i 
 
Olarn^U Slam ^rtjoal Hibrarji 
 
Cornell University Library 
 KEO1072.A33 1869 
 
 General rules and orders for regulating 
 
 3 1924 016 956 611 
 
The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924016956611 
 
GENERA.L 
 
 RULES AND OEDEES 
 
 rOK REGULATING THE 
 
 PRACTICE OF THE DIVISION COURTS 
 
 IN 
 
 0]SrT_A.RIO, 
 
 AND 
 
 FORMS OF PROCEEDINGS THEREIN. 
 
 UNDER THE PROVISIONS OF SEVERAL STATUTES : 
 
 (22 Vic. Cap. 19; 27 & 28 Vio. Cap. 27 ; 32 Vic. Cap. 23 ; 22 Vic. Cap. 29; 23 Vic. Cap. 45 ; 22 
 
 22 Vic. Cap. 22, sees. 292 et seq. ; 22 .Xje. Cap. 57 ; 32 Vio. Cap. 36 ; sees. 63 et sea. ; 
 
 27 & 28 Vie. Cap. 5.) 
 
 FRAMED BY 
 
 THE BOARD OF COUNTY JUDGES. 
 
 PRINTED BY HUNTEE, EOSE & CO., KING STEEET WEST. 
 1869. 
 
TABLE OF CONTENTS. 
 
 RULES. 
 
 PAOB. 
 
 1. Time of coming into operation 2 
 
 2. Interpretation 2 
 
 CLAIM AND PAETICULAES. 
 
 3. Names of parties and places of abode to be stated 3 
 
 4. To be in detail, according to form 4 
 
 5. When Defendant sued to nearest Court 4 
 
 6. In actions against officers on Security C ovenant 
 
 7. In proceedings on Judgment Summons 4 
 
 8. Where excess abandoned' 4 
 
 PROCESS. 
 
 9. To be under the Seal of the Court, &c. ..A 4 
 
 10. First Process, the commencement of action, &c 5 
 
 11. " Ordinary Summons," when to issue 5 
 
 12. "Special Summons," when to issue...., 5 
 
 13. "Summons in Replevin," when to issue 5 
 
 14. Alias and Pluries 5 
 
 15. When chose ia action, &c., sued on 5 
 
 16. Leave to issue under 72nd Sec 6 
 
 17. Concurrent Summonses 5 
 
 SPECIAL STJMMOITS. 
 
 18. When returnable, &c 6 
 
 19. Changing notice of Sittings upon 6 
 
 20. What deemed a notice of disputing claim 6 
 
 21. Clerk to notify Plaintiff when claim partly disputed, &c 6 
 
 22. Provision in case of several Defendants and all not served 6 
 
 23. Provision for judgment against Defendants in default 6 
 
 24. Provision for judgment where some dispute, others do not 7 
 
IV TABLE OF CONTENTS. — EULES. 
 
 PAGE. 
 
 26. Provision for judgment against defaulting and confessing De- 
 
 fendants , 7 
 
 27. Provision for judgment when Defendants served at different 
 
 periods 7 
 
 28. Provision for judgment, some Defendants in default, some 
 
 defending 8 
 
 29. Provision for relief of such Defendants in default 8 
 
 30. When confession after default Plaintiff may elect for judgment 8 
 
 31. Suit not to abate if entry of judgment delayed 8 
 
 32. Entry and form of judgment 9 
 
 33. Execution 9 
 
 34. Execution only to Bailiff of the County, &c 9 
 
 ATTACHMENTS. 
 
 35. Form of affidavit for, and time of trial 9 
 
 36. Right of attaching creditors to dispute claims 9 
 
 INTEEPLBADBR. 
 
 37. When Summons to be served 9 
 
 38. Particular of claim to be given in, and requisites 10 
 
 39. Failing particulars, case may be adjourned... \ 10 
 
 40 . Costs of Bailiff to be allowed, if case dismissed 10 
 
 REPLEVIN. 
 
 41. No other cause of action to be joined in cases of 10 
 
 42. In case of distress for rent 10 
 
 43. In case of distress damage feasant 10 
 
 44. In other cases 11 
 
 45. Payment into Court and consequence 11 
 
 46. Bailiff to take bond before Replevying 11 
 
 47. Bailiff to Replevy before serving Summons 11 
 
 48. Summons, in how served 11 
 
 49. Ruturn of Summons U 
 
 60. When property eloigned 12 
 
 GARNISHEE PROCEEDINGS. 
 
 51. Af&davit for Attachment, what to contain 12 
 
 52. Warning to be endoj-sed on order, &c 12 
 
 53. When and how Summons to be served 12 
 
TABLE OF CONTENTS. — RULES. V 
 
 PAGE. 
 
 54. Primary debtor to be served 12 
 
 55. Judge may order substitutional service..' 12 
 
 56. Judgment by default on non-appearance 13 
 
 57. Transcript of judgment to be filed in certain cases 13 
 
 58. Pajrment before judgment to be upon order 13 
 
 59. Application under sec. 14 (Act of 1869) and proceedings 13 
 
 60. Bond from Primary Creditor, what required in 13 
 
 61. Garnishee liable for costs in certain cases 13 
 
 62. As to entries in debt attachment book, <tc 13 
 
 63. Proceedings against Garnishee under C. L. P. Act 14 
 
 PEOCEEDINGS BY AND AGAINST EXECUTORS AND ADMINISTRATORS. 
 
 64. Suggestion in Summons of devastavit , 14 
 
 65. Judgmentupon devastavit 14 
 
 66. Judgment where Defendant denies representative character, &c. 14 
 
 67. Judgment where demand denied, &c 14 
 
 68. Judgment on plea ot plene aAministravit, &c., proved 14 
 
 69. Judgment on plea of plene adm/i/nistraAnt not proved, demand 
 
 denied 14 
 
 70. Judgment of assets giiiomcfo accideri/rd, &c 15 
 
 71. Judgment on plea of plene ad/ministravit not proved, demand 
 
 denied 15 
 
 72. Proceedings upon judgment, alleging assets accrued 15 
 
 73. Where Executor's liability admitted, money to be paid into 
 
 Court 15 
 
 74. Judgment as to costs of disproving defence in unprovided cases 15 
 
 75. Judgment against Executors, and for costs in actions by them, &c. 16 
 
 CLERKS AND BAILIFFS* DUTIES. 
 
 76. As to place of holding Clerk's office 16 
 
 77. As to books to be kept, and the entries therein 16 
 
 78. Clerks to number claims 16 
 
 79. Special Summons, when warranted, to be used 16 
 
 80. Clerk to annex claim to Summons 16 
 
 81. Duties as to process for service in Foreign Division, &c.' 16 
 
 82. When Summons to be served 17 
 
 83. Clerk's return of emoluments 17 
 
 84. Clerk's return of unclaimed moneys 17 
 
 85. Service of Summons under the 160th section, &o 17 
 
 86. Manner in which papers in a cause to be preserved 17 
 
VI TABLE OF CONTENTS. — EXILES. 
 
 PAGE. 
 
 87. Clerk's notice of payment into Coixrt, form prescribed 17 
 
 88. Clerk's notice of Defendant disputing claim, or other notice, &c. 17 
 
 89. Costs to be taxed on "bill of items in detail 18 
 
 90. When and how Summons to be returned by Bailiff 18 
 
 91. Bailiff's duties at Court prescribed 18 
 
 92. ' ' Bailiff's Process Book " prescribed, the entries therein 18 
 
 93. As to periodical returns by Bailiff 18 
 
 94. Bailiff's returns to be filed with Clerk, and open to inspection. . . 19 
 
 95. Clerk to notify the receipt of moneys — failing subjected to loss 
 
 of office 19 
 
 96. Bailiff receiving moneys to pay over — failing subjected to loss 
 
 of office 19 
 
 97. Clerks and Bailiffs not to make suitors' moneys subject of pri- 
 
 vate account 19 
 
 98. Officers hindering or delaying suit, forfeit fees, &c 19 
 
 99. Officers not to purchase, &c. , judgment — offending subjected to 
 
 loss of office 19 
 
 100. Officers not to act as agents during conduct of cause 20 
 
 WABKAifTS OF COMMITMENT. 
 
 101. Date of entry, respecting and duration of 20 
 
 102. Renewal of, how made 20 
 
 103. Officer to endorse day of arrest under and travel 20 
 
 AMENDMENTS. 
 
 *104. Where one form of Summons used instead of another 20 
 
 105. Striking out name of Defendant, &c 20 
 
 106. In actions in name of Assignee of chose in action 20 
 
 107. When suit in Plaintiff's own right, instead of in a representative 
 
 character 21 
 
 108. Wliere name, &c. , of Plaintiff insufficient or incorrect 21 
 
 109. Non-joinder or misjoinder in actions by husband and wife 21 
 
 110. Where a greater number made Plaintiffs than law requires 21 
 
 111. Where a less number made Plaintiffs than law requires 21 
 
 112. Where more persons made Defendants than law requires 21 
 
 113. Where some of several Defendants not served 22 
 
 114. Where name, &o. , of Defendant insufficient or incorrect 22 
 
 115. Where a person other than Defendant admits at hearing, he is 
 
 the party 22 
 
TABLES OF CONTENTS. — RULES. V 
 
 PAGE. 
 
 116. Where person wrongly sued in representative character 22 
 
 117. As to variances and amendments 22 
 
 118. Judge may at all times amend defects and errors, «S;c. 22 
 
 119. Amendment ordered, Clerk to make proceedings correspond ... 23 
 
 GENERAL RULES. 
 
 120. Claims by husband and wife, &c. , may be joined 23 
 
 121. Leave of Court minuted, no formal order necessary 23 
 
 122. Judge may non-suit in jury cases 23 
 
 123. How and from whom leave to issue Summonses under section 72 
 
 obtained 23 
 
 124. Note of hand for gambling, debt, &c. , no jurisdiction 23 
 
 125. Parties to leave address with Clerk 23 
 
 126. Actions by infant — next friend 24 
 
 127. Of continuation of action, limitation, &c 24 
 
 128. Statutory defences 24 
 
 129. Payment into Court under sees. 88 and 91 25 
 
 130. Payment into Court under sees. 87 and 90 25 
 
 131. Confession before action 25 
 
 132. Notice of admission to save cost in proof 25 
 
 133. Affidavit and oaths 25 
 
 134. Oaths, &c., in open Court 26 
 
 135. Stamps, how attached 26 
 
 136. Amount of stamps in Replevin and Interpleader 26 
 
 137. Inspection of documents 26 
 
 138. Discontinuance of action 27 
 
 139. Adjournment of suit — order need not be served 27 
 
 140. Where reqmsites of practice, omitted — postponement on terms 27 
 
 141. Application to put off trial 27 
 
 142. Applications for new trial 27 
 
 SETTINa ASIDE OR SIAYIN(} PROCEEDINGS. 
 
 143. Judge may refuse to set aside, &c. , for irregularity 28 
 
 144. Applications for, may be viva voce, or on affidavit, &c 29 
 
 POSTAGE AND COSTS. 
 
 145. Postage and registration of letters provided for 29 
 
 146. Costs in appeal from Court of Revision 29 
 
 147. Witness fees 29 
 
 148. As to unauthorized forms and proceedings 30 
 
viii TABLE OF CONTENTS. — RULES. 
 
 PAGE. 
 JtJDGMEKT. 
 
 149. Entry of, and when and where payable 30 
 
 150. Entry of an award 30 
 
 151. When one of several joint contractors sued — right of defence... 30 
 1.52. Entry of for balance of set-off 30 
 
 ABATEMENT. 
 
 153. Where, before judgment, one of several parties dies 30 
 
 154. Where, after judgment, one of seyeral parties dies 31 
 
 REVIVING JUDGMENT, ETC. 
 
 155. During lives of parties, execution may issue within 6 years, &c. 31 
 
 156. Execution, &c., not to issue if no action within 12 months 31 
 
 157. As to Summons for revival 31 
 
 158. As to renewing executions 31 
 
 suitors' moneys. 
 
 r 
 
 159. Payable at Clerk's oflce, or transmitted to party himself 31 
 
 transcripts op^judgment. 
 
 160. For County Court to be in prescribed form and size..." 32 
 
 161. Entry respecting issue of — upon issue, no further action to be 
 
 had — proceedings stayed 32 
 
 162. No proceedings upon where revival necessary, or suit abated... 32 
 
 163. Book for entering, under Act, to be Procedure Book 32 
 
 164. Officers' fees 32 
 
 165. Application of rules to Algoma and Muskoka 33 
 
 166. Time of meeting of Board 33 
 
TABLE OF CONTENTS. 
 
 FORMS. 
 
 PAGE. 
 
 1. Schedule of Clerk's fees 34 
 
 2. Schedule of Bailiff's fees , 35 
 
 3. Allowance to Witnesses t!5 
 
 Allowance to Jurors 35 
 
 Allowance to Appraisers ■. 36 
 
 4. Procedure Book 36 
 
 5. Cash Book , 38-39 
 
 6. Debt Attachment Book 40 
 
 7. Undertaking for Costs— suit by infant 41 
 
 8. Affidavit, leave to sue Defendant in another Division 41 
 
 9. Affidavit, leave to sue where several Defendants 42 
 
 10. Schedule to above Affidavit 43 
 
 11. Affidavit for Attachment 44 
 
 12. Attachment against absconding debtor 45 
 
 13. Affidavit for order for writ of Replevin 45 
 
 14. Affidavit for writ without order , 46 
 
 15. Claim in E«plevin 47 
 
 16. Particulars in contract 47 
 
 17. Particulars in cases of tort 48 
 
 18. Particulars in actions against officers and sureties 48 
 
 19. Application for Interpleader 49 
 
 20. Landlord's claim for rent 49 
 
 21. Particulars of claim in Interpleader 50 
 
 22. Ordinary Summons to appear 50 
 
 23. Special Summons 51 
 
 24. Summons in Replevin 53 
 
 25. Interpleader, Summons to Claimant 54 
 
 26. Interpleader, Summons to Plaintiff 54 
 
 27. Application for Judgment 55 
 
 28. Judgment Summons 55 
 
 29. Judgment Summons after default 66 
 
X TABLE OF CONTENTS. — FORMS. 
 
 PAGE. 
 
 30. Summons by Executor to revive Judgment 58 
 
 31. Svaamons on a, Devastavit 58 
 
 32. Suggestion oi Bevastamt in Summons 59 
 
 33. Summons to revive Judgment against Executor 59 
 
 34. Summons to Executor and alleging assets since judgment 60 
 
 35. Order of reference 61 
 
 (a) Appointment of Umpire 61 
 
 (6) Appointment, meeting on reference 61 
 
 (c) Enlargement to be endorsed 61 
 
 36. Award 62 
 
 37. Summons to Jurors 62 
 
 38. Summons to Witness 62 
 
 39. Summons to Witness before Arbitrator 63 
 
 GAKNISHEE PROCEEDINGS TO JUDGMENT. 
 
 40. Affidavit for order to attach debt 64 
 
 41. Judge's attaching order 64 
 
 42. Warning to garnishee 65 
 
 43. Summons to garnishee, &c. , after judgment 66 
 
 44. Summons to garnishee, &c. , before judgment 66 
 
 45. Entry of Judgment against garnishee, after judgment against 
 
 primary debtor 67 
 
 46. Entry of Judgment against garnishee and primary debtor 67 
 
 47. Entry of Judgment in favour of garnishee 67 
 
 (a) Bond under 15th section of the Act of 1869 68 
 
 48. Non-appearance of garnishee, (0. L. P. Act, sec. 296) 68 
 
 49. Admission of debt by garnishee, (0. L. P. Act, sec. 296) 68 
 
 50. Denial of debt by garnishee, (C. L. P. Act, sec. 296) 69 
 
 MINUTES OF JUDGMENT IN PEOCEDUBB BOOK. 
 
 61. Against Defendant for debt or damages 69 
 
 52. Against Defendant on "Specia? Summons." ; 69 
 
 53. Against some Defendants who are served with " Special Swn- 
 
 moiis," and others confess ■. 70 
 
 64. Of non-suit or dismissal 70 
 
 55. On award 70 
 
 56. For Defendant 70 
 
 57. For Defendant, where set-off part satisfied 70 
 
 68. For Defendant, for balance of set-off 70 
 
 59. Ordinary judgment against Executor, &c 71 
 
TABLE OF CONTENTS. — FORMS. xi 
 
 . PAGE. 
 
 bO. Against Executor who has wasted assets 71 
 
 61. Against Executdr who denies representative character, &o 71 
 
 62. Against Executor who admits representative character, but de- 
 
 nies the demand , j^ 
 
 63. Against Executor, character admitted but demand denied and 
 
 administration alleged and proved 71 
 
 64. Against Executor, administration alleged, but not proved 72 
 
 65. Against Executor, where pkne admvrmtrmit alleged and proved 72 
 
 66. Against Executor, where pkm admmistravit alleged but' not 
 
 proved 72 
 
 67. Against Executor, on devastavit after judgment 73 
 
 68. To revive judgment against Executor 73 
 
 69. For Executor to revive a judgement 73 
 
 70. Of judgments in Replevin 73 
 
 71. Adjudication on Interpleader 74 
 
 72. Imposition of fine on a Juror 74 
 
 73. Imposition of fine for contempt (in open Court) 74 
 
 74. Imposition of fine on Witness 75 
 
 75. Postponed judgment, (section 106) 75 
 
 76. Order for new trial 75 
 
 BXBCUTIOlirS. 
 
 77. Against goods of Defendant 76 
 
 78. Against gooda of Plaintiff 77 
 
 79. For balaojce of set-ofif. 77 
 
 80. Under 27 & 28 Vic, cap. 27 77 
 
 81. On transcript from one Division Court to another 78 
 
 82. For Executor on judgment revived 78 
 
 83. On judgment revived against Executor 79 
 
 84. Against goods of Testator 80 
 
 85. In Replevin against Plaintiff for return of goods, &c 81 
 
 86. Against Garnishee on judgment already recovered 82 
 
 87. Against Garnishee on judgment against him and primary debtor 83 
 
 88. Against Garnishee and primary debtor on like judgment 83 
 
 89. For Garnishee's costs 84 
 
 90. On Garnishee proceedings under sections 293 & 296 of Com. L. 
 
 Pro. Act 85 
 
 91. Against goods of Claimant in Interpleader 86 
 
 92. Under Act respecting Line fences, &c 87 
 
 93. Warrant of commitment in default of appearance 88 
 
XU TABLE OF CONTENTS. — FORMS. 
 
 PAGE. 
 
 94. Warrant of Commitment after examination 89 
 
 95. Warrant to levy fine upon witness 90 
 
 96. Warrant of commitment for Contempt in open Court 91 
 
 97. Certificate for discharge of party committed 92 
 
 TBANSCRIPTS. 
 
 98. To another Division Court of judgment on " Special Sitmmo™ " 93 
 
 99. To County Court of judgment on " Special Summons" 94 
 
 100. To another Division Court of ordinary judgment 95 
 
 NOTICES. 
 
 101. Of trial by jury and new trial 96 
 
 102. Clerk's notices to the Plaintiff. 96 
 
 (1) Of confession 96 
 
 (2) Of claim disputed or not disputed 96 
 
 (3) Of claim paxtly disputed 96 
 
 (4) Of set-off 97 
 
 (5) Statute of Limitations 97 
 
 (6) Discharge under Insolvent Act 97 
 
 (7) Of certain items of claim admitted 97 
 
 (8) Admission of making promisory note, &c 97 
 
 (9) Of payment into Court 97 
 
 (10) Of tender before action, &c 97 
 
 (11) That Plaintiff not a certificated Attorney...! 97 
 
 (12) That note not duly stamped (or stamp not duly cancelled) 97 
 
 (13) That notice of action not given 97 
 
 (14) Action defended under protecting clauses of Div. Courts 
 
 Act 98 
 
 103. Defendant's notice to Plantiff or Clerk 98 
 
 GBNEEAL FORMS. 
 
 104. Confession after suit commenced 99 
 
 105. Bond on sMjjersecieas to attachment 99 
 
 106. Affidavit of service of ordinary summons 100 
 
 107. Affidavit of service of special summons 101 
 
 108. Affidavit of Execution of confession ; 102 
 
 109. Affidavit of Execution of any instrument 102 
 
 110. Forms of Oath, &c. :— 
 
 (a) Oath to witness at trial who swears on Bible 102 
 
TABLE OF CONTENTS. — FORMS. XIU 
 
 PAGE. 
 
 (b) Oath to witness who swears with uplifted hand 103 
 
 (c) Oath to witness who is a Jew 103 
 
 (d) Oath to witness, Quaker, Menonist, Tunker, &c 103 
 
 (e) Oath to an interpreter 103 
 
 (f) Oath to witness on voire dire 103 
 
 (g) Oath to jury called by parties 103 
 
 (h) Oath to jury called by Judge 103 
 
 (i) Oath to Defendant on judgment summons 103 
 
 (j) Oath to officer when a juror retires 104 
 
 (k) Oath to officer when jury retire to consider verdict 104 
 
 (I) Oath to dependent as affirmant to affidavit, &c 104 
 
 (m) Oath to witness by Arbitrator or Umpire 104 
 
 (n) Jurat to affidavit by illiterate person 104 
 
 (o) Affirmation by Quaker, &c., and Jurat 104 
 
 111. Affidavit of justification 105 
 
 112. Affidavit of disbursements 106 
 
 113. Affidavit for revival of judgment 107 
 
 114. Form of Bill of Costs 108 
 
 115. Clerk's return of emoluments 109 
 
 116. List of unclaimed moneys no 
 
 bailiff's forms. 
 
 117. Replevin Bond HI 
 
 118. Assignment to be endorsed thereon Ill 
 
 119. Returns to writ of Replevin 112 
 
 120. Inventory of goods seized or replevied ;. 112 
 
 121. Appraiser's oath ;.,... U2 
 
 122. Appraisement to be endorsed on Laventory 113 
 
 123. Notice of Sale U^g 
 
 124. Returns on Executions, &c 113 
 
 (a) Nulla bona 113 
 
 (b) Money made 113 
 
 (c) Money partly made 113 
 
 f(i; Rent levied by Bailiff. _ 114 
 
 125. Bond on seizure or sale of perishable property 114 
 
 126. Form of Return and " Bailiff's Process Book." 116 
 
PEOVINCE OF ONTARIO. 
 
 By the Division Courts Act, it is enacted that the Governor may- 
 appoint and authorize five of the County Judges from time to time, 
 to frame General Rules and Forms concerning the practice and pro- 
 ceedings of the said Division Courts, and the execution of the process 
 of such Courts, and with power also to frame rules and orders ia re- 
 lation to any of the provisions of the said Act, or of any future Act 
 respecting such Courts, as to which doubts have arisen or may arise, 
 or as to which there have heen or may be conflicting decisions in any 
 of such Courts; that the County Judges so appointed, or any three of 
 them, shall, under their hands, certify to the Chief Justice of Upper 
 Canada all rules and forms by them made, and that the Chief Justice 
 shall submit the same to the Judges of the Superior Courts of Com- 
 mon Law, at Toronto, or to any four of them, and that the Judges of 
 the Superior Courts, (of whom the Chief Justice, or the Chief Jus- 
 tice of the Court of Common Pleas shall be one) may approve of, dis- 
 allow, or amend any such rules or forms, and that the rules and 
 forms so approved of shall have the same force and effect as if they 
 had been made and included in the said Division Courts Act. 
 
 And whereas by the Act of the Legislature of this Province, passed 
 in the 32nd year of Her Majesty's reign, intituled " An Act to amend 
 the Acts respecting Division Courts," it is enacted that the County 
 Judges so to be appointed as aforesaid, shall be styled "The Board of 
 County Judges," and shall have authority from time to time, in ad- 
 dition to their present powers, to make rules also for the guidance of 
 Clerks and Bailiffs, and in relation to the duties and services to be 
 performed, and to the fees to be received by them ; and that the said 
 Board may, from time to time, alter or amend any rules or orders 
 made for said Courts. 
 
 And whereas the Lieutenant-Governor of this Province, in exer- 
 cise of the power so given to him, on the 24th day of March last, 
 appointed James Eobert Gowan, Stephen James Jones, David John 
 Hughes, James Daniell, and James Smith, five of the County Judges 
 of this Province, to frame new general rules and forms concerning 
 the practice and proceedings of the Division Courts and the execution 
 
2 RULES. 
 
 of the process of such Courts, and also to frame new rules and orders 
 in relation to the Division Courts Act, and any subsequent Act or 
 Acts respecting such Courts, as to which douhts have arisen or may- 
 arise, or as to which there have been or may be conflicting decisions 
 in any of such Courts, and also to make rules for the guidance of 
 Clerks and Bailiffs, and in relation to the duties and services to be 
 performed, and the fees to be received by them. 
 
 Now, in sursuance of the powers vested in us, we, the said James 
 Eobert Gowan, Stephen James Jones, David John Hughes, James 
 Daniell, and James Smith, have framed the following rules, orders, 
 and forms for use in the said Courts, and to be in force until other- 
 wise ordered as aforesaid, and we do certify the same to the Honorar 
 ble the Chief Justice of Upper Canada accordingly. 
 
 Toronto, 1869. 
 
 RULES, 
 
 TIME OF OPERATION. 
 
 1. The Rules of Practice and the Forms now in use in the several 
 Division Courts shall, on and from the second day of August, AD. 
 1869, cease to be used, and in lieu thereof, the foUovnng shall on and 
 from such day, be the Rules, Orders and Forms in force and used in 
 said Courts. But any action, process, order, judgment, or proceed- 
 ing, pending, existing, or in force in any Division Court at that time, 
 shall not be thereby affected, but shall continue and remain, and so 
 far as necessary, be proceeded with under these rules and forms, if 
 applicable, or otherwise under the rules and forms hitherto in use, or 
 as the Judge may direct. 
 
 INTERPRETATION. 
 
 2. In construing these Rules and Forms, unless otherwise de- 
 clared or indicated by the context, the following words shall have the 
 several meanings hereby assigned them over and above their several 
 ordinary meanings, viz : — n.st) The words " the Act" shall mean 
 the Division Courts Act (Consolidated Statutes of Upper Canada, 
 chapter 19); and the words "the Act of 1869" shall mean the 
 
KULES. 3 
 
 32nd Vic, Cap. 23, "An Act to amend the Acts respecting Division 
 Courts;" (2) The word "party" shall mean a party to a suit or 
 proceeding ; (3) The word " person " shall mean any person, whether 
 a party to a suit or proceeding or not; (4) The words "person" or 
 " party " shall include, and be understood to mean a body politic or 
 corporate, as well as an individual; (5) The word "'executor" shall 
 be held to embrace and mean " of the last will and testament," and 
 extend to parties acting as such of their own wrong; (6) The word 
 "administrator" ?hall be held to embrace and express " of the goods 
 and chattels, rights and credits, which were,,,&'a. ;" (7) Every word 
 importing the singular number shall, where necessary, be understood 
 to mean several persons or things, as well as one person or thing; (8) 
 Every word importing the masculine gender shall, where necessary, 
 be understood to mean a female as well as a male ; (9) The word 
 " sworn," and the words " on oath," shall be understood to mean 
 affirmed or on oath viva voce, or by affidavit or affirmation ; (10) The 
 words " Home Court " and " Home Division " shall mean respectively 
 the Court and'Division from which process origiaally issued; (11) 
 The words "Foreign Court" and "Foreign Division" shall mean 
 respectively the Court and Division into which process is issued from 
 another Court; (12) The words "Judge" and "Clerk" respectively 
 shall be taken to extend and be applied to the Junior, Deputy, or 
 Acting Judge, .or 'Deputy Clexk (as the case may be or require); (13) 
 The words " Plaintiff" and " Defendant " respectively shall be mutu- 
 ally transposed, where necessary, for the proper application and con- 
 struction of any of these Rules or the Forms herewith, or for giving 
 effect thereto ; (14) The word "County" shall include any two or 
 more Counties united for judicial purposes ; (15) The words, " the 
 claim," shall mean the demand or the subject matter for which any 
 suit or proceeding is brought or instituted in a Division Court; (16) 
 The word " process " shall mean any sununons, writ, or warrant 
 issued under the seal of the Court, or Judge's summons or order. 
 (17) In any fbrm.or proceeding, the words " United Counties" shaU 
 be introduced according to law, and circumstances rendering the same 
 necessary. 
 
 CLAIM AND PAETICULARS. 
 
 3. Every claim should shew the names in full, and the present or 
 last known places of abode of the parties, and must be' written in a 
 legible manner, and deUvered to the Clerk, at his office ; provided 
 that if the Plaintiff is unacquainted with the Defendant's christian 
 name, the Defendant may be described by his surname, or by his sur- 
 name and the initials of his christian name, or by such name as he is 
 generaly known by: and the -Defendant may 'h6 so described in the 
 process, aiid-thesaBie maybe takefi tobe as valid^as if the true chris- 
 tian name and surname had been stated therein ; and all subsequent 
 
4 RULES. 
 
 proceedings thereon may be taken in conformity with such descrip- 
 tion ; or, when the Defendant's true name is discovered, the proceed- 
 ings may be amended accordingly, on such terms as the Judge thinks 
 fit. 
 
 4. The claim shall, in every case admitting thereof, shew the par- 
 ticulars in detail ; and, in other cases, shall contain a statement of 
 the particulars of the claim, or the facts constituting the cause of 
 action, in ordinary and concise language, and the sum or sums of 
 money claimed in respect thereto : (The Forms 15 to 21 are given 
 by way of illustration). But in all cases, the Judge, in his discre- 
 tion, and on such terms as he thinks fit, may adjourn the hearing for 
 a statement of particulars or further particulars. 
 
 5. Where a Plaintiif sues a Defendant, under the provisions of the 
 Act 27 and 28 Vic, Cap. 27, the claim shall contaia the following 
 statement : " And the Plaintifi' enters this suit, and claims to have it 
 tried and determined in this Court, because the place of sitting 
 thereof is the nearest to the Defendant's residence." 
 
 6. In all actions in Division Courts against oflicers and their sure- 
 ties (under the 25th and subsequent sections of the Act) on the 
 officer's Security Covenant, the particulars of the claim, shall be ac- 
 cording to the Form 18. The process and subsequent proceedings to 
 be the same as in ordinary cases. 
 
 7. Where a party, having an unsatisfied judgment, desires to pro- 
 ceed under the 160th and subsequent sections of the Act, he shall enter 
 with the Clerk a minute in writing according to the Form 27, or to 
 the like effect, which shall be numbered in the order in which it 
 shall be received ; and, if he proceeds in a Division Court, other 
 than the one in which the judgment was entered, he shall, with the 
 minute, deliver to the Clerk a transcript of the judgment; and 
 thereupon a summons (Form 28) bearing the number of the minute 
 shall issue. 
 
 8. Where the excess is abandoned, it must be done, in the first 
 instance, on the claim. 
 
 PEOCESS. 
 
 9. All first process issued under the seal of the Court, shall be 
 signed by the Clerk, dated the day on which the claim is entered, 
 and numbered to correspond with the claim on which it issues, and, 
 with the exception of Warrants of Attachment, duly stamped. 
 
RULES. 5 
 
 10. The first process issued in a suit under the seal of the Court 
 shall for all purposes be held to be the commencement of the action. 
 
 11. The first process for the recovery of a debt or money demand, 
 or for a tort or other personal action, may be a summons and called 
 " Ordinary summons" (Form 22). 
 
 12. In actions for the recovery of a debt or money demand^ where 
 the particulars of the Plaintiff's claim are given with reasonable cer- 
 tainty and detaii (under the Act of 1869,) the first process may 
 be a summons, and called " Special Swmmons" and may be in the 
 Form 23 set forth in the Schedule ; and the Warning No. 1 therein 
 shall stand in heu of the Form A in the Schedule in the last men- 
 tioned Act. 
 
 13. In actions of Eeplevin, the first process shall be a writ of 
 Eeplevin and Summons called "Summons in Eeplevin" (Form 24). 
 
 14. An alias or pluries process shall be dated on the day on which 
 it actually issues. 
 
 15. Where the Plaintiff sues under the 152 section of the Act, 
 the proceeding shall be by "ordinary summons" or "special sum- 
 mons," but in addition to the notice or notices and warnings 
 on the original summons to appear there shall be added the follow- 
 ing : " The Defendant is informed and cautioned that I K 
 
 (insert the name of the beneficial Plaintiff) only has power to dis- 
 charge this suit, the subject matter thereof having been seized under 
 execution." 
 
 16. Leave to issue a summons or process under the 72nd section 
 of the Act may be granted at any time by the Judge, on pro- 
 duction of an affidavit, (Forms 8 or 9), or upon oath to the 
 same effect, at any sittings of the Court, in which the action is to be 
 brought ; and where a summons issues by leave of the Judge, no 
 written order for such leave shall be necessary, but it shall be suffi- 
 cient to insert in the summons " Issued by leave of the Judge." 
 
 17. Where there are more Defendants than one, and they reside 
 in different counties, concurrent summonses inay issue >f or the service 
 of the Defendants residing out of the county in which the action 
 is brought, but the costs only Of the summons actually served shall 
 be aUdtred on taxation, unless the Judge directs otherwise ; and such 
 concurrent summons shall correspond with the original, and be 
 marked in the margin " concurrent summons." 
 
6 RULES. 
 
 SPECIAL SUMMONS. 
 
 18. Every " Special Summons" shall be returnable on the eleventh 
 day after the day of service thereof upon the Defendant, in case the 
 Defendant, or one of the Defendants, resides in the County in which 
 the action is brought ; in case none of the Defendants reside in the 
 County, but one of them resides in an adjoining County, the Spe- 
 cial Summons shall be returnable on the sixteenth day after the day 
 of such service ■ and in case none of the Defendants reside in the 
 County within which the action is brought, nor in an adjoining 
 County, the Spedial Summons shall be returnable on the twenty-first 
 day after the day of such service upon the Defendants. 
 
 10. In case a ^^ Special Summons" shall not be served in time to 
 make the notice of the sittings of the Court at the foot of " Warning 
 No. 2" available for the information of the Defendant, the Bailiff 
 shall return the same forthwith to the Clerk who issued the summons, 
 and the Clerk shall add a new notice of the proper days of the 
 week and month on which the next two sittings of the Court are to 
 be held, and shall return or transmit the same to the Bailiff for ser- 
 vice. 
 
 20. A Defendant giving notice of set-ofif or other Statutory defence, 
 or paying money into Court, or pleading a tender, shall be deemed 
 to have sufficiently given the Clerk notice of disputing the Plaintiff's 
 claim within the meaning of the Act of 1869. 
 
 21. When the Defendant's notice of defence disputes the claim in 
 part only, the Clerk shall in the manner provided for in Eule 88, 
 hereby notify the Plaintiff thereof, and require him forthwith to 
 say in writing, if he is willing to take judgment for such part ; and 
 if the Plaintiff fails to notify the Clerk that he is content to take 
 judgment for the part admitted, it will be assumed that.he seeks to 
 recover the whole claim, and in such case the Plaintiff must proceed 
 to trial as in ordinary cases. 
 
 22. In case there are several Defendants, and all of them have, not 
 been served with a special summons, then unless the Plaintiff is con- 
 tent to take judgment against those served only, judgment cannot be 
 entered on his behalf under the said Act, but the Plaintiff will have 
 to proceed to a hearing before the Judge as in ordinary cases. 
 
 23. In case the notice required by the second section of the Act of 
 1869 has not been given by a sole Defendant^ or by one or more of 
 several Defendants, (and the Plaintiff is willing to take judgm,ent 
 against those only,) and leave to dispute the Plaintiff's claim has not 
 
RULES. 7 
 
 been given by the Judge, the Clerk, after receiving a return of the 
 " fecial srnnmons," with the proper affidavit of service may, on the 
 twelfth day after the service of the sununons, where the return, day 
 is the eleventh day after service, and on the seventeenth and twenty- 
 second days respectively, where the sixteenth and twenty-first days 
 after the day of service are the return days of such summons, or at 
 any time within one month after such return day, enter judgment 
 against the Defendant or Defendants so served as aforesaid, for 
 the claim, or so much thereof as has not been disputed, if the 
 Plaintiff is content with judgment for such part. If the Plaintift is 
 not content to take judgment for the part not disputed, he must 
 proceed to trial, as in ordinary cases, and the part of such claim not 
 disputed, shall be considered as admitted and confessed by the De- 
 fendant or Defendants. 
 
 24. In case a sole Defendant, or some one or more of several De- 
 fendants served with a " special summons," has or have given the 
 necessary notice of defence required by the Statute, and the Plaintiff 
 is hot willing to take judgment against those Defendants only who 
 have made default, the action shall thereafter be proceeded with as 
 in, ordinary cases, and the default of those Defendants (if any there 
 be,) who have not given the notice at the time limited (unless the 
 Judge gives them leave to put in such notice afterwa,rds,) shall be 
 considered as against them, a confession of the Plaintiff's claim. 
 
 26. In actions commenced by special summons where there are 
 more Defendants than one, and some of them have been served with 
 process, but have not given any notice disputing the Plaintiff's claim, 
 and other or others of them have not been served, but have given a 
 confession of the debt, the Clerk shall produce or transmit the con- 
 fession duly proved to the Judge for his order, and when the Judge's 
 order shall be procured, the Clerk may enter judgment therein 
 within one month after the return of the summons against all the 
 Defendants for the amount claimed in the particulars, or so much 
 thereof as has not been disputed (if the Plaintiff is content with judg- 
 ment for part), provided that the Defendants who have confessed 
 shall have acknowledged the same amount by their confession, and 
 such judgment may be in the form 53, and it shall not be in the 
 power of the Plaintiff to elect either to proceed on the confession 
 against some of the Defendants, or to obtain final judgment against 
 those Defendants who have not confessed, but the judgment shall be 
 entered against all the Defendants jiontly. 
 
 27. In any action brought against two or more Defendants by 
 " Special Summons," and. all such Defendants are not served on the 
 same day,. the Clerk, if no notice of defence is entered by, such Defen- 
 dant* or Defendants as are first served, may, on the day he could have 
 
8 RULES. 
 
 entered final judgment against such Defendants, if they had been all 
 served; enter a minute in the Procedure Book, stating the fact of se^ 
 vice, and of no defence, and the Clerk may so proceed against eack 
 Defendant as the time falls due, until the last is served, when if he 
 does not put in the necessary notice of defence in the proper time, 
 final judgment may be signed against all,; but if it is not desired to 
 enter judgment against one of the, several Defendants till all have 
 been served, no such minute need be made. 
 
