ 15 XXII. IX. 16 15 XXII. 17 X. XIV. 22 X. 10,22 11 LII. XIII. I. XVI. Vol. 55.] ORDEES Afcl) RtTLES. 30 i COURTS. Metropolitan, when to bo considered J us one district 1 COURT, SITTINGS OF. Appointment of .... Notioo of alteration of days to be affixed No two Courts to be hold before same Judge in one day ; not to apply to adjournments . COVERTURE. . Befenoe of Where judgment obtained on ground of ...... CREATION OF TITLE. Set CHANGE OF PABTIES. CREDITORS. * Advertisements for, in administra- tion suit Holding security to produce the same Interest allowed to, in administra- tion actions Need not prove unless required Notice of allowance to be given to every creditor . . . s . Or other person may be required to attend and prove oloim . Refusing to comply with Rules 7, 8, Order XXIV., to have no costs Where claim omitted to be sent Where claim sent in after time fixed CROSS ACTION. Defonoe of set-off or counter-claim to have same effect as a In Admiralty CUSTODY. Discharge from, by Court only . Discharge from, by Registrar . Registrar to have custody of secu- rities Order. V. IX. XXV. Rule. 19 H X. XXV. XXIV. D. DAMAGE FEASANT. Aotion of replevin for Where Defendant entitled to a re- turn in DAMAGES. And costs on application for injunc- tion Claim of damages in interpleader by execution creditor against high bailiff ...... For breaoh of oontraot may be joined with action -for reoovery of land . Or claim in interpleader from exe- cution creditor or high bailiff Payment into Court of, under 30 & 31 Vict. o. 112. s. 31 DATE. And duration of warrauts of execu- tion against the goods . Of commencement in aotion Of commencement in "Admiralty aotion DEATH. Aotion not to abate by reason of the death of any of the parties . Leave to issue execution where ohauge after judgment by . DE BONIS PROPRIIS. Judgment DE BONIS TESTATORIS, SI, &c. Judgment DEBTORS ACT, 1808. Costs of enforoing a judgment under section 6 of Order of commitment must be served personally Order of commitment to be in force for one year only .... XXXIV. XXII. XXVII. IV. XXVII. 13 I* 7 LI. xxiv. 13 6 » 11 » 10 )> 9 12 13 X. 5 24,32 xxv. » 43 44 ii. 16 XXV. VII. 4 2 XXXIX. 4-6 XVII. 1 xxv. 9 XXX. 1-12 XXX. 4-12 13 33 DEBTS. Allowance of debts or olaims . Confession of, or consent to, 13 & 14 Viot. o. 61. ss. 8, 9 . Excess may be abandoned . Notioe of allowance or non -allowance Payment of, by instalments DEED. By whom to be prepared . DEFAULT. Execution may issue unless other wise specially ordered . DEFAULT SUMMONS. Interpretation of words . Affidavit and copy to be delivered to Registrar .... Death of party after service Exchange of default summons . If to be served by solicitor Limitation of time for signing judg< ment May be exchanged within two months of issue May be served in any district . No order of judgment by default to be served Notice of service or non-service to be given . . Service of, in foreign distriot . Service of Substituted service . Substituted service of summons under Bills of Exchange Act, 1855 "When may be struck out . Where neither Plaintiff nor Defen^ dant appears, section 1, 38 & 39 Vict. c. 50. 18 & 19 Vict. c. 67 Where payment not required forth with DEFENCE. For damage by collision in Admiralty DEFENCE, SPECIAL. Any new fact or document may be given on notice .... Any party may at auy time apply before trial respecting a special defence Defendant may file and deliver amended notioe of any special defence . . v , . . Disclaimer admission, &c. by De- fendant In an action for libel or slander . { In actions for recovery of land In mitigation of damages in libel or slander Justification in action for libel or slander Misjoinder of Plaintiffs not to de- feat counter-claim .... Notioe of, to be given ... Objection by Plaintiff of, under 47 25 27 II. xxix. 1 13 6 V. XIV. 4 7, 8 II. 36 XXX. 1> XXIV. XVII. Order. DIRECTIONS. Any party may apply to Judge for . XV. Application by person, under dis- ability " . XVII. Application by third party lor . . XI. Application may be made for further XXIV. Application to discharge or vary order by person not under dis- ability XVII. As to conduct of action, for . . XI. Costs of application for . . . XV. Hearing of application for. . . „ . Notice of application for ... „ When day of trial or hearing not fixed by order . „ DISABILITY. Action not to be defeated by mis- joinder XIV. Persons under, how consents given . III. DISALLOWANCE. Of costs where solioitor fails to in- dorse particulars .... VI. DISCHABQ-B. At. request of judgment creditors . XXV. Of bankrupt judgment debtor . . „ Of person in custody by Court only (other than under the Debtors Act, 1869) Of person in custody by Registrar (other than under the Debtors Act, 1869) On arrest „ On payment in prison. ... „ DISCLAIMER. Defendant may file a statement dis- claiming any interest . . X. DISCONTINUANCE. Of action IX. Where action stayed, &c, counter- claim may proceed .... XXII. Where action pending in another Court for same cause ... „ DISCOVERT. In an action against high bailiff affidavit in answer to order of, dis- covery to be made by officer en- gaged XVI. Non-complianoe with order for . . „ Not bound to be made until after payment of security for costs . „ Objection to „ Of documents „ Security for costs .... „ DISMISSAL. - Where action dismissed, counter- claim may be proceeded with. . XXII. DISOBEDIENCE. Notice of, to be served personally except by leave .... XXV. . To order of attachment ... „ To order for attendance before ex- aminer XVIII. Warrant of possession not to issue until disobedience to order proved XXV. DISSOLUTION. Of co-partnership before commence- ment of action, all parties to bo served III. DISTRESS. For rent, &o XXXIV. Illegal distress, remittance of aotioii for XXXIII. DISTBICT. Of the Courts referred to in section 3, 30 & 31 Vict. c. 112. shall be deemed to be one district for issuing judgment summonses . XXV. Several districts of metropolitan ( V. Courts to be considered for certain J VII. purposes as one . . . .1 IX. DIVIDENDS. Registrar to reoeive, and re-invest same, and apportion the amount . XXXVII. DOCUMENTARY EVIDENCE. Taken at trial .... XVIII. Rule. 7 3 19 2 12 10 36 31 43 44 34 35 9 1 15 18 13 21 11 10 20, 21 41 41 17 49 IS 3,4 1 14 8 27 19 Vol. S^ ORDERS AND RULES. 303 DOCUMENTS. Admission of .... Copies of, how made .... Defendant may state any new faot or document Discovery of Erasure, blotting, or interlineation iu Failure of witness to produce, at trial ....... Filing and Bealing of . Inspection' of ... Inspection of, no allowance to be made unless taxing officer satisfied Judge or Begistrar may at any time order production of . Judge to consider offers to produce . Non-compliance with order for in- spection of Notice to admit or produce Notice of rejection of imperfect document to be given by Registrar Notice to produce . . Objection to discover : Production of before examiner . Production of, from proper oustofly may be read without proof . Production of Sealing of To be distinguished by number of plaint and letters .... Where unstamped or insufficiently stamped . • , , , , DOUBLE VALUE. Claim for, may be joined with action for recovery of land DOUBTFUL SERVICE. Of ordinary summons. . Of summons in foreign district. DUTY. Legacy or succession, must be paid before execution of order for pay- ment DWELLING. Or place of business, service of sum- mons to be at Where judgment debtor about to remove from . Where judgment summons may issue E. EJECTMENT. ' Judgment in, may be enforced by warrant of possession . EMPLOYERS AND WORKMEN ACT, 1876, 38 & 39 Vict. c. 91. s. 3. XVIII. II. s 7 X. XVI. 9 10 XIX. 8 xviii. LI. XVI. 4 15,16 13-16 L. 28 XVI. 12 3 xv'iii. 19 6, G XIX. XVI. XVI. XVIII. 10 14 11 10 XVI. LI. 8 12 16 II. 3 XVIII. 9 IV. 1 II. 24 6 Jurisdiction under .... Form 313, EMPLOYEES' LIABILITY ACT, 1880. Proceedings under .... XLIV. EOTOKCEMENT OF JUDGMENTS s AND OBDHBS .... XXV. ENGLAND. Where Plaintiff resides out of . V. 7 Where Defendant resides out of LI. 23 ENLARGEMENT. By consent of parties of times fixed by rules LI. 12 ENTBY. Of judgments and orders . XXIII. 1,2 V. 1 Of judgments by letter EQUITABLE DEFENCE. Statement to shew concisely grounds of X. EQUITY PROCEEDINGS BOOK. Entries to be made in. . . .XXXVIII. ERASURE. In affidavit XIX. ERROR. Iu name or description of Defen- dant, amendment of . „ . . XIV. Iu name or description of Plaintiff, amendment of „ Order. Rule, Order. Rule. * EVIDENCE. As to creation of trusts to be left with Registrar .... XXXVIII. 11 Attendance to produce doouments . XVI. 16 Books of aooount to be . . XXIV. 4 "By affidavit where oreditoror debtor not resident in district . . . XXV. ' 24 Notice to admit or produce docu- ments XVIII. 6 Of admissions IX. 8 Taken before examiner . . . XVIII. 10 When depositions to be given in „ 2/ EXAMINATION. Before examiner and production of documents XVIII. 10 Examiner to be supplied with copy of documents „ 10 Failure to comply with subpoena . „ 22- On conclusion of, depositions to be filed „ 25 Of Defendant at trial as to debts due and owing to him .... XX VI. 1,2 Of witnesses before trial . . . j -^jj-r -,\ Oral* „ 3 Payment of expenses of person attending „ 18 Where difficulty arises, Judge or Registrar may order examination of any party XXV. 3 Where witness out of jurisdiction of Court, Registrar of Court in dis- - trict may take XVIII. 15 Who may be present at ... „ 20 EX A.MINER. Attendance before . . . , . XVIII. 16 Conduct, money, and expenses sUme as at a trial ...... 18 Depositions how to be taken— to be signed „ 21 Disobeying order to attend or to produce documents .... „ 17 14 Neglect to attend or to comply with subpoena „ 22 Original depositions to be signed by 9 examiner and filed by Registrar . „ 25 Power of, to administer an oath . „ 28 19 Registrar may be appointed an . „ 15 14 Special report may be made by . . „ 20 To be furnished with copy of docu- ments „ 19 Where witness objects to answer . „ 23 Witness may be ordered to pay costs under Rules 22, 23, Order XVIII. . „ 24 EXCESS. 45 Abandonment of, where demand ex- ceeds 501 VI. 1 EXCHANGE. Of default summons .... VII. 35 EXECUTION, WARRANT OF, AGAINST GOODS.' Against a firm XXV.' 8 Against a public officer „ 9 Against a shareholder . . . „ 9 Against a' vessel (Admiralty) . . XXXIX. 29-31 And entries of warrants to be made. II. ■. 30 Concurrent warrants of . . . XXV. 12 Date and duration of warrants against the goods „ 4 For delivery of property ... „ 50, 51 Leave to issue, required where no payment on judgment for two years ,, G May issue on a day to be named in judgment „ 46-48 May issue where default made „ 7 19 Notice of claim to execution creditor XXVII. 1 On judgments under 30 & 31 Vict. 21 • c. 142. s. 11 XXV. 46, 48 Plaint note to be produced before 8 issue of warrant of ... „ 6 Registrar to deliver notice to bailiff with warrant of .... „ 11 8 Separate warrants of, may be issued. „ 47 Transmission of proceeds of, from 7 foreign districts .... XXVIII. 2 VII. XXV. XXV. 304 SUPREME COURT OF JUDICATURE. [LAW J. EXECUTION— continued Warrant of, to be indorsed When leave required for issue of When possession fee payable . Where death of Plaintiff or Defen- dant Where difficulty arises in . Where husband entitled or liable to . Where levied upon garnishee . Where money paid into Court under . an execution or order prior to ap- plication for new trial . Where no warrant of, or judgment summons to issue .... EXECUTION OP ORDER. Legaoy or succession duty must be paid before EXECUTORS AND ADMINISTRA- TORS. Claims by or against may be formed Costs Devastavit may be charged in sum- mons Judgment on Defendant's admission Judgment where Defendant fails in any of his defences .... Judgment where devastavit charged May sue and be sued without join- ing parties beneficially interested. Payment into Court by, of assets Special judgments against To appear only on claim of person not a party . . ... Where Defendant fails as to his de- fences .... Where Plaintiff fails .... EXPENSES OF WETNESSES. Scale on which to be 'allowed. See Appendix, page 270. EXTENSION OP JURISDICTION. By agreement Order. XXV. L. I XVII. i XXV. XXVI. XXXI. XXV. II. PAIR. Action in which title to, comes into question not within jurisdiction of Court, except by agreement be- tween the parties .... FALSE IMPRISONMENT. Remittance of action f or . FAST DAT. Not to be computed in period , PEES. Court, Defendant may confess a- mount of Court, payable after notioe of de- fence given Discretionary fees and allowances . On adjournment to be paid forthwith Payable on arbitration . . Payment into Court before judgment Where Plaintiff recovers less than he claims FILING. Indorsement of, on affidavit under Trustee Belief Acts, &c. 0£ affidavits Of doouments FIRM. Application for names of . Co-partners may sue and be sued in name of . . • ■,.",■ Where business of firm carried on by one person . . • ■ Where co-partners sued in name of, and separate judgments against eaoh • , ■ • Where garnishee a firm service to I be, same as an ordinary summons I POLIO. To comprise seventy-two words . FOREIGN COURT. Interpretation of words , . , IX. Rule. 11 9,10 10 8 11 1 25 14 IV. s 1,2 » 3 11 ;; 12 4 m, XXX. e n ,4-10 rn. 29 XXX. 12 1 V. 2 cxni. l LI. 18 14 L. 33 XXI. 13 XX. 1 IX. 11-13 xxxvm. XIX. LI. 12 6 15 in. 14 „ 13 » 10 XXVI. vn. 15 5 L. 26 LII, — FOREIGN DISTRICT. Doubtful service in ... . Entry of warrants to be executed in Interpretation of words . No n -execution of warrant in . Service of summons in Transmission of proceeds of warrants from Where return of service of summons to Home Court not made, bailiff may be ordered to pay costs . FOREIGN EXECUTIONS. Transmission of proceeds of . FOREIGN EXECUTIONS RE-IS- SUED BOOK. Form N., Appendix, page 282 . FORMAL PROOF OF A DOCUMENT. May be read without proof unless objected to FORMS. No matter to be added to or taken from any form in Appendix . Sufficient if notice substantially complied with Where no, are provided in Appendix FORMS. See Appendix, page 161. FRACTION. Of a penny not to be entered in books FRANCHISE. Action in which title to, comes into question not within jurisdiction of Court except by agreement be- tween parties FRIENDLY SOCIETIES ACT, 1875. Proceedings under .... FUNDS (COUNTY COURTS ACT, 1865). When and how to be paid . FUNDS, TRUST. Investment of FURTHER DIRECTIONS. Application to Judge for . FURTHER PARTICULARS. Notice by Defendant for . G. GAOLER. Payment to .... To disoharge prisoner on notice from Registrar .... GARNISHEE. Certificate of order made against Notice of payment to be given Order on trial .... Payment into Court five clear days before return day no costs to be incurred Service of garnishee summons . Service on, where a firm or company Where debt belongs to a third person or there is a lien thereon Where garnishee discharged . Where judgment against Defendant he may be examined as to debts due, owing, or accruing to Mm GAZETTE; LONDON. Advertisements f or . GENERAL PROVISIONS . GOOD FRIDAY. No summons or other process to be served or exeouted on . Warrant of arrest (Admiralty) may be exeouted on ... When not to be computed in period GOODS. Appraisement and sale of . High bailiff may, on security, deliver up possession of, on certain con ditions GOODS OR CHATTELS. Possession of, by high bailiff . When goods or chattels seized by high bailiff and claimed under bill of sale ..,.., Order. Rule. II. 6 xxvm. 1 LEC. ii. 34 »i 5,25 xxvm. n. .20 xxvm. 1,2 xxvm. 1 XV 111. 8 LI. 27 » 17 24 V. 2 XLI. - xxxvn. — xxxvm. 8 XXIV. 19 VI. 8 XXV. XXVI. LI. XXXIX. LI. XXVII, 35 10 11 2 10 20 11 18 37 37 16, 37 13 Vol. 55.] ORDERS AND RULES. 305 GROUNDS OP CLAIM. To be lodged in interpleader GUARDIAN AD LITEM. Appointment of Where under disability H. HEARING. Absent parties may be added on Before Registrar on taking accounts, Order. XXVII. XXH. » XXII. XXIV. Rule. XV. XXV. XV. XXIV. m. n. Notice of day of trial or hearing to be given Of application for directions . Of a judgment summons may be ad- journed from time to time . . Where an executor or administrator, Plaintiff or Defendant, does not appear at . . . . . . XXX . Where order does not fix day of trial or HEIR-AT-LAW. To produce pedigree if required When co-heir need not be served When, need not be a party When, unknown, how represented . "„ HEREDITAMENTS. Title to, cannet be tried except by agreement between parties . . V. HIGH BAILIFF. Absence of, at sitting of Court . . n. Action against . . * . . . XVI. Attendance at office of Registrar . II. Foreign executions, return of, by . „ Not to act as agent to parties . Not to become surety. Not to sign ledger .... To deliver to Registrar a copy of every summons when served, and the summons when not served To enter all warrants and orders to be served To execute all warrants and orders . To have conduct of sale, &c. of per- sonal property .... To keep a book of all orders for pay- ment of money .... To keep an office where plaints ex- ceed 6,000 a year .... To keep books and make returns To make a return of all ordinary summonses served .... To pay into Court all moneys levied To send notice to execution creditor of withdrawal of possession on notice of receiving order in bank- ruptcy To serve all process .... Where high bailiff of foreign Court neglects to return service to home Court Where proceeds of execution held under Bankruptcy Act, 1883 . HIGH COURT OP JUSTICE. Defendant, after receipt of notice of trial, may proceed in actions re- mitted from, as if action originally brought in County Court Order to be filed and action to pro- ceed as if it were an ordinary action in County Court ... ,. Remittance of action from . . ,j Remittance of actions, &c. from or transferred to the .... ,, Special notice in action for libel or slander . . ~ . . . . ,, Transfer of action to, by order dur- ing progress of action under 28 & 29 Vict. c. 99. s. 9 . . . . ,. Transfer of proceedings to, under section 90 of Judicature Act, 1873, or 28 & 29 Vict. o. 99. s. 3 or 9 . , Transfer to, under section 9, 28 & 29 Vict. c. 99, where upon taking accounts amount exceeds limit of jurisdiction of County Court . . ,. Vol. 55. — Orders and Rules. xxxm . 3 21 27 17 17 18 19 34 13 30 30 35 29 27 31 21 , 26 XXXIII. xxxm. L. I. LI. Order. HIGH COURT OP JUSTICE— continued Where action transferred under sec- tion 8, County Courts Act, 1867, Registrar to apply to Judge for instructions Where costs are taxed under 30 & 31 Vict. o. 142. ss. 7, 10 Where interpleader proceedings transferred to County Court under seotion 17, 47 & 48 Viot. c. 61 HOLIDAYS. In office When not to be computed in period HOME COURT. Interpretation of words HOME -DISTRICT. Interpretation of words . HOURS. Computation of periods of 24 and 48 HUSBAND AND WIPE. Claims by or against . Improper joinder or omission of Service where both Defendants Where husband entitled or liable to execution upon a judgment or order for or against a wife . I. ILLEGAL ARREST. Action for, remittance of, from High Court of Justice .... ILLEGAL DISTRESS. Aotion for, remittance of, from High Court of Justice IMPERFECT. Affidavits or documents, notice of rejection of INACCURATE DESCRIPTION. La summons not to vitiate proceed- ings INDEMNITY. Where Defendant claims to be en- titled to . ... See CLAIM POR CONTRIBUTION, m. LI. IV. XIV. vn. XXV. XXXIII. . XXXIII. XIX. INDORSEMENT. Of notice on copy order of attach- ment Of notice on order of commitment sent to foreign Court Of particulars by solicitor . Of service or non-servioe on copy of summons On order of commitment under Debtors Act, 1869, where time ex- tended On warrant of execution against goods INDUSTRIAL AND PEOVIDENT SOCIETIES ACT, 1876. Proceedings under .... Rules for winding up a society regis- tered under the .... INFANCY. Defence of INFANT. Appointment of guardian ad litem to infant Defendant May sue and be sued . . . . j Payment into Court and investment of moneys awarded, &c. to an. Service on an Under disability, how consent for, given Where claimant in on interpleader . INFERIOR COURTS JUDGMENTS EXTENSION ACT, 1882. Proceedings under INJUNCTION. Application for an .... Breach of an order in the nature of an 2Q VI. II. XLI. XLII. X. XXII. III. V. IX. III. XLV. XXII. XXV. Rule. 9, 10 3,4 18 4 9 14 1 1 10 7,8 1 10 23 33 11 9 11 12 11 12 40,41 306 SUPREME COURT 03? JUDICATURE. [Law J. Order. XXIV. XII. XVI. XII. XVI. XXII. XVI. XXV. INQUIRIES AND ACCOUNTS. By Registrar as chief clerk of a Judge in Chancery .... Judge may at any stage of proceed- ings order inquiries or accounts . Judge may refer any matter to Registrar for inquiry . . .XXXVIII, INSOLVENCY. Defence of X. INSPECTION. Bankers' books Court rolls ...... Documents Judge or Registrar may order in- spection of any property Non-compliance with order for . Of property by Judge "or jury . Omits or objects to ... Order for INSTALMENTS. Execution may issue on non-payment of Notice to Plaintiff by Registrar of payment of, where amount exceeds 10s XXIII. Payment by Where payment by, not required INTEREST. On legacies To be apportioned .... To creditors in administration actions INTERIM ORDERS. Por sale of perishable articles . Mode of application for "When by any contract there is an alleged right to be relieved wholly or partially from liability Sec INTERLOCUTORY ORDERS. INTERLINEATION IN APPIDAVIT INTERLOCUTORY ORDERS. - Application to attach for breach of . Deposit where Defendant resides more than 20 miles from Court . Disobedience to Draft to be prepared by applicant and settled by Registrar. Por detention, preservation, &c. Por non-compliance with rules . Por preservation or custody of pro- perty Por recovery of specific property . Por sale of perishable articles, &c. . XIX. XXV. XII. XXV. XII. How obtained XII. VI. XXIII. XII. XXII. Order need not be drawn up or served unless otherwise ordered . Practice on application for Registrar to seal and file draft order To enter upon any land or building Trial may be postponed . INTERPLEADER. Action maybe tried by jury . Claimant to lodge order transferring proceedings under section 17, 47 & 48 Vict. o. 61, with Registrar of County Court XXXIII. Claim as to goods taken in execution XXVII. Claim of damages by execution cre- ditor against high bailiff . . „ Claim of damages from execution creditor or high bailiff ... „ Failure of claimant to comply with section 72, County Courts Act, 1856 „ Grounds of particulars of olaim to be lodged ,, In action by assignee Defendant may pay money into Court ... „ Judge to adjudicate upon olaim of high bailiff for possession fees in . „ Payment into Court of damages claimed under seotion 31, 30 & 31 Vict. c. 142 . Proceedings generally In Rule. 1 10 5 15 15 17 13,14 19 13 15, 16 16 Order. V. 8 13 LI. XXXVII. 14 4 LI. 13, 14 XII. 2 5 » 1 5,6,7 3,4 15 3 11 3 12-14 1 8 7 3,6 4 14 5 LH. INTERPLEADER— continued Proceedings transferred under sec- tion 17, 47 & 48 Yict. c. 61, how to be tried Sale in Bumnlons against assignor Summons how issued .... Where an infant claimant in an action Where claimant under a bill of sale, and goods sold, expenses of sale, taxes, and rent to be deducted Where execution creditor does not admit claim, high bailiff to apply for summons INTERPRETATION OP TERMS. In rules INTERROGATORIES. Any party may at any time apply for directions with respect to Costs of, discovery by, to be secured Costs of, improper . Either party to an action may de liver In action against high bailiff, affi- davit in answer to . Judge or Registrar may grant leave to deliver particulars, &c. Non-compliance with order to answer Objection to answer ; that they are scandalous or irrelevant - Order to be drawn up by Registrar Payment into Court before delivery of Payment out of Court after delivery of To be according to form . To be answered by affidavit To corporations and joint stock companies Where further answer required. INVESTMENT. Of moneys awarded, &c. to infant, or person of unsound mind INVENTORY. High bailiff to make an . IRRELEVANT. Court may inquire into any pro> lixity or irrelevant matter . That interrogatories are . When interrogatories deemed . JOINDER OP CAUSES OP ACTION . By executor or administrator . By husband and wife .... By trustee in bankruptcy . Causes of action generally . . Joint and separate claims . Separate trials may be had JOINT AND SEPARATE CLAIMS. Joinder of JOINT CONTRACTORS. Counter-claim where some only are sued JOINT DEPENDANTS. Where Plaintiff prooeeds against only one or more . . JOINT STOCK COMPANIES. Interrogatories may be delivered to a member, &c. of ... JUDGE. Interpretation of word Acting for another .... May direct new trial to be had with. jury JUDGMENT. Interpretation of word JUDGMENTS AND ORDERS. Against copartners .... Against executors and administra- tors XXX. Against partners III. Rule. XV. XVI. i 20,21 4 „ 1 » 18 » 3 „ 19 )> 7 2 n 21 )> 22 5 8 IX. 21 H. 37 xxvrn. XVI. )> 29 7 1 IV. IV. XVI. lh- ii. XXXI. in. in. 15 2 4-12 13-16 Vol. 55.] OEDEES AND EULES. 307 Order. Rule. JUDGMENTS AND ORDERS— continued Against partners in name o£ firm Against third party .... A note of every judgment or order in an Admiralty action and of a plaint or petition in equity to be transmitted to Registrar of County Courts' judgments . By confession under section 8, 13 & 14 Vict. c. 61 By consent under section 9, 13 & 14 Vict. c. 61 By married woman sued only in her own name . . Costs of enforcing a, 32 & 33 Vict. c. 62, s. 5 . Enforcement of, for payment of monev Entry of all, to be made Execution on judgment against a firm Execution on judgments under 31 Vict. c. 142. s. 11 Execution for costs against Plaintiff, 30 & 31 Vict. c. 142. s. 11 For balance of set-off or counter- claim For delivery of property . For payment by instalments . For recovery of land, how enforced In action to recover land, &c, section 11, 30 & 31 Vict. c. 142, In selected action Judgment by default, order for, not to be served Limitation of time for signing judg- ment of default summons Minute that a certificate has been given Mode of service .... Non-appearance of Plaintiff Notice of, on an infant or lunatic Notice of, to parties, how served Notice of, when to be served . On counter-claim on non-appearance of Plaintiff Order on, judgment maybe rescinded or altered Separate judgments against De- fendants Separate warrants for possession and costs may be had ,. . Service of, on solicitor Signing judgment limitation for Special judgments against' executors and administrators . Special judgments to be prepared by Registrar When finally settled to be sealed, filed, and minute made . Where certificate of, required . Where deed to be prepared Where default in payment of the whole amount of, or for payment by instalments. . . Where difficulty in enforcing Where no payment on, within two years Where orders not to be drawn up Where payment forthwith not re- quired Where person brought in does not appear at trial . Where persons entitled to JUDGMENT CREDITOR. Application by, for judgment sum mons to a Court in which judg- ment was not obtained . Discharge of prisoner on request of Notice to, of discharge of bankrupt Notice to, that receiving order has been made JUDGMENT DEBTOR, Commitment of . Discharge of XXV. XI. XXXVI. 39 l sxin. 1,2 XXV. 8 » 46 >» 48 XXII. 18 XXV. 50 xxm. 8 XXV. 45 m. 10 xxm. 3 VI±1. 6 vn. xxx. xxm. xxv. •snoTT . VYTT , m. xxv. xxv. 33 xxv. 27 ■JTXTTT 5 XXTT. 7 m. 26 . 25 „ 24 xxn. 7 xxv. 26 6 xxv. 47 ■X"!TTTT. 4 V1L. 33 4-12 2 7 11 13 17 17-22 16 36 31 29,30 33 31 JUDGMENT DEBTOR— continued . Discharge of, at request of judgment creditors Payment by, on arrest Where, about to remove, or is keep- ing out of the way .... Where coats may be awarded , Where debtor not resident in district of issuing Court .... Where no order of commitment against, where a bankrupt Where order of commitment made after bankruptcy of, not to be executed Where no payment by, within two years .' Witness may be summoned to prove means of JUDGMENT SUMMONS. • Adjournment of hearing from time to time Application for, on a judgment of any competent Court Application of, to a Court in which judgment was not obtained . Bankrupt not to be committed if Court satisfied on return day of, receiving order having been made Certificate of an order of administra- tion having been made . Costs of enforcing a, under Debtors Act Discharge of bankrupt judgment debtor Issue and service of . Minute that a certificate has been given Must be served personally . No commitment when bankruptcy takes place after order of commit- ment No costs to solicitors on . . . Not to issue after expiration of four months except upon affidavit Service of, where judgment debtor about to remove . ■ . Successive, may be served by any person Judge or Registrar may direct Where certificate of judgment re- quired ., Where creditor or debtor not resi- dent in district of issuing Court . Where, may issue .... Where no costs to be allowed on Where, has been issued ; warrant of execution to be lodged in Court . Where order of 'commitment sent to a foreign Court .... Where order of one Court altered by another Witness may be summoned to prove means ; name of, to be entered in Book H. JURISDICTION. By consent to any amount Objection by Defendant to, 19 & 20 Vict. c. 108. s. 39 . Eegistrar may be appointed to examine witness resident out of . Service when Defendant out of England Where olaim reduced under 50J., Court to have JURY. Adjournment of trial in order to try by . ; Judge may order inspection by New trial may be had before a . Notice of demand of a What actions may be tried by . JURYMEN. Number to be summoned . JUST ALLOWANCES. To be made without any directions for that purpose .... Order. XXV. Rule. 30 34 10 38 XXV. 21 17 16 29 30, 31, 32 » 31 , 18 J) 27 13 LI. 30 12 XXV. 15 » 19 „ 20 M 16 » L. 24 14 13 XXV. 25 26 „ 22,23 V. 2 X. 6 xvm. 15 LI. 23 VI. 1 xxn. xixi. xxn. „ 2 13 2 1 3 XXII. 4 XXIV. 14 308 SUPEEME COUET OF JUDICATUEE. [Law J. JUSTIFICATION. Defence of . Order. X. K. KIN, NEXT OF. Advertisement for olahns by L. LABOUBEB. Summons against, 38 & 39 Vict. o. 60.8.1 LAND. Actions for recovery of, may bo tried by jury Confession by Defendant in aotion to recover .... Delivery and service of summons in action to recover . Judgment for recovery of, may be enforced by warrant of possession Particulars in action for . "What claims may be joined with aotion for recovery of . LEAVE OF COUBT. How obtained under section 1, County Courts Act, 1867 To defend under Bills of Exchange Act, 1855, s. 2 . To deliver interrogatories . To issue summons ; when may not be granted .... LEDGER. Entry of payments in . No Begistrar, Deputy Begistrar, or other officer to sign . LEGACY. Certificate of payment of duty to bo produced How payable .... To be paid before execution of order LEGAL EEPBESENTATIVE. Where no LEGATEE. Judgment against any one, &c. Person olaimlng as, to produce proof Where, entitled to judgment, other legatees than are entitled need not be served .... LETTEB. Not to bo transmitted from one Metropolitan Court to another, except with default summonses LETTEES, &c. By post to be prepaid LIBEL. Action for, remittance of, from High Court of Justice Defence in aotion of . Facts in mitigation of damages in Payment into Court in an action of Special notice of defenoe in action from High Court . LIEN. Security to be subjeot to a lien for costs Where suggested bygarnishee that debt belongs to a third person or that there is a . LIMITATION. Of time for signing judgment of default summons . LIMITATIONS, STATUTE OF. Defence of Where summons served to save, and party dies LIS PENDENS. . .{(Admiralty) LIST. „ , Of assessors (Admiralty actions) Of assessors (County Courts Act, 1875) Of assessors (Employers' Liability Act, 1880) .... XXIV. IV. V. XXXV. XVI. V. xxxvn. II. II. LI. II. III. xxiv. m. XXVI. vn. x. vn. xxn. xxxix. XXXIX. XXI. XL1V. Itulo. 16 6,8 XXII. 3 IX. 6 VII. 7 XXV. VI. 45 4 1 1 10 2 13 14 14 14 28 H. 5 LI. 21 xxxm. X. IX. 1 16 17 13 xxxnr. 4 10 33 14 34 9 41-43 46-49 5-17 LIST— continued Of orders and rules . Of ordinary summonses served to be delivered by high bailiff to Begis- trar litebaet and scientific in stitutions act, 1854. Proceedings under LOCAL LOANS ACT, 1875. Application for appointment of a receiver Application for rectification of re gister Petition to be presented to Court of district in whiob local authority exercised LONDON GAZETTE. Advertisements for insertion in LOBD OF THE MANOB. Order may be made on, for inspec- tion of Court rolls . LUNATIC ASYLUM. Servioe of summons at LUNATICS. May sue and be sued . Service on Servioe on, where party a lunatio M. MALICIOUS PEOSEOUTION. Aotion for, not within jurisdiction of County Court, except by agree ment between the parties Action for, remittance of, from High Court of Justice MANOE, LOBD OF. Order may be made on, for inspec- tion of Court rolls . MAEINE. Service of summons on a . MABKET. Action in which title to, comes into question, not within jurisdiction of County Court, except by agree- ment between the parties MAEEIAGE. Action not to abate by reason of, if the cause of action survive, &c. MARBIED WOMAN. Acknowledgment of deeds by . Action by, or against Examination of, where interested in funds Where judgment obtained by, on ground of coverture MAEEIED WOMEN'S PEOPEETY ACT, 1882. Application under s. 17, particulars of question to be filed . Judge to. direct upon what scale costs to be taxed . . . Summons to be issued MATTEE. Interpretation of word MEMOEANDUM. Of filing, to be indorsed on affidavit under Trustee Belief Acta, &c. Of day of payment into post office savings bank to be indorsed on receipt delivered to Begistrar MESNE PEOFITS. May be joined with aotion for re- covery of land. METEOPOLITAN COURTS. Letter not to be transmitted from one Court to another except with default summonses . To be considered as one district MINEE. Service on a Order, page! n. XLI. xmi. LI. XL VI. Eule. 27 XVI. 17 vn. 19 in. VII. in. 11,12 n 20 v. : xxxm. l XVI. 17 VII. 16 V. 2 xvn. 1 XLVII. m. v. 10 12 xxxvn. 7 XXV. 2 2 1 LH. - xxxvm. 12,13 » 15 IV. 1 II. V. VII. IX. xxv. 5 8 27 19 14 vn. Vol. 55.] ORDERS Atfl) RULES. 309 MINOR. Summons against a (38 & 39 Yiot. c. 60. s. 1) . MINUTE. Of examination of witness as to means of debtor to bo made in, book, Form H Of leave granted to issue a judgment summons That a certificate has been given MINUTE BOOK. Alteration of, on change of parties An entry of all judgments and orders to be made in . . MISJOINDER. Of parties not to defeat action . Of Plaintiffs not to defeat a counter olaim MODE OF SERVICE. Of judgments and orders . Of ordinary summonses MODE OF TRIAL. Any party may apply for directions as to L . MONEY. Certificate of, paid into Court . Levied under warrant from foreign district, transmission of MONTH. Interpretation of word N. NAME. And description of Defendant in plaint NAMES. Application for, of firm NEGLECT. Of high bailiff of foreign Court of, in making return Of Plaintiff to appear at trial . NEWSPAPER. When insertion of advertisement to be made ; how to be paid NEW TRIAL. Application for . May be had before a jury , Notice of application for . NEXT FRIEND. Undertaking by, for payment of costs NEXT-OF-KIN. Advertisement for Judgment against one, &c. Or a class when unknown how re presented To produce pedigree if required When, need not be served . NON-ALLOWANCE. Of claim NON-APPEARANCE. Of Defendant at trial . Of executor or administrator . Of judgment creditor . Of neither party at trial . Of person not originally a party Of plaintiff at trial NON-COMPLIANCE. With order to answer interrogatories, &c., party to be liable to attach- ment NON-EXECUTION. Of warrant in foreign district . NON-JOINDER. Of parties, action-not to be defeated by NON-SERVICE. Of ordinary summons . Of summons in foreign district NOTE. Of every judgment or order in an Admiralty action, and of a plaint or petition in equity, to be sent to Registrar of County Courts' judg- ments Order. V. XXV. LII. Rule. 10 23 11 it u 27 XVII. 9 xxm. 1,2 XIV. 2 X. a XXIII. VII. 5 9 1 XXVIII. 3 4,9 III. 14 II. XXII. 25,26 5 LI. 9 XXXI. 1 2 1 XXIV. III. 5 17,22 xx'iv. in. 17 9 18 XXIV. 11 XXII. XXX. XXV. XXII. » C 2 38 6 17 5-7 XVI. 19 ii. 34 XIV. 2 II. 23 5 XXXVI. NOTICE. By advertisement where no legal re- presentative By bailiff to party on levying exe- cution By Defendant for further particulars By Defendant of intention to limit his defence By Defendant of objection to juris- diction By Plaintiff of admission to title of claimant By Plaintiff of consent to accept payment by instalments By Plaintiff of objection to jurisdic- tion to try counterclaim By post delivered after office hours . By solicitor to serve default sum- mons Defendant may file and deliver amended notice or particulars of any special defence For inspection of doouments referred to in affidavits .... Indorsement of, on copy of order of attachment Indorsement on order of commit- ment In lieu of service .... Not to be served on Sunday, &c. Of acceptance of tender (Admiralty) Of admission by Defendant of truth of Plaintiff's statement . Of admission of documents Of allowance of claim Of any new fact or document where Plaintiff is Defendant by counter- claim Of appearance of a person not named as a Defendant Of application for committal Of application for an injunction Of application for directions , Of application for discharge from custody Of application for new trial Of application on trustee . Of assets Of change in Defendant's title , Of change in Plaintiff's title Of change of solicitor Of claim to contribution, &c. . Of claim to execution creditor . Of commencement of action (Admi ralty) Of day of hearing (Admiralty) Of day of hearing of petition . Of day of trial .... Of default under section 6, 28 & 29 Vict. c. 99 Of defence in collision (Admiralty) Of defence on behalf of others . Of defences to counter-claim . Of demand of a jury . Of deposit of security Of deposit where Defendant resides more than 20 miles from Court Of discontinuance of action Of doubtful service in foreign dis> trict Of doubtful service of ordinary sum- mons , Of employment of counsel or solicitor not required .... Of holding Courts Of intention to limit defence . Of judgment on an infant or lunatic Of judgment or order (Admiralty) . Of judgment when and how to be served Of non-allowance of claim . Of non-service of ordinary summons Of non-service of summons in foreign district Of payment into Court before judg- ment III. XXV. VI. XII. IX. Rule. 11 8 XXVII. 1 V. 13 X. LI. 3 22 XIV. 13 XVI. 13-18 XXV. 40 LI. EXXIX. 28 6 20 37 IX. XVIII. XXIV. 4 5, 6 11 „ 4 XXV. 41 XII. 5 XV. 2 XXV. 43,44 x-stxt. 1 XXXVIII. 23 XXX. 10 XVII. 3 „ 2 LI. 5 XI. 1-3 XXVII. 1 XXXIX. 4 ., 19 XXXVIII. 2 XV. 6 XXXVII. 6 XXXTX. 35 III. 8 X. 21 XXII. 2 XXXVIII. 18 LI. I. X. III. xxxix. 8 1 5 26 27,28 III. XXIV. ii. 24, 25 11 23 » 5, 12 IX. 11 310 SUPREME COURT OF JUDICATURE. [Law J, XIX. II. x. LI. Order. NOTICE— continued Of payment into Court by Defendant in an aotion by assignee Of payment into Court by garnishee Of payment into Court by instal ments Of payment, transfer, or deposit Of pedigree or proof of claim . Of petition . . Of proposed tender (Admiralty) Of rejection of imperfect affidavits or documents Of service or non-service of default summons . Of special defences when and how to be given Of sureties and of day when bond to be executed .... Of taxing to be posted Of trial to parties and copy particu- lars to Defendant in remitted ac< tion Of trial, where actions stayed for trial of selected action , Solicitor may give notice that he is acting Special, in action for libel or slander Substantial compliance with form of, sufficient Substituted service of/ and notice in lieu of That Registrar's certificate may be inspected To admit and inspect To admit specific facts To an added or substituted Defen- dant To bailiff with warrant of execution To be attached to summons issued against co-partners where judg- ment desired against each To every party whose name is added as Defendant .... To gaoler to discharge prisoner at request of judgment creditor To heir-at-law, &c. to prove claim To judgment creditor of discharge of bankrupt .... To judgment creditor of order of administration made, section 122, Bankruptcy Act, 1883 . To party to shew cause why he should not be committed for con' tempt To Plaintiff of payment by instal ments where amount exceeds 10s. To Plaintiffs of stay of proceedings To plaintiff of non-service of sum mons in foreign district . To receiver of audit of accounts To third party .... Where it is desired to use an affidavit of a witness .... Where order sent to foreign Court Where judgment for Defendant in selected action ... Where payment after notice of de^ fence Where payment not required forth- with "NOTICE BOOK." Entries to be made in NUMBER OP JURYMEN. To be summoned 0. OATH. Examination of witnesses on, before trial Power to officers of Courts to admi- nister an 1, Production of documents on . . XVI. Refusal of witness to be sworn . . XVIII. OBJECTION. By Plaintiff under 47 & 48 Viot. o. 61. s. 18 X. Rule. Order. Rule. xxvn. H XXVI. r v. is XXXVIII. 21 xxrv. 8 XXXVTTI. 2 XXXIX. 36 XXIX. L. 1 3 XXXIII. 1 VIII. 7 LI.' XXXIII. 3 4 XVIII. 17 xxrv. XVIII. IX. 16 5, 6 7 XIV. XXV. 12 11 III. 15 xrv. 2 xxv. xxrv. 36 8 xxv. 31 41 XXIII. VIII. 9 3 II. XIII. XI. s 5 1-3 XVIII. XXV. 10 28 VIII. 5 IX. 14 13 II. 3 XXII. 4 14,15 28 12 XVI. 8 7 11 15,16 X. XVIII. 6 10 XXXIX. II.! 44 7 XXII. II. XXIX. 19 13 6 OBJECTION— continued By witness to answer . . . XVIII. To admission of documents To answer interrogatories . To discover documents . To give inspection To jurisdiction (19 & 20 Viot. c. 108, s. 39) .... To use of affidavit of witness OFPICE COPIES. la Admiralty actions . To be prepared by Registrar OPPICERS OP COtTRT. Actions against . Not to act as agents to parties Not to be surety . . OFFICES OP COURT. An office need not to be kept open in more than one place within the district I. 3 May be closed „ 3, 4 On what days to be kept open „ 3 OMISSION. Of parties to give notice of a time for inspection ... . . . XVI. 15, 16 To answer interrogatories „ 9 ORAL EXAMINATION. Evidence to be taken orally unless otherwise provided .... XVIII. 3 ORDER. Interpretation of word Certain orders not to be drawn up . Certificate of order made against Certificate of, purposes for which required to be stated Draft interlocutory, to be settled by Registrar Enforcements of judgments and or- ders Enforcement of orders (Admiralty) . Ex parte application for . . . For appointment of Registrar as an examiner For detention, preservation, &c. For further directions For judgment by default not to be served ...... For new trial For payment by instalments . For payment of money to assistant paymasterf or Supreme Court under section 5, 28 & 29 Vict. c. 99 . For production of documents . Interlocutory and interim orders . Judge may order absent parties to be added at hearing - . . . Judgments and orders Liberty to apply in every final, made upon any petition or application . Note of every judgment or order in an Admiralty action, or of a plaint in equity, to be made to Registrar of County Courts' judgments . XXXVI. Of committal to be entered in proper book H. Of commitment XXV. Of commitment under Debtors Act, 1869 ; „ Of High Court of Justice, Chancery Division, for winding up com- panies and societies to apply to County Courts, orders, &c. . . XUI. Of Judge for attachment . . . XXV. Of one Court by another ... „ Of payment by garnishee . . . XXVI. On judgment may be prescinded or altered XXV. Plaintiff to lodge order or duplioate of, with Registrar where action remitted or transferred from High Court of Justice .... XXXIH. Registrar to draw up orders under Trustee Relief Acts, &c. . . XXXVIII. Service of, by post or otherwise . XXV. LII. XXIII. 3,6 XXVI. 9 XXIII. 7 XII. 7 xxv. XXXIX. xn. 22-28 5 xvm. xn. xxrv. 15 3 19 xxm. XXXI. xxm. 6 1 8 xxxvn. f XVI. xvm. xn. 5 12 4 XXII. xxm. 14 xxxvn. 6 30 34 42 26 Vol. 55.] ORDERS AND RULES. 311 Order. ORDER— continued Service ot on solicitor . . . XXIII. Terras and conditions of, on consoli- dation of aotions .... VIII. To answer or further answer inter- rogatories XVI. To be entered XXIH. To deliver interrogatories . . . XVI. Where all Defendants have not been served XIV. Where breach of, in nature of an in- junction XXV. Where Defendant added or substi- tuted; exoept under Unlc 4 . . XIV. Where Defendant out of England . LI. Where difficulty arises in execution or enforcement of . . . XXV. Where, direots a deed to be prepared XXIII. Where not exeouted within a month II. Where real or personal property to be sold XXIH. Where sent to a foreign Court . . XXV. Where special, to be drawn up by Registrar XXIII. ORDER BOOK. High Bailiff to enter in, all orders for payment of money or costs, or both II. ORDER OP COURT. May be served by post or otherwise . XXIII. ORDERS AND RULES ANNULLED page i ORDINARY SUMMONS. Interpretation of words . . . LII. Letter not to be sent with, from one Metropolitan Court to another . IT. Mode of service of VII. When not served .... „ When returnable . . . ' . VI. PARTICULARS AND CONDITIONS OF SALE. By whom to be prepared . PARTICULARS AND STATEMENT OF CLAIM. Admission by Defendant of truth of statement in Plaintiff's . Application may be made at any time before trial for directions re- specting particulars of claim or counter-claim Claimant in interpleader to lodge . Copies of, to be filed .... Copy of, with notice of trial in re- mitted action Defendant may file and deliver amended notice or, of any special defenoe Delivery of particulars in answer to interrogatories .... Denial or admission of statements in Plaintiff's Further, notioe may be given by Defendant for In aotion by administrator for relief In aotions for recovery ot land In aotions under 30 & 31 Vict. o. 142. s. IS, a concise statement in writing to be filed In oases above 405. to be filed . In oases of acoount to contain a claim that account be taken . In devastavit to state in, the amount of assets alleged to have been left, and how wasted .... Indorsement of, by solioitor . Notice by Defendant for further Of name and description of Defen- dant in plaint Of olaim may be sent in before adju- dication Of olaim to contribution or indem- nity to be annexed to summons . XVI. X. VI. Rule. 4 4 9 1,2 2 10 40 12 3 11 30 12,13 28 20 S XXIII. 12 VI. - IX. 4 XV. XXVII. LI. 1 4 15 xxxm. 1 XIV. 13 XXX. VI. 3 10 8 V. 4 XXIV. 12 XI. 1 PARTICULARS OP CLAIM -continued Of olaim to goods seized . Of claim to goods to- state amount for damages and grounds of claim Of property distrained in replevin . Of set-off or counter-olaim Plaintiff may file an d deliver amended notice of particulars of demand , To be annexed to summons . . ■ To be deemed part of summons Where abandonment of excess . Where assignee suing Where Defendant intends to rely on a set-ofC or counter-claim, state- ment to contain .... Where demand exceeds 50Z. Where more than one cause of action Where reference made to any docu- ment in . PARTIES. Absent parties may be added on hearing Action not to be defeated by mis- joinder or nonjoinder . Amendment of names or descriptions of Plaintiff or Defendant Application to add or strike out Consent by next friend for persons under disability, dec. Death of either party. " . . . j Description, and residence or place of business of, to plaint . Executor or administrator to appear only on olaim of person not a party Heir-at-law need not be a party Joinder of Joinder of Plaintiff and Defendant . Judge may appoint a person to re- present a class Judge may order examination of any party Judgment against one legatee, &c. . Non-appearance of either party Non-appearance of executor or ad- ministrator Non-appearance of Plaintiff Notioe of tender by party . Notice to, of judgment or order ; when and how to be served . Persons may be made .... Representative of deceased, may be appointed Service of notice of judgment . Service on infant or lunatic To give security on transfer of pro- ceedings to High Court . Trustees and others may sue or be sued without joining parties be- neficially interested Undertaking by party for expenses (Admiralty) ..... Where a party acts by solioitor. , . Where Defendant desires to defend on behalf of others .... Where numerous .... Where one person carries on business in name of a firm .... Where officer of Court Where party Bued in a fiduciary cha- racter Where service may be' dispensed with Where wrongly sued .... Whioh party shall have conduct of aotion Who may be made a party. PARTITION OR SALE. Notioe of judgment for, when to bo served Upon order for sale, Court to appoint one solicitor to have conduct of proceedings When request under Partition Act may be signed Order. Rule. XXVII. 4 XXXIV. X. 7,8 2 11 XIV. n. VII. VI. 13 8 4 4 1 3 X. VI. „ 11 1 7 XVI. XXII. XIV. „ 7,8 11 III. VII. XVII. 12 34 1 V. 4 III. 20 27 1-5 1-3 ,) 17 XXV. III. . XXII. 3 22 6 XXII. xxxix. 2 5 36,37 III. 9) 24,25 23 )) 28 24-25 26 XXXIX. 