 28. If one or more liot being all of such Defendants, put in the 
 necessary notice, the action shall proceed as in other cases, the Clerk, 
 (unless the Plaintiff wishes to abandon those who defend) not siting 
 judgment against those who have bfeen minuted, as a;foresaid, until the 
 action against all is determined, so as to haVe but one taxation of 
 costs. When the case is tried, if a judgment be given for the Plaintiff 
 against those Defendants who dispute the claim, the Clerk may enter 
 filial judgment against all the Defendants ; if at such trial a judgment 
 be given for those Defendants, or any of them that dispute the Plain- 
 tiff's claim, the Plaintiff if not intending to make a motion to have 
 the said judgment reversed or altered, must obtain leave to amend his 
 proceedings by striking out the names of those Defendants in whose 
 favour judgment at the trial was given, and final judgi&ent may be then 
 entered against those who have been minuted as above and against 
 any Defendant against whom judgment at such trial was given. 
 
 29. Any Defendant who has been minuted as aforesaid, may he 
 let in to defend on sufficient grounds shown to the Judge as in any 
 ordinary case of judgment entered in default of the necessary notice. 
 
 30. In case the Defendant has given a confession or acknowledg- 
 ment of debt, and has not put in the notice disputing the Plaintiff's 
 claim, the Plaintiff may either proceed on the confession, as in ordin- 
 ary cases, or may obtain final judgment under the Act of 1860, as he 
 may elect. The costs and disbursements of transmitting such con- 
 fession to the Judge to obtain the order for entering of judgment, 
 shall be costs in the cause. 
 
 31. In case judgment be not entered by default, on a special sum- 
 mons, within one month after the return of the summons, the Clerk 
 cannot enter it afterwards ; but the suit shall not thereby abate or be 
 considered as discontinued, but the Plaintiff may continue and revive 
 the same at his own expense by suing out an alias summons in the 
 ordinary form of summons to appear (Form 22), with the same 
 particulars attached or endorsed as were attached to or endorsed on 
 the " Special Summons," which shall be duly served upon the Defend- 
 
BULKS. 9 
 
 ant in the usual way, and the suit may then proceed as in ordinary 
 cases. 
 
 32. The judgment shall be entered by the Clerk in the Procedure 
 Book, according to the form to these rales appended, (No. 52), in 
 lieu of the " Form B" m the Schedule to the Act of 1869. 
 
 33. The execution to be issued on a judgftient under the second 
 section of tibe said Act shall bi9 in the form set forth in the schedule 
 of forms to these rules. No. 77. 
 
 34. '^^ere,under the provisions of Sec. 18, of the Act of 1869, a-vmt 
 of execireioii is required to be executed out of the Division, the writ 
 may be directed by name of office to the Bailiff of any of the Divi- 
 sion Courts in the same County, but cannot be issued to the Bailiff 
 in another County. The returns required to be made under Sees. 18 
 and 19, must be made to the Clerk by whom the process or docu- 
 ment has been issued. 
 
 ATTACHMENTS. 
 
 35. The Form of affidavit for an Attachment shall be according 
 to the Form 11. In all cases where an Attachment shall issue 
 (whether the suit be commenced by attachment in the first instance 
 or not), and the summons against the Defendant shall not be person- 
 ally served, the hearing or trial shall not take place until a month 
 after the seizure under the Attachment. 
 
 36. When several persons sue out warrants of attachment against 
 an absconding, removing or concealed debtor, each one of such at- 
 taching creditors may enter a defence, caU and examine, and cross- 
 examine witnesses as to any debt or claim proved or attempted to be 
 proved against the debtor, in the same way and to the same extent as 
 the debtor himself might do were he personally to appear and defend 
 the suit on any ground whatever. 
 
 INTERPLEADER. 
 
 37. When any claim shall be made to, or in respect to, any goods 
 or chattels, property, or security, taken in execution, or attached 
 under the process of an Division Court, or the proceeds or value 
 thereof, by any landlord for rent, or by atiy person, not being this 
 party against whom such process has issued, and summonses have 
 been issued on the apphcation of the officer, charged with the execu- 
 tion of such process, such summonses shall be served in such time 
 and manner, as is (firected for service of an ordinary summons to 
 
10 EULES. 
 
 appear ; and the case shall proceed as if the claimant were the Pliain- 
 tiflf, and the execution or attaching creditor were the Defendant. 
 
 38. The claimant shall, not less than six days before the day 
 appointed for the trial, leave at the office of the Clerk of the 
 Court, a particular of any goods or chattels, property or secu- 
 rity, alleged to be the property of the claimant, and the grounds 
 of his claim, set forth in ordinary and concise language; or, in case 
 of a claim for rent, the amount thereof, for what period, in respect to 
 what premises the same is claimed to be due, and the terms of hold- 
 ing : and any money paid into Court shall be retained by the Clerk 
 until the claim shall be adjudicated upon ; provided that, by' consent, 
 an, interpleader claim may be tried, although these rules may not 
 have been complied with : and the summonses, the particulars, and 
 the order thereon, shall be according to the Forms given or to the 
 like eflFect. 
 
 39. In case the claimant shall not have complied with the rule in 
 respect of deUvering a particular of his claim, the Judge may, upon 
 such terms as he shall (firect, order the trial aud proceedings to he 
 adjourned, so as to enable him fully to adjudicate upon the claim on 
 the merits. 
 
 40. Where. the claim to any goods or chattels, property or security, 
 taken in execution or attached, or the proceeds or value thereof, shall 
 be dismissed, the costs of the Bailiif shall be allowed to him out of 
 the amount levied, unless the Judge shall otherwise order. 
 
 REPLEVIN. 
 
 41. In actions of Replevin no other cause of action shall be joined 
 in the summons. 
 
 42. Where the distress is for rent, and the Defendant succeeds in 
 the action, if the Defendant requires, the Judge shall find the value 
 of the goods distrained, and if the value be less than the amount of 
 rent in arrear, judgment shall be given for the amount of such value; 
 but if the amount of the rent in arrear be less than the value so found, 
 judgment shall be given for the amount of such rent, and may be in- 
 forced in the same manner as any other judgment of the Court. 
 
 43. Where the distress is for damage feasant and the Defendant is 
 entitled to judgment for the return^ if the PlaintiflF requires, the Judge 
 shall find the amount of the damages sustained by the Defendant, 
 
RULES. 11 
 
 and judgment shall be given in favor of the Defendant in the alterna- 
 tive for a return, or for the amount of the damages so found. • 
 
 44. In any other action of Replevin, the judgment for the Defen- 
 dant shall be for a return of the goods ^replevied with the costs of 
 suit, together with such damages as the Defendant shall sustain by 
 the issuing of the writ of Replevin, if damages are awarded. 
 
 45. In case the Defendant in an action of Replevin shall pay dama- 
 ges and costs into Court, under the 90th Section of the Act, and 
 shall leave with the Clerk a consent that the Replevin bond be 
 delivered up to be cancelled, and an express waiver of all right to 
 the property replevied, and the Plaintiff accept such damages, the 
 proceedings in the said action of Replevin shall thenceforth cease and 
 be discontinued. 
 
 46. Before the Bailiff replevies, he shall take a bond in treble the 
 value of the property, to be replevied, as stated in the writ, which 
 bond shall be assignable to the Defendant, and the bond and assign- 
 ment thereof may be in the Form given, the condition being varied to 
 correspond with the writ. 
 
 47. The copy of the " Summons in Replevin" shall not be served 
 upon the Defendant until the Bailiff has replevied the property, or 
 some part of it, if he cannot replevy the whole in consequence of the 
 Defendant having eloigned the same out of the County in which he 
 is Bailiff, or because the same is not in the possession of the De- 
 fendant, or of any other person for him. 
 
 48. A copy of " Summons in Replevin " shall be served on the 
 Defendant personally, or if he cannot be found, by leaving the copy 
 at his usual or last place of abode, with his wife, or some other grown 
 person being a member of his household, or an inmate of the house 
 wherein he resided as aforesaid. 
 
 49. The BaiKff shall return the " Summons in Replevin" at or 
 before the return day thereof, and shall annex thereto; — 
 
 a. The names of the sureties in and the date of the bond taken 
 from the Plaintiff, and the name or names of the witnesses thereto. 
 
 b. The place of residence and additions of the sureties. 
 
 c. The number, quantity and quality of the articles of property 
 replevied, and in case he has replevied only a portion of the property 
 mentioned in the summons, and cannot replevy the residue, by reason 
 
12 RULES. 
 
 of the same having been eloigned out of the County by the De- 
 fendant, or not being in the possession of the Defendant, or of any 
 other person for him, he shall state in his return the articles which 
 he cannot replevy, and the reason why not. Form 119. 
 
 50. If the Bailiff makes such a return of the property distHuned, 
 taken or detained, having been eloigned, then upon the filing of such 
 return, a writ in Withernam (Consol. Stats. U. C, Cap. 29), shall be 
 issued by the Clerk, who issued the summons in Eeplevin, and before 
 executing such writ, the Badiff shall take pledges (sureties) in like 
 manner as in cases of distress. 
 
 GARNISHEE PROCEEDINGS. 
 
 51. The affidavit (Form 40), required by sec. 6 of the Act of 
 1869, shall be made by the Primary Creditor, his attorney or agent, 
 and should state (in addition to the facts required by that section) 
 the nature of the debt sought to be garnished, and the amount 
 thereof, if known to the Applicant ; and the application to the Judge 
 may be ez parte. 
 
 52. The warning (Form 42), shall be endorsed on or subjoined 
 to the attaching order issued under sec. 6, sub-sec. 1, and on the 
 summons referred to in sec. 6, sub-sec. 4, and sec. 7, sub-sec. 1. 
 
 53. The service of the summons on the Garnishee shall in all cases 
 be made at least ten days before the return thereof, and the service 
 on the Primary Debtor or Debtors, ten, fifteen, or twenty days 
 (according to the places of residence of the parties to be served),- 
 before the return thereof. If the amount of the Primary Creditor's 
 claim exceed eight dollars, the service must be personal, unless the 
 Judge order otherwise ; if such claim does not exceed eight dollars, 
 the service may be personal, or on some grown up person being an 
 inmate of the dwelling or usual place of abode, trading or dealing of 
 the person requiring to be served. 
 
 54. The Primary Debtor shall in all cases, unless dispensed with 
 by the Judge, be served with every garnishee summons, and if not 
 served, the Judge may, on such terms as to him may seem meet^ 
 adjourn the case until such service be effected, and may also order 
 any other person to be made a party to such suit, and to be served 
 with such summons. 
 
 55. The Judge, in any such garnishee proceeding, may order that 
 the service need not be personal, but may be made on any person or 
 
RULES. 13 
 
 persons to be named in the order, or in such other manner as the 
 Judge may direct. -^ 
 
 56. If the Garnishee or the Primary Debtor having been served 
 does not appear on the return of such summons, judgment may be 
 given against him by drfault, and if only some of the parties required 
 to be served, are served, the Judge may give the same judgment 
 against those served as in ordinary cases. 
 
 57. Where the summons, under sec. 6, sub-section 4 is to be 
 issued from any court other than that in which the Primary Creditor 
 has obtaiued judgment agaiast the Primary Debtor, a transcript of 
 such judgment shall be filed with the Clerk of such first mentioned 
 Court, previous to the issuing of the summons against the Garnishee. 
 
 58. No payment shall be made by a Garnishee to a Primary 
 Creditor before judgment given agaiast the Primary Debtor, except 
 an order for that purpose be first obtained from the Judge. 
 
 59. The application under section 14 must be by summons obtained" 
 from the Judge, returnable at any time and place the Judge may 
 appoint, and calling upon the Garnishee, Primary Creditor, or such 
 other person or persons as the Judge in his discretion shall think fit. 
 If the money has been paid over, the Primary Creditor or other 
 person may be called upon by the summons, changing the form to 
 suit, to shew cause why he should not pay the money to the Primary 
 Debtor or other person applying. The order, if granted, may be in 
 accordance with the summons, and may be granted if parties sum- 
 moned make default, or otherwise, as in ordinary Chamber applica- 
 tions ip the Superior Courts. 
 
 60. The bond to be given under section 15, shall be executed by 
 the Primary Creditor, or his agent, with one sufjcient surety in 
 double the amount of the debt ordered to be paid by the Garnishee, 
 and shall be an ordinary bond to the Clerk, by his name of office, 
 conditioned for the re-payment of the money in case re-payment be 
 ordered, and such bond shall be approved of by the Clerk. Form 47. 
 
 61. In addition to any costs that may be awarded against a Gar- 
 nishee under the 1 1th section, if the Primary Creditor is obliged to issue 
 execution against him, the costs of such execution and the bailiflfs 
 fees thereon may be also levied of the Garnishee. 
 
 * 
 
 62. The forms subjoined to these Kules for garnishee proceedings 
 shall be in lieu of the forms for like proceedings in the schedule of 
 the Act of 1869, and the entry in the debt attachment book shall 
 jjommence when the attaching order or garnishee summons, as the 
 
14 RULES. 
 
 case may be, first issues, and each subsequent proceeding shall be 
 entered therein when taken. 
 
 63. In the proceedings against Gramishees under the Common Law 
 Procedure Act, sections 292 to 296 inclusive, the forms 48, 49, 50, 
 90, may be used ; and the same proceedings may be taken in the 
 Division Court against the Garnishee as provided in the Act of 1869, 
 and in these Rules and Forms, made under the said Act, as far as 
 applicable. 
 
 PEOCEEDINGS BY AND AGAINST EXECUTOES AND ADMINISTRATORS. 
 
 64. A party suing an executor or administrator, may charge in the 
 summons, in the Form 32, that the Defendant has assets, and has 
 wasted them. 
 
 65. In all cases, if the Courts shall be of the opinion that the De- 
 fendant has wasted the assets, the judgment shall be, that the debtor 
 damages, and costs shall be levied de bonis testatoris si &c., et, sinon, de 
 bonis propriis ; and the non-payment of the amount of the demand 
 immediately, on the Court finding such demand to be correct, and 
 that the Defendent is chargeable in respect of assets, shall be conclu- 
 sive evidence of wasting to the amount with which he is so charge- 
 able. 
 
 66. Where an executor or administrator denies his representative 
 character, or alleges a release to himself of the demand, whether he 
 insists on any other ground of defence or not, and the judgment of 
 the Court is in favor of the Plaintiff, it shall be, that the amount found 
 to be due, and costs, shall be levied de bonis testatoris si &c., et, si nm, 
 de bonis propriis. 
 
 67. Where an executor or administrator admits his representative 
 character, and only denies the demand, if the Plaintifi" prove it, the 
 judgment shall be, that the demand and costs shall be levied de bonis 
 testatoris, si, &c., et, si non, as to costs, de bonis precis. 
 
 68. Where the Defendant admits his representative 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 aleged,- the judgment shall be, to levy the costs of 
 proving the demand de bonis testatoris si, &o., et, si nm,, de bonis prapriis; 
 and as to the whole' or residue of the demand, judgment of assets 
 quando acciderint; and the Plaintiif shall pay the Defendant's costs of 
 proving the administration of assets. 
 
 69. Where the Defeiidant admits his representative character, but 
 
RULES. 15 
 
 denies the demand, and alleges a total or partial, administration of 
 assets, and the Plaintifif proves his demand, but the I)efendant does 
 not prove the administration alleged, the judgment shall be, to levy 
 the amount of the demand, if ^uch amount of assets is shown to have 
 come to the hands of the Defendant, or such amount as is shown 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. 
 
 70. Where the Defendant admits his representative character and 
 the Plaintiff's 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 Defen- 
 dant's costs of proving the administration of assets. 
 
 71. Where a Defendant admits his representative character, and 
 the Plaintiff's demand, but alleges a total or partial administration , 
 of the assets, but does not prove the administration alleged, the 
 judgment shall be, to levy the amount of the demand, if so much 
 assets is shown to halve come to the Defendant's hands, or so much 
 as is shown 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. 
 
 72. Where judgment has been given against an executor or ad- 
 ministrator, that the amount be levied upon assets of the deceased, 
 quando acciderint, the Plaintiff, or his personal representative, may 
 issue a summons (Form 34) ; and if it shall appear, that assets 
 have come to the hands of the executor or administrator since 
 the judgment, the Court may order that the debt, damages, and costs 
 be levied de bonis testatoris si &c., et, si non, as to the costs, de bonnis 
 propriis: provided, that it shall be competent for the party applying, 
 to charge in the summons, that the executor or admhiistrator has 
 wasted the assets of the Testator or Intestate, in the same manner as 
 in Eule 64 j and the provisions of Eule 65 shall apply to such en- 
 quiry : and the Court may, if it appears that the party charged has 
 wasted the assets, direct a levy to be made, as tp the debt and costs, 
 de bonis testatoris si &e., et, si non, de bonis propriis. 
 
 73. Where a Defendant admits his representative character and the 
 Plaintiff's demand, and that he is chargeable with any sum in respect • 
 of assets, he shall pay such sum into Court subject to the rules re- 
 lating to payment into Court, in other cases. 
 
 74. In actions against executors and administrators, for which pro- 
 vision is not hereinbefore specially made, if the Defendant fails as to 
 any of his defences, the judgment shall be for the Plaintiff, as to his 
 
16 RULES. 
 
 costs of disproving sucji defetee, and such costs shall be levied de 
 horns testafoHs si d;c., et, si non, de lonis prqpriis. 
 
 75. In aqtions by executors or admlhistrators, if the Plaintiff fail, 
 the costs shall, unless the Court shall otherwise order, be awarded in 
 favor of the Defendant, and shall be levied de bonis propriis. 
 
 clerk's and bailiff's duties. 
 
 76. The Clerk of every Division Court shall have an ofSce at such 
 place, within the Divisipn for which he is Clerk, as the Judge shall 
 direct. 
 
 77. The following books shall be kept by the Clerk, and the neces- 
 sary entries fairly made therein, namely : 1st, a book to be called 
 "the Procedure Book," in which shall be entered a note of all'Pro- 
 
 • cess issued, and of all Orders, Judgments, Decrees, Transcripts re- 
 ceived. Warrants, Executions, and Returns thereto, and of aU other 
 proceeding in every cause and at every Court ; 2nd, a book to be 
 called the " Cash Book," in which shall be entered an account of all 
 suitors' moneys paid into and out of Court ; and 3rd, a " Debt At- 
 tachment Book," which books shall be according to the Forms 4, 5, 6, 
 and kept, as nearly as may be, in the manner shewTi in the Forms. 
 
 78. The Clerk shall number every claim in the order in which it 
 is received by him : the numbering to show the standing of the suit, 
 in respect to the whole number of suits entered in the Courts for the 
 then current year. , . 
 
 79. In any case where the proceeding by Special Summons is 
 warranted it shall be adopted by the Clerk unless otherwise ordered 
 by the Plaintiff. 
 
 80. The Clerk shall annex to every summons (whether original, 
 alias, pluries, or renewed) the copy of claim, entered with bim ac- 
 cording to the 3rd Rule ; and to each copy of summons to be 
 served, shaU be likewise annexed a copy of such claim ; and the Clerk 
 shall, without delay, issue the same for service. 
 
 81. In case process is required to be served in a " Foreign Divi- 
 ' sion" and the Plaintiff does not elect, and the Judge or Clerk does 
 
 not make any order as to how it shall be served, it may be transmit- 
 ted by mail, by the Clerk issuing the same, (on receiving the neces- 
 sary postage and fees) to the Clerk of the division where the same is 
 required to be served; and such last mentioned Clerk shall forthwith 
 delivered such summons, or other process, to the Bailiff of his division, 
 to be executed : and sueh Bailiff shall serve the same, and forthwith 
 
RULES. 17 
 
 make return thereof to the Clerk of his Court, in the manner required 
 hjr the 90th Eule, and such last mentioned Clerk, on return made, 
 shall forthwith transmit the papers, by mail, with the necessary affi- 
 davits of service, if effected, or if service is not effected, with the 
 proper return to the first mentioned Clerk. 
 
 82. Every ordinary summons must be served ten, fifteen or twenty 
 days (according to the residence of the Defendant) before the hold- 
 ing of the Court at which it is returnable, (neither the day of service 
 nor the day of holding the Court to be counted), and where any such 
 summons has not been served, another summons, or successive sum- 
 monses, inay be issued. 
 
 83. The Eeturns required to be made by Clerks under the 41st 
 Section of the Act, shall be according to the Form 115, and 
 shall be made immediately after the 30tn day of June and the 31st 
 day of December, in each year, without aiiy special order from the 
 Judge. 
 
 84. The list of unclaimed moneys, required by the 43rd Section of 
 the Act, shall be made under oath according to the Form, and shall, in 
 the month of January in each year, be transmitted by the Clerk, 
 together with the mOneys (if any) therein mentioned, to the County 
 Crown Attorney, and if no money remains unclaimed, the fact shall 
 be stated in the affidavit. 
 
 85. The summons, under the 160th Section of the Act, maybe 
 served by delivering to the Defendant a copy thereof, and shall be 
 served ten diays at least before the day on which the party is required 
 to appear ; but the service of such summons, at any tinie before the day 
 appointed for the appearance of such party, may be deemed by the Judge 
 to be' a' good service, if it shall be proved to his satisfaction, that such 
 party was about to remove out of the jurisdiction of the Court. 
 
 86. All the papers in the cause received or filed by the Clerk shall 
 be kept by hiih together in the original sUmnions, and be produced 
 by the Clerk at the hearing of the caiise, or when required, on applic- 
 ation to the Judge. The original summons, in all cases, shall be 
 printed on a half-sheet of foolsdap, in order that the fapers liiay bfe 
 so kept therein. 
 
 87. The notice of payment into Court linder' sections 88 and 91 
 of the Act, to be given by the Clerk, shall be according to the Form 
 102, sees. 9 and 10. 
 
 8S: In cas^ the Defendant shall Kave given the Clerk- notibe that 
 he disputes the Plaintiff's claim, or any other notice of which the 
 2 
 
18 RULES. 
 
 Plaintiff should be informed before the trial, or if the Defendant has 
 givenaconfession, or failed to give notice of defence when required, 
 the Clerk shall immediately send the Plaintiff notice thereof; (Form 
 102, as the case may require.) 
 
 89. In every case in which the Clerk is required to tax costs he 
 ghall make out a bill in detail, and the same shall be endorsed upon 
 or annexed to the original summons, and may be in the form shewn, 
 No. 114. 
 
 90. Every Bailiff receiving summons for sendee from a Clerk, shall, 
 within six days after service has been effected, make a return to such 
 Clerk, shewing the mode of service, and for every such return and 
 attending at the Clerk's office to make the necessary affidavit of ser- 
 vice, the Bailiff will be entitled to a fee of ten cents, to be allowed as 
 costs in the cause ; but he shall not be entitled to such fee unless the 
 return be duly made within the six days mentioned. And where a 
 summons has not been served, the BaUiff shall, immediately after the 
 time for service has expired, return the same to the Clerk, stating the 
 reason for non-service, in writing, on the back of the summons. 
 
 91. The Bailiff shall attend every sitting of the Court at the 
 place appointed for holding the same, at such time as shall be re- 
 quired by the Judge, and see that all suitable preparations are made 
 for the proper accommodation of the Court. He shall make all 
 necessary proclamations, preserve order, call the parties and witnesses, 
 and perform such other duties as may be imposed by the Judge. And 
 for calling the parties and their witnesses he shall be entitled to re- 
 ceive, in every defended case, the sum of five cents to be taxed as 
 costs in the cause. 
 
 92. The Bailiff shall keep abook (see Form 126), to be called " rA« 
 Sailiff's Process Book," and he shall enter therein every Warrant, 
 Process, Order or Execution which he has been required to serve or 
 execute, and shall enter, from time to time therein, what he shall 
 have done under or with each said Warrant, Proces, Order or Exe- 
 cution, and if the same be not executed or served according to the 
 exigency thereof, why it was not so executed or served ; and the Bai- 
 liff shall, at all reasonable times, give to a suitor or his agent every in- 
 formation he may require as to the execution or service, or non-exe- 
 cution or non-service of any Warrant, Process, Order or Execution 
 which has been issued at his instance; and the book so required to be 
 kept shall at all times be open to the inspection of the Judge or Clerk. 
 
 93. At every Court, and at such other times as the Judge shall re- 
 quire, the Bailiff shall deliver to the Clerk of the Court a statement 
 or return on oath, Form 126, of what shall have been done, since 
 
RULES. 19 
 
 his last return, under everj- Warrant, Precept, and Writ of Execution, 
 which he shall have heen required to execute. 
 
 94. The Eetums mentioned in the 93rd Rule, shall be filed hy 
 the Clerk in his oflBce, and be open, without fee, to the inspec- 
 tion of any person interested ; and the Clerk shall examine such 
 Returns, and if found correct and complete, within ten days after 
 the receipt thereof, endorse thereoii a memorandum in the following 
 words : " I have carefully examined the within Return, the same is 
 " fuU, true, and correct, in every particular, to the best of my know- 
 "ledge and belief Dated the day of 18 , Clerk." 
 And if such returns be found by the Clerk to be incorrect or incom- 
 plete, he shall forthwith notify the same, with the particulars thereof, 
 to the Judge, and if no return be made he shall notify the Judge 
 thereof accordingly. 
 
 95. In case the Clerk shall receive money, for any party, by virtue 
 of his ofSce, he shall, without charge therefor, forthwith notify the 
 party entitled thereto, or the Clerk from whom he received the 
 transcript, that the same is received, and subject to his order, and if 
 he shaU fail so to notify the party, and pay over the money upon 
 demand, he shall be subjected to the loss of his office. 
 
 96. Every Bailiff receiving any money by virtue of his office, shall, 
 within six days after the receipt thereof, pay over or transmit the 
 same to the proper clerk, and neglecting or failing to do so, shall be 
 subjected to the loss of his office. 
 
 97. The Clerks and BaUiffs of the Court shall not upon any pre- 
 tence whatever, withhold any moneys received for suitors, on the 
 ground that the Clerk or Bailiff may be indebted to the officer hold- 
 ing such money either for fees or costs or otherwise ; but all such 
 moneys, when received or collected, shall at once be duly paid over 
 to the order of the party entitled to the same without reference to 
 such accounts. 
 
 98. In case the proceedings in any suit shall be hindered or delayed 
 by the neglect or misconduct of the Clerk or Bailiff of a Foreign 
 Court or of the Home Court, the Clerk or Bailiff causing the same 
 shall forfeit aU fees in such suit, and shall, in addition thereto, pay 
 any loss or damage that may result from such hindrance or delay to 
 the party suffering therefrom. 
 
 99. No Clerk or Bailiff shall, directly or indirectly, purchase or he 
 concerned in the purchase, or have any personal interest in a suit or 
 judgment or claim in suit, in the Court of which he shall be an officer, 
 and any Clerk or Bailiff transgressing this rule shall be subjected to 
 the loss of his office. 
 
■ 20 RULES. 
 
 lOO. No Clerk or Bailiff shall, either by himself or his partner in 
 fcusiness, be engaged as agent for any party, during the conduct of 
 the cause in Court, ^ — and any Clerk or Bailiff transgressing this rule 
 ,#ikll be subjected to the Itiss of his office. 
 
 WARRANTS OF COMMITMENT. 
 
 . lOl". Wai'i'ants of Commitment shall bear date on the day on which 
 |la6 6rffer for Comraitiiient is entered in the Procedure Book, and 
 sliall have endorsed thereoii the amount of debt and costs on such 
 proceedings, or of fine and costs up to the time of its deliveiy to the 
 Bailiff for execution, and shall continue in force for three calendM 
 iliojiths from such date and no longer, unless renewed by an expdrk 
 Order of the Judge upoh affidavit showiiig the cause of the non-execu- 
 tion, and that the moneys payable thereunder have not been satisfied. 
 
 102. The renewal of a warrant may be made by the Clerk marking 
 on the margin, or endorsing thereon the following words : — " Renew- 
 ed bv Judge's order for three months from the day of 
 A.D."'lS . 
 
 X Y . 
 
 Cierk. 
 
 103. The Bailiff or other officer executing any Warrant of Commit- 
 inerit, shall, at the time of delivering the party arrested, with the 
 Warrant, to the Jailer, indorse on the warrant the number of miles, 
 shewing the amount of mileage, and also state, in writing, the actual 
 day of the arrest. 
 
 AMENDMENTS. 
 
 104. In case a special summons is issued when an ordinary summons 
 should be issued, or vice versa, the same may be altered or amended 
 by order of the Judge, either before or at the hearing, on such terms 
 as the Judge may direct. 
 
 105. The Plaintiff shall be allowed to amend his proceedings by 
 .4tiiking out a Defendant's, name at any time upon payment of such 
 cosfis as the Judge shall order, or the Judge in his discretion may 
 jtlloW'the Plaintiff to make such amendment, and' order a judgment to 
 be entered as in case of non-suit against the Plaintiff in favour of the 
 Defendant whose name has been struck out. 
 
 IflS. In (iase an action shall be brought in the name of an As'sigtoe 
 or, ^et^oii beneficially interested lipon a chose in action wHch is libt 
 fegally assignable, the Judge may aii any time order thi^ proceedM^s 
 to be amended, by substituting the name of the person legally en- 
 
RULES. 211 
 
 titled to sue for that of the Plaintiff, upon such terms as to indeinnity, 
 for costs or otherwise as to him may seem m^et. ' 
 
 107. Where a party sues, or is sued in his o-wn rigfet,and it appears 
 at the hearing, tha,t he should have sued, or heen sued, in a repre- 
 sentative character, the Judge may, at the instance of either party, 
 and on such terms as he shall think fit, amend the proceedings ac- 
 cordingly; and the case shall then proceed in all respects as tp*set-off 
 and other matters, as if tife proper description of the party had heen 
 given in the summons. 
 
 108. Where the name, or description of a Pla,iptiff in the summons, 
 is insufficient or incorrect, it may at the hearing be amended, at the 
 instance of either party, by order of the Judge, on such terms as he 
 shall think fit ; and the cause may then proceed, as to the set-off 
 and other matters, as if the name and description had been originally 
 such as it appears, after the ameiidment has been made. 
 
 109. In actions by. or against a husband, if the wife is improperly 
 joined or omitted as a party, ,the summons may, at the hearing, be 
 amended at the instance of either party, by order of the Judge, on 
 such terms as he shall think fit ; and the cause may proceed as to . 
 set-off and other matters, as if the proper person had been made 
 party to the suit. 
 
 110. Where it appeg,rs at the hearing, that a greater number of per- 
 sons have been niade Plaintiffs, than by law required, the name of 
 the person improperly joined may, at the instance of either party, be 
 struck out by order of the Judge, on such terms as he shall think fit; 
 and the cause may proceed as to set-off, and other matters, as if the 
 proper party or parties only had been made Plaintiffs. 
 
 111. Wliere it appears at the hearing, that a less' number of persons 
 have been made Plaintiffs than by law jequired, the name of the 
 omitted person may, at the instance of either party, be added by order 
 pf the Judge, on such terms as lie shall >think fit , and thereupon the 
 cause may proceed as to setvoff and other matters as if the proper 
 persons had been originally made parties ; and if such person, either 
 at the hearing or some adjournment thereof, personally or by writing, 
 signed by him or his agent, consent to become. a Plaintiff in manners 
 aforesaid, the Judge may then pronounce judgment as if such person 
 had originally been made a Plaintiff ;■ .^ut .if .such person shall not 
 consent to become p, Plaintiff , in manner afpre.said, either at the hear- 
 ing or at the adjournment jthe^'eof, judgjnent of nonsuit may be . 
 entered. ■ ' 
 
 J 12. When it appears at the ;hearing, that more persons have been 
 
22 RULES. 
 
 • made Defendants, than by law required, the name of the party im- 
 properly joined may, at the instance of either party, be struck out by 
 order of the Judge, on such terms as he shall think fit ; and the cause 
 shall proceed, as to set-off and other matters, as if the party or parties 
 liable had been sued, and judgment may ^be given for the party im- 
 properly joined. 
 
 113. Where several persons are made Defendants, and all of them 
 have not been served, the name or names of the Defendant or Defend- 
 ants, 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 the cause shall then proceed against the party served as to 
 set-off and other matters, as if all the Defendants had been served. 
 
 114. Where the name or description of a Defendant in a summons 
 is insufficient or incorrect, and the Defendant appears and objects t& 
 the description, it may be amended at the instance of either party, by 
 order of the Judge, on such terms as he shall think fit ; and the cause 
 may proceed, as to set-off and other matters, as if the name or 
 description had been originally such as it appears, after the amend- 
 ment has been made : but if no such objection is taken, the cause may 
 proceed, and in the judgment and all subsequent proceedings founded 
 thereon, the Defendant shall be described in the same manner. 
 
 115. Where a person, other than the Defendant, appeal's at the 
 hearing, and admits that he is the person whoin the PlaintifiF intended 
 to charge, his name may be substituted for that of the Defendant, if 
 the Plaintiff consents, and thereupon the cause shall proceed, as if such 
 person had been originally named in the summons ; and, if necessary, 
 the hearing may be adjourned on such terms as the Judge shall think 
 fit ; and the costs of the person originally named as Defendant, shall 
 be in the discretion of the Judge. 
 
 116. Where a party sues, or is sued in a representative character, 
 but at the hearing it appears, that he ought to have sued or been 
 sued in his own right, the Judge may, at the instance of either party^ 
 and on such terms as he shall think fit, amend the proceedings accord- 
 ingly, and the case shall then proceed in all respects, as to set-off 
 and other matters, as if the proper description of the party had been 
 given in the summons. 
 
 117. Where, at the hearing, a variance appears between the evidence 
 and the matters stated in any of the proceedings in a Division Court, 
 such proceedings may, at the discretion of the Judge, and on sucb 
 terms as he shall think fit, be amended. 
 
 118. The Judge may at all times amend all defects and errors in 
 
RULES. 23 
 
 any proceeding, whether the defect or error be that of the pa.rty ap- 
 plying or not, and all such amendments may be made with or without 
 costs, and on such terms as to the Judge seems fit. 
 
 119. In cases of amendment, a corresponding amendment shall be 
 made by the Clerk, in the proceedings of the Court, antecedent to such 
 amendment ; and the subsequent proceedings shall be in conformity 
 therewith. 
 
 GENERAL RULES. 
 
 120. Claims by husband, in their own right may be joined with 
 claims, in respect to which the wife must be joined as a party. 
 
 121. Where the Court gives leave to take any proceeding, such 
 leave shall be minuted in the Precedure Book, but it shall not be 
 necessary to draw up any order. 
 
 122. In cases where the hearing is by Jury, the Judge has the 
 same power to non-suit, as in ordinary cases. 
 
 123. Under the 72 section of the Act, the leave to be granted 
 for issuing a summons shall be by the Judge, before whom the 
 action is to be tried under the order ; but no leave shall be given to 
 bring a suit in a Division, other than the one adjacent to the Division, 
 in which the party to be sued resides ; but the Division may be in 
 the same, or an adjoining County. 
 
 124. The Court has no jurisdiction to try an action upon a note of 
 hand, whether brought by the payee, or any other person, the con- 
 sideration, or any part of the consideration of which, was any 
 gambling debt, or for spirituous or malt liquors, or other like liquors, 
 drunk in a Tavern or Ale-house. 
 
 PARTIES TO LEAVE ADDRESS WITH CLERK. 
 
 125. Whenever the PlaintiflF, his attorney or agent, shall enter his 
 claim for suit,. or the Defendant shall give notice of set-off or other 
 defence, he shaU give to the Clerk his address, or that of his attorney 
 or agent, and the delivery of any notice to such Plaintiff or Defend- 
 ant, his attorney or agent, or the mailing thereof by ihe Clerk to 
 such address, shall be a sufficient service, subject, however, to the 
 right of the Judge to put off a trial, or to set aside, or stay proceed- 
 ings, on his being satisfied that the letter had either not reached 
 the party, or that there has not been sufficient time after service pf 
 the process for either party to be prepared for trial, of to get the 
 notices served. 
 
24 RXJLES. 
 
 INFANTS. 
 
 126. Where an infant applies to enter a suit for any. ca,use of action 
 (other than for wages), he shall procure the attendance of a next 
 friend at the office of the Clerk, at the time of entering the same, 
 who shall undertake to be responsible for costs ; and the cause shall 
 proceed in the name of the infant by such next friend, but no ^der 
 of the Court shall be necessary for the appointment of such next 
 friend. If the Plaintiff fail in, or withdraw or discontinue his suit, 
 and do not pay the amount of costs awarded against him, proceed- 
 ings may be taken for the recovery of such amount from the next 
 friend, as for the recovery of any ordinary debt. 
 
 CONTINUANCE OF ACTION. 
 
 127. In order to prevent the operation of any statute whereby the 
 time for the commencement of any action is or may be limited, 
 it shall be only necessary to issue the first process or summons ; and 
 it shall in no case be necessary to serve or to attempt to serve the 
 same, or to issue an alias or pluries or successive summons, or other- 
 wise to do any act "for the continuance of the action other than serv- 
 ing the Defendant with the process, and the process when served 
 shall be a continuance of the action on and from the day on which the 
 first summons or process issued. Provided that no process shall 
 issue after twelve months from the issue of the first process without 
 the order of the Judge ; and the Judge shall make no such order 
 after the lapse after eight years from the time when the cause of 
 action accrued, unless it be made to appear to him that service has 
 not been effected by reason of the absence of the Defendant out of the 
 Province. 
 
 STATUTORY DEFENCE. 
 
 128. In case the Defendant desires to avail himself of the Jaw of 
 set-off, or of the statute of limitations, or of any defence under any 
 other statute having the force of law in this Province, he shall, not 
 less than six days before the day appointed for the trial, give notice 
 thereof in writing to the Plaintiff, or leave the same for him at his 
 usual place of abode, if living within the Division, or, if living with- 
 out the Division, shall deliver the same to the Clerk of the Court in 
 which the action is to be tried ; and in case of set-off he shall dehyej 
 to the Clerk a copy of the particulars of such set-off, to be kept with 
 the papers in the cause, and also a copy for the Plaintiff, if his usual 
 place of abode is not within the Division. And the Clerk shall forth- 
 with give to such Plaintiff a notice of such set-off, by mailing the same 
 to him in a letter duly registered, addressed to his usual place of 
 abode or business, according to the form 102, sec. 4, together with one 
 of the copies of the particulars of such set-off. 
 
RULES. 25 
 
 PAYMENT INTO COURT. 
 
 129. When the Plaintiff sjiall, in accordance >vith the 88th or 91st 
 sections of the Act, signify to the Cleik his intention to proceed for the 
 remainder of his demand, and such signification shall be given with- 
 in three days after he received notice of the payment into Court, 
 but after the rising of the Court at which the summons was re- 
 turnable, the case shall be tried at the then next sittings of the 
 Court, and be put upon the Hst for thai, Court in the regular order. 
 
 130. In case of -payment of money into Court under the 87th or 
 90th Sections of the Act, the same shall not be paid out to the Plain- 
 tiff until the final determination of the suit, unless the Judge shall 
 otherwise order. 
 
 CONFESSION BEFORE ACTION. 
 
 131. Every confession or acknowledgment of debt, taken before suit 
 commenced, must shew therein, or by statement thereto attached at 
 the time of the taking thereof, the particulars of the claim, for which 
 it is given, with the same fullness and certainty as would be requiied 
 in proceedings by "Special Summons ;" and unless application for 
 judgment on such confession shall be made to the Judge, within three 
 calendar months next after the same is taken, or at the sittings of 
 the Court next after the expiration of such period, no execution shall 
 be issued on the judgment to be rendered, without an alfiaavit by the 
 Plaintiff or his agent, that the sum confessed, or some and what part 
 thereof, remains justly due ; and applications for judgment shall be 
 made at a Court holden for the Division, wherein the confession was 
 ta,ken. 
 
 NOTICE OF ADMISSION OF PART. 
 
 1 32. With a view to save unnecessary expense in proof, the De- 
 fendant or Plaintiff shall be at liberty to give the opposite party a 
 notice (Form 103) in writing, that he will admit, on the trial of the 
 cause, any part of the claim or set-off, or any facts which would 
 otherwise require proof ; and after such notice given, the Plaintiff or 
 Defendant shall not be allowed any expense, incuirred for the purpose 
 of such proof; the notice to be seryed on the Plaintiff or Defendant, 
 or left at his usual place of abode, at least six days before the day 
 appointed for the trial or hearing. 
 
 AFFIDAVITS AND OATHS. 
 
 133. Every affidavit, in any pi;oceeding in the Court, must be en- 
 titled in the Court and cause, (if a cause h^s been commenced) stating 
 the christian and surname of the parties as in the summons, and also 
 that of the deponent, and his place oi abode and addition ; and if an 
 
26 RULES. 
 
 affidavit be sworn by an illiterate person, the jurat must contain a, 
 certificate of the Clerk or Commissioner administering the oath, that 
 the affidavit was read in his presence to thj party making the same, 
 and that such party seemed perfectly to understand it ; and there 
 shall be no erasure or interlineations in any jurat ; but the Judge 
 shall not be bound to reject, as insufficient, any affidavit not comply- 
 ing with the above requisites, or any of them, but may, in his discre- 
 tion, receive the same. 
 
 134. Oaths and affirmations administered to witnesses in open Court 
 or upon any viva voce examination before the Judge, and to jurors 
 and others, may be in the forms prescribed. 
 
 STAMPS 
 
 135. The stamps for fees payable on "Entering account and issuing 
 summons" shall be attached to the face of the summons, and the pro- 
 per stamps for the ordinary hearing and for judgment or order shall 
 be attached to the back of the summons, upon which the trial is had 
 or the judgment rendered ; and the stamp for every other matter or 
 proceeding, for which a fee is payable to the fee fund, shall be at- 
 tached to some paper in the cause, according to the directions of the 
 Judge. 
 
 136. The amount of fees and stamps payable in Replevin suits and 
 in Interpleader issues shall be regulated according to the amount in 
 value of the property or money in dispute ; and the same stamps and 
 fees shall be required and payable on an alias, pluries or renewed sum- 
 mons as upon an original, and the same with regard to fees on re- 
 newals of executions against goods and warrants of commitment. 
 
 INSPECTION OF DOCUMENTS. 
 
 137. When, in any action, the Defendant is desirous of inspecting 
 any deed, bond, or other instrument or writing in which he has an 
 interest, and which shall be in the possession, power, or con- 
 trol of the plaintiff, he may, within four days from the day 
 of the service of the summons, give notice to the Plaintiff by 
 pre-paid and registered post letter or otherwise, tha,t he desires to 
 inspect such instrument, at any place to be appointed by the plaintiff, 
 within the division on which the suit is brought ; and the plaintiff 
 shaU appoint a place accordingly ; but if the Plaintiff neglects or 
 refuses to appoint such place, or to allow the Defendant or his agent 
 to inspect it within three days from the day of receiving such notipe, 
 the Judge may, in his discretion, on the day of hearing, adjourn tie 
 cause, for the purpose of such inspection, and make such order as to 
 costs, as he shall think fit. 
 
RULES. 27 
 
 DISCONTINUANCE. 
 
 138i If the PlaintiiF be desirous of not proceeding in the cause, he 
 shall serve a notice thereof, as provided, respecting the service of a 
 notice of set-off and pay the Defendant's taxable costs (if any), and 
 after receipt of such notice, the Defendant shaU not be entitled to 
 any further costs than those incurred up to the receipt of such notice, 
 unless the Judge shall otherwise order ; but if the Plaintiff fails to 
 give such norice and pay such costs, and does not proceed to trial, 
 the suit may be treated as still pending, and the Defendant wiU be 
 entitled to his costs, as in ordinary cases of nonsuit or of default by 
 Plaintiff, and where a cause is not withdrawn until after the opening 
 of the Court, the hearing fee shall be charged unless otherwise ordered. 
 
 ADJOURNMENT OF SUIT. 
 
 130. Where a cause is adjourned, no order of adjournment shall be 
 served on either party, except by direction of the Judge ; and where 
 the adjournment is opposed by either party, a hearing fee, as for a 
 defended cause, shall be charged, and the usual costs of the day, in 
 the discretion of the Judge. 
 
 140. When anything required by the practice of the Court to be 
 done by either party, before or during the hearing, has not been done, 
 the Judge may, in his discretion and on such terms as he shall think 
 fit, adjourn the hearing to enable the party to comply with the practice. 
 
 PUTTING OFF TRIAL. 
 
 141. Either party to an action may apply to the Judge, in writing 
 and as required by Rule 144, at any time before the hearing, for an 
 order to put off the trial on account of the absence of a material 
 witness (whose name should be stated), or rather sufficient grounds, to 
 be disclosed on affidavit, and the Judge, in granting or refusing the 
 application, may order the payment of costs, or impose such terms 
 as he thinks fit. 
 
 NEW TRIAL. 
 
 142. Application for New Trial may be made viva voce, and deter- 
 mined on the day of hearing, if both parties be present ; but if made 
 when both parties are not present, it shall be in writing, and show 
 briefly the grounds on which it is made, which grounds, if matters of 
 fact requiring proof, shall be supported by affidavit. 
 
 (a). A copy of the application and of every such affidavit shall be 
 served by the party making the same on the opposite party or his 
 agent, or left at his usual place of abode or business, if within the 
 Division ; or if without the Division, then with the Clerk, who shall 
 forthwith transmit the same forthwith to the opposite party. 
 
28 EULES. 
 
 (bj. The application and affidavits, (if any) together with an aflSda- 
 vit of the ^service thereof, shall be delivered to the Clerk, within 
 fourteen days after the day of trial, to be by ;hiTn, on receiving the 
 fees and necessary postage, and stamps, transmitted to' the 
 Judge, with a copy of the original claims and other papers requisite 
 tp the proper understanding of the case, which delivery to the Clerk 
 sliall operate as a stay of proceedings, until the Judge's final decision 
 on the application is communicated to the Clerk. 
 
 (c). The Judge after receiving such papers shall delay for six days 
 deciding upon the application, to enable the opposite party to answer 
 the same in writing or by affidavit, if facts stated by the apyjlicant in 
 his affidavit are disputed ; and the decision of the Judge (Form 76) 
 shall be transmitted to the Clerk by mail, who shall, if a new trial be 
 ordered, notify the parties thereof by mail or otherwise, and the suit 
 shall be tried at the next sittings of the Court, unless the Judge 
 shall otherwise order. (See Form 101.) 
 
 (dj. If the application be refused, or if tlie party appljring shall fail 
 to comply with the terms imposed by the Judge, the proceedings in 
 the suit shall be continued, as if no such application had been made. 
 The Judge, instead of deciding the same, may hear the parties on 
 the matter of such application, at the next sittings of the Court, or at 
 such other time and place as he may appoint, which decision shall be 
 sent to the Clerk, and be by him communicated to the parties in like 
 
 fe). The Judge may in his discretion make it a condition of grant- 
 ing a new trial, that it shall take place before a jury, whether the 
 first trial took place before a jury or not ; but if either party required 
 a jury to try the case in the first instance, he shall be entitled to 
 another jury on depositing the necessary fees for summoning such 
 jury ; and in such case the order for the new trial shall direct the 
 summoning of a jury. (See form 101.) 
 
 (fj. Where, under the 106th Section of the Act, judgment in writ- 
 ing is delivered at the Clerk's office, application for a new trial may 
 be made within fourteen days from the day of delivering such judg- 
 ment. 
 
 SETTING ASIDE OR STAYING PROCEEDINGS. 
 
 143. The Judge may, in any case, refuse to set aside or to hold 
 void, any of the proceedings, on account of any irregularity or df>M 
 therein, which shall notj in his opinion, be such as to interfere with 
 the just trial and adjudication of the case upon the merits ; and may 
 
RULES. 29 
 
 at all times amend all defects and errors in any proceeding, whether 
 the defect or error be that of the party applying or not, and hl\ such 
 amendments may be made with or without costs, and on such terms 
 as to the Judge seems fit. 
 
 114. All applications to the Judge to set aside or stay any order, 
 judgment, process or proceeding in any cause or matter in a Division 
 Coiirt, and all other applications, except in matters which may be dis- 
 posed of upon an exparte application to the Judge, and applications 
 otherwise specially provided for by these rules, may be made viva voca 
 at any sitting of the Court, if both parties be present, or upon affidavit, 
 the opposite party having notice of such application and of the grounds 
 thereof, and the order or decision of the Judge upon such application, if 
 made at a sitting of the Court, shall be entered by the Clerk as in other 
 cases of order made ; if made upon aifidavit elsewhere it shall be mailed 
 to the Clerk by the party obtaining the same, and the Judge may en- 
 large the motion for further affidavits or evidence to Such time and 
 place as he nday choose, or on such terms as he thinks fit. 
 
 POSTAGE AND REGISTKATION OF LETTERS. 
 
 145. All letters enclosing any papers in a cause sent from one Divi- 
 sion Court officer to another, or to a party to a suit, or to the Judge, 
 and all necessary notices sent by the Clerk shall be prepaid and regis- 
 tered ; and the costs of such postage and registration shall be ousts in 
 the cause. 
 
 COST OF APPEALS FROM COURT OF REVISION. 
 
 146. In appeals to the Judge from the Court of Revision, the costs 
 shall be taxed according to the schedule of fees as in suit for the re- 
 covery of sums exceeding forty and not exceeding sixty dollars ; and 
 the stamps for entering appeal, hearing, and order, shall be affixed by 
 the Clerk to the notice of appeal given to him. 
 
 WITNESS FEES. 
 
 147. The Clerk shall determine (subject to appeal to the Judge) 
 what number of witnesses shall be allowed on taxation of costs ; the 
 allowance for whose attendance shall be according to the scale, 
 (Form 3), unless otherwise ordered; but in no case to exceed 
 such scale, except the witness attends under suhpcena from the 
 Superior Courts ; and, before allowing disbursements to witnesses, 
 the Clerk shall be satisfied that the witnesses attended, and that the 
 claim for fees is just ; and if a witness attends two or more trials the 
 fees shall be apportioned between the different causes. 
 
30 KULES. 
 
 AS TO UNAUTHORISED FORMS AND PROCEEDINGS. 
 
 148. All proceedings, books and documents shall be in forms similar 
 to the forms to these rules appended, where the same are applicable, 
 and no printed forms shall be used by any clerk or bailiff of a 
 Division Court unless first approved by the Judge, in writing 
 as being in accordance with the forms appended to these rules, and 
 if an authorised form shall be used no fee shall be payable to the 
 officer in respect thereto, and in cases where no forms are provided, 
 parties shall frame the proceedings or documents xising as guides 
 those appended to these rules. 
 
 JUDGMENTS. 
 
 149. Every judgment, order, and decree of the Court, shall be en- 
 tered by the Clerk in the Procedure Book, according to the Forms 45 
 to 75 inclusive or to the like effect ; and when any order is made for 
 the payment of any debt, damages, costs, or other sum of money, the 
 same shall be payable at the office of the Clerk, at the expiration if 
 fifteen days from the rendering of judgment, unless the Judge other- 
 wise order, but where judgment is signed by the Clerk under section 
 2 of the Act of 1869, execution may issue forthwith. 
 
 150. After an award is made and filed, (with an affidavit of the 
 due execution thereof) under 109, 110, and 111 sections of the Act, 
 the duty of the Clerk is, forthwith to enter the judgment on such 
 award, and issue execution thereon, at the request of the party en- 
 titled to such execution, without any order from the Judge. 
 
 151. Where a Plaintiff avaUs himself of the provisions of section 
 81 of the Act, and proceeds against only one or more of several per- 
 sons jointly liable, the Defendant sued may avail himself of any set- 
 off or other defence to which he would be entitled, if all the persons 
 liable were made Defendants. 
 
 152. When judgment is given for the Defendant on a set-off he 
 will be entitled to issue execution and to take proceedings as in or- 
 dinary cases for the recovery of the balance of his set-off which ex- 
 ceeds the Plaintiff's claim, if such balance does not exceed $100, or 
 the Defendant is willing to abandon the excess over $100. 
 
 ABATEMENT. 
 
 153. Where one or more of several Plaintiffs or Defendants shall 
 die before judgment, the suite shall not abate, if the cause of action 
 survive to, or against the surviving parties. 
 
RULES. 31 
 
 154. When one or more of spveral Plaintiffs or Defendants shall die 
 after judgment, proceedings thereon may be taken by the survivors 
 or survivor, or against the survivors or survivor, without leave of the 
 Court. 
 
 REVIVING JUDGMENTS, &C. 
 
 155. During the lives of the parties to a judgment, or of any of 
 them, execution or other process may be issued at any time within 
 six years from the recovery of the judgment, without a revival 
 thereof. 
 
 156. No execution or other process shall, without leave of the 
 Judge, issue on a judgment more than six years old, unless some 
 payment has been made thereon within twelve months previous- 
 ly ; but no notice to the Defendant, previously to applying for such 
 leave, shall be necessary, and such leave shall be expressed on the 
 execution or warrant, or summons in the words, " Issued by leave of 
 the Judge." 
 
 157. In case it becomes necessary to revive a judgment, by reason 
 of a change by death, or otherwise, of the parties entitled or liable to 
 execution ; the party alleging himself to be entitled to execution may 
 sue out a summons (Forms 30, 33) for the revival of the judgment, and 
 issue an execution thereupon. In case it shall appear, upon such ap- 
 plication, that the party making the same is entitled to execution, the 
 Judge shall order execution to issue accordingly, and shall also order 
 whether or not the costs of such application shall be paid to the party 
 making the same ; and in case it shall not so appear, the Judge shall 
 discharge or dismiss the summons with or without costs. 
 
 158. The renewal of all writs of execution may be made from time 
 to time, before the expiration thereof, by the Clerk of the Court 
 issuing the same, by marking on the margin of the writ a memoran- 
 dum to the following effect : — " Kenewed for 30 days from the date 
 hereof." 
 
 Dated day of ' 18 . X. Y., Clerk. 
 
 suitors' moneys : HOW PAYABLE. 
 
 159. It is the duty of parties entitled to moneys collected by 
 officers of the Court to direct how the same are to be transmitted to 
 them. The Clerk shall not be bound to transmit by post any such 
 moneys, nor to procure and transmit post office orders therefor, except 
 upon the request and at the expense of the party entitled thereto : 
 
32 RULES. 
 
 Without such direction and request, all moneys are payable to the 
 parties at the office of the Clerk without the payment of any fee what 
 ever : in no case is the Clerk to transmit moneys to the Clerk of an- 
 other Court, without the written order of the party entitled thereto, 
 or his authorized agent. 
 
 TRANSCRIPTS OF JUDGMENT. 
 
 160. Every transcript of a judgment for a County Court, shall he 
 prepared by the Clerk upon a full sheet of foolscap paper, folded to 
 the usual size of judgment rolls in the Courts of Record, carefully 
 written in a plain hand or printed without contractions of words or 
 figures, and shall be according to the form 99, and if a judgment has 
 been revived the order of revival or its purport shall be sdt fortli 
 therein. 
 
 161. When upon the application of any Plaintiff or Defendant hav- 
 ing an unsatisfied judgment in his faTor, a transcript of the entry of 
 such judgment, under the 139 sec, or a transcript of the judgment 
 under the 142 sec. of the Act is issued from the Court in which the 
 judgment has been recovered, an entry thereof shall be made by the 
 Clerk in the Procedure P>ook, and no further proceedings shall be had 
 in the said Court upon the said judgment, without an order from the 
 Judge. 
 
 162. No transcript or copy of a judgment shall be issued or acted 
 upon under the 137th or 139th sections of the Act, where the pro- 
 ceedings have abated, or in a case where no Warrant of Execution of 
 Judgment Summons shall have issued on a judgment more than six 
 years old, unless such judgment shall have been revived. 
 
 163. The entries of proceedings on a transcript,^ under the 139tli 
 section of the Act, may be made in the Procedure Book, in the form 
 of an ordinary suit, as near as may be. And the Procedure Book 
 shall, for that purpose, be the transcript of Judgment Book required 
 by the Act. 
 
 officers' fees. 
 
 164. The fees set forth in the tariff marked "Scbedule of Clerk's 
 Fees," (Form 1) and "Schedule of Bailiff's Fees" (Form 2) shall be 
 the fees to be received by the several Clerks and Bailiffs of division 
 Courts on and after the day that these rules shall come into force, for 
 and in relation to the duties aiid' seirvices to be performed by theifl 
 as officers of the said Coiiirts, and shall be iii lieit of all other M^ 
 heretofore receivable for the same proceedings. 
 
KULES. 33 
 
 165. So far as applicable, these Rules shall extend and apply to 
 the judicial District of Algoma and to the District of Muskoka, and 
 the several Courts established, or to be established therein, and to 
 the proceedings in such Courts. 
 
 166. The regular meeting of the Board shall be at the City of 
 Toronto, on the third Monday in June, annually. 
 
 Dated Toronto, 1st July, 1869. 
 
 Jas. Egbert Gowan. 
 S. J. Jones. 
 D. J. Hughes. 
 James Daniell. 
 Jas. Smith. 
 
 Approved, 
 
 Wm. B. Eichaeds, C.J. 
 John H. Hagarty, C. J. C. P. 
 Adam Wilson, J. 
 John "W. Gwynne, J. 
 Thomas Galt, J. 
 
FORIVIS. 
 
 (1.) SCHEDULE OF CLEEK'S FEES. 
 
 i 
 
 Keceiving claim, numbering and entering in Procedure Book... 
 Issuing " Ordinary Summons," with necessary notices thereon, 
 
 or Judgment Summons 
 
 (For " Special Summons," with warnings subjoined. Sum- 
 mons in Keplevin or Interpleader, or imder the Garnishee 
 clauses, five cents extra.) 
 Copy of Process, of claim or set off, or other paper required 
 
 for service, or transmission to Judge, each 
 
 (Where the claim or set off exceeds three folios of 100 words in 
 
 length, for every additional folio 5 cents, if allowed by the 
 
 Judge.) 
 
 Summons to Witness, with any niunber of names therein . 
 
 For every copy to serve 
 
 Drawing every necessary affidavit, and administering oath 
 
 (When exceeding 2 folios in length, 5 cents for every Mditional 
 folio, if allowed^Jy the Judge.) 
 
 Entering Bailiff's Betum to Process, or Judge's order 
 
 Entering notice of set off, plea of payment, or other defence 
 requiring notice to the Plaintiff, or notice of admission 
 
 as to claim 
 
 Taking confession of Judgment 
 
 Every notice required to be given by Clerk to any party to a 
 cause or proceeding, or to the Judge, in respect to the 
 
 same, and mailing :.. 
 
 Entering every Judgment, or order made at the hearing, or 
 final order made by the Judge, or final Judgment entered 
 
 by Clerk 
 
 Summons for each Juryman, when called hy the parties 
 
 (Only twenty-five cents in all to be allowed for a Judge's Jury.) 
 Order of Eel erence, attaching order, or other order drawn and 
 
 entered by Clerk 
 
 Transcrijjt of Judgment, (under sec. 139 or 142.) _ 
 
 ETery writ of Execution, Warrant of Attachment, or Warrant 
 
 for arrest of delinquent .• 
 
 Every Bond when necessary, including Affidavit of Justifica- 
 tion 
 
 For necessary entries made in the debt attachment book in each 
 
 case, (in all) 
 
 Transmitting papers for service to another Division, or to 
 Judge, on application to him, including the necessary 
 
 entries, but not including postages 
 
 Eeceiving papers from another Division for service, entering 
 
 the same, handing to the Bailiff, receiving his return, and 
 
 transmitting same (if return made properly, not otherwise) 
 
 Search by xjersbn not a party to the suit or proceeding, to be 
 
 paid by the applicant, 10 cents ; search by a party to the 
 
 suit or proceeding, where same is over one year old 
 
 No fee is chargeable for search to a party to the suit or pro- 
 ceeding, if the same is not over a year old. 
 
 •3 
 
 9 ° 
 
 a 
 
 $ c. 
 10 
 
 20 
 
 $ c. 
 
 i^ 
 
 30 
 
 101 15 
 
 10 
 05 
 20 
 
 05 
 
 15 
 10 
 
 10 
 
 25 
 10 
 
 15 
 25 
 
 30 
 
 50 
 
 15 
 
 20 
 
 30 
 
 10 
 
 10 
 05 
 20 
 
 05 
 
 15 
 10 
 
 10 
 
 25 
 10 
 
 15 
 25 
 
 40 
 
 51 
 
 15 
 
 20 
 
 30 
 
 10 
 
 $ c. 
 010 
 
 40 
 
 010 
 05 
 020 
 
 005 
 
 016 
 010 
 
 10 
 
 025 
 OlO 
 
 15 
 025 
 
 050 
 
 050 
 
 015 
 
 O20 
 
 O30 
 
 OlO 
 
FOE.MS. 
 
 36 
 
 (2.) SCHEDULE OF BAILIFF'S FEES. 
 
 Iz; 
 
 Service of summons, order or other process, on each person, 
 (except summons to witness and summons to juryman).... 
 
 Service of summons on witness or juryman, or service of notice. 
 
 Taidng confession of judgment, and attending to prove 
 
 Enforcing every Writ of Execution, Warrant of Attachment, 
 or Warrant against the body, each 
 
 (Executing summons in replevin, including service on Defend 
 ant, same charge.) 
 
 Every mile necessaiily travelled to serve summons, or process, 
 or other necessary papers, or in going to seize on attach 
 ment, or in going to seize under virit of execution, where 
 money made or case settled after levy 
 
 (In no case is mileage to he allowed for a greater distance 
 than from the Clerk's office to the place of service or sei- 
 zure.) 
 
 Mileage to arrest delinquent under warrant, to be at 10 cents 
 per mile, but for carrying delinquent to prison, includin," 
 all expenses and assistance, per mile 
 
 Every schedule of property seized, attached or replevied, in-' 
 eluding affidavit of appraisal, when necessary 
 
 Every bond, when necessary, including affidavit of justification 
 
 Every notice of sale, not exceeding three, under execution or 
 
 under attachment, each :•■.••• 
 
 There shall be allowed to the BaihS for removing or retaining 
 property seized under execution or attached, reasonable 
 and necessary disbursements and allowance, to be first set- 
 tled by the Clerk, subject to appeal to the Judge. 
 
 There shall be allowed to the BaUifF three per cent, upon the 
 amount realized from the sale of property under any exe- 
 cution, but such' per centage not to apply to .T.ny overplus 
 thereon. 
 
 ■■% a 
 "a 
 
 10 
 10 
 10 
 
 30 
 
 10 
 
 20 
 
 30 
 50 
 
 10 
 
 20 
 10 
 10 
 
 50 
 
 
 20 
 
 50 
 50 
 
 10 
 
 30 
 10 
 10 
 
 75 
 
 10 10 
 
 20 
 
 75 
 50 
 
 10 
 
 (3.) ■ALLOWANCE TO WITNESSES. 
 
 Attendance per day in Court 75cts. 
 
 Travelling expenses, per mile, one way 1 Octs. 
 
 N.B. — If a witness travels by railway or other public conveyance 
 he may only be allowed (besides the per diem ■ allowance) instead 
 of mileage the ordinary fare and anything he, is obliged to pay be. 
 sides, owing to delays caused by casualities, but in no case to exceed 
 -what the mileage would be if that mode of calculation were adopted., 
 
 FEES TO JURORS AND APPRAISERS ALLOWED BY 
 
 THE ACT. 
 
 TO JURORS. 
 
 Each juror sworn in any cause, out of the money deposited witL 
 the Clerk for jurors' fees,, 10 cts. . 
 
36 
 
 FORMS. 
 
 TO APPRAISERS. 
 
 FEES OF APPRAISERS OF GOODS, &C., SEIZED UNDER WARRANT 
 OF ATTACHMENT. 
 
 To each appraiser, 50 cfcs. per day during the time actually em- 
 ployed in appraising goods, to be paid in the first instance by Plaintiif, 
 and allowed in the costs of the cause. 
 
 (4.) PKOCEDUEE BOOK. 
 
 Division Court ia the County of A- 
 
 No. 400. A. D. 1869. 
 
 James Bibd, of 
 the Township of 
 
 Ensuing Sittings, 26th October, 1869. 
 
 X Y , Clerk. 
 
 vs. " ~ 
 
 Thomas Pish, of the VUlage 
 of 
 
 1869. 
 Ist Oct. 
 
 2nd " 
 8th " 
 15th" 
 17th" 
 
 18th" 
 20th" 
 
 25th " 
 
 Received, particulars in detail, of claim for $12, Plaintiff paid ?1 
 
 towards costs. 
 Issued Special Summons to Bailiff, costs $ , besides mileage. 
 Summons returned, served 6th Oct., 5 miles travel. 
 Wrote Plaintiff that no defence put in. 
 
 Plaintiff writes requesting Judgment to be signed and execution issued. 
 Judgment signed by Clerk, " The Defendant having h»en served with 
 
 " Special Summons and particulars of claim and not disputing 
 
 " same, it is adjudged that the Plaintiff recover ?12 for debt, and 
 
 " $ costs." 
 Issued execution to Bailiff. 
 Bailiff returned execution, "feci" and paid amount $ to Clerk same 
 
 day, wrote Plaintiff informing him thereof. 
 Paid Plaintiff $12 debt, and $1 deposit, in full. 
 
 No. 401. A. D. 1869. 
 
 John White, of 
 the Township of — 
 
 Thomas Gheen, of the Village 
 of B 
 
 3rd Oct. 
 4th " 
 11th " 
 14th " 
 26th " 
 
 28th " 
 31st " 
 
 Received particulars of claim (for tort) for $25 ; Plaintiff paid $4 on 
 
 costs, and directed two subpcenas, and gave notice of Jury. 
 Issued ordinary summons and sent by post (prepaid and registered) 
 
 to Clerk or Division Court of D for service. 
 
 Summons returned, served 8th Oct., foreign fees, $ 
 
 Issued Jury Summons and subpcenas to Bailiff. 
 
 Jury Summonses returned served, 10 miles, subpcenas also served, sii 
 
 miles travel. 
 Cause tried, " Judgment for Plaintiff on verdict by Jury for $15 and 
 
 $ costs, to be paid in 15 days." $4.00 allowed Plaintiff for 
 
 vntnesses. 
 Defendant paid Clerk $15 damages, and $ costs in full ; same day 
 
 notified Plaintiff of payment, by post. 
 Paid Plaintiff $15 damages, $4 deposit and $4 witness fees in fuU. 
 
EOEMS. 
 
 37 
 
 No. 402. A.D. 1869. 
 
 James Jones, of the Township of - 
 Thomas Clakk, of the Town of ■ 
 
 GrEOKQB GoOD, of the same jlace, Garnishee. 
 
 -, Primary Creditor. 
 Primary Debtor, and 
 
 5th Oct. 
 
 10th " 
 
 11th " 
 
 12th " 
 
 13th " 
 
 15th " 
 
 26th " 
 
 6th Nov. 
 
 Received of Prim. Creditor, particulars of claim (not in detail) on 
 contract for $50, and memo, of debt owing by Garnishee of $ ; 
 deposit of $4.00 paid. 
 
 Issued Garnishee Summons against Prim. Debtor, and Garnishee to 
 Bailiff. 
 
 Summons returned served on Prim. Debtor 7th October, and on Gar- 
 nishee on 8th Oct. 12 miles travel ; Prim. Debtor filed set-off (2 
 copies. ) 
 
 Mailed to Prim. Creditor (prepaid and registered) copy of set-off and 
 notice. 
 
 Issued subpoenas for 4 Witnesses for Prim. Creditor, and gave to 
 Bailiff. 
 
 Gave to Piim. Debtor 1 subpoena and 3 copies. 
 
 Bailiff returned Prim. Creditor's subpoenas served, 8 miles travel. 
 
 "On hearing aU parties, it is adjudged that the Prim. Debtor is in- 
 "debted to the Prim. Creditor in $50, besides $ costs. Also 
 '"that the Garnishee is indebted to the Prim. Debtor in $75, now 
 " due, which to the extent of the two first mentioned sums it is 
 " adjudged be applied in satisfaction thereof, and that the Gar- 
 " nishee do pay the same in 15 days." 
 
 Prim. Creditor paid costs $ and stated suit is settled by the parties. 
 
38 
 
 FORMS. 
 
 (5.) CASH 
 
 RECEIPTS. 
 
 Suitors' Money paid into the Division Court, for quarter 
 
 commencing 1st October, 1869. 
 
 S '53 
 
 1869. 
 Oct. 1. 
 Oct. 15. 
 
 Oct. .30. 
 Nov. 19 
 Dec. 21 
 
 Style of Cause. 
 
 Bal. from last qr 
 Doe vs. Roe 
 
 Denrs. 'Fenet al 
 James ats. Joy. 
 Dunn TO. Cox . . . 
 
 No. of Suit. 
 
 136 A.D. 1869 
 
 94 
 450 
 312 
 
 1868 
 1869 
 
 From 
 whom re- 
 ceived. 
 
 Defendant 
 Bailiff. 
 
 When paid 
 out by 
 Clerk. 
 
 Signature of 
 person to 
 whom paid 
 
 Nov. 1,1869 John Sharp. 
 Pltfi'sAtty 
 
 Oct. 31, 
 
 Plaimtiff ..|Nov.25, " 
 
 JohnjCox.lJan. 5, ig70 John Dunn.. 
 
 Jas. Den. 
 Tho. James. 
 
 Receipts up to 31st December, 1869.. 
 
 $ cts. 
 10 00 
 
 40 00 
 
 20 50 
 
 2 75 
 
 40 25 
 
 113 50 
 
 To balance remaininj in Court 31st December, 1869, brought forward.. 
 
 1870. 1 
 Jan. 10 Bull v3. Brown. 502 A.D. 1869 Bailiff.. 
 &o. I &c. " &c. &c. 
 
 50 25 
 
 135 
 
FORMS. 
 
 39 
 
 BOOK. 
 
 PAYMENTS. 
 
 Suitors' Money paid out of the Division Court, for quarter 
 commencing 1st October, 186*). 
 
 When paid out. 
 
 31st Oct., 1869... 
 latNov., " ... 
 25th Nov.," ... 
 
 Style of Cause. 
 
 Den vs. Ten et al 
 
 Doe vs. Koe 
 
 James ats. Joy. . . 
 
 No. of Suit. 
 
 94 A.D. 1869. 
 136 " 
 450 " 1868. 
 
 ToTvhom paid. 
 
 $ Ct8. 
 
 Plaintifi 20 50 
 
 Plaintiff's Attorney. .1 40 00 
 
 Defendant 2 75 
 
 Amount. 
 
 Balance to ne.\t quarter . 
 
 50 25 
 
 113 50 
 
 5tli Jan., 1870.... 
 &c. 
 
 312 A.D. 1869 
 &c. 
 
 40 25 
 
FOEMS. 
 
 •a9qsra 
 PjapnCpB ^ntioray 
 
 
 •gnounnns 
 
 98HSIUJB3 JO 
 
 lapjoSmqoBjj'B 
 JO aoiAjas JO o^bq; 
 
 
 •suoui 
 -urns 88iisra 
 -dvS JO japjo 
 SmqoB}}B}08^BQ; 
 
 
 ■asTjsni 
 
 -JB-f) JO 8OTB^ 
 
 
 Amount found due 
 fromPrimaryDeb- 
 tortoPrimaryCre- 
 ditor, when claim 
 not a judgment. 
 
 , 
 
 •ijuamSpnf 
 B mrejo ji 'paij 
 ■si^Bsun qlunouiy 
 
 
 •^(uauigpnt B 
 mi'Bp JI '(jugra 
 -Spn^ JO ajBQ; 
 
 * 
 
 •^u'cpngj 
 ■aa JO jo^qad 
 
 ijBUIU J JO 8OTBJ^ 
 
 
 JO jojtpaiQ 
 XiBmuj j'osui'B^ 
 
 
FORMS. 41 
 
 (7.) UNDERTAKING BY NEXT FRIEND OF INFANT TO BE RESPONSIBLE 
 FOR defendant's COSTS. 
 
 In the Division Court in the County of 
 
 I, the undersigned E. F., being the next friend of A. B., who is an 
 infant, and who is desirous of entering a suit in this Court against 
 
 C. D. of &c., hereby undertake to be responsible for the costs of the 
 said C. D. in such cause, and that if the said A. B. fail to pay the 
 said C. D. aU such costs of such cause as the Court shall direct him 
 to pay to the said C. D., I wiU forthwith pay the same to the Clerk 
 of the Court. 
 
 Dated this day of 18 . 
 
 (Signed) E. F. 
 Witness | 
 
 (8.) AFFIDAVIT FOR LEAVE TO SUE A PARTY RESIDING IN AN 
 ADJOINING DIVISION. 
 
 In the Division Court in the County of 
 
 I, A. B., of , yeoman (or 1, E. F., of , yeoman 
 
 agent for A. B., of, etc.,) make oath and say — 
 
 1st. That I have a cause of action against C. D., of , 
 
 yeoman, who resides in the - Division of the County of 
 {if by agent, "That the said A. B. has a cause of action against C. 
 
 D. of , yeoman.") 
 
 2nd. That I (or the said A. B.) reside in the Division, 
 
 in the County of 
 
 3rd. That the distance from my residence (or from the said 
 A. B.'s residence) to the place, where this Court is held is 
 about miles, and to the place, where the Court is held in 
 
 the Division in the County of is about miles. 
 
 4:th. That the distance from the said C. D.'s residence 
 
 to the place where the Court is held in the Division where he re- 
 sides, is about miles, and to the place where this Court is 
 held about miles. 
 
 5th. That the said Division and this Division adjoin each other, 
 and that it it will be more easy and inexpensive for the parties to have 
 this cause tried in this Division than elsewhere. 
 
 Sworn, etc. A. B. (or E. F.) 
 
42 FORMS. 
 
 (9.) APFIDAVIT FOE LEAVE TO SUE IN A DIVISION, ADJOINING ONE 
 IN WHICH DEBTORS RESIDE, WHERE THERE ARE SEVERAL. 
 
 In the Division Court in the County of 
 
 I, A. B., of , yeoman, make oath and say, (or E. F. of 
 
 yeoman, agent for A. B., of etc.,) make oath and say : — 
 
 1st. That I have (or that the said A. B. has) a cause of action 
 respectively against each of the debtors named in the first column 
 of the Schedule, on this affidavit indorsed. 
 
 2nd. That the columns in the said Schedule, numbered respective- 
 ly 1st, 2nd, 3rd, 4th, 5th, 6th, and 7th, are truly and correctly filled 
 up, according to the best of my knowledge and belief. 
 
 3rd. That the Divisions named in the second and third columns of 
 the said Schedule, opposite each debtor's name, respectively adjoin 
 each other. 
 
 4th. That it will be more easy and inexpensive for the parties to 
 have the said causes, respectively, tried in this Division, than else- 
 where. 
 
 Sworn, &c. A. B. [or E. F.) 
 
FORMS. 
 
 43 
 
 m 
 
 O 
 O 
 
 ;3 «« "w O t> HJ 
 
 
 
 OJ 
 
 ^gt 
 
 <u o 
 
 O O W 
 
 
 g:s-1 s 
 
 ^ "^ S.2S 
 ■2 s 3 S 'rt^ 
 
 _^ 
 
 Is 
 
 .3 -^ 
 
 ^.2 
 
 ft 
 
 S'S-e 
 
 •S--S i 
 ft 
 
 g^ 
 
 
 
 g 
 
 
 Ml 
 
 
 
 
 
 
 
 
 
 
 
 
 
 -^ 
 
 d 
 
 EQ 
 
 1 
 
 CM 
 
 1 
 
 'ai 
 
 
 
 oS 
 
 I'll 
 
 02^ § '^ 
 °|^ § 
 
 O V O CQ 
 
 ft|»W 
 
 5 
 
 
 •2S 
 
 ° o o5 
 .2 rt o 
 
by me (or the said A. B;) to the 
 said C. D. ; 
 
 44 FORMS. 
 
 (11.) AFFIDAVIT FOR ATTACHMENT. 
 
 (If made after suit commenced, insert style of Court and cause.) 
 
 I, A. B., of the in the County of {or I, E. F., of etc., agent 
 
 for the said A. B., of etc.) make oath and say : — 
 
 1st. That C. D. of (or late of) in the Couniy of is justly 
 
 and truly indebted to me, {or to the said A. B.) in the sum of 
 dollars and cents , on a promissory note for the payment 
 
 of dollars and cents, made by the said C. D. payable to 
 
 me (or the said A.B.) at a day now past ; 
 
 Or for goods sold and delivered 
 
 Or for goods bargained and sold 
 
 Or for crops bargained and sold 
 
 Or for money lent 
 
 Orfor moneypaid forthe said CD. J 
 
 Or for and in respect of my (or the said A. B.) having relinquished 
 and given up to and in favor of the said C. D., at his request, the 
 benefit and advantage of work done and materials found and pro- 
 vided and moneys expended by me (or the said A.B.) in and about 
 the farming, sowing, cultivating and improving of certain land and 
 premises ; 
 
 Or for the use by the said C. D., by my permission (or by the per- 
 mission of the said A.B.) of messuages and lands of me (orthe said A. B.) 
 