33,34 III. xxxix. LI. 2 2 III. t) 8 7 )» XXII. 16 19 L. III. XIV. 27 18-21 5,6 LI. III. 11 23 IX. 312 SUPREME COUET OF JUDICATURE. [Law J. Order. PAETNEBS. Actions against III. Application for names of firm . . „ Execution on judgment against a firm XXV. Service on VII, PAETY. Interpretation of word . . . LII. PAYMASTEB-GENEEAL, ASSIST- ANT. Order for payment to, under, section 5, 28 & 29 Vict. c. 99 . . . XXXVII. TVhere default made PAYMENT. Certificate of, by a prisoner . . XXV. On arrest, or in prison ... „ On application for assessors by party XXXIX. To assessors „ PAYMENT INTO COUET. . . II. Acceptance of, by Plaintiff . . IX. Acknowledgments of payments and deposits II. After notice of defence given, section 1, 38 & 39 Vict. o. 50 . . . IX. Application may be made at any time respecting .... XV. Before delivery of interrogatories . XVI. Before judgment bow made . . IX. By Defendant in action by assignee . XXVII. By executor or administrator . . XXX. By instalments XXIII. By Plaintiffs in answer to counter- claim IX. By Plaintiffs in replevin or under EuleW Certificate of money paid into foreign Court XXVIII. Enforcement of orders for. . . XXV. Entry of, under 28 & 29 Vict. c. 99 . XXXVII. In an action of libel .... IX. Notice of, by garnishee . . . XXVI. Notice to Plaintiff of every payment made exceeding 10s. . . . XXTTT. Of damages claimed under section 31, 30 & 31 Victi c. 142 . . . xxvn. Of money as security .... XVI. Of moneys awarded, &c. to infant . IX. Order for, to be prepared by Ee- gistrar XXTTT. Under 28 * 29 Vict. c. 99 . . . XXXVII. When rules of Order IX. not to apply IX. Where amount paid in by Defendant includes a set-off or counter-claim. „ Where fresh order for payment by instalments . - . . . . L. Where, may be retained pending appeal XXXH. Where, may be retained pending ap- plication for new trial . . . XXXI. Where, may be retained, where more than one action (Admiralty) . . XXXIX. Where, may in certain cases be re- tained IX. Where, not required forthwith . . V. Where tender pleaded ... X. Where, to abide event of action . XII. PAYMENT OUT OF COUET . .] VH. { IX. By cheque or Post Office order . . IX. Of money paid in as security . . XVI. To infant on coming of age . . (XXXVIII. To Plaintiff pursuant to Order II., EulelO IX. To solicitor (Admiralty) . . . XXXIX. PEDIGEEE. If required, to be produced . . XXIV-. PENDING- ACTION. In Admiralty Court .... XXXIX. In another Court for same cause . XXII. PEESONAL PEOPEBTY. High bailiff to have conduct of ( II. sale of I XXIH. PEESONS OF UNSOUND MIND. Any person may be made a party . HI. How consents for, given , , , ,» Eule. 13,16 14 8 12 37 34.3S 45-48 49 9 12 14 1 21 11 14 11 8 15 18 13 7 21 21 20 16 13 4 1 17 13 20 6 10 1 18 19 22 41-43 9 Order. PEESONS OP UNSOUND MIND— continued How sued or defended . . . III. Service on a "VTI. PEBUSALS. When fee to be allowed, &c. . . L. PETITION. By person interested in funds in Court xxxvm. Note of every order or petition in equity to be made to Eegistrar of County Courts' judgments . . X X XVI. Proceedings by, under Trustee Be- lief Acts and other Acts . . . XXXVHI. PIECE-WOEK. Action by infant for .... T. PLACE OP BUSINESS. What to be deemed a . . . . VII. Where judgment debtor about to re- move from XXV. PLAINT. Action to be commenced by V. Applications under Building So- cieties Act, 1874, to be com- menced by XLI. Applications under Friendly So- cieties Act, 1875, section 20, to be commenced by „ Entry of ...... V. Entry of, by letter to Eegistrar. Entry of, in Admiralty action . Entry of, in replevin .... Entry of, out of district . How leave obtained to enter, under 30 & 31 Vict. c. 142 . How Plaintiff sues to be inserted in praecipe Praecipe to be filed on entry of . Security for costs where Plaintiff resides out of England . Summons to appear to Where parties agree to try any action under section 23, 19 & 20 Vict. c. 108, memorandum of consent to be filed on entry of . PLAINTIFF. Amendment of name or description of Capacity in which Plaintiff sues to be inserted in praecipe . Change of Costs where, recovers less than he claims Death of Default summons may be served by . Deposit may be ordered . May file and deliver amended par- ticulars of demand .... Objection by, under 47 & 48 Vict. c. 61. s. 18. Payment by, in answer to counter- claim Payment by, of money out of Court to Plaintiff may before or after judg- ment apply for an injunction. Security for costs where Plaintiff resides out of England . Suing by solicitor .... Where, accepts money paid in . Where, appears XXII. Where default summons has been is- sued and Plaintiff does not appear. „ Where, desires an account to be taken VI. Where, desires that only a certain question may be deoided. . . „ Where, does not appear . . . XXLT. Where, does not appear on counter- claim „ Where, does not require payment forthwith V. Where, is substituted or added, re- oord to be altered .... XVH. PLAINTIFFS. All persons may be joined as . . in. Joint and separate claims by . . IV. When too few persons made . , XIV. Eule. 11 11 22-29 XXXIX. xxxrv. V. vn. v. XIV. i li 19 1 7 2-4 V. XIV. 5 1 xvn. vn. XH. 21 1 30 9 XXV. 13 X. 3 IX. 15 18 xxn. _ 12 v. ii. IX. 7 38 14 6 7 13 Vol. 55.] OEDEES AND EULES. 313 Order. XXV. n. vn. xxvn. n. XXVII. XXV. L. II. LI. XXIII. PLIANT NOTE. Or summons to be produced on ap- plication for warrant against goods Production of, on payment of money out of Court Where lost or destroyed, a duplicate may be given ..... POSSESSION. Pees where failure to comply with section 72, County Courts Act, 1856 High bailiff to take and retain pos- session of goods, &c. High bailiff's fees- of, or expenses where execution creditor admits title of claimant .... Judge to adjudicate upon any claim of high bailiff for possession fees . Recovery of land to be enforced by warrant of "When, fee to be charged . "Where, taken until security given, . POST. All letters, notices, &o. sent by, to be prepaid Notices by, delivered after office hours Service of judgments or orders by . POST OFFICE SAVINGS BANK. Entry of payments into, to be made . XXXVII. Interest of any fund in, to be paid by Registrar half-yearly ... „ Mode of withdrawing moneys from . „ Payment of moneys into, under sec- tion 26, County Courts Act, 1865 . „ Payment of moneys into, under sec- tion 24, County Courts Act, 1867 . XXXVIII. Postmaster's receipt, entry to be made of, in Equity Proceedings Book POSTPONEMENT OF TRIAL Any party may apply for (if day ha3 been fixed) , PRACTICE OF COURT. Adjournment of trial for non-com- pliance with rules . ... On interlocutory applications . PRAECIPE. On entry of plaint Capacity in which Plaintiff sues to be stated in Solicitor to file, on entry of appear- ance in Admiralty action To be delivered on inspection of records in Admiralty action To be filed in an Admiralty action To be made on application for war- rant against goods . To state desire of solicitor to serve default summons . PRESERVATION OF PROPERTY. Warrant for .... PRISON. Payment in .... PRISONER. Certificate of payment by a Discharge of, on payment , Discharge of, on request of judgment creditors .... Service of Summons on a . PROBATE. Of will or original instrument, Ac, to be left with Registrar, if re- quired ...... Of will to be compared with state- ment in affidavit . PROBATE ACT, 20 & 21 Vict. c. 77. Proceedings under . PROCEEDINGS. All, may be in forms similar to forms in Appendix . . Application for directions as to certain Application may be made to set aside Authorised by Act By or against executors or adminis- trators Vol. 55.— Orders and Bules. xn. xv. xn. XXV. V. n. XXV. XXV. 5 10 1 1 5 45 10 37 1 15 21 12-14 PROCEEDINGS— continued In applications for referee or umpire On an Order against an unknown Defendant (Admiralty) On discovery of (Admiralty) . On execution against a vessel (Ad- miralty) On transfer of sale (Admiralty) Under any Act not referred to in rules, may be commenced by action or petition PROCEEDS OF WARRANTS FROM FOREIGN DISTRICTS. Transmission of PROCESS. To be served by high bailiff PRODUCTION OF DOCUMENTS. Judge or Registrar may order at any time Judge to consider offer for PROMISSORY NOTES. See BILLS OF EXCHANGE AND PROMIS- SORY NOTES. PROOF. Of debts and claims in administration Of documents produced from proper custody to be read without . Of service of summons PROPERTY. Delivery of, in Admiralty actions . Inspection of, by Judge or jury Order for detention, &c, of Preservation of, warrant for Sale of personal PROVIDENT SOCIETIES ACT, 1876. Proceedings under the Rules for winding up of a society registered under the PUBLIC OFFICER. Leave required to issue execution against VII. xxxvin. XLIX. LI. XV. XXXI. LI. Order. Eule. XL. 7 XXXIX. 26 27 » 30 32 LI. xxvni. rr. XVI. XY1TI. VII. xxxix. xxn. xn. n. XLI. XL1I. 15 QUANDO ACCIDERINT. 11 Judgment of assets .... QUESTION OF PACT. XXX. 4 May by order of Judge or Registrar 3 be tried by jury .... xxn. 15, 16 E. RAILWAY COMPANY. 43 Service of summons on a , vn. 4 REAL ESTATE. xxni. 5 Where legacy charged, on . BEALISATION OE ASSETS. m. 6 . Accounts may be ordered to be audited before complete . XIII. 36 Audit of Receiver's accounts after . REAL PROPERTY. " 35 When directed to be sold, ordinary conveyancing charges to be al- 37 lowed . . ' . L. 35 Who to have conduct of sale . RECEIVER. xxm 36 Accounts may be audited at any 17 time , . Accounts to be written on foolscap paper bookwise .... Attendance of party not required at xin. 11 Court may direct, to pay party )i 13 moneys received .... » May be appointed .... >t — Interval between. each audit „ Realisation of assets .... >! Registrar to audit accounts of . „ 24 To give security if not high bailiff . To produce vouchers .... " 1 RECEIVING ORDER. 1 Where, has been made, bankrupt not 26 to be committed .... Withdrawal of high bailiff on notice XXV. — 21 12 31 13 3 12 19 12 5 3 7 8 1 6 3 3 2 4 l, 30 33 2 B 314 SUPREME COURT OF JUDICATURE. [Law J. RECORDS. Alteration of, on change of parties . Inspection of, in Admiralty action . RECOVERY OP LAND. Confession in action for Execution for costs against Plaintiff in action under section 11, 30 & 31 Vict. c. 142 Execution on judgments under 30 & 31 Vict. c. 143. s. 11 . Expiration of title before return day Notice by Defendant of intention to limit his defence to part of pro- perty One or separate warrants for pos- session and costs in judgments, 30 & 31 Vict. c. 142. s. 11 . Or tenements, &c.j may be tried by jury Particulars of actions for . To be enforced by warrant of pos- session Warrant of possession not to issue till disobedience to order proved . What claims may be joined with action for Where any person not named as Defendant may, by leave, appear in action for RECOVERY OF POSSESSION. Actions for recovery of tenements may be tried by jury Actions to recover possession of tenement shall be distinguished as actions for RECOVERY OF TENEMENTS. Costs in actions for .... REFEREE. . Or umpire, appointment of, in pro- ceedings under Agricultural Hold- ings (England) Acts, 1875 and 1883 . . . - . REFERENCE. Of disputes under Friendly Societies Act, &c. Order of, before or after return day Same fees to be paid as on entering a judgment under a default sum- mons REFERENCES. To conveyancing counsel REGISTRAR. Interpretation of word • REGISTRAR. Absence of, or his deputy . At request of Judge to frame list of Order. Rule. xvn. 9 41,43 IX. 6 XXV. 48 xxra. 46 10 5 xxv. 47 XXII. VI. xxv. IV. X. xxn. v. L. Bond to be deposited with Certificate of Certificate of, to lie in office Certificate of, to be given of payment of legacy, &c. duty before execu- tion of order Claim sent in after time fixed . Every summons issued under Bule 15, Order XXV., to be signed in proper handwriting of . May witness admission by Defendant of truth of Plaintiff's statement . Not to act as an agent Rot to become surety . Not to sign ledger .... Office may be closed on Saturdays at 1 p.m • Office may be closed by special order of Lord Chancellor Office need not be kept open at more than one place Power of Eegistrar under sections 16, 17, 30 4; 31 Vict. c. 142 . Receiver's accounts to be audited by Suitors' money to be paid by . Suitors' money to be received by . To comply with Treasury regulations for the safe custody of securities . XXV. IX. n. n. i. 49 1 3 19 XLI. XX. i i i •gYTTT 11,12 lh. - n. 1 XXI. XXIX. XXIV. » 1 5 15 16 n. XXIV. 14 13 15 4 13 13 XIV. 14 -X-TTT 3-8 n. 10 „ . 11 Order. REGISTRAR— continued To draw up order under Trustee Relief Act, &c XXXVLTL To enter in minute book all ordinary judgments and orders for payment of any debt, &c XXDX To enter in "notice book" despatch of all summonses, &c. ... II. To file and number, &c., all docu- ments „ To have all the powers of a chief clerk of the Chancery Division . XXIV. To issue all processes ... II. To keep an office open daily . . I. To keep books . . . . II, To make a note of judgments and orders in Admiralty and of plaints or petitions in Equity to Registrar of County Courts judg- ments XXXVI. To prepare all special judgments or orders XXXIII. To prepare copies of all documents, &c, in custody of Court or its officers n. To produce Court books to treasurer „ To take accounts and inquiries . XXTV. To tax all costs subject to review . I/. To transmit all advertisements for insertion in London Gazette, ex- cept under Order XLIL, to Regis- trar of County Courts judgments. LI. Variation or confirmation of certifi- cate by . . . . s . XXTV. When appointed examiner . . XVni. When Judge may appoint a deputy . II. Where claim made under a bill of sale, and an order made for sale, Registrar to deliver duplicate of order to high bailiff . . . XXVII. Where Judge, acting for another, signs any documents, Registrar to make a memorandum thereon . II. REGISTRAR OF COUNTY COURTS JUDGMENTS. All advertisements for insertion in London Gazette to be sent to . LI. Note of order in Admiralty and Equity to be sent to XXXVI. Return of judgments in City of Lon- don Court to be sent to . . . „ REGISTRATION OF JUDGMENTS. Of County Courts (in Admiralty aod Equity) XXXVI. Of City of London Court ... „ REJECTION. Notice of, of imperfeot affidavits or documents ..... XIX. RELEASE. . Defence of, under Bankruptcy Act . X. Of property in an Admiralty action. XXXIX. RELIEF OVER. Claim by Defendant against a person not a party XI. REMITTED ACTIONS FROM HIGH COURT OF JUSTICE. Copy, order of Court, or duplicate, and writ, with a statement, to be lodged with Registrar . . . XXXIII. Registrar to indorse order or dupli- cate, and file same . . ... „ Special notice in action for libel' or slander „ Upon service of notice of trial upon Defendant under Rule 1, action to proceed as if an original action . „ RENT. Arrears of, may be joined with action for recovery of land . . . IV. Interpleader where high bailiff directed to sell the goods, rent to be deducted XXVII. Judgment in replevin when distress for rent XXXIV. Rule. 7 1 7 12 12 1 17,18 15 1 15 10,21 12 4 Vol. 55.] OEDEES AND EULES. 315 Order. ' Eule. REPLEVIN. Action of, may be tried by jury . XXII. 3 Costs in action of replevin . . L. 19 For rent in arrear or for damage feasant XXXIV. 3 Judgment in, when distress for rent „ 4 Judgment for damage feasant „ 5 Judgment for Defendant for return of goods „ 6 No other cause of action to be joined ....... 1 Particulars in action of ... „ 2 Where Defendant entitled to a re- turn for damage feasant . „ 5 "Where payment of -money by Plain- tiffs in IX. 18 REPRESENTATIVE. Costs where party suing or sued in a fiduciary or representative cha- racter L. 27 "Where no legal, Judge may proceed in absence, or may appoint some one to represent estate . . III. 28 REQUEST. Under Partition Act, 1868, s. 4, parties may attend at any time after entry of plaint and sign ■ IX. RESCINDING OP OEDEE. By Court XXV. 26 RESIDUARY LEGATEE. ' Entitled to judgment may have the same without serving the remain- ing legatees, &c III. 18 Other legatees than are entitled to judgment need not be served . „ 19 RESPONDENT. Application for injunction to restrain respondent from repetition or continuance of wrongful act . XXII, 12 RETAINING MONEY. In certain cases money paid in to be retained IX. 17 Pending a new trial .... XXXI. 1 "Where more than one action, Ad- miralty XXXIX. 39 RETURN DAT. Interpretation of words , . . LII. — RETURN. Of judgments in City of London Court XXXVI. 1 Of summonses by high bailiff . . II. 27 Of warrants and orders of, com- mittal in foreign district „ 3i REVIEW OP TAXATION OP COSTS. All costs to be subject to review L. 1 Any party dissatisfied with the taxa- tion of any bill of costs may , make objections in writing . . „ 4 Taxing officer to reconsider and re- view his taxation upon such ob- jections ....... „ 5 REVIVOR, ORDER OP. Application for XVII. 2, 3 ROLL. Solicitors to sign a, or book , . LI. 7 RULES. Adjournment for non-compliance with XII. 15 Annulment of all prior . . . pages 97, 293 Enlargement or abridgment of time fixed by LI. 12 General practice of Court prescribed by these rules to apply to all pro- ceedings authorised by any Act . „ 25 Of High Court of Justice for winding up of companies and societies to apply to County Courts . . XLII. — Proceedings authorised by any Act . LI. 26 Proceedings in Acts not referred to in rules shall be commenced by action or petition ... „ 25 Short title to page 97 To be adhered to, and no matter to be added to or taken from any form . , LI. 27 "Where no forms in Appendix . « „ 24 s. Order. Rule. SAILOR. Service of summons on a . . . VII. 15 SALE. How regulated L. 10 In interpleader, high bailiff after de- ducting expenses of sale and taxes and rent to pay balance into Court XXVII. 6, 12 In partition action, one solicitor only to have conduct of proceed- ings IX. 10 In Admiralty actions .... XXXIX. .. 29-31 Of goods under execution L. 11 Of perishable articles, &c, order for XII. 2 Of personal property under super- intendence of high bailiff . . II. 35 XXIII. 13 Of real property, order to direct who t to have conduct of ... „ 12 Registrar to have all the powers of a chief clerk of the Chancery Division XXIII. 12 Transfer of, in Admiralty actions . XXXIX. 32-34 Where all parties have signed re- quest under Partition Act, 1868, order for sale may be made at next Court IX. 9 SALVAGE. Property how released in Admiralty actions XXXIX. 21 SATISFACTION. Acceptance of amount paid in as . IX. 12 Payment after notice of defence . „ 14 Payment by Plaintiff in satisfaction of counter-claim . „ 15 SAVINGS BANK,' POST OFFICE.' Payment into, under section 26, County Courts Act, 1867 . . XXXVLT. 1, 2 "Where money withdrawn letter to be sent to the Treasury ,, 3 SCALE OF COSTS. See SOLICITOR. SCANDAL. In interrogatories . . - . . XVI. 7 SCIENTIFIC INSTITUTIONS ACT, 1854, LITERARY AND . . X. — Every dispute referred to the Court to be commenced by plaint and summons XLI. 1, 2 SEALING. Of documents LI. 16 SEAMEN. Compensation to. ... . L. 17 SEARCHES. How to be made EC. 10 SECOND ACTION OR CROSS AC- TION. In Admiralty, costs may be referred XXXIX. 24 In Admiralty, first and second actions may be tried together „ 25 Set-off or counter-claim to have same effect as a cross action ... X. 2 SECONDARY EVIDENCE. May be received where admissible . XVLTL 4 SECURED CREDITOR. To produce security .... XXIV, 7, 10 SECURITIES. Custody of, deposited with Registrar under section 24, 30 & 31 Vict. c. 142 H. 16 SECURITY. Affidavit of sufficiency of sureties . XXIX. 2 Amount of XVL 21 By bond, notice of proposed sureties to be served XXIX. 1 By bond, deposit with Registrar of Court „ 5 Creditors holding, to produce same. XXIV. 7 Deposit in lieu of ... . XXIX. 4 Deposit of, under Trustee Relief Acts, 4 XXXI. 1 VIII. 7 XXII. 15 XXXVIII. 20 16 XIV. 10 XXII. VII. 6 32 XXII. XIV. vn. xrv. XVII. LI. 10,11 3) i vit. 2 XVII. 3 1,2 4 12 n. 14 vn. XXV. 29 6 20 » 10 11 n. 4 v. VII. 1 2 SUMMONS— continued High bailiff to deliver list of . In Admiralty aotion . In interpleader .... In interpleader, may issue where assignor disputes assignment In metropolitan districts . In proceedings under Friendly So. cieties Act, 1875, &o. Issue of default, to be served by Plaintiff or solicitor Issue of, in Admiralty action . Letter to be sent by Registrar with default, except in metropolitan districts Married Women's Property Act, 1882, to issue under May issue into foreign districts on plaint Ordinary, when returnable Ordinary, when to be delivered for service . . . . . Ordinary, where not served Particulars to be annexed to, where amount exceeds 40$. Particulars to be deemed part of Successive ..... Order. Rule. To assessors by post in Admiralty actions To parties to attend to proceed with inquiries and take accounts . To witness To witness on a judgment summons When default, may be struck out When notice to be attached to . Where Defendant about to remove out of jurisdiction . Where issued by leave of Judge or Registrar . . Where jurisdiction enlarged by con- sent Where under section 1, County Courts Act, 1875, not to issue in certain cases .... SUMMONS. See DEFAULT SUM. MONS. SUNDAY. No process to be served or executed on (except a warrant of arrest in an Admiralty action) Warrant of arrest (Admiralty) may be executed on . ' . . • SURETIES. Affidavit of sufficiency to be made . SURETY. Officers of Court not to be SURVIVOR. Action not to abate by reason of marriage, 15 3 » 32 „ 28,30 » 18 16,19 5 320 SUPREME COURT OF JUDICATURE. [Law J. m . ^ . m . Order. Rule. TAXATION OF COSTS -continued "Under 30 & 31 Vict. c. 142. ss. 7, 10 on scale in High Court of Justice L. 7 When more than one attendanoe on Registrar may be allowed „ 31 "Where claim exceeds 20*. and less is recovered „ 20 "Where party dissatisfied with „ 4 Where party sued in a fiduciary or representative charaoter .... 27 TAXES. Where goods sold in interpleader, taxes to be deducted . . . XXVII. 12 TENDER. Defence of, not available unless money paid into Court ... X. 20 Notice of proposed, in Admiralty action XXXIX. 36. 37 TENEMENTS, RECOVERY OF. Action for, may be tried by jury . XXH. 3 "Undertaking by Defendant as to liability in several actions by deci- sion in . . . . , VIII. 2 THIRD PARTY. Judge may decide all questions of costs between third party and other parties to action XI. 4 Judge may order question of liability between third patty and Defendant to be tried „ 3 Where counter-claim raises question between Defendant, Plaintiff, and any other person .... X. 21 Where debt belongs to, or on which there is a lien XXVI. 10 Where Defendant claims to be en- titled to contribution, «fcc. . , XI. 1 Where, desires to dispute Plaintiff's claim „ 2 TIME. Computation of LI. ' Enlargement or abridgment of, fixed in rules „ For doing any act .... „ Of service of summons on witness . VII. xvm. 2 Within which inspection of docu- ments is to be given . . . XVI. 16 TITHE. Actions to which title to, oomes into question, not within jurisdiction of Court V. 2 Except by agreement between parties „ 2 TITLE. Actions in which title comes into question not within jurisdiction of Court V. 2 Except by agreement between parties .'...„ 2 Judgment under section 11, 30 & 31 Vict. c. 142, where title of Plaintiff has expired before return day . XXni. 10 TOLL. Actions in which title to, comes into question not within jurisdiction of Court ...... V. 2 Except by agreement between parties „ 2 TORT. Action of, remittance of, from High Court of Justice .... XXXHE. 1 Where Defendant relies upon any statutory defence in an action of . X, 8 TRANSFER. Of actions commenced in different Courts VIIT. 8 Of actions or matters remitted or transferred to or from High Court of Justice XXXni. 1 Of action to High Court of Justice under 28 & 29 Vict. c. 99. s. 9 during progress of action . . . . „ 6 Of action to High Court of Justice under 28 & 29 Viot. c. 99. s. 9 upon ' taking accounts and enquiries 18 12 19 T RANSFER— continued where amount of County Court jurisdiction exceeded Of action to or from High Court of Justice under 36 & 37 Vict. c. 66. s. 90, or 28 & 29 Vict. o. 99. ss. 3 or 9 Of action from Court of Chancery under 31 & 32 Vict. o. 142. s. 8 Of interpleader proceedings to County Courts under 47 & 48 Vict, c. 61. s. 17 Of Admiralty proceedings, person claiming an interest may intervene for purpose of case being trans- ferred to High Court of Justioe . Of Admiralty action to High Court of Justice or to another County Court Of sale, proceedings on, to High Court of Justice (Admiralty) Of stock TRANSMISSION. Of certificate by Registrar of pay- ment of money into foreign Court Of interest, service of order on change or Of letters, &o. by post Of proceeds of warrants from foreign districts 4 TREASURER. Interpretation of word . . , Court books to be produced to . Notice to, of deposit of security . TRIAL. Interpretation of word Absent parties may be added on Action to be struck out where neither party appears to default summons at Action to be struck out where De- fendant only appears Adjournment of, on application of either party Adjournment of, to enable parties to comply with practice Adjournment of, where action pend- ing in another Court for same Order. XXXIII. Ru'e. 7 8 9,10 22,23 32-34 xxvm. xvn. Li. 5 21 xxvm. 2 LH. n. xxxvni. 12 18 LH. XXH. 14 Admiralty action, where may be tried Application for directions as to mode of Application for directions for exa- mination of witnesses before trial Appointment of guardian ad litem to infant Defendant .... By agreement under section 23, 19 & 20 Vict. o. 108 Counter or other claim may be tried by an independent aotion Court may, in addition to giving judgment for damages and costs, grant an injunction Documentary evidence taken at Documents produoed from proper custody to be received at, without further proof Examination of witnesses before General jurisdiction at Inspection of property by Judge or jury Judge at, may disallow amendment of particulars and notice of defence or adjourned trial .... Judge at, may make an order for partial administration , Judgment on counter-claim whero Plaintiff does not appear Jury notice of demand of . May be adjourned that notice may be given Mode of, any party may apply for directions as to New, may be had before a jury . xn. 12 )> 15 xxre. 9 XXXIX. 1 XV. 1 n 1 xxn. 8 v. 2 xxn. 18 xvni. 12 11 xxn. 8 14,15 10 .- 13 XIV. 13 xxn. VI. 11 6 XXII. 7 1 » 2 XV. XXXI. 1 2 Vol. 55.] ORDERS AND RULES. 321 TEIAli— continued New, notice of application for . , Notice of day of . . .' Officers of Court, actions against Postponement of .... Seourity for costs of discovery where it appears to Judge at, or to the taxing officer reasonable Separate, may be ordered . Use of answer at .... "When a person brought in does not appear at Where an affidavit may be used at . •Where assessors or one fail to attend Where Defendant does not appeal* . Where order on application for direc- tion does not fix the day of : Where person at, or adjournment declines to be made a Plaintiff, cause to be struck out . Where person other than a Defen- dant appears at, and admits that he is the person intended to be charged Where set-off or counter-claim es- blished judgment may be given for balance found due to Defen- dant . Where Plaintiff does not appear at . Where Plaintiff is stayed, &c. coun- ter-claim may proceed . - . TRUSTEE IN BANKRUPTCY. Joinder of claims by . TRUSTEE RELIEF ACTS : — The Settled Land Act, the County , Courts Act, 1867, s. 24. Affidavit under 30 & 31 Vict. c. 142, 8.24 All parties may apply Costsof payment of money into Court to be taxed .... Deposit of security Facts may be supported by affidavit Judge may direct Inquiries - . Memorandum of. filing affidavit to be indorsed . Memorandum of, certificate of, may be given Order for service of notice of appli- cation on trustee .... Order on a petition, &c. to be drawn up by Registrar .... Payment of money into post office savings bank under section 24, 30&31 Vict. c. 142. Payment to infant on coming of age Petition may be filed by person in- terested in funds in Court or occasion require, the trustee . Probate of will, &c, or such evidence as Registrar may require, to be left with him . Proceedings by petition . Registrar to issue notice of day of hearing of petition . Rights of all parties to be declared Service of petition and notices . Statement in affidavit to be com- pared with evidence of trust . Transfer of stock ... Trustees may be ordered to pay costs. .... Trustee, when neednot appear . Trustee, where facts stated in affi- davit filed by ..... Where prolixity or irrelevant matter Where trustee to be served with copy of petition .... TRUSTEES. Executors and others may sue or be sued without joining parties bene- ficially interested .... May be ordered to pay costs TRUST FUNDS. Investment of . . Older. Rule. XXXI. XV. xxn. XII. 1 6 19 12-15 XVI. IV. xvni. 20,21 7 12 xxn. XVIII. XXI. xxn. 17 10 11 u. xv. XIV. XXII. IV. xxxvm. xxxvni. 'm. xxxvm. 18 5 15 2 10 17-21 4 5 12 14 15 28 11 1 2 26 13 16 24 27 25 29 Order. Rule. UMPIRE. Proceedings in application for ap- pointment of a referee or XL. 7 UNDERTAKING. By Defendant applying for stay of proceedings vm. 2 -By next friend of infant for costs . V. 11 By next friend of married woman . ,i 12 By party for expenses in Admiralty XXXTX. 2 By solicitor to be responsible for UNKNOWN. Defendant, proceedings on discovery in Admiralty action Heir-at-law, next-of-kin, or a class, how represented .... UNSTAMPED. Or insufficiently stamped instrument V. XVIII. XVII. 6 7 XXIV. 17 » - 18 in. XXXIX. 29-31 32-34 XXXVIII. Vol. 55. — Obdeks and Eules, VACANT POSSESSION. Service of summons in ease of . . VII. VAEIATION. Of order by persons not under dis- ability XVII. Of order by persons under disability Or confirmation of Registrar's cer- tificate Of confirmation of Registrar's certi- ficate where no application to vary VESSEL. Interpretation of word Execution against .... Transfer of sale VEXATIOUS. Where 'interrogatories have been exhibited vexatious] y . . . XVI. VIVA VOCE. Examination, further answer may be taken by XVI. VESTING STOCK. Investment in names of treasurer and Registrar; dividends to be re-invested •■•.... XXXVII. w. WAGES. Actions may be brought by infants for V. WARRANT BOOK. . Every warrant and order of com- ' ■ mittal to be entered in . IT. WARRANT OP ARREST (IN AD- MIRALTY ACTION). For arrest of vessel .... XXXIX. In aotion in rem when, not to be served „ May be executed on a Sunday . . LI. Service of XXXLX. Service of, how effected ... „ To be returned „ _ When, may be executed . . . „ ~ When, may issue Where vessel seized under. . . „ WARRANT OP ATTACHMENT. Application to attach for breach of orders XXV. Discharge of person in custody by Court only „ Discharge of person in custody by ' Registrar ,, Disobedience to order . . . „ Order of Judge for . . . „ WARRANT OP DELIVERY. Separate warrants may be issued . XXV. Upon application Judge or Registrar may order, to issue ... „ 2S 27 17 9 8 5 20 12 13,14 30 11 10 29,32 40 43 44 41 42 51 50 322 SUPREME COURT OF JUDICATURE. [Law J. WARRANT OF EXECUTION AGAINST THE GOODS. Against a firm Applicant for, to produce plaint note, or summons . ' . . . Concurrent warrants Costs of warrants .... Date of Entry of, in proper book . . , Entry to be made of, to be executed in foreign district .... Execution and entries of . High, bailiff to give notice of . Indorsement on Non-execution of, in foreign district On default under section 5, 28 & 29 Vict.o. 99 ..... Registrar on issuing, to- deliver no- tice to bailiff ; bailiff upon levying to deliver notice to party To be lodged in Court upon issue of judgment summons Transmission of proceeds of, levied in foreign districts .... When leave required to issue . When granted to be expressed on . Where default made in payment of the whole amount, or of an in- stalment Where default of .payment to Assis- tant Paymaster-General Where high bailiff directed to detain and preserve goods .... Where no payment made within two years, warrant not to issue without leave Where not executed within a month WARRANT OF POSSESSION. Execution may be issued for costs against Plaintiff Under 30 & 31 Yict. c. 142. s. 11 . Not to issue till disobedience to order proved -. % Recovery of land may be enforced by Service of Separate warrants may be issued for possession and costs . . - . When execution may issue on judg- ments under 30 & 31 Tict. c. 142. s. 11 WASTE OF ASSETS. Judgment where wastecharged Party suing an executor or adminis- trator may charge in summons that Defendant has WIFE. Husband or, claims by or against, may be joined . 6 , 12 L. 9 XXV. 4 n. 30 xxvm. 1 XXV. 30 n. 11 XXV. 11 n. 34 Order. Rule, . Order. Rule, WIFE— continued Improper joinder nr omission of . XIV. 9 XXV. 8 WINDING-UP OF COMPANIES AND SOCIETIES. General Orders, Rules, &c, of Chan- cery Division of High Court to be used XLH. — WITHDRAWAL. On notice of receiving order in bank- ruptcy ...... IL 33 WITNESS. Affidavit of, may be used on giving notice XVHI. 10 Any party may apply for directions for XV. 1 Conduct of, report by examiner of . XVIII. 26 Costs of, may be allowed whether examined or not L. 16, 18 Depositions howjsaken . . . XVIII. 21 Depositions when to be given in evidence ,...*.. „ 27 Disobedience to order to attend ex- aminer „ 17 Evidence of, to be taken orally on oath „ 3 Examination by Registrar of, on taking accounts, &c. . . . XXIV. 1 Examination in presence of parties, &c XVIII. 20 Examination of, before trial » 14 Expenses of, before an examiner, same as at trial .... XVUl. 18 Expenses of, may be allowed, whether summoned or not .... XXV. 22 Failure of, to comply with subpoena XVHZ 22 Failure of, to produce documents „ 4 May be summoned to prove means . XXV. 22 Name of, to be entered in Book H. . „ 23 Objection of, to answer, may be XXV. 48 ordered to pay costs . . . XVHI. 22-24 Officer of Court; or examiner,- may „ 49 administer oaths M 28 „ 45 Out of jurisdiction of Court „ 15 „ 49 Refusing to be sworn ~ ; „ 22 Scientific, allowance to ... L. 18 XXXVII. 47 Seamen, compensation to . „ 17 Summons to, bow issued and served XVIII. 1, 2 Time of service of summons on . „ 2 „ 46 To produce documents before ex- aminer „ 16 XXX. 4 When, does not produce documents . „ 4. WITNESSES, ALLOWANCE TO.' n Not being Plaintiffs .... page 270 » a Who are Plaintiffs .... „ 270 WRITTEN INTERROGATORIES. - IV. 4 Either party may by leave deliver . XVI, 1 xxvni. XXV. s 9 10 „ 7 xxxvn. 5, 6 n. 36, 37 XXV. ii. 6 30 Vol. 55.] ORDEBS AND EULES. 323 COURT FEES, TREASURY ORDER REGULATING, 1886. In pursuance of the powers given by The County Courts Acts, and of all other powers enabling us in this behalf, we, the under- signed, two of the Commissioners of Her Majesty's Treasury, whose names are here- unto subscribed, do hereby, with the consent of the Lord Chancellor, order that, on and after the twenty-eighth day of April, 1886, the several fees, or sums in the name of fees, specified in the Schedules hereunder written shall be taken on the proceedings therein mentioned, in lieu of all other fees for the proceedings set forth ; and that the fees so authorised to be taken, with the exception of the fees mentioned in Schedule (B.), shall be received by the Registrars of the different County Courts, and shall be accounted for and paid over by them to the Treasurers of their respective Courts, or where there is no Treasurer the Superintendent of County Courts,, and that the fees set forth in Schedule (B.) shall be received by the Registrars for the use of themselves and the. high bailiffs, according as the duties are to be performed by the Registrars or high bailiffs. E. J. BEED. CYRIL FLOWER. 12 February, 1886. I approve of the annexed Schedules of Fees. HERSCHELL, C. \_A11 Order or Rule referred to in the following SeJiedules shall mean t/ie Order or Mule so numbered in tlie County Court Utiles, 1886.] SCHEDULE (A.) For every plaint, counter-claim or petition, one shilling in the pound. Where the claim or demand exceeds forty shillings, and an ordinary * summons is to be _ served by bailifE, an additional fee of one shilling. Where in any case the number of defendants shall exceed three, an additional fee of one shilling ior each defendant above three. No fee shall be payable on any application for a new trial, or to set aside proceedings, br for a summons in an interpleader. For entering judgment by consent under sec- tions 8 or 9 of " The County Courts Act, 1850," or under a default summons, one shilling in the pound on the amount claimed in the summons. For every hearing, two shillings in the pound. To be charged once only hi an action, unless a new trial ordered. In all cases where, the defendant shall either personally, or by his solicitor or agent, admit the claim, one half of the fee paid by the plaintiff for the hearing of the plaint shall be returned to the plaintiff by the Kegistrar of the Court, although the Court may have been required to decide upon the terms and con- ditions upon which the claim is to be paid. An additional hearing fee shall be taken for every new trial. The heating fee on interpleader shall not be prepaid, but shall be estimated on the amount of the money or the value of the goods claimed/which value, in case- of dispute, shall be assessed by the Judge, who, at the hearing, shall direct by whom and when and how such ■ fee shall be paid. * This fee is not to be taken where a default summons is issued. No fee shall be payable for hearing any appli- cation for a new trial, or to set aside pro- ceedings. For issuing every warrant, eighteenpence in the pound. For every judgment summons under the Debtors Act, 1869, threepence in the pound on so much of the amount of the original demand as, in obedience to the order of the Court, should have been paid at the time of the issue of the summons. Where such last-mentioned amount does not exceed twenty shillings, an additional fee of sixpence ; and where such amount does exceed twenty shillings, an additional fee of one . shilling. For every hearing of the matters mentioned in such judgment summons, sixpence in the pound on the amount upon which the fee on the summons is calculated. For issuing' every order of commitment, eighteen- pence in the pound on the amount upon which the fee on the summons is calculated. All poundage, except where otherwise herein specified, shall be estimated upon the amount or value of the subject-matter of the pro- ceeding upon which it is payable, except where the said amount or value exceeds twenty pounds, when the poundage shall be estimated on twenty pounds only. In plaints under sections 11 and 12 of "The County Courts Act, 1867," poundage shall be estimated as upon a claim for a sum of twenty pounds. In replevins all poundage, except as aforesaid, ' shall be estimated on the amount of the alleged rent or damage to be fixed by the Eegistrar. In plaints for the recovery of tenements when the term has expired or been determined by 324 SUPREME COURT OF JUDICATURE. [Law J. notice, all poundage,.except as aforesaid, shall be estimated on the amount of the weekly, monthly^ quarterly, half-yearly, or yearly rent of the tenement, as such tenement shall have been let by the week or by the month, or for any longer period ; and if no rent shall have been reserved, then on the amount of the half-yearly value of the tenement, to be fixed by the Registrar. Where a claim for rent' or mesne profits, or both, is added to a plaint for the recovery of a tene- ment, an additional poundage shall be taken on the amount or amounts so claimed, but where thereby the total amount on which poundage would be taken shall exceed twenty pounds, the poundage shall be estimated on twenty pounds only. In plaints for the recovery of tenements for non-payment of rent, all poundage, except as aforesaid, shall be estimated on the amount of the half-yearly rent of the tenement. In proceedings under " The Merchant Shipping Act, 1854," " The Literary and Scientific In- stitutions Act, 1854," and "The Metropolitan Buildings Act, 1855," the poundage shall be estimated upon the amount in dispute, and if no amount is in dispute, or if the amount in dispute is not ascertained, then as upon a claim for a sum of twenty pounds. In proceedings under " The Succession Duty Act, 1863," the poundage shall be estimated upon the amount in dispute. In proceedings under "The Friendly Societies ' Act, 1875," or under any Act giving the Court jurisdiction in any matter, such other Act not being a County Courts Act, the poundage shall be estimated upon the amount in dispute. In every case where the poundage cannot be estimated by any rule in this schedule, it shall be estimated on twenty pounds. All fractions of a pound, for the purpose of calculating poundage, shall be treated as an entire pound. No increase of fees shall be made by reason of there being more than one plaintiff or defen- dant, except as before directed, where the number of defendants exceeds three. For every sitting under the " Ballot £ Act, 1872 " 2 For taking the acknowledgment of aTnarried woman, where only one . And 10*. for every additional woman. For a warrant to replevy . For a replevin bond or deposit, where the alleged rent or damage does not exceed 20?. ..... For a replevin bond, where the alleged rent or damage exceeds 201. . 1 For notice to distrainor . . . For every subpoena to be served by a bailiff in a home district ; if served within two miles of court house . For every mile beyond two . . but the total fee to be taken is in no case to exceed 3s. For every subpoena to be served by a bailiff in a foreign district . For every sitting under the Agricul- tural Holdings (England) Acts For every petition presented to a Court under the Industrial and Provident Societies Act, 1876 For every order for winding-up under the last-mentioned Act . For every sitting to take evidence under the Companies Act, 1862 For every sitting before the Judge under the Companies Act, 1867 A. 10 2 6 10 6 3 10 10 10 2 10 SCHEDULE (B.) Past I. — General. Registrar's Fees. For making a return of certiorari for costs out of pocket 15 Filing affidavit on issue of duplicate plaint note 6 Higli Bailiff's Fees. For keeping possession of goods till sale on any process, per day (including expenses of removal, storage of goods, and all other expenses), not exceeding five days, sixpence in the pound on the value of the goods seized, to be fixed by appraisement in case of dispute. Part II. Fees where the Court exercises Jurisdiction under the County Courts Act, 1867, the County Courts Act, 1875, the Supreme Court of Judicature Act, 1873, the Stannary Court Acts, the Borough and Local Courts op Record Act, or the Agricultural Holdings (England) Acts. Registrar's Fees. For examining, allowing, and filing every affidavit of debt or of substituted service under section 1 of the County Courts Act, 1875, where the claim does not exceed 40s. For the like, where the claim exceeds 4Qs For entering writ under sections 7 or 10 of the County Courts Act, 1867, and sending notice to parties of day of trial, &c Taxing costs in actions under sections 7 and 10 of the County Courts Act, 1867 . On entry of plaint under sections 11 and 12 of the County Courts Act, 1867 Where the plaint has not been entered under section 12, and the Judge shall cer- tify that the Court has exercised jurisdiction under that section, the above fee of 11. Is. shall be paid. * £ s. d. 1 2 1 1 6 1 1 Vol. 55.] ORDERS AND RULES. 325 £ >. d. 10 6 10 6 2 6 4 15 Schedule (B.) Part II.— oont. On every order for a new trial in actions commenced under sections 11 and 12 of the County Courts Act, 1867 Taxingoosts under either of the said last-mentioned sections. 11 and 12, or under the Agricultural Holdings (England) Acts . . For sealing every warrant, order of commitment, precept, or writ issued from, or on a judgment of a Court other than a County Court, 6d. in the pound on the amount for which it issues {so t/tat the total fee does not exceed 10s.). For issuing a judgment summons upon a judgment of a Court other than a County Court For drawing up, sealing, and issuing every order under the following rules or any of them : — Order XII., Rules 2, 3, 8, and 11 .... Order XIII., Rule 1 Order XIV., Rule 12 Order XV., Rule 3 Order XL., Rule 7 . Order LI., Rules 11 and 12 For drawing, sealing, and issuing every special judgment or order, where Court exer- cises jurisdiction under the Supreme Court of Judicature Act, 1873, or under Order XL. For every sitting under — Order XII., Rule 4 Order XVIII., Rules 15 and 21 . Order XXIII., Rule 12 Order XXIV, Rule 2 . Where the sitting is longer than one hour, for every additional hour or part of an hour For every notice, receipt or summons under — ' Order III., Rule 251 ..-.-• Order X., Rule 4 Order XVI., Rule 21 . Order XXII., Rule 14 Order XXV., Rules 40, 41 Orders XXI. and XL. ■. For every application under -Order XXV., Rule 44 ... ... For copies of every proceeding or dooument under Order LII., Rule 7, at per folio For every bond with sureties High Bailiff's Fees. For every default summons where not served by a solicitor ...... For service of every judgment summons issued upon a judgment of a Court other than a County Court For executing every warrant, order of commitment, precept, or writ issued from, or on a judgment of, a Court other than a County Court, Is. in the pound on the amount for whichitissues, so that the total fee does not exceed 20s,; and for keeping possession, appraisement; and sale the same allowances as under a warrant of execution by a County Court. For delivering the goods on completion of a replevin bond . . . . . together with 6d. a mile from the Court house to the place where the goods are. Part III. Fees where the Court exercises Jurisdiction under the County Courts Act, 1S65, or SECTIONS 9, 24, 25, 26, AND 27 OP THE COUNTY COURTS ACT, 1867, SECTION 12 OP THE PARTI- TION Act, 1868, or the Supreme Court op Judicature Act, 1884. 2 6 10 4 5 1 5 1 1 Where the Subject Matter of the Action or Matter Does not exceed 1001. Exceeds 1001. Registrar's Fees. For duties to be performed under Order XXXVIII., to be charged once only in the matter . . - . On transfer of proceedings from the Chancery Division of the High Court of Justice, or of interpleader proceedings under the Supreme Court of Judicature Act, 1884; for perusing and filing papers, application to Judge, drawing directions to proceed, and notice to parties . For attesting admission of defendant and tiling, Order IX., Rule 4 -. £ s. d. 10 1 1 3 6 £ s. d. 15 1 1 5 326 SUPREME COURT OP JUDICATURE. Schedule (B.) Part Ill.—oont. [LAW J. Where the Subject Matter of the Aotlon or Matter Does not exceed 1002. Exceeds 1002. For filing statement of defendant, or notice by plaintiff for dismissal of action, Order IX., Eules 1, 4 For settling draft order on an ex parte application, and the order as made, Order XII., Rules 7, 8 . . Drawing and filing order of transfer, under Order XXXIII., Rule 5, and transmitting order and papers For drawing, filing, and sealing every special order or judgment in any action or matter (other than orders obtained ex parte under Order XII.), and every final order, including copy for service For every order for further directions under Order XXIV., Rule 19 . For filing or recording every order by Judge for adjournment . For drawing advertisements and inserting For every sitting on which the Registrar is employed in taking accounts, making inquiries, or acting as a special examiner under Order XXIV., Rule I, or Order XVIII., Rules 16 and 21 Where the sitting is longer than one hour, then for every additional hour or part thereof Where the Registrar is required to attend elsewhere than at the Court or office (in addition to the above) Mileage one way, each mile For certificate under Order XXIV., Rule 15 For making and transmitting note of order under Order XXXVI., Rule 2 . For every inspection of certificate, Order XXIV., Rule 16 . For filing and sealing every affidavit, or other document not being a docu- ment annexed to an affidavit For every application for a search and searching For issuing every warrant For giving every notice required by any order, except as hereafter mentioned Where the notices are given under Order III., Rule 25 For every office copy, per folio . ' For every taxatidn of costs under any of the above Acts, or under the Em- ployers' Liability Act, 1880 For auditing Receiver's accounts where sum in the account does not exceed 1001. . - For every additional 50Z., or fraction thereof For every bond with sureties . _ For every summons under Order XXIV., Rule 2 High Bailiff's Fees. For service, within home district, of every summons, petition, notice or order — If within two miles of Court house If beyond two miles, then for every additional mile, or part of a mile For service of'every summons, petition, notice, or order, in a foreign dis- trict, each defendant to be served '. Where service is ordered to be personal, then an additional fee of . For the execution of each warrant within home district .... With an allowance of mileage, double the amount of the allowance on summonses. For execution of each warrant in a foreign district ..... Keeping possession, for each day the man is actually in possession . Ss. Sd. of the above sum is to be paid to the man in possession, and his receipt produced to the Registrar. Superintending sale, whether by auotion or private contraot, making out account, and paying money into Court, 21. per cent, on first 501. so paid, and 11. per cent, on all afterwards. 10 10 10 ,0 5 10 7 10 6 15 15 10 7 5 5 2 6 2 6 5 7 1 1 6 i 6 6 6 C 6 10 8 '5 10 15 7 N.B. — Where the amount or value of the subject-matter of the action or matter is not disclosed by the plaint or petition it shall be taken not to exceed 100?., and the fees charged accordingly. If, however, the Judge shall subsequently certify that the amount or value of the subject- matt or does exceed 1001. the difference between the fees up to that time taken and those that would Tiavn hfien taken had it exceeded 1001. may then be taken. Vol. 55.] ORDERS AND EULES. 327 Schedule (B). — oont. Part IV. Winding up under the Companies Act, 1867, and the Industrial and Provident Societies Act, 1876, and the Building Societies Act, 1874. Registrar's Fees. £ s. d. For every summons 030 For every order 050 For every office copy of order ; 050 For every advertisement 100 For every certificate 050 For filing every affidavit or statement on affirmation, declaration, or attestation upon honour 016 For every sitting by the registrar 10 When the sitting is longer than an hour, then for every additional hour or part thereof . 10 For taxation of bill of costs 10 Sigh Bailiff's Fees. Same fees for service and execution as in Part III. Protection of Property of deserted Married "Women. 20 & 21 Vict. c. 85. s. 21. Registrar's Fee. For sealing every order brought to a Registrar, and entering same, and transmitting a sealed copy of the entry to the Registrar of the County Courts' judgments . . .050 Part V. Fees where the Court exercises Jurisdiction under the County Courts Admiralty Jurisdiction Acts, 1868 and 1869. each Registrar's Fees. On every warrant of arrest of a vessel release bail bond . affidavit of justification subpoena notice of hearing Summons for the attendance of assessor at the hearing of any action For every order of transfer . Where a special Court is to be held for the trial of the action .... Where the Court is to sit for the hearing or part hearing of an action beyond three miles from Registrar's office, then in addition Mileage one way from office to place of sitting, for each mile When the Registrar cannot return the same night For drawing final judgment For filing an affidavit or other document, not being a document annexed to an affidavit For every office copy of a document in the English language . per folio For office copies of papers in a foreign language, or of shorthand writers' or reporters' notes, or of abstracts or translations made in the office, in addition to the above fees, the charges of the copyist, shorthand writer, reporter or translator On a receipt for mpney or for papers (only one fee to he taken, however many may he the papers delivered m at one time) . . . Poundage on moneys paid out of the office in any action for every 501. or frac- tion thereof v . From a person who is not a party in the action, nor his solicitor, nor the clerk of the solicitor, on examining the Court books in respect of any action For every summons of commitment For every warrant against the body or goods or order of sale of vessel . Wljere the amount olaimed Does not exceed 1002. Exceeds 1002. s. d. s. d. 5 7 6 5 7 6 5 7 6 2 6 2 6 2 3 1 6 2 6 1 6 2 6 10 15 25 35 15 15 6 6 21 21 10 15 1 1 i i 1 5 1 3 5 1 5 1 5 7 6 328 SUPEEME COUET OF JUDICATUEE. [Law J. Schedule (B.) Part V.—eont. Where the amount claimed Does not exceed 1 100*. Exceeds 1002. On examining' the documents in any action in which no proceedings are pend- ing, and which has been terminated within the last two years . . . Ditto ditto, if beyond that period For every sitting in which the Registrar is employed as an examiner where the amount claimed exceeds 201. "When the sitting is longer than one hour, then for every additional hour or part of an hour . .... . . . . Where the Kegistrar shall be required to attend elsewhere than at the Court or office (in addition to the above) Mileage one way from the office to the place of examination, for each mile For taxation of costs High Bailiff's Fees. For service of summons or subpoena, if served within three miles of Registrar's office If served beyond three miles of Registrar's office, reasonable expenses for travelling and maintenance . . Attendance at a special Court if required by Judge For execution of a warrant of arrest of a vessel or property .... For keeping possession of a vessel or property to include the cost of a vessel- keeper, if required per day If execution had at a greater distance than three miles from Registrar's office, reasonable expenses for travelling and maintenance . . . For sale of vessel or property, including inventory, for every 50Z. or fraction thereof For service of summons of commitment Execution of warrant against body or goods Conveyance to gaol per mile d. 6 6 7 s. d. 2 6 3 6 10 7 20 6 6 5 7 7 15 15 20 5 10 10 4 8 20 30 1 1 N.B. — Where the amounfor value of the subject matter of the action, is not disclosed by the plaint it shall be taken not to exceed 100Z., and the fees charged accordingly. If, however, the Judge shall subsequently certify that the amount or value .of the subject matter does exceed lOOi. the difference betweenthe fees up to that time taken and. those that would have been taken had it exceeded 100Z. may then be taken. Part VI. Registrar's Fees. Taxing every account under section 4 of the Parliamentary Elections (Returning Officers) Act, 1875, where the amount of the account to be taxed does not exceed 50Z. Where such amount exceeds 50Z., for every 50Z. or fractional part of 50Z. an additional fee of Grant of a certificate of a judgment under Inferior Courts Judgment Extension Act, 1882 Presentation of such last-mentioned certificate for registration Sealing and issuing duplicate of such certificate ; *. d. 10 10 2 6 2 6 1 LAW JOUENAL EEPOETS, 1886. SUPREME COURT OP JUDICATURE. BANKRUPTCY EULES, 1886. GENERAL -RULES MADE PUBSUANT TO THE BANKRUPTCY ACT, 1883. Note. — These Rules will be incorporated in the Consolidated Bankruptcy Rules, 1886, coming into operation on the same day. CONTENTS. PAGE I. — Preliminary 330 II.— Court Procedure . . . .330 Transfer of proceedings . . . 330 Proceedings commenced in wrong Court .331 Transfer of jurisdiction of County Court. Pending business . . 331 ,111. — Appropriation of Pay and Pensions 331 IV.— Commitments and Arrest . . 331 Committal 331 Committal of Contumacious Debtor or Witness 331 V.— Service of Process . . . .331 Duties of High Bailiff . . .331 VI.— Costs 332 Generally 332 Taxation generally .... 332 Review of Taxation .... 332 VII.— Costs payable out of Estate . . 333 Priority 333 Disallowance of Costs of unneces- sary Petition 333 Apportionment of costs in case of Partnership 333 VIII. — Lunatics 334 IX. — Bankruptcy Petition . . . 334 Description and Address of Debtor . 334 Deposit 334 Hearing of Petition. . . . 334 X. — Eeceiving Orders . . . .335 Form 336 Interim Eeceiver . . . .335 Vol. 56.— Obdebs and Rules. PAGE 335 335 336 336 336 XI. — Public Examination of Debtor Time for holding ... Default by Debtor in attending Notice of Examination . Adjournments sine die Proceedings after Adjournment sine die XH. — Adjudication 336 Adjudication on failure of Composi tion or Scheme .... Annulment of Adjudication . XIII. — Compositions and Schemes of Arrangement Application for Approval . Terms of Resolution. Deposit by Debtor to cover Costs Fee on Application . Security by Trustee under Scheme Proof of Debts in Compositions _ Compositions and Schemes under section 23- 338 XIV.— Filing Statement of Affairs . . 338 Extension of Time .... 338 XV.— Proof of Debts . . . .338 Proofs for Wages . . . .338 Production of Bills of Exchange &c. 338 Time for lodging Proofs . . .338 Procedure for dealing with Proofs . 338 Costs of Appeals as to Decisions as to Proofs 339 XVI.— Dividends 339 Notice of Dividend 339 2 T 336 336 336 336 336 337 337 337 337 338 330 SUPREME COUET OP JUDICATURE. [LAW J. PAGE XVII.— Discharge 339 Application 339 Report of Official Receiver . . 339 Conditional Orders under sub-section 6 of section 28 . . . .340 Form of Order of Discharge . . 340 XVIII.— Proxies 340 Filling in when Creditor incapable, &c. ...... 340 XIX.— Meetings of Creditors . . .340 Adjournment 340 Quorum 340 XX. — Joint and Separate Estates . .340 First Meeting. Composition, &c. . 340 Adjudication. Trustee . . . 340 Separate Firms 340 Apportionment of Remuneration . 341 XXI. — Summary Administrations in small Bankruptcies 341 Advertisements, &c 341 Meetings of Creditors, Composition, &c 341 XXII. — Administration Orders in the case n of Deceased Debtors (s. 125) . 342 Gazetting and Proceedings gener- ally 342 Duties of Executor, &c. . . . 342 XXIII.— Accounts and Audit . . .342 Time for sending Accounts . . 342 XXIV. — Trustees and Committee of In- spection. Appointment . Release . Dealings with Estates Discharge of Costs before Estate handed over to Trustee. Remuneration . XXV. — Official Receivers Applications to the Court. Trading Account of Debtor Liability for Costs, Expenses, and Damages XXVI.— Bank Payments . Local Banking Account XXVII. — Special Manager Accounts . XXVIIL— Rules under section 103 Receiving Order on Judgment Debt- or Summonses XXIX. — Auctioneers, &c. Expenses of Sales . XXX. — Allowance to Debtor Allowance in Money. XXXI.— Gazetting . APPENDIX OF FORMS . . . .34:5 PASS 342 342 343 343 343 343 343 343 344 344 344 344 344 344 344 344 345 345 345 345 345 345 •I. — Preliminary. 1. These Rules may be cited as " The Bank- ruptcy Rules, July, 1886." They shall come into operation on the 24th day of October, 1886. 2. In these Rules, and in the Bankruptcy Rules, 1883, unless the context otherwise requires, the following expressions shall have the meanings hereby severally assigned to them, namely : — " Judge of the High Court " shall mean the Judge to whom bankruptcy business is for the time being assigned. " Trustee " shall include the trustee under a composition or scheme, under which a trustee is appointed to administer a debtor's property, or manage his business. " Taxing Officer " shall mean and include the officer of the Court whose duty it is to tax costs in bankruptcy proceedings. II. — Court Procedure. Transfer of Proceedings. Rules 16, 17, and 18 of the Bankruptcy Rules,- 1888, are hereby annulled, and the following Rules are substituted therefor : — 3. The Judge of the High Court may at any time, for good cause shewn, order the proceedings in any matter under the Act to be transferred from a County Court to the High Court, or from the High Court to a County Court. 4. The Judge of any County Court, having jurisdiction in bankruptcy, may, at any time, for good cause shewn, order the proceedings in any matter under the Act, which have been commenced or are pending in his Court, to be transferred to any other County Court. 5. "When an order of transfer has been made by any Court, the Registrar of such Court shall send by post a sealed copy of the order of transfer to the Court affected by the order. 6. Where the proceedings in any matter are transferred by any Court, the Official Receiver of the Court to which such proceed- ings are transferred shall become the Official Receiver of the debtor's estate in place of the Official Receiver of the Court from which the proceedings are transferred. 7. An order to transfer shall be in the Form No. 1 in the Appendix of these Rules, with such variations as the case may require. 8. Where the proceedings in any matter are transferred from a Court to any other Vol. 55.] ORDERS AND RULES. 331 Court, the Eegistrar of the first Court shall send by post the records of proceedings trans- ferred to the Eegistrar of the Court to which the transfer is made. 9. The Eegistrar of the Court to which proceedings are transferred shall give notice of the transfer in the Form No. 2 in the Ap- pendix to these Rules to the Official Receiver of the same Court, and to the Board of Trade, as soon as he shall receive the records of pro- ceedings from the Eegistrar of the Court from which the transfer is made. Proceedings commenced in wrong Court. 10. When any bankruptcy proceeding has been commenced in a Court in which it should not have been commenced, the Judge of that Court or of the High Court may order that the proceeding shall be transferred to the Court in which the same should have been commenced, or that it be continued in the Court in which it was commenced ; but, unless and until a transfer is made under these rules, the proceeding shall continue in the Court in which it was commenced. Transfer of Jurisdiction of Court : pending 11. Whenever the Lord Chancellor, by order under his hand, shall exclude any County Court from having jurisdiction in bankruptcy, or shall attach the district or any part of the district of a County Court to the High Court, or any other County Court, or shall detach the district or any part of the district of any County Court from the district and jurisdiction of the High Court, any bankruptcy business pending in the Court or- district to which the order relates shall become trans- ferred to such Court as shall be mentioned . for the purpose in the order, and thereupon the rules as to transfer of proceedings shall apply to the transfer of such pending pro- ceedings in all respects as if the proceedings had been transferred, by order of a Court having power to transfer proceediags. III.— Appropriation of Pay and Pensions. 12. Eule 73 of the Bankruptcy Rules, 1883, shall be read with the words at the end thereof, "for the purpose of his counter- signature to the order being written thereon," omitted therefrom. IV. — Commitment and Arrest. Committal. 13. Eule 78 of the Bankruptcy Rules, 1883, is hereby annulled, and the following Eule is substituted therefor : — Subject to the provisions of the Act and Rules, upon the filing of an application to commit, the Registrar shall fix a time and place for the Court to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than three days before the day fixed for the hearing of the application. Provided that in any case in which the Court may think' fit, the Court may allow substituted service of the notice by advertisement or otherwise, or shorten the length of notice to be given. 14. Where an order of committal is made against a debtor or against a trustee, for dis- obeying any order of the Court, or of the Board of Trade, or of the Official Receiver, to do some particular act or thing, the Court may direct that the order of committal shall not be issued, provided that the debtor or trustee, as the case may be, complies with the previous order within a specified, time. Committal of Contumacious Debtor or Witness. 15.- — (1.) If a debtor or witness, examined before a Registrar refuses to answer to the satisfaction of the Registrar any question which he may allow to be put, the Registrar shall report such refusal in a summary -way to the -Judge, and, upon such report being ' made, the debtor or witness in default shall be in the same position and be dealt with in the same manner as if he had made default in answering before the Judge. (2.) The report of the Registrar shall be in writing, but without affidavit, and shall set forth the question put, and the answer (if any) given by the debtor or witness. (3.) The Registrar shall, before the conclu- sion of the examination at which the default in answering is made, name the time when and the place where the default will be re- ported to the Judge ; and upon receiving the report the Judge may take such action there- on as he shall think fit. If the Judge is sitting at the time when the default in an- swering is made, such default may be reported immediately. (4.) The report of the Registrar may be in the Form No. 30 in the Appendix to these Rules. V.— Service of Process. Duties of High Bailiff. .16. The second paragraph of Rule 81 of the Bankruptcy Rules, 1883, is hereby an- nulled, and the following is substituted there- for : — But this rule shall not be construed to re- quire any order, summons, petition, or notice to be served by a bailiff or officer of the Court, which is not specially by the Act or Rules required to be so served, unless the Court 332 SUPREME COURT OE JUDICATURE. [Law J. shall in any particular proceeding, by order speoially so direct. VI. — Costs. Generally. 17. Rule 100 of the Bankruptcy Rules* 1883, is hereby annulled, and the following Rule is substituted therefor : — Subject to these rules, all costs relating to proceedings in Court shall be in the discre- tion of the Court, and shall be paid by such persons as the Court shall order : Provided, that, where any issue is tried by a jury, the costs shall follow the event, unless, upon ap- plication made at the trial, for good oause shewn, the Judge before whom such issue is tried shall otherwise order. Taxation generally. 18. Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer, broker, or other person employed by an Offi- cial Receiver or trustee, the Taxing Officer shall require a certificate in writing, signed by the Official "Receiver or trustee, as the case may be, to be produced to him, setting forth whether any, and if so what special terms of remuneration have been agreed to, and in the case of the bill of costs of a soli- citor, a copy of the resolution or other autho- rity sanctioning the employment. 19. In any case in which, pursuant to sec- tion 46 (1) of the Act, a sheriff is required to deliver goods to an Official Receiver or trustee, such sheriff shall, without delay, bring in his bill of costs for taxation, which shall be taxed by the Taxing Officer of the Court having jurisdiction in the "bankruptcy ; and unless such bill of costs is brought in for taxation within one month from the date when the sheriff makes such delivery, the Official Receiver or trustee may decline to pay the same. 20. If the Official Receiver or trustee shall, in writing, require any costs which a sheriff has deducted under section 46 (2) of the Act td be taxed, the sheriff shall, within seven days from the date of the request, bring in such, costs for taxation, which shall be taxed by the Taxing Officer of the Court having jurisdiction in the bankruptcy ; and any amount disallowed on such taxation shall forthwith be paid over by the sheriff to the Official Receiver or trustee as the case may require. 21. Every person whose bill or charges is or are to be taxed shall in all cases give not less, than seven days' notice of the appoint- ment to tax the same to the Official Receiver and to the trustee (if any); 22. The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the .Official Receiver, and if inourred after the appointment of a trustee, shall be, lodged with the trustee, three clear days before the application for the appointment to tax the same is made. The Official Receiver or the trustee, as the case may be, shall forth- with, on receiving notice of taxation, lodge such bill or charges with the proper Taxing Officer. 23. Every person whose bill or charges is or are to be taxed shall, on application either of the Official Receiver or the trustee, furnish a copy of his bill or charges so to be taxed, on payment at the rate of 4d. per folio of seventy-two words, which payment may be charged to the estate. The Official Receiver shall call the attention of the trustee to any items which, in his opinion, ought to be dis- allowed or reduced. 24. Every solicitor's bill of costs and charges payable out of the estate of a debtor shall distinguish, by insertion in separate columns, costs out of pocket from charges for work done and time expended. 25. Where any party to, or person affected by any proceeding desires to make an appli- cation for an order that he be allowed his Costs, or any part of them, incident to such proceeding, and such application is not made at the time of the proceeding — (1.) Such party or person shall serve notice of his intended application on the Official Receiver, and, if a trustee has been appointed, on the trustee : (2.) The Official Receiver and trustee may appear on such application and - object thereto : (3.) No costs of or incident to such appli- cation shall be allowed to the applicant, unless the Court is satisfied that the applica- tion could not have been made at the time of the proceeding. jReview of Taxation. 26. Rule 104 of the . Bankruptcy Rules, 1883, is hereby annulled, and the following ■Rule is substituted therefor : — (1.) Where any bill of costs, charges, fees, or disbursements of any solicitor, manager, acoountant, auctioneer, broker, or other per- son has been taxed by a Registrar of a County Court, the Board of Trade may require the taxation to be reviewed by a Bankruptcy Taxing Master of the High Court. (2.) In any case in which the Board of Trade require suoh a review of taxation as is above mentioned- they shall give notice to the person whose bill has been taxed, and shall apply to the Taxing Master of the High Court to appoint a time for the review of such taxation, and thereupon the Taxing Vol. 55.] ORDERS AND RULES. 333 Master of the High Court shall appoint a time for the review of, and shall review, such taxation. The Board of Trade shall give to the person whose bill of costs is to be re- viewed notice of the time appointed for the review. (3.) "Where any such review of taxation as is above mentioned is required to be made by a Bankruptcy Taxing Master of the High Court, the Registrar of the County Court shall (if required by the Taxing Master) for- ward to the said Taxing Master the bill which is required to be reviewed, and also the file of the proceedings. (4.) The Board of Trade may appear upon the review of the taxation ; and if, upon the review of the taxation, the bill is allowed at a lower sura than the sum allowed by the Registrar of the County Court, the amount disallowed shall (if the bill has been paid) be repaid to the Official Receiver, or the trustee, or other person who may have originally paid the same. The certificate of the Taxing Master shall in every case of a review by him under this Rule be a sufficient authority to entitle the person to whom the amount disallowed ought to be repaid to demand such amount from the person liable to repay the same. (5.) There shall be allowed to the person whose bill is reviewed such costs of and incidental to his appearance on the review as the Bankruptcy Taxing Master of the High Court shall think proper, and such costs shall be paid to such person out of the estate : Provided that the costs of the attendance of a principal shall not be allowed if in the opinion of the Taxing Master he could have been sufficiently represented by his London agent. VII. — Costs payable out of the Estate. Priority. 27. Rule 105 of the Bankruptcy Rules, 1883, is hereby annulled, and the following Rule is substituted therefor : — The assets in every matter remaining, after payment of the actual expenses incurred in realising any of the assets of the debtor, shall, -subject to any order of the Court, be liable to the payment of the following costs and ex- penses, which shall be paid in the following order of priority, namely : — First. The actual expenses incurred by the Official Receiver in protecting the property or assets of the debtor, or any part thereof, and any ex- penses or outlay incurred by him or' by his authority in carrying on the business of the debtor : Next. The fees, per-centages, and charges payable under Table D. of the Scale of Fees ; and any other fees payable to, or costs, charges, and expenses incurred or authorised by, the Official Receiver : Next. The fee which, under the Scale of Fees for the time being in force, is required to be affixed to the copy of the Cash Book when forwarded for audit. „ The remuneration of the special manager (if any) : „ The taxed costs of the petitioner : „ The remuneration and charges of the person (if any) appointed to assist the debtor in the preparation of his statement of affairs : „ Any allowance made to the debtor by the Official Receiver : „ The taxed charges of any shorthand writer appointed by the Court : „ The trustee's necessary disburse- ments other than actual expenses of realisation heretofore provided for : „ The costs of any person properly employed by the trustee with the sanction of the committee of in- spection : „ Any allowance made to the debtor by the trustee with the sanction of the committee of inspection : „ The remuneration of the trustee : „ The actual out-of-pocket expenses necessarily incurred by the com- mittee of inspection, subject to the approval of the Board of Trade. Disallowance of Costs of unnecessary Petition. 28. In any case in which, after a bank- ruptcy petition has been presented by a creditor against a debtor, and before the hearing of such petition, the debtor files a petition, and a receiving order is made on " the petition of the debtor, unless in the opinion of the Court the estate has bene- fited thereby, or there are special circum- stances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate. Apportionment of Costs in case of Partnership. 29. In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint andseparate estates in such proportions as the Official Receiver may in his discretion determine. 30. Rule 107 of the Bankruptcy Rules, 334 SUPREME COURT OF JUDICATURE. [Law J. 1883, is hereby annulled, and the following rule is substituted therefor : — (1.) Where the joint estate of any co- debtors is insufficient to defray any costs or charges properly incurred prior to the ap- pointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate. (2.) "Where the joint estate of any co- debtors is insufficient to defray any costs or charges properly incurred after the appoint- ment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this rule shall be made out of a separate estate or joint estate by a trustee without the consent of the committee of inspection of the estate out of which the payment is intended to be made, or, if such committee withhold or refuse their consent, without an order of the Court. VIII. — Lunatics. 31. Where any debtor ' or creditor is a lunatic not so found by inquisition, the Court may appoint such person as it shall think fit to do any act' required by the Act or Rules to be done by such debtor or creditor. IX. — Bankruptcy Petition. Description and Address of Debtor. 32. — (1.) Where a petition is presented by a debtor he shall, besides inserting therein his name and description, and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or un- satisfied. (2.) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on busi- ness at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addi- tion to stating in the petition the description of the debtor, as of his then present address and description, shall, in the petition, describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred. 33. Rule 128 of the Bankruptcy Rules, 1883, shall be read with the following words added at 'the end of the first paragraph thereof : — " and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the proper officer of the Court." 34. The second paragraph of the said Rule is hereby annulled, and the following is sub- stituted therefor : — (2.) The Official Receiver shall account for the money so deposited to the creditor, or, as the case may be, to the debtor'B estate ; and any sum so deposited by a petitioning credi- tor shall be repaid to such creditor (except and so far as such deposit may be required by reason -of insufficiency of assets for the payment of the fees and of the expenses in- curred by the Official Receiver) out of the first net proceeds of the estate. Hea/ring of Petition. 35. On an application for an extension of time for the hearing of a petition, no order shall be made for an extension beyond 14 days from the day fixed for the hearing of the petition, unless the Court is satisfied that such extension of time will not be prejudicial to the general body of creditors. Any costs occasioned by such application shall not be allowed out of the estate unless so ordered by the Court. 36. After the expiration of one month from the day appointed for the first hearing of a petition (provided such petition shall, have teen duly served) no further adjournment of the hearing merely by consent of the parties shall be allowed, except for the reasons set forth in Rule 139 of the Bankruptcy Rules, 1883, or for such other sufficient reason to be stated in the order for adjournment as the Court shall think fit ; but in every such case, unless an order for adjournment is made, the Court shall either make a receiving order or dismiss the petition. Vol. 55.] OBDEES AND RULES. 335 X. — Receiving Orders. Form. 37. Rule 150 of the Bankruptcy Rules, 1883, is hereby annulled, and the following Rule is substituted therefor : — A receiving order shall be in one of the Forms Nos. 5 and 6 in the Appendix to these Rules, with such variations as circumstances may require. When the receiving order is made on a creditor's petition there shall be stated in the receiving order the nature and date, or dates, of the act or acts, of bankruptcy upon which the order has been made. Every order shall contain at the foot thereof a notice requiring the debtor to attend on the Official Receiver forthwith on the service thereof at the place mentioned therein. 38. Every receiving order, and order for the appointment of the Official Receiver as Interim Receiver of a debtor's property, shall be prepared by the Registrar of the Court, and, in cases in which printed forms can be conveniently used, may be partly in print and partly in writing. Where the petitioner is represented by a solicitor the receiving order shall be indorsed with the name and address of such solicitor. 39. A copy of every receiving order, and order for the appointment of the Official Receiver as Interim Receiver of the debtor's property, sealed with the seal of the Court, shall forthwith be sent by post or otherwise by the Registrar to the Official Receiver. 40. A copy of the receiving order sealed with the seal of the Court shall be forthwith served on the debtor in the High Court by such officer as the Official Receiver may appoint, or in a County Court by the bailiff or officer of the Court appointed to serve the process of the Court, either personally or by leaving the same with some adult inmate at his usual or last known place of residence or business. Interim Beceiver. Rule 134 of the Bankruptcy Rules, 1883, is hereby annulled, and the following Rules are substituted therefor : — 41. After the presentation of a petition, upon the application of a creditor, or of the debtor himself, and upon proof by affidavit of sufficient grounds for the appointment of the Official Receiver as Interim Receiver of the property of the debtor, or any part there- of, the Court may, if it thinks fit, and upon such terms as may be just," make such ap- pointment. 42. Where an order is made appointing the Official Receiver to be Interim Receiver of the property of the debtor, such order shall bear the number of the petition in respect of which it is made, and shall state the locality of the property of which the Official Receiver is ordered to take possession. 43. Before any such order is issued, the person who has made the application there- for shall deposit with the Official Receiver the sum of 51. towards the prescribed fee for the Official Receiver, and such further sum as the Court shall direct for the expenses which may be incurred by him. 44. If the sum of 51., and such further sum so to be deposited for the expenses which may be incurred by the Official Receiver, shall prove to be insufficient, the person, on whose application the order has been made, shall from time to time deposit with the Official Receiver such additional sum as the Court may, on the application of the Official Re- ceiver, from time to time direct ; and such sum shall be deposited within twenty-four hours after the making of the order therefor. If such additional sum shall not be so de- posited, the order appointing the Interim Receiver shall be discharged by the Court. 45. If an order appointing* an Interim Re- ceiver is followed by a receiving order, the deposits made by the creditor, on whose application such Interim Receiver was ap- pointed, shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the pay- ment of the fees chargeable, and the expenses incurred by the Interim Receiver) out of the ■ first net proceeds of the estate. 46. Where, after an order has been made appointing an Interim Receiver, the petition is dismissed, the Court shall, upon applica- tion to be made within twenty-one days from the date of the dismissal thereof, adjudicate, with respect to any damages or claim thereto arising out of the appointment, and shall make such order as it thinks fit ; and such decision or order shall be final and conclusive between the parties, unless the order be ap- pealed from. XI. — Public Examination of Debtor. Time for holding. 47. When a receiving order has been made against a debtor, it shall be the duty of the Official Receiver to make an application to the Court to appoint a day and hour for hold- ing the public examination of the debtor, and, upon such application being made, the Court shall, by an order, appoint the day and hour for such public examination, and shall order the debtor to attend the Court upon such day and at such hour. ™ 48. Every order appointing the time for holding or proceeding with the public ex- 336 SUPREME COURT OF JUDICATURE. [Law J. amination shall be served on the debtor, in the High Court by such officer as the Official Receiver may appoint, and in a County Court by the bailiff or officer of the Court appointed to serve the process of the Court. Such order shall be deemed to be sufficiently served on the debtor if it is delivered at his usual or last known place of abode or business. Default by-Debtor in attending. 49. If the debtor fails to attend the public examination at the time and place appointed by any order for holding or proceeding with the same, and no good cause is shewn by him for such failure, it shall be lawful for the Court, upon its being proved to the satisfac- tion of the Court that the order requiring the debtor to attend the public examination was duly served as required by the last preceding Rule, and without any further , notice to the debtor, to issue a warrant for his arrest as provided by section 25 (1.) (d.) of the Act, or to make such other order as it shall think just. Notice of Examination. 50. "Where any order is made appointing the time and place for holding the public examination of a debtor, the Official Receiver shall give to the creditors notice of such order, and of the time and place appointed thereby. The Official Receiver shall also send a notice of such order to such local paper as the Board of Trade may from time to time direct, or in default of such direction as he may think fit. Adjournments sine die. 51. Where the Court is of opinion that a debtor -is failing to disclose his affairs, or where the debtor has failed to attend the public examination or any adjournment thereof, or where the debtor has not complied with any order of the Court in relation to his accounts, conduct, dealings, and property, and no good cause is shewn by him for such failure, the Court may adjourn the public examination sine die, and may make such further or other order as it shall think fit. Proceeding after Adjournment sine die. 52. "Where an examination has been ad- journed sine die, and the debtor desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising, and giving notice to creditors of the day to be appointed for proceeding with such examination, shall, unless the Official Receiver or trustee, as the case may be, con- sents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the publio examination, deposit with the Official Receiver such sum as the Official Receiver shall think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be re- turned to the debtor. 53. In any case in which a public examina- tion has been adjourned sine die, and the Court afterwards makes an order for proceed- ing with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the " London Gazette," and in the local paper in which the notice of the first holding of the public ex- amination was inserted, seven days before the day appointed. XII. — Adjudication. Adjudication on failure of Composition or Scheme. 54. In any case in which, at the first meet- ing of the creditors of a debtor, a resolution for the acceptance of a composition or scheme of arrangement has been passed by the credi- tors pursuant to section 18 of the Act, if, before the holding of the subsequent meeting for the confirmation of such resolution, the debtor informs the Official Receiver (in writ- ing) that he is unable to carry out the pro- posed composition or scheme, or if, at the subsequent meeting, the proposed composi- tion or scheme be not confirmed, the Official Receiver shall forthwith apply to the Court to abjudicate the debtor a bankrupt ; and the Court may, on such application, and without any notice to the debtor, adjudge him bank- rupt. Annulment of Adjudication. 55. The order of the Court annulling an adjudication shall not relieve a trustee from the liability imposed on trustees by the Act and Rules to account to the Board of Trade for all transactions of such trustee in connec- tion with the estate. 56. The second paragraph of Rule 211 of the Bankruptcy Rules, 1883, as amended by Rule 106 of these Rules, shall be read with the words " or if the adjudication is annulled," inserted therein after the words " realised and distributed." XIII.— Compositions and Schemes of Arrangement. Application for Approval. 57. "Where the creditors have confirmed a composition or scheme of arrangement, and the debtor has not within three days from the date of suoh confirmation applied to the VOL. 55.J ORDERS AND RULES. 337 Court to approve of it, the Official Receiver may make an application to the Court for the approval of such composition or scheme, whether he reports in favour of it or not. The Official Receiver shall not, by making an application to the Court under section 18 of the Act for the approval of the Court to such composition or scheme, be deemed ne- cessarily to approve of the same. 58. Any person other than the Official Receiver who applies to the Court to approve of a composition or scheme shall, not less than ten days before the day appointed for hearing the application, send notice of the application to the Official Receiver. 59. Whenever an application is made to the Court to approve of a composition or scheme, the Official Receiver shall, not less than seven days before the day appointed for hearing the application, send notice of the application to every creditor who has proved his debt. 60. In any case in which an application is made to the Court to approve of a composi- tion or scheme, and the Official Receiver reports to the Court any fact, matter, or cir- cumstance which would, under section 18 (6) of the Act, justify the Court in refusing to approve of the composition or scheme, such application shall be deemed to be an opposed application within the meaning of paragraph (d) of sub-section 2 of section 99 of the Act. 61. In every case of an application to the Court to approve of a composition or scheme of arrangement, the report of the Official Receiver, made pursuant to section 18 of the Act, shall be filed not less than four days before the time fixed for hearing the applica- tion. 62. On the hearing of any application to the Court to approve of a composition or scheme, the Court shall, in addition to con- sidering the report of the Official Receiver, hear the Official Receiver and the trustee (if any) thereon, and an appeal to the Court of Appeal shall lie at the instance of the Board of Trade, or of the trustee (if any), from any order of the Court made upon such an appli- cation. 63. No costs incurred by a debtor, of or incidental to an application to approve of a composition or scheme, shall be allowed out of the estate if the Court refuses to approve the composition or scheme. Terms of Bcsolution. 64. Every resolution ,for a composition, or instrument embodying the terms of a pro- posed composition, which is to be submitted to the Court pursuant to section 18 of the Act, shall, in addition to the other particulars required to be contained therein, specify the Vol. 55.— Ordeks and Rules. manner (if any) in which the payments of the composition are to be secured. 65. In every case of a composition in which a trustee is not appointed to distribute such composition, or, if appointed, declines to act, or becomes incapable of acting, and in every case of a scheme or composition where an order has been made for an administration in a summary manner, and in which a trustee is not appointed to administer the debtor's property,, or, if appointed, declines to act, or becomes incapable of acting under the terms of such composition or scheme, the Official Receiver shall be the trustee for the purpose of receiving and distributing the composition, or for the purpose of administering the debtor's property, and carrying out the terms of the composition or scheme, as the case may be. Deposit by Debtor to cover Costs. 66. Where a composition or scheme of arrangement has been duly confirmed by the creditors as provided by section 18 of the Act, .or in small bankruptcies by Rule 199 of .the Bankruptcy Rules, 1883, such composi- tion or scheme shall not be approved by the Court unless the > Court is satisfied, on the report of the Official Receiver, that provision is made for payment of the ad valorem duty for the time being payable in respect of the gross amount of the composition, or of the estimated assets (Table A.), and all proper costs, charges, and expenses of and incidental to the proceedings, and all fees and.per-cent- ages payable to the Official Receiver and the Board, of Trade under the scale of fees and per-centages in force for the time being. Fee on Application. 67. The fee prescribed to be charged for and in respect of an application to the Court under sections 18 and 23 of the Act may be allowed and paid out of the estate of the debtor in any case in which there are suffi- cient funds in the hands of the Official Re- ceiver or trustee, as the case may be, available for the purpose. Security by Trustee under Scheme. 68. "Where under a composition or scheme of arrangement a trustee is appointed to administer the debtor's property or manage his business, such trustee shall, after the composition or scheme has been approved by the Court, give security to the satisfaction of the Board of Trade in like manner as if he were a trustee in bankruptcy. If the trustee fail to give such security within the time re- quired he may be removed by the Board of Trade. 2 U 338 SUPREME COURT OF JUDICATURE. [LAW J. Proof of Debts in Compositions. 69. Every person claiming to be a creditor under any composition or scheme of arrange- ment, who has not proved his debt before the approval of such composition or scheme, shall lodge his proof with the trustee, if any, or, if there is no such trustee, with the Official Receiver, who shall admit or reject the same. And no creditor shall be entitled to enforce payment of any part of the sums payable under a composition or scheme unless and until he has proved his debt, and his proof has been admitted. Compositions and Schemes under Section 23. 70. All rules relating to compositions or schemes of arrangement under section 18 of the Act shall, so far as applicable, apply to compositions or schemes of arrangement under section 23 of the Act. XIV. — Filing Statement of Affairs. Extension of Time. _ 71. "Where any debtor requires any exten- sion of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending' such time, which certificate shall be filed, and shall render an application to the Court under section 16 of the Act unnecessary. XV. — Proof of Debts. Proofs for Wages. 72. In 'any case in which it shall appear from the debtor's statement of affairs that there are numerous claims for wages by workmen and others employed by the debtor, it shall be sufficient if one proof for all such claims is made either by the debtor, or his foreman, or some other person on behalf of all such creditors. Such proof shall have annexed thereto, as forming part thereof, a schedule setting forth the names of the work- men and others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others, but shall be stamped with one stamp as an ordinary proof. Production of Bills of Exchange and Promissory Notes. 73. Where a creditor seeks to prove in re- spect of a bill of exchange, promissory note, or other negotiable instrument or security on which the debtor is liable, such bill of exchange, note, instrument, or security must, subject tp any special order of the Court made to the contrary, be produced to the Official Receiver, chairman of a meeting, or trustee, as the case may be, before the proof can be admitted either for voting or for divi- dend. Time for lodging Proofs. 73a. Rule 170 of the Bankruptcy Rules, 1883, is hereby annulled, and the following Rule is substituted therefor : — A proof intended to be used at the first meeting of creditors shall be lodged with the Official Receiver not later than the time mentioned for that purpose in the notice convening the meeting, but which time shall not be earlier than twelve o'clock at noon of the day but one before, nor later than twelve o'clock at noon of the day before the day appointed for such meeting. Procedure for dealing with Proofs. Rules 171, 172, and 173 of the Bankruptcy Rules, 1883, are hereby annulled, and the following Rules are substituted therefor : — 74. Where a trustee is appointed in any matter, all proofs of debts that have been received by the Official Receiver shall be handed over to the trustee. But .the Official Receiver shall first make a list of such proofs, and take a receipt thereon from the trustee for such proofs. 75. The Official Receiver, where no other trustee is appointed, shall forthwith, after the final payment has been made in a composition or scheme of arrangement duly approved by the Court and in a bankruptcy after a final dividend has been declared, send to the Re- gistrar all proofs tendered in the proceeding, with a list thereof certified to be correct, dis- tinguishing in such list the proofs which were wholly or partly admitted, and the proofs which were wholly or partly rejected. 76. A trustee in every bankruptcy proceed- ing, other than the Official Receiver, shall, on the first day of every month, send to the Registrar a certified list of all proofs, if any, received by him from the Official Receiver, or otherwise tendered during the month next preceding, distinguishing in such lists the proofs admitted, those rejected, and such as stand over for further consideration ; and, in the case of proofs admitted or rejected, he shall transmit the proofs themselves for the purpose of being filed. 77. The Official Receiver, or, as the oas'e may be, the trustee, shall, within three days after receiving notice from a creditor of his intention to appeal against a decision reject- ing a proof, file such proof with the Registrar, with a memorandum thereon of his disallow- ance thereof. After the appeal has been heard by the Court, the proof, unless wholly dis- allowed, shall be given back to the Official Receiver or trustee, as the case may be. Vol. 55.] OEDERS AND RULES. 339 78. Subject to the pswer of the Court to extend the time, the Official Eeceiver, as trustee, not later than seven days from the latest date specified in the notice of his in- tention to declare a dividend, as the time within which' such proofs must be lodged, shall, in writing, either admit or reject wholly or in part every proof lodged with him, or require further evidence in support thereof. 79. Subject to the power of the Court to extend the time, the trustee, other than the Official Eeceiver, within 28 days after receiv- ing a proof which has not previously been dealt with by the Official Eeceiver, shall, in writing, either admit or reject it wholly or in part, or require further evidence in support thereof. Provided that where the trustee has given notice of his intention to declare a dividend he shall within seven days after the date mentioned in such notice as the latest date up to which proofs must be lodged, examine, and in writing admit or reject every proof which has not been already admitted or rejected, and give notice of his decision rejecting a proof wholly or in part to the creditor affected thereby. 