 Or for the use by the said C. D. of pasture land of me (or the said 
 A. B.) and the eatage of the grass and herbage thereon, by the per- 
 mission of me (or the said A. B.) j 
 
 Or for the wharfage and warehouse room of goods deposited, stowed 
 and kept by me (or the said A.B.) in and upon a wharf, warehouse, 
 and premises of me (or the said A.B.) for the said CD., at his request ; 
 
 Or for horse-meat, stabling, care and attendance provided and 
 bestowed by me (or the said A. B.,) in feeding and keeping horses 
 for the said C D., at his request ; or for work done and materials 
 provided by me (or the said A. B.,) for the said C D., at his request; 
 
 Or for expenses necessarily incurred by me (or the said A. B.)-in 
 attending as a witness for the said CD., at his request, to give 
 evidence upon the trial of an action at law then depending in the 
 Court, wherein the said C D. was Plaintiff and one E. F. Defendant; 
 
 Or for money received by the said C D. for my use (or for the use 
 of the said A. B.) ; 
 
 Or for money found to be due from the said C D. to me, (or to the 
 said A. B.) on an account stated between them, (or other cause of ac- 
 tion, stating the same in ordinary and concise language.) 
 
 2nd. I further say that I have good reason to believe and do verily 
 believe that* the said C. D. hath absconded from that part of the 
 
FORMS. 45 
 
 Dominioii of Canada which heretofore constituted the Province of 
 Canada, leaving personal property liable to seizure under execution 
 for debt in the County of in this Province.* 
 
 (Or instead of matter between the asterisks, the said CD. hath attemt- 
 ed to remove his personal property liable to seizure under execution 
 for debt out of this Province ; or the said C. D. hath attempted to re- 
 move his personal property liable to seizure under execution for debt 
 from the County of to the County of in this Province ; 
 
 or the said C. D. kgeps concealed in the County of in this Pro- 
 
 vince to avoid service of process) with intent and design to defraud 
 me (or the said A. B.) of my (or his) said debt. 
 
 3rd. That this affidavit is not made by me nor the process thereon 
 to be issued from any vexatious or malicious motive whatever. 
 
 Sworn, etc. A. B. 
 
 (12.) ATTACHMENT AGAINST AN ABSCONDING OR REMOVING DEBTOR. 
 
 To A. B., Bailiff of the Division Court in the said County 
 
 of • (or to A. B., a constable of the County of , 
 
 as the case may be.) 
 
 You are hereby commanded to attach, seize, take, and safely keep, 
 aU the personal estate and effects of C. D. (naming the debtor), an 
 absconding, removing, or concealed debtor, of what nature or kind 
 soever, Hable to seizure under execution for debt within the County 
 of (here name the County), or a sufficient portion thereof to secure A. 
 B. (here name the creditor) for the sum of (here state the amount sworn 
 to be due), together with the costs of his suit thereupon, and to return 
 this warrant with what you shall have taken thereupon, to the clerk 
 of the (here state the number of the division) Division Court in the 
 County aforesaid forthwith ; and herein fail not. 
 
 Witness my hand and seal (m- the Seal of the said Court) the 
 day of , one thousand eight hundred and 
 
 X Y , [L-S.] 
 
 Clerk, or Justice of the Peace (as the may be). 
 
 EEPLEVIN. 
 
 (13.) AFFIDAVIT TO OBTAIN JUDGE'S ORDER FOR WRIT OF REPLEVIN. 
 
 In the Division Court in the County of 
 
 County of > I I> ^- B.. of , make oath and say : 
 
 To wit. j 
 
 1st. That I am the owner of (describe property fully ) at present in 
 
46 FORMS. 
 
 the possession of C. D. ; or that I am entitled to the immediate posses- 
 sion of (describe property), as lessee, (bailee, w agent), of E. F., the 
 o-(vner thereof (or as trustee for E. F.) (or as tha case may be), at pre- 
 sent in the possession of C. D. 
 
 2nd. That the said goods, chattels, and personal property are of 
 the value of dollars and not exceeding $40. 
 
 3rd. That on or about the day of , the said goods, 
 
 chattels, and personal property, were lent to the said 0. D., for a pe- 
 riod which has expired, and that although the said goods, chattels, 
 and personal property have been demanded from the said C. D., he 
 wrongfully withholds and detains the same from me, the said A. B. ; 
 or, that on or about the day of , the said C. D., fraudu- 
 
 lently obtained possession of the said goods, chattels, and personal 
 property, by falsely representing that (here statethe false representation), 
 and now -(vrongfully witholds and detains the same from me ; or, 
 that the said goods, chattels, and personal property were on the 
 day of , last, distrained or taken by the said CD., under color 
 
 of a distress for rent, alleged- to be due by me, to one E. F., when iu , 
 fact no rent was due by me to the said E. F., (or as the case may be, 
 setting out the facts of the wrongful taking or detention complained of with 
 certainty and precision. ) 
 
 4th. That the said C. D. resides (or carries on business, at , 
 
 within the limits of the Division Court in the County of 
 
 , (or that the said goods, chattels, and personal property 
 
 were distrained), (or taken and detained), (or detained), at , 
 
 within the limits of the Division Court of the County of 
 
 Sworn, &c. A. B. 
 
 (14.) AFFIDAVIT TO OBTAIN WRIT WITHOUT ORDER IN FIRST 
 
 INSTANCE. 
 
 [The first four sections may be as above and the following must be stated 
 in addition\ : 
 
 5th. That the said personal property was wrongfully taken, (or 
 fraudulently got) out of my possession within two calendar months 
 before the making of this aflBdavit, that is to say, on the day of 
 
 last. 
 
 6th. I am advised and believe that I am entitled to an order for the 
 writ of replevin now applied for, and I have good reason to appre- 
 hend, and' do apprehend, that unless the said writ is issued without 
 
FORMS. 47 
 
 waiting for an order, the delay will materially prejudice my just rights 
 in respect to the said property. 
 
 [Or if the prc^erty was distrained for rent or damage feasant, then the 
 statement given in the last specific alternative under the 3rd clause of the 
 above form will he sufficient to obtain writ loithout order^l 
 
 (15.) CLAIM IN REPLEVIN. 
 
 No. ' A.D. 18 
 
 In the Division Court in the Count of 
 
 A. B., of states that C. D., of did on or about the 
 
 day of A.D. 18 , take and unjustly detain {or 
 
 detain, as the case may he), and still doth detain his goods, 
 
 chattels and personal property, that is to say {liere set out tlie descrip- 
 tion of property) which the said A. B. alleges to be of the value of 
 dollars, whereby he hath sustained damages 
 and the said A. B. claims the said property with damages in this 
 behalf as his just remedy. 
 
 A. B. 
 
 (16.) PARTICULARS IN CASES OF CONTRACT. 
 No. A.D. 18 
 
 A. B., of claims of C. D., of , the sum of $ 
 
 the amount of the foUovnng account, viz., (or " the 
 
 amount of the note, a copy of which is under written,") together 
 with the interest thereon, [or, for that the said C. D. promised (here 
 state shortly the promise) which undertaking the said C. D. hath not 
 performed, or, for that the said C. D. by deed under his seal dated 
 the day of A.D. 18 covenanted to, &c., and that 
 
 the said C. D. hath broken said covenant whereby the 
 
 said A. B. hath sustained damages to the amount aforesaid ; or for 
 money agreed by the said C. D. to be paid by the said A. B., together 
 with a horse of the said C. D., in exchange for a horse of the said A. 
 B., delivered by the said A. B. to the said C. D. ; or for that the said 
 C. D., by warranting a horse to be then sound and quiet to ride, sold 
 the said horse to the said A. B., yet the said horse was not then 
 sound and quiet to ride; or for that the said C. D., in consideration 
 that the said A. B. would supply E. F. with goods on credit promised 
 the said A. B., that he, the said C. D. would be answerable to the 
 said A. B. for the same, that the said C. D. did accordingly supply 
 the said E. F. with goods to the price of $ and upwards. 
 
48 FORMS. 
 
 on credit, that such credit has expired, yet neither the said E. R nor 
 the said C. D. has as yet paid for the said goods ; or for that the said 
 A. B. let to the said C: D. a house for seven years, to hold from the 
 day of , A.D. , at | a year, 
 
 payable quarterly, of which rent quarters are due and 
 
 unpaid. 
 
 (The above forms are given merely as examples of statements of causes 
 of action, and the claim must show such further particulars as the facts of 
 the case require.) 
 
 (17.) PARTICULARS IN CASES OF TORT. 
 
 No. , A.D. 
 
 A. B. of states that C. D, of did, on or about 
 
 the day of , A.D. 18 , at the Township 
 
 of , unlawfully [take and convert one cow and one calf, 
 
 the property of the said A. B. ; or break and injure a waggon of the 
 said A. B. : or falsely represent L. 0. as fit to be trusted, the said 
 
 C. D. as the same time knowing that the said L. 0. was insolvent, 
 "Vfhereby the said A. B. was induced to give him credit : or assault 
 and beat the said A. B. (or as the case may he, stating the Tort sued for 
 in concise language J;'\ The said A. B. hath sustained thereby damages 
 to the amount of , and claims the same of the said C. D. 
 
 A. B. 
 
 (18.) PARTICULARS IN ACTIONS AGAINST A CLERK OR BAILIFF AND 
 HIS SURETIES. 
 
 No. , A.D. 18 
 
 A. B. of claims of C. D., Clerk (or Bailiif) of the 
 
 Division Court for the County of , and of E. F. of , 
 
 and Gr. H. of (sureties for and parties with the said C. D. to 
 
 a covenant for the due performance of the duties of his said office) 
 the sum of for moneys had and received by the said C. 
 
 D. as such Clerk (or Bailiff) as aforesaid, in a certain cause in the 
 said Division Court, wherein the said A. B. was PlaintiflF, 
 and one H, H. was Defendant, to and for the use of the said A. B., 
 the payment whereof the said C. D. unduly withholds. And also 
 (stating in like manner any other similar claim) — [or the sum of 
 
 for damages sustained by the said A. B. through the miscon- 
 duct (or neglect) of the said C. D. in the performance of the duties 
 of his said office: For that on the day of , At 
 
 (describe in ordinary language the neglect or misconduct, lolweby the 
 da/mage was occasioned).'] 
 
 A. B. 
 
FORMS. 49 
 
 (19.) APPLICATION OF BAILIFF FOR INTERPLEADER. 
 
 In the Division Court in the County of 
 
 Between A B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 By virtue of a writ of execution {or "attachment") in this cause, 
 dated the day of ,18 , from this Court, I did, on 
 
 the day of ,18 , seize and take in 3xecution (specify 
 
 goods, chaMds, etc., seized) as the property of the Def^ adant. E. F., of 
 the JpwnshiJ) of etc., now claims the same his property (or 
 
 now claims the said and as his prop^. iy) and that the 
 
 value thereof is $ you will therefore be pleasec to issue an In- 
 
 terpleader summons to the Plaintiff and to the said E. E, according 
 to the statute in that behalf. 
 
 To the Clerk of the said Court. 
 
 V W , 
 
 Bailiff. 
 Dated, etc. 
 
 (20.) landlord's CLAIM FOR RENT UNDFR SEC. 176. 
 
 Whereas I have been informed that you have seized the goods of 
 C. D., of , on his premises at , to satisfy a certain judgment 
 
 of the Division Court in against the said C. D., at the suit 
 
 of A. B. ; I hereby give you notice that I am the landlord of the 
 said premises, and that I claim $ for rent now in arrear, being 
 
 for one quarter {or as the case may be), and I require you to pay the 
 same to me before you apply the proceeds of the sale of said goods 
 or any part thereof to satisfy the said judgment. 
 
 Dated, etc. E. F. 
 
 To V. W.,. Landlord of said Tenement. 
 
 Bailiff of &c. 
 
 4: 
 
50 FORMS. 
 
 (21.) PARTICULARS OF CLAIM ON INTERPLEADER. 
 
 In the Division Court in the County of 
 
 Between A B , Plaintiff. 
 
 AND 
 
 C D . Defendant. 
 
 E F , Claimant. 
 
 To whom it may concern — 
 
 E. F. of claims as his property the following goods and 
 
 chattels, (or moneys, &c.) seized and taken in execution, {or attached) 
 as it is alleged, namely, {specify the goods and chattels, or chattels or 
 moneys, &c., claimed) and the grounds of claim are {set forth in ordi- 
 nary langvMge the particulars, on which the claim is grounded, as 
 how acquired, from whom, when, and the consideration paid or to be paid 
 and when), and this the said E. F. will maintain and prove. 
 
 E. F. 
 
 Dated this day of 18 
 
 N. B. — If any action for the seizure has been commenced, state in what 
 Court and how the action stands. 
 
 (22.) ORDINARY SUMMONS TO APPEAR. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 
 
 Between A B , Plaintiff, 
 
 AND 
 
 C D f, Defendant. 
 
 I Stamp, i To C. D., the above-named Defendant. 
 
 { Seal. I 
 
 You are hereby [as before (w as often before) you were] summoned 
 to appear, at the sittings of this Court to be holden at , in 
 
 the Township of , in the said County of , on 
 
FORMS. 51 
 
 the* day of A.D. 18 , at the hour of 
 
 in the forenoon, to answer the above-named Plaintiff, in an action 
 on contract, {or in an action for Tort) for the causes set forth in the 
 Plaintiffs statement of claim herewith ; and in the event of your 
 not so appearing, the Plaintiff may proceed to ohtain judgment 
 against you hy default. 
 
 Dated the day of , A.D. 18 
 
 By the Court. 
 
 X Y , 
 
 Clerk. 
 
 Claim % 
 
 Costs, exclusive of mileage 
 
 NOTICE. 
 
 Take notice, that if the Defendant desires to set-off any demand 
 against the Plaintiff, (if the action be for Tort, omit the words in Italics) 
 at the trial or hearing of this cause {or) to take the benefit of any 
 Statute of Limitations, or other Statute, notice thereof in writing, 
 and if a set-off containing the particulars of such set-off {omit the words 
 last in Italics, if the action he for Tort) must be given to the Plaintiff, 
 or left at his usual place of abode, if living within the Division, or 
 left with the Clerk of the said Court, if the Plaintiff resides without 
 the Division, not less than sir days before the day appointed for the 
 said trial or hearing, and in case of set-off a copy of the particulars of 
 his set-off and also a copy for the Plaintiff. 
 
 * N.B. — The day of holdiag the Court must always, and in all forms, be stated at 
 length in words, and not in figures. : 
 
 (23.) SPECIAL SUMMONS. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 
 
 Between A B , Plaintiff, 
 
 I Seal. I 
 
 AND 
 - D , Defendant. 
 
 To the above-named Defendant. 
 
 The Plaintiff demands of you $ as shown by his claim here- 
 
 with ; you are notified that this summons is returnable on the eleventh 
 
52 FORMS. 
 
 or sixteenth or twenty-first, according to the residence of the . 
 
 "ay after the day pf the service hereof upon you; and you are'i» 
 satisfy, the said claim against, you, or if you dispute the same or some 
 part .thereof, you ape to leave with the dlerk within eight (or twelve 
 acciyrding to the residence of the Defendant) days after the day of such 
 service the notice mentioned in warning No. 1, subjoined, otherwise 
 after such return day has passed juds^nent may be given 
 
 against you by default.. In case you give such notice disputing the 
 claim, the cause will be tried at the sittings of this Court, to be held 
 at in the said county on, or next after the day when the 
 
 summons is returnable, at which time and place you are required to 
 appear. And in default of your so appearing, the Plaintiff may 
 proceed to obtain judgment against you. 
 
 Dated the day of A.D. 18 
 
 ' By the Court. 
 
 Clerk. 
 
 Claim $ 
 
 Costs, exclusive of mileage .... 
 
 NOTICES AND WAENINGS TO THE DEFENDANT. 
 
 Warning No. 1. — If the Defendant disputeis the Plaintififs claim, 
 or any part of it, he must leave with the Clert within eight or twelve 
 days after the day of service hereof, a notice to the effect that he dis- 
 putes the claim, or if not the whole claim, how much he disputes; iu 
 default whereof final judgment may be signed for the whole claim, or 
 such part as is not disputed (if the Plaintiff is content with judgment 
 for such part) at any time within one month after the return of tHe 
 summons. 
 
 Warning No. 2. — If the Defendant desires to set-off any demand 
 against the Plaintiff at the trial or hearing of this cause, or to take 
 the benefit of any statute of limitations, or other statute, notice there- 
 of in writing must be given to the PlaintiBF, or left at his usual place 
 of abode, if living vnthin the Division, or left with the Clerk of the 
 said Court, if the Plaintiff resides without the Division, not less than 
 six days before the day appointed for the said trial or hearing, and 
 in case of set off, a copy of the particulars of his set-off, and also & 
 copy for the Plaintiff. 
 
 The two next ensuing sittings of the said Court will be held as 
 
 follows : — ^viz., at o'clock, A.M. 
 
 On the day of A.D. 18 
 
 On the day of A.p. 1? 
 
FORMS. 53 
 
 (24) SUMMONS IN EEPLEVIN. 
 In the Division Court in the County of 
 No. , A.D. 18 . 
 < Sea\ I Between A B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 To V. W., the Bailiif of the said Court, and to C. P., the above- 
 named Defendant. 
 
 You the said Bailiff are commanded that without delay, you 
 cause to be replevied to the PlaintilT the goods, chattels, and personal 
 property described, in the statement of the Plaintiff's claim hereunto 
 annexed, in order that the Plaintiff may have his just remedy in that 
 behalf. , 
 
 And you, the said Defendant, a^re hereby summoned to be and 
 appear at the next sittings of this Court, to be holden at , , 
 
 in the County of , on , the . day of , 
 
 AD. 186 , at the hour of Ten o'clock in the forenoon, to answer 
 the above-named Haintiff in an action of Eeplevin, 
 for the causes set forth in the Plaintifi's statement of claim hereunto 
 annexed ; and in the event of your not so appeM-ing, the Plaintiff 
 may proceed to obtain judgment against you by default. 
 
 Dated the day of , A.D. 18 
 
 By the Court, 
 
 Clerk. 
 Claim for return of goods, and damages. . .$ 
 Costs, exclusive of mileage 
 
 WARNINGS TO THE DEFENDANT. 
 
 1st. In case you do not appear to this writ at the time specified in 
 the summons, the Plaintiff may, on filing the writ and affidavit of 
 due service, proceed thereon as if you had appeared, arid Obtain judg- 
 ment against you by default 
 
 2nd. If you claim a right to the possession of the goods by reason 
 of any claim Tjrhich you may have to urge under aiiy,sts.j;i},ie, or to 
 taite the benefit of any statute of limitations or b^er statute, notice 
 
54 FOEMS. 
 
 thereof in writing must be given to the PlaintiSj or left at his usual 
 place of abode, if living within the Division, or left with the Clerk of 
 the said Court, if the Plaintiflf resides without the Division, at least 
 six days before the day appointed for the said trial or hearing. 
 
 (25.) INTERPLEADER SUMMONS TO CLAIMANT. 
 
 Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 No. , A.D. 18 
 
 C — • D , Defendant. 
 
 < Stamp. >■ 
 
 E F , Claimant. 
 
 You are hereby summoned to appear at a Court, to be holden on 
 
 at the hour of A.M., at , touching a claim made 
 
 by you to certain goods and chattels [or moneys, &c., or securities (as 
 the case may be) ] ; viz. : {here specify) seized and taken in execution 
 (or attached) under process issued out of this Court in this action, {or 
 by a Justice of the Peace) and in default of your then estahUshing 
 such claim, the said goods and chattels will be sold, {or the said moneys 
 &c., paid and deUvered over) according to the exigency of the said pro- 
 cess : and take notice, that you are required, six days before the day 
 appointed for the said trial or hearing, to leave at the Clerk's office a' 
 particular of the goods and chattels, {or as the case may be) so claimed 
 by you, and the grounds of your claim. 
 
 Given under the seal of the Court this day of 18 
 
 Clerk. 
 To E. F., the above named claimant. 
 
 (26.) SUMMONS TO PLAINTIFF ON INTERPLEADER. 
 
 In the Division Court in the County of 
 
 Between A B ,Plaintiff, 
 
 I Seal. I 
 
 No. , AD. 18 
 
 < Stamp. \ 
 
 AND 
 D , Defendant. 
 
 E F , Claimant. 
 
 Whereas; E. F., of hath made a claim to certain goods, [or 
 
FOEMS. 55 
 
 to certain securities or money (as the case may he,J\ viz. : (here ^ecify) 
 whicli have been seized and taken in execution (or attached) under 
 and by virtue of process, issuing out of this Court, in this action (m- 
 by a Justice of the Peace) ; you are therefore hereby summoned to 
 be and appear at a Court to be holden at on at 
 
 the hour of , when the said claim will be adjudicated upon, 
 
 and such order made thereupon, as the Court shall deem fit. 
 
 Given under the seal of this Court this day of ,18 
 
 X Y , 
 
 Glerl. 
 
 To A B- 
 
 The above-named plaintiff. 
 
 N.B. — The claimant is called upon to give particulars of his claim, 
 which you may inspect on application at the office 0/ the Clerk of the Court 
 five days before the day of hearing. < 
 
 (27.) APPLICATION FOR JUDGMENT SUMMONS. 
 
 To X. Y., Clerk of the Division in the County of 
 
 Be pleased to summon of etc., to answer according to the 
 
 Statute in that behalf, touching the debt due me by the judgment of 
 the said Court of the Division Court of the County of , 
 
 on my behalf, a minute whereof is hereunto annexed. 
 
 A. B., Plaintiff. 
 
 (28.) SUMMONS TO DEFENDANT AFTER JUDGMENT. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 . 
 
 Between A B , Plainti^, 
 
 AND 
 
 C D , Defendant. 
 
 To the above named Defendant. 
 
 Whereas on the day of A.D. 18 , the Plaintiff 
 
 duly recovered judgment against you in sai'd Court, holden in and for 
 said Division, for $ for debt, and $ for costs of suit, which 
 
56 FORMS. 
 
 feiilains unsatisfied, ypu are therefore hereby, (in case of a sffcpfld 
 summons here insert the words , " as before you ■were") summoned to 
 appear at the next sittings of this Court, to be holden a.t. : 
 on the day of , at the hpur of 
 
 , to be then and there examined by the Judge of the; said 
 Court, touching your estate and effects, and the manner and circum- 
 stances, under which you contracted the said debt, {or incurred the 
 damages or liability) which was the subject of the action, in which 
 the said judgment was obtained against you, and as to the means and 
 expectations you then had, and as to the property and means you 
 still have, of -discharging the said debt (or damages or liability), and 
 as to the disposal you may have made of any of -your property: — 
 And take notice, that if you do not appear in obedience to this sum- 
 mons, you may, by order of this Court, be committed to the Com- 
 mon Jail of the County. 
 
 Given under the Seal of the Court this day of ,18 
 
 By the Court, 
 
 X Y , 
 
 Clerk. 
 
 Amount of Judgment $ 
 
 Costs of this summons 
 
 (29.) SUMMONS TO DEFENDANT AFTER DEFAULT. 
 
 In the Division Court in the County of 
 
 < Seal, j- Between Plaintiff. 
 
 No. , A.D. 18 AND 
 
 Defendant. 
 
 Whereas at the sittings of this Court, {or of, etc.), holden at 
 the in the town of in the County of , on 
 
 the day of ,18 , the above named Plaintiff obtained, a 
 
 judgment against you for the sum of % for debt, besides interest 
 thereon and $ costs to be paid , and which said jiidgmerit 
 
 remained unsatisfied. 
 
 And whereas by a summons bearing date the day of , 
 
 18 , you were summoned to appear at the sittings of this Court, 
 holden at the of in the County of , on. thel 
 
 day of ,18, , at the hour of of the clock in the forenoon, to 
 be then and there examined by the Judge of the said Court touching 
 your estate and effects, and the manner and circumstances under 
 w;hich you contracted the said debt, which was the subject of the 
 action m which the said judgment was obtained against you, and as to 
 
FORMS. 57 
 
 the means and expectations you then (at the time of contracting) had, 
 and as to the property and means you still had (at the said last day 
 aforesaid) of discharging the said debt, and as to the disposal you may 
 have made of any of your property, {If debtor did not appear upon 
 the first but did upon a second summons recite accordingly.) 
 
 And whereas upon your appearing thereto, and upon examination 
 and hearing of both parties {or of you, and the evidence, if any), it ap- 
 peared to the satisfaction of the said judge, that you then had {or had 
 since the judgment obtained against you, as the case may be) sufficient 
 means and ability to pay the said debt and the interest thereon, and 
 costs so recovered against you ; and the said Judge did then and there 
 order and direct that you should pay to the said Plaintiff the sum of 
 $ debt, and interest then accrued, and $ costs, and 
 
 also $ costs of the said last mentioned summons, to be paid as 
 
 follows, that is to say, the sum of $. to be paid on the day 
 
 of ) 18 , the further sum of $ to fee paid on the 
 
 day of , 18 , , or fortibwith {fls the case, may be.) 
 
 And whereas thfe Plaintiff alleges that you have not paid the 
 and in'stalinents of each, {or the said sums) so ordered 
 
 to be paid. 
 
 You are therefore hereby summoned to appear at the next sittings 
 of this Court,, to be holden at the in the town of 
 
 in the County of , on the 4?^ of ,18 , at the 
 
 hour of of the clock in the forenooi, to be then and there ex- 
 
 amined by the Judge of the said Court touching your estate and effects, 
 and the manner and circumstances under which you contracted the 
 said debt, which Was the subject of the action in which the said 
 judgment was obtained against you, and as to the means and expec- 
 tations you then had, and as to the property and means you still 
 have, of discharging the said debt, and as to the disposal you have 
 made of any of your property and as to the reasons why you have 
 not paid to the Plaintiff the said and instalments 
 
 of each of the said debt, so ordered to be paid by you, as 
 
 last above mentioned and recited, pursuant to the said order of the 
 judge. 
 
 And also to shew cause why you should not pe committed to the 
 common jaU of the county for not coniplying with the said order of 
 the said Judge. 
 
 Given under the seal of the Court this day of 18 
 
 By the Court, 
 
 X "! 
 
 Clerk. 
 
 Amount of judgment £ 
 
 , " . . instalment 
 
 Cost of this summons 
 
68 FORMS. 
 
 (30.) SUMMONS ON BEHALF OF EXECUTOR OR ADMINISTRATOR TO 
 REVIVE A JUDGMENT. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 
 
 Between A B , Executor of CD., 
 
 deceased, Plaintiff. 
 
 I Seal. I 
 
 AND 
 
 E F , Defendant. 
 
 To E. F., the above-named Defendant, 
 Whereas on the ' day of A.D. 18 , the above- 
 
 named C. D. duly recovered in said Court holden in and for said Di- 
 vision, judgment against you for $ debt, and $ costs of 
 suit, vrhich judgment, a transcript of which is hereunto annexed, stiU 
 remains unsatisfied, and the said Plaintiff, as Executor aforesaid, 
 claims to have execution thereof; you are hereby summoned to ap- 
 pear at the sittings of this Court to be holden at on at 
 in the forenoon, to show cause, if any you have, why the said 
 Plaintiff, Executor as aforesaid, should not have execution against 
 you of the said judgment, according to the force and effect of the said 
 recovery, and, in the event of your not appearing, judgment wOlbe 
 entered against you by default. 
 
 By the Court, 
 
 X Y , 
 
 Clerk. 
 Dated this day of ,18 
 
 Claim $ 
 
 Costs exclusive of mileage 
 
 N.B. — This form may be altered to suit other facts showing a change of the par- 
 ties entitled to execution, which maike a revival necessary. 
 
 (31.) SUMMONS ON A DEVASTAVIT. 
 
 In the Division Court in the County of 
 
 Between A B , Plaintiff, 
 
 AND 
 
 No. , A.D. 18 
 
 C D , Executor {or Adminis- 
 trator) of E.F., deceas- 
 ed. Defendant. 
 To C. D., the above-named Defendant. 
 You are hereby [as before (or as often before) you were] summoned 
 
 < Stamp, l 
 
FORMS. 59 
 
 to be and appear at the sittings of this Court, to be bolden at 
 
 , on the day of , A.D., 18 , at the hour 
 
 of ia the forenoon, to answer the above-named Plaintiff 
 
 in an action, for that you, the Defendant, have witheld and 
 wasted divers goods and chattels, which were the property of E. F., 
 deceased, at the time of his death, and which came to the hands of 
 you the Defendant, as executor {or administrator) of the said E. F. to 
 be administered, whereby a certain judgment recovered against you 
 by the Plaintiff in this Court on ^l.e day of A.D, 18 , 
 
 for $ remains unsatisfied j and in the event of your not appear- 
 
 ing, the Plaintiff may proceed to obtain judgment against you by de- 
 fault. 
 
 Dated this day of ,18 
 
 X Y , 
 
 Clerk. 
 
 (32.) SUGGESTION OF DEVASTAVIT ON ORIGINAL SUMMONS. 
 
 (Commence with Form of Summons, as in " Ordinary Summons to Ap- 
 pear," lut naming Defendant as executor or administrator, and adding after 
 the word " default"^ and the Plaintiff alleges, that you, the Defendant, 
 have money, goods, and chattels, which were the property of the said 0. 
 D., deceased, at the, time of his death, and which came to your hands 
 as such executor {or administrator) to be administered ; and if not, 
 that you have witheld or wasted the same. 
 
 (33.) SUMMONS TO REVIVE JUDGMENT AGAINST AN EXECUTOR, 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 
 
 Between A B , Plaintiff, 
 
 AND 
 
 C E , Executor of E. F., 
 
 deceased, Defendant. 
 
 To C. E., the above-named Defendant. 
 
 Whereas on the day of , A.D. 18 , the 
 
 Plaintiff duly recovered in the said Court, holden in and for the said 
 Division, judgment against the said E. F. in his life-time for $ 
 for debt, and $ costs of suit, which judgment, a transcript 
 
 whereof is hereunto annexed, stUl remains unsatisfied ; and the said 
 Plaintiff claims to have execution thereof against you, as Executor of 
 the said E. F. : you are hereby summoned to appear at the sittings 
 of this Court, to be holden at , on , at the hour 
 
60 FORMS. 
 
 of , to show cause, if any you have, why the said Plaintiff 
 
 should not have execution of the said judgment against you, as Exe- 
 cutor as aforesaid, to he levied of the goods and chattels of the said 
 E. F. deceased, in your hands to be administered ; and in the event 
 of your not appearing, judgment herein will be entered against you 
 by default. 
 
 Dated this day of ,1b. 
 
 By the Court, 
 
 X.- 
 
 Clerk. 
 
 Amount claimed 
 
 Costs exclusive of mileage . 
 
 N.B. — This form may be altered to suit other facte showing a change of the par- 
 ties liable to execution, which make a revival necessary. 
 
 (34.) SUMMONS TO EXECUTOR OR ADMINISTRATOR, WHERE PLAINTIFF 
 
 INTENDS TO APPLY TO THE COURT, ALLEGING THAT ASSETS 
 
 HAVE COME TO THE DEFENDANT'S HANDS SINCE 
 
 JUDGMENT. 
 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 No. ,A.D. 18 
 
 C D , Executor {or Adminis- 
 trator) of E. F., de- 
 ceased. Defendant. 
 
 The Plaintiff having learned that the property of the said deceased 
 has come to your hands as Executor {or Administrator) since the 
 judgment herein, to be administered (and that you have witheld 
 and wasted the same), intends to apply at the next sitting of this 
 Court to be holden at on the day of 
 
 , at the hour of , for an order that the debt and 
 
 costs be levied of the goods and chattels of the said deceased, if you 
 have so much thereof to be administered (and that if you have not, 
 then that it shall be levied of your own proper goods and chattels), 
 and that the costs be levied of your proper goods and chattels. 
 
 You are, thereupon, hereby summoned to appear at the said 
 Court, at the time and place aforesaid, to answer touching the matter 
 aforesaid. 
 
 Dated this day of ,18 
 
 X Y , 
 
 Clerk. 
 To 
 
 The above-named Defendant. 
 
FORMS. 61 
 
 (35.) ORDER OF REFERENCE. 
 
 In the Division Court in the County of 
 Between A B 
 
 AND 
 C D , Defendant. 
 
 By consent of the Plaintiff and Defendant (or agents if so) given in 
 open .Court {or produced in writing to the Court) it is ordered that 
 all matters in difference in this cause {and if consented to, add, " and 
 all matters within the jurisdiction of this Court in difference between 
 the said parties") he referred to the award of so as said 
 
 award be made in writing, ready to be delivered to the parties 
 entitled to the same, on or before the day of ; 
 
 and that the said award may be entered as the judgment in this 
 cause {add any terms that the Judge may prescribe, or the parties may 
 agree upon.). 
 
 Given under the seal of the Court this day of 
 
 18 . 
 
 X Y , 
 
 Clerk. 
 
 (a.) appointment of umpire to be endorsed. 
 
 "We hereby appoint , of, &c., as a third arbitrator with us 
 
 for determining the matters in dispute within referred to us. 
 
 Or, We hereby appoint , of, &c., as an umpire as to certain 
 
 differences of opinion which have arisen between us as arbitrators of 
 the matters within referred. 
 
 (h.) APPOINTMENT FOR MEETING ON REFERENCE. 
 
 In the, &c. 
 
 B. ) I appoint the day of next, at the 
 
 V. > hour of , at , for proceeding on this 
 
 , Arhitrator. 
 
 D. J reference. 
 To (both parties). 
 
 (C.) ENLARGEMENT TO BE ENDORSED. 
 
 I enlarge the time for making my award respecting the matters 
 referred to me by the within order of reference, until the day 
 
 of , 18 . 
 
 , ArUtrator. 
 
 Dated, <&c. 
 
62 FOKMS. 
 
 (36.) AWARD. 
 
 The aw&ed, when endorsed on the order, may he in the following 
 
 -form. 
 
 After hearing and considering the proofs laid before me {or us) in 
 the matter of the within reference, and in full determination of the 
 matters to me {or us) referred, I {or we) do award that the within 
 named A. B. is entitled to recover from the within named C. D. the 
 sum of , together with the costs of this suit, and also 
 
 the costs of this reference (or as the case may be), and 
 that the same shall be paid by the said C. D. within days, 
 
 and that judgment be entered in the within mentioned case accord- 
 ingly. 
 
 Dated this day of ,18 
 
 Witness, 
 
 Arbitrator. 
 (Add affidavit of caption.) 
 
 (37.) SUMMONS TO JURORS. 
 
 Division Court in the County of 
 
 You are hereby summoned to appear and serve as a Juror in this 
 Court, to be holden at on , at the hour of 
 
 Herein fail not at your peril. 
 
 Given under the seal of the Court this day of 
 
 18 . J , 
 
 X Y- 
 
 To 
 
 Clerk. 
 
 (38.) SUMMONS TO WITNESS. 
 
 In the Division Court in the County of 
 
 ■ ^—^ . Between A B , Plaintiff, 
 
 Seal. > 
 
 " — v~' ^ AND 
 
 C D , Defendant. 
 
 You are hereby required to attend at the sittings of the said 
 
FORMS. 63 
 
 Court, to be holden at on the 18 .at the 
 
 hour of in the forenoon, to give evidence in the above 
 
 cause, on behalf of the above named [and then and there 
 
 to have and produce (state partimlar documents required) and all other 
 papers relating to the said action, in your custody, possession, or 
 power.] 
 
 Given under the Seal of the Court this day of 
 
 18 
 
 Clerk. 
 To 
 
 (39). SUMMONS TO WITNESS TO APPEAR BEFORE ARBITRATOR. 
 
 In the Division Court in the County of 
 
 Between A B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 I Seal. I 
 
 You are hereby required to attend before the 
 
 Arbitrator (or Arbitrators) to -whom this cause stands referred, at 
 
 on the day of 
 
 A.D. 18 at o'clock of that day, being the 
 
 time and place appointed by the said Arbitrator for a meeting upon 
 the said reference, to give evidence in the above cause on behalf of 
 the above n9.med and then and there to have and 
 
 produce (state the particular documents required) and all other 
 papers relating to the said action, in your custody, possession, or 
 power. 
 
 Given under the Seal of the Court this day of 
 
 A.D. 18 
 
 To 
 
 Clerk. 
 
64 FORMS. 
 
 GARNISHEE PROCEEDINGS TO JUDGMENT. 
 
 (4Q.) AFFIDAVIT FOR ORDER TO GARNISH DEBT. 
 
 In -tijie Division Court in the .County of 
 Between A B , Plamtiff. 
 
 C- 
 
 I,A- 
 
 B- 
 
 , of tlie 
 
 AND 
 
 D— 
 
 -, Defendant. 
 of 
 
 in the County 
 
 of the Plaintiff in the suit, (if the affidavit be made by i 
 
 Plaintiff'^ attorney or agent make the necessary alteration) make oath and 
 say, that judgment was recovered in this case against the above- 
 named Defendant on the day of A.D. 18 , for the sum 
 of $ debt and costs, (or according to the judgment,) and that 
 the same remains wholly unsatisfied, (or that f part thereof yet 
 remains unsatisfied.) 
 
 That I have reason to believe, and do believe, that E 
 
 F — , residing at within this Province is, {or if the per- 
 son indebted to thfi Defendent be not known, say " that one or more persons 
 residing in this Province, whom I am unable to name, are" indebted 
 to the Defendant in the sum of $ , {or if the amount be unknown say 
 " in an amount which I am unable to name," for goods sold and de- 
 livered by the Defendant to the said JI ■ — F , {or otherwise 
 
 according to the nature of the debt sought to be garnished.) 
 
 Sworn before me at the of 
 
 in the County of this 
 
 day of A.D. 18 . 
 X: Y -, 
 
 Clerk. 
 
 •B- 
 
 (41.) judge's attaching order. 
 
 I Stamp. > In the 
 
 Between A B 
 
 and 
 C D 
 
 on the day of 
 
 Amount unsatisfied $ 
 
 Division Court in the Comity of 
 
 Plaintiff, "> Judgment entered in 
 
 >the Division Court in 
 
 Defendant, J the County of 
 ,A.D. 18 . ' ' 
 
 On application of the Plaintiff and upon reading his affidavit, [or 
 " the affidavit of A B, his attorney (or " agent," as the case may 66,)| 
 it is ordered, that all debts now owing to the Defendant from any 
 
FORMS. 65 
 
 party in this Province, whether due, or accruing due, be and the same 
 are hereby attached, to satisfy the judgment in this cause. 
 
 Dated the day of A. D. 18 
 
 Judge. 
 
 (Add Warning as in next Form.) 
 
 (42.) WABNING TO GARNISHEE.) 
 
 To D. E., Garnishee, 
 
 You are hereby notified that from and after the time of the 
 service of this (" order" or " summons") on you, all debts due or 
 accruing due, from you to the above named C. D., are attached, and 
 if you pay the same to any one other than to the person holding the 
 proper order to receive the same, or into Court, you will be liable to- 
 repay it, in case the Court or Judge so order. 
 
 (43.) SUMMONS TO GARNISHEE AND PRIMARY DEBTOR AFTER 
 JUDGMENT. 
 