80. "Where a creditor's proof has been ad- mitted the notice of dividend shall be suffi- cient notification to such creditor of such admission. [Rule 174 to stand as at present.] Costs of Appeals from Decisions as to Proofs. 81. The Official Eeceiver shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part. XVI. — Dividends. Notice of Dividend. 82. Eule 175, paragraphs (1) and (2) of the Bankruptcy Eules, 1883, are hereby annulled, and the following Eule is substituted there- for : — (1.) Not more than two months before declaring a dividend, the trustee shall give notice of his intention to do so to the Board of Trade in order that the same may forth- with be gazetted, and at the same time to such of the creditors mentioned in the bank- rupt's statement of affairs as have not proved their debts. Such notice shall specify the latest date up to which proofs must be lodged, which shall be not less than 14 days from the date of such rfotice. [Paragraphs <3), (4), and (5) of Rule 175 to remain as at present^ (6.) If it becomes necessary, in the opinion of the trustee and the committee of inspec- tion, if any, to postpone the declaration of the dividend beyond the prescribed limit ot two months, the trustee shall give a fresh notice of his 'intention to declare a dividend to the Board of Trade in order that the same may forthwith be gazetted ; but it shall not be necessary for such trustee to give a fresh notice to such of the creditors mentioned in ihe bankrupt's statement of affairs as have not proved their debts. In all other respects the same procedure shall follow the fresh notice as would have followed the original notice. XVII. — Discharge. Application. Eule 178 of the Bankruptcy Eules, 1883, is hereby annulled, and the following Eules are substituted therefor : — 83. A bankrupt intending to apply for his discharge, under section 28 of the Act, shall produce to the Eegistrar a certificate from the Official Eeceiver specifying the number of his creditors, of whom he has notice (whe- . ther they have proved or not), and the Eegis- trar shall, not less than 28 days before the day appointed for hearing the application, give notice in the prescribed form of the time and place of the hearing of the application to the trustee and to the Official Eeceiver. The Eegistrar shall forthwith send a copy of such notice to the Board of Trade for inser- tion in the London Gazette, and the Official Eeceiver shall send a copy of such notice to each creditor not less than 14 days before the day so apppinted. Such notice shall be in the Form No. 24 in the Appendix to these Eules. 84. In any case in which an application is made to the Court by a bankrupt for his dis- charge, and the Official Eeceiver reports to the Court any fact, matter, or circumstance, which would, under section 28 or section 29 of the Act, justify the Court in refusing an unconditional order of discharge, such appli- cation shall be deemed to be an opposed application within the meaning of section 99 (2.) (o.) of the Act. 85. An appeal to the Court of Appeal shall he at the instance of the Board of Trade, and at the instance of the trustee (if any) from any order of the Court made upon such an. application. Report of Official Receiver. 86. In every_ case of an application by a bankrupt for his discharge the report of the Official Eeceiver, made pursuant to section 28 of the Act, shall be filed not less than seven days before the time fixed for hearing of the application. 87. A bankrupt shall not be entitled to have any of the coBts of or incidental to his 340 SUPEEME COURT OF JUDICATURE. [Law J. application for his disoharge allowed to him out of his estate. Conditional Orders under Subsection 6 of Section 28. 88. (1.) Where, under subsection (6) of section 28 of the Act, the Court grants an order of discharge conditionally upon the bankrupt consenting to judgment being en- tered against him by the Official Beceiver or trustee for any balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the Court shall not deliver out the order of discharge until the bankrupt has given the required consent in the form prescribed in the Appendix to these Rules. The judgment shall be entered in the Court having jurisdiction in' the bank- ruptcy in which the order of discharge is granted, and shall be in the form prescribed in the Appendix to these Rules. (2.) The Registrar of a County Court in which judgment is so entered shall forthwith make a return of the judgment to the Regis- trar of County Court judgments; __ (3.) The order granting the discharge upon the conditions aforesaid shall be in the form prescribed in the Appendix to these Rules. Form of Order of Discharge. 89. Rule 179 of the Bankruptcy Rules, 1883, shall be read with the words, "The Order shall be in the Form No. 45 in the Appendix," inserted at the end thereof. XVIIL-^Proxies. Filling in when Creditor incapable, Sc. 90. The proxy of a creditor blind or in- capable of writing may be accepted if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence ; and provided that all insertions in the proxy are in the handwriting of the witness, and such witness shall have certified at the foot of the proxy that all such inser- tions have. been made by him at the request of the creditor and in his presence before he attached his signature or mark. 91. Rule 183 (4) of the Bankruptcy Rules, " 1883, shall be read with the following sen- tence added at the end thereof, namely, " Such authority shall bean writing." 92. No person shall be appointed a general or special proxy who is a minor. XIX. — Meetings of Creditors. Adjournment. 93. Where a meeting of creditors is ad- journed, the adjourned meeting shall be held at the same place as the original place of meeting, unless in the resolution for adjourn- ment another place is specified. Quorum. 94. In calculating a quorum of creditors present at a meeting those persons only who are entitled to vote at the meeting shall be reckoned. XX.— Joint and separate Estates. First Meeting, Composition, dc. 95. In cases where a, receiving order is made against a firm, the joint and separate creditors shall collectively be convened to the first meeting of creditors. 96. At the first meeting, or any adjourn- ment thereof, the joint creditors and each set of separate creditors may severally en- tertain: proposals for compositions or schemes of arrangement under section 18 of the Act. So far as circumstances will allow, a pro- posal entertained by joint creditors may be confirmed and approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be entertained, confirmed, and approved. 97. Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors; and the proposal made to each separate set of creditors shall be considered and voted upon by such separate set of creditors apart from all other creditors. Such proposals may vary in character and , amount. Where a composi- tion or scheme is approved, the receiving order shall be rescinded only so far as it relates to the ' estate, the creditors of which have confirmed the composition or scheme. Adjudication : Trustee. 98. On the adjudication in bankruptcy of a partnership the trustee appointed by the joint creditors, or by the Board of Trade under section 21 (6) or section 87 (3) of the Act, as the case may be, shall be the trustee of the separate estates. Each set of separate creditors may appoint its own committee of inspection ; but if any set of separate credi- tors do not appoint a separate committee, the committee (if riny) appointed by the joint creditors shall be deemed to have been ap- pointed also by such separate creditors. Separate Firms. 99. If any two or more of the members of a partnership constitute a separate and inde- pendent firm, the creditors of such last- Vol. 55.] OEDEES AND EULES. 341 mentioned firm shall be deemed to be a separate set of creditors, and to be on the same footing as the separate creditors of any individual member of the firm. And where any surplus shall arise upon the administra- tion of the assets of such separate or inde- pendent firm, the same shall be oarried over to the separate estates of the partners in such separate and independent firm accord- ing to their respective rights therein. Apportionment of Remuneration. 100. Where joint and separate estates are being administered, the remuneration of the trustee in respect of the administration of the joint estate may be fixed by the credi- tors, or (if duly authorised) by the committee of inspection of such joint estate, and the re- muneration of the trustee in respect of the administration of any separate estate may be fixed by the creditors, or 1 (if duly au- thorised) by the committee of inspection of such separate estate. XXI. — Summary Administration in Small Bankruptcies. Advertisements, Sc. 101. Instead of the first paragraph of Eule 199 of the Bankruptcy Eules, 1883, there shall be substituted the following : — (1.) There shall be one advertisement only of the proceedings in a local paper, which shall be in the Form 33 in the Appendix to these Rules. (2.) "When an order for summary adminis- tration has been made, the title of every document in the proceedings subsequent to the making of the order shall have inserted thereon the words " Summary Case." Meetings of Creditors, Composition, Divi- dends, dc. 102. Instead of the seventh paragraph of Eule 199 of the Bankruptcy Eules, 1883, such Eule shall have inserted therein the following provisions : — (1.) The first meeting of creditors may, where it is expedient, be held on the day appointed for the public examination, or on any other day fixed by the official receiver. (2.) Where a debtor intends to propose a composition or scheme under section 18 of the Act, he shall, when submitting his state- ment of affairs under section 16 of the Act, or within such time thereafter as the Official Receiver may fix, lodge with the Official Receiver a proposal in writing, signed by him, embodying the terms of the composition or soheme which he is desirous of submitting for the consideration of his creditors. (3.) In such case the Official Receiver shall thereupon summon a first meeting of creditors, which shall be held before the public examination of the debtor is concluded, and send to eachcreditor, with the notice of the meeting, a copy of the debtor's proposal, with a report thereon ; and if at such meet- ing a majority in number, and three fourths in value, of the creditors who have proved, re- solve to accept the proposal, the same shall be deemed to be duly accepted by the cre- ditors ; and when approved by the Court shall be binding on all the creditors. It shall not be necessary to hold a subsequent meeting for the purpose of confirming the resolution accepting the debtor's proposal. (4.) The forms of notice and report (Nos. 19 and 20) in the Appendix to these Eules shall be used with such variations or additions as circumstances may require. (5.) The debtor may, at the meeting, amend the terms of his proposal ; provided such variation shall, in the opinion of tho Official Eeceiver, be calculated to benefit the general body of creditors. (6.) Creditors who have proved their debts may, as prescribed by the second paragraph of section 18 (2) of the Act, record their votes at the meeting by means of a voting letter addressed to the Official Eeceiver. (7.) The application to the Court to ap- prove of a composition or scheme under this rule shall not be heard until after the con- clusion of the public examination of the debtor. Any creditor who has proved, or his proxy, may be heard by the Court in opposition to the approval of the composition or scheme, notwithstanding that he may, at the meeting of creditors, have voted for its acceptance. (8.) Where no proposal for a composition or scheme is lodged with the Official Ee- ceiver by the debtor, as prescribed by this Eule, the debtor shall be deemed to have no intention of submitting any proposal to his creditors ; and thereupon the Official Ee- ceiver shall report the fact to the Court ; and if the debtor has not previously been ad- judged bankrupt, apply to the Court to adjudge him bankrupt, and the Court shall, on such application, and without any notice to the debtor, forthwith adjudge him bank- rupt. (9.) The provisions of this Eule shall, so far as applicable, extend to any composition or scheme (under section 23 of the Act) pro- posed by a bankrupt, whose estate has been ordered to be administered in a summary manner. (10.) On an application by a bankrupt for his discharge the certificate of the Official Ee- ceiver shall not include, nor shall notices be 342 SUPREME COURT OF JUDICATURE. [LAW J. sent to, creditors whose debts do not ex- ceed 22. (11.) In lieu of the copy of the account to be filed with the Court, as prescribed by section 78 (4) of the Act, a statement shew- ing the position of the estate analogous, as nearly as may be, to that prescribed by Rule 175 (4) of the Bankruptcy Rules, 1883, shall be filed. (12.) Notices of meetings, other than of first meetings, or of sittings of the Court shall only be sent to creditors whose debts or claims exceed the sum of 21. (13.) The time mentioned in section 58 (2) of the Act shall be extended to six months. XXII. — Administration Orders in the Case of Deceased Debtors. General Rules under Subsection 11 of Section 125 of the Act. Gazetting and Proceedings generally. 103. "Where an administration order under section 125 of the Act is made, such order shall be gazetted and advertised in the same manner in all respects as an order of adjudi- cation is gazetted and advertised. Duties of Executor, Sc. 104. "When an administration order under section 125 of the Act has been made it shall be the duty of the' executor or legal personal representative of the deceased debtor to lodge with the Official Receiver forthwith (in duplicate) an account of the dealings with, and administration of (if any), the deceased's estate by such executor or legal personal representative, and such exe- cutor or legal personal representative shall also furnish forthwith in duplicate a list of the creditors and a statement of the assets and liabilities and such other particulars of the affairs of the deceased, as may be required by the Official Receiver. Every account, list, and statement, to be made under this rule, shall be made and verified as nearly as may be. in accordance with the practice' for the time being of the Chancery Division of the High Court. The expense of preparing, making, verify- ing, and lodging any account, list, and state- ment under this rule shall, after being taxed, be allowed out of the estate, upon production of the necessary allocatur. 105. In any case in which an administra- tion order under section 125 of the Act has been made, and it appears to the Court, on the report of the Official Receiver, that no exe- cutor or legal personal representative exists, the account, list, and statement mentioned in the last preceding rule shall be made, verified, and lodged by such person as in the opinion of the Court, upon such report, may have taken upon himself the administration of, or may otherwise have intermeddled wiih, the property of the deceased, or any part thereof. XXIII. — Accounts and Audit. Time for sending Accounts. 106. The second paragraph of Rule 211 of the Bankruptcy Rules, 1883, shall be read as if after the word "realised" there were in- serted the words " and distributed." XXIV. — Trustees and Committee of Inspection. Appointment. 107. Rule 219 of the Bankruptcy Rules, 18S3, shall be read with the following words inserted at the end thereof : — " The expense of such gazetting and notice shall be borne by the trustee, and may be charged by him to the estate." 108. It shall be a sufficient reason for re- fusing to certify the appointment of a person as trustee that in any other proceeding under the Act such person has either been removed under section 86 (2) of the Act from the office of trustee, or has failed or neglected without good cause shewn by him to render his accounts for audit for two months after the date by which the same should have been rendered. 109. The 3rd sub-rule of Rule 253 of the Bankruptcy Rules, 1883, is hereby annulled, and the following is substituted therefor : — The Board of Trade shall fix the amount and nature of such security, and may from time to time, as they think fit, either increase or dimmish the amount of special or general security which any person has given. 110. "Where a trustee or special manager has given security in the prescribed manner, but fails to keep up such security, the Board of Trade may, if they think fit, remove him from his offioe. Release. 111. Rule 226 of the Bankruptcy Rules, 1883, is hereby annulled, and the following Rule is substituted therefor : — A trustee before making application to tho Board of Trade for his release shall give notice of his intention so to do according to the Form 93 in the Appendix to the Bank- ruptcy Rules, 1883, to all the creditors of the debtor who have proved then 1 debts, and to the debtor, and shall send with such notice a summary of his receipts and payments as Vol. 55.] ORDEBS AND EULES. 343 trustee : Provided that where such applica- tion is made upon the trustee ceasing to aot by reason of a composition having been ap- proved under section 23 of the Act, such notice and summary shall be sent to the debtor only. 112. "Where the Board of Trade have granted to a trustee his release a notice of the order granting such release shall be gazetted. The trustee shall he required to provide the requisite stamp fee, which may be charged to the estate. Dealings with Estate. 113. Neither the trustee nor any member of the committee of inspection of an estate shall, while acting as trustee or member of such committee, except by leave of the Court, either directly or indirectly, by himself or any partner, clerk, agent, or servant, become pur- chaser of any part of th& estate. Any such purchase made contrary to the provisions of this rule may he set aside by the Court on the application of the Board of Trade or any creditor. 114. No member of a committee of inspec- tion of an estate shall, except under and with the sanction of the Court, directly or in- directly, by himself or any employer, partner, clerk, agent, or servant* be entitled to receive out of the estate any payment for services rendered by bim in connection with the administration of the estate, or for any goods supplied by him to the trustee for or on account of the estate. If it appears to the Board of Trade that any payment has been made contrary to the provisions of this rule they may disallow such payment on the audit of the trustee's account. . Discharge of Costs, <£c., before Estate handed over to Trustee. 115. Rule 247 of the Bankruptcy Eules, 1883, is hereby annulled, and the following Rule is substituted therefor : — (1.) Where a debtor is adjudged bankrupt, and a trustee is appointed, the Official Re- ceiver shall forthwith put the trustee into possession of all property of the bankrupt of which the Official Receiver may be possessed ; provided that such trustee shall have, before the estate is handed over to him by the Official Receiver, discharged any balance due to the Official Receiver on account of fees, costs, and charges properly incurred by him and payable under the Act, and on account of all advances properly made by him in respect of the estate, together with interest on such advances at the rate of four per cent. per annum, and shall have discharged or undertaken to discharge all guarantees which have been properly given by the Official Receiver for the benefit of the estate ; and the trustee shall pay all fees, costs, and charges of the Official Receiver which may not have been discharged by the trustee be- fore being put into possession of the property of the bankrupt, and whether incurred be- fore or after he has been put into such pos- session. (2.) The Official Receiver shall be deemed to have a lien upon the estate until such balance shall have been paid, and such guaran- tees and other liabilities shall have been dis- charged. (3.) It shall be the duty of the Official Re- ceiver, if so requested by the trustee, to communicate to the trustee all such informa- tion respecting the bankrupt and his estate and affairs as may be necessary or conducive to the, due discharge of the duties of the trustee. Remuneration. 116. Except as provided by the Act or Rules, no trustee shall be entitled to receive out of the estate any remuneration for services rendered to the estate, except the remunera- tion to which under the Act and Rules he is entitled as trustee. 117. In any case in which, under the pro- visions of sub-section 6 of section 21, or sub- section 3 of section 87 of the Act, the Board of Trade appoint a trustee, the trustee shall receive out of the estate such remuneration as the Board of Trade shall determine. 118. The second paragraph of Rule 224 of the Bankruptcy Rules, 1883, is hereby an- nulled. 119. Where the Board of Trade is of opinion that any act done by a trustee or any resolution passed by a committee of inspec- tion should be brought to the notice of the creditors, for the purpose of being reviewed or otherwise, the Official Receiver may sum- mon a meeting of creditors accordingly to consider the same, and the expense of sum- moning such meeting shall be paid by the trustee out of any available assets under his control. XXV. — Official Receivers. Applications to the Court. 120. Where for the purposes of any appli- cation to the Court by the • Official Receiver for directions, or to adjudge a debtor bank- rupt, or for leave to disclaim a lease, or for an extension of time to apply for leave to dis- claim a lease, or for an order to take criminal proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such application, such evidence may be given by a report of 344 SUPREME COURT OP JUDICATURE. [Law J. the Official Eeeeiver to the Court, and need not be given by affidavit, and any such report of the Official Receiver to the Court shall be received by the Court as prima facie evidence of the matters reported upon. Trading Account of Debtor. 121. The debtor shall on the request of the Official Receiver furnish him with trading and prqfit and loss accounts, and a cash and goods account for such period not exceeding two years prior to the date of the receiving order as the Official Receiver shall specify : Provided that the debtor shall, if ordered by the Court so to do, furnish such accounts as the Court may order for any longer period. If the debtor fails to comply with the require- ments of this rule the Official Receiver shall report such failure to the Court, and the Court shall take such action on such report as it shall think just. Liability for Costs, Expenses, and Damages. 122. The following provisions shall apply bo every case in which proceedings are taken either by, action, motion, or in any other manner, against any Official Receiver in re- spect of anything done or default made by him, when acting, or in the bona fide and. rea- sonable belief that he is acting in pursuance jf the Act, or in execution of the powers jiven to Official Receivers by the Act : — (1.) Subject to the provisions of the next following sub-section, the costs, damages, and expenses which the Official Receiver may aave to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor, (2.) As soon as any such proceedings are sommenced it shall be the duty of the Official Receiver to report the same to the Board of Trade, who shall determine whether or not such proceedings shall be resisted or de- fended. The Official Receiver shall not, unless the 3ourt shall otherwise order, be entitled to be said out of the estate any costs or expenses which he may have to pay or bear in con- sequence of resisting or defending any such proceedings, unless the Board of Trade have letermined that such proceedhigs shall be resisted or defended. (8.) The Official Receiver shall, if neces- sary, apply to the Court for any reasonable idjournment of any motion, or other sum- nary proceedings before a Court having juris- liction in bankruptcy, pending the deter - nination of the Board, of Trade upon tho raestion whether such motion or proceedings hould be resisted or defended. And the 3ourt may grant an adjournment upon such erms as it shall think fit. (4) If such proceedings are commenced before the appointment of a trustee by the creditors, or before the approval of a com- position or scheme,' the Official Receiver may, before putting the trustee appointed by the creditors, or in the case of a composition the debtor himself, into possession of the debtor's property, retain the whole or some part of the debtor's estate according as the Board of Trade shall in each case direct, to meet tho damages, costs, or expenses which the Official Receiver may have to pay or bear in conse- quence of the said proceedings. If such pro- ceedings are commenced after the appoint- ment of a trustee by the creditors, or aftor the approval of a composition or scheme, the Official Receiver shall forthwith give notico of such proceedings to the trustee, or other person in whom the estate of the debtor may be vested (including where necessary the debtor himself), and the estate of the debtor shall, as from the date of such notice, be deemed to be charged with the payment of the said damages, oosts, and expenses. XXVI. — Bank Payments. Local Banking Account. 123. Rule 251 of the Bankruptcy Rules, 1883, shall be read as if, instead of the words in such Rule " and countersigned by such person as the creditors or tho committee of inspection may appoint," such Rule contained the following words "and shall be counter- signed by at least one member of the com- mittee of inspection, and by such other person, if any, as the creditors or the committee of inspection may appoint." XXVII. — Special Manager. Accounts. 124. Every special manager shall account to the Official Receiver, and such special manager's accounts shall be verified by affi- davit in the prescribed form, and, when ap- proved by the Official Receiver, tho totals of the receipts and payments shall be added to the Official Receiver's accounts. XXVIII. — Rule under Section 108. Receiving Order on Judgment Debtor Summonses. 125. When a receiving order is made under seotion 108 of the Act, tho Court by which the receiving order is made, or the Court to which the matter is transferred, as the case may be, may, if such Court is satisfied, by affidavit or otherwiso, or by the report of the Official Receiver of such Court, that tho pro- perty of the debtor (after deduction of any property in the hands of secured creditors, debts enforceable by distraint, the costs of Vol, 55.] ORDERS AND RULES. 345 execution under section 46 (1) of the Act, and all debts which under the Act are directed to be paid in priority to other debts), is not likely to exceed in value 300Z., make an order that the debtor's estate be administered in a summary manner pursuant to section 121 of the Act and the rules made thereunder. XXIX. — Auctioneers, &c. Expenses of Sales. 126. Where property forming part of a debtor's estate is sold by the trustee through an auctioneer or other agent, the gross pro- ceeds of the sale shall be paid over by such auctioneer or agent, and the charges and expenses connected with the sale shall after- wards be paid to such auctioneer or agent on the production of the necessary allocatur of the Taxing Officer. Every trustee, by whom such auctioneer or agent is employed, shall be accountable for the proceeds of every sueh sale. XXX. — Allowance to Debtor. Allowance in Money. 127. In any case in which, under the pro- visions of section 64 of the Act, a trustee makes an allowance to a bankrupt out of his property, such allowance, unless the creditors by special resolution determine otherwise, shall be in money, and the amount allowed shall be duly entered in the trustee's accounts. XXXI. — Gazetting. 128. Where any Receiving Order is amended, and also in any case in which any matter which has been gazetted has been amended or altered, or in which a matter has been wrongly or inaccurately gazetted, the Board of Trade shall regazette such order or matter with the necessary amendments and alterations in the prescribed form at the expense of the estate. XXXII.— Forms. 129. The forms in the Appendix to these Eules shall be used in addition to the forms prescribed by the Bankruptcy Rules, 1883 ; and such of the forms in the Appendix to these Rules as contain additions to or amend- ments of the corresponding forms prescribed by the Bankruptcy Rules, 1883, shall be used in substitution for or as amendments of such forms. (Signed) Herschell, C. I concur. ' (Signed) A. J. Mundella, President of the Board of Trade. July 29th, 1886. APPENDIX OF FOKMS. No. 1. Order of Transfer. (Title.) Upon the application of A.B., and upon reading and hearing , and it appearing to the Court that [state here special reason or reasons why order is made], that the proceedings in the above matter should be transferred from to [or as the case may be]. It is hereby ordered that the said proceedings in the above-named matter be transferred from the Court to the Court Dated this day of 18 . By the Court, Registrar. No. 2. Notice of Transfer to the Board of Trade and Official Receiver. (Title.) The proceedings in the above matter have been this day transferred to this Court from the [High Court] or [the County Court of holden at ], and have had the above distinctive number allotted to them. The distinctive number before transfer was No. of 18 . The proceedings have been consolidated with those in the following matter, viz. : — ■ , and will be treated under the same distinctive number, viz., No. of 18 . Dated this day of 18 . Add this in cases where a consolidation of proceedings , has been directed. Vol, 55. — Orders and Rules. 2X Registrar. 346 SUPREME COURT OF JUDICATURE. [Law J. (a) Iusert name, address, and descrip- tion of debtor. (6) Insert the other address or addresses at which unsatisfied debts or liabilities may have been in- curred. (a) Insert name, present address, and description of debtor. (6) Insert address at which the debtor was residing or carrying "on business when the petitioning creditor's debt was incurred. at (6) 1(a) No. 3. (Instead of Form 4.) Debtor's Petition. (Title.) lately residing (or carrying on business) having for the greater part of the past six months &c. [Continue as in Form No. 4.] No. 4. (Instead of Form lft) Creditor's Petition. (Title.) I, CD., of hereby petition the Court that a receiving order may be made in respect of the estate of (a), lately carrying on business at [or residing at] (6) [Continue as in Form No. 10.] No. 5. (Instead of Form 28.) Receiving Order on Debtor's Petition. (Title.) On the petition of the debtor himself, filed the day of 18 , the Official Receiver [or Mr.A.B., an Official Receiver] of this Court is hereby constituted receiver of the estate of [insert name, addresses, and descriptions of debtor set out in petition]. Dated this day of By the Court, Registrar. Note. — The above-named debtor is required immediately after the service of this order upon him to attend the Official Receiver of the Court at his offices at (a) , . Insert the The Official Receiver's Offices are open (except on holidays) every place at which the week-day from 10 a.m. to 4 p.m., except days whBn they close at p.m. Indorsement on Order. The name and address of the solicitor (if any) to the debtor are [insert name and address]. debtor is to attend on the Official Re- ceiver. No. 0. (Instead of Form 29.) Receiving Order on Creditor's Petition. (Title.) On the petition (dated the day of 18 , and numbered of 18 ) of J.S., of a creditor filed the [insert date] and on reading and hearing and it appearing to the Court that the following act or acts of bankruptcy has or have been committed, viz. : [Set out the nature and date or dates of the act or acts of bankruptcy on which the Order is made.] the Official Receiver [or Mr. A.B., an Official Receiver] of this Court is hereby constituted receiver of the estate of [insert name, addresses, and descriptions of debtor as set out in petition]. Dated this day of 18 . By the Court, Registrar. VOL. 55.J ORDERS AND RULES. iH( Note.— The above-named debtor is required, immediately after the service of this order upon him, to attend the Official Receiver of the Court at his offices at (a). The Official Receiver's offices are open every week-day from 10 a.m. to 4 p.m., except days, when they close at p.m. (a) Insert thc Indorsement on Order. P'?° e a * which ti.c ... ..^ debtor is to attend The name and address of the solicitor to the petitioning creditor are on the Official Re- [insert name and address], ceiver. No. 7. Application by the Official Receiver for an Order appointing a Sitting for the Public Examination of the Debtor. (Title.) The Official Receiver in the above matter reports to the Court that the receiving order was made on the day of Application is made to the Court for an order appointing a time and place for holding the public examination of the debtor, and that the debtor do attend such public examination. Dated this day of 18 . Official Receiver. No. 8. Order appointing a Time for the Public Examination of the Debtor. (Title.) Upon the application of the Official Receiver in the above matter, it is ordered that the public examination of the above-named debtor be held at (a) on the day of at o'clock in the . And it is ordered that the above-named debtor do attend at the place fi^Sm^tto. and time above mentioned. Dated this day of 18 . By the Court, Registrar. Note. — Notice is hereby given that if you, the above-named debtor, fail, without reason- able excuse, to attend at the time and place- aforesaid, you will be liable to be committed to prison without further notice. No. 9. (Instead of Form 30.) Notice of Receiving Order, &c. (Local Paper.) In Bankruptcy. Notice is hereby given, that on a petition filed the [insert date] a receiving order against A.B. of [here insert name, address, and description of debtor] was made by the High Court of Justice [or the County Court of, holden at ] on the day of 18 , Dated this day of 18 , G.H., Official Receiver. No. 10. In Form No. 36 the first paragraph of such Form may be omitted ; and in the second paragraph of such Form instead of the words " were read over to me" there shall be used the words " were read over by or to me." 348 SUPREME COURT OF JUDICATURE. [Law J. No. 11. (Instead of front sheet of Form 35.) Statement of Affairs, (Title.) N.B. — You are required to fill up, carefully and accurately, this sheet, and the several sheets A, B, C, D, E, F, Gr, H, J, and K, shewing the state of your affairs on the day on which the Receiving Order was made against you, viz., the day of . Such sheets, when filled up, will cpnstitute your statement of affairs. When completed suoh statement must be verified by oath or declaration. G-ross Lia- bilities Liabilities (as stated and estimated by Debtor) Unsecured creditors as per list (A.) Creditors fully secured, as per list (B.) Estimated value of secu- rities . Surplus to 'contra Creditors partly secured, as per list (C.) Less estimated value of _ securities £ s. d, Other liabilities as per list (D.) £ Of which it is expected will rank against the estate for dividend . Liabilities on bills other than'debtors' own acceptances, as per list (F.) £ . Of which it is expected will rank against the estate for dividend Preferential creditors for rates, taxes, wages, &c., as per list (E.) Preferential creditors for rent payable under s. 42 of the Act. as per list(E.) . Preferential claim for sheriff's charges under s. 46. Estimated at . Deducted contra £ s. d. Expected to Bank £ .<. d, Assets (as stated and estimated by Debtor) Cash at bankers Cash in hand . Property as per list (Q.)» viz. :— (a.) Stock in trade . (6.) Machinery, trade fixtures, fittings, utensils, &o. (c.) Farming stook, growing crops, and tenant right (d.) Furniture . (e.) Other property, viz. :— Estimated cost s. d. Book debts as per list (H.), viz. : Good Doubtful Bad . Estimated to produce Bills of exchange or other similar securities, as. per list (J.) £ . Estimated to produce . Surplus from securities in the hands of creditors fully secured (per contra) . £ Deduct preferential creditors for rent, rates, taxes, wages, &c. (per contra) £ Deficiency explained in statement (K.) £ Estimated to product) I (name) of {address) make oath and say that the above statement and the several lists hereunto annexed are to the best of my knowledge and belief a full, true, and complete statement of my affairs on the date of the above-mentioned lieceiving Order made .against me. Sworn at | this; day of 18 , I /0 . , ., Wn:-e me \ {^nature) Note. — In the fifth column of list A for the words " date when contracted " the words " month and year when contracted " shall be substituted. VOL. OO.J OKDEBS AND RULES. 349 {Instead of the "List 'G' Property," the following sh%ll be substituted.) G. Property. Pull particulars of every description of property in possession and in reversion as denned by section 16S of the Bankruptcy Act, 1883, not included in any other list, are to be set forth in this list : — Full Statement and Nature of Property Estimated Cost Estimated to produce (a.) Stock in trade at (6.) Machinery, trade fixtures, fittings, utensils, &c, at (c.) Farming stock, growing crops, and tenant right, at . (d.) Household furniture and effects, at (e.) Other property (state particulars), viz. : — £ S, d. £ a. ' *• Signature_ Note. — Form H shall be amended by adding between the third and fourth columns a column headed " Folio of ledger or other book (if any) in which account is to be found." No. 12. (To be added to Form 38, and used where an adjudication is applied for in consequence of resolution of creditors.) Order of Adjudication. Whereas pursuant to a petition dated against A.B., a receiving order was made on the [date]. And whereas it appears to the Court that at the first meeting of creditors held on the [date], (or at an adjournment of the first meeting of creditors held on the [date]) at , it was duly resolved that the debtor be adjudged bankrupt. Upon the application of it is ordered that the debtor be and the said debtor is hereby adjudged bankrupt. Dated this day of 18 . By the Court, Eegistrar. No. 13. Order on Application to approve Composition. (Title.) On the application of , and on reading the report of the Offioial Receiver filed on the day of , and hearing the Official Beceiver and , and the Court being satisfied that the creditors in the above matter have duly accepted and approved a composition [or scheme] in the following terms, namely [here insert terms if short ; if not, insert "in the terms contained in the paper writing marked A annexed hereto "J, *and being satisfied that the said terms are reasonable and calculated to benefit the general body of creditors, and being satisfied that the case is one on which the Court would not be required, if the debtor were adjudged bankrupt, to refuse an order of discharge, the said composition [or soheme] is hereby approved, and it is ordered that the receiving order made against the said [debtor] on the day of 188 , be, and the same is hereby resoinded. 350 SUPREME COURT OF JUDICATURE. [LAW J. This part of the Form to be adapted to each particular case. or after* and being satisfied that the said terms are not reasonable or calculated to benefit the general body of creditors, and being satisfied that the case is one in which the Court would be required, if ,the debtor were adjudged bankrupt, to refuse his discharge [or that facts have been proved that would under the Act justify the Court in refusing, qualifying, or suspending the debtor's discharge], the Court doth refuse to approve the said composition [or scheme]. Dated this day of 18 . By the Court, Registrar. •Where the debt claimed exceeds 21. a shilling bank- ruptcy stamp must be affixed here before send- ing proof to the Official Beceiver. If not procur- able a postal order or P.O.O. for that sum may be sent him and he will provide the required stamp. («) Here insert the number of matter, and the name of debtor, as given on the notice of meeting. (&) Pill in full name, address, and occupation of deponent. If proof made by cre- ditor strike out clauses (c) and (d). If made by clerk strike out (n the day of 18 , at o'clock in the noon. Any creditor who has tendered a proof, or his representative authorised in writing, may raestion the debtor on his public examination concerning his affairs and the causes of his failure. Dated this day of 18 . Official Receiver. Address. Notes. 1. Creditors who have proved may vote for or against the acceptance of the debtor's >roposal by means of the voting letter attached to the Official Receiver's report. 2. If the proposal be not accepted the meeting may, if the debtor has not already been idjudged bankrupt, resolve on his adjudication, when the Official Receiver will become the rustee unless the creditors by special resolution appoint a trustee. 3. Forms of proof and general proxy and a summary of the statement of affairs are sent lerewith. 4. A form of special proxy can be obtained from the Official Receiver by any creditor or >y his agent authorised in writing. No. 20. (Form of Report on Proposal and Voting Letter.) (Title.) - Summary Case. The Official Receiver of the above estate hereby reports : — That the debtor has lodged with him a proposal for a composition [or scheme] to be submitted to* the creditors, of which the following is a copy : — [Here set out fully the terms of proposal.] That the liabilities, as shewn by the debtor's statement of affairs, amount to the sum of I., and the assets are estimated by the debtor at the sum of I. after payment )f preferential debts. That the value of the assets is [fairly estimated by the debtor] [or, as the case may be.] That the terms of the debtor's proposal [set out report as to proposal]. Dated this day of 18 . Official Receiver. Address. Voting Letter. Be No. of lfi . I, of , a creditor in the above matter for the sum of I., tereby request the Official Receiver of the said estate to record my vote for the acceptance of he above proposal, or any amendment thereof which shall in the opinion of the Official teceiver be calculated ..to benefit the general body of the creditors [or against the above iroposal]. Dated this day of 18 . Signature Witness. Vol. 55.] ORDERS AND RULES. 355 Dr, No. 21. (Instead of Form 79.) Statement to accompany Notice of Dividend. (Title.) Statement shewing position of estate at date of declaring JSe [No. of 18 .],'; ., dividend. Cr. To total order , from date of receiving £ 3. d. Less : Deposit returned .to peti- tioner .... Payments to redeem seou rities .... Costs of execution Outlay in carrying on bust Net realisations d. By Board of Trade and Court fees (includ- ing stamp of £5 on petition) Law costs of petition , Other law oosts . Trustee's remuneration, as fixed by the («) viz. :— £ 3. d. per cent, on £ assets realised . , per oent. dn £ assets distributed in divi- dend .... Special manager's charges Auctioneer's charges as taxed Other taxed costs . Costs of possession . Costs of notices in Gazette papers . " . Incidental outlay Total cost of realisation . Allowance to debtor CreditorSt viz. : — Preferential . Unsecured (6) divi- dend now declared of s. d. in the £ on£ ... Dividends previously de- clared .... local d. Balance (a) Creditors or committeee of Inspection or Board of Trade, as the case may be. (b) 1st, or as the case may be. By s. 72 (2) of the Act, it is provided that " if one fourth in number or value of creditors dissent from the resolution, or the bankrupt satisfies the Board of Trade that the remunera- tion is unnecessarily large, the Board of Trade shall fix the amount of the remuneration." Assets not yet realised estimated to produce £ (Add here any special remarks Trustee thinks desirable.) Creditors can obtain any further information by enquiry at the office of the Trustee Dated this day of 18 . (Signature of Trustee) (Address) Note. — When this statement accompanies a declaration of a second or subsequent dividend, it shall incorporate the figures of the preceding statement or statements under their respective headings. No. 22. (Instead of Form 93.) In Form 93, instead of th« word " thereof" there shall be substituted the word " hereof." 356 SUPREME COURT OF JUDICATURE. [Law J. No. 23. (Instead of Form 127 (1).) , Bankruptcy Notioes for "London Gazette." Receiving Okdebs. Debtor's Name Address ' Description Court Number of Matter Date of Order Date of Petition (Instead of No. 127 (2).) First Meetings and Public Examinations. ■B t-J ■sis! ■gala ■4 .g 5 a Notice of Day appointed fob proceeding with Public Examinations adjourned sine die. Debtor's Name Address Description Court Number of Matter Date fixed for proceeding with Examination Hour Place Notice of Dividend. The particulars of the address and description of the debtor must in each case corre- spond with those published in the "London Gazette " in the notice of the Receiving Order, F. 127 (1.). Debtor's Name Address Description Court Num- ber. Amount per £ "Whether* first and final or otherwise When Payable Where Payable Sur- Christian name Name VOL. OO.J OKUlSliS AJNU ±iUL,Ufci. SOY Notice of Beleases op Trustees. Debtor's Name Debtor's Address Debtor's Description Court No. of Matter Trustee's Name Trustee's Address Trustee's Description Date of Release Administration Orders in the case of Deceased Debtors. -a ate of Petition or Application or other ry Dis- 1th Date Letters ration u o % o JSl *Q 4-« o P "8 8 tn I ■a a .3 4a 1 , 2 a •g 1 I 1 43 o d O "hether Will Testamenta position (w thereof), oi 'of Administ S a M a P n 23 <4 R a u 12! p H R » \ Notices Re-gazetted. Debtor's Name Address Description Court Number of Matter Date of Original Order or Notice Date of Amending Order or Notice Nature of "Order or Notice. Cause for Ee-gazetting Notices to Debtors in lieu of personal Service of Bankruptcy Notices and Petitions, and of Applications to commit for Contempt of Court (for " London Gazette ") ! | I o R •a R 1 1 a 1 O O «M<3 O .s g a rt +.. bojzj p, v oj n 358 SUPREME COURT OF JUDICATURE. [Law J. Notices, in lieu of personal Service, of Applications to commit Persons, other than Debtors, for Contempt of Court (for "London Gazette"). "a 0.2 ■h 5M a ° gs Mil rt * P o In what Matter Application made g 9 a 1st A** No. 24. tioe op Day fixed for Hearing Application by Bankrupt for his Discharge. (Title.) The bankrupt having applied to the Court for his discharge, the Court has fixed the day of 188 , at o'clock in the noon at for hearing the application. Dated the day of 188 . Registrar. To the Official Receiver, and Mr. trustee of the estate of the bankrupt. No. 25. Order of Discharge with Conditions under Section 28, Sub-section 6. (Insert proper title and heading, do., applicable to the High Court or to a County Court, as the case may be.) On the application of A.B., adjudged bankrupt on the day of 188 , and upon reading and hearing : It is ordered that the said Bankrupt be discharged, subject to the following condition, namely : : — He shall consent to judgment being entered agamst him in the Queen's Bench Division of Her Majesty's High Court of Justice (or as the case may be) by the Official Receiver (or trustee) for the sum of £ , being the balance of the debts provable under the bankruptcy which is not satisfied at the date of this order. And it is further ordered that upon such consent being given judgment may be entered in the Queen's Bench Division of the High Court of Justice (or as the case may be) for the said sum of £ , together with 11. 10s., for the costs of judgment. No. 26. Consent of Bankrupt to Judgment being entered under Section 28, Sub-section 6. Be I, A.B., of , the above-named bankrupt, do hereby consent . to judgment being entered against me in the Queen's Bench Division of Her Majesty's High Court of Justice (or as the case may be) by the Official Receiver (or trustee) for the sum of £ , being the balance of the debts provable under my bankruptcy which is not satisfied at the date of my discharge ; but this consent is subject to the provision contained in sub- section 6 of section 28 of the Bankruptcy Act, 1883, in regard to the issue of execution on such judgment. No. 27. Form of Judgment to be entered pursuant to the Consent. In the High Court of Justice, Queen's Bench Division. 18 No. Between Plaintiff, and A.B., Defendant. And in the matter of the bankruptcy of the said A.B. The day of 188 . Pursuant to the order of the High Court of Justice in Bankruptcy [or the County Court of holden at ] dated the day of . whereby it was ordered that Eeoite Substance of Order VOL. 55.J OEDEES AND EULES. asy And the consent mentioned in the said order having been given and filed in the matter of the said bankruptcy, It is this day adjudged that the plaintiff recover against the said defendant £ , together with 30s. for costs of judgment. Q.F., Solicitor for Plaintiff. No. 28. Notice op Transfer of Separate Estate to Joint Estate. In Bankruptcy. _ (Title.) Notice is hereby given that there being in the hands of the trustee in the above bank- ruptcy a surplus estimated at £ arising from the separate estate of [name of separate partner] one of the bankrupts, and there being no separate creditors of such bankrupt, it is the intention of such trustee, at the expiration of days from the appearance of this notioe in the Oaxette, to transfer such surplus to the credit of the joint estate in the said bankruptcy. (Signed) Trustee. No. 29. Affidavit by Special Manager. I, of , make oath and say as follows : — 1. The account hereunto annexed marked with the letter A, produced and shewn to me at the time of swearing this my affidavit, and purporting to b& my account as Special Manager of the estate or business of the above-named debtor, contains a true account of all and every sums and sum of money received by me or by any other person or persons by my order or to my knowledge or belief for my use on account or in respect of the said estate or business. 2. The several sums of money mentioned in the said account hereby verified to have been paid or allowed have been actually and truly so paid and allowed for the several pur- poses in the said account mentioned. 3. The said account is jus£ and true in all and every the items and particulars therein contained aocording to the best of my knowledge and belief. Sworn, &o. Schedule. Name of Creditor Address Description Amount of Debt Note.— The judgment debt must be inserted as well as all other debts. Note. — If any of the above creditors, in addition to the judgment creditor, have sued you in any Court, you must produce the summons or order in each case. No. 30. Eeport of Eegistrar where Witness refuses to answer. (Title.) At the [public] examination of [the above-named debtor] held before me this of 188 , the following question was allowed by me to be put to the said [ Q. Where, &c. The [debtor] refused to answer the said question. (or) The [debtor] answered the said question as follows : — A. [Answer.] I thereupon named this day of 188 , at for suoh [refusal to] answer to be reported to His Honour Judge day ]• as the time and place Eegistrar. 360 SUPEEME COURT OF JUDICATURE. [LAW J. No. 31. Notice of Day foe proceeding with Public Examination (for Local Paper.) (Title.) Notice is hereby given that the above-named Court has appointed day, the day of 18 , at o'clock, in the noon, for proceeding with the public examination of the above-named debtor, which, on the day of 18 , was adjourned sine die. Dated this day of 18 (Signed) Official Receiver. No. 32. (Amendment of Form 45.) Order of Discharge. On the application of A.B., of &c, adjudged bankrupt on the day of 188 , and having taken into consideration the report of the Official Receiver as to the bankrupt's conduct and affairs [and hearing the Official Receiver, and CD., E.F., &c, creditors, and G.H., the trustee, as the case may be.'] And whereas it has not been proved that the bankrupt has committed any misdemeanor under the Bankruptcy Act, 1883, or Part II. of the Debtors Act, 1869, and proof has not been made of any of the " facts " mentioned in sub-section 3 of section 28, or in section 29 of the Bankruptcy Act, 1883, or that the bankrupt has been guilty of any misconduct in re- lation to his property and affairs. It is ordered that he be and he hereby is discharged. or, And whereas the bankrupt has committed the following misdemeanor (or misdemeanors) / or under the Bankruptcy Act, 1883 I -■— * under Part II. of the Debtor's Act, 1869), viz. (here state particulars?) It is ordered that his discharge be and it is hereby refused. or, And whereas it has not been proved that the bankrupt has committed any misdemeanor under the Bankruptcy Act, 1883, or Part II. of the Debtors Act, 1869 ; but proof has been / or made of the following facts under sub-section 3 of section 28 I — 3 section 29) of the Bank- [or —5 that he has been guilty of misconduct in relation to his property and affairs], viz. (here state particulars.) It is ordered that his discharge be and it is hereby refused. or, It is ordered that he be discharged subject to the following conditions, viz. (here state conditions.) or, It is ordered that his discharge be suspended for (insert period), and that he be dis- charged as from the day of 188 , being (insert period) from the date of this order. Dated, &c. By the Court. Registrar. Note. — Form 127 (10) shall be amended by adding a column headed " grounds named in order for refusing an absolute order of discharge." No. 33. Local Advertisement in Summary Cases. In Bankruptcy. — Be A.B., of [insert here, as concisely as possible, name, address, and description of debtor, and add name of town in which Court held, and No. of proceeding, e.g., " Birmingham, No. 1, of 1886."] Receiving order made Date of order for summary administration Date and place of first meeting Date of public examination .... LAW JOUENAL EEPOETS, 1886. SUPREME COURT OF JUDICATURE. BANKRUPTCY ACT 1883. ORDER AS TO FEES AND PER-CENTAGES. I, the Eight Honourable Hardinge Stanley Baron Halsbury, Lord High Chancellor of Great Britain, Do, by virtue of the powers vested in me by the Bankruptcy Act, 1883, prescribe that the fees and per-centages in the scale hereto annexed shall, from and after the 24th day of October, 1886, be the fees and per-centages to be charged for or in respect of proceedings under the said Act, and shall be i taken in any Court having jurisdiction in Bankruptcy and in any office connected with any such Court, and in the Board of Trade and any office connected therewith, and by any officer paid wholly or partly out of public money attached to any such Court or to the Board of Trade. (Signed) HALSBUKY, C. Dated the 25th day of October, 1886. SCALE OF FEES AND PEB-CENTAGES. Table A. £ s. d. Every declaration by a debtor of in- ability to pay his debts . .050 Every bankruptcy notice . .'050 Every bankruptcy petition . .500 Every bond with sureties . . 10 Every affidavit filed (or report of an Official Beceiver in lieu of an affidavit), other than proof of debts 2 Every subpoena or summons under section 27 . ■ . . . .010 For taking an affidavit or an af- firmation, or attestation, upon honour in lieu of an affidavit or " a declaration, except for proof of debts, for each person making the same 16 Vol. Co.— Obders and Rcleb. And in addition thereto for each exhibit therein referred to and required to be marked On every proof of debt above 22. . Every petition under section 125 and every order of administration under section 125 (4) of the Act . Every special proxy or voting paper Every receiving order under sec- tion 103 of the Act . Every application for an order of discharge, including expense of • Gazetting . And for each creditor to be notified Every application to the Court under sections 18 and 23 to ap- prove a scheme, a fee computed at the following rates on the gross amount of the estimated assets (but not exceeding the gross amount of the unsecured liabili- ties), namely, 12. on the first 100?. or fraction of 1001., and 5s. on each 252. or fraction of 251. above 1002. up to 5,0002., and 2s. 6d. on each 252. or fraction of 252. above that amount • . Every application ' to the Court under sections 18 and 23 to ap- prove a composition, a fee com- puted at the following rates on the gross amount of the compo- sition, namely, 11. on the first 1002. or fraction of 1002., and 5s. on each 252. or fraction of 252. above 1002. up to 5,0002. ; and 2s. Od. on each 252. or fraction of 252. above that amount [Note. — Where a scheme or composition has not been ap- 2 Z d. 1 1 5 1 5 1 10 10 362 SUPREME COURT OF JUDICATURE. [Law J. £ s. d, proved by the Court, and a sub- sequent application is made to the Court to approve of another scheme or composition, one or other of the above fees (as the case may require) shall be charged, less seven eighths of the fee paid on the first application, and also of any net fee already paid under Table C.J . . '*. — Every application for search other than by petitioner, trustee, bank- rupt, or officer of the Court .010 Every application to the Court, ex- cept by the Official Receiver ".050 Every office copy, each folio of 72 words 4 On every record of trial . .500 or such less sum as the Court may specially order. Every allooatur by any officer of the Court for any costs, charges, or disbursements, Where the amount allowed shall not exceed 42 2 Where the amount exceeds 42. for every 22. allowed or a fraction thereof . . ." . .010 Every application to an Official Receiver to appoint & special manager or to carry on the busi- ness of a debtor . . .050 Every application by a committee of inspection to the Board of Trade for a local banking account 1 O Every order of the Board of Trade for a local banking account .200 Every application by a trustee to , an Official Receiver acting as committee of inspection under Rule 250 :— Where the assets are certified by the Official Receiver as not likely to realise more than 500? 5 Where the assets are likely to exceed 5002. . - . 10 '0 Every application under section 1G2 to the Board of Trade for pay- ment of money out of the bank- ruptcy estates account ; and every application for the re-issue of a lapsed cheque or money order in respect of moneys stand- ing to tho credit of , the bank- ruptcy estates account . .020 On one copy of tho cash . book, shewing assets realised, forwarded by the Official Re- ceiver or trustee to the Board of Trade, a fee according to the following scale on the gross amount of the assets realised and brought to credit, namely : 12. on the first 100Z. or frac- tion of 1001., and 5s. on each 252. or fraction of 252. above 100Z. up to 5,0002., and 2s. 6d. on each 252. or fraction of 252. above that amount. Provided that, where a fee has been taken on an application under sections 18 or 23, seven eighths of the amount thereof shall be deducted from this fee. Ta^le B. On the net assets realised or brought to credit by the Official Receiver, whether -acting as interim receiver, receiver, or trustee, after deducting any sums paid to secured creditors in respect of their securities and not "being assets realised by a special manager or moneys received and spent in carrying on the busi- ness of the debtor, and on the net assets realised by an Official Receiver when acting as trustee to administer a debtor's property under a composition or scheme, after deduct- ing any sums paid to secured creditors in respect of their securities, and not being moneys received and spent in carrying on the business of a debtor, a per-centage according to the following scale : — On the first 1,0002. or fraction thereof 52. % „ next 1,5002. „ „ 42. „ „ 2,5002. „ „ 32. „ „ 5,0002. „ „ 22. „ Above . 10,0002. „ „ 12. „ On the amount distributed in dividend by the Official Receiver, when acting as trustee under adjudications, schemes, or composi- tions, a per-centage according to the follow- ing scale : — On the first 1,0002. or fraction thereof 2J2. % „ next 1,5002. „ „ 22. „ „ 2,5002. ' „ „ 1^2. „ „ 5,0002. „ „ 12. „ Above . 10,0002. „ „ £2. „ £ s. d. For the Official Receiver acting as interim receiver of the property of a debtor under section 10 in ad- dition to the per-centage charge- able on realisations, on every order 8 And, in addition, where the order is in force for a longer period than fourteen days, for every seven days, after the first fourteen, and for every fraction of seven days . . > . .10 For each notice by an Official Re- ceiver to a creditor of a first or anv other meeting, or sitting of the Court 10 V Oil. OU.J UitJJJiKiS AJNJJ KUldSS. aes For each notioe by an Official Re- ceiver to a creditor of an ad- journed meeting or an adjourned sitting of the Court . . .0 6 For the Official -Receiver supervising a special manager or the carrying on of a debtor's business a fee acoording to the fol- lowing scale : — If the gross assets are estimated by the Official Receiver not to exceed 5001. . . .12. per week. If to exceed 5001. but not to exceed 5,0002. . . .22. „ If to exceed 5,0002. but not to exceed 10,0002. . . . 32. „ If to exceed 10,0002. but not to exceed 20,0002. . . .42. „ If- to exceed 20,0002. . . 52. „ £ s. d. Room for meeting or adjourned , meeting of creditors summoned by Official Receiver, for each cre- ditor to whom notice ha? been given of such meeting, but not exceeding in summary adminis- trations 22. for each meeting ; and in non-summary adminis- trations not exceeding 52. for each meeting . . ! . .010 Travelling, keeping possession, and other reasonable expenses of Official Receiver, the amount disbursed — For official stationery, printing, books, forms, and postages, each estate : — For every ten creditors or frac- tion of twenty . . . 10 For every ten applications to debtors to an estate, or frac- tion of ten . . . .020 On every payment under section 162 of money, out of the bankruptcy estates account threepence on each pound or fraction of a pound to be charged as follows : — "Where the money consists of unclaimed dividends, on each dividend paid out ; Where the money consists of undistributed funds or balances, on the amount paid out. Table. C. High bailiff for attending sittings of the Court, under each receiving order, in summary cases, per case 4 High bailiff -for attending Court in non-summary oases, per case .000 £ a. d. Serving every .bankruptcy notice, bankruptcy petition, or subpoena or receiving or other order (not serviceable by post) within two miles, including affidavit of ser- vice 3 6 If serviceable by post . . .010 Executing every warrant of seizure, or search warrant, or warrant of apprehension, or order of commit- ment, within two miles of Court- 10 Keeping possession under a war- rant, for each day the man is ac- tually in possession ; including affidavit of possession boing actu- ally kept . , . . . .046 (not less than 3s. Gd. of the above sum is to be paid to the man in possession, and , his receipt produced.) High bailiff's, or (in the London , district) officer's man, travelling to place of possession, or to exe- cute a warrant of or order of commitment, or to serve a sum- mons or subpoena, or for any other purpose specially directed by the Court, per mile . .005 His time, per day, where distance exceeds ten miles . . .046 His expenses, per day . . .046 If high bailiff of a County Court' or bankruptcy officer of Supreme Court directed by the Court per-' sonally to travel, per mile . .007 His time, per day . . . . 10 His expenses, per day . . . 10 Table D. The fees and allowances payable on pro- ceedings had after the 24th day of October, 1886, in respect of any matter which was pend- ing in any Court having jurisdiction in bank- ruptcy on the thirty-first day of December, 1883, shall be the same as if those proceed- ings had been taken before such last-men- tioned day, and shall be applied to the same purposes : Provided that where the Official Receiver acts as trustee under the provisions of sections 159, 160, and 161, the fees pay- able shall be : — (1.) For realisations by him, the same scale as in realisations under Table B. ; (2.) For distribution : — On amounts not exceeding 1,0002. 2 per cent. ,, above 1,0002. .1 „ The Official Receiver shall also be allowed all proper out of pocket expenses. Where he 3t)4 SUPREME COURT OP JUDICATURE. [Law J. executes any conveyance or transacts any legal or other business at the instance of third parties, the parties interested shall be required to pay for his time occupied and for that of his clerks according to such scale as the Board of Trade may from time to time prescribe, and to pay all legal or other neces- sary expenses incurred by him. Table E. For every order of administration under section 122, two shillings in the pound on the total amount of the debts scheduled from tim e to, time, excluding any fraction of a pound in such total. We, the undersigned, Lords Commissioners of Her Majesty's Treasury, do hereby sanction the foregoing scales of fees and per-centages, and do direct that the fees to be taken by stamps shall be those mentioned in Table A., and that the fees mentioned in Tables B., C, D., and E. shall be taken in money, except that, such of the fees and allowances referred to in Table D. as have hitherto been taken by stamps shall continue to be taken by stamps : the stamps to be used shall be Bank- ruptcy fee stamps, with the exception of the penny stamp on every special proxy or voting paper, which may be a Postage and Inland Revenue Stamp. And we further direct that wherever prac- ticable the stamp shall be affixed or the money paid in respect of every fee mentioned in Tables A., B., C., and D., before the pro- ceeding is had in respect of which the fee is payable, and that the charge to be made by the London Gazette for the insertion of each notice authorised by the Act or Rules shall be five shillings. (Signed) Sidney Herbert. W. H. Walrond. Dated the 25th day of October, 1886. OEDER AS TO STAMPS. ORDER as to the PEES and PER-CENT- AGES which are required to be taken for Bankruptcy Proceedings in the High Court of Justice and Court of Appeal by means of Stamps, amending the pre- vious Order on the same subject, published in the Supplement to the London Gazette. Whereas by section 3 of the Public Offices Fees Act, 1879, it is provided that the Trea- sury may from time to time make, and when made, revoke, alter, and add to, regulations for all or any of the following purposes re- specting fees in any Public Office, that is to say,— _ . (1.) Regulating the manner in which the fees taken in money are to be taken, ac- counted for, and paid over. (2.) Determining the use of impressed or 1 adhesive stamps, and the mode of can- cellation of adhesive stamps. (3.) Regulating the use of stamps and pre- scribing the application thereof to docu~ ments from time to time in use, and requiring documents to be used for the purpose of such stamps. Provided that so far as they relate to the pffice of any Court of law, they shall be made with the consent of the Lord Chanoellor. Now We, the undersigned, being two of the Lords of Her Majesty's Treasury, do, with the concurrence of the Lord Chancellor, hereby give notice and order and direct : — That from and after the 25th day of October, 1886, in lieu of any regulations on the sub- ject heretofore in force, the stamps used for denoting the fees and per-centages described in the Schedule hereto subjoined shall, so far as they are payable in regard to -proceedings in the High Court of Justice and Court of Appeal, be of the character and be applied and otherwise dealt with as prescribed by such Schedule. And we do further enjoin that this Order shall be binding on all Courts, Officers, and persons whom such regulations may in any way affect. The adhesive stamps herein referred to shall be of the description overprinted with the word " Bankruptcy," except where other- wise provided. They shall be cancelled by the various Court or other officials by per- foration or in such manner as the Commis- sioners of Inland Revenue may from time to time direct. The impressed stamps also shall be of such character as the said Commissioners may adopt for the purpose. The official forms with impressed or adhe- sive stamps (as the case may be) required in respect of any proceedings herein referred to may be obtained at the Inland Revenue Offices, Royal Courts of Justice. Persons may, however, in addition have their own forms stamped at that offioe or at the cor- responding office at Somerset House. VOL. 00.J UKUJUUS AJ>UJ JXUJjJiO. i)DO The Schedule above referred to. Every declaration by a debtor of inability to pay bis debts. Every bankruptcy notice .... Every bankruptcy petition Every bond -with sureties .... Every affidavit (or report) filed other than proof of debts. Every subpoena or summons under section 27.' For taking an affidavit or an affirmation, or attestation upon honour in lieu of an affidavit or a declaration, except for proof of debts ; and in addition thereto for each exhibit therein referred to. Every proof of debt above 21. Every petition under seotion 125 of the Aot and every order, of administration under section 125 (4). Every speoial proxy or voting paper . Every receiving order under section 103 of the Act. Every application for an order of discharge. And for each creditor to be notified . Every application to the Court under sec- tions 18 and 23 to approve a scheme. Every application to the Court under sections 18 and 23 to approve a com- position. Every application for search other than by petitioner, trustee, bankrupt, or officer of the Court. Every application to the Court except by the official receiver. Every office copy Every record of trial Every allocatur by any officer of the Court for any costs, charges, or disbursements. Dooument to be stamped. Declaration Notice Petition . Bond Affidavit . Subpoena or summons. Affidavit . Proof Petition or order. Proxy or voting paper. Order Application Application Application Application Search Application Office copy Record Allocatur . Character of Stamp to be used. Regulations and Observations. Impressed. Impressed. Impressed. Impressed. Impressed or adhesive. Impressed. Impressed or adhesive. . Impressed or adhesive. Impressed. Impressed or adhesive. Impressed. Impressed. Adhesive except where number exceeds 20. Impressed. Impressed. A Postage or In- land Eevenue stamp may be used. Impressed. Impressed. Impressed or adhesive. Impressed. Impressed or ' adhesive. (Signed) Dated the 25th day of October, 188G. I concur in this Order, (Signed) Sidney Herbert, W. H. Walrond, Two of the Lords of Her Majesty's Treasury. HALSBUEY, C. Pbinted by Spottis'woode & Co. 54 Gracechurch Street ; and -New-street Square. LAW JOURNAL REPORTS. 1887. SUPREME COURT OF JUDICATURE. SUMMARY JURISDICTION ACTS. CONTENTS. RULES. SCHEDULE. 1. Short title. 2. Commencement. 3. Register. 4. Special appropriation of fine under a statute. 5. Returns. 6. Form of account of fines, Sec. 7. Rule as to sums of which payment is de- 1. ferred or to be made by instalments. 2. 8. Provisions for dispensing with unnecessary 3. accounts. 4. 9. Entry of receipts by clerk. 6, 10. Remitted fees book. 6. 11. Crown fines. 7, 12. Application of sum due under forfeited 8, security. 13. Taking of recognisances by Governor of 9. prison. 10. 14. Form of security under Act. 11. .15. Security book. 12, 16. Notice to principal of forfeiture of security. 13. 17. Mode of application to vary order for 14. sureties. 15. 1 8. Time for stating special case. 19. Particulars of claim for civil debt. 16. 20. Judgment summons. 21. Service of judgment summons. 17. 22. Issue and proof of service of judgment 18. summons. 19. 23. Time of service. 20. 24. Adjournment of hearing of judgment sum- 21. mons. 22. 25. Witnesses on judgment summons. 23. 26. Date of order of commitment. 24. 27. Payment by judgment debtor. 25. 28. Discharge of judgment debtor. 29. Costs of plaintiff in enforcing order. 26. 30. Fee for taking declaration. 31. Forms. 27, 32. Annulment of forms and rules. Vol. 56.— Orders and Rules. PART I. Forms^in Summary Proceedings othee than for Civil Debts. Information or complaint. Summons to defendant. Summons for forfeiture of recognisance. Summons to vary sureties, &c. Summons to witness. Warrant for apprehension of defendant. Warrant for apprehension of a witness. Warrant for apprehension of witness in first instance. Commitment of witness. Commitment on remand, &c. Conviction for penalty, &c. Conviction (imprisonment). Conviction (forfeited recognisance). Conviction of child for indictable offence. Conviction (by. consent) for indictable offence. Conviction (on plea of guilty) for indictable offence. Conviction (with security). Order for money (not a civil debt). Older for other matters. Order of recognisance to keep the peace, Sec. Order of dismissal. Order of dismissal with damages. Certificate of dismissal. Warrant of distress (for penalty, Sec). Warrant of distress on an order for money (not a civil debt), or costs, &c. Warrant of distress for sum due under re- cognisance. Return of insufficient distress io be indorsed on warrant. A SUPREME COURT OF JUDICATURE. [Law J, 28. Account of charges incurred on a warrant of distress. 29. Commitment in lien of distress. 30. Commitment pending return to warrant of distress. 31. Commitment in default of distress. 32. Commitment for a penalty without distress. 33. Commitment on sentence of imprisonment only. 34. Commitment on an order in the first in- stance. 35. Endorsement on process. 30. Recognisance. 37. Endorsement of forjeiture of recognisance. 38. Endorsement mitigating forfeiture, &c. 39. Notice of recognisance to be given to the defendant and his sureties. 40. Security for penalty, &c. 41. Security to perform condition of forfeited recognisance. 42. Notice to principal of forfeiture of security. 43. Order varying order for sureties. 44. Order to bring up prisoner for bail. 45. Notice to parent or guardian of child charged with an indictable offence. 46. Declaration of service. 47. Declaration as to handwriting and seal. 48. Certificate of costs of prosecution of indict- able offence dealt with summarily. 49. Certificate of clerk of the peace that the costs of an appeal have not been paid. PART II. foems applicable to proceedings fob the Recovery op a Civil Debt. 1. Complaint. 2. Summons to appear. 3. Summons to witness. 4. Judgment. ii. Judgment summons. G. Order of commitment. 7. Certificate for discharge from custody. 8. Distress warrant. 9. Undertaking to pay civil debt. PART III. General Forms. 1. Register. 2. Account of fines and fees. 3. Remitted fee book. 4. Return of exchequer fines, penalties, &c. Table shewing the correspondence between the Forms scheduled to 11 & 12 Vict. c. 43. and the Consolidated Forms. Schedule to 11 & 12 Vict. P 3 Schedule to 11 & 12 Vict. c. 48 A B C D E F G 1 G 2 G 3 G 4 H I 1 I 2 I 3 K 1 K2 K3 L M N 1 N2 N 3 N4 N5 01 02 P 1 P 2 Consolidated Forma. 2. 6. 6. . 10. 36. . 37. 5. 7. 9. 10. 11, 11. 12. 18. 18. 19. 21. 23. 24. 25. 35. 27. 31. :s2. 34. 33. 32 Consolidated Forms. 24. 25. 31. . 25. . 31. . 49. B. Table shewing the correspondence between the Forms scheduled to the Summary Jurisdiction Rules, 1880, and the Consolidated Forms. PART I. Summary Jurisdiction Rules, 1880. Consolidated Forms 1 3. 2 4 3 . 35. 4 7. 6 11. 6 11. 7 12. 8 12. 9 . 11. 10 18 11 . 20. 12 13. 13 . 14. 14 15. 15 . 15. 16 . 16. 17 21. 18 21. VOL. 5S.J OKil-EKS AJNJJ WULiKIS. ry Jurisdiction Rules, 1880. Consolidated Forms. Summary Jurisdiction Rules, 1880. Consolidated Forms 19 22. 39 . 42. 20 . 17. 40 . *3. 21 21 41 . 22 25. 42 . 44. 23 . 25. 43 . 45. 24 . 26. 44 1 6. 25 . 25. 45 . 47. 26 . 26. ■16 . 48. 27 29. 17 . 28. 28 . 30. 21) . 31. PART 11. 30 . 31. 1 2. 31 33. 2 3. 32 — 3 1. 33 MB. 4 4. 31 37. 5 5. ;{,-, 38. 6 6. ;tt; . 36. 7 7. 37 . 40. 8 8. 38 41. 9 y. EMPLOYERS AND WORKMEN ACT, 1875. RULES. 1. Short title and commencement- 2. Procedure. 3. Set-oil or counterclaim. 1. Names of plaintiffs claiming upon common circumstances to be inserted in one sum- mons. 5. Defendant may object that a plaintiff's claifn should be heard separately. 6. Determination of first-named plaintiff's claim to determine the other. 7. Where summons dismissed. 8. Where claimants succeed. 9. New trial. 10. Fees. 11. Costs. 12. Forms. 13. Annulment. SCHEDULE. Order rescinding contract. Order for performance of contract. Undertaking by defendant to perform con- tract. FEES. ■SUPREME COURT OF JUDICATURE. [LAW J. SUMMARY JURISDICTION ACT, 1879. EULES. 1. These Rules may be cited as the Summary Jurisdiction Rules, 1886. 2. These Rules shall come into operation on the first day of January, 1887. 3. The clerk of each Court of Summary Jurisdiction shall keep the register required to be kept by him in pursuance of the Summary Jurisdiction Act, 1879, with such particulars as appear by the form in Part III. of the Schedule hereto. 4. Where in pursuance of any statute a Court of Summary Jurisdiction specially directs the appropriation of a fine, the statute under which the appropriation is made shall be set forth in the register and authenticated by the signature of the justice or one of the justices constituting the Court. 5. The return referred to in section twenty-two, sub-section (4) of the Summary Jurisdic- tion Act, 1879, shall contain the particulars required to be entered in the register. The justice signing any such return shall cause it to be sent to the clerk who keeps the register for his Petty Sessional Division, and that clerk shall enter the return in his register. 6. The form of account to be rendered by clerks of Courts of Summary Jurisdiction of fines, fees, and other sums received by them shall be the form given in Part III. of the Schedule hereto, or a form to the bike effect approved by the local authority under the Jus- tices' Clerks Act, 1877, and shall be rendered quarterly or at any less interval as may be directed by that authority. Provided that nothing in this rule shall apply to the Police Courts of the Metropolis, Chatham, or Sheerness. 7. All fines imposed by a Court of Summary Jurisdiction shall appear in this account in chronological order, and where payment is deferred or to be made by instalments, the fact shall be shewn in the column headed " Remarks." When the whole of the sum has been paid or recovered by distress, or the term of imprisonment imposed in default of payment or of sufficient distress has expired, the clerk shall then enter the sum in the account. Pro- vided that, though the whole of the sum may not have been paid or reoovered, the instalments received shall be accounted for at such times and in such manner as the above-mentioned local authority may direct. '8. Where a clerk of a Court of Summary Jurisdiction renders an account in the form required or authorised by these Rules to the authority to whom he is required to render it, he shall not be required to render any other account relating to the same particulars. 9. The clerk of each Cotu-t of Summary Jurisdiction shall enter on the day of its receipt each sum of money received by him on any account whatever. Each instalment so received shall be entered in a book called the Instalment Ledger to an account to be opened in respeot of the proceeding in which the sum is paid. 10. The book required to be kept by section twelve of the Act 14 & 15 Vict. c. 55. shall be kept according to the form in Tart III. of the Schedule hereto, and shall be called the Re- mitted Fees Book. 11. The clerk of each Court of Summary Jurisdiction shall send on the tenth day of January, April, July, and October in each year to the Secretary of State for the Home Department, Whitehall, without paying the postage, a certified statement, in the form in Part III. of the Schedule hereto, of all fines whioh have been imposed by the Court during the previous thre_e months, and which are payable wholly or in part to Her Majesty or to the Exohequer. If no suoh fines have been imposed, the statement shall be certified in blank. 12. Where a Court of Summary Jurisdiction has enforced payment of any sum due by n principal in pursuance of a security under the Summary Jurisdiction Act, 1879, which appears to the Court to be forfeited, the sum shall, unless it is recoverable as a civil debt, be paid to the clerk of the Court, and shall be paid and applied by him in the manner in whioh fines imposed by the Court, in respect of which fines no special appropriation is made, are payable and applicable. 13. Where a Court of Summary Jurisdiction has fixed as vespocts any recognisance the amount in which a principal and a surety or sureties are to be bound, the Governor of a prison shall not be required to take the recognisance of any person proposed as surety, unless the person so proposed produces a certificate in writing from a, Court of Summary Jurisdio- VOL. 56.J ORDERS AND RULES. 3 Summary Jurisdiction Acts. tion, or a clerk thereof, that he has satisfied the Court or clerk of his ability to pay the amount for which he is to be bound in the event of the recognisance becoming forfeited. 14. Any security given under the Summary Jurisdiction Act, 1879, by an oral or written acknowledgment shall be in the form of an undertaking, and may be in the appropriate form in Part I. or Part II. of the Schedule hereto, or in any other form to the like effect. 15. The clerk of each Court of Summary Jurisdiction shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding before the Court, the name and address of each person bound, shewing whether he is bound as prin- cipal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. "Where any such security is not entered into before the Court, or before the clerk of the Court, the person before whom it is entered into shall make a return of it, shewing the above particulars, to the clerk of the Court. The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register. 16. Not less than two clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Summary Jurisdiction Act, 1879, the clerk of the Court of Summary Jurisdiction issuing the warrant shall cause notice of the for- feiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Summary Jurisdiction Acts. 17. An application under section twenty-six of the Summary Jurisdiction Act, 1879, shall be an application for a, summons requiring the complainant to shew cause why the order made on his complaint should not be varied. 18. An application to a Court of Summary Jurisdiction under section thirty-three of the Summary Jurisdiction Act, 1879, to state a special case shall be made in writing, and a copy left with the clerk of the Court, and may be made at any time within seven clear days from the date of the proceeding to be questioned, and the case shall be stated within three calendar months after the date of the application and after the recognisance shall have been entered into. 19. In the case of a claim for a civil debt recoverable summarily, the particulars of the claim shall, unless embodied in the summons, be annexed to and, if so annexed, shall be deemed part of the summons. 20. An order of commitment under section thirty-five of the Summary Jurisdiction Act, 1879, shall not be made unless a summons to appear and be examined on oath (hereinafter called a judgment summons) has been served on the judgment debtor. 21. The judgment summons shall, whenever it is practicable, be served personally on the judgment debtor, but if it is made to appear on oath to a Court of Summary Jurisdiction that prompt personal service is for any reason impracticable, the Court may make such order for substituted or other service as the Court may think just. 22. A judgment summons may issue although no distress warrant has been applied for, and its service, where made out of the jurisdiction of the Court of Summary Jurisdiction issuing the summons, may be proved by affidavit or solemn declaration. 23. A judgment summons shall be served not less than two clear days before the day on which the judgment debtor is required to appear. 24. The hearing of a judgment summons may be adjourned from time to time. 25. Any witness may be summoned to prove the means of the judgment debtor, in the same manner as witnesses are summoned to give evidence on the hearing of a complaint. 26. An order of commitment made under section thirty-five of the Summary Jurisdiction Act, 1879, shall, on whatever day it is issued, bear date on the day on which it was made. 27. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the governor of a prison, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and on receiving that amount the officer shall discharge the defendant, and shall forthwith pay over the amount to the clerk of the Court of Summary Jurisdiction which made the order. 28. The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the clerk of the Court of Summary Jurisdiction from which the commitment order was issued, or to the governor of the prison in whose custody the prisoner is. Where it is paid to the clerk, he shall sign a certificate of the pay- ment, and upon receiving the certificate by post or Otherwise the governor of the prison in whose custody the prisoner then is shall forthwith discharge the prisoner. Where it is paid to the governor of the prison, he shall, on payment to him of that amount, with costs sufli- 6 SUPEEME COURT OF JUDICATURE. [LAW J. Summary Jurisdiction Acts. cisnt to pay for sending the amount by post office-order or otherwise to the Court of Summary Jurisdiction under the order of which the prisoner was committed, sign a certificate of the payment, and discharge the prisoner, and forthwith transmit the sum so received to the clerk of the said Court. 29. All costs incurred by the plaintiff in endeavouring to enforce an order shall, unless the Court shall otherwise order, be deemed to be due in pursuance of the order, as if it were made under section five of the Debtors Act, 1869. 30. The fee for taking a declaration under section forty-one of the Summary Jurisdiction Act, 1879, shall be one shilling. 81. The forms in the Schedule hereto, or forms to the like effect, may be used, with such variations as circumstances may require. 32. The forms in the Schedule to the Summary Jurisdiction Act, 1848, the Summary Jurisdiction Rules, 1880, with the forms in the Schedule thereto, the Summary Jurisdiction Rules of the 24th of August, 1880, and the Summary Jurisdiction Rule of 1881, are hereby annulled. (Signed) HERSCHELL, C. The 16th July, 1886. SCHEDULE. PAKT I. Forms is Summary Proceedings other than for Civil Debts. 1. — Information ok Complaint. In the [county of . Petty Sessional Division of ]. The day of one thousand hundred and The information [or complaint] of CD. of (address and description), who upon oath for affirmation] states that A.B. of (address and description) on the day of , at , in the aforesaid, did Taken for me, J.P. Justice of the Peace for the [county] aforesaid. 2. — Summons to Defendant. In the [county of . Petty Sessional Division of ]. Information on oath [or affirmation] has been laid [or Complaint has been made] this day by for that you on the day of at in the aforesaid, did . You are therefore hereby summoned to appear before the Court of Summary Jurisdiction sitting at on day the _ day of , at the hour of in the noon, to answer to the said information [or complaint]. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. 3. — Summons foe Forfeiture of Recognisance. In the [county of . Petty Sessional Division of ]. To A.B. of You are hereby summoned to appear before the Court of Summary Jurisdiction sittmg at on day the day of , at the hour of in the VOL. 56.] ORDERS AND RULES. 7 Suimimiy Jtmsdietion Acts. noon, to shew cause why the recognisances entered into the day of whereby you are bound to pay the sum of should not be adjudged to be forfeited. Dated the day of one thousand hundred and J.P., , Justice of the Peace for the [county] aforesaid. ' 4. — Summons to vary Sureties, &c. In the [county of . Petty Sessional Division of ]. ToA.B. of You are hereby summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, to shew cause why the order made by the Court of Summary Jurisdiction aforesaid [or sitting at ], on the day of , against to find surety should not be varied or otherwise dealt with. Dated the day of one thousand hundred and J.P., , , Justice of the Peace for the [county] aforesaid. 5. — Summons to Witness. In the [county of . Petty Sessional Division of ]. To E.P. A.B. has been charged by for that he on the day of , at in the aforesaid, did And it appearing to me by the oath [or affirmation] of that you are likely to give material evidence therein on behalf of the informant [or complainant or defendant], and will not voluntarily appear for that purpose. You are therefore hereby summoned to appear before the Court of Summary Jurisdiction sitting at , on day the day of , at the hour of in the noon, to testify what you know in such matter. Dated the day of one thousand hundred and Justice of the Peace for the [county] aforesaid. 6. — Warrant for Apprehension of Defendant. In the [county of . Petty Sessional Division of ]. To each and all of the constables of Information on oath [or affirmation] has been laid [or Complaint has been made] this day [or on the day of ] by that A.D. hereinafter called the defen- dant on the day of at in the aforesaid, did [Where the defendant has been summoned, and has not appeared, add And the defen- dant was thereupon summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of at the hour of in the noon, to answer to the said charge : And oath [or affirmation, or declaration] has been made that the defendant was duly served with the summons, but did not appear, and that such information [or complaint] is true.] You are therefore hereby commanded to bring the defendant before the Court of Sum- mary Jurisdiction sitting at forthwith [or on the day of , at the hour of in the noon], to answer to the said information [or complaint]. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. 8 _ SUPREME COURT OF JUDICATURE. [LAW J. Stimmary Jurisdiction Aots. 7. — Warrant foe Apprehension of a Witness. In the [county of . Petty Sessional Division of ]. To each and all of the constables of E.F. was duly summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, to testify what he should know concerning a certain information [or complaint] against A.B. : And he has neither appeared thereto, nor offered any just excuse for his neglect : And it has been proved on oath [or affirmation] that the summons has been duly [in- dorsed and] served on him, and that a reasonable sum has been paid [or tendered] to him for his costs and expenses in that behalf. You are therefore hereby commanded to bring him before the Court of Summary Juris- diction sitting at forthwith [or on the day of , at the hour of in the noon], to testify what he knows concerning the said matter. Dated the day of one thousand hundred and Justice of the Peace for the [county] aforesaid. V J 8. — Warrant for Apprehension of Witness in First Instance. In the [county of . Petty Sessional Division of ]. To each and all of the constables of the of A.B. has been charged by for that he on the clay of , at in the aforesaid, did And it appearing to me by the oath [or affirmation] of that E.F. is likely to give material evidence concerning the said matter, and that it is probable he will not attend to give evidence unless compelled .so to do : You are therefore hereby commanded to bring him before the Court of Summary Juris- diction sitting at forthwith [or , on the day of at the hour of in the noon], to testify what he knows concerning the said matter. Dated the day of one thousand hundred and Justice of the Peace for the [county] aforesaid. I » . i 9. — Commitment of Witness. In the [county of . Petty Sessional Division of ]. To each and all of the constables of , and to the Governor of Her Majesty's prison at ... E.F., having appeared or being brought before the Court of Summary Jurisdiction sitting a t on day, the day of , to testify what he should know con- cerning a certain matter against A.B., refused to take an oath [or affirmation] [or having taken an oath or affirmation] refused to answer any [or a certain] question put to him con- cerning the premises, and did not offer any just excuse for his refusal : You the said constables are therefore hereby commanded to convey the said E.F. safely to the said prison, and there deliver him to the Governor thereof, together with this warrant, and you, the Governor of the said prison, to receive him into your custody, and keep him for the space of , unless he in the meantime consents to be examined and answer concern- ing the premises. Dated the day of one thousand hundred and VOL. 56.J OEDEES AND RULES. 9 Summary Jurisdiction Acts. 10 Commitment on Eemand, &c. In the {county of . Petty Sessional Division of ]. To each and all of the constables of , and to the Governor of Her Majesty's prison at A.B., hereinafter called the defendant, being brought before the Court of Summary Juris- diction sitting at , charged with having The hearing of the case being adjourned : You the said constables are therefore hereby commanded to convey the defendant to the said prison, and there to deliver him to the Governor thereof, together with this warrant, and you, the Governor of the said prison, to receive him into your custody, and keep him until the day of 18 , and on that day to convey him before the Court of Summary Jurisdiction sitting at at the hour of in the noon, to be further dealt with according to law. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. Indorsement where Ba/il is allowed, I hereby certify that I consent to the defendant being bailed, himself in pounds, and sureties in pounds each. 11. — Conviction for Penalty, &c. In the [county of . Petty Sessional Division of, J. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B., hereinafter called the defendant, is this day convicted for that he, on the day of , at within the aforesaid did And it is adjudged that the defendant for his said offence do forfeit and pay the sum of and do also pay the further sum of for compensation and for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is adjudged that [the sums due under this adjudication be levied by distress and sale of the defendant's goods, and in default of sufficient distress that] the defendant be imprisoned in Her Majesty's prison at and there kept [to hard labour] for the space of unless the said sums [and all costs and charges of the [said distress and] commitment and of his conveyance to the said prison] be sooner paid. J.P., Justice of the Peace for the [county] aforesaid. ' Indorsement where Security for Payment is permitted. It is ordered that the defendant be at liberty to give to the satisfaction of [this Court] security in the sum of with suret in the sum of [each] for the due payment of the said sums as adjudged. Note. — It may be convenient in practice to have separate forms printed off for the different forms of adjudication. 12. — Conviction (Imprisonment). In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B., hereinafter called the defendant, is this day convicted for that he, on the day of , at , within the aforesaid, did And it is adjudged that the defendant, for his said offence, be imprisoned in Her Majesty's prison at and there kept [to hard labour] for the space of [If costs are ordered add : — And it is ordered that the defendant pay to the sum of for costs [by Vol. 56.— Obders and Rules. 2? iU SUFKEMJS UOUKT O*' J UVLVAXU MS. |_1jAW J. Summary Jurisdiction Acts. instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of commencing at the termination of the imprison- ment before adjudged, unless the said sum [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid.] J.P., Justice of the Peace for the [county] aforesaid. 13. — Conviction (Forfeited Recognisance). In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B., hereinafter called the defendant, was by his recognisance entered into the day of , bound in the sum of , and his sureties CD. and B.F. in the sum of each, the condition of the recognisance being that the said defendant should : And it being now proved that the defendant was on the day of , con- victed of the offence of having , the same being a breach of the said condition : It is therefore adjudged that the said recognisance be forfeited, and that the said pay to the sum of , and the farther sum of or costs, [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is ordered that the sum due from the said under this adjudication be levied by distress and sale of his goods, and in default of sufficient dis- tress that he be imprisoned in Her Majesty's prison at for the space of unless the said sums [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison], be sooner paid. JJ> - . /seal. ) Justice of the Peace for the [county] aforesaid. I / 14. — Conviction of Child for Indictable Offence. In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B., hereinafter called the defendant, being a child within the meaning of the Summary Jurisdiction Act, 1879, and above the age of seven years, is this day convicted, without ob- jection of the parent or guardian, for that he on the day of at , in the aforesaid, did : And it is adjudged that [proceed as m other forms of conviction ; if whipping is ordered, insert either i/n addition to or in substitution for any other punishment, — And that the defendant, being a male child, be, as soon as practicable, privately whipped with strokes of a birch rod]. JJ> - . /^SealM Justice of the Peace for the [county] aforesaid. V J 15. — Conviction (by consent) for Indictable Offence. In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B., hereinafter called the defendant, being an adult [or a young person] within the VOL. 56.] ORDERS AND RULES. 