 I Seal. I 
 
 In the Division Court in the County of 
 
 ZSTo. , A.D. 18 
 
 < Stamp. I Between A. B., Primary Creditor, 
 ' ■ — , — - ■' and 
 
 C. D., Primary Debtor, 
 
 Judgment recovered 
 on the day of , 
 A.D., 18 in the 
 and \ Division Court in the 
 
 E. F., Garnishee. I County of 
 
 Amount unsatisfied,, 
 J f ■ 
 
 You, the above named Garnishee and the Primary Debtor, 
 are hereby summoned to appear at the sittings_ of this Court, to be 
 held at on the day of A.D. 18 {or before 
 
 the Judge presiding at on the day of 
 
 A.b. 18 ,) at of the clock in the noon, to state and show 
 
 whether or not you the said Garnishee owe any, and what debt to 
 the above named Primary Debtor, and why you should nat pay the 
 same into Court, to the extent due on the above named judgment, 
 to satisfy the same ; and take notice, that if you have any set-off or 
 other statutable defence, as between you and the Primary Debtor, 
 you must give notice thereof, to the Primary Creditor, six days 
 before the day you are so required to appear. You or any one 
 5 
 
■66 FORMS. 
 
 interested, may also show any other cause why the said debt should 
 not go to satisfy the said judgment. 
 
 Dated the day of , A.D. 18 
 
 X Y , 
 
 Clerk. 
 
 (44.) SUMMONS TO PRIMARY DEBTOR (BEFORE JUDGMENT) AND 
 GARNISHEE. 
 
 In the Division Court in the County of 
 TSTo. , A.D., 18 
 
 I Seal. I 
 
 Between A. B., Primary Creditor, 
 ' and 
 C. D., Primary Debtor, 
 and 
 E. F., Garnishee, 
 
 The Primary Creditor 
 claims from the Primary 
 Debtor the amount of 
 the annexed account : 
 
 (giving the accmint or claim in detail.) 
 
 You, the above named Primary Debtor, are hereby sum- 
 moned to appear at the sittings of this Court, to be held at 
 on the day of A.D. 18 (or at on the 
 
 -day of A.D. 18 before the Judge then and there presiding) 
 
 to answer the Primary Creditor, who sues you for the recovery of 
 the annexed claim and you, the Garnishee, are required to appear 
 -at the same time and place to state and show whether or not you 
 owe any and what debt to the Primary Debtor, and why you should 
 not pay the same into Court, to the extent of the Primary Cred- 
 itor's claim in satisfaction thereof; and take notice, that if either 
 of you , have any set-oif, or other statutory defence, as between you, 
 or as between the said Primary Debtor and the Primary Creditor, 
 j-ou must give notice of all such defences to the Primary Creditor 
 not less than six days before you are so required to appear. You 
 ^nd all others interested may also show any other cause why the 
 -debt owing from the Garnishee should""*iot be paid and applied to 
 ..satisfy the said claim of the Primary Creditor. 
 
 Dated the day of A. D. 18 
 
 X Y , 
 
 Clerk. 
 
FORMS. 67 
 
 (45.) MINUTE IN PROCEDUEE BOOK OF JUDGMENT AGAINST GAR- 
 NISHEE ON JUDGMENT ALREADY RECOVERED. 
 
 Judgment entered on the day of in the Div- 
 
 ision Court in the County of 
 
 Amount unsatisfied, $ 
 
 On hearing all parties, [<w on "hearing the above-named " {the par- 
 ties appearing), the above-named having made default, 
 it is adjudged that the G-amishee is indebted to the Primary Debtor 
 in % now due (or coming due as follows, 
 
 ) which {or % of which) ought to 
 
 be applied in satisfaction of the said judgment, and that the said 
 Primary Creditor do recover against the Garnishee, for levying 
 whereof execution may issue at ony time, {or if the debt he not due,, 
 or time for payment he given, add) after from this date, unless 
 
 the Garnishee shall sooner pay the same into Court, to satisfy the 
 said "judgment. 
 
 Entered the day of A.D. 18 . 
 
 (46.) MINUTE IN PROCEDURE BOOK OF JUDGMENT AGAINST PRI- 
 MARY DEBTOR AND AGAINST GARNISHEE. 
 
 On hearing all parties [or " on hearing, the Primary Creditor {or as 
 the case is) the Primary Debtor {or as the case is) having made default.] 
 It is adjudged, 1st, that the Primary Debtor is indebted to the 
 Primary Creditor in $ , and $ , costs. 2nd, that the 
 
 Garnishee is indebted to the Primary Debtor in f , which, (*/ 
 
 the Garnishee's debt he larger than the Primwy Creditor's claim, say, " to 
 the extent of the two first mentioned sums") ought to be applied in 
 satisfaction thereof 3rd, that the Primary Creditor do recover 
 against the Garnishee the said sum of $ in days {as 
 
 time may be given for payment or debt becomes due) in satisfaction 
 as aforesaid. 
 
 (47.) MINUTE OF JUDGMENT IN FAVOUR OF GARNISHEE. 
 
 On hearing all parties {or on hearing the Garnishee, the Primary 
 Creditor having made default), it is adjudged that the Garnishee is 
 not indebted to the Primary Debtor as claimed by the Primary 
 Creditor, and that the Primary Creditor pay the Garnishee $ 
 for his costs, to be paid in days 
 
68 FORMS. 
 
 (47a.) BOND UNDER SEC. 15, OF THE ACT OF 1869. 
 
 (Commencement and conclusion same as in Replevin hand, condition as 
 
 follows.) 
 
 Whereas in a certain garnishee proceeding under the Act 32 Vic, 
 Cap. 23, wherein the said A. B., is primary creditor, C. D., primary 
 debtor, and E. F. garnishee, a certain debt of $ due from 
 
 the garnishee to the primary debtor, has been garnished to answer 
 the debt of the primary creditor, and whereas the Judge of the said 
 court aqting. under the 15th section of the said Act, ordered that uppji 
 payment of the said debt by the garnishee to the primary creditgr, 
 security should be given by or on behalf of the primary creditor for 
 the repayment th^eof into court by the primary creditor. Now the 
 condition of this obligation is such that if the above bounden A B. 
 do pay into Court the said debt, in case a proper order shall be made 
 for such repayment, within five days after notice of such order, then 
 this obligation to be void, else to remain in full force. 
 
 (48.) clerk's MEMORANDUM OF NON-APPEARANCE OF GARNISHEE 
 (common law PROCEDURE ACT, SEC. 296.) 
 
 Memorandum. 
 
 I, X. Y., Clerk of the Division 
 
 Court in the within order named, attended this day of 
 
 18 , at the place within mentioned, from 
 o'clock in the noon {as tJie case may be), till past 
 
 in the noon {as the case may be) of the same day, and the 
 
 said J. K. {Garnishee) did not appear before me according to the said 
 order. 
 
 X Y , 
 
 Clerk 
 
 (49.) MEMORANDUM OF ADMISSION OF DEBT, WHEN SIGNED BY 
 GARNISHEE (O. L. P. ACT, SEC. 296.) 
 
 Memorandum. 
 
 On this day of ,18 , the within 
 
 named {Garnishee) appeared before me 
 
 according to the within order,* and admitted that he was and is 
 indebted to the within named G-. H. , (judgment debtor) 
 
 in the sum of I , (if the whole debt be not ddmttdi 
 
 add, " and no more."^ (If the Garnishee be willing to sign the oMs- 
 sion, add, " and signed the subjoined admission in my presence"). 
 
 X Y ,, 
 
 Clerk. 
 
FOKMS. 69 
 
 I, J. K. , within named, admit that .there 
 
 is a debt of $ (if the whole debt be not admitted, add, 
 
 " and no more ") due from me to the within named 
 (Judgment debtor.) 
 
 J. K. (Garnishee signature.) 
 
 (50.) MEMORANDUM, WHERE GARNISHEE DENIES DEBT (UNDER SEC. 
 296, C. L. P. ACT.) 
 
 On, &c. (as in previous form to the asterisk*), and disputes the 
 debt claimed to be due from him to the within named 
 
 (Judgment debtor.) 
 
 (If tJie Garnishee be willing to sign the denial of debt, add, "and signed 
 the subjoined denial of debt in my presence.") 
 
 I dispute the debt claimed to be due from me to 
 within named. 
 
 J K , 
 
 (Garnishee signature.) 
 MINUTES OF JUDGMENT IN PEOCEDURE BOOK. 
 
 (51.) OF JUDGMENT AGAINST DEFENDANT FOR DEBT OR DAMAGES. 
 
 Judgment for the Plauitiff * for $ and f costs ; 
 
 to be paid in days {when an excess lias been abandoned, add, 
 
 being " in full discharge of his cause of action set forth in the claim." 
 
 * Add " On verdict by jiiry," if such be the fact. 
 
 (52.) OF JUDGMENT UNDER 32 VIC, CAP. 23, SECS. 2 and 3. 
 
 The Defendant, having been served with " Special Smnmons," 
 and particulars of claim, and not disputing same {or, " not disputing 
 $ part thereof, and Plaintiff being content with judgment for such 
 part,") it is adjudged that plaintiff recover $ for debt, and $ ' 
 costs. 
 
 Dated day of ,18. 
 
70 FORMS. 
 
 (53.) OF JUDGMENT WHEKE SOME DEFENDANTS HAA'E BEEN SERVED 
 WITH SPECIAL SUMMONS, AND OTHERS HAVE CONFESSED. 
 
 The Defendant, C. D., having been served with special summons 
 and particulars of claim, and not disputing $ part thereof, 
 
 and the Plaintiif heina content writh judgment for such part, and the 
 Defendant E. F. and G. H. having confessed the same sum as due to 
 the Plaintiff. It is adjudged that the plaintiff recover $ for 
 
 debt and $ for costs. 
 
 . (54.) OF JUDGMENT OF NONSUIT OR DISMISSAL FOR WANT OF 
 PROSECUTION. 
 
 Judgment of Nonsuit, " or that the cause be dismissed " {if costs, 
 &c., ordered, add, " and the Plaiutiff pay $ for Defendant's 
 
 costs," m- $ for Defendant's trouble, and $ for his 
 
 costs ; to be paid in days). 
 
 (55.) OF JUDGMENT ON AWARD. 
 
 Judgment for the PlaintrEf (o?- Defendant) for $ costs {or 
 
 for the sum of and costs) pursuant to award ; to 
 
 be paid in days. 
 
 (56.) OF JUDGMENT FOR DEFENDANT. 
 
 Judgment for the Defendant* {or for the Defendant for | 
 costs ; or $ for his trouble and loss of time, and also $ 
 
 for his costs ; to be paid forthwith). 
 
 Add " on verdict by Jury," if stick he the fact. 
 
 (57.) OF JUDGMENT FOR DEFENDANT ON SET-OFF, WHERE SET-OFF 
 IN PART SATISFIED. 
 
 It appearing that the Defentant's set-off exceeds the Plaintiff's 
 claim as proved, by over $100, it is adjudged that the Plaintiff's 
 claim, proved at $ be discharged, and that the Defendant's set- 
 
 off to f be satisfied, and further, that the Defendant do recover 
 
 against the Plaintiff $ for his costs to be paid in days. 
 
 (58.) OF JUDGMENT FOR DEFENDANT FOR BALANCE OF SET-OFF. 
 
 It appearing that the Defendant's set-oft exceeds the Plaintifif's 
 claim ; it is adjudged that the Plaintiff's claim, proved at $ , 
 
 be discharged, and that the said set-off as to that amount be satisfied, 
 and further, that as to $ , residue of such set-off, the Defendant 
 
FOEMS. 71 
 
 have judgment for the same, together with $ for his costs 
 
 to be paid in days. 
 
 (59.) OF ORDINARY JtJDGMENT AGAINST EXECUTOR OR ADMINIS- 
 TRATOR. 
 
 Judgment for Plaintiff for $ and $ oosts, to be paid in 
 
 days, to be levied on the goods and chattels of the deceased ; 
 failing, such goods, the costs to be levied of the Defendant's proper 
 goods and chattels. 
 
 (60.) OF JUDGMENT AGAINST AN EXECUTOR OR ADMINISTRATOR, 
 WHO HAS WASTED ASSETS. 
 
 Judgment for Plaintiff for $ and $ costs, to be paid in 
 
 days, to be levied of the goods and chattels of the deceased ; 
 
 failing such goods, then the whole {or the sum of f and the said 
 
 costs) to be levied of the Defendant's proper goods and chattels ; the 
 
 Defendant having wasted the goods of the deceased to that amount 
 
 (61.) OF JUDGMENT AGAINST AN EXECUTOR OR ADMINISTRATOR, 
 WHO HAS DENIED HIS REPRESENTATIVE CHARACTER, OR 
 PLEADED A RELEASE TO HIMSELF. 
 
 Judgment for Plaintiff for $ and $ costs, to be paid in 
 
 days, to be levied of the goods and chattels of the deceased ; 
 failing such goods, then to be levied of the Defendant's proper goods, 
 the Defendant having pleaded a release to himself, (or " the Defend- 
 ant having denied his representative character ") and this plea being 
 found against him. 
 
 (62.) OP JUDGMENT AGAINST AN EXECUTOR OR ADMINISTRATOR, 
 WHO ADMITS HIS REPRESENTATIVE CHARACTER, AND DENIES 
 THE DEMAND. , 
 
 The same as in ordinary judgment against Executor or Administrator 
 (Form 59.) 
 
 (63.) OF JUDGMENT AGAINST AN EXECUTOR OR ADMINISTRATOR, 
 WHERE HE ADMITS HIS REPRESENTATIVE CHARACTER, BUT DENIES 
 THE DEMAND, AND ALLEGES TOTAL OR PARTLAL ADMINISTRA- 
 TION ASSETS : AND THE PLANTIFF PROVES HIS DEMAND, AND 
 THE DEFENDANT PROVES ADMINISTRATION. 
 
 Judgment for the Plaintiff for I debt, and also $ costs, 
 
 to be paid in days ; the Plaintiff's demand which was denie.d, 
 
 having been proved and full (or partial) administration also having 
 
t2 FOEMS. 
 
 been proved, which was denied, the said costs to be levied of* the 
 goods and chattels of the deceased ; failing such goods, then of the De- 
 fendant's proper goods ; the said debt to be levied of the goods and 
 chattels of the deceased, hereafter to come to the Defendant's hands 
 to be administered, and ordered that $ the costs in proving 
 
 such administration, be paid by the Plaintiif in days. 
 
 {64.) OF JUDGMENT AGAINST EXECUTOR OR ADMINISTRATOR, WHERE 
 THE DEFENDANT ADMITS HIS REPRESENTATINE CHARACTER, 
 BUT DENIES THE DEMAND, AND ALLEGES TOTAL OR PARTIAL 
 ADMINISTRATION OF ASSETS, AND THE PLAINTIFF PROATES HIS 
 DEMAND, AND THE DEFENDANT DOES NOT PROVE ADMINISTRA- 
 TION. 
 
 Judgment for Plaintiff for f debt, and also $ 
 
 costs, to be paid in days, to be levied of the goods and 
 
 chattels of the deceased ; faUing such goods, then the said costs to 
 be' levied of the Defendant's proper goods, and the debt to b^ levied 
 of the goods and chattels of the deceased, hereafter to conie to the 
 Defendant's hands to be administered, the Plaintiff's demand having 
 been proved, which was denied, and administration, which was 
 alleged, not having been proved. 
 
 (65.) OF JUDGMENT AGAINST EXECUTOR OR ADMINISTRATOR, WHO 
 ADMITS HIS REPRESENTATIVE CHARACTER, AND THE PLAINTIFF'S 
 DEMAND, BUT ALLEGES A TOTAL OR PARTIAL ADMINISTRATION 
 OF ASSETS, AND PROVES THE ADMINISTRATION. 
 
 Judgment for Plaintiff for $ , to be paid in 
 
 to be levied of the goods and chattels of the deceased; hereafter to 
 come to the Defendant's hands to be administered ;' the debt not 
 being denied, and full (or partial) administration, which was denied, 
 having been proved, Ordered that the Plaintiff pay $ for 
 
 the Defendant's costs in idays. 
 
 (66.) OF JUDGMENT AGAINST EXECUTOR OR ADMINISTRATOR, WHO 
 ADMITS HIS REPRESENTATIVE CHARACTER, AND THE PLAIN- 
 TIFF'S DEMAND, BUT ALLEGES A TOTAL OR PARTIAL ADMINIS- 
 TRATION OF ASSETS, AND DOES NOT PROVE THE ADMINISTRA- 
 TION. 
 
 Judgment for Plaintiff for $ dfebt, and $ costs, 
 
 to be paid in days J full {or partial) administration, which 
 
 was alleged, and disputed, not having been proved. Ordered that the 
 
FORMS. 73 
 
 said sums be levied of the goods and chattels of the deceased; failing 
 such goods, then the debt of the goods and chattels, hereafter to 
 come to the Defendant's hands to be administeredj and the costs to 
 feelevied of the Defendant's proper goods. 
 
 (67.) OF JUDGMENT AGAINST EXECUTOR OR ADMINISTRATOR ON 
 DEVASTAVIT AFTER JUDGMENT. 
 
 Judgment that the Defendant has wasted goods and chattels of A. 
 B., deceased, to the sum of $ , whereby a judgment recovered 
 
 against him Ijy the Plaintiif in the Division Court in the County 
 
 of , on the day of 18 , remains unsatisfied ; and 
 
 that the Plaintiff now recover against the Defendant the first named 
 sum, and also f costs ; to be paid in days. 
 
 (68.) OF JUDGMENT TO REVIVE A JUDGMENT AGAINST AN 
 
 EXECUTOR. 
 
 • Judgment for the Plaintiff, that he have execution against the De- 
 fendant, as executor of E. F., deceased, of a judgment of this Court 
 (or of the Division Court, etc.) whereby the Plaintiff, on 
 
 recovered against the said, E. F. in his life-time the sum of' f 
 to be levied of the goods and chattels of the said deceased, in the 
 hands of the said Defendant to be administered. 
 
 (69.) OF JUDGMENT FOR EXECUTOR TO REVIVE A JUDGMENT. 
 
 Judgment for Plaintiff, that he have execution against the Defend- 
 ant of a judgment of this Court (or of the Division Court, 
 «tc.) whereby tJi€^S9,id C: D., in Ms life-tipie, on recovered against 
 the said Defendantthe siinj of $: 
 
 (70.) OF JUDGMENTS IN REPLEVIN. 
 
 For Plaintiff, (same as general form of judgment for Plaintiff for 
 damages and costs, No. 51) 
 
 For Defendant in Replemn for rent. Adjudged that the Plaintiff do 
 return to the Defendant the goods and chattels (or " cattle," stating 
 the particulars thereof) and pay $ for costs in days, [or, 
 
 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 in 
 
 days, pay the said sum of $ and also the sum of $ for 
 
 costs of euiit.] 
 
74 FORMS. 
 
 Fff)' Defendcmt in Replevin of cattle damages feasant. Adjudged that 
 the Plaintiff do return to the Defendant the cattle, (here specify the 
 cattle), or do pay in days, the sum of $ which is adjudged 
 
 as the damages sustained by the Defendant, and that the Plaintiff do 
 pay within the time aforesaid f for costs. 
 
 For Defendant where Beplevin is not for rent nor for damage feasant. 
 Adjudged that the Plaintiff do return to the Defendant the cattle {or 
 "goods and chattels," {as the case may he) statiny the particulars thereof) 
 forthwith {or in days) and that the Plaintiff do pay the Defend- 
 
 ant in days, $ for costs of suit * and f for damages 
 
 sustained by the Defendant by reason of the issuing of the Writ of 
 Replevin in this cause. 
 
 If no damages are awarded then omit from last Minute all the words 
 from the asterisk. 
 
 (71.) OF ADJUDICATION ON INTERPLEADER. 
 
 Adjudged, that the goods \or the goods, chattels and moneys, or 
 proceeds of the goods, etc. {as the case may he) mentioned in the In- 
 terpleader Summons [if only for a part of the goods, <&c., add the words 
 " hereafter mentioned that is to say {here enumerate them)1 are {or are 
 not) the property of E. F., (the Claimant), or that rent to the amount 
 of I is due to E. F." (the Claimant) ; Ordered that $ 
 
 the costs of this proceeding be paid by {here insert each order as the 
 costs or the subject in dispute, if any, as the Judge shall have made) in 
 days. 
 
 (72.) OF IMPOSITION OF FINE ON A JUROR, FOR NON-ATTENDANCE. 
 
 Adjudged that G. H., was duly summoned to attend this Court 
 now holden, as a Juror ; — that he hath made default therein, — that 
 he pay a fine of $ , for such default, in days {or forth- 
 with). 
 
 (73.) OF ORDER FOR IMPOSITION OF FINE FOR CONTEMPT. 
 
 It is adjudged that E. F., at the sittings of this Court now holden, 
 in open Court is guilty of a contempt of the said Court, by wilfully 
 
 insulting , Judge {or Deputy or Acting Judge) of the said 
 
 Court [or "in view of the Court, by wilfully insulting , Clerk 
 
 (or Bailiff) of the said Court, during his attendance at such Court" {or 
 "by wilfully interrupting the proceedings of the said Court")] : And 
 
 It is ordered, that the said E. P. forthwith pay a fine of | ■, for 
 
 such offence, and, in default of payment,-be comiaitted to the Com- 
 mon Jail of this County, for days, unless such fine, the costs 
 
 herein, and the ex^Dense attending the commitment, be sooner paid. 
 
FORMS. 75' 
 
 (74.) OF IMPOSITION ON FINE ON WITNESS. 
 
 Adjudged that H. H. was duly summoned to appear as a "witness^ 
 in this action, at the sittings of this Court here this day, [and also to 
 produce (as the case may he)\ that payment {or a tender of payment) 
 of his reasonable expenses was made to him, — and that he did not 
 appear \ot having appeared, did wilfully refuse to be sworn, and give 
 evidence in this action (o-r to produce such, &c.)] {Or Adjudged that 
 H. H., being before this Court, now holden and called upon to give 
 evidence in this cause, did wilfully refuse to be sworn and give evi- 
 dence.) And further adjudged that the said H. H. pay a fine of 
 f , for such neglect, {or refusal) in days, {or forthwith) ; 
 
 And that the sum of f , part of the said fine, be paid by the 
 
 Clerk to the Plaintifi" {or Defendant) being the party injured by such 
 neglect or refusal. 
 
 (75) POSTPONED JUDGMENT UNDER SEC. 106. 
 
 In the Division Court in the County of 
 
 Between A : B , Plaintiff. 
 
 AND 
 
 C D , Defendant. 
 
 At the sitting of this Court held on the . day of 
 
 18 , at in the said Division, this case came on to be heard, 
 
 and after the hearing thereof by the Judge in open Court the giving- 
 of Judgment thereupon was postponed by the Judge till the 
 day of 18 , at the hour of at the office of the Clerk of 
 
 this Court; the case having since been maturely considered by the 
 Judge. It is adjudged &c. (according to Judgment.) 
 
 The Clerk will read this decision to the parties or their agents, if 
 present, and forthwith enter Judgment according to the Statute in 
 that behalf. 
 
 Dated &c. 
 
 Judge. 
 
 (76) ORDER FOR NEW TRIAL. 
 
 In the Division Court in the County of 
 
 Between A — B , Plaintiff, 
 
 i Stamp. [> 
 
 AND 
 
 - D , Defendant. 
 
 It is ordered, that the judgment rendered in this cause, and all' 
 
76 FORMS. 
 
 sulisequent proceedings be set aside, and a new trial be had between, 
 "the parties on (set out the terms or conditions, if any, on which the order 
 is made.) 
 
 Judge. 
 Dated ,18 . 
 
 EXECUTIONS. 
 
 (77.) AGAINST GOODS OF DEFENDANT. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 . 
 I Seal, i Between A. B , Plaintiff, 
 
 AND 
 
 C. D , Defendant. 
 
 Whereas on the day of , A.D. 18 , the 
 
 Plaintiff duly recovered in said Court, holden in and for said Divi- 
 son, judgment against the Defendant for f for debt, and 
 
 $ Tor costs of suit, which remains unsatisfied (when tlie 
 
 judgment has been revived, add, " and on the day pf 
 
 A.D. 18 , the said judgment was duly revived,") you are hereby 
 required to levy of the goods and chattels of the Defendant in the 
 said County (not exempt from execution), the said moneys 
 
 amounting together to the sum of $ and your lawful fees ; so. thai 
 you may have the same within thirty days froih the date hereof, and 
 pay the same over to the Clerk of this Court for the Plaintiff. 
 
 Given under tlie seal of the Court this day of , 
 
 A.D. 18 . 
 
 X Y , 
 
 Clerk. 
 To V. W. 
 
 Bailiff of said Court. 
 
 Judgment $ 
 
 Interest 
 
 Subsequent costs 
 
 This execution 
 
 Levy the sum 9f | , and your lawful 
 
 fees upon this precept. 
 
FORMS. 7T 
 
 (78.) AGAINST GOODS OF PLAINTIFF. 
 
 In the Division Court in the County of 
 
 Between A B 
 
 No. , A.D. 18 . 
 
 AND 
 
 I Seal. I 
 
 C D , Defendant. 
 
 Whereas on the day of A.D. 18 , in 
 
 said Court, holden in and for said Division, judgment was given for 
 the Defendant, and for % costs {or judgment of dismissal 
 
 was given, and | for Defendant's trouble, and $ 
 
 for costs), which remains unsatisfied — here follow the last form of 
 execution, to end, transposing the words " Plaintiff" and " Defendant" 
 where they ocenr. 
 
 (79.) ON judgment for BALANCE OF SET OFF. 
 
 In the Division Court in the County of 
 
 ■I Seal. I Between A B , Plaintiff, 
 
 and 
 No. , AD. 18 . 
 
 C D , Defendant. 
 
 Whereas at the sittings of this Court, holden on the * 
 
 day of , A.D. 18 , at , it was adjudged that 
 
 the ahove- named Defendant should recover against the above-named 
 Plaintiff the sum of % , the residue of his set-off exceeding 
 
 the Plaintiff's claim, together with $ his costs of suit, which 
 
 remains unsatisfied, you are hereby required, (conclude as directed in 
 last form,) 
 
 (80.) EXECOTTION UNDER 27 AND 28 VIC. C. 27, WHERE JUDGMENT 
 OBTAINED AGAINST A DEFENDANT RESIDING IN A FOREIGN 
 COUNTY. 
 
 Division Court in the County of A. 
 (Style of Cause.) 
 
 No. , A.D. 18 
 
 Whereas the place of sittings of this Court is nearest to the De- 
 
'.78 FOEMS. 
 
 fendant's residence, and at the sittings of the said Court holden on 
 the day of A.D. 18 , in and for the said Divi- 
 
 sion, by judgment of the said Court the Plaintiff recovered against 
 the Defendant under the provisions of the Act 27 and 28 Vic. Cap. 
 27 $ for debt, with f for costs which said debt and 
 
 costs which remains unsatisfied, you are hereby required to levy of 
 the goods and chattels of the Defendant (not exempt from execution 
 in the said County of A or in the County of B (where 
 
 the Defendant resides) the said moneys, &c. (conclude as in form 11.) 
 
 (81.) ON TRAJSrSCRIPT OF JUDGMENT FROM ONE COURT TO 
 ANOTHER. 
 
 In the Division Court in the County of 
 
 Between A B , Plaintiff, 
 
 No. , A.D. 18 AND 
 
 C D -, Defendant. 
 
 Whereas on the day of , A.D. 18 , the 
 
 Plaintiff duly recovered in the Division Court in the 
 
 County of , holden in and for the said Division, judg- 
 
 ment against the Defendant for $ for debt, and $ 
 
 for costs of suit ("If the judgment was revived, use tlie following word^, 
 "and on the day of , A.D. 18 , the said judg- 
 
 ment was duly revived") as appears by a transcript of the entry of 
 such judgment attested by the seal of the Court, certified and signed 
 by the Clerk thereof, and sent and addressed to the 
 
 Clerk of this Division Court, pursuant to the provisions of " The** 
 Division Courts Act :" and whereas it appears, by certificate at the 
 foot of the said transcript, attached, certified, signed, sent, and ad- 
 dressed as aforesaid, that the amount unpaid on the said judgment 
 is f , which said transcript and certificate is duly entered in 
 
 ■the book of this Court, therefore you are hereby required, etc. (cmi- 
 cliule as in form 11 ). 
 
 •(82.) FOR AN EXECUTOR ON JUDGMENT REVIVED IN HIS FAVOUR. 
 
 In the Division Court in the County of 
 
 I Seal. I Between A B , Executor of C. D., 
 
 deceased, Plaintiff, 
 No. , A.D. 18 . AND 
 
 E— ; F , Defendant. 
 
 You are hereby required to levy of the goods and chattels of the 
 
FOBMS. 79 
 
 Defendant (not exempt from execution) in the said County of 
 the sum of I , which C. D. in his lifetime in this Court (or 
 
 in the Division Court, etc.,) on , recovered against 
 
 the Defendant for his debt (or damages) and costs, and whereof it 
 was on etc. in this Court (or the Division Court, 
 
 etc.,) adjudged ^that the Plaintiff, as Executor of the said C. D., 
 should have execution, together with your lawful fees ; so that you 
 may have the same within thirty days after the date hereof, and pay 
 the same over to the Clerk of this Court for the Plaintiff. 
 
 Given under the seal of the Court this day of , 
 
 A.D. 18 
 
 X— Y- 
 
 Clerk. 
 To V. W., Bailiff of the said Court. 
 
 Due on Judgment $ 
 
 Interest 
 
 Subsequent costs 
 
 This execution 
 
 Levy the sum of $ , besides your 
 
 lawful fees on this precept. 
 
 (83.) OF JUDGMENT REVIVED AGAINST EXECUTOR OR 
 ADMINISTRATOR. 
 
 In the Division Court, in the County of 
 
 I Seal. I Between A B , Plaintiff, 
 
 AND 
 
 C D , Executor of E. F., 
 
 deceased, Defendant. 
 
 You are hereby commanded (ar as before or as often before) to make 
 and levy by distress and sale of the goods and chattels of E. F., de- 
 ceased, in the hands of the said Defendant, as Executor (or 
 Administrator) to be administered, the sum of , which the 
 
 Plaintiff in this Court (or in the Division Court, &c.,) 
 
 on , recovered against the said deceased in his life-time for 
 
 the Plaintiff's debt (or damages) and costs, and whereof it was 
 on adjudged in this Court (or in the Division Court, 
 
 etc.,) that the said Plaintiff should have execution against the said 
 Defendant as Executor (or Administrator) of the said deceased, to 
 
80 FOEMS. 
 
 be levied of the goods and chattels of the said deceased, in the said 
 Defendant's hands to be administered, together with the costs of 
 execution herein, and your lawful fees ; so that you have the same 
 within thirty days after the date hereof, and pay the same over to 
 the Clerk of this Court for the Plaintiff. 
 
 Given under the seal of the Court this day of , 
 
 18 
 
 X Y- 
 
 Clerk. 
 To V. W., Bailiff of the said Court. 
 
 Judgment $ 
 
 Interest 
 
 Subsequent costs 
 
 Thi s execution 
 
 Levy the sum of $ , besides your 
 
 own lawful fees upon this precept. 
 
 ]^_;g_ — Executims upon the judgments in other cases against Executors 
 may be drawn from this Form, with the requisite alterations. 
 
 (84.) AGAINST GOODS OF TESTATOR. 
 
 In the Division Court in the County of 
 
 No. ") Between A. B , Plaintiff, 
 
 AND 
 
 C D ; Executor or Administrator 
 
 E. F., deceased, Defendant. 
 
 Whereas on the day of A.D. 18 , the 
 
 Plaintiff duly received, in the said Court holden in and for said 
 Division, judgment against the said Defendant as Executor (or 
 Administrator) of E. F. deceased, the sum of $ , for a certain 
 
 debt, with $ , for costs, to be levied of the goods and chattels of 
 the deceased ; failing such goods, the costs to be levied of the 
 Defendant's proper goods and chattels, which said debt and costs 
 were ordered to be paid at a day now past, and remain unsatisfied : 
 These are therefore to command you, forthwith to make and levy, by 
 distress and sale of the goods and chattels, which were the property 
 of the said E. F. in his lifetime, in the hands of the Defendant to 
 be administered in the said County of , the said debt 
 
FORMS. 81 
 
 and costs, amounting together to the sum of $ , together with 
 
 the costs of this execution ; if the Defendant have so much thereof 
 in his hands to be administered ; and if he hath not so much thereof 
 in his hands to be administered, then that you levy of the proper 
 goods and chattels, of the Defendant, in the said county of 
 not exempt from execution, the said moneys and your lawful fees, so 
 that you may have the same within thirty days after the date hereof, 
 and pay the same over to the Clerk of this Court for the Plaintiff. 
 
 X- 
 
 Clerk. 
 To V. W., Bailiff of the said Court. 
 
 Judgment $ 
 
 Interest 
 
 Subsequent costs 
 
 This Execution 
 
 Levy the sum of | , besides your lawful fees 
 
 upon this precept. 
 
 (85) IN REPLEVIN AGAINST PLAINTIFF W^HEN RETURN OF GOODS 
 ADJUDGED WITH DAMAGES AND COSTS. 
 
 In the Division Court in the Count of 
 
 Between Plaintiff, 
 
 AND 
 
 Defendant. 
 No. , A.D. 18 . 
 
 I Seal. I 
 
 Upon hearing, this action of Eeplevin at a Court holden at 
 in and for the said Division, on the day of A.D. 18 , 
 
 it was adjudged that the Plaintiff do return to the Defendant the 
 cattle, (or the goods or chattels, as the case may he, stating particulars 
 thereaf,) in days , (as the case may be), *and also that the 
 
 Plaintiff should pay to the Defendant the sum of $ for damages;* 
 {omit the words between the asterisks when there are no damages 
 awarded, but the jvdgment is merely for a return and for costs) ; and 
 also the sum of $ for costs of suit ; and the Plaintiff has 
 
 not returned to the said Defendant the cattle, (or the said goods and 
 6 
 
82 FORMS, 
 
 chattels,) (or. paid the said damages, aud costs), these are, therefore,, to 
 require and order that without delay you cause the cattle {or goods 
 and chattels), aforesaid to be retuined to the Defendant, and that 
 yoTi levy of the goods and chattels of the Plaintiff, in the said County 
 of (tibt exeinpt from execution), the said moneys, amount- 
 
 ing together to the sum of $ , and your lawful fees, so that you 
 
 may have the same within thirty days after the date hereof, and pay 
 the same over to the Clerk of this Court for the Plaintiff. 
 
 Given under the Seal of the Court this day of A.D. 18 . 
 
 To V. W., Bailiff of the said Court. 
 
 Judgment $ X Y , 
 
 Interest ....; 
 
 Subsequent costs... Clerk. 
 
 This execution 
 
 Levy the sum of...,. $ , besides your lawful fees on this 
 
 precept. 
 
 (86) AGAINST GARNISHEE ON JUDGMENT ALREADY RECOVERED. 
 
 In the Division Court in the County of 
 
 ■, Plaintiff, 
 
 and 
 Defindant, 
 
 and 
 
 , Garnishee. 
 
 Judgment recovered on the 
 day of , A.D. 
 
 18 , in the Division 
 
 Court in the County of 
 Amount unsatisfied, f 
 
 Adjudged against the Garnishee on the day of 
 
 A.D. 18 $ 
 
 To V. W., Bailiff of the said Court. 
 
 You are hereby required to. levy of the goods and chattels of the 
 Garnishee (not exempt .from execution), $ money owing from 
 
 him to the Defendant, sind which has been attached to satisfy the 
 juflgment in this case ; and what you shall have done herein return 
 with this writ within thirty days after the date hereof 
 
 Dated the day of A.D. 18 . 
 
 X Y , 
 
 Clerk. 
 
FORMS. 83 
 
 (87) AGAINST GARNISHEE ON JUDGMENT RECOVERED AGAINST 
 HIM AND PRIMARY DEBTOR. 
 
 In the . Division Court in the County, of , 
 
 Between A B iPrimaiy Creditor, 
 
 ■ and ' 
 
 C D • Primary Debtor, 
 
 and 
 E F Grarnidiee. 
 
 Amount adjudged due from the Primary Debtor to the -Primary 
 Greditor-the day of A.D. 18 ffor-debt, $ 
 
 {'•^ — . ^ for. costs, $ 
 Seal. \ 
 
 —^- ' : Total sum, $ 
 
 Amount adjudged to the Primary Creditor for money owing 
 ' from the Garnishee the day of 
 
 AJ). 18 s$ ' 
 
 To Ti. "W., Bailiff of the said Court, 
 
 You are hereby required to levy of the goods and chattels of the 
 Garnishee, (hot eieliipt from execution), $ money owing from 
 
 him to the Primary Debtor, ahd which has been adjudged to the 
 Primary Creditor to satisfy his said claim against the Primary Debtor, 
 and what you shall have doiie- herein return with this writ within 
 thirty days after the date hereof 
 
 Date'd'the day of 18 . 
 
 X : Y , 
 
 Clerk. 
 
 (88) AGAINST PRIMARY DEBTOR AND GARNISHEE; 
 
 In the Division Court in the County of 
 
 Between A B Primary Creditor, 
 
 and 
 C D Primary Debtor, 
 
 and 
 
 E-^— F Garnishee. 
 
 mo..\- , AD. 18 . 
 
 { Seal. I 
 
84 FORMS. 
 
 Amount adjudged due from the Primary Debtor 
 
 to the Primary Creditor, the day 
 
 of ,A.D. 18 ,fordebts $ 
 
 For costs $ 
 
 Total debt and costs $ 
 
 Amount adjudged to the Primary Creditor for 
 
 money owing from the Garnishee, the 
 
 day of ,A.D. 18 ,......$ 
 
 To V W , Bailiff of the said Court, 
 
 You are hereby required to levy of the Goods and Chattels of 
 
 the Primary Debtor, in the said County of K (not exempt 
 
 from execution), $ above adjudged to be due to the Primary 
 
 Creditor from the Primary Debtor, together with the costs of thK 
 precept, and your lawfiil fees in executing the same. And if so 
 much Goods and Chattels of the Primary Debtor be not foimd in the 
 said County as will satisfy the said judgment, then that you levy of 
 the Goods and Chattels of the Garnishee in the said County (not ex- 
 empt from execution) $ (or so much thereof as may be 
 necessarj' to satisfy the said judgment) money owing from the Gar- 
 nishee to the Primary Debtor, and which has been adjudged to the 
 Primary Creditor j and what you shall have done herein, return with 
 this writ within thirty days after the date hereof. 
 
 Dated the day of , A. D. 18 . 
 
 X 1 
 
 Clerk. 
 
 (89) FOR garnishee's COSTS. 
 