1 1 Summary Jurisdiction Acts. meaning of the Summary Jurisdiction Act, 1879, is this day charged for that he on the day of at in the aforesaid, did : The defendant, having consented to he dealt with summarily, is convicted of the said offence : And it is adjudged that [proceed as in other forms of conviction ; if whipping is ordered, insert either in addition to or in substitution for any other punishment, — And that the defendant, being a male under the age of 14 years, be, as soon as practicable, privately whipped with strokes of a birch rod]. J.P., Justice of the Peace for the [count//] aforesaid. 16. — Conviction (on Plea or Guilty) foe Indictable Offence. In the [county of . Petty Sessional Division of ]. < Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B., hereinafter called the defendant, is this day charged for that he on the day of , at in the aforesaid, did : And the defendant having pleaded guilty to the charge, is convicted of the offence, and is adjudged to be imprisoned in Her Majesty's prison at and there kept [to hard labour] for the space of [If costs are ordered, add : — ■ r And it is ordered that the defendant pay to the sum of for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for. the space of commencing at the termination of the imprison- ment before adjudged, unless the said sum [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid. J.P., Justice of the Peace for the [county] aforesaid. 17. — Conviction (with Security). In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand ' hundred and A.B., hereinafter called the defendant, is this day convicted for that he on the day of , at in the aforesaid, did : But the Court being of opinion that the said offence was of so trifling a nature that it is inexpedient to inflict any [or any other than a nominal] punishment, and the defendant having given security to the satisfaction of this Court to appear for sentence when called upon [or to be of good behaviour], he is discharged : [If costs are ordered, add : — Aid it is ordered that the defendant pay to the said the sum of for costs [by instalments of for every days, the first instalment to be paid] forth- with [or on the day of ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in Her Majesty's prison at for the space of unless the said sum Tand all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid.] Justice of the Peace for the [county] aforesaid. 12 SUPREME COURT OF JUDICATURE. [LAW J Summary Jurisdiction Acts. 18. — Order for Money (not a Civil Debt). In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B. having made a complaint that CD., hereinafter called the defendant, on the day of , at _ within the aforesaid, did : On hearing the said complaint, it is ordered that the defendant pay to the said the sum of , and also the sum of for costs, [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is ordered that [the said sums be levied by distress and sale of the defendant's goods, and in default of sufficient distress that] the defendant be imprisoned in Her Majesty's prison at and there kept [to hard labour] for the space of , unless the said sums [and all costs and charges of the [said distress and] commitment and of his conveyance to the said prison] be sooner paid. J.P., Justice of the Peace for the [county] aforesaid. 19. — Order for other Matters. In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A.B. having made a complaint that CD., hereinafter called the defendant, on the day of at in the aforesaid, did : On hearing the said complaint, it is ordered that the defendant do : [If imprisonment is ordered, add : — And it is adjudged that if the defendant neglect or refuse to obey this order, he be imprisoned in Her Majesty's prison at for the space of [or unless the said order be sooner obeyed]. [If costs are ordered, add : — And it is ordered that the defendant pay to the said the sum of for costs [by instalments of for every days, the first instalment to be paid] forth- with [or on the day of ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of commencing at the termination of the imprison- ment before adjudged, unless the said sum [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid]. J.P., 'Seal J Justice of the Peace for the [county] aforesaid. V 'J 20. — Order of Recognisance to keep the Peace, &c. In the [county of . Petty Sessional Division of .] Before the Courtof Summary Jurisdiction sitting at The day of one thousand hundred and A.B. having made a complaint that CD., hereinafter called the defendant, on the day of at , in the aforesaid, did : It is adjudged that the defendant do forthwith to the satisfaction of enter into a recognisance in the sum of" with suret in the sum of [each] to keep the peace and be of good behaviour towards Her Majesty and all her liege people, and especially towards the complainant, for the term of now next ensuing : And it is adjudged that if the defendant fail to comply with this order he be imprisoned in Her Majesty's prison at for the space of unless he sooner complies with this order. [If costs are ordered, add : — And it is ordered that the defendant pay to the said the sum of for VOL. 56.] ORDERS AND RULES. 13 Summary Jurisdiction Acts. costs [by installments of for every days, the first instalment to be paid] forth- with [or- on the day of ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of commencing at the termination of the imprison- ment before ordered, unless the said sum [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid.] J.P., Justice of the Peace for the [county] aforesaid. 21. — Order of Dismissal. In the [county of . Petty Sessional Division of .] Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and Information [or complaint] having been laid [or made] by that A.B., herein- after called the defendant, on the day of at in the aforesaid, did : This Court having heard and determined the said information [or complaint] doth hereby dismiss the same : [If costs are ordered, add : — And it is ordered that the informant pay to the defendant the sum of for costs y instalments of for every days, the first instalment to be paid] forthwith or on the day of ] : And in default of payment it is ordered that the sums due be levied by distress and sale of the informant's [or complainant's] goods, and in default of sufficient distress that the informant [or complainant] be imprisoned in Her Majesty's prison at for the space of , unless the said sums [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid.] J.P., Justice of the Peace for the [county] aforesaid. P>; [m ! Seal. ! 22. — Order of Dismissal with Damages. In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and Information having been laid by A.B. that CD., hereinafter called the defendant, on the day of at in the aforesaid, did : And the Court being of opinion that though the said charge is proved the offence is of so trifling a nature that it is inexpedient to inflict any punishment, doth hereby dismiss the said information ; But doth order that the defendant pay to the informant for damages and for costs [by instalments of for every , the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is ordered that the said sums be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in Her Majesty's prison at for the space of unless the said sums [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid. „., f^\ Justice of the Peace for the [county] aforesaid. V "" ' J 1* SUPBEME COURT OF JUDICATURE. [LAW J. Summary Jurisdiction Acts. 23. — Certificate of Dismissal. In the {county of . Petty Sessional Division of ]. I [or We] hereby certify that a charge made against , for that he on the day of at in the aforesaid, did , was this day heard and determined by the Court of Smnmary Jurisdiction sitting at and dismissed. Dated the day of one thousand hundred and Justice of the Peace for the [county] aforesaid. \ J 24. — Warrant of Distress (for Penalty, &c.) In the [county of . Petty Sessional Division of ]. To each and all of the constables of A.B., hereinafter called the defendant, was on the day of convicted before the Court of Summary Jurisdiction sitting at for that he on the day of at in the aforesaid, did : And it was adjudged that the defendant for the said offence should be imprisoned [or forfeit and pay the sum of ], and should also pay the sum of [for. com- pensation and ] for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of > ], and that in default the said sum [or sums] should be levied by distress, And default having been made in payment : You are hereby commanded to forthwith make distress of the goods of the defendant (except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements of his trade) ; and if within the space of [five] clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the clerk of that Court, and if no such distress can be found, to certify the same to that Court. Dated the day of one thousand hundred and /JP , /^\ Justice of the Peace for the [county] aforesaid. I J r Amount adjudged Paid Remaining due Costs of issuing this warrant . Total amount to be levied £ s. d. 25. — Warrant of Distress on an Order for Money (not a Civil Debt), or for Costs, &c. In the [county of . Petty Sessional Division of ]. To each and all of the constables of Between , Complainant, and , Defendant. On the day of it was ordered by the Court of Summary Jurisdiction sitting at that the should pay to the [the sum of for , and] the sum of for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of J, and that in default the said sums should be levied by distress ; And default having been made in payment : You are hereby commanded to forthwith make distress of the goods of the defendant [or complainant] except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements of his trade) ; and if within the spaoe of [five] clear VOL. 56.] ORDERS AND RULES. 15 Summary Jurisdiction Aots. days next after the making of suoh distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the clerk of that Court, and if no such distress can be found, to certify the same to that Court. Dated the day of one thousand hundred and J.P., Justice of the Peaoe for the [county] aforesaid. Amount adjudged Paid Bemaining due Costs of issuing this warrant . Total amount to be levied £ 8. d. 26. — Warrant of Distress for Sum due under Recognisance. In the [county of . Petty Sessional Division of J. To each and all of the constables of ]. A.JB. was by his recognisance entered into the day of bound in the sum of And the condition of the said recognisance having been broken, it was on the day of adjudged by the Court of Summary Jurisdiction sitting at that the said recognisance be forfeited, and that he do pay the said sum of , and also do pay the further sum of for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And default having been made in payment : You are hereby commanded to forthwith make distress of the goods of the said (except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements of his trade) ; and if within the space of [five] clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the clerk of that Court, and if no such distress can be found, to certify the same to that Court. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid Amount due under recognisance Paid Remaining due Costs of issuing this warrant . Total amount to be levied I. [ Seal. £ \ s. d. 27. — Return of insufficient Distress to be indorsed on Warrant. I, , constable of the of , hereby certify that, by virtue of the within- written warrant, I have made diligent search for the goods of the within-named A.B., and that I can find no sufficient goods of him whereon the sums within-mentioned can be levied. Dated the day of one thousand hundred and X.Y. 16 SUPEEME COUET OF JUDICATURE. [LAW J. Summary Jurisdiction Acts. 28. — Account of Charges incurred on a Warrant of Distress. In the matter of an information [or a complaint] by against I of the constable charged with the execution of the warrant of distress upon the goods of dated the day of hereby declare that the following is a true account of the costs and charges incurred in respect of the execution of the said warrant : — Dated the day of one thousand hundred and £ s. d. Total ■ A.B. 29. — Commitment in lieu of Distress. In the [county of . Petty Sessional Division of ]. To each and all of the constables of and to the Governor of Her Majesty's prison at A.B., hereinafter called the defendant, was this day [or on the day of ], before the Court of Summary Jurisdiction sitting at , convicted [or ordered] [recit. ing conviction or order :] And default having been made in payment : And it appearing to this Court that the defendant has no [sufficient] goods whereon to levy distress [or that the levy of the distress will be more injurious to the defendant and his family than imprisonment] : It is ordered that the defendant be imprisoned in Her Majesty's prison aforesaid and there kept [to hard labour] for the space of , unless the said sum [and all costs and charges of his commitment and of his conveyance to the said prison] be sooner paid : And you the said constables are hereby commanded to take the defendant, and convey him to the said prison, and there deliver him to the Governor thereof, together with this warrant ; and you the Governor of the said prison to receive the defendant into your custody, and keep him [to hard labour] for the space of , unless the said sum [and all costs and charges of his commitment and of his conveyance to the said prison] be sooner paid. Dated the day of one thousand hundred and J.P, (^\ Justice of the Peace for the [county] aforesaid. I ^ oa " / 30. — Commitment pending Eeturn to Warrant of Distress. In the [county of . Petty Sessional Division of ]. To each and all of the constables of , and to the Governor of Her Majesty's prison at A.B., hereinafter called the defendant, was this day [or on the day of ] before the Court of Summary Jurisdiction sitting at convicted [or ordered] [reciting conviction or order] : And default havmg been made in payment, a warrant of distress was issued, but no return has been made thereto : And the defendant not having given sufficient security to the satisfaction of this Court for his appearance at the time and place appointed for the return of the warrant of distress : You the said constables are hereby commanded to convey the defendant to the said prison, and there deliver him to the Governor thereof, together with this warrant ; and you the Governor of the said prison to ' receive the defendant into your custody, and keep him until the day of , and on that day to convey him before the Court of Summary Jurisdiction aforesaid [or sitting at ] at the hour of in the noon [unless he previously enters into a recognisance in the sum of with suret in the sum of [each] conditioned for his appearance on that day, or pays the sum of , being the amount payable under such warrant]. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. ' ' i oeai. i VOL. 56.] ORDERS AND RULES. 17 Siimman-y Jurisdietion Acts. 81. — Commitment in Default of Distress. In the [county of . Petty Sessional Division of ]. To eaoh and all of the constables of , and to the Governor of Her Majesty's prison at A.B., hereinafter called the , was this day [or on the day of | before the Court of Summary Jurisdietion sitting at convicted [or ordered] [reciting conviction or order] : And default havmg been made in payment, the constables aforesaid were authorised by warrant dated the day of , to levy the sum of by distress. And it now appearing that no sufficient distress whereon to levy the said sum could be found [and that a balance of is due under such adjudication or order] : You the said constables are hereby commanded to convey the defendant [or complainant] to the said prison, and there deliver him to the Governor thereof, together with this warrant ; and you the Governor of the said prison to receive the defendant [or complainant] into your custody, and keep him [to ha/rd labour] for the space of [in lieu of the term origin- ally imposed] unless the said sum [and all the costs and charges of the said distress, amount- ing to the further sum of [and the costs and charges of his commitment and of his conveyance to the said prison] be sooner paid. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. Seal. 32. — Commitment fob a Penalty without Distress. In the [county of . Petty Sessional Division of ]. To each and all of the constables of , and to the Governor of Her Majesty's prison at A.B., hereinafter called the defendant, was this day [or oh the day of ], before the Court of Summary Jurisdiction sitting at , convicted [or ordered] [reciting conviction or order] . And default havmg been made in payment : You the said constables are hereby commanded to convey the defendant to the said prison, and there deliver him to the Governor thereof, together with this warrant ; and you the Governor of the said prison to receive the defendant into your custody and keep him [to hard labour] for the space of , unless the said sums [and the costs and oharges of his comrnitment and of his conveyance to the said prison] be sooner paid. Dated the day of one thousand . hundred and J.P., Justice of the Peace for the [county] aforesaid. ( Seal, j 33. — Commitment on Sentence of Imprisonment only. In the [county of . Petty Sessional Division of ]. To each and all of the constables of , and to the Governor of Her Majesty's prison at A.B., hereinafter called the defendant, has been this day, before the Court of Summary Jurisdiction sitting at , convicted [here recite conviction and adjudication]. You the said constables are hereby Commanded to convey the defendant to the said prison, and there deliver him to the Governor thereof, together with this warrant ; and you the Governor of the said prison to receive the defendant into your custody, and keep him [to hard labour] for the space of Dated the day of . one thousand hundred and Justice of the Peace for the [county] aforesaid. ' Vol. 56.— Orders and Rules. 18 SUPREME COUET OF JUDICATURE. • |_JjAW J - Summary Jurisdiction Acts. 34. — Commitment on an Order in the First Instance. In the [county of . Petty Sessional Division of J. To each and all of the constables of , and to the Governor of Her Majesty's prison at A.B., hereinafter oalled the defendant, was, on the day of 18 , before the Court of Summary Jurisdiction sitting at , ordered [here recite order]. And default having been made in payment [or obeying the said order] : You the said constables are hereby commanded • to convey the defendant to the said prison, and there deliver him to the Governor. thereof, together with this warrant : and you the Governor of the said prison to receive the defendant into your custody and keep him' [to hard labour] for the space of , unless the said sums [or the said order be sooner obeyed] [ and the costs and charges of commitment and of his conveyance to the said prison], be sooner paid. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. ' i beat. , 85. — Endorsement on Process. Proof on oath [or solemn declaration] having this day been made before me that the name of J.S. to the within summons [or warrant] subscribed is of the handwriting of the Justice of the Peace within mentioned, I authorise W.T., who brings to me this summons [or warrant] , and all other persons by whom it may be lawfully served [or executed], and also all constables of the [county] of to serve [or execute] the same within the said [county]. Dated the day of one thousand hundred and J.P., . Justice of the Peace for the [county] aforesaid. 36. — Recognisance. In the [county of . Petty Sessional Division of ]. We, the undersigned, severally acknowledge ourselves to owe to our Sovereign Lady the Queen the several sums following, namely of as principal, the sum of and of and of as suret the sum of each, to be levied on our several goods, lands, and tenements if the said principal fail in the condition hereon indorsed. (Signed, where not taken orally) A.B. L.M. N.O. Taken [orally] before me the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid, or Clerk of the Court of Summary Jurisdiction for the Petty Sessional Division of , or Superintendent of tho Police. Condition. The condition of the above recognisance is such that if the above-bounden'principal shall appear before the Court of Summary Jurisdiction sitting at on day, the Benl. VOL. 56.] ORDEES AND EULES. 19 Summary Jurisdiction Acts. day of , at the hour of in the noon, to answer to the charge made against him by and to be dealt with according to law. [or shall appear before the Court of Summary Jurisdiction sitting at for sentence when called upon] , [or shall keep the peaoe and be of good behaviour towards Her Majesty and all Her liege people, and especially towards for the term of now next ensuing], [or shall ]. Then the said recognisance shall be void, but otherwise shall remain in full force. 37. — Endorsement of Forfeituee op Recognisance. In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at The within-mentioned prinoipal not having complied with the said condition, this Court adjudges the within- written reoognisance to be forfeited. Dated the day of , one thousand hundred and J.P. Justice of the Peace for the [county] aforesaid. Seal. 38. — Endorsement mitigating Foefeituee, &c. In the [county of . Petty Sessional Division of ] . Before the Court of Summary Jurisdiction sitting at The within-mentioned recognisance having been adjudged to be forfeited, and A.B. having applied to this Court to cancel [or mitigate] such forfeiture, and having given security to the satisfaction of this Court for the future performance of the condition of the said recog- nisanoe, and having paid [or given security for payment of] the costs incurred in respect of the forfeiture thereof [or insert such other condition as the Court may think just] : Therefore the said forfeiture is hereby cancelled [or mitigated to the sum of ]. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. 39.— Notice of Recognisance to be given to the Defendant and his Sureties. Take notice that you A.B. are bound in the sum of as principal, and you L.M. [and N.O.] in the sum of as sureties, that you, the said principal, appear before the Court of Summary Jurisdiction sitting at on day, the day of , at the hour of in the noon to answer to the charge made against you by and to be dealt with according to law [or as the case may be], and unless you, the said principal, appear accordingly the said sums will forthwith be levied on you severally. Dated the day of one thousand hundred and /. P., Justice of the Peaoe for the [county] aforesaid.. 40. — Security for Penalty, &c. In the [county of . Petty Sessional Division of ]. A.B., hereinafter called the defendant, was this day [or on the day of i by a certain conviotion [or order] before the Court of Summary Jurisdiction sitting at adjudged to pay the sum of [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] and to give security for the due payment thereof : zv SUPREME COURT OF JUDICATURE. [LAW J - Summary Jurisdiction Acts. Now, therefore, the defendant, and his sureties CD. of and E.F. of , hereby undertake that the defendant will pay the sum adjudged at the time and in the manner thereby directed, and hereby severally acknowledge themselves severally bound to forfeit and pay to [the clerk of the Court] the sum of in case the defendant fails to perform this undertaking. (Signed where not taken orally) A.B., Defendant. ■^p' \ Sureties. Taken [orally] before me the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. 41.— Security to perform Condition of Forfeited Recognisance. In the [county of . Petty Sessional Division of ]. A.B., hereinafter called the defendant, was by his recognisance entered into the day of bound in the sum of : And the said recognisance has been adjudged to be forfeited, but the said defendant has applied to the Court of Summary Jurisdiction sitting at to cancel [or mitigate] the forfeiture : Now, therefore, the defendant and his sureties CD. of and E.F. of hereby undertake that the condition of the said recognisance shall be duly performed [and that the said shall on or before the day of pay the sum of for costs incurred in respect of the said forfeiture] ; and hereby severally acknowledge them- selves severally bound to forfeit arid pay to [the clerk of the Court] the sum of in case the said defendant fails to perform the condition of the said recognisance. (Signed, where not taken orally) A.B. CD. E.F. Taken [orally] before me the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. 42. — Notice to Principal of Forfeiture of Security. In the [county of . Petty Sessional Division of ]. To AX., of . Take notice that you have forfeited the sum of , for which you were bound by your undertaking entered into the day of , and that unless you pay that sum to at on or before the day of a warrant of distress will be issued for the recovery thereof. Dated the day of one thousand hundred and Clerk of the Court of Summary Jurisdiction for the [county] aforesaid. 43. — Order varying Order for Sureties. In the [county of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at A.B., hereinafter called the defendant, has been under a warrant of commitment dated the day of , issued by this Court [or the Court of Summary Jurisdiction sitting at ] committed to prison for default in finding suret in the sum of Upon further consideration it is now ordered that the amount in which the suret of the defendant are to be bound be reduced to [or that the obligation of the defendant to find suret be dispensed with]. Dated the day of one thousand hundred and Justice of the Peace for the [county] aforesaid. I Baii ' / VOL. 56.] ORDEBS AND RULES. 21 Summary Jurisdiction Aots. 44.— Order to bring up a Prisoner. In the [county of . Petty Sessional Division of ]. To the Governor of Her Majesty's prison at You are hereby ordered to bring A.B., now in your custody, before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, that he may enter into a recognisance with suret conditioned to keep the peace [or appear and try an appeal from the conviction [or order] of the Court of Summary Jurisdiction sitting at dated the day of " , or apply for re-examination], and may be thereupon released from, your custody. Dated the day of one thousand . hundred and J.P., Justice of the Peace for the [county] aforesaid. Seal. 45. — Notice to Parent or Guardian of Child charged with an Indictable Offence. In the [county of . Petty Sessional Division of ]. To of A.B. has been charged with , and has been remanded until the sitting of the Court of Summary Jurisdiction sitting at on the day of , at the hour of , and it has been alleged that you are his parent [or guardian], If you desire that he be tried by a jury, and object to his case being dealt with summarily, you must attend before that Court on that day and hour. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. 46. — Declaration of Service. I of hereby solemnly declare that I did on the day of , serve of with the [warrant, summons, notice, process, ] now shown to me, and marked A, by delivering a true copy thereof toJ;him [or by leaving a true copy thereof with for him at , being his last [or most usual] place of abode]. Declared before me the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. [Or other description.] 47. — Declaration as to Handwriting and Seal. I of hereby solemnly declare that the signature to the dooument now produced and shown to me, and marked A, is in the handwriting of of [and that the seal on the said document is the seal of ]. Declared before me the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid. [Or other description.] 48. — Certificate of Costs of Prosecution of Indictable Offence dealt with summarily. In the [couniij of . Petty Sessional Division of ]. Before the Court of Summary Jurisdiction sitting at A.B. [an adult, young person, or child] having been charged for that he did [state substance of charge], and the above Court having, in pursuance of its statutory jurisdiction, dealt with the case summarily, on the day of , and convicted the said A.B. [or dismissed the said charge] : — It is hereby certified that the undermentioned persons are 22 SUPREME COURT OF JUDICATURE. [LAW J. Summary Jurisdiction Acts. for their expenses, trouble, and loss of time in connection with the said charge, entitled to compensation as follows : — CD. [state trade or profession], the prosecutor, residing at , for his attendance here day and night, being altogether hours For travelling miles each way, mileage , railway fare . The same for fees payable to the justices' clerk The same for fees payable to the clerk of the peace .... E.F. [state trade or profession], a witness, residing at , for his attendance here day and night, being altogether . hours . The same for travelling miles each way, mileage, railway fare Dated the Eeceived day of one thousand £ £ hundred and J.P., Justice of the Peace for the [county] aforesaid. 18 , of the the amount above certified. Treasurer of the [county] aforesaid Note. — The allowances to prosecutors and witnesses must be in strict accordance with the Rules and Regulations made by the Secretary of State on the 9th February, 1858. 49. — Certificate of Clerk of the Peace that the Costs of an Appeal have not been paid. I hereby certify that at a Court of [adjourned] General Quarter Sessions of the Peace holden at ■ , in and for the of , on the day of , an appeal by , against a conviction [or order] of the Court of Summary Jurisdiction sitting at was heard and determined, and that it was thereupon ordered that the said conviction [or order]' should be confirmed [or quashed], and that the appellant [or respondent] should, on or before the day of , pay to me the sum of for the respondent's [or appellant's] costs of the said appeal. And I further certify that the said sum for costs has not been paid. Dated the day of one thousand hundred and A.B., Clerk of the Peace for the [county] aforesaid. PART II. Forms applicable to Proceedings for the Recovery of a Civil Debt. In the [county of Between A.B. Address Description 1. Complaint. Petty Sessional Division of and CD. Address Description The day of The plaintiff complains that and claims the sum of Made before me this day of J.P., Justice of the Peace for the [county] aforesaid. Plaintiff, Defendant, for [damages]. Vol. 56.] Summary Jurisdiction Acts. In the [county of Between A.B. Address Description OBDEBS AND BULKS. 2. — Summons to appear. . Petty Sessional Division of and 23 Plaintiff, Defendant, CD. Address Description To the defendant herein. You are hereby summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of at the hour of in the noon, to answer the plaintiffs claim, the particulars of which are hereto annexed. Dated the day of , J.P., Justice of the Peace for the [county] aforesaid. Seal In the county of Between A.B. Address Description 3. — Summons to Witness, Petty Sessional Division of and Plaintiff, Defendant, CD. Address Description To of You are hereby required to attend before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, to give evidence in the above cause on behalf of the [plaintiff or defendant]. Dated the day of , J.P., Justice of the Peace for the [county] aforesaid. 4. — Judgment. ' In the [county of . Petty Sessional Division of Before the Court of Summary Jurisdiction sitting at The day of Between A..B. Address Description one thousand hundred and CD. Address Description It is adjudged that the and] the sum of for and ( Seal, j Plaintiff, Defendant, for debt [or damages] for every days, the and in default of pay the [the sum of costs [by instalments of first instalment to be paid] forthwith [or on the day of Eiayment that the sum due thereunder be levied by distress and sale of the goods or where security is accepted and that the be at liberty to give to the satisfaction of this Court [or of ] security in the sum of with suret in the sum of [each] for payment of the sum adjudged]. J.P., Justice of the Peace for the [county] aforesaid. 24 SUPREME COURT OF JUDICATURE. [LAW J. Summary Jimsdiotion Aets. 5. — Judgment Summons. In the [county of . Petty Sessional Dwision of ]. The day of one thousand hundred and Between A.B. Plaintiff, Address Description and CD. Defendant, Address Description To the above-named defendant [or plaintiff]. The plaintiff [or defendant] obtained a judgment against you the above-named defendant [or plaintiff] before the Court of Summary Jurisdiction sitting at on the day of , for the payment of pounds shillings, and pence. And you having made default in payment of the said sum are hereby summoned to appear personally before the Court of Summary Jurisdiction sitting at on day the day of [next], at the hour of in the noon, to be examined on oath by the Court touching the means you have or have had since the date of the judgment to satisfy the sum payable in pursuance of the said judgment, and also to shew cause why you should not be committed to prison for such default. J.P., Justice of the Peace for the [county] aforesaid. £ Amount of judgment, and costs Costs of distress against the goods, if any .... . £ s. d. {Amounts paid Instalments which were not required to have been paid before the date of the summons Sum payable Costs of this summons Amount upon the payment of which no further proceedings will be had until default in payment of next instalment . 6. — Okder of Commitment. In the [county of . Petty Sessional Division of ]. Between A.B. Plaintiff, Address Description and CD. Defendant, Address Description To each and all of the Constables of and to the Governor of Her Majesty's prison at The plaintiff [or defendant] obtained a judgment against the defendant [or plaintiff] before the Court of Summary Jurisdiction sitting at on the day of for the payment of I. And the defendant [or plaintiff] has made default in payment of the said sum, and the defendant (or plaintiff) having been duly summoned to shew cause why he shall not be com- mitted to prison for suoh default : And it being now proved that the defendant [or plaintiff] now has or has had since the date of the judgment the means to pay the sum then due and payablo in pursuance of the Vol. 56.] oedees and eules. 25 Summary Jurisdiction Aots. judgment, and has refused [(or) neglected (or) now refuses or neglects] to pay the same, and has shewn no cause why he should not be committed to prison : It is ordered that the defendant [or plaintiff] Be committed to prison for days, unless he sooner pay the said sum and costs stated below as that on the payment of which he is to be discharged. And you, the said constables, are hereby required to take the defendant [or plaintiff] and to deliver him to the Governor of Her Majesty's prison at , and you the said Governor to receive the defendant [or plaintiff], and there keep him for days from the arrest under this order, or until he is sooner discharged by due course of law. Dated the day of one thousand hundred and „„ /^\ Justice of the Peace for the [county] aforesaid. I 'J £ s. d. Total sum payable at the time of hearing of the judgment-summons Cost of hearing of summons, and of this order .... Total sum on payment of which the prisoner will be discharged . 7. — Certificate foe Discharge from Custody. In the [county of . Petty Sessional Division of ]. Between A.B., Plaintiff, and CD., Defendant. To the Governor of Her Majesty's prison at I hereby certify that the defendant [or plaintiff], who was committed to your custody by an order of commitment dated the day of , has paid the sum mentioned in the said order as that upon payment of which he would be discharged, and may in respect of the said order be forthwith discharged. Dated the day of one thousand hundred and A.B., Clerk of the Court of Summary Jurisdiction at 8. — Distress Warrant. In the [county of . Petty Sessional Dwision of ]. Between A.B. Plaintiff, Address Description and C-D. Defendant, Address Description To each and all of the constables of On the day of , it was ordered by the Court of Summary Jurisdiction sitting at that the defendant [or plaintiff] should pay to the plaintiff [or defendant] for debt [or damages], and for costs, forthwith [or on the day of ], and in default the sums due thereunder should be levied by distress and sale of the defendant's goods. And default having been made, you are hereby commanded forthwith to make distress of the goods of the said defendant [or plaintiff] (except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements of his trade), and if within the space of five clear days next after the making of such distress the sum stated at the foot of this warrant to be levied together with the reasonable charges of the making and keeping of the said distress, be not paid, then to sell the said goods by you distrained and pay the money arising thereby to the Clerk of that Court, and if no such distress can be found to certify the same to that Court. Dated the day of one thousand hundred and J.P., Justice of the Peace for the [county] aforesaid- Vol. 5(S.— Orders and Eules, t> Summary Jurisdiction Acts. Amount adjudged Paid Bemaining due Costs of issuing this warrant Total amount to be levied £ s. d. In the [county of Between A.B. Address Description 9. — Undertaking to pay Civil Debt. . Petty Sessional Division of and Plaintiff, Defendant, CD. Address Description It was on the day of ordered by the Court of Summary Jurisdiction sitting at , that the plaintiff recover against the defendant the sum of for debt [or damages] and for costs, and that the defendant pay the same to the plaintiff [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ], and that the defendant should be at liberty to give to the satisfaction of the Court [or as m judgment] security in the sum of with suret in the sum of [each] for the payment of the said sums. Now, therefore, the defendant, and CD. of and B.F. of as suret hereby undertake that the defendant will pay the said sum thereby adjudged. And the said defendant and the said suret hereby severally acknowledge themselves bound to forfeit and pay to this undertaking. the sum of Taken [orally] before me the day of in case the defendant fail to perform (Signed if not taken orally) ,'p > Sureties. one thousand J.P., A.B. Defendant. CD. hundred and Justice of the Peace for the [county] aforesaid. PAET III. General Forms. 1. — Begister. In the [county of . Petty Sessional Division of Begister of the Court of Summary Jurisdiction sitting at The day of 18 Number (1) Name of Informant or Complainant (2) Name of Defendant and Age, if under 18 (8) Nature of Offence, or of Matter of Complaint W Minute of Adjudication (6) Justices adjudicating («) Vol. 56.] Summary Jurisdiction Aots. ORDERS AND RULES. 27 « "H3 t 5 1 M w n u M ft 0Q I s .9 fl « 3 p< ?M *■» © HS.S QJ u ss h &ft §W-3 el ° *-. III! HJIj u_, rules. 37 SUPEEME COUET FUNDS EULES, 1886. I, the Bight Honourable Farrer, Baron Hersohell, Lord High Chancellor of Great Britain, with the concurrence of the Lords Commissioners of Her Majesty's Treasury, do hereby, in pursuanoe of the powers contained in "The Court of Chancery Funds Act, 1872," "The Supreme Court of Judicature Act, 1875," "The Supreme Court of Judicature (Funds, &c.) Aot, 1883," and of every other power enabling me in that behalf, make the following Rules : — I. Operation of Rules and Inteepretation of Terms. 1. These Rules shall come into operation on the 1st day of September, 1886, and may be oited as "The Supreme Court Funds Rules, 1886." 2. All other Rules or General Orders prescribing the mode of dealing with funds in Court, and containing any provisions relating to funds in Court inconsistent with these Rules, are hereby revoked and these rules substituted therefor, as from the same day : — -Provided that the Rules hereby revoked shall continue to apply to Orders made but not fully acted upon before these Rules come into operation, so far as is indispensable for the purpose of duly giving effect to such Orders. 3. In these Rules and in Orders as herein prescribed and denned terms shall have the same meaning as the same terms are defined to have in the Rules of the ' Supreme Court, 1883, and the following words shall have the several meanings hereby assigned to them, viz. : — " Paymaster " means Her Majesty's Paymaster General for the time being for and on behalf of the Supreme Court of Judicature, or the Assistant Paymaster General for Supreme Court business for the time being deputed by the Paymaster General to act on his behalf for such business : "Pay Office " means the Paymaster General's Office for business of the Supreme Court of Judicature : " Pay Office Account " means the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature : " Audit Office " means the Office of the Comptroller and Auditor General in which the audit of the accounts of the Pay Office is conducted : "Bank " means the Bank of England, or the Governor and Company of the Bank of England : " Company " includes corporation or body corporate : " Person " includes a firm : " Government securities " means Consolidated SI. per centum Annuities, or Reduced Si. per centum Annuities, or New 31. per centum Annuities, or 2f Z. per centum Annuities, or 2JZ. per centum Annuities : " Funds " or " funds in Court " means any money, Government stock or annuities, or other securities, or any part thereof standing or to be placed to the Pay Office Account in the books of the Bank of England or of any other Company, and includes boxes and other effects : " Lodge in Court " means pay or transfer into Court, or deposit in Court : " Lodgment in Court " means payment or transfer into Court, or deposit in Court : "Title of the cause or matter " means the short title of the cause or matter, with the reference to the Record. "Ledger credit " means the title of the cause or matter and the separate account (if any) opened or to be opened under an Order or otherwise, in the books of the Paymaster, to which any funds are credited or to be credited. " Order " means an Order of the Supreme Court of Judicature or the High Court of Justice or Court of Appeal, whether made in Court or in Chambers, and an Order in Lunacy, and includes a judgment or decree, and a report of a Master in Lunacy, confirmed by fiat, and thereby receiving the operation of an Order under the Lunacy Regulation Acts for the time being in force, or any general Order made thereunder; and a certificate of a Master in Lunacy to be acted on without further Order ; and includes the Schedule or Schedules to an Order : "Direction" means any cheque, draft, or authority issued to the Bank of England, or to any other Company, which relates to money or securities standing or to be placed to the Pay Office Acoount ; and includes any authority for the payment of money through the agency of the Post Office : 38 SUPREME COURT OF JUDICATURE. [LAW J. Supreme Court Funds Rules. " Court " means the Supreme Court of Judicature or the High Court of Justice or any Division thereof, or the Court of Appeal : " Registrar " means a Begistrar of the Chancery or of the Probate, Divorce, and Admiralty Divisions of the High Court of Justice ; and includes the officer whose duty it may be under any General Orders in Lunaoy for the time being in force to draw up and issue Orders in Lunacy : " Chief Clerk's certificate " or " certificate of a Chief Clerk " means a certificate made by a Chief Clerk of the Chancery Division of the Court : " Taxing officer " means a Taxing Master in the Chancery Division of the Court, and the Master or person whose duty it is to tax the costs in the other Divisions or in Lunacy : "National Debt Commissioners" means the Commissioners for the reduction of the National Debt : " Statutory declaration " means a declaration under the Statutory Declarations Act, 1835 (5 & 6 Will. 4. o. 62) subject to the provisions of 44 & 45 Vict. c. 41, s. 68 : In causes and matters proceeding in a District Registry, Master, Chief Clerk, and Taxing officer means District Registrar : Words importing the singular number only include the plural number, and words im- porting the plural number only include the singular number : Words importing males include females. II. Preparation of Orders in the Chancery Division and in Lunacy to be acted upon by the Paymaster, and particulars relating thereto. 4. The Rules next following, numbered severally 5 to 27 inclusive, shall apply only to causes and matters in the Chancery Division, and (so far as the same are applicable) to matters in Lunacy. 5. Every Order which directs funds to be lodged in Court, shall have annexed thereto as part thereof a Schedule, to be styled the Lodgment Schedule, whioh shall be headed with the title of the cause or matter, the date of the Order, and the title of the ledger credit to which the funds are to be placed : and shall set out in a tabular form : — (a.) The name, or a sufficiently identifying description of the person by whom the funds are to be lodged : (6.) The amount, if ascertained, and the description of the funds. When an Order has directed the sale of any property and the lodgment of the proceeds thereof in Court, the authority for suoh lodgment may be a Lodgment Schedule signed by a Chief Clerk ; and such Lodgment Schedule shall operate in the same manner as a Lodgment Schedule annexed to an Order. The Lodgment Schedule shall be prepared upon a printed form according to the Form No. 1 in the Appendix to these Rules, and as nearly as may be in the manner shewn by the speoimen entries appended to suoh Form ; and may direct the investment and accumulation of the funds or the dividends or interest on the funds to be lodged ; and may also direot that the funds shall not be dealt with without notice to the purchaser or other person named in such Schedule. 6. Every Order which directs funds in Court to be paid, sold, transferred, or delivered, or carried over to any other ledger credit than that to which the same are standing, or to be otherwise dealt with by the Paymaster, shall have annexed thereto as part thereof a Schedule to be styled the Payment Schedule, which shall be headed with the title of the cause or matter, the date of the Order, and the ledger credit to whioh the funds dealt with are standing. The Payment Schedule shall contain as part of the heading a statement of the funds with which, or with part of which, or with the interest or dividends on which, the Pay- master is to deal, describing them if already in Court as they appear in the Paymaster's cer- tificate, or if not already in Court stating the source from which they are to be derived. The Payment Schedule shall set out in a tabular form : — (a.) The name of each person to whom a payment, transfer, or delivery of any funds is to be made : unless the name is to be stated in a certificate of a Chief Clerk or a Master in Lunacy or a Taxing officer, or unless such payment, transfer, or delivery is to be made to trustees or other persons in succession, or to representatives when no probate or letters of administration shall have been taken out at the date of the Order. The name shall be in full (the christian name preceding the surname) except in the case of a payment to a firm, when the business title of such firm may be stated ; and when a VOL. 56.] ORDEBS AND RULES. 39 Supreme Court Funds Rules. payment is to be made to a person named in the Schedule, the address (if known at the time of preparing the Sohedule) of such person, or in the case of a payment to two or more persons jointly of one of such persons, shall be stated in the Schedule : (6.) The title of the ledger oredit or separate account to which any funds are to be carried over: (c.) The amount and description of the funds in each case to be paid, sold, transferred, de- livered, or carried over, so far as the same can be then stated ; and where the actual amounts to be dealt with cannot be ascertained at the date of the Order, and are not to be subsequently ascertained by any means provided for by the Order or by these Rules, the aliquot parts to be dealt with : (d.) The nature and necessary particulars of $$y other dealings with such funds by the Paymaster. In the body of the Schedule short descriptions may be used, and it shall not be necessary to add that the specific amounts dealt with form part of the larger amount of any like funds mentioned in the heading. The word "interest" in the Schedule shall, unless otherwise specified, mean the dividends and interest on all the funds mentioned in the heading. The Payment Sohedule shall be prepared upon a printed form according to the Form No. 2 in the Appendix to these Rules, and as nearly as may be in the manner shewn by the specimen entries appended to such Form. 7. When funds in Court are by an Order directed to be carried over to a separate account, the title of the ledger credit to be opened for the purpose shall, unless the Order otherwise directs, commence with the title of the cause or matter to which such funds are standing. 8. Every Order which both directs or authorises the lodgment of funds in Court and also deals with such funds or any part thereof, or with any funds already in Court to the same ledger credit, shall have annexed thereto as part thereof a combined Lodgment and Payment Schedule, in the Form No. 3 in the Appendix to these Rules. 9. When funds to be lodged in Court under an Order are by the same Order directed to be placed to two or more ledger credits, separate Lodgment Schedules shall be made out for such respective ledger credits ; and when funds standing to two or more ledger credits are dealt with by the same Order, separate Payment Schedules shall be made out for such ledger credits respectively. 10. The Lodgment and Payment Schedules, respectively, shall contain the whole of the instructions intended by the Order's of which they severally form part to be acted upon by the Paymaster, and all particulars necessary to be known by him, so far as such instructions and particulars are capable of being expressed at the date of the Order, and the Paymaster shall only be responsible for giving effect to such instructions so intended to be given by the Order as are expressed in the Lodgment or Payment Schedule thereto. The instructions and particulars contained in a Lodgment or Payment Schedule shall not be set forth in the body of the Order, but shall only be therein referred to as appearing by the Schedule, unless for any special cause it shall, in the opinion of the Judge by whom the Order is made, or the Registrar by whom the same is drawn up, be necessary to set forth some part of such instructions or particulars both in the body of the Order and in the Schedule. 11. When an Order directs any sums to be ascertained by the certificate of a Chief Clerk or Taxing officer, or a Master in Lunacy, or in any other manner,.and to be afterwards dealt with by the Paymaster, it shall be so expressed in the Payment Schedule ; and such certifi- cate or other authority, or a duplicate or an office copy of the same, or of so much thereof as shall be necessary, shall be sent to the Paymaster. Such certificate shall be printed or partly printed, and as nearly as may be in the Form No. 4 appended to these Rules. 12. When an Order directs payment out of a fund in Court of any costs directed to be taxed by a Taxing oflioer, the Taxing officer shall state in his certificate the name and address of the person to whom such costs are payable. Such certificate shall be printed, or partly printed, and as nearly as may be in the Form No. 5 appended to these Rules, and a duplicate or an office copy thereof shall be sent to the Paymaster. 13. When interest not directed to be certified is payable in respect of any money in Court directed by an Order to be dealt with by the Paymaster, there shall be stated in the Payment Schedule the rate per centum at which, and (if the day to which interest is payable can be fixed by the Order) the day (inclusive) to which such interest is to be computed, and the amount of such interest. 14. If the day to which interest is payable cannot be fixed by the Order, the day from which (exclusive) suoh interest is to be computed shall (except in the case of a computation of subsequent interest in the certificate of a Chief Clerk, or a Master in Lunacy) be stated in the Payment Schedule, and such interest may be directed to be computed and certified by a 40 SUPREME COURT OF JUDICATURE. [LAW J, Supreme Cowt Funds Rules. Chief Clerk, or a Master in Lunacy, or (where the computation is dependent upon the taxa- tion of costs) by a Taxing officer. 15. Interest certified by a Chief Clerk, or a Master in Lunacy, or a Taxing officer, may, unless the Order otherwise directs, be computed to a day subsequent to the date of the certificate and to be named therein as the day for payment, so as to allow a reasonable time for doing all necessary acts to enable the payment to be made ; and the Chief Clerk, or Master in Lunacy, or Taxing officer, may, if he thinks fit, require a statement in writing of such computation, authenticated by the signature of the solicitor of the person having the carriage of the Order, to be produced before preparing the certificate, but no affidavit verifying such computation shall be required. 16. "When the day for payment is not fixed by the Order, and the interest is not directed to be certified as in the last preceding Rule mentioned, such interest shall, without any pro- vision in the Order for that purpose, be ascertained by an affidavit, or by a statutory declara- tion, in which case such interest shall be computed to a day (inclusive) to be named in such affidavit or declaration, as the day for payment ; which day shall not be more than 14 days after the day of swearing of such affidavit, or making suoh declaration ; and such affidavit or declaration shall be a sufficient authority to the Paymaster to pay or apply the amount of interest so ascertained in the manner directed by such Order. 17. In every case in which interest is to be computed, income tax (if any) shall, in making such computation, be deducted therefrom at the rate payable during the time such interest accrues, unless the Order otherwise directs ; and if income tax has been deducted, it shall be so stated in every such affidavit or declaration as is mentioned in the last preceding Rule. 18. Whenever the dealing by the Paymaster with funds in Court is, by an Order, made contingent upon the execution of some document, it shall be so expressed in the Payment Schedule. The execution of such document shall be certified by a Master in Lunacy, or by a Chief Clerk, unless the Order directs that it be verified by affidavit, and such certificate or affidavit shall state the particular amount of funds to be dealt with. Suoh certificate shall be printed, or partly printed, and as nearly as may be in the Form No. 6 appended to these Rules. 19. "When an Order directs the payment of dividends, annuities, or other periodical pay- ments to be made by the Paymaster, there shall be stated in the Payment Schedule (except in the case of dividends payable as they accrue due), the time when the first of such payments and all subsequent periodical payments, whether quarterly, half-yearly, yearly, or otherwise, are to be made. 20. When an Order- directs the payment, transfer, or delivery of funds in Court, in respeot of which duty shall be payable to the revenue under the Acts relating to legacy or succession duty, and does not direct the payment of such duty, it shall be stated in the Payment Schedule that such payment, transfer, or delivery is subject to duty, and in such case the Paymaster is to have regard to the circumstance that such duty is payable ; and when by an Order funds in respect of which such duty may be chargeable are directed to be invested, carried over, or placed to a separate account, the words " subject to duty " shall be added in the Schedule to the separate account directed to be opened. 21. When a person to whom payment, transfer, or delivery of funds in Court is directed is entitled thereto as real estate, or as trustee, executor, or administrator, or otherwise than in his own right or for his own use, the fact that he is entitled to the same as real estate, or the character in which he is so entitled, shall be stated in the Payment Schedule to the Order, or in the certificate of a Chief Clerk, or of a Taxing officer, or of a Master in Lunacy. 22. When an Order is made dealing in any way with funds in Court or to be brought into Court in accordance with minutes agreed upon by the parties, the solicitor of the party whose duty it is to procure the Order to be drawn up and entered shall prepare and lodge with the Registrar or other proper officer, for his consideration, draft Lodgment and Payment Schedules, as the case may be, in the same form as the Lodgment and Payment Sohedules to an Order, and containing the particulars, so far as the same have been ascertained, whioh'are required by these Rules to be contained in the Lodgment and Payment Schedules' jaf the Order. 23. Every Order which is to'be acted upon by the Paymaster shall be drawn up and entered by the Registrar, unless the Judge otherwise directs, and shall either be wholly printed, or, in cases in which printed forms can be used, may be partly in print and partly in writing. 24. The Registrar shall cause a duplicate of every printed or partly printed Order and a further copy of the Schedules thereto to be made atjhe same time with the original ; and the original Order shall be passed by the Registrar in the usual way, and together with the Vol. 56.] ORDERS AND rules. 41 Supreme Court Fimda Rules. further oopy of the Schedules thereto be stamped with his official seal on every leaf thereof and transmitted by him to the Clerks of Entries with the duplicate. The duplicate Order shall be retained and filed by the Clerks of Entries as the record, and the original Order and further oopy of the Sohedules shall be examined and stamped by them and marked with a reference thereon to the duplicate or record so filed. The original Order and further copy of the Sohedules shall be returned to the Registrar, who shall deliver the original Order to the solicitor having the carriage of the Order, and shall send the further copy of the Schedules to the Paymaster. A copy of a Lodgment Schedule signed by a Chief Clerk (under Rule 5 of these Rules) shall be sent to the Paymaster by the Chief Clerk. 25. The oopy of the Schedules to an Order sent to the Paymaster pursuant to the last preoeding Rule shall be the Paymaster's authority for giving effect to the several operations directed therein. No part of the Order other than the Sohedules thereto shall be sent to the Paymaster. 26. Additional printed copies of Orders or Schedules may be made according to the requirements of the parties or their solicitors, and when such Orders have been passed and entered, such additional copies shall be transmitted to the Central Office, and upon being duly completed and signed or certified by the proper officer, may be issued as office or certified copies. 27. Clerical mistakes or errors, or accidental omissions in printed Orders, may be amended in writing ; and every such amendment shall be stamped by the Clerks of Entries or other proper officer, with the official seal, as evidence' that the duplicate or record has been also amended : Provided that no amendment shall be made in any Order to pro- vide for a new state of circumstances arising after the date of the Order ; nor shall any Order be amended for the purpose of extending the time thereby limited for making any lodgment of funds in Court. When any suoh amendment is made in a Schedule to an order, the copy of such Schedule to be sent to the Pay Office under Rule 24 (if not already so sent) shall be amended and stamped in the manner above provided. If such oopy has prior to the amendment been sent to the Pay Office, a notification of the amendment, signed by a Registrar, shall be delivered to the solicitor having the carriage of the order, who shall leave such notification at the Pay Office, and produce therewith the amended original Order ; and the Paymaster shall note such amendment on his copy of the Schedule and act in accordance therewith. III. — Fokm of Orders for the Payment of Money in the Queen's Bench and Probate, Divorce, and Admiralty Divisions. 28. In the Queen's Bench and Probate, Divorce, and Admiralty Divisions an Order for the payment of money to be acted upon by the Paymaster shall be in the Form No. 7 in the Appendix to these Rules, or as nearly as may be, and shall be signed by a Master or- a Registrar as the case may be. IV. Lodgment of Funds in Court. 29. All funds to be paid into or deposited in Court shall be paid or deposited at the Bank of England (Law Courts Branch) and placed in the books of the Bank to the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature ; and the Bank shall cause a receipt to be given to the person making the payment or deposit. All securities to be transferred into Court shall be transferred to the said account in the books of the Bank or other company in whose books such securities are registered. Any effects brought to the Bank to be deposited in Court shall be deposited in locked boxes, or in such other secure manner as shall satisfy the Bank ; and before taking custody of a box the Agent, or other officer acting on behalf of the Bank, may at his discretion re- quire an inspection of its contents in presence of. the person depositing it. 30. In the Chancery Division a direction for a lodgment directed by an Order, or in a Lodgment Schedule signed by a Chief Clerk (in the case of purchase moneys), shall be issued by the Paymaster upon receipt of a copy of the Lodgment Schedule : and a direction for a lodgment under the Trustee Relief Act shall be issued by him upon receipt of an office copy of the Schedule mentioned in Rule 41. A lodgment of funds in Court not directed by an Order may be made upon a direction to the Bank or other Company, to be issued by the Paymaster on a request signed by or on behalf of the person desiring to make such lodgment : Provided that no such lodgment shall be placed in the Pay Office books to a separate account in a cause or matter (except to a security for costs account) unless an Order has directed such separate account to be opened. Vol. 56.— Orders and Rules. F 42 SUPREME COUET OF JUDICATURE. [LAW J. Supreme Court Funds Rules. - The request for a direction under this Rule shall state the name of the person by or on whose behalf the funds are to be lodged, the ledger credit in the Pay Office books to whioh the funds are to be placed, and the date of the authority or certificate (if any) in pursuance of which the funds are to be lodged. In cases of funds to be lodged in pursuance of the Lands Clauses Consolidation Act, 1845, or of the Copyhold Acts, the further particulars required under Rules 39 and 40 shall be stated in the request. And when (otherwise than as hereinbefore provided) funds are lodged in Court in pursuance of an Act of Parliament, under whioh some specific authority is necessary for such lodgment, the request for a direction for lodgment shall contain a re- ference to such Act and authority, and the requisite authority shall be left at the Pay Office. Except in the cases next mentioned, the requests under this Rule shall be in the Forms No. 8 (for money) and No. 9 (for securities), in the Appendix to these Rules. When money is to be lodged under the provisions of Order XXII. of the Rules of the Supreme Court, 1883 (in any action brought to recover a debt or damages), or under the pro- visions of Rule 26 of Order XXXI. of the said RuleB, the request shall be in the Form No. 10 in the Appendix to these Rules, and shall contain a statement of the circumstances under which the money is to be lodged, in such of the following terms as may be applicable to the case, viz. : — (A.) When the money is to be lodged subject to the provisions of Rule 5 of Order XXII., a statement in the following terms : — " Paid in on behalf of defendant in satisfaction of claim of above-named [name of party]," {or " with defence setting up tender "). (B.) When the money is to be lodged subject to the provisions of Rule 6 of Order XXII., a statement in the following terms : — " Paid in on behalf of defendant against claim of above-named [name of party], with defence denying liability." (C.) When the money is to be lodged under the provisions of Rule 26 of Order XXXI., a statement in the following terms : — " Paid in to security for costs account on behalf of [name of party]," 31. When it is desired to bring money into Court in the Chancery Division, whether under an Order or otherwise, without waiting the time necessary to obtain a direction for the Bank to receive such money, it may be lodged at the Bank to the credit of a Supreme Court Suspense Account (subject to being dealt with as hereinafter mentioned, and not otherwise), upon an application signed by the person desiring to lodge the same, or his solicitor, and addressed to the Bank, specifying the amount, and the title of the ledger credit to which it is desired to be lodged, and upon such lodgment being made one of the cashiers of the Bank shall give a certificate that the amount has been lodged to the credit of the said Suspense Account ; and in every case the person making such lodgment, or his solicitor, shall forthwith request the direction of the Paymaster for the Bank to receive the money in the manner provided by the last preceding Rule, and shall leave such direction at the Bank for the pur- pose of having the money so previously lodged transferred to the Pay Office Account, and placed in the books of the Pay Office to the ledger credit mentioned in such direction. 32. In the Queen's Bench Division a lodgment of money to the account of the Paymaster shall be made on presentation at the Bank (Law Courts Branch) of a request signed by or on behalf of the person desiring to make such lodgment. Such request for lodgment shall be in the Form No. 11 in the Appendix to these Rules, or as nearly as may be, and shall specify the title of the cause or matter to the credit of which the lodgment is to be placed, and shall also contain a statement of the circumstances under which the money is lqdged, in such of the following terms as may be applicable to the case, viz. : — (A.) When the money is to be lodged subject to Rule 5 of Order XXII. of the Rules of the Supreme Court, 1883, a statement in the following terms : — " Paid in on behalf of defendant in satisfaction of claim of above-named " [name of party], (or "with defence setting up tender "). (B.) When the money is to be lodged subject to Rule 6 of Order XXII. of the Rules of the Supreme Court, 1883, a statement in the following terms : — " Paid in on behalf of defen- dant against claim of above-named " [name of party] " with defence denying liability." (C.) When the money is to be lodged under Rule 26 of Order XXXI. of the Rules of the Supreme Court, 1883, a statement in the following terms : " Paid in to security for costs account on behalf of [name of party.] " (D.) When the money is to be lodged in pursuance of an Order, or otherwise than as above specified, a statement of the nature and date of the authority under which the lodgment is made, as for instance : — " Paid in under Order dated the day of 18 : " or " Paid in on notice of appeal fin Bankruptcy], dated the day of 18 ." iF L l X1 VOL. 56.] ORDERS AND RULES. 43 Swpreme Court Funds Mules. If the lodgment is made upon a notice or pleading, such notice or pleading must be pro- duced at the Bank, and the receipt for the lodgment shall be given thereon ; and if the lodgment is made in pursuanoe of an Order, such Order, or an office copy thereof, must be produced at the Bank by the person making the lodgment. A lodgment of funds other than money shall be made upon a direction to be issued by the Paymaster upon reoeipt of a copy of the Order directing such lodgment. 33. In every case of a lodgment in the Chancery and Queen's Bench Divisions under the provisions of the said Orders XXII. and XXXI., as provided in the preceding Rules 30 and 32, the Paymaster shall cause an entry to be made in his books indicating the circumstances under which the money is stated to be lodged. 34. In the Probate, Divorce, and Admiralty Division a lodgment of funds to the account of the Paymaster shall be made upon presentation at the Bank (Law Courts Branch) of an authority signed by or on behalf of a Registrar. Such authority shall be issued upon a re- quest signed by or on behalf of the person desiring to make such lodgment. The request shall specify the title of the cause or matter (which in Admiralty actions shall include the name of the ship), and any particulars of the lodgment which may be necessary, and shall be in the Form No. 12 in the Appendix to these Rules. "When the receipt of funds authorised to be lodged as above has been certified to the Paymaster by the Bank, the Paymaster shall cause a notification of the lodgment to be sent to the Registrar by whom or on whose behalf such lodgment was authorised. 35. A request or authority for the issue by the Paymaster of a direction for the lodgment of funds in Court may be sent to the Paymaster by post, and, if so desired by the person sending the same, the Paymaster shall send such direction by post to the address specified by such person. 36. A person directed by an Order in the Chancery Division to make a lodgment in Court shall be at liberty to make the same without further Order, notwithstanding the Order may not have been served, or the time thereby limited for making such lodgment may have ex- pired ; and if any further sum 6f money has by reason of such default become payable by such person for interest, or in respect of dividends, he shall be at liberty to lodge in Court such further sum upon a request as hereinbefore provided : Provided that any, such subsequent lodgment shall not affect or prejudice any liability, process, or other consequences which such person may have become subject to by reason of his default in making the same within the time so limited. 37. "When funds have been received by the Bank and when securities have been transferred in the books of the Bank or any other Company to the Pay Office Account in accordance with a direction, the Bank or other Company shall forthwith send such direction to the Paymaster, with a certificate thereon that the funds specified have been received or transferred as therein authorised, and (in the case of such other Company) shall therewith send the stock or share certificate (if any) of the securities so transferred. 38. In the Chancery Division, when any direction or other authority for the lodgment of funds in Court is returned to the Pay Office, with a certificate thereon that the funds therein mentioned have been lodged, the Paymaster shall file at the Central Office a certificate of such lodgment, and shall therein state the ledger credit to which such funds have been placed in the books at the Pay Office ; and an office copy of such certificate of the Paymaster shall be received as evidence of the lodgment. 39. Money lodged in Court in the Chancery Division pursuant to the 69th section of the Lands Clauses Consolidation Act, 1843, in respect of lands in England or Wales, shall be placed in the books at the Pay Office to the credit of Ex parte the promoters of the under- taking, in the matter of the special Act (citing it), and some words, shall be added in each case briefly expressive of the nature of the disability to sell and convey, by reason of which the money shall be so paid in, which particulars shall be stated in the request for the direction for the lodgment. 40. Money lodged in Court in the Chancery Division pursuant to the Copyhold Acts shall be placed in the books at the Pay Office to the credit of " Ex parte the Land Commissioners for England," and of the particular manor in respect of which the money shall be so paid in ; and in the request for a direction for the lodgment the name and locality of such particular shall be stated. 41. When a trustee or other perBon desires to lodge funds in Court in the Chancery Division under the Act 10 & 11 Vict. c. 96, he" shall annex to the affidavit to be filed by him pursuant to the said Act a Schedule in the same printed form as the Lodgment Schedule to an Order, setting forth : — (a.) His own name arid address : 44 SUPREME COURT OF JUDICATURE. [LAW J. Supreme Court Funds Mules. (b.) The amount and description of the funds proposed to be lodged in Court : (c.) The ledger credit in the matter of the particular trust to which the funds are to be placed : (d.) A statement whether legacy or succession duty (if chargeable) or any' part thereof has or has not been paid : (e.) A statement whether the money or the dividends on the securities so to be lodged in Court, and all accumulations of dividends thereon, are desired to be invested in any and what description of Government securities, or whether it is deemed unnecessary so to invest the same. An office copy of such Schedule is to be left with the Paymaster. 42. Any principal money or dividends received by the Bank in respect of securities standing to the Pay Office Account shall be placed in the books at the Pay Office, in the case of principal money to the credit to which the securities whereon such money arose were standing at the time of the receipt thereof, and in the case of dividends to the credit to which the securities whereon such dividends accrued were standing at the time of the closing of the transfer books of such securities previously to the dividends~becoming due. V. Appropriation in the Queen's Bench Division of Money lodged under Order XIV. 43. In the Queen's Bench Division, when a defendant has lodged money in Court under Order XIV. of the Rules of the Supreme Court, 1883, as a condition of liberty to defend, and desires to appropriate the whole or any part of such money to the whole or any specified portion of the plaintiff's claim pursuant to Rule 11 of Order XXII. of the said Rules, he or his solicitor shall leave at the Pay Office a notice of such appropriation in the Form No. 13 in the Appendix to these Rules, specifying the title of the cause or matter to the credit of which the money is standing, the date of the Order under which the money was lodged in Court, and the amount to be appropriated ; and whether so appropriated, (A) in satisfaction of a claim, or (B) against a claim, with a defence denying liability ; and thereupon, for the purposes of payment out of Court, the money mentioned in the notice shall be subject to the next following Rule. The person leaving such notice must produce therewith the original receipt of the Bank for the amount lodged. VI. Payment, Delivery, and Transfer of Funds out of Court, and other dealings with Funds. 44. In the Chancery and Queen's Bench Divisions, when money has been lodged under Orders XXII. and XXXI. of the Rules of the Supreme Court, 1883 (as described in Rules 30 and 32 of these Rules), and when and so far as money lodged under Order XIV. of the said Rules of the Supreme Court has been appropriated in the manner provided in the last pre- ceding Rule, payment of the money shall be made to the person in satisfaction of whose claim it has been lodged, or to the person otherwise entitled thereto, or, on the written authority of either such person respectively, to his solicitor, as under : — unless an Order restraining such payment has been lodged at the Pay Office prior to the issue of the Paymaster's direction for payment. (A.) When the money has been lodged or appropriated in satisfaction of a claim (or with defence setting up tender), under Rules 30 (A.) and 32 (A.) of these Rules, or the last preceding Rule, a direction for payment shall be issued by the Paymaster upon a request or authority in the Form No. 14 (A.) in the Appendix to these rules, or as nearly as may be. (B.) When the money has been lodged or appropriated against a claim, with a defence denying liability, under Rules 30 (B.) and 32 (R.) of these Rules, or the last preceding Rule, a direction for payment shall be issued by the Paymaster upon receipt of a noti- fication that the plaintiff accepts the sum lodged in satisfaction, and that due notice has been given of such acceptance, and upon a request or authority for payment of the same ; such notification and request or authority to be in the Form No. 14 (B.) in the Appendix to these Rules, or as nearly as may be. (C.) When the money has been lodged to a Security for Costs Account under Rules 30 (C.) and 32 (C.) of these Rules, a direction for payment shall be issued by the Paymaster upon receipt of a certificate of a Taxing officer, Master, or Chief Clerk (as the case may be) as to the person who is entitled to have paid out to him the money so lodged ; such certificate to be printed, or partly printed, and as nearly as may be in the Form No. 14 (C.) appended to these Rules. When a request is made for payment of money lodged in the Chancery and Queen's Vol. 56.] obdees and eules. 45 Supreme Court Funds Rules. Bench Divisions on a notice or pleading, the original receipted notice or pleading must, when- ever so required, be produced at the Pay Office. In the Probate, Divorce, and Admiralty Division when money has been lodged to a security for costs account, under the provisions of Eule 26 of Order XXXI. of the Eules of the Supreme Court, 1883, a direotion for payment shall be issued by the Paymaster upon receipt of a cer- tificate or other authority of a Eegistrar as to the person entitled to payment of the money so lodged. Exoept as in this Eule is provided, the money so lodged or appropriated as mentioned herein, shall only be paid out in pursuance of an Order. 45. Except as provided in the last preceding Eule, and subject to the provisions contained in Eules 55, 56, 57, 70, 73, 74, and 109, funds in Court shall not be paid, delivered, or trans- ferred out of Court, nor invested, sold, or carried over, unless in pursuance of an Order, or in the case of an investment of money or application of dividends unless in pursuance of an authority contained in a certificate of a Master in Lunacy. 46. A duly authenticated copy of every Order in the Queen's Bench and Probate, Divorce, and Admiralty Divisions which directs funds to be dealt with, shall be left at the Pay Office, by or on behalf of the person entitled to payment or interested in any other dealings with such funds directed or authorised by the Order, and shall be the Paymaster's authority for the issue of directions giving effect to such Orders. 47. The directions of the Paymaster for the payment of money under these Eules, and for the delivery of securities out of Court in pursuance of an Order, shall be -.prepared by the Paymaster forthwith," or from time to time, upon receipt of a copy of the Order and any further necessary authority or information ; and except as provided in the next following Eule such directions shall be delivered upon the personal application of the persons entitled thereto. Investments of money, transfers of securities out of Court, and carrying over of funds, in pursuance of an Order, shall be made by the Paymaster upon receipt of the necessary authority and information. Sales of securities in pursuance of an Order of which a copy has been received in the Pay Office, shall be made by the Paymaster upon application By or' on behalf of the persons interested therein, and such application may be sent by post. 48. Subject to the conditions as to limitation of amount and otherwise in this Eule mentioned, and to any variation of such conditions which the Treasury may from time to time direct, persons entitled to payment of money may receive from the Paymaster, by post a direction or other document by which payment may be obtained : — (a.) When money, not exceeding a sum of 1,000Z. (other than a periodical payment hereunder in this Eule mentioned) is payable to a person having an account at a bank in the United Kingdom, whose name and address are stated in the Order or other authority under which the money is payable, or in a certificate of a Chief Clerk, or of a Taxing officer, or of a Master in Lunacy, to be acted upon by the Paymaster, or whose address, in the case of a payment under an Order in the Chancery Division, is certified to the Paymaster by a solicitor having carriage of the Order which authorises the payment, the Paymaster shall remit the same by post to such person to the address so stated, upon receipt of a request to that effect in the prescribed form, in which is specified the name of the bank at which the money is to be placed to the account of such- person. The Paymaster's direction for payment will be payable to the order of such person ; it will be specially crossed to his account at the named bank and will not be negotiable. (6.) When money, not exceeding a sum of 5001. (other than a periodical payment hereunder in this Eule mentioned), is payable to a person residing within the United Kingdom, who has not an account at a bank, or whose address is not ascertained by the Paymaster in the manner above prescribed, the Paymaster shall remit the same by post to such person upon receipt of a request to that effect in the prescribed form, Bigned by such person and attested by a justice of the peace, or a commissioner to administer oaths, or a clerk in holy orders, or a notary public. The Paymaster's direction for payment will be sent to the address stated in the request, and will be crossed so as to be payable only through a banker. (c.) When money, not exceeding a sum of 102. (other than a periodical payment hereunder in this Eule mentioned), is payable to a person residing within the United Kingdom, whose name and address are stated in an Order under which the money is payable, or in a certificate of a Chief Clerk, or of a Taxing officer, or of a Master in Lunacy, to be acted upon by the Paymaster, or whose address, in the case of a payment 46 SUPREME COtJKT 0F~ JUDICATURE. [LAW J. Supreme Court Funds Rules. under an Order in the Chancery Division, is certified to the Paymaster by the solicitor haying carriage of the Order, the Paymaster upon the written request of such person (without attestation) may remit the amount by post to such person at the address so ascertained. The direction for payment will be crossed so as to be payable only through a banker. (d.) Any person residing within the United Kingdom, entitled under an Order to any dividend, annuity, or other periodical payment, may send to the Paymaster a request, in the prescribed form, for the remittance of the same by post from time to time as it accrues due, such request to be signed by such person and attested in the manner required in the preceding part of this Rule (6), and the Paymaster shall thenceforward, as such periodical payment falls due (and upon receipt of evidence of life or of the fulfilment of any conditions of payment as referred to in Rule 95), remit the same by post to the address stated in the request. The Paymaster's direction will be crossed so as to be payable only through a banker. Provided that the Paymaster may refuse to make a remittance under this Rule in any case in which he sees reason for so doing, and provided also that the transmission by post upon a request of any crossed direction or other document for obtaining payment shall be at the sole risk of the person at whose request it is sent. Requests and solicitors' certificates of addresses under this Rule and notifications of changes of addresses of persons entitled to periodical payments, shall be in such form as may from time to time be prescribed by or with the approval of the Treasury. 49. The directions of the Paymaster issued under these Rules (signed and countersigned by such officers as may be prescribed or approved by the Treasury, under Rule 107) shall be sufficient authority to the Bank for the payment of the money specified in any such directions, and shall be the necessary and sufficient evidence of an Order of the Court to authorise the Bank or other Company to transfer, on sale or otherwise, or to deliver, any securities or boxes or other effects standing to the Pay Office Account which may be specified in any such directions. - .50. A direction or other document by which payment of money is effected, when indorsed or signed by the payee or his lawful attorney, shall be a good discharge to the Paymaster for the amount therein expressed. •. 51. When money is by an Order in the Queen's Bench Division directed to be paid to a person therein named, or, on his authority, to a solicitor or other person, the signature to the authority must be attested by a witness, whose residence and description must be added to his attestation. 52. When money in Court or any sum payable thereout is by an Order directed to be paid to any public officer or department or to the official liquidator of any Company, or any other official persons for whom an account is kept at the Bank, payment thereof shall, on a requisition to that effect, be made by a direction to the Bank to transfer the amount of such payment to the account at the Bank of such public officer or official person accordingly. When any duty is directed to be paid out of funds in Court, such duty shall, without any words in the Order to that effect, be assessed, and on a requisition made by or on behalf of the Commissioners of Inland Revenue be transferred to the proper account at the Bank. 53. When money in Court is invested by purchase, the payment for such investment, which (unless otherwise ordered) shall include brokerage, shall be made conditionally upon the transfer or deposit to the Pay Office Account of the securities purchased. And when securities in Court are sold, the transfer or delivery of such securities shall be conditional upon the payment to the Pay Office Account of the proceeds of such sale, after deduction (unless otherwise ordered) of brokerage. Provided that the Bank shall not be answerable for any default of the Broker of the Supreme Court in respect of such transfer to the Pay Office Aocount of securities purchased, or of such payment to the Pay Office Account of the proeeeds of securities sold. 54. Upon an investment of money in Court, or the sale of securities in Court, the securities purchased by such investment or the money realised by such sale respectively, shall in every case be placed to the credit to which the money invested or the securities sold previously stood, unless, in the case of an investment, otherwise specially ordered. 55. When securities in Court are directed to be transferred, delivered out, or carried over, dividends accruing thereon subsequently to the date of the Order directing the transfer, delivery, or carrying over (when the amount of the securities to be transferred, delivered, or carried over is specified in such Order, or if not so specified then subsequently to the time when the amount of such securities shall be ascertained), shall be paid to the persons to whom or carried over to the credit to whioh the securities are to be transferred, delivered, or carried VOL. 56.] ORDERS AND RULES. 47 Supreme Court Funds Rules. over, unless such Order otherwise directs. When securities in Court are directed to be realised, and the whole of the proceeds paid out or carried over in one sum, or in aliquot parts (except when the realisation is to raise a specific sum of money), any dividends aocruing on suoh securities subsequent to the date of the Order directing the realisation (if the amount of suoh securities is speoified in (jhe Order, or if not so specified, then subse- quently to the time when such amount shall be ascertained) shall be added to such proceeds, and applied in like manner therewith, unless such Order otherwise directs. 56. When such dividends as in the last preceding Rule mentioned have pursuant to a general or other previous Order been invested, the securities purchased with such dividends shall, unless otherwise directed, be transferred or delivered, and any dividends accrued in respect thereof be paid, to the persons to whom or carried over to the credit to which such first-mentioned dividends would if uninvested have been paid or carried over. 57. In every case (other than that provided for by the last preoeding Rule), when by an Order money or dividends are directed to be dealt with so that the same ought not to be invested, and subsequently to the date of such. Order such money or dividends or any part thereof shall have been invested, the securities purchased with such money or dividends shall, unless otherwise directed, be sold, and the proceeds of such sale and any dividends accrued in respect of such securities shall be applied in the same manner as the money or dividends so invested would have been applied under such Order, if they had not been so invested. 58. When under any Order dividends on securities in Court" are directed to be dealt with, and a subsequent Order is made dealing with part of such securities, the dividends on the residue shall, unless such subsequent Order shall otherwise direct, continue to be dealt with in the same manner as the dividends on such securities were by the prior Order directed to be dealt with. 59. When subsequently to the date of an Order dealing with money in Court such money shall have been placed on deposit, as hereinafter provided, or when dividends accruing sub- sequently to the date of an Order under which such dividends are applicable shall have been placed on deposit, the same when withdrawn from deposit, and any interest credited in respect thereof, shall, unless the Order otherwise directs, be applied in the same manner as such money or dividends would have been applied had the same not been so placed on deposit. 60. When an Order directs money in Court to be invested, and subsequently to the date of such Order the money shall have been placed on deposit, interest aocruing in respect of such money shall be applied in the same manner as the dividends arising from such invest- ment are directed to be applied. 61. When funds in Court are by an Order directed to be paid, transferred, or delivered to a woman in her own right who is not married at the date of the Order, or who, being married at that date, shall become a widow, and such woman shall marry before payment, transfer, or delivery of suoh funds, upon an affidavit of such woman and her husband that no settle- ment or agreement for a settlement whatsoever has been made or entered into, before, upon, or since their marriage, or in case any such settlement or agreement for a settlement has been made or entered into, then upon an affidavit of such woman and her husband identify- ing suoh settlement or agreement for a settlement, and stating that no other settlement or agreement for a settlement has been made or entered into as aforesaid, and an affidavit of the solicitor of such woman and her husband that such solicitor has carefully perused such settlement or agreement for a settlement, and that, according to the best of his judgment, such funds are not, nor is any part thereof, subject to the trusts of such settlement or agree- ment for a settlement, or in any manner comprised therein or affected thereby, such funds shall be paid, transferred, or delivered to such woman without the intervention or concurrence of her husband in the same manner as if she had remained unmarried. 62. When funds in Court are by an Order directed to be paid, transferred, or delivered to any person named or described in an Order, or in a certificate of a Chief Clerk, or of a Taxing officer, or of a Master in Lunacy (except to a person therein expressed to be entitled to such funds as real estate, or to be entitled thereto as a trustee, executor, or administrator, or other- wise than in his own right, or for his, own use), such funds, or any portion thereof for the time being remaining unpaid or untransferred or undelivered, may, unless the Order other- wise directs, on proof of the death of such person, whether on or after, or, in the case of payment directed to be made to creditors as suoh^ before the' date of such Order, be paid or transferred or delivered to the legal personal representatives of such deceased person, or to the survivors or survivor of them. If no administration has been taken out to any such deceased person who has died 48 SUPEEME COUET OF JUDICATUEE. [LAW J. Supreme Court Funds Rules. intestate and whose assets do not exceed the value of 1001., including the amount of the funds directed to be so paid, transferred, or delivered to him, such funds may be paid, trans- ferred, or delivered to the person who, being widow, child, father, mother, brother, or sister of the deceased, would be entitled to take put administration to his estate, upon a declaration by such person in the Form No. 15 appended to these Eules. 63. When money in Court is by an Order directed to be paid to any persons described in the Order, or in a certificate of a Chief Clerk, or of a Taxing officer, or of a Master in Lunacy, as co-partners, such money may be paid to any one or more of such co-partners, or to the survivor of them. 64. When funds in Court are by an Order directed to be paid, transferred, or delivered to any persons as legal personal representatives, such funds, or any portion thereof for the time being remaining unpaid, untransferred, or undelivered, may, upon proof of the death of any of such representatives, whether on or after the date of the Order directing such payment, transfer, or delivery, be paid, transferred, or delivered to the survivors or survivor of them. 65. No funds shall, under Rules 62 and 64, be paid, transferred, or delivered out of Court to the legal personal representatives of any person under any probate or letters of administra- tion purporting to be granted at any time subsequent to the expiration of six years from the date of the Order directing such payment, transfer, or delivery, or in case such funds consist of interest or dividends from the date of the last receipt of such interest or dividends under such Order. 66. The Paymaster, before acting upon an Order for the payment, transfer, or delivery of fundB in respect of which legacy or succession duty is (under Rule 20) stated to be payable, shall require the production of the official receipt for such duty, or a certificate from the proper officer of the payment thereof, or that no such duty is "payable ; and the Paymaster, on receiving notice from the proper officer in any case that such duty is payable, shall cause a memorandum to that effect to be made in his books. 67. When costs are by an Order directed to be paid out of funds in Court, the Taxing officer shall certify the names and addresses of the persons respectively to whom such costs are payable, and the amount of any fees which have not been paid but are payable, and are proper to be paid out of such funds, in respect of any proceeding in the cause or matter, whether the amount shall or shall not have been previously ascertained, and in respect of the taxation of such costs. The Paymaster shall carry over the amount so certified to he payable from the account to which such funds are placed to an account in the Pay Office books for Fees on proceedings and taxation ; and the amount so carried over shall from time to time, as the Treasury may direct, be paid to the account of Her Majesty's Exchequer. 68. In acting on Orders directing any annuities or maintenance to be paid out of dividends to accrue on securities in Court (other than securities specifically carried over to provide for such annuities or maintenance), the Paymaster shall draw only for so much of the sums directed by such Orders respectively to be paid as shall remain after making a deduction therefrom for income tax at the rate payable when such annuities or other payments became due, unless such sums shall be directed to be paid without making any such deduction. VII. Investments. 69. When an Order directs the investment and accumulation of dividends accruing on securities in Court, or to be transferred into Court, or directed to be purchased with money in Court, or to be lodged in Court, the Paymaster upon receipt of the copy of such Order shall, without any request, from time to time (until he shall receive a request or copy of an Order to the contrary) invest such dividends, if amounting to or exceeding 407. half yearly, together with all accumulations of dividends thereon, as soon as conveniently may be after they shall accrue due and have been received, in the particular description of securities named in the Order directing such investment and accumulation. 70. When money in Court is invested in Exchequer bills or Exchequer bonds, and when Exchequer bills or Exchequer bonds are, in pursuance of an Order, lodged in Court, any principal money or interest which may thereafter be received and paid into the Bank in respect of such bills or bonds, or in respect of any such bills or bonds for which the same may be exchanged, shall from time to time, as the same shall be so received and paid into the Bank, be also invested by the Paymaster, unless such Order otherwise directs, or until he receives a written request or notice of a further Order to the contrary, in Exchequer bills or Exchequer bonds which shall be placed to the same credit. 71. When and so often as any Exchequer bills or other securities deposited at the Bank to the credit of the Pay Office Account shall be in course of payment, the Bank shall, without any direction from the Paymaster, cause all such bills or other securities so in course of pay- Vol. 56.] orders and rules. 