 ITo. , A.D. 18 . 
 
 In the Division Court in the County of 
 
 Between A B , Primary Creditor. 
 
 AND 
 
 C D , Primary Debtor. 
 
 AND 
 
 E F , Garnishee. 
 
 To V W — ^ , Bailiff of the said Court, 
 
 Whereas at the sittings of this Court holden on the day of 
 
FORMS. 85 
 
 18 , at It was adjudged that the Garnishee was 
 
 not indebted to the Primary Debtor, as claimed by the Primary 
 Creditor, and judgment was given for the Garnishee against the 
 Primary Creditor, for $ for his costs to be paid at a day now 
 
 past, and the Primary Creditor has not paid the same. 
 
 You are hereby required to levy of the goods and chattels of the 
 above named Primary Creditor in the said County of (not exempt 
 from execution,) $ for his said costs, together with the costs of tins 
 precept and your lawful fees in executing the same, and what you shall 
 have done herein return with this writ within thirty days after the 
 date hereof. 
 
 Dated this day of 18 . 
 
 Clerk. 
 
 (90.) EXECUTION UNDER 293RD AND 296TH SECTIONS OF THE 
 COM. LAW PRO. ACT. 
 
 In the Division Court in the County of 
 
 {'-'— N » In the matter of the suit in the Court of (Queen's 
 
 Seal } Bench, or Common Pleas, or County Court of the County 
 -v-^ of) 
 
 Between A B , Plaintiff. 
 
 AND 
 C D , Defendant. 
 
 AND 
 
 E F 
 
 V. W., BaiM of the said Division Court. 
 
 You are hereby required to levy of the goods and chattels of the 
 above named Garnishee, in the said County of (not 
 
 exempt from execution) $ money, owing from him to 
 
 the Defendant, which has been attached to satisfy the judgment of 
 the said Court in the said cause, and which, by the order of the 
 Judge of the County Court of the said County of , 
 
 dated the day of , A.D. 18 , the said 
 
 Garnishee was ordered to pay to the Plaintiff. And what you shall 
 
86 FOKMS. 
 
 haTC done herein, return with this writ within thirty days after the 
 daite hereof. 
 
 Dated the day , A.D. 18 , 
 
 X Y- , 
 
 Clerk. 
 
 (91.) EXECUTION AGAINST THE GOODS OF CLAIMANT ON INTER- 
 PLEADER. 
 
 In the Division Court in the County of 
 No. Between A B 
 
 A.D. 18 AND 
 
 C D 
 
 I Seal. I 
 
 E. F., Claimant. 
 
 Whereas on the day of A.D. 18 , the 
 
 Blaintiff duly received in said Court, holden in and for said Divisipn, 
 judgment against the Defendant for $ debt, and- $ 
 
 for cost of suits which remained unsatisfied, (when the judgment has heeti 
 revived add the followinq words, " and on the day of 
 
 A.D. 186 , the said judgment was duly revived") and the said 
 moneys not being paid, an execution issued against the goods and chat- 
 tels of theDefendant,nnderwhich certain goods and chattelswere seized, 
 [// the Interpleader was in respect to ffoods attached, omit all the precediag 
 after the word " Claimant " and say in lieu thereof as follows — "Whereas 
 a writ of attachment was sued out of this Court, or issued by a 
 Justice of the Peace) under which certain goods and chattels, etc. 
 were seized and attached "] to which the above named Claimant made 
 claim, and which claim came off to be heard and decided, upon Inter- 
 pleader summons,- at' a^sitting of this Gotirt held on at 
 and at such last mentioned Court it was adjudged, touching the said 
 claim, that the goods [{or the goods, chattels and moneys^: or proceeds 
 of the goods, etc. (as the case may he)] mentioned in the Interpleader 
 summons [If only for a part of the goods etc., add the words— " hereafter 
 mentioned, that is to say (here emrilerate them)] were not the property 
 of E. T. (the Claimant) ; and it was ordered that the sum of $ 
 the costs of that proceeding should be paid by the said' Claimant to 
 the Clerk in days, for the use of the said Plaintiffi; mi 
 whereas the said sum of f has not been paidj pursuant to the 
 said order, you are hereby requested to levy of the goods and chattels 
 of the Defendant, in the said County of (not exempt from 
 
FOEMa 87 
 
 execution) the said sum of $ and your lawful fees, so that you may 
 have the same within thirty days after the date hereof, and pay the 
 same over to the Clerk of this Court for the Plaintiff. 
 
 Given under the seal of this Court this dav of 
 
 A. D. 18 . ^ » 
 
 X Y , 
 
 Clerk. 
 To V. W., 
 
 Bailiff of said Court. 
 
 Judgment $ 
 
 Interest 
 
 Subsequent 
 
 This execution 
 
 I'^'^ $ , besides your own law? 
 
 ful fees upon this precept. 
 
 (92.) EXECUTION UNDER THE ACT RESPECTING LINE FENCES AND 
 WATERCOURSES. 
 
 In the Division Court in the County of 
 
 Between A B- — ;-^, Plaintiff. 
 
 ■I Seal. !• AND 
 
 No. C D , Befendani 
 
 A,D. 18 
 
 Whereas under the provisions of an Aet of the Legislature of the 
 late Province of Canada, 22 Vic, Chap. 57, entitled "An Act 
 respecting Line Fences and Watercourses," A. B-, of the township 
 of C. D., of the same place and E. F. of the same place, 
 
 three fence-viewers duly appointed for the said township 
 of in the County of having been summoned by 6. H., a 
 
 Justice of the Peace in and for the County of and residing 
 
 within the said township, to ascertain the amount payable|_by tlie 
 above named Defendant, to the above named Plaintiff, " for making 
 his share of a certain fence," "water-course," or "ditch," {as' the case 
 Toay be,) in the said township of did on this day of 
 
 A. D. 18 make their determination between the said Plaintiff, and 
 Defendant, of and concerning tl^e same, .and of and concerning the 
 amount, the said Defendant should pay the Plaintiff as follows {here 
 state the award of the fence-viewers,) ~a,Ji^ duly reported the same in 
 
88 FORMS. 
 
 writing under their hands, to the said G. H., on the day and year 
 aforesaid and the said G. H. did, on 
 
 the day of in the year aforesaid, transmit the said deter- 
 
 mination to the Clerk of this Court, being the Division Court having 
 jurisdiction over that part of the said township of in which 
 
 the said fence is situated, and did certify therewith that the costs 
 of him the said G. H., with the fence viewers, bailifF's and wit- 
 nesses' fees, amounted to the sum of $ which the Defendant 
 by the said determination was ordered to pay. 
 
 And whereas the Defendant did not pay to the Plaintiff, within 
 forty days from the date of the said determination the said sum of 
 $ and costs, and the same remain wholly unsatisfied, now 
 
 therefore, at the request of the Plaintiff, and in pursuance of the 
 said Act, you are hereby required to levy' of the goods and chattels 
 of the Defendant, in the said county (not exempt from execution), 
 the said moneys amountiiig together to the sum of $ and 
 
 ;^our lawful fees ; so that you may have the same moneys thirty days 
 after the date hereof and to pay over the same to the Clerk of this 
 court, for the Plaintiff. 
 
 Given under the Seal of the Court this day of 
 
 A.D. 18 
 
 X Y- 
 
 Clerk. 
 To V. W., Bailiff of the said Court, 
 
 Judgment $ 
 
 Interest 
 
 Subsequent costs 
 
 This Execution 
 
 Levy this sum of $ ...^ , besides your lawful fees 
 
 upon this precept. 
 
 (93.) ■WAREANT or COMMITMENT IN DEFAULT OF APPEARANCE. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 
 
 Between A B 
 
 I Seal, i 
 
 AND] 
 
 C-^ D , Defendant. 
 
 To V. W., Bailiff of the said Court, and to all Constables and 
 
FORMS. 89' 
 
 Peace Officers of the County of and to the Jailer of the' 
 
 Common Jail Of the sai(J County of 
 
 Whereas at the sittings of this Court, {or of the Division. 
 
 Court for etc.,) holden at , on the day of 
 
 18 , the Plaintiff, by the judgment of the said Court, in a- 
 
 certain suit wherein the Court had jurisdiction, recovered against the 
 Defendant, the sum of $ , for his deht {or damages) and' 
 
 costs of suit, which were ordered to be paid at a day now past : — 
 And whereas the Defendant, not having made such payment upon\ 
 appUcation of the Plaintiff, a summons was duly issued from and out 
 of this Court, against the Defendant, by which summons the Defend- 
 ant was required to appear at the sittings of this Court, holden 
 at on etc., to answer such questions as might be put to- 
 
 him, touching {set out as in the summons):* And whereas it was 
 duly proyed, on oath, at the said last mentioned sittings of this: 
 Court, that the Defendant was personally served with the said' 
 summons : — And whereas the Defendant did not attend, as required 
 by such summons, nor allege any sufficient cause for not so attend- 
 ing : — ^And whereas it appeared to the satisfaction of the Judge that 
 such non-attendance was wiKul, {or, "whereas the Defendant has 
 failed to attend after being twice so summoned.") 
 
 And thereupon it was ordered by the Judge of this Court that 
 the Defendant should be committed, for the term of days, 
 
 to the Common JaU of the said County, according to the form of the 
 statute in that behalf, or until he should be discharged by due course- 
 of law : — These are therefore to require you, the said Bailiff, and 
 others, to take the Defendant, and to deliver him to the Jailer of the 
 Common Jail of the said County : And you the said Jailer are 
 hereby required to receive the Defendant, and him safely to keep in 
 the said Common Jail for the term of days from the arrest 
 
 under this warrant, or untill he shall be sooner discharged by due 
 course of law, according to the pro-visions of the Act of Parliament, 
 in that behalf; For which this shall be your sufficient warrant. 
 Given under the Seal of the Court this day of 
 
 A.D. 18 
 
 X Y— , 
 
 Clerk. 
 Debt and costs up to the time of the 
 delivering of this warrant for execu- 
 tion $ 
 
 (94.) -HTABRANT OF COMMITMENT AFTER EXAMINATION. 
 
 In the Di-wsion Court in the County of 
 
 (as in last Form, dmvn to the asterislc,* conclude as follows). ■ 
 
 And whereas the Defendant having duly appeared at the said; 
 
90 FORMS. 
 
 Coiurt, pursuant to the said summons, was examined touching the 
 said matters : And whereas it appeared, on such examination, that 
 [here insert the particular grornid of commitment in the language used in 
 the Statute, e. g.) " C. D., the Defendant incurred the deht (or liahil- 
 ity), the subject of this action under false pretences" (or "by means 
 of fraud or breach of trust")], And thereupon it was ordered by 
 the said Judge that the Defendant should be committed for the term 
 of days to the Common Jail of the said County, according 
 
 to the form of the Statute in that behalf, or until he should be dis- 
 charged by due course of law : These are therefore to require you 
 the said BaUiif and others, to take the said Defendant, and to- deliver, 
 him to the Jailer of the Common Jail of the said County ; and you 
 the said Jailer are hereby required to receive the Defendant, and hi-fn 
 safely keep in the said Common Jail, for the term of days 
 
 from the arrest under this warrant, or until he shall be sooner dis- 
 charged by due course of law, according to the provisions of the Act 
 of Parliament in that behalf ; for which this shaU be your sufficient 
 •warrant. 
 
 Given under the seal of the Court, this day of 
 
 48 
 
 X Y- 
 
 Clerk. 
 
 Debts and costs up to the time of the delivery of this warrant of 
 -execution $ 
 
 (95. ( "WARRANT TO LEVY FINE UPON WITNESS. 
 
 In the Division Court in the County of 
 
 Between A — B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 Whereas at the sittings of this Court, liolden on at , 
 
 it was adjudged that H, H., was duly summoned to appear as a wit-^ 
 uess in this action, at a sittings of this Conrt [and also to produce 
 (as the case may ■be)'] ; that payment (or a tender of payment) of his 
 reasonable expenses was made to him, and that he did not appear \or 
 having appeared did wilfully refuse to be sworn and give evidence in 
 this action (or to produce such &c.)] : (tvhere a witness vn Court rt- 
 fuses to give evidence instead of foregoing, commence " Whereas H. H. 
 being before the Court at a sittings thereof, and called upon to give 
 evidence, in. the above cause, did wilfully refuse to be sworn and, 
 give evidence") ; And thereupon it was adjudged, that the saidH.H. 
 
FORMS. 91 
 
 should pay a fine of $ , for such neglec^,, {or refusal) in 
 
 days: {or forthwith) : And whereas the said H. H. hath not made 
 suchi payment: These are therefore, (as before or as often before) to 
 coHUnand you, forthwith to make and levy by distress and sale of 
 ther^QodS) and chattels of the said H. H., (nob exempt from, ex- 
 ecution) the said fine and costs amounting together to the sum 
 of $ , , and your lawful fees ; so that you may have the same 
 
 within thirty days after the date hereof, and pay the same over to the 
 Clerk of the Court. 
 
 Given under the Seal of the Court this dav of 
 
 18 . ^ 
 
 By order of , the Judge, 
 
 X Y , 
 
 Clerk. 
 To V. W., BaUiif of the said Court. 
 
 Fine $ 
 
 Costs 
 
 Execution 
 
 Levy the sum of;.'. $ , and your own lawful 
 
 (96) WAERAKT OF COMMITMENT FOR CONTEMPT IN OPEN COURT. 
 
 In the Division Court in the County of 
 
 To V. W., Bailiff of the said Court, and to all Constables and Peace 
 Officers of the County of , and to the Jailer of the Common 
 
 Jail-ofthe said'County of- ' !, 
 
 Whereas at thfe sittings of this Court holden on at 
 
 it was adjudged, that E. F. did then arid there in open Court, wil- 
 fully insult me , Judge {or Deputy or acting Judge) of the 
 said Court [w did, in view of the Court, wilfully insult , Cfek, 
 {or BaUifi) of the said Court, during his attendance at such Court, 
 (or did unlawfully interrupt the proceedings of the said Court)] ; 
 And it was ordered, that the said E. F. should forthwith pay a fine 
 of $ , for such offence, and in default of payment, be com- 
 mitted to the Common Jail of the County of for 
 days ; And whereas the said E. F. did not pay the said fine, in obe- 
 dience to the said order : These are therefore to require you, the said 
 Bailiff and others, to take the said E. F., if he shall be found within 
 the said County of , and deUver him to the said Jailer of the 
 Common Jail of the said County of ; And you the said Jailer 
 
92 FORMS. 
 
 are hereby required to receive the said E. F., and him safely keep ii* 
 the Common Jail aforesaid, for the term of days from the ar- 
 
 rest under this warrant, unless the said fine and costs, the costs 
 amounting to $ , and also the expenses attending the comndt- 
 
 ment : amounting together to the sum of $ , he sooner paid. 
 
 Given under my hand and Seal this of , 18 . 
 
 [L.S.] 
 
 -, Judge. 
 
 Sealed with the seal of the Court, [L.S.] 
 
 X- 
 
 > 
 Clerk. 
 
 97.) CERTIFICATE FOR DISCHARGE OF A PARTY FROM CUSTODY. 
 
 In the Division Court in the County of 
 
 No. , A.D. 18 . 
 
 Between A B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 I, X Y , certify that the Defendant, now in your custody 
 
 under Warrant of Commitment in this cause, has, since the issuing 
 of the said Warrant, satisfied the moneys for the non-payment where- 
 of he was so committed, together with aU costs and charges in re-^ 
 spect thereof; and the said Defendant may, in respect of such War- 
 rant, be forthwith discharged from and out of your custody. 
 
 Given under the seal of the Court this day of 
 
 18 
 
 X Y- 
 
 Clerk. 
 
 To the Jailer of the the Common JaU of the County of 
 
 County of ) 
 
 (here insert the cmmty). / 
 
FORMS. 93 
 
 TEANSCRIPTS. 
 
 (98) TBANSCRIPT TO ANOTHER DIVISION COURT OF JUDGMENT 
 UNDER THE ACT OF 1869. 
 
 In the Division Court in the County of 
 Between A B 
 
 AND 
 
 D , Defendant. 
 
 /— '^^ On the day of 18 ,&" Special Summons" 
 
 j Seal, j- requiring the Defendant to answer the Plaintiff's claim 
 ' ^-v— •' for a deht or money demand, amounting to $ , was 
 
 issued out of this Court in this cause, with the particulars of the 
 Plaintiff's claim thereto attached ; on the day of 18 
 
 the Defendant was duly served with a copy of the said summons, 
 and particulars of claim, and the Defendant did not leave with the 
 Gerk a notice, as required by the statute in that behalf, that he dis- 
 puted the Plaintiff's claim, or any part thereof, {or as the case may he,) 
 the said summons, and particulars, with an affidavit of the 
 due service of each, having been filed, final judgment was entered on 
 the day of A.D. 18 .by the Clerk, as follows : {here 
 
 copy minute of judgment, and if judgment revived state the fact as in Form 
 100.) An execution issued against the goods of the Defendant on 
 the day of 18 , and was returned on the day 
 
 of 18 , nullahona, {or as the case may be.) 
 
 Pursuant to the provisions of the Division Courts Acts, I, X 
 
 Y , Clerk of the said Court, do certify that the above transcript 
 
 is correct, and duly taken from the Procedure Book of the said Court, 
 and that judgment in the above cause was recovered at the date 
 above stated, viz., the day of 18 ; and further, that 
 
 the amount unpaid on said judgment is $ , as stated below. 
 
 Given under the seal of the said Court the day of 
 
 A.D. 18 . 
 
 Amount of judgment $ 
 
 Debt 
 
 Costs 
 
 Total $ 
 
&4 FORMS. 
 
 Additional costs 
 
 Do interest X Y , 
 
 Clerk. 
 
 Total $ 
 
 Paid 
 
 Amount due.... 
 ToE S- 
 
 Clerh of Division Court, County of 
 
 (99) TRANSCRIPT TO COUNTY COURT OF JUDGMENT UNDER THE 
 
 ACT OF 1869. 
 
 In the Division Court in the County of 
 Between A B— ^ , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 The following proceedings were had : — 
 
 , .— /--v , On the day of 18 , a "Special Sumtmm" 
 
 < Seal, i requiring the Defendant to answer the Plaintiff's claun 
 
 ^ ^— ^— •' for a debt or money dem'and, amounting to $ , was 
 
 issued out of this Court in this cause, according to the statute in that 
 behalf, with the particulars of the Plaintiff's claim thereto attached ; 
 on the day of ' 18 , the Defendant was personally 
 
 served with a copy of the said summons, and particulars of' claim, 
 and the Defendant did not leave with the Clerk a notice^ as ■ required 
 by the statute in that behalf, that he disputed the Plaintiff's claim 
 or any part thereof, (or as the case may he), the said summons, and 
 particulars, with an affidavit of the due service of each, having been 
 filed, final judgment was entered on the day of 18 , 
 
 by the Clerk, as follows : (here copy minute of judgment, and if .judg- 
 ment revived state tJie fact as in Form 100.) On the day of 
 18 , a writ of execution on the said judgment was duly issued 
 {conclude as in last Form, omitting the address, to. the Clerk.) 
 
 {N.B. — The above Form may be adapted, tviih the necessary alteration, 
 for a Transcript to the County Court of a Judgment upon Minary 
 Summons.) 
 
FOEMS. 
 
 95 
 
 (100. j TRANSCRIPT OF JUDGMENT ON ORDINARY SUMMONS FROM ONE 
 DIVISION COURT TO ANOTHER. 
 
 In the 
 
 Division, Court in the 
 
 County of 
 
 Transcript of the entry of a judgment recovered on the 
 day of , A.D. 18 , in said Court, holden in and for 
 
 said Division in a suit numhered , A.D. 18 
 
 Between A — 
 
 B 
 
 and 
 
 — , Plaintiff, 
 
 C 
 
 D 
 
 — , Defmdant. 
 
 Amount of judgment. 
 Debt, $ 
 Costs, $ 
 
 Additional 
 costs, 
 
 Total, $ 
 Amount 
 paid,! % 
 
 18 
 
 18 
 Total paid, $ 
 
 Amt. due. 
 
 the day of 
 
 the amount unpaid on said judgment is $ 
 
 the, margin hereof. 
 
 Judgment for Plaintiif for $ 
 debt, and $ costs of suit ; execution 
 
 issued on the day of , 
 
 A.D. 18 , and returned on the 
 day of ,A.D. 18 {here state the 
 
 return). {If the judgment was revived, add 
 the following words, " and on the 
 day of , A.D. 18 , the said 
 
 judgment was duly revived.") Pursuant to 
 the provisions of " The Division Courts 
 
 I, X— Y- — , Clerk of the said Divi- 
 sion Court, do certify that the above trans- 
 cript is correct,' and duly taken from the 
 Procedure Book of the said Court, and that 
 judgment in the abote cause was recovered 
 at the date above stated, viz., 
 
 A.D. 18 , and further, that 
 , as stated in 
 
 Given under the seal of the said Court this 
 , A.D. 18 
 
 day of 
 
 To 
 
 Clerk. 
 
 Clerk of the 
 Division Court in the County of 
 
^6 FORMS. 
 
 NOTICES. 
 
 (101.) OF TRIAL BY JURY AND NEW TRIAL. 
 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 C D — , Defendant. 
 
 Take notice that this cause will be tried by a jury, the Plaintiff (or 
 Defendant) having demanded a jury therein, or take notice that die 
 -Judge has ordered a new trial upon payment of costs {or with costs 
 to abide the event, m- as the case may be) and has ordered the next 
 •trial to be had before a Jury {or as the case may be.) 
 
 Dated this day of A.D. 18 
 
 Yours, &c., 
 
 X Y , 
 
 Clerk. 
 To 
 
 The above named Plaintiff {or "Defendant.") 
 
 (102.) FOR clerk's notices to the plaintiff. 
 
 In the Division Court in the County of 
 
 Between Plaintiff, 
 
 and 
 
 Defendant. 
 No. , A.D,, 18 . 
 
 1st. Take notice that the Defendant * has given a confession for the 
 :full amount of your claim. 
 
 Or 2nd. *Disputes your claim, or does not dispute your claim. 
 
 Or 3rd. 'Disputes the following items of your claim, viz., {here 
 -specijy the items set forth in the Defendant's notice to the Clerk), and ad- 
 mits the residue, and you are required forthwith to say in writing if 
 you are willing to take judgment for the part admitted. 
 
FOEMS. 97 
 
 Or 4tli. *'Will on the trial claim a set-off against your demand, and 
 the particulars thereof are hereunto annexed. 
 
 Or 5th. *Will on the trial insist that your claim is harred by the 
 Statute of Limitations (or other statutory defence not herein specified.) 
 
 Or 6th. *Will on the trial insist that he is discharged from payment 
 of your claim by the provisions of the Insolvent Act. 
 
 Or 7th. *'Will admit on the trial the 1st, 9th, 11th (or other) items 
 ,j »^ of your particulars of account to be correct. 
 
 Or 8th. *Will admit on the trial the signing [or endorsement] of 
 the promissoiy note [or bill of exchange] sued upon, (or as the case may 
 be), and denies the residue of your claim. 
 
 Or 9th. *Has paid into Court the sum of | , together with 
 
 $ for costs of suit incurred up to the day of such payment in full 
 satisfaction of your claim, wliich wiU be paid to you upon demand at 
 my office ; and all proceedings in the action will be stayed, unless 
 within three days after you receive this notice you signify to me your 
 intention to proceed for the remainder of your demand ; and in case 
 you either accept or refuse the same in full, you must give a written 
 notice to that effect to me within the said three days, otherwise you 
 wiU be liable to pay to the Defendant such subsequent costs as he may 
 incur in this action. 
 
 Or 10th. *Has pleaded that he duly tendered to and offered to pay 
 you before this action was brought the sum of f in fuU satisfac- 
 
 tion of your claim, and has filed a plea of such tender in my office, and 
 paid that sum into Court, pursuant to the 87tlt section of the Division 
 Courts Act, and that sum will be paid to you, less one dollar, in case 
 you do mt wish to further prosecute your suit, and all proceedings in 
 the action will be stayed, unless you signify to me within three days 
 from the time you receive this notice, your intention to proceed for 
 your demand, notwithstanding such plea. 
 
 Or 11th. *Will on the trial insist that you are not a duly certificated 
 Attorney or Solicitor. 
 
 Or 12th. *WiIl insist upon the defence at the trial that the note {or 
 bUl) you have sued upon, and which forms (part of) the particulars of 
 your claim, was not duly stamped {or that the stamp was not duly 
 cancelled) according to law. 
 
 Or 13th. *Will insist as a defence upon the trial that you have not 
 given the proper notice of' action before suit to which the Defendant 
 
 7 
 
98 FOEMS. 
 
 is entitled as a Justice of the Peace (or Peace Officer) under Con, 
 Stat, of U. C, Cap. 126, or as a Bailiff of tte Division Court, under 
 the 193rd Section of the Division Courts Act. 
 
 Or 14th, *Defends this action under the protecting clauses of the 
 Division Courts Act, viz., Sections 192, 193, 195, 196, 197, and 198. 
 
 Dated the day of A.D. 18 
 
 X Y , 
 
 Clerk 
 To 
 
 Tiie above-named Plaintiff. 
 
 (103.) DEi'ENDANT'S NOTICES TO THE PLAINTIFF OR CLERK. 
 
 in the Division Court in the County of 
 
 No. A.D. 18 
 
 Between A B , Plaintiff. 
 
 AND 
 
 C D , Defendant. 
 
 Take ncftice that I mil admit, on the trial, the first, second, and 
 third items of the PMntiff's particulars to he correct [or the signing 
 and endorsement of the promissory note sued upon {or obs the case 
 mWy &«,)] or 
 
 Take notice that I dispute the claim of the Plaintiff in full (or 
 here specify all or any of the grounds of defence set forth in the form for 
 . Clerks notices.) 
 
 Dated the day of , AD. 18 
 
 Yours, etc,, 
 
 C^ D , 
 
 Defendant. 
 To the Plaintiff {or to the Clerk of said Court). 
 
A 
 
 FORMS. 99 
 
 (104). CONFESSION OF DEBT AFTER SUIT COKMENCED. 
 In the Dmsion Court In the 'Comity of 
 Between A B , Pldntiff, 
 
 AND 
 
 C D , befcTidant. 
 
 I acknowledge tjiat I am indebted to the Plaintiff in the sum of 
 , and consent, that judgment for that amount aiid costs may be 
 entered against me in this cause, according to the pra,ctice of the Court. 
 
 CD. 
 Dated the day of ,18 
 
 Witness , Clerk (or BaUiff). 
 
 (105). BOND ON StrPERSEDEAS TO WARRANT OF ATTACHMENT. 
 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 C • D , Defendant. 
 
 Know all men by these presents, that we C. D. of \insert place of 
 resideme-md addition], the above Defendant, E. F. of &c., and G. H. 
 of &e., are, and each of us is, jointly and severally held and firmly 
 bound to A. B., of &c., the above Plaintiff, in the sum of , 
 
 to be paid to the said Plaintiff, his certain attorney, executors, ad- 
 ministrators, and assigns, for which payment, well and truly to be 
 made, we bind oilrselves, our heirs, executors, and administrators, 
 and each and every of us binds himself, his heirs, executors, and ad- 
 niinlstra,tors firmly by these presents. 
 
 ' Sealed with our respective selals, and dated the day of 
 
 18 . 
 
 Whereas the above named Plaintiff hath sued out of the said Court 
 (or from a Justice of the Peace) a warrant of attachment against the 
 goods and chattels of the Defendant, for the sum of and under 
 
 and by virtue of the said attachment, certain goods and chattels of the 
 Defendant', to wit : {specify property seized) have been seized and at- 
 
100 FORMS. 
 
 tached ; and the Defendant desires, that the said warrant be super- 
 seded, and the property, so attached, restored to him under the pro- 
 visions of the 209 Section of the Division Courts Act. 
 
 Now the condition of this obligation is such, that if the said De- 
 fendant, his heirs, executors or administrators, do and shall, in the 
 event of the claim, in the said cause being proved, and judgment being 
 recovered thereon, as in other cases, where proceedings have been com- 
 menced against the person, pay the same, or pay the value of the said 
 property, so taken and seized as aforesaid, to the Plaintiff, his execu- 
 tors or administrators, or produce such property, whenever thereto 
 required, to satisfy such judgment : Then this obligation to be void — 
 ■else to remain in full force and virtue. 
 
 Sealed and deHvered ) ^- S"' i^'H 
 
 in presence of | ^f'^ M;) 
 
 (Add affidavit of caption). 
 AFFIDAVITS AND OATHS. 
 
 (106). AFFIDAVIT OF SERVICE OF ORDINARY SUMMONS. 
 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 C D and E F , 
 
 I, V. W., Bailiff of the Division Court in the County 
 
 of (or " of the said Court") make oath and say, that I did 
 
 on the day of A.D. 18 , duly serve each of 
 
 the above Defendants, {or if but one served state "d D., one of the De- 
 fendants,") with a true copy of the annexed summons and statement 
 of claim, by delivering the same personally to each of the said Defen- 
 dants, {or{l^ hut one served, " to C. D., one of the said Defendants") (or 
 if the service was not personal, state how and on whom served, see D. C. 
 Act, sec. 77), and that I necessarily travelled miles to make 
 
 such service. 
 
 Sworn, etc. 
 
 ■W , 
 
 Bailiff. 
 
FORMS. 
 
 (Or, this form may he used when the affidavit is endorsed on the swmmo 
 
 I sweax that this summons and claim therewith were served by me 
 on the day of by delivering a true copy of both, 
 
 personally, to the Defendant, {or to the wife or servant of the Defen- 
 dant, or to a ^own up person being an inmate of, and at the "De- 
 fendant's dwelling) and that I necessarily travelled miles to 
 do so. 
 
 Sworn, etc. 
 
 V W . 
 
 Bailiff. 
 (107). AFFIDAVIT OF SERVICE OF. " SPECIAL SUMMONS." 
 In the Division Court in the County of 
 
 Between A B , Plaintiff, 
 
 % 
 
 AND 
 
 C D , Defendant. 
 
 I, V. W., Bailiff of the Division Court in the said County 
 
 of (or of the Court) make oath and say, that I did, on the 
 
 day of 18 , duly serve 
 
 the above named Defendant with a true copy of the Summons, Notices 
 and Warnings therein, and the particulars of claim therewith in this 
 cause, by deUvering the same personally to the said Defendant, (or if 
 the service was not personal, state how and on whom served, see D. C. Act 
 Sec. 77), and that I necessarily travelled mUes to make 
 
 such service. 
 
 Sworn before me at 
 
 this day of 18 .V V. W. 
 
 Clerk. BaUiff. 
 
 ! 
 
 {Or, this form may he used when the Affidavit is endorsed on the Summons). 
 
 I swear that this Summons and the Notices and Warnings therein, 
 and the particulars of claim therewith, were duly served by me on the 
 day of A.D. 18 , by deHvering a true 
 
 copy of each to the Defendant personally, {or if the service was not per- 
 sonal j state how and on whom served, see B. 0. Act, See. 77), and that I 
 necessarily travelled miles to effect such service. 
 
 Sworn before me at ) 
 
 this day of 18 . V V. W. 
 
 Clerk. • I Bailiff. 
 
 
102 FORMS. 
 
 (108). AI'FIDAVIT OF EXECUTION OF CONFESSION. 
 
 In the Division Court in the County of 
 Between A B , Flamtiff, 
 
 AND 
 
 C D , Befendcmt. 
 
 I, Clerk {or Bailiff) of the Division Court in the 
 
 County of {or of the said Court) make oath and say, that I 
 
 saw the above {or annexed confession) duly executed by the Defen- 
 dant, and that I am a subscribing witness thereto, and that I have not 
 received, and am not to receive anything from the Plaintiff or Defen- 
 dant, or any other person, except my lawful fees, fortakiug such con- 
 fession, and that I have no interest in the demand sought to be re- 
 covered in this action. 
 
 X. Y. {or V. W. 
 
 Sworn before me, &c. 
 
 (109). AFFIDAVIT OF EXECUTION (CAPTION). 
 
 In the Division Court in the Oounty of 
 Between A B , Plaintiff:, 
 
 AND 
 
 C. D , Defenda/nt. 
 
 I, 0. P., of the, etc. make oath and say that on the 
 
 day of A.D. 18 ,1 was present a.nd saw C-. H. and,' K. L. {as 
 
 the case rnay be) duly sign and execute, the annexed award {or Bond, 
 or other instrument). 
 
 That the names G. H. aijd K. 1^. at the foot of the said award {fir 
 as the case may be) are of the proper' handwriting of the said Gr. K 
 and K. L., and tha,t the name 0, P. subscribed to the same as the 
 witness thereto is my proper handwriting. 
 
 Sworn, etc. 
 
 O. P. 
 
 (110), FORMS OF OATHL, &C. 
 
 (a) To a witness at the trial who swears upon the Bible: 
 •"The evidence you shall give to the Court (and Jury sworn) 
 
EOEMS. 103 
 
 touching the matters in question bet;ween the parties, shall be the 
 truth, the vhole truth ^nd nothing Wt the truth. So help, you God" 
 
 (V) To a Witness who swears with uplifted hand ■ 
 Add to the foregoing after the last word "truth," "and this you 
 do swear in the presence of the everliving God, and as you shall 
 auswer to God at the great judgment day. So help you God." 
 
 (c) To a Jew : he is to be directed to cover his head, the Pen- 
 tateuch is to be opened and placed before him, then proceed as inthe 
 first form, only make use of the name "Jehovah" instead of "God." 
 
 {d) To a Quaker, Menonist or Tunker, or other person allowed by 
 law to affirm : 
 
 The Witness is to be directed to repeat his name,, after the Clerk 
 and the following: "I, K. L., do solemnly, sincerely and truly de- 
 clare and affirm that I am one of the Society called Quakers," {or as 
 the case may he), after which, the affirmant, repeating his name, " I, 
 K. L., do solemnly, sincerely and truly declare and affirm that the 
 evidence I shall give to this Court touching the matters in question, 
 &c." 
 
 («) To an Interpreter (where Witness cannot speak English, or is 
 deaf and dumb) : 
 
 "You shall truly interpret between the Court (the Jury), the 
 parties in this cause, and the witness produced. "So help you God." 
 
 (/) To a Witness sworn on Voire Dire : 
 
 "You shall true answers make to such questions as shall be put to 
 you, touching your interest in the event of this cause. "So help you 
 God." 
 
 (g) To Jury caUed by parties : 
 
 "You and each of you shall weU and truly try the matters in dif- 
 ference between the parties, do justice between them accordiug to 
 the best of your skill and ability, and a true verdict give according 
 to the evidence. " So help you God." 
 
 (h) To Jury called by tJie Judge : 
 
 You and pach of you shall well and truly try the facts controverted 
 in this causp between the parties, and a true verdict give according 
 to the evideij^e, "So help you God." 
 
 (i) To a Defendant who appears upon a judgment summons : 
 "You shall true answers maketjo ^11 such questions as shall be put 
 to you tauc^iipg the suil?|j.ect, upon which you have been now sum- 
 
104 FOEMS. 
 
 moned to appear for examination, and what you shall state respect- 
 ing the same shall be the truth, the whole truth and nothing but the 
 truth. "So help ym God." 
 
 (j) To the officer who conducts a retiring Juror out of Court : 
 "You shall retire with such Jurors as have leave of absence from 
 this Court, you shall not speak to them yourself in relation to the 
 subject of this trial, nor suffer any person to speak to them, and you 
 shall return with them without unnecessary delay. "So help you 
 God." 
 
 (k) To the officer, when, the Jury retire to consider their verdict : 
 "You shall keep every person sworn on this Jury in some private 
 and convenient place without meat or drink ; you shall not suffer 
 any person to speak to them, or speak to them yourself, except to 
 ask them whether they have agreed on their verdict. "So help you 
 God." 
 
 (l) To a Deponent or Affirmant swearing to an affidavit or affir- 
 mation : 
 
 "You do swear (or affirm) that the contents of this affidavit (or 
 affimation) to which you have subscribed your name (or made your 
 mark) are just and true. "So help you God." {Or "and so you sol- 
 emnly, sincerely and truly declare and affirm.) 
 
 (m) OATH TO BE ADMINISTERED TO WITNESS BY ARBITRATOR OR 
 
 UMPIRE. 
 
 The evidence which you shall give before me as arbitrator (or um- 
 pire) touching the matters in difference in this reference, shall be the 
 truth, the whole truth and nothing but the truth : So help you God, 
 
 (n.) JURAT TO AFFIDAVIT BT ILLITERATE DEPONENT. 
 
 Sworn by the above named deponent, A. B., at , in the County 
 of , on , and I certify that the affidavit was first read in 
 
 my presence to said A. B., who seemed perfectly to understand the 
 same, and wrote his signature {or made his mark) thereto in my pre- 
 sence. 
 
 X. Y., Clerk, &c. 
 
 Or as the case may be. 
 (O.) AFFIRMATION BY QUAKERS, ETC., AND JURAT THERETO. 
 
 (Court and style of cause) 
 I, A. B., of , &c., do solemnly, sincerely and truly declaxe 
 
FORMS. 105' 
 
 and affirm that I am one of the Society called Quakers (or Menonists, 
 Tunkers, Unitas Fratrum or Moravians, as the case may he)^ and I do- 
 also solenmly, sincerely, and truly declare and affirm as follows, that 
 is to say (state the facts). 
 
 Solemnly affirmed at , "j A. B. 
 
 in the county of , v 
 
 on , before me. J 
 
 X.Y., Clerk, &c. 
 Or as the case may be. 
 
 (111.) AFFIDAVIT OF JUSTIFICATION. 
 
 In the Division Court in the County of 
 
 Between Plaintiff, 
 
 AND 
 
 Defendant. 
 
 We, (C. D. and E. F., of &c.), the sureties in the annexed bond' 
 named, do severally make oath and say, as follows : — 
 
 First, I, deponent C. D. for myself, make oath, and say, that I 
 am a holder, residing at , and that I am worth property 
 
 to the amount of over and above what will pay my just debts. 
 
 Secondly, I, deponent E. F. for myself, make oath, ajid say, that 
 I am a holder, residing at , and that I am worth pro- 
 
 perty to the amount of over and above what wiU pay my just 
 
 debts. 
 
 D- 
 
 E F- 
 
 The above-named C. D. and E. F. were severally sworn before me- 
 at , in the County of , the 
 day of , A.D. 18 
 
 X Y , 
 
 Clerk. 
 
106 FORMS. 
 
 (11^,) AJFIPAATIT OF'DISDUESEMENTS TO SEVERAL WITNESSES^ 
 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 C D — ■ , Defeudwrd. 
 