49 Supreme Court Fwnda Rides. ment to be delivered to one of the cashiers of the Bank, who is to reoeive the principal money or interest due thereon, or in the oase of Exchequer bills to exchange the same for new bills, if new bills are issued, or otherwise to receive the principal money and interest due on such of the said bills so in course of payment as cannot be exchanged, and pay such interest, or principal and interest (as the case may be), into and deposit all such new bills in the Bank to the Pay Office Account : and the Bank shall forthwith after every such exchange or receipt of principal or interest certify to the Paymaster, without any direction from him for that purpose, the numbers, dates, and amounts of the Exchequer bills or other securities so exchanged or paid off, and also the numbers, dates, and amounts of the new bills taken in exohange, and the amount of the interest, or principal money and interest (as the case may be), received on each bill or set of bills or other securities ; and upon receiving such certi- ficate the Paymaster shall place such new bills and such principal money and interest to the credit in the books at the Pay Office to which the bills or other securities so exchanged or paid off were placed. 72. A sum of money in Court less than 402. shall not be invested in securities, except in the cases provided for by the two Rules next following, and unless an Order directs such in- vestment notwithstanding the smallness of the amount ; but such sum, if not less than 102., shall be placed on deposit until, with the interest accrued thereon, it shall amount to 402., and shall then be invested as directed. This Rule shall extend to the investment of divi- dends accruing on securities in Court which are directed to be invested. 73. A sum of money amounting to or exceeding 402. lodged in Court, under the 32nd section of the Act 36 Geo. 3. c. "52, shall, upon a request signed by or on behalf of the person paying it in, or by or on behalf of a person claiming to be entitled thereto or interested therein, be invested (without an Order) in the" Government securities specified in such re- quest ; and the dividends accruing in respect thereof, when or so soon as they shall amount to or exceed 102., shall be from time to time invested in like securities. And if such money shall have been placed on deposit before such request shall be left at the Pay Office, such money and any interest to be credited in respect thereof, if amounting to 402., shall, upon a like request, be withdrawn from deposit and invested as before mentioned. Dividends accruing on funds or on investments or accumulations of funds lodged in Court under the said Act prior to the commencement of the Chancery Funds Rules, 1872, may, when or so soon as they amount to or exceed 102., be invested in like manner. 74. When it is stated in the Schedule to the affidavit made pursuant to Rule 41 that it is desired that any money to be lodged in Court, or the dividends accruing on any securities to be lodged in Court in pursuance of the Act 10 & 11 Vict. c. 96, and the accumulations thereof, shall be invested in any description of Government securities, the Paymaster shall (if or so soon as such money shall amount to or exceed 402., or so soon as dividends accruing on such securities shall amount to or exceed 102.) invest the same accordingly, without any Order or further request for that purpose. If such money does not amount to 402. (and is not less than 102.) the Paymaster shall place such money on deposit without a request for that purpose, unless the said Schedule contains a statement that it is deemed unnecessary to place such money on deposit, or unless notice in writing be left at the Pay Office of an Order having been made, or of an intended application to the Court, affecting such money, securities, or dividends. Dividends accruing on funds or on investments or accumulations of funds lodged in Court under the said Act prior to the commencement of the Chancery Funds Rules, 1872, may, when or so soon as they amount to or exceed 102., be invested without any request. 75. In all cases, upon a request signed by a solicitor acting on behalf of any person claim- ing to be entitled to or interested in securities in Court, that the dividends or interest accruing on any specified securities may not be invested, being at any time left at the Pay Office, the Paymaster shall be at liberty to cease to invest any more dividends or interest accruing on such securities or to place the same on deposit until he has received a copy of a Schedule in that behalf. VIII. — Money on Deposit, and Interest thereon. 76. Subject to the two Rules next following all money to be lodged in Court in the Chancery Division, including dividends received in respeot of securities in Court and not otherwise directed to be dealt with, shall be placed on deposit without a request. But money arising by the sale, conversion, or payment off of securities in Court in that Division shall only be placed on deposit upon a request to that effect. 77. Money shall not be placed on deposit in the following cases : (a.) In any cause or matter in the Queen's Bench or Probate, Divorce, and Admiralty Divisions : Vol, 66.— Obdebs and Rules. Cf 50 SUPREME COURT OF JUDICATURE. [LAW J. Supreme Court Funds Ruh-s. (6.) "When lodged in the Chancery Division under the provisions of Order XXII. or of rule 26 of Order XXXI. of the Rules of the Supreme Court, 1883 : (c.) "When lodged under the standing orders of either House of Parliament, pursuant to the Act 9 & 10 Viet. c. 20 or any Act amending the same, in respect of works or under- takings to be executed under the authority of Parliament : (d.) If lodged prior to the commencement of the Court of Chancery Funds Act, 1872, pursuant to the Copyhold Acts, or to section 69 of the Lands Clauses Consolidation Act,. 1845 : (e.) "When the amount is less than 101. : (/.) "When a Payment Schedule dealing with the money otherwise than by directing it to be placed on deposit or carried over has been left at the Pay Office : (g.) When a request that the money shall not be placed on deposit, signed by a solicitor acting on behalf of a. person claiming to be entitled to or interested in .the money, is left at the Pay Office : Provided that the person making such request may at any time withdraw the same, and request that the money may be placed on deposit. 78. Money shall be withdrawn from deposit in the following cases : — (a.) When and to such an amount as the money is by an Order directed to be dealt with, otherwise than by carrying over : (6.) When the amount is reduced below 101. : (c.) Upon a request signed by a solicitor acting on behalf of a person interested, and countersigned by a Registrar or Chief Clerk, containing a notification that the money is about to be dealt with by an. Order. 79. The placing on deposit of money lodged in Court shall not be deferred beyond the 15th or the last day of the month in which it shall be lodged in Court, whichever day shall first happen after such lodgment, or in the case of money lodged in Court on the last day of a month, the placing on deposit shall not be deferred beyond the 15th day of the following month ; and when a request to place money in Court on deposit shall be sent to or left at the Pay Office, the money shall be so placed on the day next following that on which such request shall be so left or received at the Pay Office. 80. When an Order directs Government securities to be sold and the whole of the money arising thereby to be placed on deposit, and when such securities are realised by exchange as hereinafter provided, such money shall be deemed to have been placed on deposit (without a request for that purpose) on the day on which such exchange shall be effected. 81. Interest upon money on deposit shall not be computed on a fraction of 11. 82. Except as in this Rule otherwise provided, interest upon money on deposit shall accrue by half calendar months, and shall not be computed for any less period. The periods from the 1st to the 15th of a month, both days inclusive, and from the 16th to the last day of a month, both days inclusive, shall, for the purpose of computing such interest, be reckoned as half calendar months ; and such interest shall begin on the first day of the half calendar month next succeeding that in which the money is placed on deposit, and shall cease from the last day of the half calendar month next preceding the withdrawal of the money from deposit : Provided that when a sum of money in Court amounting to not less than 5001. shall be placed on deposit, pursuant to a request signed by Or on behalf of a person claiming to be interested therein, and shall remain on deposit undealt with until the 1st of April or the 1st of October next succeeding the day on which it is placed on deposit, interest shall begin on the day inclusive next succeeding such day of placing on deposit. 83. Interest which has accrued for or during the half years ending respectively the 31st of March and the 30th of September in every year on money then on deposit shall, on or before the 15th days of the months respectively following, be placed by the Paymaster to the credit to which such money shall be standing on every such half-yearly day. And when money on deposit is withdrawn from deposit, the interest thereon which has accrued and has not been credited shall be placed to the credit to which the money is then standing. 84. When money on deposit consists of sums which have been placed on deposit at different times, and an Order is made dealing with the money, and part of such money has to be withdrawn from deposit for the purpose of executing such Order, the part or parts of the money dealt with by such Order last placed and remaining on deposit at the time of such withdrawal shall, for the purpose of computing interest, be treated as so withdrawn, unless the Order otherwise directs. 85. Unless otherwise directed by an Order, interest credited on money on deposit shall, when or so soon as it amounts to or exceeds 10/., be placed on deposit, and for the purpose of computing interest upon it shall be treated as having been placed on deposit on the last half* yearly day on which any such interest became due. Vol. 56.] orders and rules. 51 Swpreino Court Funds Rules, IX. — Exchange or Conversion of Government Securities and Transactions with the National Debt Commissioners. 86. When Government securities in Court are directed to be sold, such securities may be realised by exohange in the Pay Office books in the manner hereinafter provided, And when money in Court is required to be invested in Government securities, such investment may be made by exchange in like manner. 87. For the purpose of effecting any such exchange, an account of each description of Government securities shall be kept at the Pay Office, entitled " Exohange Accounts," and suoh accounts shall oontain on the one side thereof the amount of securities received in ex- ohange for money, and the amount of money reoeived in exchange for securities, and on the other side thereof the amount of money and securities given in exohange for such securities and money respectively. The money value of the securities received or given in exchange under this Rule shall be determined by the price of the day next following that on which the Paymaster is required or authorised to make the sale or investment ; or if the money invested consist of dividends accrued on securities in Court, and previously to the accruing thereof, required or authorised to be invested in Government securities, the price of the day next following that on which such dividends shall be placed by the Bank to the Pay Office Account ; or if no price can be ascertained for Such day then the price of the next following day for which it can be ascer- tained. The price herein mentioned shall be the Bank average price of the Government securi- ties appearing in the account transmitted to the Controller General of the National Debt Office by the Cashiers of the Bank, a copy whereof shall be sent daily by the Bank to the Pay Office. 88. Upon every such exchange a commission shall be charged of one eighth per cent, on the amount of money realised or invested, in lieu of any brokerage provided for by the Order or usually charged upon the sale or purchase of such securities ; and unless the payment thereof is otherwise provided for by the Order, such commission shall be deducted from the proceeds of the realisation or the amount to be invested respectively, or in case a specific amount of money is to be realised, the commission upon it shall also be realised by the exchange of an additional amount of the securities by which the realisation is to be effected ; and when the payment of brokerage is otherwise provided for, the Paymaster shall not be required to give effect to any such exchange until such commission has been paid into the Bank to the Pay Office Account. Such commission when so paid in or realised and deducted as aforesaid shall be plaoed to an account in the Pay Office books for Commission on exchanges ; and the amount so placed shall from time to time, as the Treasury may direct, be transferred to the account of Her Majesty's Exchequer. 89. The Paymaster shall from time to time, but not less than once in every year, prepare and transmit to the National Debt Commissioners a statement of the result of the exchange operations under these Rules, shewing the total amounts of each description of Government securities purchased by exchange and realised by exchange respectively ; and the total amounts of the cash charged and credited, respectively, in the Pay Office books as the money value of the securities exchanged. And the difference so arising between the amount of any description of Government securities standing to the credit of the Pay Office Account at the Bank and the amount of such securities appearing by the books of the Pay Office to be in Court, and also the difference between the money value nominally paid and nominally re- ceived for such securities, shall be forthwith adjusted as follows : — (as.) If suoh statement shews that the total amount of any description of Government securities purchased by exchange is in excess of the total amount of the same descrip- tion of securities realised by exchange, the amount of such excess of securities pur- chased by exchange shall be transferred by the National Debt Commissioners from their account at the Bank on behalf of the Supreme Court to the Pay Office Account at the Bank. And such transfer of securities shall be treated as a repayment by the said Commissioners out of the money placed in their hands by the Paymaster on behalf of the Supreme Court, of the difference between the cash charged and credited respectively in the Pay Office books in respect of such exchanges, as shewn in the said statement. (6.) If such statement shews that the total amount of any description of Government securities purchased by exchange is less than the total amount of the same descrip- tion of securities realised by exchange, the amount of the excess of securities realised by exohange shall be transferred by the Paymaster to the account at the Bank of the < National Debt Commissioners on behalf of the Supreme Court. And the money value of the securities so transferred (being the difference between the cash oharged and credited, respectively, in the Pay Office books in respect of such exchanges, as shewn in the said statement) shall be placed by the National Debt Commissioners to the credit 52 SUPREME COURT OF JUDICATURE. [LAW J. Supreme Coxvrt Fundi Rules. of the aooount kept by them of money plaoed in their hands by the Paymaster on behalf of the Supreme Court. 90. The Paymaster shall from time to time prepare and transmit to the National Debt Commissioners a statement shewing the amount of the dividends, less income tax, which became payable in the period to which suoh statement relates, on the Government securities in Court (at the closing of the Bank books for such dividends) as shewn by the Pay Office books, and the amount of the dividends received* in the same period on the Government securities standing to the credit of the Pay Office acoount at the Bank ; and the difference appearing thereby shall be adjusted as follows : — (a.) If the amount of dividends payable shall have exceeded the amount of dividends received, the amount of the difference shall be credited by the National Debt Com- missioners to the account kept by them of money placed in their hands by the Pay- master on behalf of the Supreme Court. (6.) If the amount of dividends received shall have exoeeded the amount of dividends' payable, the amount of the difference shall be transferred by the Paymaster to the account at the Bank of the National Debt Commissioners on behalf of the Supreme Court. 91. "When the money to the oredit of the Pay Office Account is, in the opinion of the Paymaster, in excess of the amount required for the purpose of making current payments, he shall transfer the amount or such excess from the Pay Office Account to the account at the Bank of the National Debt Commissioners on behalf of the Supreme Court, and shall notify suoh transfer to the said Commissioners. 92. When the money to the credit of the Pay Offioe Account is, in the opinion of the Paymaster, insufficient for the purpose of making current payments, the National Debt Com- missioners upon a request in writing of the Paymaster shall forthwith transfer from their account at the Bank on behalf of the Supreme Court to the Pay Offioe Account the amount of money specified in such request. 93. The Paymaster shall, after the 31st of March and 30th of September in every year, certify to the National Debt Commissioners the amount of interest on money on deposit which has accrued for or during the half years respectively ending on those days ; and the National Debt Commissioners, as soon thereafter as may be, shall place such amount to the credit of the account kept by. them of money placed in their hands by the Paymaster on behalf of the Supreme Court, and shall cause the amount of income tax (if any) chargeable on such interest to be paid to the account at the Bank of the Receiver General of Inland Revenue. X. — Calculation of Residues, Evidence' op Life, etc. 94. For the purpose of ascertaining the amounts of any residue or aliquot part of money or securities dealt with by an Order, when such amounts cannot be stated in the Payment Schedule and are not directed to be certified, the necessary calculations shall be made in the Pay Office : Provided that the Paymaster may require such calculations to be first stated in a certificate signed by the solicitor of the party interested. 95. When any person is entitled, under an Order, to receive dividends or other peri- odical payments from the Pay Office, and the' Paymaster requires evidence of life or of' the fulfilment of any conditions affecting such payments, such evidence may be furnished by a declaration signed by a solicitor acting on behalf of such person, or by a declaration signed by the person entitled to the payment, and attested by a justice of the peace, commissioner to administer oaths, clerk in holy orders, or notary public ; and the Paymaster shall act on such evidence unless in any case he thinks fit to require such ovidenoe to be by statutory declaration or affidavit. The Paymaster may prescribe, with the approval of the Treasury, the terms in which such declarations or affidavit shall be made, and the forms to be used for that purpose. The provisions of this Rule shall apply to Orders made before these Rules come into operation, notwithstanding anything as to evidence in suoh Orders contained. 96. When in carrying into effect the directions of an Order evidence is required by the Paymaster for any purposes other than those inoluded in the immediately preceding Rules, he may receive and act upon an affidavit, or upon a statutory declaration, and every suoh affidavit or statutory declaration shall be filed in the Central Offioe when the Paymaster shall consider it necessary. XI. Copies of Orders and other Documents fob Audit Office. 97. An office copy of the Schedules to every Order in the Chancery Division and in Lunacy, and, when requested, an office oopy of any Order in the Queen's Bench and Probate, VOL, 56.] ORDERS AND RULES. 53 Supreme Cov/rt Funds Rule). Divoroe, and Admiralty Divisions, to be acted upon by the Paymaster, shall be transmitted by the proper oflioer to the Audit Office ; and in case of any amendments being made in any such Schedule or Order, suoh office copy shall be likewise amended. 98. An offioe copy of every certificate or other authority of a Master of the Supreme Court, Chief Clerk, or Taxing officer, or of a Master in Lunacy, which is to be acted upon by the Paymaster, or so much thereof as may be necessary, and an offioe oopy of any certificate, affidavit, or statutory declaration which may be received in evidence by the Paymaster, shall, when requested, be transmitted by the proper officer to the Audit Offioe. XII. Miscellaneous. 99. The Paymaster, upon a request signed by or on behalf of a person claiming to be in- terested in any funds in Court standing to the credit of an account specified in such request, may, in his discretion, issue a certificate of the amount and description of such funds, and such certificate shall have reference to the morning of the day of the date thereof, and shall not inolude the transactions of that day, and the Paymaster shall notify on such certificate the dates of any Orders restraining the transfer, sale, delivery out, or payment, or other dealing with the funds in Court to the credit of the account mentioned in such certificate, and whether such orders affect principal or interest, and any charging Orders, affecting such funds, of which respectively he has received notice, and the names of the persons to whom notice is to be given, or in whose favour suoh restraining or charging Orders have been made. The Paymaster may re-date any suoh certificate, provided that no alteration in the amount or description of the funds has been made since the certificate was issued. And when a cause or matter has been inserted in the list referred to in Rule 101, the fact shall be notified on the certificate relating thereto. 100. Upon a request signed by or on behalf of a person claiming to be interested in funds in Court, the Paymaster may, in his discretion, issue a transcript of the account in his books specified in such request ; and if so required by the person to whom it is issued, suoh trans- cript shall be authenticated at the Audit Office. He may also upon a like request supply such other information or issue such certificates with respect to any transactions or dealings with funds in Court aS may from time to time be required in any particular case. 101. On or before the 1st day of March in every third year the Paymaster shall prepare, in such form and with suoh particulars as the Treasury may from time to time direct, a list or statement of the aocounts in the books of the Pay Office (other than those referred to in the next following Rule) to the credit of which there stood on the 1st day of September then next preoeding any funds not less than 501., which have not been dealt with, otherwise than by the continuous investment or placing on deposit of dividends, during the 15 years im- mediately preceding the last-mentioned date. The said list or statement shall be filed in the Central Office, and a copy thereof shall be inserted in the " London Gazette " and exhibited in the several Offices of the Court. The Paymaster shall not give any information respecting any funds in Court mentioned in suoh list or statement except "upon a request signed by the person applying for suoh in- formation. If suoh request be made by a solicitor, such information shall not be given unless the request states the name of the person on whose behalf it is made, and that such person is in the opinion of the applicant beneficially interested in such funds. If such request be made by any person other than a solicitor, suoh information shall not be given unless the applicant is able to satisfy the Paymaster that the request is such as may in the particular oase be properly complied with. 102. The Paymaster may from time to time carry over to a special account for small balances such balances of money and securities as do not together amount to 51., and on which the money or securities shall not have been dealt with during the preceding five years. When an Order dealing with funds carried over under this Rule is to be acted upon, the Pay- master shall carry back suoh funds and any dividends aoorued thereon to the account from which they were so carried over, and shall deal therewith as directed .by such Order. 103. The length of the title of any ledger credit shall not exceed 36 words, exclusive, in the oase of a separate account in a cause or matter, of the title of the cause or matter in which such separate account is opened : Provided that such title may be extended beyond 36 words if a sufficient reason be assigned to the satisfaction of the Registrar or Master of the Supreme Court ; and the Registrar or Master shall in such oase add to the instruction to open such credit the words " notwithstanding Rule 103 " ; and provided also that the Paymaster may extend any suoh title if in his opinion a sufficient reason be assigned for so doing. In such title four figures shall be reckoned as one word. 54 SUPREME COUBT OF JUDICATURE. [LAW J. Supreme Court Fundi fiules. 104. Unpaid cheques signed by the late Accountant General, or any of his predecessors, shall be a sufficient authority to the Paymaster for making the payments therein purporting to be intended to be made. 105. An index shall be made and kept in the Central Office of all documents by these Rules directed to be filed there. 106. Upon the request of any person, or of a solicitor acting on behalf of any person, named in an Order and entitled to or interested in funds in Court, the Paymaster shall record, in such manner as he shall consider convenient for reference, the name and address of such person, or of the solicitor for the time being aoting on his behalf, and also any change of such address which may be notified to him. 107. The directions of the Paymaster for giving effect to these Rules shall be prepared and issued in such form and manner as the Treasury may from time to time direct, and shall be signed by such officers as the Treasury may prescribe or approve. 108. It shall be the duty of the Paymaster to comply with any instructions which may be given to him by the Treasury as to the means of identifying any person to whom a direction for payment of money or for delivery of securities out of Court is issued, when such identifi- cation may be deemed necessary. 109. Whenever any amount or number of stock, shares, or other security in Court (in this rule referred to as the original security) is converted into any other stock, shares, or other security (in this Rule referred to as the substituted security), so that the description thereof will differ from the description given of the original security in the Order or other authority under which the Paymaster acts respecting the same, the Paymaster shall write off from the account to which the same may be standing the original security so converted, and shall place to the same account a proportionate part of the substituted security ; and except in so far as any original security may be affected by any Order brought to the Pay Office in due time for that purpose, the Paymaster shall, as far as may be practicable, give effect to every part of any Order or other authority under which he has been acting which shall refer to any such original security so converted as aforesaid, or the dividends thereon, as if it referred to the substituted security or the dividends thereon. Provided that payments of income shall not be made in pursuance hereof, without an Order, in any case where the substituted security is a terminable annuity ; unless such terminable annuity is based upon a deduction for sinking fund intended to replace the capital of the original security. 110. Whenever any allotment letters, scrip allotments, or other securities are allotted or assigned in respect of any sums of stock, or of any shares or other security in Court, such allotment letters, scrip allotments, or other securities (excepting such of them, if any, as may be affected by any Order of which the Paymaster has notice) shall be sold. The money to arise by the said sale shall be paid (without deduction for brokerage) by the broker to the Pay Office Account at the Bank and placed' in the books of the Pay Office to the respective accounts to which the said stock or shares or other security are standing, in respect of which such allotment letters, scrip allotments, or other securities, haye been allotted or assigned. 111. These Rules shall not apply in District Registries to funds in Court or hereafter lodged in Court. HERSCHELL, C. 26th July, 1886. We certify that these Rules are made with the concurrence of the Commissioners of Her Majesty's Treasury. W. V. Hakcouet. Cyril Flower. Vol. 56.] orders and bulks. Supreme Court Funds Mules. 55 APPENDIX. Form No. 1. [Lodgment Schedule, referred to m Bule 5.] Lodgment Schedule. In the High Court of Justice, Chancery Division. Date of Order, Title of Cause or Matter 18 Ledger credit. [If same as title of cause, state " As above."] . A. No. 18 Particulars of Funds to be lodged Person to make tire Lodgment Amounts Money Securities [See Specimen entries below.] In the High Court of Justice, Chancery Division. 21st July 1886. lie Morton, deceased, Morton v. Matthews. 1881. M. 391. Ledger credit. As above. Particulars of Funds to be lodged Person to make the Lodgment Amounts Money Securities Balance to be certified on passing final account as Receiver. Balance to be certified of the 871. 5s. Sd. due from him as Executor after re- taining his costs. Edmund James White (the Beceiver). James Matthews (Defen- dant). £ s. d. £ s. d. In the High Court of Justice, Chancery Division. 15th June 1886. A. i^B. 1883. A. 16. Ledger Credit. As above. Particulars of Funds to be lodged Person to make the Lodgment Amounts Money Securities Consols Great Western Railway i p. c. De- benture Stock. Balance of Cash to be certified. Invest and accumulate in Consols. J. A.'and J. B. . Do. . J. B. £ s. d. £ 15,000 1,500 — d. 56 SUPREME COURT OF JUDICATURE. Supreme Court Funds Rules. [Law ,T. Form No. 1 — continued. [Specimen Lodgment Schedule of purchase money to be signed by a Chief Clerk.] In the High Court of Justice, Chancery Division. A. v. B. 1885.- A. 16. Ledger credit. The said aotion. Proceeds of sale of real estate. Lodgment Schedule. Purchase money to be lodged pursuant to order dated 31st July, 1886. Particulars of money to bo lodged Person to make the lodgment Amount Balance of purchase money and interest. Invest and accumulate amounts lodged in Consols. W. K. the Purchaser . £ I ."\ ■20 ! 195 j i ,/. The above funds not to be paid out, transferred or dealt with, without notice to the said W. K. i i lilo Total amount words l ^ wo h un ch' e< l an ^ fifteen pounds. Dated this 10th day of August 1886. Chief Clerk. Fobm No. 2. [Payment Schedule, referred to in Bule 6.] Payment Schedule. In the High Court of Justice, Chancery Division. Date of Order, Title of Cause or Matter 18 . A No. Ledger credit. [If same as title of cause, state " As ab6ve."] Funds in Court. 18 Particulars of payments, transfers, or otlier operations ordered Payees and transferees, or separate aooounts Amounts Money Securities [See Specimen entries on next page.] VOL. 56.] ORDERS AND RULES. Supreme Court Ihmds Rules. Form No. 2— contwued. {Specimen Payment Schedules.] In the High Court of Justioe, Chanoery Division. 2nd August 1886. B. v. V., 1883. B. 165. Ledger credit. As above. J 730Z. 7s. 7c?. New 3 per Cent. Annuities. y: 57 Funds in Court 10Z. 13s. Id. Cash. Particulars of payments, transfers, or other operations ordered Payees and transferees or Amounts separate accounts Money Securities £ ,, d. £ s. a, John Park 5 fi 7 Sell New 3 per Cent. Annuities. 730 7 7 Out of proceeds and balance of funds pay:— < Costs of Petitioners to be taxed. Legacy duty in respect of "fund in Court. Divide residue in fourths, and pay as under : — One-fourth .... John Smith (Petitioner.) One-fourth .... Emma Joy (Petitioner), wife of Wm. Joy, on her separate receipt. Out of one-fourth . Eliza Joy (Widow) , 70 10 6 Residue of such one-fourth . Edward Sparkes Carry over one-fourth. Invest and Separate account of Wil- accumulate in New 3 per Cent. liam Peters (Plaintiff) Annuities. • In the High Court of Justice, Chancery Division. 4th September 1886. Smith v. Williams. 1871. S. 103. Ledger credit. The said cause. Trust legacy of 800Z. for Charles Pearce and Susan his wife and their children and incumbrancers. I308Z. 4s. Id. Consolidated 3 per Cent. Annuities. 5 J2\} ls - New ? per c . ent Annuities - 501. Money on deposit. 481. Is. 3d. Cash. Particulars of .payments, transfers, or Payees and transferees or separate aocouuts other operations ordered Money Securities £ s. d. £ s. d. — — — 30S i 1 Sell New 3 per Cent. Annuities — — — 512 11 Pav /David Shore . \ \ Charles Weaver . J 45 6 2 Pay taxed costs of George Turner . Pay residue of funds as under : — One-fifth George Turner. . Out of one-fifth James Watson 100 Residue of last-named one-fifth Birmingham Banking- Company mortgagees. Out of one-fifth Henry Earle (as mort- gagee). HO 8 i Out of same one- fifth, interest on The same. 100Z. at 51. per cent, per annum from 18 to day for payment. Residue of last-iiamed one-fifth. Robert Wild and Joseph Hunter, trustees of Arthur Turner. One-fifth Matthew Field One-fifth William Long Vol. 56.— Orders and Rules. 11 58 SUPEEME COUBT OF JUDICATURE. [LAW J. Supreme Court Funds Rules. Form No. 3. [Combined Lodgment and Payment Schedule, referred to in Rule 8.] Lodgment and Payment Schedule. In the High Court of Justice, Chancery Division. Date of Order, 18 Title of Cause or Matter 18 . A. No. Ledger credit. [If same as title of cause, state " As above."] I. Lodgment. Particulars of Funds to be Lodged Person to make the Lodgment Amounts Money S jcui'ities 1 II. Payment. " Consolidated 3 per cent. Annuities. Funds to be dealt with. -! £ Cash. [Funds to be lodged as above. b Particulars of payments, transfers, or other Payees, transferees, or separate accounts Amounts operations ordered Money Securities Form No. 4. [Certificate of ascertained sums, referred to in Rule 11.] 18 the sums stated in the Schedule High Court of Justice. — Chancery Division. Title of Cause or Matter Ledger credit. [If same as title of cause, state "As above."] I certify that under an Order dated 18 tl subjoined hereto, amounting in the whole to have been ascertained to be the sums payable under the said Order to the persons respec- tively named, in respect of [state m what character paid]. Dated this ■ day of 18 . , Chief Clerk [or Taxing officer]. Schedule. Vol. 56.] 'orders and rules. Supreme Court Fwiids Rules. Form No. 5. [Certificate of taxed costs, referred to in Bule 12.] 59 High Court of Justice. — Chancery Division. Title of Cause or Matter Ledger credit. [If same as title of cause, state " As above."] In pursuance of an Order dated 18 I have been attended by the solicitors for and I certify that I have taxed the costs specified in the Schedule subjoined hereto, directed to be taxed by the said Order, at the sums respectively stated in the Schedule, which sums, with the fees of taxation specified (if any), amount to the total sum of Dated this day of 18 . Taxing Officer. Schedule. Payable to Address Total . £ Amount of taxed costs and Fees Form No. 6. [Certificate of execution of documents, referred to in Bide 18.] High Court of Justice. — Chancery Division. Title of Cause or Matter Ledger credit. [If same as title of cause, state " As above."] An Order of the Court, dated 18 having directed that the under-mentioned dealings with the funds specified shall be contingent upon- the execution of [here describe the document to be executed], I hereby certify (pursuant to Rule 18 of the Supreme Court Funds Rules) that the said document has been executed as directed in the said Order. Whether payment, transfer, or other operation ; and descrip- tion of securities (if any) Name of payee, transferee, or separate account Amounts to he dealt with Money Securities Totals £ Amounts in words. [Total only of each money column]. Dated this Money Securities day of 18 Chief Clerk [or Master in Lunacy]. 60 SUPREME COURT OF JUDICATURE. [LAW J. Supreme Court Funds Rules. Form No. 7. {Order for Payment in Queen's Bench and Probate, Divorce, and Admiralty Divisions, referred to in Bide 28.] High Court of Justice, Division. Title of Cause or Matter v. 18 . A. No. Ledger credit. [Name of ship in Admiralty actions.] Date 18 . The Paymaster General is hereby directed to make the payments specified below out of the money standing in his books to the credit of the above cause or matter. Name of the person to whom, and also of the person (if any) upon whose authority, payment is to be made. Particulars Person to be paid. {Christian name to precede surname) Person (if any) to give authority for payment Total amount | in words, f (Signature) Form No. 8. [Bequest for Lodgment of Money in Chancery Division, referred to in Bute 30.] High Court of Justice. — Chancery Division. I. — Bequest for Direction for Lodgment. Title of Cause or Matter v. 18 . A. No. to^wMchlod^ed 1 P f same as title of cause ' state " As above -"] Further particulars (if any) required to be stated The Paymaster is hereby requested to issue a direction to the Bank to receive from the sum of £ for the ledger credit in the' books of the Pay Office above specified. (Signature) II. — Paymaster's Direction for Lodgment. To the Agent of the Bank of England (Law Courts Branch). Please receive the above-stated sum, and place it to the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature. (Signature) (Date) 18 . III. — Bank Certificate of Beceipt. To the Assistant Paymaster General. Bank of England 18 . The above-stated sum has been this day reoeived. (Signature) VOL. 56.] ORDERS AND RULES. 61 Supreme Court Funds Rules. Form No. 9. [Bequest for Lodgment or Transfer of Securities m Chancery Division, referred to in Rule 30.] High Court of Justice. — Chancery Division. ■I. — Bequest for Direction for Lodgment or Transfer of Securities. Title of Cause or Matter v. 18 . A. 'No. Ledger credit ) r If game as title of oa gtate „ As above< .n to which lodged. [ L J Authority is hereby requested for the lodgment or transfer to the account of the Pay- master General for and on behalf of the Supreme Court of Judicature of the securities men- tioned below, for the ledger credit in the books of the Pay Office above specified. To be lodged or transferred by Description and amount of securities Date of Order (if any) 18 . {Signature) II. — Paymaster's Direction for Lodgment or Transfer. Authority is hereby given for the lodgment or transfer of the above-mentioned securities to the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature. {Signature) . {Date) 18 . III. — Certificate of Lodgment or Transfer. Address . Date 18 . It is hereby certified that in accordance with the above authority the securities herein mentioned have this day been lodged or transferred to the acQount of the Paymaster General. {Signature) N.B. — Under the Supreme Court Funds Kules made in pursuance of Acts of Parliament, the Bank or other Company in whose books the transfer herein authorised is made, is required to certify such transfer hereon, and to return this document to the Assistant Paymaster General, Royal Courts of Justioe, London. Form No. 10. [Bequest for Lodgment in Chancery Division under Orders XXII. and XXXL, referred to in Bule 30.] High Court of Justice. — Chancery Division. I. — Bequest for Lodgment of Money under Order XXII. or Bule 26 of Order XXXL Title of Cause or Matter v. 18 . A. No. L which lodged* [ P f same as title of oause > state " As a »ove."] The Paymaster is requested to issue a direction to the Bank to receive £ ; which amount is paid in* {Signature) * Insert one of the following statements, in accordance with the circumstances : — (A.) "on behalf of defendant [state name] in satisfaction of claim of above-named" [state name of party] (or " with defence setting up tender "). (B.) "on behalf of defendant [state name] against claim of above-named" [state name of ■ party], " with defence denying liability." (C.) "to security for oosts account on behalf of" [state name of party, and whether plaintiff or defendant]. II. — Paymaster's Direction for Lodgment. To the Agent of the Bank of England (Law Courts Branoh). Please receive the above-stated sum and place it to the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature. {Signature) {Date) 18 III. — Bank Certificate of Beceipt. To the Assistant Paymaster General. Bank of England, .18 , The above-stated sum has been this day reoeived. {Signature) 62 SUPREME COUET OF' JUDICATURE. [LAW J. Supreme Court Funds Rides. Form No. 11. [Bequest for Lodgment in Queen's Bench Division, referred to in Rule 32.] High Court of Justice. — Queen's Bench Division. I. — Bequest for Lodgment of Money. Title of Cause or Matter v. 18 . A. No. To the Agent of the Bank of England (Law Courts Branch). Please receive £ „ „ , for the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature, which amount is paid in* (Signature) Name of Solicitor \ on the other side \ Solicitor for the (Date) 18 * Insert one of the following statements, in accordance with the circumstances : — (A.) " on behalf of defendant [state name] in satisfaction of claim of above-named " [state name of party'] (or " with defence setting up tender "). (B.) " on behalf of defendant [state name] against claim of above-named ' ! [state name of party], " with defence denying liability." (C.) "to security for costs account on behalf of" [state name of party, and whether plaintiff or defendant]. (D.) If lodged in pursuance of an Order, or otherwise than as above, state nature and date of authority. For instance : — " Under Order dated day of 18 ," or " On notice of appeal [in bankruptcy], dated day of 18 ." II.' — Bank Certificate of Beceipt. To the Assistant Paymaster General. Bank of England, 18 The above-stated sum has been this day received. (Signature) Form No. 12. [Bequest for Lodgment in Probate, Divorce, and Admiralty Division, referred to in Bule 34.] High Court of Justice. — Probate, Divorce, and Admiralty Division. I. — Bequest for Authority for Lodgment. Title of Cause or Matter v. 18 A. No. Ledger credit. [Name of ship in Admiralty actions.] To the Registrar. I request authority for the lodgment of £ at the Bank of England ; such lodg- ment being for* (Signature) * State here such particulars as may be required. II. — Authority for Lodgment. To the Agent of the Bank of England (Law Courts Branch). Please receive the above-stated sum and place it to the account of the Paymaster General for the time being for and on behalf of the Supreme Court of Judicature. (Signature) (Date) 18 III. — Bank Certificate of Beceipt. To the Assistant Paymaster General. Bank of Engalnd, 18 • The above-stated sum has been this day received. (Signature) VOL. 56.] OBDEES AND EULES. 63 Supreme Court Funds Rules. Form No. 13. [Notice of appropriation of money lodged in Queen's Bench Division, imder Order XIV., referred to in Rule 43.] High Court of Justice. — Queen's Bench Division. Notice of appropriation (under Bule 43 of the Supreme Court Funds Rules) of money lodged under Order XIV. Title of Cause or Matter "v. 18 . A. No. To the Assistant Paymaster General. Date 18 Take notice that £ of the money lodged in Court in the above action under Order dated 18 , is appropriated by the defendant [state name of party], in respect of the plaintiffs claim, as under, viz. : — ■* , (Signature) * Insert one of the following statements, as may be intended : (A.) "in satisfaction of claim of plaintiff " [state name of party']. (B.) " against claim of plaintiff " [state name of party] " with a defence denying liability." Form No. 14 (A). [Request for payment of money lodged "in satisfaction," referred to in Rule 44 (A).] High Court of Justice Division. Request for payment of money lodged, or appropriated, in satisfaction of claim [under Rule 5 or Rule 11 of Order XXII.] Title of Cause or Matter . v. 18 . A. No. Ledger credit } [In Chancery ■ [If same as title of cause, state " As above."] Division]. J To the Assistant Paymaster General. I hereby request that payment of the sum of £ , paid in in the above action may be made to* . (Signature) (Address) (Date) 18 .. * N.B, — If payment is to be made to the plaintiff's solicitor, the plaintiff must himself sign the request, and insert therein the words " the solicitor to me, the plaintiff" {naming sueh solicitor) ; but if payment is to be made to the plaintiff in person, the request may be signed either by the plaintiff, who should insert " me, the plaintiff," or by the solicitor of the plaintiff, who must insert ■" the plaintiff " (naming him). Payment will be made by a crossed cheque or crossed form of receipt, which must be passed through a bank. Form No. 14 (B). [Request for payment of money lodged " against claim," referred to in Rule 44 (B).] High Court of Justice , Division. Request for payment of money lodged, or appropriated, against claim, with defence denying liability [under Rule 6 or Rule 11 of Order XXII.] Title of Cause or Matter v. 18 . A. No. Ledger credit } [In Chancery r [If same as title of cause, state "As above."] Division]. ) To the Assistant Paymaster General. I hereby notify that the sum of £ paid in in the above action has been accepted by the plaintiff in satisfaction of the claim in respect of which it is paid in, and I declare that due notice has been given of such acceptance thereof. And I request that payment of the said sum may be made to* (Signature) (Address) (Date) 18 . * N.B. — If payment is to be made to the plaintiff's solicitor, the plaintiff must himself sign the request, and insert therein the words " thesolicitor to me, the plaintiff" (naming such solicitor) ; but if payment is to be made to the plaintiff in person, the request may be signed either by the plaintiff, who should insert "me, the plaintiff," or by the solicitor of the plaintiff, who must insert " the plaintiff '" (naming him). Payment will be made by a crossed cheque or crossed form of receipt, which must be passed through a bank. 64 SUPREME' COURT OF JUDICATURE. [LAW J. Supreme Cowrt Fiends Sules. Form No. 14 (C). [Certificate as to person entitled to money lodged " as security for costs," referred to in Bute 44 (C.)] High Court of Justice Division. Title of Cause or Matter' in which the money ■ v. 18 . A. No. was originally lodged. Ledger credit. [If same as title of cause, state " As above."] In pursuance of Bule 44 (C) of the Supreme Court Funds Rules, and Rule 27 A of Order XXXI. of the Rules of the Supreme Court, October, 1884, 1 certify that (a) is or are entitled to payment of the total sum of j£_ lodged in Court in the above cause or matter as under, by or on behalf of the (6) to a security for costs account under Rule 26 of Order XXXI. of the Rules of the Supreme Court, 1883, namely :— On 18 £ On 18 £ Dated this day of 18 . {Signature) (Title of Office) N.B. — The person applying for payment may be required to produce the receipt of the Bank of England for the lodgment of the amount. (a) Name of person to be paid, and whether as plaintiff or defendant, or as solicitor to plaintiff ov defendant. (i) Plaintiff or defendant. Form No. 15. [Declaration (referred to in Bule 62) to be made by the Widow or next-of-Mn of a person who has died intestate, when letters of administration have not been taken out, and when the total assets of the estate of the deceased have not exceeded the value of £100.] I (a) solemnly declare that I am the (b) and next or one of the next- of-kin of (c) deceased, and that I am entitled to take out administration to his estate and to receive the sum of £ directed to be paid to him by the Order dated 18 . And I further declare that the total value of the assets of the deceased, including the above sum, does not exceed 100Z. ; and I certify that the death-bed and funeral expenses of the deceased have been paid. And I make this solemn declaration conscientiously believing the same to be true. (Signature of Applicant) (Address) Declared before me this 18 Magistrate of or Minister of or Commissioner to administer oaths We certify that the person who has signed the above declaration is personally known to us, and that we believe his or her statement to be true. I To be signed by two householders ) resident in the Parish. I certify that the persons whose signatures are last above subscribed are resident house- holders in this Parish. Minister in the Parish of (a) Name of applicant. (i) Degree of relationship, (c) Name of deceased. *r