 I, A. B., of the above Plaintiff {or C. D., the above Defendant, 
 ■or E. F. agent for the above Plaintiff or Defendant) make oath and 
 say :— 
 
 1st. That the several persons whose names are mentioned in the 
 first column of the schedule at the foot hereof were necessary and 
 material witnesses on my behalf {or on behalf of the said Plaintiff or 
 Defendant) and attended, at the sittings of this Court on the 
 ■day of as witnesses on my behalf {or on behalf of the said De- 
 
 fendant or Plaintiff) and that they did not attend as witnesses in any 
 other cause ; {if ■otherwise state the facts.) 
 
 2nd. That the said witnesses necessarily travelled in going to the 
 said Court, the number of miles respectively mentioned in figures in 
 the second column, of the said schedule opposite to the names of each 
 -of the said witnesses. respectively. 
 
 3rd, That the several and respective sums of money mentipned in 
 'figures in the third .column of the said schedule opposite to the names 
 of thp said witnesses, respectively, have been paid by me {or by, the 
 Plaintiff or Defendant) to the said witnesses respectively as in the 
 said' schedule set forth for their attendance and travel as witnesses in 
 :1ihis cause. 
 
 A. B. 
 
 ,Swora-befoi;e.me.at this day of 18 . 
 
 X Y , 
 
 .Clerk. 
 
FORMS. 107 
 
 SCHEDULE REFERRED TO IN THE FOREGOING AFFIDAVIT. 
 
 Names of Witnesses. 
 
 Sums Paid. 
 
 (113.) AFFIDAVIT FOR REVIVAL OF JUDGMENT. 
 
 In the Division Court, in the County of 
 
 Between A^ — B , Plaintiff, 
 
 AND 
 
 C- 
 
 D^ 
 
 -, Defendant. 
 
 I, ^.5., of the :. .. of in the County of 
 
 yeoman {if the affidavit be made by the Plaintiffs attorney or agent with 
 the necessary alteration), make oath and say as follows : 
 
 1st. On the day of , A.D. 18 ,1 recovered 
 
 a judgment of this Court against the above-named Defendant for 
 $ debt, and $ costs of suit. 
 
 2nd. No part of said moneys so recovered has been paid or satis- 
 fied, and the said judgment remains in full force (or " the sum of 
 , part only of the said moneys has been paid, and the 
 judgment remains in full force as to the residue of the said moneys so 
 recovered thereby." 
 
 3rd. I (or " the said Plaintiff") am entitled to have execution of 
 the said judgment, and to issue execution thereupon (for the sum of 
 $ ) as I verily believe. 
 
 Sworn, etc. 
 
108 FORMS. 
 
 (114.) 
 
 BILL OF COSTS. 
 
 UPON A CI.AIU FOR 8AT $20. 
 
 ITpim Special Summons to Judgment entered. 
 
 Clerk's Fees— Beceiving claim, &c $0 10 
 
 Issuing Special Summons 25 
 
 Copies of Process and Claim 20 
 
 Affidavit of Service and Oath 20 
 
 Entering Bailiff's Return 05 
 
 Notice of Admission 10 
 
 Entering Final Judgment 25 
 
 Postages 05 
 
 BailifE's Fees — Service of Summons 10 
 
 Attending to make return and proving. . , 10 
 
 Fee Fund, entering, &c., 10c. ; hearing and order, 30c.. 40 
 
 6thOct,,186 .—Taxed costs at $180 
 
 X. T., CUrk. 
 
 im>N CLAIM FOB. SAT $60, DSFEltDED, TKIZD ASS jm>aUZNT 
 BNTERJSD. 
 
 Clerk's Fees— Becelving claim, &c $0 10 
 
 Issuing Special Summons, &c 35 
 
 Copy of Process and Claim 30 
 
 Affidavit of Service and Oath 20 
 
 Entering Bailiff's Betuni 05 
 
 Summons to Witness, 10c. ; 2 copies 10c. . 20 
 
 Entering Notice of Defence 15 
 
 Notice to Plaintiff and postage 15 
 
 Entering Judgment 25 
 
 Bailiffs Fees— Service of Summons, 20c. ; mileage 20c. . . 40 
 
 Attending to Betum and Proof 10 
 
 Service Sumons on Witnesses 20 
 
 Mileage 50 
 
 Duties at Trial 05 
 
 Fee Fund— Entering, &c 40 
 
 Hearing and Order 1 30 
 
 Si 70 
 Allowed Witnesses 2 00 
 
 Oct. IS.— Taxed costs at 96 70 
 
 X. T., Clerk. 
 
FORMS. 
 
 (115.) clerk's rettjrn of emoluments. 
 
 109 
 
 Return of X — - Y- — , Clerk of the Division Court in the 
 County of , of all Fees and emoluments from First day 
 
 of to the day of 18 , both days inclusive, 
 
 made in pursuance of "The Upper Canada Division Courts 
 Act," Section 41. 
 
 ON WHAT. 
 
 Keceiving claim, numbering and entering in Procedure 
 Book :.. 
 
 Issuing Summons, with neeesary/ Not exceeding $20 
 
 notices thereon, or Judgments' Exceeding S20 
 
 Summons (.Exceeding $60 
 
 (For Special Sunmione," with warnings subjoined. 
 Summons in Keplevin or Interpleader, or under the 
 garnishee clauses, 5 cents extra.) 
 
 Copy of process, or claim, or set-off, ( Not exceeding $20 
 or other paper required for services Exceeding .... $20 
 or transmission to Judge, each.... (.Exceeding .... $60 
 
 (Where the claim or set-off exceeds 3 folios of 100 words 
 in length, for every additional folio 5 cents, if allowed 
 by the Judge.) 
 
 Summons to witnesses, with any number of names therein 
 
 For every copy to serve 
 
 Drawing every necessary affidavit, and administering 
 oath, 
 
 (When exceeding 2 folios in length, 5 cents for every 
 additional folio if allowed Irr the JudgeJ 
 
 Entering Bailiff's Return to Process, or Judge's Order. 
 
 Entering notice of set-off, plea of pajrment or other de- 
 fence requiring notice to the Plaintiff or notice of ad- 
 mission as to claim 
 
 Taking confession of Judgment 
 
 Every notice required to be given by Clerk to any party 
 to a cause or proceeding, or to the Judge in respect to 
 the same and mailing 
 
 Entering every judgment, or order made at the hearing, 
 or final order made by the Judge, or final Judgment 
 entered by Clerk •.-••• 
 
 Summons for each Juryman, when called by the parties. 
 
 Ketuming Judge's Jury 
 
 Order of Reference, -Attaching Order, or other order 
 drawn and entered by Clerk 
 
 Transcript of Judgment, (under Sec. 139 or 142.) 
 
 Every Writ of Execution, Warrant fNot exceeding $20 
 
 of Attachment or Warrant for ar- < Exceeding $20 
 
 rest of delinquent (.Exceeding $60 
 
 Every Bond when necessary, including affidavit of Jus- 
 tification ■• 
 
 Necessary entries made in the debt attachment book m 
 each case (in all) • •■.•■;•; ■•• 
 
 Transmitting papers for service to another division or to 
 Judge, on application to him, including the necessary 
 entries but not including postages • 
 
 Receiving papers from another division for service en- 
 tering the same, handing to the Bailiff, reoeivmg his 
 return and transmitting same 
 
 Searches, •*■ 
 
 No. 
 
 Rate. 
 
 $ cts. 
 10 
 20 
 30 
 40 
 
 05 
 10 
 15 
 20 
 
 10 
 10 
 05 
 
 20 
 
 05 
 
 15 
 10 
 
 10 
 
 25 
 10 
 25 
 
 15 
 25 
 30 
 40 
 50 
 
 50 
 
 15 
 
 20 
 
 30 
 10 
 
 Am'nt. 
 
ilo 
 
 FORMS. 
 
 I, X Y--^ — , aibo-t'e named, make oath and say that the fore- 
 going Return contains a full and correct statement, in every paxticu- 
 lar, to the best of my knowledge and belief, of the Fees and 
 Emoluments of my Office, received or receivable on business' done 
 during the period above mentioned. 
 
 X—— Y , 
 
 Clerk. 
 
 Sworn before me at 
 day of 186 
 
 , in the County of 
 
 this 
 
 (116.) LIST OF UNCLAIMED MONEYS, VERIFIED. 
 
 List of unclaimed moneys paid into Court or to me as Cleirktherepf 
 which remain unclaimed for six years ending on the 31st day of 
 December last past. 
 
 For whom or on 
 
 whose account 
 
 money paid. 
 
 When 
 paid. 
 
 Style and No. of Suit. 
 
 Amount, 
 eta. 
 
 I, X. Y., Clerk of the Division Court in the County 
 
 of make oath and say that *the foregoing Return is full 
 
 and correct in every particular,* {or if no moneys remain undairtied, ivr 
 stead of the matter between the asterisks say, " no such moneys paid into 
 Court, or to me as Clerk thereof remain unclaimed for six years next 
 before 31st day of December last past.") 
 
 Sworn, etc. 
 
 Clerk. 
 
FORMS. Ill 
 
 BAILIFF'S FOKMS. 
 
 (117.) REPLEVIN BOiift). 
 
 Know aJl men by these presents, that we, A. B., of &c., W. B., of 
 &c., and J. S., of &c., are jointly and severally held and bound to 
 v. W., Bailiff of the Division Court, in the County of , 
 
 in the sum of , to be paid to the said BaihfF, or his certain 
 
 attorney, executors, administrators or assigns, for which payment to 
 be well and truly made we bind ourselves, and each and every of us 
 in the Whole our and each, and every of our heirs, executors and 
 ■administrators, firmly by these presents, sealed with our seals, and 
 dated this day of , A. D. 18 . 
 
 The condition of this obligation is such, that if the above bounden 
 A- B. do prosecute his suit with elfect, and without delay against C 
 i). for the taking and unjustly detaining {or unjustly detaining, as 
 the case Ttiay le) of his cattle, goods and chattels, to wit : Qiere set 
 forth the property distrained, taken or detained), and do make a return of 
 the said property, if a return thereof shall be adjudged, and also dO' 
 pay such damages as the said C. D. shall sustain by the issuing of 
 the writ of replevin, if the said A. B. faUsto recover judgment in the 
 suit ; and further, do observe, keep and perform, all orders made by 
 the Court in the suit ; then this obligation shall be void, or else re 
 main in full force and effect. 
 
 Si^ed, sealed and delivered \ 
 in presence of > 
 
 (118.) FORM OF ASSIGNMENT TO BE ENDORSED, EF REQUIRED. 
 
 Know all men by these presents, that I, V. W., Bailiff of the 
 Division Court for the County of , have, at the request of the 
 
 within named C. D. (the Defendant), assigjned over this replevin bond 
 unto to the said C. D., pursuant to the Statute in such case made and 
 provided. 
 
 In witness whereof I have hereunto set my hand and seal of oflSce 
 this day of 18 . 
 
 Signed, sealed and delivered \ , . — « — , , 
 
 in presence of > V. W. ■! Seal. \ 
 
 A. B. 
 
 L-S 
 
 W. G. 
 
 L-S 
 
 J. S. 
 
 'l.s 
 
112 FOKMS. 
 
 (119.) bailiff's return to writ of REPLEVrN. 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 In pursuance of sec. 11 of 22 Vic. cap. 20, and sec. 5 of 23 Vic. 
 •cap. 45, 1 have taken from said Plaintifif a bond, conditioned as by 
 said acts required, made by him and two sureties namely 
 -of the of in the county of yeoman 
 
 {m as the case may he), or, of the same place, {or as the case maybe), 
 which bond bears date the day of , 18 , and is 
 
 witnessed by 
 
 And by virtue of the annexed writ to me directed, I have seized 
 and delivered to the Plaintiff the goods mentioned in said writ, that 
 is to say (describing the goods by mimber, quantity and quality, or if only 
 ■a part liave been replevied say, a, 'poiiiou of. goods in writ mentioned, 
 that is to say (describing them), and I cannot make replevin of the 
 residue of said goods, namely (slmily describing them), as by said 
 writ commanded by reason of the same having been eloigned out of 
 *his country by the Defendant (or as the case may he.) 
 
 (120.) INVENTORY OF GOODS SEIZED OR REPLEVIED. 
 
 An inventory of property and effects by me, this day seized (or re- 
 plevied) in the Township of , by virtue of a writ of 
 (as the case may he) issued by A. B., Clerk of the Division 
 'Court of the County of (w as the case may he) on behalf of 
 E. F. against of C. D. : that is to say one lumber waggon, etc. 
 '(stating aU the articles seized). 
 
 Dated this day of , A.D. 18 
 
 W- 
 
 Bailiff, etc. 
 
 (121.) appraiser's oath on attachment cases. 
 
 You, and each of you, shall well and truly appraise the iiroperty 
 and effects mentioned in this inventory (holding it in his Juind) accord- 
 ing to the best of your judgment. So lielp you God. 
 
FORMS. 113 
 
 (122.)' APPRAISEMENT TO BE ENDORSED ON INVENTORY. 
 
 We, B. B. and B.D., being duly sworn by the Bailiff, V. W., to 
 appraise the property and effects mentioned in the within inventory, 
 to the best of our judgment, and having examined the same, do ap- 
 praise the same at the sum of 
 
 Witness our hands this day of , A.D. 18 
 
 B. B. 
 B. D. 
 
 (123.) NOTICE OF SALE. 
 
 By virtue of an execution issued out of the Division Court 
 
 for the County of , and to me directed, against the goods and 
 
 chattels of , at the suit of , I have seized and taken 
 
 in execution, one bay horse, &c. 
 
 AH which property will be sold by public auction, at , on 
 
 the day of 18 , at the hour of o'clock in the 
 
 noon. 
 
 V. W., 
 
 Bailiff: 
 
 Dated, day of , 18 . 
 
 (124.) RETURNS TO EXECUTIONS, &C. 
 
 (a.) Nulla bona. — 'rtie within Defendant (or Plaintiff) hath no 
 goods or chattels in the said County of , whereof I can 
 
 make the moneys to be levied as within commanded. 
 
 V. W. 
 Bailiff. 
 
 Dated day of A. D., l8 
 
 (h.) Feci. — By virtue of the within execution, I have made of 
 the goods and chattels of the Defendant (or Plaintifi) the 
 moneys within mentioned, and have paid the same to the said 
 clerk as within commanded. 
 
 V. W. 
 Bailiff. 
 
 Dated day of A.D., 18 . 
 
 (c y Part OTM?«.--By virtue of the within execution, I have made 
 of the goods and chattels of the Defendant, (or Plaintiff) % , 
 and have paid the same to the said Cled:;, and the Defendant /or 
 8 
 
114 FORMS. 
 
 Plaintiff) hath no more goods or chattels in the said County of 
 whereof I can make the residue of the said moneys, or 
 
 part thereof. 
 
 ^ V. W., 
 
 Bailiff. 
 Dated, day of A.D., 18 . 
 
 WHEN RENT LEVIED BY BAILIFF. 
 
 (d.) By virtue of the within execution, I have made of the goods 
 and chattels of the Plaintiff (or Defendant) $ part whereof, $ , 
 I have paid to 0. B., landlord of said Plaintiff for Defendant) for one 
 quarter's rent in respect of premises when levy made ; and a further part 
 $ , I have retained as fees on execution. The residue $ I have 
 paid to the said Clerk as within commanded. 
 
 V. W., 
 Baihff 
 Dated, day of A.D., 18 . 
 
 (125.) BOND ON SEIZURE OR SALE OF PERISHABLE PROPERTY. 
 
 In the Division Court in the County of 
 Between A B , Plaintiff, 
 
 AND 
 
 C D , Defendant. 
 
 Know all men hy these Presents, that we, A. B., of {insert 
 
 place of residence and addition) the above named Plaintiff, E. F., of &c., 
 and G. H. of &c. are, and each of us is, jointly and severally held and 
 firmly hound to C. D., the above named Defendant, in the sum of $ 
 to be paid to the Defendant, his certain attorney, executors, adminis- 
 trators, and assigns, for which payment, well and truly to be made, 
 we bind ourselves, our heirs, executors and administrators, and each, 
 and every of us, binds himself, his heirs, executors, and administrators 
 firmly by these Presents. 
 
 Sealed with our respective seals, and dated this day of 
 
 A.D., 1.8 . 
 
 Whereas the above-named Plaintiff hath sued out of the said Court 
 (or from a Justice of the Peace) a Warrant of Attachment against the 
 goods and chattels of the Defendant, and hath requested that certain 
 
FORMS. 115 
 
 perishable property, to wit (specify property) belonging to the Defen- 
 dant, may be seized, and forthwith exposed and sold, under and by 
 virtue of the said Warrant of attachment [or whereas certain perish- 
 able .property, to wit , belongiug to the Defendant, hath been 
 seized under and by virtue of a Warrant of attachment, issued out of 
 the said Court (or by a Justice of the Peace) in the above-named 
 cause, and hath been duly appraised and valued at the sum of $ 
 and is now in the hands of the Clerk of thcj said Court ; and whereas 
 the Plaintiff hath requested the said Clerk to expose and sell the said 
 goods and chattels as perishable property] according to the form of 
 the Statute in that behalf. 
 
 Now the condition of this obhgation is such, that if the said Plain- 
 tiff, his heirs, executors or administrators, do repay to the said De- 
 fendant, his executors, or administrators, the value of the said goods 
 and chattels, together with all costs and damages, that may be in- 
 curred in consequence of the seizure and sale thereof, in case judg- 
 ment be not obtained by the Plaintiff, according to the true intent of 
 the 214th Section of the Division Courts Act : Then this obligation 
 to be void — else to remain in full force and virtue. 
 
 Sealed and delivered { e' F 
 
 in presence of j q, -g 
 
 L.S. 
 L.S. 
 L.S. 
 
116 
 
 FOBMS. 
 
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 es' 
 
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 B ®t5 
 
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 €©• 
 
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 CD 
 
 
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FORMS. 
 
 Dated 1st July, 1869. 
 
 117 
 
 Approved, 
 
 Wm. B. Eichaeds, C. J. 
 John H. Hagaety, C. J. C. P. 
 Adam Wilson, J. 
 John W. Gwynne, J. 
 Thomas Galt, J. 
 
 Jas. Eobt. Gowan. 
 S. J. Jones. 
 D. F. Hughes. 
 James Daniell. 
 Jas. Smith. 
 
INDEX 
 
 Rules. 
 
 Abandoning Excess 
 
 Abatement, where one of Plaintiffs or Defendants dies be 
 
 fore Judgment 
 
 " where one of Plaintiffs or Defendants dies after, 
 
 Judgment 
 
 Abode, i)lace of, p^ies to be stated in claim 
 
 Absconding Debtor 
 
 When scTeral attachments issued 
 
 Form of affidavit for attachment 
 
 Form of attachment against 
 
 Actions, against Officers and Sureties, particulars in 
 
 Action, commencement of 
 
 discontinuing, in Replevin 
 
 " other actions 
 
 Adjacent division, leasre tosue in 
 
 Address of parties to be left with Clerk 
 
 Admission of part of Plaintiff's claim. Notice of 
 
 " _ " Effect of oncosts 
 
 Adjournment of Suit, no order necessary 
 
 " where practice not complied with 
 
 " for particulars or further particulars... 
 
 Adjoining Division, affidavits for leave to sue in 
 
 Adjoining Comity, Defendant living in when Special Sum- 
 mons returnable 
 
 " where none of Defendants reside in when 
 
 returnable 
 
 Administrators, See Executors 
 
 Admission of debt signed by Garnishee 
 
 Affidavits and Oaths, Requisites of 
 
 Affidavits and Oaths, Forms of 
 
 8 
 
 153 
 
 154 
 
 3 
 
 36 
 
 36 
 
 Affidavit, for leave to sue in an adjacent Division 
 
 " for attachment 
 
 " to obtain Judge's Order for Writ of Replevin .. 
 " " Writ without order in first instance .. 
 
 " for order to garnish debt, requisites of and Form... 
 
 Affirmation, See Affidavits and Oaths 
 
 Agents, Clerks and Bailiffs not to act as 
 
 A&oma, Rules to apply to 
 
 AUowance to Witnesses, scale of 
 
 Alias Summons to be dated the day issued 
 
 Amendments, on proceeding by Special Summons 
 
 " where Special Summons issuedinstead of "Or- 
 dinary" 
 
 " wheie vice versa 
 
 " Defendants name to be struck out where ne- 
 cessary 
 
 10 
 
 11 
 
 138 
 
 16,123 
 
 125 
 
 132 
 
 132 
 
 139 
 
 140 
 
 4 
 
 18 
 18 
 
 133 
 
 16 
 35 
 
 51 
 
 100 
 
 165 
 
 147 
 
 14 
 
 28 
 
 104 
 104 
 
 105 
 
 FOBMS. 
 
 11 
 12 
 18 
 
 8,9 
 102, 103 
 
 8, 9, 10 
 
 49 
 
 8,9,11,13, 
 14,106,107, 
 108, 109, 
 110, 111, 
 112, 113, 
 115, 116, 
 121, 126. 
 8,9 
 11 
 13 
 14 
 40 
 llD(d)(e)(o) 
 
11 
 
 INDEX. 
 
 Amendments where Defendant improperly joined 
 
 " where chose in action stted on by Assignee sub- 
 stituting name of real Plaintiff 
 
 " Plaintiff suing in own right instead of in re 
 presentative character, or vice versa 
 
 " how set off and other matters affected 
 
 " where name or description of Plaintiff insuffi- 
 cient, &c !.. , 
 
 " how set off and other matters affected 
 
 " in actions by or against husband ?rtoere wife 
 improperly joined or omitted 
 
 " how set off and other matters affected 
 
 " where greater numter of persons made Plain- 
 tiffs than required.!....'. , 
 
 " how set off and other matters affected... 
 
 " where less niunher made Plaintiffs , 
 
 " how set off and otherma,tters affected 
 
 " where more have been made Defendants than 
 required 
 
 " how set off and other matters affected ... 
 
 " where several persons made Defendants and all 
 not Served 
 
 " how set off and other matters affected 
 
 " where name or description of Defendant insnf- 
 fioieiit or incorrect , 
 
 " how set off and othermatters affected 
 
 " if no objection takeUj cause to proceed 
 
 " where person other than D^endant appears at 
 
 trial and admits he is person intended to be 
 
 " how set off, &c., affected 
 
 " where pa,rty sues or issued in representative 
 
 character, and he ought to have sued or 
 
 been sued in his own right 
 
 " how set off &:c., affected 
 
 " where variance appears at trial 
 
 " Judge may always amend errors in proceedings 
 
 Costs in such cases 
 
 " In case of, corresponding amendments to be 
 
 made by Clerk in proceedings 
 
 Subsequent proceeding to be in conform- 
 ity 
 
 Appeals from Court of Revision, Co^ts of 
 
 Appointment of Umpire to be endorsed on order of reference, 
 
 " for meeting on reference 
 
 Application of Bailiff for Interpleader 
 
 " for Judgment Summons 
 
 Appraisers, Fees to, under Warrant of Attachment 
 
 Form of Oath ,-. 
 
 Appraiaement, to be endorsed on Inventory 
 
 Arbitrator, Oider of reference to 
 
 ' ' Form of Oath to be administered by to Witness, , 
 
 " Award of .' 
 
 ' ' Siummons for Witness to appear bef oto 
 
 Attachment, When hearing to be, when Defendant not per- 
 sonally served 
 
 " Form of Affidavit for 
 
 " where several sued out by different persons ... 
 
 " Fees to Appraiser 
 
 Attachment Book (Debt), entries in 
 
 Attachment of Debts proceedings. (See Garmshee.) 
 
 Rules. 
 
 150 
 
 106 
 
 107, 116 
 107 
 
 108 
 108 
 
 109 
 10.9 
 
 110 
 110 
 111 
 111 
 
 112 
 112 
 
 113 
 
 114 
 •il4 
 115 
 
 115 
 115 
 
 116 
 116 
 117 
 118 
 118 
 
 119 
 
 119 
 146 
 
 37 
 7 
 
 35 
 
 62 
 
INDEX. 
 
 lU 
 
 
 lent against absconding Debtors 
 
 FOKMS. 
 
 EULES. 
 
 Attachn 
 
 
 12 
 
 (C 
 
 when several creditors each may enter defence 
 and call and cross-examine witnesses as to 
 nihftr nrpditni^* nlaimf? 
 
 36 
 
 
 (( 
 
 Bond on Supersedeas • 
 
 105 
 
 <f 
 
 Forms of Annraiser's Oath 
 
 
 121 
 
 Attachment — Bond onseizure or sale — Derishable oronertv... 
 
 
 125 
 
 Award, 
 
 
 150 
 
 
 (( 
 
 of Arbitrator 
 
 36 
 
 <( 
 
 Judgment on 
 
 
 55 
 
 tt 
 
 Affiriavitnf Ti^Yfip.ntinn 
 
 
 109 
 
 Bailiffs 
 
 application for Interpleader 
 
 37 
 
 40 
 
 46, 47, 48, 
 
 49, 50. 
 
 92 
 
 93,94 
 
 19 
 
 (t 
 
 
 117, 118, 
 
 H.' 
 
 "ProceR*^ Book, lP''^r"i ^^f 
 
 119, 120 
 126 
 
 tt 
 
 Returns do 
 
 126 
 
 CC 
 
 and Sureties, particulars in actions against 
 
 18 
 
 Bailiffs 
 
 IS 
 
 duties :— to serve Summons in forei^ divisions, and 
 make return forthwith under B-ule 90 
 
 81 
 82 
 
 85 
 90 
 SO 
 90 
 90 
 
 90 
 
 90 
 
 91 
 
 91 
 
 ■91 
 
 91 
 
 91 
 92 
 92 
 92 
 92 
 
 93 
 
 98 
 98 
 
 99 
 100 
 100 
 
 103 
 
 164 
 
 46 
 
 
 tt 
 
 When and how to serve Summons under 160 
 sec, 
 
 
 tt 
 
 
 
 tt 
 
 
 
 tt 
 
 to makf* !^ffi<1a.vit "^f sftrvir-e 
 
 
 tt 
 
 what fee to be entitled to 
 
 
 " 
 
 if Summons not served to make return to 
 
 
 tt 
 
 tt 
 
 to show reason of non-service, by endorsement 
 
 on summons '. 
 
 to attend every sitting of Court and make 
 
 
 <( 
 
 
 
 tt 
 
 
 
 (( 
 
 to call Darties and witnesses 
 
 
 *( 
 
 to be entitled to 5 cents in defended cases, for 
 callincr r>arties and witnesses 
 
 
 (C 
 
 to keen Bailiff's Process Book 
 
 126 
 
 (C 
 
 lEjutries to be made therein 
 
 
 tt 
 
 
 
 It 
 
 tt 
 
 Book to be open to Judge or Clerk 
 
 to deliver return on oath to Clerk at every 
 sittin&rs 
 
 126 
 
 it 
 
 receiving money, shall within six days pay 
 over or transmit, failing duty, to forfeit 
 office 
 
 
 (( 
 
 Tiot to witliliald monev of suitors 
 
 
 (( 
 
 not to hinder or delay proceedings of foreign 
 
 
 tl 
 
 "Forfeiture of fees for doinsT SO 
 
 
 It 
 
 not to purchase or have interest in suit or 
 
 
 It 
 It 
 
 not to be engaged as agent for either party... 
 
 
 tt 
 (> 
 
 delivei^ng delinquent to prison to endorse on 
 Schedule of Fees to 
 
 
 Bailiff's 
 
 
 117 
 
 « 
 
 " Assignment of 
 
 118 
 
IV 
 
 INDEX. 
 
 Bailiff's Forma, Inventory of goods seized 
 
 " Appraiser's Oath on attachment cases 
 
 " Api)raisement onlnyentory 
 
 " Notice of Sale 
 
 " Keturn of Executions 
 
 " when rent levied by 
 
 " Bond on seizure or sale, perishable property 
 
 Beneficial Plaintiff, where action under 152 Section of Act. 
 
 Warning to Defendant 
 
 Bill of Costs, to be made by Clerk in detail 
 
 Board of County Judges, to meet 3rd Monday in June an- 
 nually 
 
 Bond, in Replevin, Bailiff to take 
 
 " " assignment of 
 
 " " when delivered up to be cancelled, action 
 
 to be discontinued 
 
 " " Affidavit of Caption 
 
 " in Garnishee proceedings to be given under section 15 
 
 of 1869 
 
 " in Attachment against absconding debtors on seizure 
 or sale of perishable property 
 
 BULES. 
 
 Caption, Affidavit to Bond, Award, &c '. 
 
 Cash Book to be inform 
 
 Cause of Action. ' (See Claim, j 
 Caution to parties sued in chose in action seized under Ex- 
 ecution 
 
 Certificate for discharge of delinquent from custody 
 
 Chose in action seized, how sued on 
 
 Claim and particulars, requisites of, as to names of parties. 
 
 " when suit brought under 27 & 28 Vic, Cap. 27 
 
 " against Officers and Sureties 
 
 " in Replevin 
 
 " " Interpleader of Landlord for Eent 
 
 " " " particulars of 
 
 Clerk's duties, on Defendant disputing Plaintiff's claim ... 
 " Plaintiff to notify Clerk if he accepts part .... 
 
 " when Special Summons not served to add new 
 
 notice of Sittings to Warning 
 
 " Entering Judgment on Special Summons ... 
 
 " to hold office where Judge direct 
 
 " to keep books prescribed 
 
 " to number Claim 
 
 " number to show standing of Suit 
 
 " toproceedby Special Summons inpropercases. 
 " to aimex Claim to every Summons and Copy, 
 to deliver Summons for service without de- 
 lay 
 
 " to transmit Summons by mail for service in 
 
 foreign division 
 
 " Clerk of foreign division to deliver Summons 
 
 for service to Bailiff forthwith 
 
 " do on return made by Bailiff to transmit Sum- 
 
 mons by mail to Clerk of home Division 
 
 forthwith 
 
 " may issue Alias or Pluries Summons where 
 
 necessary... 
 
 " to make returns, under 41 sec. of Act, semi- 
 annually 
 
 " to make fist of unclaimed moneys, under 43 
 sec. of Act, annually, &,c 
 
 15 
 89 
 
 166 
 46 
 
 45 
 60 
 
 77 
 
 15 
 
 15 
 
 34 
 
 5 
 
 38 
 
 21 
 21,22 
 
 19 
 32 
 76 
 
 77 
 78 
 78 
 79 
 80 
 
 80 
 
 81 
 
 81 
 
 81 
 82 
 83 
 84 
 
 120 
 121 
 122 
 123 
 
 m{a){b){c) 
 124(d) 
 125 
 
 114 
 
 FoBMS. 
 
 117 
 118 
 
 109 
 
 47(ffl) 
 
 125 
 
 109 
 5 
 
 97 
 
 15 to 21 
 
 18 
 15 
 20 
 21 
 102 
 
 52 
 4, 5, 6. 
 
 115 
 116 
 
INDEX. 
 
 
 Rules. 
 
 Forms. 
 
 Clerk's duties, to make Affidavit whether moneys unclaimed 
 or not 
 
 84 
 86 
 
 86 
 86 
 87 
 
 88 
 
 88 
 
 88 
 88 
 89 
 89 
 94 
 94 
 94 
 
 95 
 97 
 98 
 
 99 
 100 
 164 
 
 116 
 
 " to keep aH papers in Original Summons 
 
 
 " to have Original Suilimons printed on half 
 sheet foolscap 
 
 
 " to produce all original papers when required. . . 
 " to givenotice of payment into Court 
 
 102 (9, 10) 
 
 " _ " that Defendant disputes Plain- 
 tiff's Claim (or does not dispute) 
 
 " to give notice of Plaintiff's Claim, or any 
 
 
 " " that Defendant has given con- 
 
 
 " or if Defendant fails to give notice of defence,.. 
 " to make out Bill of Costs in detail 
 
 102 
 
 " to endorse Bill of Costs on Summons 
 
 114 
 
 " to file Ketumimder Rule 93 
 
 
 " to examine the same and certify if correct 
 
 
 " to notify party when he receives money, fail- 
 ing to do BO, and paying over, to forfeit 
 nfflfift 
 
 
 " not to withhold money from Suitors entitled. 
 ** not to hinder or delay proceedings 
 
 
 " "to purchase or ^e interested in suits. 
 
 
 
 
 " Schedule of Pees to 
 
 1 
 
 " Memorandum of non-appearance of Gar- 
 nlBhee , .' 
 
 48 
 
 
 
 115 
 
 Clerk's Notices to Plaintiff. (See Notices.) 
 
 
 101, 102 
 
 Clerk ££nd Sureties, particulars in actions against 
 
 
 18 
 
 f^OTnTti^nc^m'^Tnt ^^f ?v^tioTij whftt phall h^-. .. ■■ 
 
 10 
 
 63 
 
 101 
 102 
 
 103 
 
 
 Common Law Procedure Act, Garnishee proceedings in D. C. 
 
 48,49,50,90 
 
 Commitment, Warrants of, to be dated when order for 
 
 
 
 " Bailiff to endorse thereon amount of mileage 
 on delivering to prison., 
 
 93,94 
 
 Concurrent Summons to be issued if necessary. 
 
 Confession before action, reauisites of 
 
 17 
 131 
 
 30 
 
 
 " where Defendant served with special Summons, 
 maJces default and gives confession, Plaintiff to 
 elect to proceed on either 
 
 
 
 104 
 
 
 
 108 
 
 " where several Defendants, and some defend and 
 " others make default on Special Summons 
 
 24, 26 
 
 53 
 
 
 
 73 
 
 
 
 96 
 
 
 33, 127 
 
 51,52,57 
 
 146 
 
 18 
 
 146 
 
 
 
 16 
 
 Dreditnr (f!/v **_Prt7iwiru Creditor^*) 
 
 40,42 
 
 
 
 County, adjoininer, &c., when Special Summons returnable... 
 
 
 
 
VI 
 
 INDEX. 
 
 Damages in Replevin 
 
 Debt Attachment Book. 
 
 Entries in to commence with Gar- 
 nishee order or Garnishee Sum- 
 
 mons 
 
 Form of 
 
 Debt denied by Garnishee. Form of Meinorandum 
 
 Debtor, (See " Primary Debtor" ) 
 
 Debtor, (See " Absconding Debtor." J 
 
 Decrees to be entered by Clerk in Procedure Book 
 
 " when order made for payment of money payable at 
 
 office of Clerk 
 
 Default, some Defendants making, others defending, how 
 
 action to proceed 
 
 ' ' after minuted. Defendant may be let in to defend on 
 
 terms 
 
 " where Defendant makes and gives confession, Plain- 
 tiff to elect to proceed on either 
 
 " if judgment not entered by Clerk in one month, suit 
 
 not abated 
 
 " Summons to Defendant after form to be Alias or 
 
 Plnries 
 
 Description of parties, &o., in claim, &c 
 
 Devastavit suggestions andforms 
 
 " Summonses, suggesting 
 
 " Judgment against Executor or Administrator (See 
 
 Executor.) 
 
 Defence. Defendant giving notice of statutory to be deemed 
 sufficient notice of disputing Plaintiff's claim. 
 
 " by attaching creditors, allowed 
 
 Defendant, minute of judgment for, in Procedure Book 
 
 " minute of judgment for Defendant on set-off 
 
 where part satisfied 
 
 " minute of judgment for balance set-off 
 
 Discharge of Party from Custody, Certificate of 
 
 Disbursements, Affidavit of, to Witnesses 
 
 Discontinuing Action of Replevin, what shall be 
 
 " in other actions " " 
 
 Dismissal, minute of judgment of in Pro. Book. 
 
 Disputing, Plaintiff's claim, what shall be notice of in certain 
 
 cases 
 
 " Plaintiff's claim in part. Clerk to notify Plaintiff. 
 
 " all Defendants served and some only defend 
 
 Documents, inspection of, by either party 
 
 " Forms prescribed for, only to be used 
 
 Rules. 
 42,43,44,45 
 
 62 
 
 54 to 57 
 
 36 
 
 149 
 
 149 
 
 24 
 
 29 
 
 30 
 
 31 
 
 3,4 
 64 
 
 20 
 36 
 
 11 
 
 138 
 
 20 
 21 
 23 
 
 2, (13,) 137 
 148 
 
 Eloignment in Replevin, of Goods, &c., Bailiff to make re- 
 
 " turn ther^f 
 
 " Writ im Withernam ioissme 
 
 " Form of Con. Stat, of U. G., Cap. 29 
 
 Emoluments, Clerk's, Return of, form of 
 
 Evidence, Form of Affidavit of Disbursements 
 
 " Clerk to determine remuneration to witnesses 
 
 Excess, Abandonment of, how to be done 
 
 Executions, Writs of, how to be executed out of Division.... 
 
 " cannot be issued to Bailiff of another county 
 
 " on Judgment by Special Summons ! ,. 
 
 " none to issue on Judgment more than six years 
 old, unless payment made thereon within 12 
 months, without leave of Judge 
 
 " Renewal of, Form of 
 
 147 
 
 8 
 
 34 
 
 33 
 
 156 
 158 
 
 FOBMS. 
 
 70 
 
 6 
 50 
 43,46 
 
 11,12,18 
 45 to 75 
 
 29 
 
 32 
 31,32 
 
 60,67 
 
 56 
 
 57 
 
 58 
 
 97 
 
 112 
 
 54 
 
 C.S.TJ.O. 
 Cap. 29. 
 115 
 112 
 
INDEX. 
 
 Vll 
 
 Executions, Ordinaiy against goods of Defendant 
 
 of Plaintiff 
 
 " Ordinary against goods of Plaintiff for balance 
 of setoff 
 
 " under 27 and 28 Vic. Cap. 27 
 
 ' ' on transcript from one D. Coiift to another 
 
 " for execution or judgment revived 
 
 " agaiust Executor on " " 
 
 " " goods of Testator 
 
 " in ReplevinagainstPlaintiilwhenretumof goods 
 adjudged ■with damages and costs 
 
 " against Garnishee when judgment already re- 
 covered 
 
 " against Garnishee on judgment already recovered 
 agaiust him and Primary Debtor 
 
 " against Primary Debtor and Garnishee 
 
 " against Primary Creditor for Garnishee's costs.. 
 
 " under 293rd and 296th Sections of C. L. P. Act 
 
 " against goods of Claimant in Interpleader , 
 
 " under Act respecting Line Fences, &c 
 
 " Warrant of Commitment for default of appear- 
 
 " Warrant of Commitment after examination ... 
 
 " " " for Contempt of Court 
 
 " " " to levy fine on Witness 
 
 Executors and Administrators. 
 
 " Parties suing either may charge devastavit in 
 Summons 
 
 " Judgment where Defendant having Wasted assets 
 
 " Judgment where Defendant denies his represen- 
 tative character or alleges release .., 
 
 " Judgment where Defendant admits his representa- 
 tive character but denies demand, and Plaintiff 
 proves it 
 
 " Judgment where Defendant admits his repre 
 sentative character but denies demand, and 
 alleges total or partial administration of as- 
 sets and Plaintiff proves demand. Defendant 
 proves administration alleged 
 
 " Judgment where Defendant admits his represen- 
 tative character but denies demand, and 
 aJIegea total or partial administration, and 
 Plaintiff proves demand, but I)efendant doeS 
 no£ prove administration 
 
 " Judgment where Defendant admits his represen- 
 tative character and Plaintiff's demand, but 
 alleges total or partial administration, and 
 proves it 
 
 " Judgment where Defendant admits his represen- 
 tative character and Plaintiff's demand, but 
 aUeges a total or partial administration but 
 does not prove administration alleged 
 
 " Judgment where judgment has been rendered 
 quando acciderint suggestion of devastavit 
 
 " Judgment where judgment given quando acci- 
 derint, summons may issue suggesting devas- 
 tavit •••• 
 
 " Judgment Provisions of Rule 65 to apply to the 
 enquiry 
 
 " in cases where Defendant admits his representa- 
 tive character and Plaintiff's demand, and 
 
 Holes. 
 
 FOEMS. 
 
 64 
 65 
 
 66 
 67 
 
 68 
 
 70 
 
 71 
 72 
 
 72 
 72 
 
VUl. 
 
 INDEX. 
 
 
 Rules. 
 
 FoBHB. 
 
 Executors and Administrators— Contimied. 
 
 that he is chargeable with assets, he may pay 
 
 73 
 
 74 
 
 75 
 
 157 
 
 72 
 
 
 " in actions against, not otherwise provided for, if 
 Defendant fails in his defence, judgment to 
 be for Plaintiff as to costs of disproving 
 
 
 ' ' in actions by, if Plaintifi fail, Costs to be awarded 
 Defendant, to be levied de bonis propriis 
 
 30 to 35 
 
 " Summons to, where assets since Judgment 
 
 * ' Execution on Judgment revived for 
 
 34 
 82 
 
 *' do do do affaitist 
 
 
 83 
 
 " do do do against goods of 
 Testator 
 
 
 84 
 
 Eee Fund, how Stamps to be affixed 
 
 135 
 136 
 164 
 147 
 147 
 
 
 
 
 Fees. TarifiE for Officers..." ." 
 
 1,2 
 
 
 
 '^ Scale of, to Witnesses 
 
 3 
 
 " Affidavit of disbursements 
 
 112 
 
 
 
 3 
 
 " to Appraisers 
 
 
 3 
 
 Fine on Jurors for non-attendance 
 
 
 72 
 
 " for Contempt of Court.... 
 
 
 73 
 
 " on Witness 
 
 
 74 
 
 Foreign County. Execution under 27 & 28 Vic . 
 
 
 80 
 
 " Judgments, Procedure Book to be used 
 
 77 
 95,100 
 
 62 
 
 148 
 
 4 
 
 124 
 
 51 
 52 
 53 
 
 56 
 
 56 
 
 57 
 51 
 
 58 
 
 
 Forfeiture of office by Clerks and Bailiffs 
 
 
 Forms in Garnishee proceedings subjoined to Rules to be in 
 lieu of those in Schedule to Act of 1869 
 
 
 " prescribed to be used, and no others 
 
 
 Further particulars, Judge may adjourn for 
 
 
 Gambling debt where consideration of note. Court no juris- 
 diction 
 
 
 Garnishee Proceedings i— 
 
 ' ' Affidavit for garnishment of debt 
 
 40 
 
 " Warning on SimimonB or order 
 
 42 
 
 " How Summons to be served 
 
 
 " Where Garnishee or Debtor do not appear. Judg- 
 ment to be by default ..'. 
 
 
 " If aU parties not served, case may proceed against 
 parties served 
 
 
 " Where judgment in Foreign Court, transcript to 
 
 be filed with Clerk before issuing Summons 
 
 " Affidavit for Judge's Order 
 
 40 
 
 " Garnishee to make no payment to Primary Credi- 
 tor before judgment against Primary Debtor .... 
 Summons to Garnishee and Primary Debtor after 
 judgment 
 
 43 
 
 " Attaching Order 
 
 
 41 
 
 Summons to Primary Debtor and Garnishee before 
 judgment ' 
 
 
 44 
 
 " Minutes in Prooeaure Bcok, of judgment against 
 Garnishee, on judgment recovered 
 
 
 45 
 
 " Minutes of judgment against Primary Debtor and 
 Garnishee' 
 
 
 46 
 
 Minutes of judgment in favor of Garnishee Bond. . . 
 
 
 46 
 
INDEX. 
 
 IX 
 
 Garnishee Proceedings — Continued. 
 
 " Memorandum of admission of debt signed by Gar- 
 
 nishee 
 
 ' ' Memorandum where Garnishee denies debt 
 
 " Application under Sec. 14 (1869) to be by Judge's 
 Summons 
 
 " If money paid over, Primary Creditor may be 
 called upon to shew cause why he should not 
 pay money to Debtor 
 
 ' Order, if granted, may be in accordance with sum- 
 mons ; 
 
 " Order may be made if parties summoned make de 
 fault 
 
 " Bond to be given \mder Sec. 15 
 
 " " to be executed by Primary Creditors and one 
 surety, penalty, &c 
 
 " Bond to be approved by Clerk 
 
 " Costs of Execution, Bailiff's Fees, &c., to be levied 
 of Garnishee 
 
 " Forms in Eules to be in lieu of those in Stat. 1869 
 
 " Entry in Debt Attachment Book to commence 
 with attaching Order or Summons 
 
 " all subsequent proceedings to be entered therein 
 
 " Under C. L. P. Act, Sees. 292 to 296 to be in Forms 
 
 prescribed 
 
 Forms under C. L. P. Act to be in other cases 
 according to these Forms prescribed imder Act 
 of 1869 
 
 " If Primary Debtor not served. Judge may adjourn 
 hearing until service effected 
 
 " Judge may order stranger to be made party and 
 served with Summons 
 
 " Judge may order substitutional service 
 
 " Execution against Garnishee on Judgment re- 
 covered 
 
 " Execution against Garnishee on Judgment re- 
 
 " " covered against him and Primary Debtor. 
 
 " " against Primary Debtor and Garnishee... 
 
 " " for Garnishee's Costs 
 
 " " under 293 and 296 Sees, of C. L. P. Act. 
 
 Hearing in cases of attachment not to be less than one month 
 after Attachment, unless service of Summons 
 
 personal 
 
 Hearing Fee to be charged on adjournment, where opposed 
 Husband and Wife, cladimsby, may be joined 
 
 Roles. 
 
 Illiterate deponent, Jurat to affidavit by 
 
 Infant to sue by next friend 
 
 Inspection of documents, how parties to be entitled to 
 
 Interpleader, Proceedings in 
 
 " Particulars of claim 
 
 " Maybe tried by consent 
 
 " Summons 
 
 " Adjudication in 
 
 " Claimant may be relieved on terms, if Bule 
 as particulars not complied with 
 
 " Where claim dismissed, Bailiff to get his costs 
 out of amount levied 
 
 " Landlord's claim for rent 
 
 " Summons,how and when to be served 
 
 " " how to be stamped 
 
 59 
 
 59 
 59 
 59 
 
 60 
 60 
 
 61 
 62 
 
 62 
 62 
 
 63 
 
 63 
 
 54 
 
 54 
 55 
 
 35 
 139 
 120 
 
 FoRua. 
 
 49 
 49 
 
 50 
 
 47a 
 47a 
 
 48,49,50,90 
 
 126 
 2, (13), 137 
 38 
 38 
 38 
 37 
 38 
 
 39 
 
 40 
 
 37 
 
 37 
 
 135 
 
 86 
 
 87 
 88 
 89 
 90 
 
 llOn 
 
 7 
 
 19,21 
 21 
 
 25,26 
 71 
 
 20 
 
INDEX. 
 
 interpleader, Summons, Forms of 
 
 " Moneys in dispute in hsmds of Clerk to be held 
 
 untu adjudication 
 
 ' ' Execution against goods of claimant 
 
 Interpretation clause, (See Words.) 
 
 interpreter, Form of Oath to 
 
 Inventory, Bailiff's, of goods seized, &c 
 
 " Endorsement on 
 
 Irregularity, practice under 
 
 Kdles. 
 
 38 
 
 Jew, form of Oath for 
 
 Judgment Debtor, Plaintiff's application for Sunmions 
 
 " Summons to appear and be examined 
 
 " Service of Summons , 
 
 " Summons on default or payment as 
 
 ordered , 
 
 Judgment Summons, and form of application for 
 
 " how to be served 
 
 " not to issue without leave of Judge on 
 Judgment more than six years old, 
 unless some payment made within 
 12 months 
 
 " Eorm of Oath to Defendant on examina- 
 tion 
 
 Judgment on Award 
 
 on Set-off 
 
 reviving 
 
 " Affidavit for 
 
 to be entered by Clerk 
 
 on Special Summons 
 
 Staying or Setting aside, how 
 
 " " Application to be 
 
 viva voce in open Court in certain cases. 
 
 Staying or Setting Aside, how Order for to be 
 entered by Clerk in Procedure Book 
 
 in Replevin where distress for Kent and Defend- 
 ant succeeds 
 
 in Replevin, in ordinary actions of 
 
 ** where Defendant pays into Court .... 
 
 Rendering of Judgment, money payable in 15 
 days from 
 
 Postponed under Sec. 106 
 
 by Default after when Defendant permitted to 
 amend on terms 
 
 for and against Executors and Administrators. — 
 (See Executors, i:c.) 
 
 Transcripts of 
 
 Summons to Defendant after 
 
 in Garnishee proceedings. Summons to G-arnishee 
 
 and Primary Debtor after and before 
 
 in Garnishee proceedings, minute of in Procedure 
 
 Book against Garnishee on Judgment recovered, 
 in Garnishee proceedings, minute of Judgment in 
 
 same against Primary Debtor and GamiEhee.... 
 in Garnishee proceedings, minute of Judgment in 
 
 same in favour of Garnishee 
 
 Exeoutor or Administrator, minute of judgment 
 
 in Procedure Book, against 
 
 2 (1 to 7) 
 
 143 
 
 85,90 
 
 7 
 85,90 
 
 156 
 
 149 
 21,22,23,27 
 28,29,30, 
 31,32,33, 
 
 144 
 
 144 
 
 144 
 
 42 
 44 
 45 
 
 149 
 
 91 
 
 110 e 
 
 120 
 
 122 
 
 110 (e) 
 
 27 
 28 
 
 29 
 28 
 
 110 (i) 
 55 
 79 
 
 68,69 
 113 
 
 45 to 75 
 32, 52, 77 
 
 29 
 
 64 to 75 
 160, 161, 
 162, 163 
 
 Poems. 
 25, 26 
 
 75 
 
 59 to 69 
 98, 99, 100 
 
 28 
 
 43,44 
 
 45 
 
 46 
 
 47 
 
 59 to 68 
 
INDEX. 
 
 XI 
 
 
 Rules. 
 
 FOEMS. 
 
 Judgments, Minute of, for Executor to revive a Judgment... 
 
 
 69 
 
 " " in Replevin 
 
 
 70 
 
 " Interpleader, minute in Procedure Book 
 
 
 71 
 
 " Juror, fine on " 
 
 
 72 
 
 " Contempt, fine for " 
 
 
 73 
 
 " Witness, fine on " 
 
 
 74 
 
 " Defendant for debt or damages " 
 
 
 51 
 
 " Special Summons " 
 
 
 52 
 
 " " where some Defendants served 
 and others have confessed, minute 
 
 
 53 
 
 " Noxisuit, minute 
 
 
 54 
 
 " Dismissal, " 
 
 
 54 
 
 Award, " 
 
 
 55 
 
 " Defendant, for*' 
 
 
 56 
 
 " " on set-off 
 
 
 57, 58 
 
 Jurat, tn Affidavit 
 
 133 
 123, 124 
 
 110 n, o) 
 
 Jurisdiction in certain cases 
 
 Juror's fees 
 
 3 
 
 " .'^ilTnTnnnH to 
 
 
 37 
 
 '* Fine on for non-attendance 
 
 
 72 
 
 " Form of Oath 
 
 
 110 (g, h) 
 
 Jury Cases, Judge may non-suit Plaintiif m 
 
 122 
 142 (e) 
 
 142 (e) 
 
 " " order second trial before Jury 
 
 " Party requiring Jury in first instance to be en- 
 titled to Jury on second trial 
 
 
 
 102 (13) 
 111 
 
 Justification, Affidavit of, by surety to bond ■ 
 
 
 Tjandlord's claim for rent in Interpleader 
 
 38 
 
 16 
 
 127 
 
 20 
 
 Leave to issue process under 72nd sec 
 
 8,9 
 
 Limitations, Statutes of, continuance of process to save. 
 
 Line Fences and Water Courses, execution for damage and 
 costs 
 
 91 
 
 
 124 
 166 
 
 
 
 
 
 48 
 
 *' of , admission of debt by G-amishee 
 
 
 49 
 
 
 
 50 
 
 Minor, undertaking by next friend, for costs in suits, other 
 than for wasres 
 
 126 
 
 7 
 
 7 
 
 Minute, Plaintiff requiring Judgment Summons, to enter 
 
 27 
 
 '< i-n Procedure Book, of Judorment; 
 
 
 " " " against Gramishee on Judgment 
 
 45 
 
 *' •* " against Primary Debtor and 
 
 
 46 
 
 
 
 47 
 
 " " " against Defendant for debt, &c. 
 
 " " " against Executors or Adnunis- 
 
 trators. {See Procedure Book.) 
 
 
 51 
 
 
 
 59 to 68 
 
 
 71 
 
 Minutes of Judgment on Special Summons where severa 
 Defendants and all not served a1 
 
 27 
 
 27 
 95,96,97,98 
 99,100 
 
 
 " " where all serve but some defend 
 judgment not to be entered agains 
 
 
 
 
 
 
am 
 
 INDEX. 
 
 
 Court or Interpleader to be retained by- 
 Clerk until case decided 
 
 " in Replevin 
 
 Rules. 
 
 Forms. 
 
 Money paid into 
 It -ti 
 
 38 
 
 45 
 
 20,129,130 
 
 159 
 
 159 
 
 1.59 
 165 
 
 3 
 142 
 
 
 It a 
 
 
 
 " OoUected 
 
 (1 tt 
 
 , parties to direct mode of transmission ... 
 
 
 tt It 
 
 not to be sent to Clerk of another Court 
 without Plaintiff's order 
 
 
 Muskoka, Kules, 
 
 Orders, &c., to aDplv to 
 
 
 
 nfull 
 
 
 New TriaL practice on Application for 
 
 
 " Orderfnr 
 
 70 
 
 Judge 
 Next fiiex^d, Inf ai 
 Non-appearance, 
 
 
 142 (e) 
 12G 
 
 
 
 7 
 
 jamishee proceedings. Clerk's Memoran- 
 
 48 
 
 Non-suit. Minute of tTudfrment in Procedure Book 
 
 
 54 
 
 " power 
 
 
 122 
 124 
 
 
 
 
 Notice of Action 
 
 
 102 (13) 
 102(4)103 
 
 103 
 
 " of set-off. 
 
 
 20 
 
 Notices, Defendant's, to Plaintiff or Clerk, of admission of 
 
 (( (( 
 
 of disputing wlwle or part of Plaintiff's 
 nla.iTn 
 
 
 103 
 
 tl cc 
 
 other grounds of defence 
 
 
 103 
 
 (Clerka. 
 
 
 
 101 
 
 
 of new Trial granted 
 
 
 101 
 
 t» (( 
 
 " Confession given 
 
 
 102 (2) 
 102 (2) 
 102 (2) 
 102 (3) 
 102 (4) 
 
 102 (5) 
 
 102 (6) 
 
 102 (7) 
 
 102 (8) 
 102 (9) 
 102 (10) 
 
 102 (11) 
 
 102 (12) 
 
 102 (13) 
 102 (14) 
 
 (I ({ 
 
 where Defendant disputes claim 
 
 .. . 
 
 fi tt 
 
 " " does not 
 
 
 It tt 
 
 " " disputes certain items.. 
 
 
 ti tt 
 
 
 a tt 
 
 " " sets at Statute of Lim- 
 itations 
 
 
 tt It 
 
 " ■' " discharge under 
 Insolvent Act 
 
 " " admits certain items of 
 claim. 
 
 
 tt tt 
 
 
 ft ft 
 
 " " " making bill or 
 
 
 ti tt 
 
 " " pays into Court 
 
 
 (( tt 
 
 " " pleads tender 
 
 
 tt it 
 
 " thatPlaintiffnot 
 certificated 
 
 
 tt it 
 
 " " " biUornotenot 
 stamped or 
 stamp not 
 cancelled .. 
 
 
 (I tt 
 
 " " Plaintiff did 
 
 not give 
 
 notice of 
 
 action, &o.. 
 
 " defends under protect- 
 
 iner clauses of Act... 
 
 
 
 
 Notice, Special Smnmons— at foot of Warning 
 
 19 
 132 
 132 
 
 ** of admission of part bv Defendant ... 
 
 102 
 
 (C ( 
 
 " how to be served. 
 
 
INDEX. 
 
 XUl 
 
 Oaths and aiErmations, &c., requisites of 
 
 " " how to be administered. , 
 
 " to Appraisers 
 
 Officers' Fees, Taxiff of 
 
 " (See Clerk's and Bailiff's Duties) 
 
 " and Bnreties, claim on suit against 
 
 Old proceedings, how continued 
 
 Ordinary summons to appear 
 
 " " service of 
 
 , " " affidavit of service of 
 
 Order, Judge's Attaching,- in garnishee proceedings 
 
 " of Reference, Arbitrator 
 
 Orders to be entered by Clerk in Procedure Book,.... 
 
 " where Judge gives leave or orders a thing to be doie, 
 to be minuted in Procedure Book 
 
 " Interpleader proceedings 
 
 " for new trial 
 
 " for Judgment postponed 
 
 Original Summons, Suggestion of devastavit 
 
 Edlbs. 
 
 133 
 134 
 
 FOEMS. 
 
 164 
 76 to 100 
 6 
 1 
 11 
 81, 82, 90 
 
 149 
 
 121 
 38 
 
 Papers in suit to be kept in Summons 
 
 Part, Judgment for ^ 
 
 Particulars of claim tobetn detail 
 
 " on contract.... 
 
 forTort 
 
 " against officers 
 
 " in Interpleader, how and when to be served by 
 
 daimant onlandlofd. 
 
 " in Interpleader, if Kule not complied with, case 
 to be adjourned for adjudication on merits... 
 
 " (See Claim) 
 
 Parties to actions, (See AmendtKerets, ) 
 
 64 
 
 86 
 
 21, 22, 23 
 3,4 
 
 4 
 
 Paying money into Court to be deemed sufficient notice of 
 Defendant disputing Plaintiff's claim, 
 
 " " in Replevin 
 
 " under 88 or 91 Sees, of Act 
 
 " 87 or 90 " 
 
 Payment by Garnishee to Primary Creditor before judgment 
 
 aga&st Primary Debtor, invalid.: 
 
 Perishable property, bond on seizure or sale of in attachment. 
 
 Places of abode of pirtiea on claim 
 
 Primary Creditor, Garaishee proceedings, affidavit to be 
 made by for garnishment of debt. 
 
 " application by to be ex parte 
 
 " warning to be endorsed on order 
 
 " Where he proceeds on a judgment m 
 
 another court, transcript of judgment 
 to be fUed with Clerk beforS issuing 
 
 Summons 
 
 Primary Debtor in all cases tb be served with Garnishee 
 
 Summons •;■ 
 
 " If not served. Judge may adjourn case untU 
 
 served • 
 
 " Judge may order substitutional service of 
 summons 
 
 6 
 
 38,39 
 
 39 
 
 104 to 119, 
 3, 4, 125 
 
 20 
 
 45 
 
 129 
 
 130 
 
 58 
 
 51 
 51 
 52 
 
 57 
 54 
 54 
 
 55 
 
 !,9, 11, 13, 
 
 14, 106 to 
 113, 115, 
 116, 121, 
 126 
 
 121 
 
 1,2 
 
 18 
 
 22 
 
 106 
 41 
 35 
 
 45 to 75 
 
 71 
 76 
 75 
 32 
 
 15 to 21 
 16 
 17 
 18 
 
 19, 20, 21 
 
 125 
 
 40 
 42 
 
XIV 
 
 INDEX. 
 
 
 r Debtor, If he does not appear 
 
 ment by default maj 
 
 ' ' Where judgment again 
 
 " transcript of judgn 
 
 Clerk before issuing 
 
 " Summonsto, and Gam 
 
 " Minute of Judgment 
 
 judgment against an 
 
 Summons to be dated when issue 
 
 and registration of letters to be c 
 
 after service judg- 
 
 KULES. 
 
 FOBMS. 
 
 Primar 
 
 56 
 57 
 
 
 
 st in another Court, 
 lent to be filed with 
 
 Summons 
 
 Bhee after judgment 
 n Procedure Book, 
 d Garnishee 
 
 43 
 
 
 
 46 
 
 Pluries 
 
 d ; 
 
 14 
 145 
 
 
 Postage 
 
 ostein '•fi-uHp 
 
 
 
 75 
 
 Practice where not complied with Judge may adjourn suit on 
 
 tftrms .. - 
 
 140 
 
 143,144 
 77, 148 
 
 121 
 121 
 
 
 (( 
 
 in setting aside or staying proceedings for irregu- 
 
 ln,rif.v _ 
 
 
 
 4 
 
 C( 
 
 " where Court gives lea\ 
 
 ceeding, Tniuute to be 
 
 " in such case no formal c 
 
 " Minutes in, of Judgmen 
 
 <( tt tt tt 
 It (( (( It 
 
 tt tt cc tt 
 
 tt tt tt tt 
 It tt .< tt 
 tt tt it tt 
 
 (C tt tt tt 
 
 te It tt it 
 
 tt tt tt It 
 tt it tt tt 
 
 It It tt tt 
 tt tt It tt 
 
 tt tt tt It 
 
 tt It tt tt 
 
 e for Order or Pro- 
 ni?i-rle iTi 
 
 
 
 )rder necessary 
 
 t against Defendant 
 
 51 
 
 (( 
 
 under 32 Vic. cap. 
 23, Sees. 2 & 3... 
 
 
 52 
 
 
 where some De- 
 fendants served 
 with Special 
 Summons , and 
 others confess'd. 
 
 of non-suit or dis- 
 missal for want 
 of prosecution .. 
 
 
 53 
 
 CC 
 
 
 54 
 
 It 
 
 
 
 55 
 
 (( 
 
 
 
 56 
 
 (( 
 
 for Defendant on 
 set off where set 
 off part satisfi'd. 
 
 for Defendant for 
 bal'nce of set-off 
 
 against Garnishee 
 on Judgment re- 
 
 
 57 
 
 (( 
 
 
 58 
 
 (( 
 
 
 45 
 
 tt 
 
 against Primary 
 Debtor and Gar- 
 
 
 46 
 
 it 
 
 in favour of Gar- 
 nishee 
 
 
 47 
 
 tt 
 
 against Executor 
 or Administra- 
 tor in ordinary 
 
 
 59 
 
 C( 
 
 against same in 
 various cases. . . . 
 
 
 59 to 68 
 
 
 against same on 
 devastavit after 
 
 
 67 
 
 (( 
 
 to revive a Judg- 
 ment against 
 Executor 
 
 
 68 
 
 " 
 
 for Executor to re- 
 vive Judgment. 
 
 
 69 
 
 
 
 
INDEX. 
 
 XV 
 
 Procedure Book, Minutes in, of Judgment in Replevin 
 
 " " " " " of adjudication on 
 
 Interpleader 
 " " " of imposition of fine on Juror for 
 
 non-attendence 
 
 " " " of order for imposition of fine for 
 
 Contempt 
 
 " " " of imposition of fine on witness. 
 
 Process under seal to be signed by Clerk 
 
 " first, to be commencement of action 
 
 " firat, in certain cases 
 
 " how to be stamped 
 
 " " " in Interpleader and Keplevin 
 
 " not to issue on judgment more than six years old 
 without leave of judge unless payment made within 
 
 12 months 
 
 Putting off trial before hearing 
 
 Proceedings, former continued 
 
 Quaker. Form of Affirmation to 
 
 EULKS. 
 
 9 
 
 10 
 
 11 
 
 9,135 
 
 136 
 
 155 
 
 141 
 
 1 
 
 Reference, Order of, to Arbitrator. 
 
 " Appointment for meeting under 
 
 " " Enlargement to be endorsed 
 
 Remote Coimty, Defendant not residing in adjoining County, 
 
 when Special Summons returnable 
 
 Renewal of Executions 
 
 " of "Warrants of Commitment 
 
 Rent, Landlord's claim for 
 
 " Return when levied by Bailiff 
 
 Replevin, Summons in 
 
 " no other cause of action to be joined m Summons. 
 
 " where distress for rent and Defendant succeeds 
 Judge may find value of goods distrained 
 
 " if value less than rent. Judge may find value. .. 
 
 " if rent less, judgment for amount of rent 
 
 " where distress for damage feasant and Defendant 
 succeeds , 
 
 " Judgment in, in ordinary actions 
 
 " Bailiff's duties in action of 
 
 Forms. 
 
 70 
 71 
 72 
 
 73 
 
 74 
 
 " " return of property eloigned «.... 
 
 " Fees to F. F., stamps, &o., in 
 
 " Affidavit to obtain Judge's order for 
 
 " " " Writ of, without order, in first 
 
 instance 
 
 " claim in *■■■ 
 
 Execution against Plaintiff when return of goods 
 
 " adjudged with damages and costs 
 
 " Appraiser's Oath 
 
 Replevin Bond •••■ . 
 
 " where cancelled by consent and damages paid 
 
 into Court and accepted 
 
 Return, Clerks of , emoluments 
 
 ^' " of unclaimed money 
 
 Return day, of Special Summons 
 
 " " of Summons in Replevin ■■•■ 
 
 Returns, under sections 18 and 19 (1869) to be made to Clerk 
 by whom process issued 
 
 110 (d, 0,) 
 
 35 
 35(b) 
 
 35 cc; 
 
 18 
 158 
 102 
 
 38 
 
 46 
 
 13 
 
 41 
 
 42 
 42 
 42 
 
 43 
 
 44, 45 
 , 47, 48, 
 49, 50 
 
 50 
 136 
 
 46 
 45 
 
 84 
 
 18 
 
 49, 50 
 
 34 
 
 20 
 124 (d) 
 24 
 
 70 
 
 117,18,119 
 120 
 
 13 
 
 14 
 15 
 
 85 
 121 
 117 
 
 115 
 llfi 
 
 119 
 
XVI 
 
 INDEX 
 
 
 Rules. 
 
 ■ . — =g^ 
 Forms. 
 
 Keviving Judgment during lives of parties not necessary 
 before expiration of six years. 
 
 155 
 
 
 " " against Executor, Summons for 
 
 30 to 33 RR 
 
 for " 
 
 
 69 
 
 " " after six yeass; 
 
 157 
 
 
 Affidavit for. 
 
 113 
 
 Keviving Proeeedings on Special Summons where Judgment 
 not entered by Clerk on default in one 
 
 31 
 146 
 
 1 
 
 164 
 164 
 
 22 
 
 Revision, Court of , cost of appeals from. 
 
 
 Kules and Orders when to come in force 
 
 
 Schedule of Clerk's Fees-.. 
 
 3^ 
 
 ofBaaifPs " 
 
 2 
 
 " to affidavit for leave to sue in an adjoining division. 
 
 10 
 
 Seal, Process imder, to be signed by Clerk .T 
 
 9 
 
 m 
 
 84 
 16, 123 
 151 
 130 
 129 
 45, 130 
 129 
 
 
 Section 41 
 
 11 ii 
 
 " 43 
 
 116 
 
 " 72 
 
 " 81 Defendant to avail himself of set-off... 
 
 
 " 87 : 
 
 
 " 88 
 
 
 " 90 
 
 
 " 91 ■ ' 
 
 
 " 106 
 
 75 
 
 " 109, when judgment to be entered 
 
 150 
 
 150 
 
 162 
 
 161,163 
 
 161 
 
 15 
 
 7 
 
 149 
 
 51,53,57 
 
 59 
 
 60 
 
 125 
 
 17, 90 
 
 19, 90 
 
 37, 90 
 
 48, 90 
 
 53,54,5.5,90 
 
 81,82,90 
 
 85, 90 
 
 127, 90 
 
 143 
 
 20 
 
 151 
 
 152 
 
 
 " 110, 111 " " 
 
 
 " 137 .;■ 
 
 
 " 1-39 
 
 
 " 142 
 
 
 " 152 
 
 
 " 160 
 
 28 
 
 " 2, Act of 1869 
 
 " 6, " proceedings under 
 
 40 42 
 
 " 14, " application under 
 
 
 15, " bond to be executed by Prituaiy Cre- 
 ditor to Clerk for repayment 
 
 47 fa) 
 
 Service of papers on either party 
 
 " Summons Concurrent 
 
 
 " Special 
 
 107 
 
 " " Interpleader 
 
 " " Eeplevin 
 
 
 G-amlshee 
 
 " " Ordinary, &c 
 
 106 
 
 
 
 " Continuance of Action 
 
 
 Set-off, Notice of, to be sufficient notice of disputing Plaiii- 
 
 
 Where Plamtiff proceeds under Section 81, Defendant 
 to avail himself of Set-off or other defence 
 
 
 " When judgment for Defendant, entitled to issue exe- 
 
 79 
 
 " Minute of Judgment for Defendant on, where set-off 
 
 57 
 
 ' ' Minute of same for balance of Set-off 
 
 
 68 
 
 
 22, 22 
 
 24 
 
 12 
 
 19, 90 
 
 
 and some do and some do not ispute 
 
 
 Special Summons, when to issue and form of . 
 
 23 
 
 
 
INDEX. 
 
 XVU 
 
 Rules. 
 
 Forms. 
 
 Special Summons, Service of, affidavit of 
 
 " " When returnable 
 
 " " If not served in time, new warnings to be 
 
 be added by Clerk 
 
 " " When judgment may be signed 
 
 some De- 
 fendants in default 
 
 " " When more Defendants than one, and 
 
 some make default and others confess, 
 
 judgment to be against all 
 
 " " Judgment on wliere two or more, Defend- 
 ant served on different days 
 
 " " Where one or more of several Defendants, 
 
 put in defence, action to x>roceed as in 
 
 other cases 
 
 Judgment to be signed againBt all when 
 
 action determined..... 
 
 " " Any Defendant in default when let in to 
 
 defend 
 
 " " Where Defendant in Default gives eonfes 
 
 sion. Plaintiff may elect as to judgment. 
 
 " " Judgment by default to be entered in one 
 
 month from return 
 
 " " If month passes, suit not to abate 
 
 " " May continue by .4 iias Summons. 
 
 " " Judgment to be entered jn form prescribed. 
 
 " " Execution to be issued in form prescribed. . 
 
 " " Execution under Section 18, (1969,) exe- 
 
 cuted out of Division to be directed to any 
 
 Bailiff of the same County 
 
 " " Execution cannot be issued to Bailiff in 
 
 another County 
 
 " " Eetums under Sections 18 and 19 to be to 
 
 Clerk who issued Process 
 
 Spirituous Liquors drunk in tavern, &c 
 
 Stamps, Process to be Stamped, how 
 
 ' ' how to be affixed to subsequent proceedings 
 
 " in Eeplevin and Interpleader 
 
 Statutes, ( See Sections. ) 
 
 " of Limitations, continuance of Process to save 
 
 operation of 
 
 Statutory Defence, Notice of, to be deemed notice of disput- 
 ing Plaintiff's claim 
 
 " " Defendant to give notice to Plaintiff and 
 
 Clerk. 
 
 Staying Proceedings, Practice as to 
 
 " " Order or Judgment, &c 
 
 Striking out Defendants where some succeed at trial on 
 
 Special Summons 
 
 Suppcena, (See Swmmons to Witness.) 
 
 Suggestion on Devastavit on Original Summons 
 
 under 27 and 28 Vic, Cap. 27. 
 
 Suitor's Money, how and when payable 
 
 " Clerks to make return without order, of 
 
 unclaimed 
 
 Supersedeas, Bond on, to Warrant of Attachment 
 
 Substitutional Service in G-amishee proceedings 
 
 Summons, Ordinary 
 
 " " Service of 
 
 " " " Affidavitof 
 
 ' ' for Witness to appear before arbitrator 
 
 18 
 
 19 
 23 
 
 24 
 
 26 
 27 
 
 28 
 
 28 
 
 29 
 
 30 
 
 31 
 31 
 31 
 32 
 33 
 
 34 
 
 34 
 
 34 
 124 
 135 
 135 
 136 
 
 127 
 
 20 
 
 128 
 143 
 144 
 
 28 
 
 64 
 
 5 
 
 159 
 
 53, 55 
 
 11 
 
 81,82,90 
 
 107 
 
 53 
 
 32 
 
 32 
 52 
 
 77 
 
 32 
 
 116 
 105 
 
 22 
 
 106 
 39 
 
XVIU 
 
 INDEX. 
 
 
 Exiles. 
 
 EOBMS. 
 
 
 17 
 
 90 
 
 
 * ' (See Judgment Sutmnons. ) 
 
 28 
 
 (( " '* " default 
 
 
 29 
 
 
 
 37 
 
 " in Replevin 
 
 48 
 85 
 
 13 
 90 
 
 47 
 48 
 49 
 136 
 14 
 
 156 
 90 
 
 24 
 
 " " not to be served until properly re- 
 
 
 <t " Tiow tn hp served on Defendant 
 
 
 
 119 
 
 
 
 
 
 '* against Judgment Debtor, none to issue on Judg- 
 ment more than six yeaiS old, unless 
 some payment made within 12 months. 
 
 " " Service of 
 
 
 
 25, 26 
 
 " " Service of 
 
 37 
 
 90 
 136 
 
 157 
 64 
 64 
 
 157 
 
 72 
 
 
 " " Stamps on 
 
 
 
 30 
 
 
 31, 32 
 
 
 32 
 
 
 33 
 
 " '* allcgino" assets since Judgment 
 
 34 
 
 " Garnishee, to G-amishee and primary Debtor after 
 
 43 
 
 " " to Primary Debtor and G-arniahee he- 
 fore Judgment 
 
 
 44 
 
 " '* how to be served 
 
 53,54,55,90 
 
 54 
 
 55 
 
 147 
 
 
 " " Judge may order any stranger to be 
 
 made party to suit and served with. 
 
 " " Judge may order substitutional service. 
 
 " to Witness {before Court) . 
 
 38 
 
 
 39 
 
 
 
 18 
 
 *' " Affidavit of justification to bond, &c 
 
 
 111 
 
 " " " of Caption 
 
 
 109 
 
 Tariff of Officers' Fees 
 
 164 
 147 
 
 1, 2 
 
 " Witness " 
 
 3 
 
 ** Jurors' ** 
 
 3 
 
 
 
 3 
 
 Tender, pleading to be deemed notice of disputing Plaintiff's 
 
 20 
 1 
 
 124 
 11 
 
 
 Time of operation, (2nd August, 1869) 
 
 
 Tippling-Hebt, where consideration oiE note. Court no juris- 
 diction 
 
 
 
 
 " particulars in cases of 
 
 17 
 
 Transcript of Judgments, how to be prepared by County Court 
 
 " " under Sec. 139 or 142 how, to be issued 
 
 and entered in Procedure Book 
 
 160 
 
 161 
 
 161 
 
 162 
 163 
 
 99 
 
 " "no further proceedings in Home 
 Court without Judge's order .. . 
 
 
 " " not to issue under Sec. 137 or 139 
 where proceedings abated 
 
 " " Entries of, to be in Procedure Book. 
 
 " " Execution on, from one Division 
 Court to another 
 
 81 
 
INDEX. 
 
 XIX 
 
 Transcript of Judgments to another Division Court under 
 
 Act of 1869 
 
 " " to County Court under same 
 " " on Ordinarj' Summons 
 
 Trial. New, how application made and disposed of 
 
 *' Order for.. 
 
 " Judge may order second trial before Jury 
 
 " party demanding Jury entitled to Jury on.... 
 
 Trial putting off before sittings 
 
 " ■' in attachment 
 
 Unauthorized books, document, and forms not to be used, 
 
 or fees forfeited i 
 
 Unclaimed moneys, list of 
 
 Undertaking of next friend, guaranteeing costs 
 
 Umpire to endorse appointment on order of reference 
 
 Variance, (See Amendment.) 
 
 Voir dire form of oath ; 
 
 Warning to Garnishee on order and Summons 
 
 " Special Summons 
 
 " " to hear date when, howrenewed 
 
 Warrants of Commitment, Bailiff when delivering delinquent 
 
 to Jailer to endorse fees and 
 
 mileage 
 
 " in default of appearance 
 
 " after examination 
 
 " for contempt in open Court., 
 
 Warrant to levy fine on Witness 
 
 Watercourses and Line Fences, Execution for damages and 
 
 Withernam, Writ of, in Kepievin, it properly eloigned 
 
 Witness, Summons to 
 
 " Fine for non-attendance 
 
 " Fees to be taxed by Clerk. 
 
 " " scale of 
 
 " " affidavit of disbursements 
 
 Witnesses, Form of Oath to 
 
 " disbursements, affidavit of, to 
 
 Words, Interpretation of — 
 
 "The Act" 
 
 " The Act of 1869 " 
 
 "Party" 
 
 "Person" 
 
 " Person or Party " 
 
 "Executor" 
 
 "Administrator " 
 
 Singular number to include plural 
 
 Masculine to include feminine 
 
 "Sworn "and "On Oath" 
 
 " Home Court " and "Home Division" 
 
 " Foreign Court " and " Foreign Division '' 
 
 "Judge "and "Clerk" 
 
 " Plaintiff " and " Defendant " 
 
 "Comity" 
 
 "The Claim" 
 
 "Process" • 
 
 "United Counties" 
 
 Kdlbb. 
 
 142 
 
 142 (e) 
 
 142 (e) 
 
 141 
 
 35 
 
 148 
 
 84 
 
 126 
 
 117, 118, 
 119 
 
 52 
 12, 19 
 101, 102 
 
 103 
 
 50 
 
 147 
 
 147 
 
 FOEMS. 
 
 100 
 
 76 
 101 
 
 116 
 7 
 S5(a) 
 
 110 (f) 
 42 
 
 93 
 94 
 96 
 95 
 
 92 
 C.S.U.C., 
 Cap. 29. 
 38 
 74 
 
 3 
 112 
 110 
 112